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Acceptable Use Policy (AUP)
For
continued use of QZIP.net's services, acceptance of these
policies is required. Your continued use of QZIP.net's services
constitutes your agreement to comply with this Acceptable Use
Policy ("AUP"). QZIP.net may terminate your Internet account if
you fail to comply with the AUP. If you do not agree to be bound
by the AUP and its supplements, you should immediately end your
use of QZIP.net's services, remove any QZIP.net software from
your system and notify the Billing department so that we may
close your account.
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
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Users must
obey the law. You agree to use Qzip.net's services only for
lawful purposes, in compliance with all applicable laws.
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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.
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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.
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Unlimited
Dial-up. You may manually dial into our access numbers as many
times as you wish for as long as you like.
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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:
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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.
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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.
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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.
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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.
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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.
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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.
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Unauthorized attempts by a user to gain access to any account
or computer resource not belonging to that user (e.g.,
"cracking").
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Obtaining or attempting to obtain service by any means or
device with intent to avoid payment.
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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.
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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.
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Using
Qzip.net, Inc.'s Services to interfere with the use of the
Qzip.net, Inc. network by other customers or authorized users.
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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.
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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.
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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.
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Providing network services from dial-up accounts including,
but not limited to, mail, http, IRC servers and multi-user
interactive forums.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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We
cooperate with legal investigations. Qzip.net will fully
cooperate with any government or legal investigation regarding
any aspect of your account.
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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
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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.
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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
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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.
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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.
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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
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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.
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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.
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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.
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Broadband
connections are always on and not subject to Time or Login
Restrictions.
For Billing and Invoicing
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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.
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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.
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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.
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Credit
cards charged on anniversary date. For credit card paying
customers, we will charge on the Anniversary date.
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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.
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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.
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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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