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Zubuz, Inc. ("Zubuz" or "We" or "Us"), agrees to furnish services to You ("You" or "the Subscriber"), subject to the following Terms of Service Agreement ("TOS").
Use of these services constitutes acceptance and agreement to this TOS and to Zubuz's Acceptable Use Policy ("AUP").
The provisions of all contracts between Zubuz and You are subject to compliance with the TOS and the AUP. The AUP may be changed from time to time at the discretion of Zubuz. You understand that changes to the AUP by Zubuz shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the state of North Carolina, county of Mecklenburg, as applicable to contracts enforceable in that state. Venue will be in the state and federal courts of Mecklenburg County, North Carolina, and all objections to jurisdiction and venue in those courts are hereby waived.
Disclosure to Law Enforcement: The AUP specifically prohibits the use of our services for illegal activities. Therefore, You agree that Zubuz may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request, without further consent or notification to the Subscriber. In addition, Zubuz shall have the right to terminate all services associated with this agreement, without prior notice, if the services are used for illegal activities.
Service Rates: You acknowledge that we have communicated to you the nature of the service furnished and the initial rates and charges therefor. You are aware that Zubuz may prospectively change the specified rates and charges from time to time.
Payment: Establishment of the services is dependent upon receipt by Zubuz of payment of stated charges. Subsequent payments are due on the anniversary date associated with Your billing cycle. Accounts and services provided by Zubuz to Subscribers located in North Carolina, and potentially in other states in which Zubuz or its sales affiliates do business, may be subject to tax according to the laws of those states.
Payments and Fees: Payment shall be made by Credit Card or electronic check through the PayPal service or such other service as Zubuz may from time to time designate, or by paper check. Registration with the PayPal service is a condition of using the PayPal system. Paper checks shall be made payable to Zubuz, Inc., P.O. Box 481095, Charlotte, North Carolina 28269-5309. Personal checks, company checks, and money orders are acceptable forms of payment. No third-party checks will be accepted. "Credit card" account checks or other drafts which our bank deems not immediately collected will be accepted or declined based on our bank's guidelines, which are subject to change and are applicable on a case-by-case basis.
Service will be interrupted on accounts that reach 10 days past due. If your service is interrupted, reconnection is subject to a $100 reconnection charge. No access will be given to data stored on our servers without payment of this charge. Delinquent accounts may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150 or the maximum collection fee in your state, whichever is less. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
Refund and Disputes: Payments to Zubuz are nonrefundable unless otherwise provided. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Zubuz's sole discretion, is a valid charge under the provisions of the TOS or the AUP, you agree to pay Zubuz an "Administrative Fee" of not less than $50 and not more than $150.
Failure to Pay: Zubuz may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Account Cancellation: Requests for canceling accounts shall be made by initiating a trouble ticket in Zubuz's Trouble Ticket System (if available), by sending an E-mail to cancel@zubuz.net, or by faxing a cancellation request to 704-943-0667. Subject to verification of the cancellation request, no prior notice is necessary.
You acknowledge that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Zubuz and that damages resulting from any interruption of service are difficult to ascertain. Therefore, You agree that We shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Zubuz. Subscriber further acknowledges that the Zubuz's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by You for services during the period damages occurred. In no event shall Zubuz be liable for any special or consequential damages, loss or injury.
New Domain Accounts: All new webhosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days.
Transfer of Domains: New webhosting accounts which involve the transfer of a domain from another provider to Zubuz will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take.
Support Boundaries: Zubuz provides 24 x 7 technical support to our subscribers. Technical support is limited to Our areas of expertise. Technical support is provided free of charge for issues related to Our servers and Internet connection, such that your Shared Hosting site is physically functioning. Technical support for application-specific areas and items within your control (including problems resulting from your own misuse of the system) is provided at a charge of $45.00 per half-hour of service, with a one-hour minimum. Certain hosting plans may provide for technical support of this nature to be provided at reduced or free rates in exchange for a higher monthly service charge.
We may also provide a Trouble Ticket system for initiating service requests and for communicating with our Technical Support Staff. We may also provide a Knowledge Base of articles covering various frequently asked questions regarding technical issues. Both of these resources, if provided, may be found at http://support.zubuz.net. Registration may be required in order to access certain aspects of the system. You are encouraged to review the Knowledge Base for assistance prior to initiating a trouble ticket.
We provide a support E-mail address, support@zubuz.net, for initiating service requests if a Trouble Ticket system is not available. We also provide an alternative support E-mail address, zubuz@hotmail.com, as a backup to our regular support e-mail. This alternative address SHOULD NOT BE USED unless the regular support e-mail is not functioning.
We does not provide telephone support. Technical support requests directed to the sales lines will be handled to the extent to which such is possible, but without any obligation on Our part to do so. Technical support inquiries directed to the sales lines after Our regular sales hours (Monday thru Friday, 10 a.m. to 6 p.m. Eastern) will result in technical support charges being assessed against your account, even if your service plan specifies free support.
SPAM and Unsolicited Commercial Email (UCE): We take a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Customers of Zubuz may not use or permit others to use our network to transact in UCE. Customers of Zubuz may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service without refund and without notice.
Violation of Zubuz's SPAM policy will result in severe penalties. Upon notification of an alleged violation of Our SPAM policy, We will initiate an immediate investigation (within 48 hours of notification). During the investigation, We may restrict your access to the network to prevent further violations. If you are found to be in violation of Our SPAM policy, Zubuz may, at its sole discretion, restrict, suspend or terminate Your account. Further, Zubuz reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Zubuz will notify law enforcement officials if the violation is believed to be a criminal offense.
Violations of this policy will result in an "Administrative Fee" of $500 and your account will be reviewed for possible immediate termination. PLEASE, DO NOT SPAM from your account.
Network
IP Address Ownership: If Zubuz assigns You an Internet Protocol address for your use, the right to use that Internet Protocol address belongs only to Zubuz and/or to its upstream suppliers, and you shall have no right to use that Internet Protocol address except as permitted by Us in our sole discretion in connection with the Services, during the term of this Agreement. Zubuz shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to you by Zubuz, and Zubuz reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Zubuz's allocation of IP addresses is limited by the policies of the American Registry for Internet Numbers, which allocates IP addresses in the United States. These policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means is that you must justify your use of an IP-based site; without that justification, your site will be solely name-based.
Bandwidth and Disk Usage: You agree that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by you the "Agreed Usage"). We will monitor your bandwidth and disk usage. We shall have the right to take corrective action if your bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement. Which actions may be taken is in our sole and absolute discretion. If Zubuz takes any corrective action under this section, you shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, we may, at our sole discretion, collect a deposit, in an amount determined by us, before service shall be restored.
System and Network Security: You are prohibited from violating or attempting to violate the security of Zubuz's network. Violations of system or network security may result in civil or criminal liability under the Computer Fraud and Abuse Act and/or other statutes. We will investigate occurrences that may involve such violations and we may involve law enforcement authorities in these investigations. If warranted, we may cooperate with law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
- Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
- Taking any action in order to obtain services to which such User is not entitled.
Suspension of Service or Cancellation: We reserves the right to suspend network access to any customer if in the judgment of the Zubuz network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Zubuz chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
Zubuz reserves the right to amend its policies at any time.
Indemnification: Zubuz wishes to emphasize that in agreeing to the Zubuz Acceptable Use Policy (AUP) and Terms of Service (TOS), you agree to indemnify Zubuz for any violation on your part of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Zubuz or the bringing of any claim against Zubuz by any third-party. This means that if Zubuz is sued because of a customer's activity, the customer will pay any damages awarded against Zubuz, plus all costs and attorney's fees.
Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
A waiver by Zubuz of any breach of any provision of this Agreement by you shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
You shall not transfer or assign this Agreement without the prior written consent of Zubuz. Zubuz may assign this Agreement at anytime without consent from or notice to you. Zubuz reserves the right to cancel customers' rights under this contract at the end of any billing cycle without further obligation, and Zubuz is not responsible for any damages your business may suffer as a result of such cancellation.
DISCLAIMER OF WARRANTIES: ZUBUZ DISCLAIMS ALL WARRANTIES REGARDING THE SERVICES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Adult Hosting Policy: The hosting of pornographic content on any Zubuz server without the express written consent of Zubuz is expressly prohibited. Any account found to be hosting pornographic content without permission is subject to immediate termination without notice or refund.
Pirated Software: The use or hosting of pirated software or "Warez" on any Zubuz server is expressly prohibited. The hosting of pirated software on our servers is never permitted, and we do not consent to such hosting. Any account found to be hosting pirated software is subject to immediate termination without notice or refund.
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