Acceptable Use Policy
General
EZZI.NET Clients shall not, nor shall they permit or assist others who
may or may not have authorized access to Clients’ sites, to abuse or
fraudulently use EZZI.NET facilities, products and/or services,
including but not limited to engaging in the following activities:
- Obtaining or attempting to obtain
unauthorized access to any account or computer resource not
belonging to that user (i.e., spoofing).
- Obtaining or attempting to obtain
service by any means or device with the intent of avoiding payment.
- Engaging in unauthorized access,
alteration, destruction or any attempt thereof, of any information
belonging to any EZZI.NET Client or end-user by any means or device.
- Knowingly engaging in any activity
that will cause a denial-of-service (e.g., synchronized
number-sequence attacks) to any EZZI.NET Client or end-user.
- Using EZZI.NET products and/or
services to interfere with service to any user, host or network,
including but not limited to flooding networks, deliberately
attempting to overload a service and/or attempting to crash a host.
- Using any kind of program, script or
command, or sending messages of any kind, that are designed to or
that cause any other party to interfere with a user’s terminal
session, regardless of means, whether locally or via the Internet.
- Transmitting on or through any
EZZI.NET service any material that is unlawful, obscene, harassing,
threatening, abusive, libelous or hateful, or encouraging conduct
that would constitute a criminal offense, give rise to civil
liability or otherwise violate any local, state, national or
international law, including but not limited to direct or indirect
threats of physical harm or the transmission or display of child
pornography.
- Transmitting, distributing, or
storing any information, data or material in violation of U.S.
regulation or law; state regulation or law; common law; or the laws
and regulations of any jurisdiction in which EZZI.NET does business
and/or the violation emanates, is received and/or occurs, including
but not limited to material protected by copyright, trademark, trade
secret or any other proprietary-rights statute. Examples of such
might include posting, uploading or otherwise distributing
copyrighted material without the consent of the copyright holder,
except when pursuant to the Fair Use Doctrine.
- Violating the personal-privacy
rights of others, including but not limited to collecting and
distributing information about Internet users without their
permission, except as permitted by applicable law.
- Intentionally omitting, deleting,
forging or misrepresenting transmission information, including but
not limited to headers, return-address information and IP addresses,
or taking any other action intended to cloak the identity or contact
information of the Client or its users.
- Directly or indirectly violating
U.S. laws and regulations; or the laws and regulations of any
jurisdiction in which EZZI.NET does business and/or from which the
violation emanates, is received and/or occurs; or export-control
laws, including but not limited to those applying to software and/or
technical information.
- Storing and/or distributing
security-breaching materials and/or tools, including but not limited
to programs containing viruses or "Trojan horses," tools
to compromise the security of other sites, tools to collect e-mail
addresses for use in sending bulk e-mail and/or tools used to send
bulk mail.
Policy on SPAM
- E-Mail. Users may not send
unsolicited e-mail messages (i.e., not explicitly requested by the
recipient), whether or not the practice causes complaints from
recipients, including, without limitation, bulk commercial
advertising, informational announcements, charity requests,
petitions for signatures and political or religious tracts
("SPAM"), in a way that could be expected to adversely
impact EZZI.NET, including, without limitation, using an e-mail
account on or through the EZZI.NET network to send spam, or using
the service of another provider to send spam or to promote a site
hosted on or connected to the EZZI.NET network, either directly or
indirectly. Users may not use the EZZI.NET network to:
- send e-mail messages that are
excessive and/or intended to harass or annoy others, especially
if the recipient has made a request to cease and desist;
- use the account to collect
responses from unsolicited bulk or commercial e-mail sent from
accounts with other providers;
- forward or otherwise propagate
chain letters, whether or not such messages solicit money or
other items of value, and whether or not the recipient wishes to
receive such mailings;
- continue to send e-mail messages
to a recipient who has indicated that he/she does not wish to
receive them;
- send e-mail with forged or
missing TCP/IP packet-header information;
- engage in
"mailbombing" (sending large quantities of unwanted or
unsolicited e-mail to individual e-mail accounts or copies of a
single message to many e-mail accounts); and/or
- send or receive e-mail messages
in a manner that violates the use policies of the recipient’s
Internet Service Provider.
- Inappropriate Software, Products and
Services. Users may not transmit, promote or otherwise make
available any software product or service that is either illegal or
designed to violate this policy. Such software products or services
include but are not limited to programs designed to send unsolicited
advertisements (i.e., "spamware"), services that send
unsolicited advertisements, programs designed to initiate
"denial-of-service" attacks, "mailbomb"
programs, and/or programs designed to gain unauthorized access to
networks on the Internet.
- Usenet. Users who post messages to
Usenet newsgroups are responsible for becoming familiar and
complying with any written charter or FAQ governing the use of such
newsgroups. Regardless of such policies, users may not:
- post the same message, or a
series of similar messages, to one or more newsgroups (excessive
cross-posting or multiple-posting, also known as "Usenet
SPAM");
- post binary files to newsgroups
not specifically named for that purpose;
- solicit mail for any address
other than your EZZI.NET account(s) or service where doing so
would manifest an intent to harass others;
- post messages for the purpose of
threatening, harassing or intimidating others;
- post messages that infringe on
the personal or property rights of others (privacy rights or
copyrights, for example);
- cancel messages other than those
you originated, with the exception of official newsgroup
moderators performing their duties;
- post any message with forged
packet header-information; and/or
- post messages that are excessive
and/or intended to annoy or harass others, including, without
limitation, messages promoting chain letters, pyramid schemes or
make-money-fast schemes.
Security
- EZZI.NET Clients are solely
responsible for any misuse of their account, even if the offending
act or conduct was committed by, results from or arises from the
act, omission or behavior of someone other than the Client. Thus,
Clients must take the necessary precautions to protect access to and
use of their accounts. EZZI.NET recommends using passwords (which
themselves must be kept secure) containing at least six, if not
eight characters, at least one of which should combine upper and
lower case letters and SHOULD NOT CONTAIN or be based on any word or
personal information (i.e., birth date, social security numbers,
etc.). Users may not:
- share password and account
access with unauthorized users;
- use or attempt to use an account
to breach the security of another account or attempt to gain
unauthorized access to another network or server;
- attempt to obtain another
user’s account password;
- attempt to circumvent user
authentication or security of any host, network or account
(cracking), including but not limited to accessing data not
intended for the user, logging into or making use of a server or
account not expressly authorized for the user or accessing or
probing the security of other networks;
- use or distribute tools designed
for compromising security, including by not limited to
password-guessing programs, cracking tools or network-probing
tools; and/or
- attempt to interfere with
service to any user, host or network (denial-of-service
attacks), including but not limited to flooding of networks,
deliberate attempts to overload a service and attempting to
crash a host.
Violations and Remedies
WARNING: Users who violate systems or network security may incur
criminal or civil liability. EZZI.NET will cooperate fully with all
investigations of violations of systems or network security at EZZI.NET
and/or other sites, including but not limited to cooperation with law
enforcement authorities in the investigation of criminal violations.
EZZI.NET reserves the right to suspend or terminate the account, or any
part thereof, of any Client who, in the judgment of EZZI.NET, fails to
abide by the policies contained herein. In addition, EZZI.NET may take
such equitable actions as it deems appropriate, including but not
limited to those more fully set forth in the EZZI.NET Master Service
Agreement Terms and Conditions, and may seek legal remedies for any
damages it may incur as a result of any violation of this Policy or
attempted misuse or abuse of the EZZI.NET network facilities, products
and services.
Client Responsibilities
Each EZZI.NET Client is responsible for the activities of its
subordinate customer base or end-users and, by accepting service from
EZZI.NET, agrees to ensure that its customers abide by this Policy.
Complaints about the customers or end-users of a EZZI.NET Client will be
forwarded to the EZZI.NET Client’s hostmas-ter for action. If activity
in violation of this Policy continues, then the products and services of
the EZZI.NET Client may be subject to suspension, termination or other
action, without notice, as EZZI.NET in its sole discretion deems
appropriate. It is the Client’s responsibility to check the EZZI.NET
Web page for updates or modifications of the Acceptable Use Policy.
EZZI.NET reserves the right to modify the Acceptable Use Policy at any
time without notice.
Monitoring Obligations
Clients acknowledge that EZZI.NET has no obligation to monitor services
in any way unless otherwise specified by contract, but that EZZI.NET has
a right to monitor the service from time to time and to disclose any
information as necessary to satisfy any law, regulation, ordinance or
other government request, to operate the service properly, or to protect
itself or its subscribers. EZZI.NET shall not intentionally monitor or
disclose any private e-mail message unless required by law. EZZI.NET
reserves the right to refuse to post or to remove any information or
materials, in whole or in part, that, in its sole discretion, are
unacceptable, undesirable or in violation of this Acceptable Use Policy.
Terms of Service
Ezzi.Net “The Company” agrees to
furnish service(s) to Subscriber(s), subject to the following Terms of
Service hereafter referred to as TOS. Use of Ezzi.Net Service(s)
constitutes an acceptance of Ezzi.Net’s Acceptable Use Policy
hereafter referred to as AUP as well as Ezzi.Net’s TOS. Unless and
otherwise mentioned in any other contract or agreement all Ezzi.Net’s
Subscriber(s) are subject to these TOS and AUP and All provision of this
TOS and AUP are subject to periodic review and change without prior
notice. Subscriber(s) understands that change(s) to the TOS or AUP shall
not be ground(s) for early termination or non-payment.
This Agreement shall be construed in all respect in accordance with the
laws of the state of New York, County of Suffolk applicable to contracts
enforceable in that state. Venue will be Suffolk County, New York.
- Network
- Internet Protocol
Address/Number ownership/usage: All ownership and right(s)
to use the Internet Protocol(s) address hereafter referred to as
IP(s), assigned to the Subscriber(s) shall belong only to
Ezzi.Net. The Subscriber(s) shall have no right(s) to use the
IP(s) except as permitted by Ezzi.Net in its own discretion in
connection with the services, during the terms of this
Agreement. Ezzi.Net reserves absolute control and right of
ownership over IP’s and may change or remove any such IP
Number(s) or Addresses. All IP(s) allocation is based on
provision of ARIN’s policy governing IP addresses.
- Bandwidth and Disk Space:
The Subscriber(s) has been allocated the usage of bandwidth and
or disk space per month for the service(s) ordered on the order
form/ package/special pricing agreed upon at the time of placing
the order(s). All bandwidth usage is monitored as far as
possible for usage during any given calendar month. The
Subscriber(s) agrees to pay any additional charge(s) as
applicable that may arise from additional usage of such
bandwidth and or disk space usage. Ezzi.Net also reserves the
right to demand a deposit or charge the Subscriber(s) a deposit
on Subscriber(s) credit card(s) on file with Ezzi.Net in the
event the bandwidth usage is likely to exceed the monthly
allocated usage on any two days usage back to back.
Each customer/server is provided with a burstable 100Mbps port,
and may utilize available network bandwidth in manner that is
fair and reasonable to all users on the EZZI.net network.
Because bandwidth is a shared resource amongst all users,
excessive consumption of network bandwidth by a customer/server
can interfere with or completely prevent normal network
performance for other users. EZZI.net provides temporary burst
(not sustained usage) up to 100Mbps for each server as a
courtesy only. Servers that (a) average 10Mbps (106GB of data
transfer) or more during any 24-hour period or (b) average
20Mbps (53.3GB of data transfer) or more during any 6-hour
period or (c) average 30Mbps (40GB of data transfer) or more
during any 3-hour period shall be warned and/or disconnected
from the network to prevent such activities from causing
deterioration in network performance for other users.
Furthermore, the customer shall be responsible for (a) all fees
related to excessive bandwidth usage and (b) all fees related to
the violation of the EZZI.net Terms of Service Agreement.
- System and Network Security:
Any violation/attempt to violate security of Ezzi.Net
Network/System may result in civil or criminal liability.
Ezzi.Net will investigate any such occurrence(s), which may
involve such violation(s) and may involve, and cooperate with,
law enforcement authorities in prosecuting Subscriber(s) and or
their customer(s) who are involved in such violation(s). These
violations include but is not limited to:
- Accessing data not intended
for such Subscriber(s)
- Logging or trying to log
into a server or account, which such Subscriber(s) is not
authorized to access.
- Attempting to probe, scan or
test the vulnerability of a system or network or to breach
security or authentication measures without proper
authorization.
- Attempting to interfere with
service to any Subscriber(s), host or network, including but
not limited to “flooding”, “mail bombing”,
spoofing” or “crashing”.
- Forging or altering any
TCP/IP packet header or any part of the header information
in any e-mail or newsgroup posting.
- Obtaining or attempting to
obtain service by any means or device with or without the
intent of avoiding payment.
Subscriber(s) acknowledges the fact
that the nature of the service(s) provided is such that the service
can be interrupted for many reasons other than the negligence of the
company and as such the Subscriber(s) agrees that the company shall
not be liable for any damages arising from such causes and that the
company shall not be responsible for any such loss and that the
liability of the company in an event of its own negligence shall not
exceed the amount payable by the Subscriber(s) for the services
during the period damages occurred. In no event shall the company be
liable for any special or consequential damages, loss or injury.
- Support Boundaries: Ezzi.Net
provides 24 x 7 technical support to our subscribers. Ezzi.Net
agrees to provide necessary support for the
hardware/equipment(s)/service(s) provided by Ezzi.Net, however all
support on the hardware are subject to warranty agreements of the
supplier/manufacturer of the said hardware/equipment(s) and in some
instances this may lead to delays in restoring the service to the
subscriber. Ezzi.Net is not responsible for such delays and is not
responsible for any loss monetary or otherwise. Ezzi.Net does not
offer tech support for any software that is installed on the server
this includes the operating system. Any support issue which requires
Ezzi.Net’s technical staff to work on a Subscriber(s)
hardware/equipment for problems not relevant to Ezzi.Net’s
services will be charged at the rate $75.00/hour (This charge is
subject to periodic change and its subscribers responsibility to
check the rates before he authorizes any work). The service(s) in
case where hourly rate has to be charged is dependent on the receipt
of the amount calculated based on approximate time to fix the
problem. Ezzi.Net only provides technical support to Ezzi.Net’s
Subscriber(s) we do not support Subscriber(s) clientele or any third
party who is not an Ezzi.Net subscriber directly. Ezzi.Net reserves
the right to charge the prevalent hourly rate for technical
service(s) in the event it provides technical service(s) who
pretends to be Ezzi.Net’s subscriber and authorizes work on a
hardware/equipment(s)/service(s). Support is provided through the
support ticketing system, which can be found in your customer
account. To login to your account, click
here
- SPAM and Unsolicited Email (UE):
Ezzi.Net Subscriber(s) shall not or shall not facilitate anyone to
use Ezzi.Net network or systems to SPAM or Unsolicited Email.
Violations of this policy carry severe penalties, including
termination of services.
- Upon Notification of first
violation Ezzi.Net will initiate an investigation and during
this period may restrict Subscriber(s) access to network, as it
considers necessary. An administrative fee of $250.00 will be
charged to your account for this at the end of this
investigation Ezzi.Net will determine what is to be done with
your account and could lead to termination.
- On second violation the same
rule applies but the administrative fees will be $500.00
- As our Subscriber(s) are
responsible for their own action and that of their
Subscriber(s)s, it is in the best interest of the Subscriber(s)
to implement a similar or stricter policy.
- Indemnification:
Subscriber(s) will defend, indemnify and hold Ezzi.Net and its
affiliates harmless from any and all liabilities, costs and
expenses, including reasonable attorney’s fees, related to any
violation of the AUP and or TOS by the Subscriber(s) or users of the
Subscriber(s) account, or in connection with the use of service or
the Internet, or the placement or transmission of any message,
information, software, or other materials on the Internet by the
Subscriber(s) or users of a Subscriber(s) account.
- Internet Relay Chats also called
IRC: Ezzi.Net absolutely prohibits hosting of IRC or any
services facilitating or relating to such kinds of services.
- Monitoring Obligations:
Subscriber(s)s acknowledge that Ezzi.Net has no obligation to
monitor services in any way unless otherwise specified by contract,
but that Ezzi.Net has a right to monitor the service from time to
time and to disclose any information as necessary to satisfy any
law, regulation, ordinance or other government request, to operate
the service properly, or to protect itself or its Subscriber(s).
Ezzi.Net shall not intentionally monitor or disclose any private
e-mail message unless required by law. Ezzi.Net reserves the right
to refuse to post or to remove any information or materials, in
whole or in part, that, in its sole discretion, are unacceptable,
undesirable or in violation of this Acceptable Use Policy.
- Responsibility for usage and
contents: The Subscriber(s) is responsible for the actions and
usage of his user(s)/clientele.
- Ezzi.Net is not liable for any
damages your business may suffer and does not make any written or
implied warranties for any of our service(s) and denies any warranty
or merchantability for a particular purpose which may include but is
not limited to loss of data resulting from delays, non-deliveries,
wrong delivery and or any service(s) interruptions caused by
Ezzi.Net.
The company reserves the right(s) to deny service(s) to any
subscriber(s) who is or has been in violation of section (2)
subsection (d) from any future service(s) until such time the
subscriber(s) pays the outstanding charge(s) from the subscriber(s)
previous subscription(s) to Ezzi.Net service(s) and those charges
have been paid in full satisfaction. The company further reserves
the right(s) to demand a security deposit from such subscriber(s)
before providing them with any new or additional service(s).
|