The following terms of service and conditions provide the registered member with shared hosting services (Services) offered by Zipa, LLC and outlines policies applicable to these Services. By registering and using our Services, you agree to act in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions outlined below:
1. Membership.
Membership is available to anyone who registers with a legitimate email address.
2. Price and Payment.
As a condition for using our Services, you authorize Zipa to charge all fees that may become due that are incurred by you. All hosting contracts are automatically renewed for another term unless a written notice of cancellation has been given by either party at least one week in advance of the renewal date / anniversary date. If an account has been setup and the initial setup fees are not paid, Zipa has the right to immediately close the account and to refuse service. All cancellation requests must be initiated by an email from the primary contact person on the account who shall provide sufficient identification. Any cancellation request shall be effective upon receipt unless otherwise requested.
3. Guidelines.
Zipa provides you with storage space for your Web Site together with a personal virtual server. You may also have your own domain name mapped to your storage space. You must agree to accept our newsletter as part of our Services. We are not responsible for the content of any personal Web Site, and the views expressed by any of our customers are the responsibility of the posting customer and not Zipa. Zipa does not review Web pages in any way before they appear on a customers Web Site. We reserve the right to modify or remove anything submitted and to cancel membership at anytime. Any site that violates the following guidelines will be immediately removed:
Web pages cannot contain or provide links to:
- Any material that violates or infringes in any way upon the rights of others, including, without limitation, copyright or trademark rights; this includes "WAREZ" (copyrighted software that is distributed illegally), "mp3" files of copyrighted music, copyrighted photographs, text, video or artwork.
- Any material that is threatening, abusive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable; this includes posting other peoples' private information.
- Content that promotes, encourages, or provides instructional information about illegal activities---specifically hacking, cracking, or phreaking.
- Any software, information, or other material that contains a virus, "Trojan Horse", corrupted data, or any other harmful or damaging component;
- Hate propaganda or hate mongering, swearing, or fraudulent material or activity;
- Using in the registration an email account that is or becomes inactive or that is not your own email account.
We may terminate your Services and any and all information, communications, postings, or Web pages at any time, without notice, for conduct that violates this Agreement or other policies or guidelines established by Zipa. We may terminate your Services and delete any and all information, communications, postings, or Web pages for online conduct that Zipa believes is harmful to others, the business of Zipa, or other third-party information providers.
Zipa provides space for your Web pages but makes no implied or express warranties about the reliability of these pages. Zipa is not responsible for any damage caused by loss of access to, or deletion or alteration of your Web pages. You are solely responsible for monitoring and creating backups of your pages.
If Zipa becomes aware of the presence of copyright infringing material on its server either in the course of its ordinary and reasonable business activities, or through notification by a third party who alerts us of the specific location of the alleged presence of such materials, Zipa will:
a. Contact the party responsible for the page and alert him or her of the allegations of copyright infringement and notify the person that within five (5) days, he or she must respond as to why the allegedly infringing material does not infringe the purported copyright. Zipa will also alert the alleged offending party that absent such a response, Zipa reserves the right to delete the page/site; and
b. If the party fails to respond within five (5) days, Zipa will make a decision whether to remove the page/site. If the alerted party responds to the allegations and claims the page is not infringing, we will either forward the response to the third party alleging the infringement, or in the case that Zipa has discovered the infringement, make a decision whether to remove the page. If in its sole discretion, Zipa concludes that your home page contains a particularly flagrant copyright violation, we reserve the right to delete the offending home page at any time.
4. Online Conduct.
You agree not to include any electronic mail or posting that contains any of the following:
a) Material that defames abuses or threatens others;
b) Statements that are bigoted, hateful or racially offensive;
c) Material that advocates illegal activity;
d) Material that contains obscene content;
e) Network abuses, including but not limited to mail abuse (mass mailing unsolicited email).
5. Privacy.
All information provided by you is strictly confidential. Zipa reserves the right to distribute aggregated demographic information provided by you, but we will never release the name or other personal information about you without your permission. However, Zipa reserves the right to release current or past member information in the event:
a. We believe that your use of our Services is being or has been used in violation of the Terms of Service;
b. You have committed unlawful acts;
c. The information is subpoenaed; or
d. Zipa deems it necessary or appropriate.
6. Limitation of Liability.
You agree that the use of our Services is entirely at your own risk. Our Services are provided on an "as is" basis without warranties of any kind, either expressed or implied, constructive, or statutory, including, without limitation, any implied warranties of merchantability, non-infringement or fitness for a particular purpose.
Zipa is not responsible for the delivery or quality of any goods or services sold or advertised through or on your page(s).
Zipa makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of our Services. In no event will Zipa be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use our Services or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; communication-line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of, or use of any record.
7. Indemnity.
You agree to indemnify and hold Zipa harmless from any loss, liability, claims, damages and expenses, including attorneys fees, arising from or related to the content, use, or deletion of your pages or use of any other feature or service. This expressly includes:
(i) Your responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights, and
(ii) Any defamatory or unlawful material contained within your Web pages or postings.
8. Maintenance.
Zipa will perform maintenance services as Zipa determines reasonably necessary to maintain the continuous operation of the hosting account. You acknowledge that such maintenance may require Web server and hosting account downtime. We will attempt to provide prior notice of the maintenance downtime, except when circumstances beyond our control limit our ability to do so.
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