Any service provided by Zopfware may only be used to lawful purposes. Storage, transmission or presentation of any data or information that violates any law is prohibited. Copyright material and material that is obscene or protected by trade secret or invasion of privacy is also prohibited.

The subscriber agrees to indemnify and hold harmless Zopfware from any claims resulting from the use of the service which damages the subscriber or any other party.

Sites with sex related data or pornographic content of any a kind is prohibited. This includes links to content of this kind elsewhere. It is at the decision of Zopfware what acceptable content is. Sites that promote illegal activity or sites that contain content that may be damaging to Zopfware servers or any other server on the internet is prohibited, this also includes links.

Unacceptable content includes pirated software, hacker programs and warez sites.

No sort of commercial advertising through email is permitted – Using the Zopfware servers to send such emails is not allowed. This includes spamming or sending of unsolicited email.

Zopfware do not allow activity that infringes or misappropriates in the intellectual property rights of others. This includes copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities, activity that violates privacy, publicity, or other personal rights of others. Zopfware is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Zopfware’s policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Zopfware do not allow any attempts to undermine or cause harm to any of the servers or any other customer. Any such programs that consume excessive CPU time or allow use of mail services, mail forwarding capabilities or auto responders other than for customer's own account are not permitted. The resale of disk space without reseller agreement or using the Zopfware servers to backup material that is unrelated to the content of your website is prohibited. We do not allow the operation of IRC servers or IRC bots on Zopfware servers.

Zopfware will not be held responsible for any loss of data held on our servers to anyone's website. Zopfware will always try to restore your lost data, however this doesn't always work as the data may be corrupted. In such an instance, Zopfware will not be held responsible. The Zopfware servers are set to backup all web files and emails to another server once a week. Customers of Zopfware are encouraged to keep a back up of their website.

In order to cancel your service you need to send written confirmation in an email to Zopfware. If a cancellation is made within the first 30 days you will be entitled to a full refund, however this does not include domain name registration fees or any additional requirements for the service.

After the first 30 days, 7 days notice is required, there is no cancellation fee. We will not refund customers that have violated any of the Zopfware policies.

Zopfware retains the right to suspend or deactivate your account at any time and this may result in the forfeiture of any fees paid. Any complaints received regarding the abuse of an account will be in the grounds of suspension.

Zopfware reserve the right to refuse, cancel or suspend any service provided at our sole discretion. Any sub-network distributive hosting sites and dedicated servers of Zopfware must adhere to all of our policies. Zopfware will not under any circumstances be responsible for consequential damages.

C2. Terms of Service
Introduction
This document explains the Acceptable Use Policy for use of services provided by Zopfware Ltd. (hereinafter known as Zopfware) by the client/user (hereinafter known as Customer). This document supersedes all forms of this document previously published by Zopfware. This document is maintained and published on-line on the Zopfware home page at http://www.Zopfware.com/terms.php
All Customers of Zopfware are required to be familiar with this policy. This document shall be sent via e-mail to each new Customer and upon receipt, the Customer shall become responsible for its contents. Use of Zopfware services in any form constitutes acceptance of this Acceptable Use Policy and agreement to adhere to it.
This Acceptable Use Policy may be known herein after as policy, Terms Of Service, TOS, AUP or Acceptable Use Policy.

Account and Policy Term
1. The effective date of these Terms and Conditions and the Acceptable Use Policy is the date of acceptance by the Customer of services from Zopfware, and they shall remain in effect until Customer terminates his/her account or Zopfware cancels Customer's account.
Zopfware reserves the right to change the terms and conditions of use or it’s Acceptable Use Policy at any time. Notification of changes will be announced via email. If customer does not agree to changes, Customer may cancel services by giving Zopfware proper written notice as directed herein.

Termination for Cause
2. Zopfware may terminate an account at any time for any violation of this Acceptable Use Policy or for failure to pay bills for service. Such termination generally means that all files are deleted and all services, including mail forwarding are rescinded. Customer will not receive a refund for any prepaid services. All losses and expenses suffered by Customer as a result of such termination will be Customer's to bear alone, and Zopfware will have no liability whatsoever.

Provision of Services
3. Zopfware will provide services on its host computing systems to customers in exchange for payment of fees and compliance with these Terms and Conditions and the Acceptable Use Policy. Zopfware services are defined as the use by Customer of computing, telecommunications, software, and information services provided by Zopfware. These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the worldwide computer network known as the Internet.

Consultation Charges
4. Zopfware welcomes requests from Customers concerning their problems and will do as much as possible to help resolve them. When assistance provided by Zopfware is beyond services offered to all customers by Zopfware as part of its basic services such as assistance with Customer systems configuration beyond the initial set-up, the Customer will be charged a standard consulting rate.

Security of Accounts
5. Zopfware accounts are for individual Customers. Customer therefore agrees not to share the password of the account with others. Customer agrees to maintain a secure password to the account and is responsible for any use of his/her account. Customer agrees not to use any Zopfware services to obtain the passwords of other customers on Zopfware or other systems. Customer agrees not to use Zopfware services to make unauthorized attempts to access any systems and networks.

Use of Internet Services
6. Customer agrees not to use Zopfware services to violate copyright or other intellectual property rights. For example, Customer may not upload or download commercial software in violation of software license agreements. Customer agrees to use the services provided by Zopfware as permitted by applicable local, state, and federal laws. Customer agrees, therefore, not to use these services to conduct any business or activity that is prohibited by law.

Specific Acceptable Use Policies
7. Zopfware believes that the First Amendment rights of free speech, freedom of the press, and freedom of association apply to the Internet to the same degree as they do to print media. Zopfware has no intention of infringing upon those rights. In fact we encourage using your own creativity and self expression within the limits of the law.

Unauthorized Use of Accounts or Computers
8. Zopfware will react strongly to any unauthorized use or attempted unauthorized use of an Internet account or computer without the owner's authorization. Whether or not the attacked account or computer belongs to Zopfware, such attempts include but are not limited to "social engineering" (tricking other people into releasing their passwords), password cracking, security hole scanning, and denial of service attacks.
Possible actions including warnings, account suspension or cancellation, and legal action, according to the seriousness of the attack.

E-mail Privacy
9. Electronic mail passes through multiple mail servers from source to destination on the Internet. One can never be guaranteed privacy from every possible mail server; therefore, customers seeking total privacy should use some encryption scheme, such as PGP to render their messages unreadable by eavesdroppers.
With regards to Zopfware mail servers, Zopfware places a high value on privacy, and will normally only examine Customers' mail to troubleshoot E-mail delivery problems, protect system security, or to comply with a lawful warrant or court-order.
Zopfware will not divulge Customer account information, except at the direction of a lawfully served warrant(s).

Commercial Advertisements
10. Commercial advertising is an accepted and welcome use of the Internet. However, there is appropriate and inappropriate Internet advertising. ISP's that don't abide by this Internet standard may be denied access to newsgroups and in some cases to the Internet entirely.
Commercial advertisements are unwelcome in most Usenet discussion groups and on most E-mail mailing lists. Inappropriate postings may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. Unsolicited commercial advertisements sent out via E-mail or to many off-topic newsgroups are not allowed. Generally ads should be placed in the ".biz" newsgroup hierarchy.
Sending a message, such as unsolicited e-mail, especially an un-requested advertisement, to multiple recipients is by itself "spamming", unauthorized use of E-mail, unless the individuals have specifically requested to be added to a mailing list on that topic. Any mail or complaints or abuse will result in suspension of the account for 5 days until proof is shown that mailing has stopped. No mass mailing to, from or involving Dot5Hositng will be tolerated, period.

Make Money Fast
11. Any mailing or posting of "Make Money Fast" (MMF) or "Fast Cash" or pyramid schemes or chain letters of any sort will result in quick account termination. Pyramid schemes are illegal no matter how the message is presented. Pyramid schemes are NOT permitted.

Spoofing E-mail and News posts
12. All Customer E-mail and news posts shall have the Customer's valid account name in the header. You may use another existing Zopfware or non- Zopfware E-mail address in the "reply to" field as long as it is clear that the post came from your Zopfware account. Use of standard “anonymous re-mailers” is allowed for private (noncommercial) E-mail and posting.

Illegal Material (Copyright)
13. Zopfware assumes no legal liabilities relating to Customer's use of Zopfware computer network and equipment. However, Zopfware requires that its customers not use Zopfware network for illegal purposes. In any legal matters that result from a Customers action, Zopfware is under no obligation to defend itself rather than settle. Any losses suffered by Zopfware to settle or defend legal action, and all civil or criminal penalties inflicted on Zopfware as a result of any Customers act are payable by the customer. Customer shall have no defense against prompt and full repayment to Zopfware. When presented with a search warrant, Zopfware is obligated to release appropriate information requested, and will cooperate with the authorities in any criminal investigation.
While Zopfware recognizes that the legal status of the Internet has not yet been fully resolved, Zopfware considers certain actions illegal and therefore not allowed on its network, for example; unauthorized distribution of copyrighted material; exploitation of minors; and unauthorized use of computer resources.
Zopfware makes no representations concerning any attempt to review the content of sites hosted on its servers, and so Zopfware is not responsible for the accuracy, copyright compliance, legality or decency of material contained in sites hosted on its servers.

Harassment
14. Harassment or abusive use of E-mail and other Internet services is a serious misuse of Internet resources. Zopfware will handle incidents of harassment on a case-by-case basis, consulting with the parties involved. If you wish to report harassment, or abuse of services, please email abuse@Zopfware.com and the abuse dept will get back to you as soon as possible.

Inappropriate use of Web Service
15. Zopfware provides space for commercial web pages with some services. Zopfware maintains no responsibility for the content of such pages. Zopfware will handle complaints about inappropriate web pages on a case-by-case basis. Examples of inappropriate information include downloadable virus code, bulk E-mail lists, illicit advertising, and web-based services that allow members of the public to send E-mail or post news anonymously.

Zopfware IRC rules
16. IRC client software is not allowed to be run through a shell account on any servers owned by Zopfware. IRC client software must be run from the users own computer.
Bots (automated IRC programs) run against any programs, community talk programs, video, audio or text servers, even if they are run from your own machine, are not allowed via a Zopfware connection.
If Zopfware receives a complaint, Zopfware will investigate the abuse and, if a violation has occurred, may put the account on hold or remove the abusers account. Full payment for the entire contract term will still be due, even with no further services provided.
Customer agrees to abide by Zopfware interpretation of the above. If Customer needs help interpreting or applying these rules, Customer should ask Zopfware support staff for assistance.

Abuse of ZopfwareServices
17. Any use of Zopfware system resources that disrupts the normal operation of the system or the use by other Zopfware customers is considered to be abuse of system resources and is grounds for administrative intervention. Use of Zopfware computers or Internet connection to send ping or other packets in an attempt to deny service to another user is considered abuse. Depending on the nature and the severity of the abuse, the customer may receive an E-mail warning, have his processes halted, or have his account suspended. If the misuse is unintentional or has under other mitigating circumstances, the suspension may be rescinded but may require a reconnection charge. Customers who believe their activity has been inappropriately handled may appeal to Zopfware Management.

Reporting Abuse
18. Please see abuse@Zopfware.com for information on the abuse reporting policies of Zopfware.

Warranties
19. Zopfware makes no warranties of any kind, whether expressed or implied, for its services. Zopfware specifically disclaims any implied warranties of merchantability or fitness for any particular purpose. Zopfware will not be held responsible for any losses or damages resulting from delays, non-deliveries, mis-deliveries, service interruption, or Customer's or Zopfware errors or omissions. Zopfware will not under any circumstances be responsible for consequential damages.
Zopfware reserves the right to suspend or terminate accounts for any reason, if, in Zopfwares’ opinion, the Customer is disrupting or threatening the operation of this site and/or the Internet or its components. In the context of this AUP, using other sites or servers to abuse the net via Zopfware access is regarded the same as using Zopfware site.

Applicability
20. These rules cannot be superseded by any verbal agreements of Zopfware employees or customers. Any agreement modification or special changes to this AUP must be in writing and signed by an officer of the Zopfware Company.

Jurisdiction
21. The laws of Texas shall govern the validity, construction and performance of this AUP and Customers agreement to abide by this AUP.

Severability
22. If any provision of this policy is held by a court to be contrary to law, the remaining provisions will remain in full force and effect.

Please Note:
For customers who are unable to follow these rules, we will have no choice but to suspend your account without warning and contact your local authorities. We are always willing to cooperate with officials and have a right to defend our position. If you feel as though you will be unable to abide by our rules, please use your search engine to find another website host.

© Copyright 2004
Zopfware
For Questions or Comments, email support@Zopfware.com

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