AUP ( Acceptable Use Policy )
[Also known as our "Terms of Service" (TOS)]
(last revised 07/01/2008 8:57 P.M. Central Standard Time)

Payments for additional items and services, domain name registration, dedicated servers, items and services ordered through the reseller program, domain parking plus, and overage fees are non-refundable.

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Zeniors may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your Zeniors account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.

Our packages are for WEBSITE hosting and not for any other purpose. Your account can not be used as a download library.

This document is intended to provide a basic understanding of Zeniors' Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Zenior's AUP:

·          Ensure reliable service to our customers

·          Ensure security and privacy of our systems and network, as well as the networks  and systems of others

·          Comply with existing laws

·          Maintain our reputation as a responsible service provider

·          Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services

·          Preserve the value of Internet resources as a conduit for free expression and exchange of information

·          Preserve the privacy and security of individual users

Zeniors intends to provide its customers access to everything the Internet has to offer. While Zeniors is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both Zeniors and the Internet and cannot be permitted under the guise of free speech. The resources of Zeniors and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.

You may not use your virtual site to publish material, which Zeniors determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

If a Zeniors account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at support@zeniors.com.

VIOLATIONS OF Zeniors ACCEPTABLE USE POLICY
The following constitute violations of this AUP:

Illegal use: Zeniors' services may not be used for illegal purposes, or in support of illegal activities. Zeniors reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

Harm to minors: Use of Zeniors' service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.

Threats: Use of Zeniors service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

Harassment: Use of the Zeniors service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

Fraudulent activity: Use of Zeniors service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."

Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying infrmation is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Zeniors account.

IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or services on our server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.

E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending Zeniors account.

E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through our service is in violation of this AUP.

Usenet SPAMing: Zeniors has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

Unauthorized access: Use of the Zeniors service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Zeniors or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Zeniors account is subject to immediate termination.

Copyright or trademark infringement: Use of the Zeniors service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

Collection of personal data: Use of Zeniors' service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

Network disruptions and unfriendly activity: Use of Zeniors service for any activity which affects the ability of other people or systems to use Zeniors Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. Zeniors' will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

System Resources: Any one site or reseller account found to be utilizing in excess of 10% of the system resources at any given shall be suspended.  We reserve the right to terminate such account if we see fit.

Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.

Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Zeniors services could result in suspension service. 

Downloads: In order to maximize uptime on our servers, downloads of any kind (media, backups, warez, etc.)  are forbidden. 

Third Party Accountability: Zeniors subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.

Violation Of Zeniors Virtual Accounts: It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.

IRC networks: It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers found to be connecting to or part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the irc server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation will result in immediate account termination.

Security

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a client, friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

·          Your password provides access to your account. It is your responsibility to keep your password secure.

·          Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.

·          Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.

·          You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

·          You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

·          You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to Overload a service, and attempts to "crash" a host.

·          Users who violate systems or network security may incur criminal or civil liability. Zeniors will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Network Performance

Zeniors' virtual site and reseller accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer (eg. in excess of 10% CPU or memory usage) may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of Zeniors' systems or networks. Zeniors reserves the right to terminate or limit such activities

REPORTING VIOLATIONS OF Zeniors' AUP

Zeniors requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at support@zeniors.com.

If available, please provide the following information:

·          The IP address used to commit the alleged violation

·          The date and time of the alleged violation, including the time zone or offset from GMT

·          Evidence of the alleged violation

E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. Zeniors may take any one or more of the following actions in response to complaints:

·          Issue written or verbal warnings

·          Suspend the Member's newsgroup posting privileges

·          Suspend the Member's account

·          Terminate the Member's account

·          Bill the Member for administrative costs and/or reactivation charges

·          Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations

Backups

In order to allow us to provide the best service to you, Zeniors accounts are backed up daily and weekly. However, these backups are intended for Zeniors administrative purposes only, to allow us to provide excellent service to our customers. As part of its commitment to first-rate customer service, Zeniors always seeks to create complete and accurate backups of customer accounts.

Even the best and most complete and redundant backup systems can and do fail for a variety of reasons, despite the best efforts of the Web hosting service. THEREFORE, ZENIORS DOES NOT GUARANTEE THE AVAILABILITY, COMPLETENESS, CURRENCY, OR INTEGRITY OF THESE BACKUPS OR THE DATA THEY CONTAIN. Consequently, you must not rely upon the availability, completeness, currency, or integrity of these backups.

Customers are responsible for maintaining their own backups on their own personal computers or other computers.

Zeniors does not provide any sort of compensation for lost, inaccurate, incomplete, or outdated data in the event that Zeniors backups do not function properly, regardless of the reason(s) for any such malfunction, even if the malfunction was due to the fault or negligence of Zeniors or any of its employees or agents, and regardless of whether Zeniors had been informed of the possibility of such malfunction, or any fault or negligence that might cause it.

In the event that you need to recover data from a backup, Zeniors will use reasonable efforts to restore data to your account from the appropriate backup. HOWEVER, PLEASE NOTE THAT THIS SERVICE IS INTENDED TO COMPLEMENT YOUR OWN BACKUPS TO YOUR OWN COMPUTER, AND IS NOT A SUBSTITUTE FOR THOSE BACKUPS. AGAIN, ZENIORS DOES NOT GUARANTEE THE AVAILABILITY, COMPLETENESS, CURRENCY, OR INTEGRITY OF ITS BACKUPS.

You understand and agree that Zeniors' backup policy does not create any warranties for whose breach Zeniors can be held liable.

Customer agrees to defend, indemnify, and hold harmless Zeniors, and the parents, subsidiaries, successors, assigns, employees and agents of Zeniors against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) to which an indemnified party may become subject and which Losses arise out of, or relate to this Agreement or Customer’s use of the Services, and to reimburse an indemnified party for all legal and other expenses, including reasonable attorneys’ fees incurred by such indemnified party in connection with investigating, defending, or settling any Loss whether or not in connection with pending or threatened litigation in which such indemnified party is a party.

ZENIORS SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR

 A. ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, OR LOSS OF DATA RESULTING FROM THE USE OF ZENIORS' SERVICES BY CUSTOMER OR ANY THIRD PARTIES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, OR

B.  ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS.

ZENIORS PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ZENIORS DISCLAIMS ALL WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS, AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF THE SERVICES AND ZENIORS SHALL HAVE NO LIABILITY THEREFOR.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZENIORS DISCLAIMS, ALL WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR THROUGH, THIS SERVICE, THE SYSTEMS WHICH PROVIDE IT, AND THE INTERNET, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.

ZENIORS DOES NOT ASSUME ANY LIABILITY FOR THE COMPLETENESS, ACCURACY, OR USEFULNESS OF ANY INFORMATION DISCLOSED OR MATERIALS ACCESSED THROUGH ITS SERVICES, ITS SYSTEMS, ITS NETWORKS, OR THE INTERNET.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Zeniors harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Zeniors, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Zeniors against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Zeniors; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Zeniors' server.

Zeniors shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, terrorism, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, magnetic interference, interruptions of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunications or wireless service, or any cause beyond the reasonable control of Zeniors.

REVISIONS TO THIS ACCEPTABLE USE POLICY

Zeniors reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).