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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:

  1. Obtaining or attempting to obtain unauthorized access to any account or computer resource not belonging to that user (i.e., spoofing).

  2. Obtaining or attempting to obtain service by any means or device with the intent of avoiding payment.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. 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.

  11. 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.

  12. 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

  1. 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:

    1. 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;

    2. use the account to collect responses from unsolicited bulk or commercial e-mail sent from accounts with other providers;

    3. 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;

    4. continue to send e-mail messages to a recipient who has indicated that he/she does not wish to receive them;

    5. send e-mail with forged or missing TCP/IP packet-header information;

    6. 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

    7. send or receive e-mail messages in a manner that violates the use policies of the recipient’s Internet Service Provider.

  2. 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.

  3. 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:

    1. 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");

    2. post binary files to newsgroups not specifically named for that purpose;

    3. solicit mail for any address other than your EZZI.NET account(s) or service where doing so would manifest an intent to harass others;

    4. post messages for the purpose of threatening, harassing or intimidating others;

    5. post messages that infringe on the personal or property rights of others (privacy rights or copyrights, for example);

    6. cancel messages other than those you originated, with the exception of official newsgroup moderators performing their duties;

    7. post any message with forged packet header-information; and/or

    8. 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

  1. 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:

    1. share password and account access with unauthorized users;

    2. 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;

    3. attempt to obtain another user’s account password;

    4. 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;

    5. use or distribute tools designed for compromising security, including by not limited to password-guessing programs, cracking tools or network-probing tools; and/or

    6. 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.

  1. Network

    1. 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.

    2. 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.

    3. 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:

      1. Accessing data not intended for such Subscriber(s)

      2. Logging or trying to log into a server or account, which such Subscriber(s) is not authorized to access.

      3. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

      4. Attempting to interfere with service to any Subscriber(s), host or network, including but not limited to “flooding”, “mail bombing”, spoofing” or “crashing”.

      5. Forging or altering any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

      6. 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.

  2. 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

  3. 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.

    1. 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.

    2. On second violation the same rule applies but the administrative fees will be $500.00

    3. 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.

  4. 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.

  5. Internet Relay Chats also called IRC: Ezzi.Net absolutely prohibits hosting of IRC or any services facilitating or relating to such kinds of services.

  6. 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.

  7. Responsibility for usage and contents: The Subscriber(s) is responsible for the actions and usage of his user(s)/clientele.

  8. 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).