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In this AUP, "you,"
"your," "yours," "User," and "account holder" refer to you, our
customer. "We," "ours," "our," "us," "its," and "Qzip.net" refer to
Qzip.net, Inc.
To contact Qzip.net,
click here.
Questions about this AUP?
Specific questions about this AUP should be directed to
admin@qzip.net
Use your primary Qzip.net email account. You are reminded that all
communications with Qzip.net, including important messages
concerning billing, system updates and company information will
occur via your primary Qzip.net email address. You should therefore
configure your email software to access your primary Qzip.net email
address, even if you are otherwise aliasing your email through a
different domain name. If you need help with configuring your email
program to access your primary email account, contact our
Technical Support
staff.
Qzip.net does not waive its rights in
this AUP. Any failure by Qzip.net to exercise its rights and
remedies as described in this AUP does not constitute a waiver by
Qzip.net of its rights and remedies at any future time or to
exercise the same at the occurrence of any future violation or
ongoing investigation of a violation.
Use
of Qzip.net's services limited by applicable laws and regulations
These statements represent a guide to
the acceptable use of Qzip.net's facilities and services. Qzip.net
recognizes as acceptable all forms of data communications across its
network, except where Federally subsidized facilities of transport
(such as national backbones) may require limitations, or where
State/Federal/International Law prohibits. In those cases, use of
the network should adhere to the general principle of advancing
science and education through interchange of information among
research and educational institutions except where specific policy
statement exist.
In cases where data communications
are addressed to recipients outside of the Qzip.net supplied Network
and are carried over the regional networks or the Internet, Qzip.net
users are advised that acceptable use polices of those other
networks apply and may, in fact, limit use. If Qzip.net is informed
by Federal/State/International authorities of inappropriate or
illegal use of Qzip.net's facilities and/or other networks these
determinations will be binding on the Customer.
Acceptable Use Policy
- Users must obey the law.
You agree to use Qzip.net's services only for lawful purposes, in
compliance with all applicable laws.
- Qzip.net may investigate
suspected violations and cancel the accounts of violators.
Qzip.net reserves the right to conduct investigations of suspected
violations of the AUP. Such investigations may involve gathering
information from the account holder(s) involved (including
information from their email account or any other means used by
the account holder for Internet communication), information from
the complaining party, as well as examination of material on
Qzip.net servers. If Qzip.net believes, in its sole and absolute
discretion, that a violation of these guidelines has occurred, it
may take actions which may include without limitation temporary or
permanent removal of material uploaded by the account holder to
Qzip.net's servers, the cancellation of newsgroup posts, warnings
to the account holder or holders responsible, and the suspension
or termination of Internet-related services, including access and
e-mail, to the account holder(s) responsible. Qzip.net, in its
sole and absolute discretion, will determine what action or
actions will be taken. Violations of these guidelines could also
subject the account holder(s) to criminal or civil liability, and
Qzip.net reserves the right to initiate, prosecute or file such
legal actions where it deems appropriate. If an
account is suspended or terminated for violation of this
agreement the account holder(s) involved will still be held
responsible for any early termination penalties as agreed to in
their contract.
- Customer Responsibility for
Customer's Users.
Each Qzip.net, Inc. customer is responsible for the activities
of its users and, by accepting service from Qzip.net, Inc., is
agreeing to ensure that its customers/representatives or
end-users abide by this Policy. Complaints about
customers/representatives or end-users of an Qzip.net, Inc.
customer will be forwarded to the Qzip.net, Inc. customer's
postmaster for action. If violations of the Qzip.net, Inc.
Acceptable Use Policy occur, Qzip.net, Inc. reserves the right
to terminate services with or take action to stop the offending
customer from violating Qzip.net, Inc.'s AUP as Qzip.net, Inc.
deems appropriate, without notice.
- Unlimited Dial-up. You may manually dial into our access numbers
as many times as you wish for as long as you like.
- System abuse (as defined here)
will not be tolerated. System abuse is defined as any use of
Qzip.net resources which disrupts the normal use of the system or
the Internet services of others. Examples of abuse include, but
are not limited to:
- Transmission, distribution
or storage of any material in violation of any applicable
law or regulation is prohibited. This includes, without
limitation, material protected by copyright, trademark,
trade secret or other intellectual property right used
without proper authorization, and material that is obscene,
defamatory, constitutes an illegal threat, or violates
export control laws.
- Sending Unsolicited Bulk
Email ("UBE", "spam"). The sending of any form of
Unsolicited Bulk Email through Qzip.net, Inc.'s servers is
prohibited. Likewise, the sending of UBE from another
service provider advertising a web site, email address or
utilizing any resource hosted on Qzip.net, Inc.'s servers,
is prohibited. Qzip.net, Inc. accounts or services may not
be used to solicit customers from, or collect replies to,
messages sent from another Internet Service Provider where
those messages violate this Policy or that of the other
provider.
- Running Unconfirmed Mailing
Lists. Subscribing email addresses to any mailing list
without the express and verifiable permission of the email
address owner is prohibited. All mailing lists run by
Qzip.net, Inc. customers must be Closed-loop ("Confirmed
Opt-in"). The subscription confirmation message received
from each address owner must be kept on file for the
duration of the existence of the mailing list. Purchasing
lists of email addresses from 3rd parties for mailing to
from any Qzip.net, Inc.-hosted domain, or referencing any
Qzip.net, Inc. account, is prohibited.
- Advertising, transmitting,
or otherwise making available any software, program,
product, or service that is designed to violate this AUP or
the AUP of any other Internet Service Provider, which
includes, but is not limited to, the facilitation of the
means to send Unsolicited Bulk Email, initiation of pinging,
flooding, mail-bombing, denial of service attacks.
- Peer to Peer Software (File
Sharing): The use of Peer to Peer or file sharing software
to permit the sharing, copying or distribution of
unauthorized copyrighted material over the Qzip.net network
is prohibited. Use of such software could result in
suspension of service.
- Operating an account on
behalf of, or in connection with, or reselling any service
to, persons or firms listed in the Spamhaus Register of
Known Spam Operations (ROKSO) database at
www.spamhaus.org.
- Unauthorized attempts by a
user to gain access to any account or computer resource not
belonging to that user (e.g., "cracking").
- Obtaining or attempting to
obtain service by any means or device with intent to avoid
payment.
- Unauthorized access,
alteration, destruction, or any attempt thereof, of any
information of any Qzip.net, Inc. customers or end-users by
any means or device.
- Knowingly engage in any
activities designed to harass, or that will cause a
denial-of-service (e.g., synchronized number sequence
attacks) to any other user whether on the Qzip.net, Inc.
network or on another provider's network.
- Using Qzip.net, Inc.'s
Services to interfere with the use of the Qzip.net, Inc.
network by other customers or authorized users.
- Posting or transmitting any
unlawful, threatening, abusive, libelous, defamatory, obscene,
offensive, indecent, pornographic, profane, or otherwise
objectionable information of any kind, including without
limitation any transmissions constituting or encouraging conduct
that would constitute a criminal offense, give rise to civil
liability, or otherwise violate any, local, state, federal or
international law, including without limitation the U.S. export
control laws and regulations, and laws protecting intellectual
property including copyright, trademark, trade secret,
misappropriation and anti-dilution laws.
- Storing, distributing or
transmitting any unlawful material on Qzip.net servers of
unlawful material including but not limited to direct threats of
personal harm, child pornography, and copyrighted, trademarked,
trade secret and other proprietary material used without proper
authorization. Account holder(s) may not post, upload or
otherwise distribute copyrighted material on Qzip.net's servers
without the consent of the copyright holder. Failure to abide by
these guidelines may subject the account holder to criminal as
well as civil liability in addition to actions outlined in Use
of Services Guidelines above.
- Using Qzip.net services and
servers to store or distribute programs containing viruses,
Trojans and tools to damage or compromise the security of other
sites.
- Providing network services from
dial-up accounts including, but not limited to, mail, http, IRC
servers and multi-user interactive forums.
- Hosting of Adult-Oriented sites,
designed for entertainment or commercial purposes, are not
allowed on Qzip.net's servers. Forbidden sites include those
that provide access to pornographic materials, whether for free
or for payment, regardless of whether adult verification is used
or not. Banners or links to adult oriented sites are not allowed
on Qzip.net's servers. IF ANY of the above mentioned are found
on your website, you agree to have Qzip.net terminate your
account(s) without notice.
- Interfering with the proper
operation of Qzip.net's systems, including but not limited to,
defeating identification/authentication procedures, obtaining
access beyond that for which you are authorized, and impairing
the availability, reliability, or quality of service of other
customers.
Passwords and
Identification
- Only one login at a time - no
simultaneous usage, no sharing of passwords. Qzip.net dial-up
accounts are for individual use only. The account holders(s) may
not share passwords or accounts with other individuals. Account
holder(s) of Business accounts, or of accounts that expressly
permit multiple users, and pay the enhanced rates for these
services, may share passwords and access with individuals
associated with the account. Please note that sharing an account
password and username (login ID) does not allow for concurrent
connections to our servers. Users may not login using the same
account for more than one online session at a time.
- Protect your password. Each
Qzip.net Internet account holder is responsible for the security
of his or her password. It is suggested that passwords be at least
6 characters long and contain letters of mixed case and numbers
and can not be found in whole or in part, in normal or reverse
order, in any dictionary of words in any language.
- We may change your password if
security appears compromised to us. Qzip.net staff may monitor
the security of your password at any time and may opt to change
your password at our discretion if we deem such actions are
necessary to maintain the integrity of our network.
- Password compromised? Contact
us ASAP! You agree that if you feel that your password has
been compromised in any way, you will notify Qzip.net immediately
by
contacting us.
- Accounts suspended for apparent
security violations. If any security violations are believed
to have occurred in connection with your account, Qzip.net has the
right to suspend your Internet access pending an investigation and
resolution.
- We cooperate with legal
investigations. Qzip.net will fully cooperate with any
government or legal investigation regarding any aspect of your
account.
- You agree to provide us with
valid ID and address information when you sign up with us. You
agree that you are the person legally responsible for the use of
the account, are at least 18 years of age, to supply us with your
current and truthful name, postal address and telephone number for
our records, and you agree that you have a continued obligation to
keep this information current. You also agree that you are an
authorized user of any credit card that you supply to us and agree
that we have the right and obligation to fully investigate any
possible fraudulent credit card use by you or anyone using your
credit card to pay for our services.
Systems Resources
- System access and resources
will be allocated to provide the best service. Qzip.net will
allocate resources to provide all account holders with the best
service possible. Qzip.net may limit, restrict or prioritize
access to system resources, including CPU time, memory, disk
space, session length, and number of sessions. In addition,
Qzip.net may charge additional fees for account holders who are
interested in accessing system resources beyond the time
limitations previously described in this AUP.
- System abuse is logged.
Qzip.net may log instances of abuse of system resources and take
appropriate actions as outlined in Use of Service guidelines.
Backup of Data
- BACK UP your web pages and
other data on your own media. Use Qzip.net's services at your
own risk. Qzip.net is not responsible for the files residing on
your account, or for files you have uploaded to Qzip.net's
servers. You agree to take full responsibility for files and data
transferred and to maintain all appropriate backup files and data
stored on Qzip.net's servers.
- Qzip.net does not back up your
data for you. Although Qzip.net does make backups of files on
our servers, such backups do not constitute the acceptance of any
duty on our part to protect or back up any data uploaded to our
servers by you. You should always have and maintain backups of
your data, whether it be web pages, picture files, program files
or other data, on your own local PC or by any other means of media
backup available to you.
- Any access to any programs that
reside on our servers is to be used at your own risk. Allowing
access to our programs do not constitute the acceptance of any
duty on our part to protect or back up those programs.
Time & Login
Restrictions
- We reserve the right to perform
a disconnect if your connection is idle for more than 2 Hours.
If a dial-up line connection is idle for more than 2 Hours,
we may disconnect that line without notice. You can reconnect as
many times as you like.
- We reserve the right to perform
a disconnect after 24 hours' continuous use. If a dial-up line
connection is active for more than 24 hours, we may disconnect that
line without notice. If there is a need to connect for more than
24 hours, we recommend taking a break before resuming connection.
- Only one login per account at
any given time. As mentioned earlier, each login account
entitles the account holder to only one connection to our
network at any given time unless your account is one that allows
multiple connections.
- Broadband connections are always on and not subject
to Time or Login Restrictions.
For Billing and
Invoicing
- We bill according to
anniversary or "start" date. We will start billing our
customers on their registration date, also known as the
Anniversary date. However, under some circumstances, we may
adjust the billing date.
- We deactivate unpaid accounts.
For check-paying customers, we will mail an invoice a minimum
of 15 days before the due date. If the bill is 5 days past the due
date, the account may be deactivated without further notice and
a reactivation fee of $5.00 will be imposed to the account. In
this case, monthly charges still apply to any usage after the due
date and before termination. If the subscriber calls us and
requests for his account to be reactivated, we can reactivate at
Qzip.net's discretion but will require payment to be received
within 15 days of the anniversary date. We may not reactivate
the account if it is 15 days past due unless we receive payment in
full.
- To reactivate a suspended
account, use credit card or sign up for multiple months. For
reactivated accounts, we will only accept payments through credit
cards or by our 3 or 12 month contracts.
- Credit cards charged on
anniversary date. For credit card paying customers, we will
charge on the Anniversary date.
- Refunds for full unused months
only after non-discounted used months are deducted. Refunds or
prorated refunds are applicable only to unused full months. A
deduction for the non-discounted price of used or partially
used months will be deducted from your total payment to Qzip.net
prior to making your refund. Partial months will not be refunded.
Setup fees, if any were charged, will not be refunded.
- You must check your primary
Qzip.net email account. We will communicate with our customers
through email. We therefore require our users to expect all
important correspondence with Qzip.net to be through your Qzip.net
e-mail account.
- There is a $25.00 charge for
insufficient funds on returned checks. Collections will be
made by Qzip.net or an agent of Qzip.net.
Canceling the
Account
There are 2 ways to
cancel your account.
The first way is to call us at (713) 681-9861. Ask for the Billing department.
The second is to email us a request
at billing@qzip.net.
In any communication to us (by mail,
email or otherwise) please give us your username, password, and
personal information you gave us when you originally signed up the
account Also, please note whether you prefer that the account be
terminated immediately, at end of your billing period, or at a
specific date. Please check back with us in a few days to make sure
your account has been canceled.
Regulatory
Compliance and Reimbursement Fee
All accounts and services provided by
Qzip.net are subject to a "Regulatory Compliance and Reimbursement
Fee" of currently 8.25%. This fee is subject to change at our
discretion and is not a tax and not accessed by or remitted to any
governmental body. The fee is designed to defray and re-coop taxes,
FCC approved customer line charges, and non-governmental fees,
miscellaneous charges, and telecom charges assessed by our telecom
providers. The fee is in place to re-coop and defray our internal
costs and resources spent monitoring and complying with the
regulations and policies of our customers and the Internet community
(SPAM and abuse complaints); and to defray and re-coop the costs
resulting from our compliance with regulatory burdens, including,
but not limited to, investigation and research at the request of
governmental bodies such as the FBI and responding to requests and
subpoenas from such agencies.
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