Acceptable Use Policy (AUP)

This ZoeCast.com Acceptable Use Policy (“AUP”) describes the proper kinds of conduct and prohibited uses of ZoeCast’s hosting services (the “Services”). This AUP is not exhaustive and ZoeCast.com reserves the right to modify this AUP at any time, effective upon posting of the modified AUP at www.ZoeCast.com. By registering for and using the Services, and thereby accepting the terms and conditions of this AUP, you agree to abide by these conditions as modified from time to time. Any violation of the AUP may result in the suspension or termination of your account or such other action, as ZoeCast.com deems appropriate.

Server Abuse

Any attempt to undermine or cause harm to a server, or customer, of ZoeCast.com is strictly prohibited.

Unauthorized use of other people’s accounts or computers ZoeCast.com will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include “Internet scamming” (tricking other people into releasing their passwords), password robbery, security hole scanning etc.

Any unauthorized use of accounts or computers by a ZoeCast.com customer, whether or not the attacked account or computer belongs to ZoeCast.com, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. ZoeCast.com will make every effort to fully cooperate with legal authorities taking any actions against such attackers.

IMPORTANT NOTE – ZoeCast.com has the right to discontinue service, or deny access to anyone who violates our Terms of Service, our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds or fees paid will be made if account termination is due to violation of the terms outlined.

Customers may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailings, newsgroup spamming, child pornographic content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by ZoeCast.com to be unacceptable use of ZoeCast.com’s equipment and/or services including abuse of server resources.

All hosting accounts may be terminated that include the following content or which have links to the following content:

Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism or hatred.

Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual.

Displaying material that exploits children under 18 years of age.

Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.

Exporting encryption software over the Internet or otherwise, to points outside the United States .

Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.

Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.

Any account that is deactivated by the abuse team will be charged the following reactivation fees:

1st offense – $ 30 .00
2nd offense – $125 .00
3rd offense – $ 750.00 + Account termination

This fee will only be waived if it is determined by the abuse team that the account was disabled without cause.

Unsolicited Email (Spam)

Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account cancellation.

ZoeCast.com takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers.

The following activities are not allowed:

Unsolicited bulk or commercial messages (“spam”). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it from your domain.

Forging, altering or removing electronic mail headers is prohibited. Any domain sending stealth spam will be terminated without warning and without refund.

Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account (“mail bombing”).

Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancellation. See the newsgroup or mailing list’s charter for whether advertising is allowed or not. “Spamming,” or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.

Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.

Providing spamware (software used to send bulk email or software used to harvest email addresses) or links to sites providing spamware is strictly prohibited and subject to demand for removal or account cancellation.

Note: If you use the services of another provider (including but not limited to the use of address lists obtained from a third party vendor or provider) to promote a web site hosted by or through ZoeCast.com (spamvertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers.

Penalty: Depending on the severity of your SPAMMING, ZoeCast.com reserves the right to charge you between $1.00 and $100.00 PER SPAM sent through our network. Your web site content will also be confiscated and it will NEVER be returned to you.

CGI Scripts

(This section does not apply to managed dedicated or co-location servers.) Each shared Unix web hosting account comes with its own cgi-bin, in which you are free to use any* CGI scripts you wish. All CGI scripts (Perl scripts with a .pl or .cgi extension) intended for use on shared Windows 2003 web-hosting accounts are subject to approval by our NT Administrators.

*See the Server Resource Abuse section.

Server Resource Abuse

(This section does not apply to managed dedicated or co-location servers.) Shared server accounts are limited in use of the amount of server resources. Shared server resource abuse includes any process or service usage that affects normal shared server operation, resources or connectivity, and which causes a server to become overloaded. Shared server resources include CPU and memory usage, number of concurrent processes, number of concurrent port or database connections and total bandwidth. Possible causes of server resource abuse include, but are not limited to, the use of: CGI, Perl, Sendmail, mySQL, MSSQL, PHP, ASP, COLDFUSION, HTTP, SMTP, POP3 and FTP. If server resource abuse is detected, possible actions include, but are not limited to: disabling of the offending script or scripts, disabling of the specific service, disabling of the entire account or account cancellation. If server overload is a result of server resource abuse, these actions will be taken without prior notice or warning.

Child Pornography

Our policy on child pornography is zero tolerance. ZoeCast.com will cooperate fully and willfully with any criminal investigation into a Customer’s violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the ZoeCast.com network, and will be liable for illegal material posted by their clients.

According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.

Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT

Penalty: Depending on your level of participation, ZoeCast.com reserves the right to charge you up to $200.00 Per element or graphic sent through our network. Your web site content will also be confiscated and it will be NEVER returned to you.

Chat Rooms

We do not allow clients to install their own chat room software within a shared hosting account, without approving it with the ZoeCast.com Support Team. Most chat room software tends to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of Java chat room software for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others. Note: Parachat chat rooms do not apply to this rule. They are perfectly fine to install.

Abuse of SMTP Mail Server

We do not allow clients to send more than 2000 pieces of e-mail per day from a shared hosting account. If you do send more than 2000 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 2000 per day your account will be moved to a special server that is specifically designed to handle high volumes of e-mail. You will be charged $50.00/month in addition to your regular hosting charges if your account is moved to this server. Please contact [email protected] to have your domain moved.

Background Running Programs

(This section does not apply to managed dedicated or co-location servers.) We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

IRC (Internet Relay Chat)

We currently do not allow IRC, IRC clients, or IRC bots to be operated on any of our servers. In addition, IRC servers are not permitted on our network. Anyone found to be in violation of this policy risks immediate account termination.

Penalty: Depending on your level of participation, ZoeCast.com reserves the right to charge you up to $1,000.00 for running IRC through our network.

Excessive Use/Overages

You will not exceed the bandwidth, data transfer rate, storage and E-mail usage limits outlined by your particular web-hosting package. If you use any bandwidth, data transfer rate, or storage space in excess of the agreed upon number of megabytes per month or if you exceed E-Mail storage and attachment size limitations, may, in its sole discretion, assess you with additional charges. If ZoeCast.com elects to take any corrective action, ZoeCast.com will not refund any unused pre-paid fees. Your use of your account and access to it is your responsibility. You are responsible for any unauthorized access to your account resulting in bandwidth, storage and/or E-mail usage exceeding the limits outlined in your particular web hosting package specifications and resultant charges. Bandwidth and data transfer overages are currently billed at $ 15/GB/month. Disk space overages are currently billed at $ 1.25/MB/month. Email attachments overages are currently billed at $.10 per email over 10MB.

Cancellation

ZoeCast.com reserves the right to cancel service at any time. All fees paid in advance of cancellation may be pro-rated and paid by ZoeCast.com if ZoeCast.com institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)

Due to security concerns, all account cancellations must be done following the steps outlined:

To cancel service with ZoeCast.com all requests must be submitted following the steps outlined:

Go to Our Support Suite and select “Submit a Ticket”.

Then select the Department of “Billing” chick next.

Then compete the ticket and chick submit.

*Cancellations must be submitted via our support center
*Cancellations must include the reason for cancellation

*Advanced Hosting Packages (Dedicated and Co-location packages)
All advanced hosting packages must be cancelled according to the terms outlined in your contract. A cancellation notice must be submitted in writing 30-days in advance. Once the written cancellation notice has been received, you will be contacted via email regarding any restrictions or final obligations owed on your contract.

Liability and Obligations on Cancellation

If the Agreement expires or is cancelled for any reason, ZoeCast.com is not liable to you because of the expiration or cancellation for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from the termination or expiration. If you terminate this Agreement, ZoeCast.com will not relieve you of any obligations to pay fees and costs accrued before the termination date or any other amounts you owe to ZoeCast.com under this Agreement.

IP Address Overlap

ZoeCast.com administers the network on which customer servers reside. The customer cannot use IP addresses that were not assigned to them by ZoeCast.com staff. Any server found using an IP, which were not officially assigned, will be suspended from network access until such time as the IP addresses overlap can be corrected.

Material and Product Requirements

You must ensure that all material and data placed on ZoeCast.com’s equipment is in a condition that is “server-ready,” which is in a form requiring no additional manipulation by ZoeCast.com. ZoeCast.com will make no effort to validate any of this information for content, correctness or usability. If your material is not “server-ready”, ZoeCast.com may reject this material. ZoeCast.com will notify you of its refusal of the material and afford you the opportunity to modify the material to satisfy ZoeCast.com’s requirements. Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your Web site. You must have the necessary knowledge to create and maintain a Web site. ZoeCast.com does not provide this knowledge or customer support outside of the Services.

Intellectual Property Rights

Material accessible to you through ZoeCast’s services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use ZoeCast.om or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the ZoeCast.com network. If you use a domain name in connection with ZoeCast.com or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network Security

Customers may not use the ZoeCast.com network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. ZoeCast.com will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability. You are solely responsible for any security breaches affecting servers or accounts under your control. If your server or website is responsible for or involved in an attack on or unauthorized access into another server or system, ZoeCast.com will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting ZoeCast.com or any of its other customers.

Electronic Commerce

You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.

You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.

Static / Dynamic Content Caching

You expressly (i) grant to ZoeCast.com a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by ZoeCast.com under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party’s intellectual property rights.

IP Address Ownership

ZoeCast.com shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by ZoeCast.com and ZoeCast.com reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

Domain Name Registration

Customer agrees to pay ZoeCast.com prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the ZoeCast.com price schedule for the initial registration of the domain name and, should Customer choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if Customer’s domain name registration is suspended, cancelled or transferred prior to the end of Customer’s then current registration term. ZoeCast.com reserves the right to change fees, surcharges, and renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer’s requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed Customer’s registration in an email from ZoeCast.com to the email address indicated in Customer’s registration application. In the event of a charge-back by a credit card company (or similar action by another payment provider allowed by ZoeCast) in connection with the payments of the registration fee for Customer’s domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to ZoeCast.com as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. ZoeCast.com will reinstate Customer’s domain name registration solely at ZoeCast.com ‘s discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

DIGITAL MILLENNIUM COPYRIGHT ACT

Notice and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the ZoeCast.com system or Web site should be sent ONLY to our Designated Agent.

NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING ZoeCast.com THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g. REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
Written notification must be submitted to the following Designated Agent:

Zoe Networks, Inc.
Legal Department
P. O. Box 374
Scurry, TX 75158
Fax: (214) 506-0049
[email protected]

Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:

Physical or electronic signature of a person authorized to act on behalf of the copyright owner.

Identification of the copyrighted work claimed to have been infringed or a representative list if multiple works are involved.

Identification of the material that is claimed to be infringing that should be removed or access to disabled and information reasonably sufficient to enable the online service provider to locate the material (usually a URL to the relevant page).

Information reasonably sufficient to allow the online service provider to contact the complaining party (address, phone number, e-mail address).

Statement that the complaining party has “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.”

Statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

Lawful Purpose

ZoeCast.com reserves the right to refuse service to anyone. Customers may only use ZoeCast.com server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of ZoeCast.com management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue and jurisdiction this contract was entered into and performed in Kaufman County , Texas , and any dispute will be litigated or arbitrated in Kaufman County , Texas . Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Kaufman County Courts. IN NO EVENT SHALL ZoeCast.com’s MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.

Indemnification

CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD ZoeCast.com HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY’S FEES ASSERTED AGAINST ZoeCast.com, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLO YEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT’S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS ZoeCast.com AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH ZoeCast.com ‘S SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM ZoeCast.com ‘S SERVER.

Disclaimer

ZoeCast.com WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. ZoeCast.com MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. ZoeCast.com DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY ZoeCast.com AND ITS EMPLOYEES. ZoeCast.com RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.

ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF ZoeCast.com MUST ADHERE TO THE ABOVE POLICIES.

FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.