Acceptable Usage Policy (AUP)
General Statement: ZipServers is dedicated to the unrestricted free transmission of information via the internet and its many resources. Our goal is to deliver enterprise quality on-demand IT services to all of our Customers while serving as the medium of exchange for transmission of all information. The storage, distribution, and exchange of information (content) is the internet's single most valuable feature. ZipServers is dedicated to protecting the source and distribution of information and protecting the rights and privileges of those utilizing it. ZipServers does not purport to be the content police; our duty in the process of information dissemination is simply to act as conduit between interested parties. Notwithstanding anything found herein, ZipServers follows all local, state and federal laws pursuant to the services delivered over the internet and directly related to our network and internal systems. The purpose of this AUP is to inform all Customers of acceptable, anticipated Customer use. Due to the myriad of possibilities in maintaining a network comprised of thousands of servers, this AUP is intended to act as a guideline to service and not to be all encompassing.
Public Network: The primary purpose of the ZipServers Public Network is to transmit information (packets) to and from Customer servers and data storage services. Proper use of the Public Network is to utilize the network in any way so long as Customer does not violate any local, state, or federal laws or generate harm to the network or interfere with the use of services of other users utilizing the same network. All Customers are granted equal access to the Public Network. Violation, misuse, or interference of the public network shall be considered a violation of the AUP and shall trigger the Methods of Resolution under this AUP as set forth below in the section below titled "Methods of Resolution for Violations of ZipServers Acceptable Use Policy".
Private Network: The primary purpose of the ZipServers Private Network is to allow secure private network connectivity to the private backend network directly connecting Customer servers and ZipServers delivered services. Proper use of the Private Network is the upload/download of content, server administration, transmission of information between servers, transmission of information between servers and ZipServers servers, secure private administration of services, data retrieval, console access, and true out of band management of their entire IT environment. The Private Network can also be utilized for service access during periods of non-payment, copyright infringement, spam abuse, service interruption or other instances requiring server administration. All Customers are granted equal access to the private secure network to securely manage their services. Connectivity to the Private Network is granted on an unrestricted basis in eight (8) hour increments. Dedicated connections to the Private Network are available through the sales team. Violation, misuse, or interference of the Private Network shall be considered a violation of the AUP and shall trigger the Methods of Resolution under this AUP as set forth below in the section below titled "Methods of Resolution for Violations of ZipServers Acceptable Use Policy".
Security Services: The primary purpose of the ZipServers standard security services is to assist the Customer in the protection, management, update, and overall stability of the outsourced IT environment. All ZipServers services include network intrusion detection systems and denial of service mitigation via technology from 3Com (TippingPoint). These services are free of charge and are intended to mitigate or remove security risks associated with the respective technologies. ZipServers also monitors all aggregate network traffic via Arbor networks and router netflow statistics for traffic analysis. ZipServers also supplies Microsoft update servers and Red Hat update servers located on the Private Network for private secure update services. These services are included free of charge and are intended to assist Customers in the OS management of their servers. Other security services offered for a fee are covered via the terms of the individual services. These services include, but are not limited to: firewalls, host IDS, service monitors and other similar type products and services. Outside of the global network security services described above, Customers are required and obligated to maintain security related to Customer managed servers. The management of dedicated servers requires basic security management including password management, port management, OS updates, application updates, security policy settings and more. The Customer is ultimately responsible for individual server security unless contracted security services are purchased. Any violation of the security services included in basic services will be addressed pursuant to the Methods of Resolution under this AUP as set forth below in the section below titled "Methods of Resolution for Violations of ZipServers Acceptable Use Policy".
Customer Conduct: Customers are expected to behave in a polite and professional manner when dealing with any ZipServers employees. Any abuse directed towards ZipServers staff may result in account termination. Abuse can be deemed as using foul language in tickets, chat or telephone as well as physical threats, chargeback threats, threat of lawsuit or any other behavior deemed as staff abuse. Customer will be given a first warning to cease staff abuse. Should customer continue with abusive behavior toward staff, their account will be terminated immediately.
Server Content: ZipServers does not actively monitor dedicated server content for review. ZipServers believes in the free dissemination of information via our services. Dedicated server content will only be reviewed upon complaint by verified third parties. Content that does not violate local, state and federal law or the AUP is deemed in compliance and shall remain intact. Legal adult content is allowed on ZipServers dedicated servers. Content deemed in violation will be addressed pursuant to the Methods of Resolution under this AUP as set forth below in the section below titled "Methods of Resolution for Violations of ZipServers Acceptable Use Policy".
cPanel Cloud Sites Hosting
Resource Usage: Customers subscribing to the cPanel Cloud Sites Hosting plan may not:
a. Use 25% or more of node resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b. Run stand-alone, unattended server-side processes at any time on the server. This includes any and all daemons, such as IRCD.
c. Run web spider or indexer (including Google Cash / AdSpy).
d. Run any software that interfaces with an IRC (Internet Relay Chat) network.
e. Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them.
f. Participate in any file-sharing / peer-to-peer activities.
g. Run any type of gaming servers.
h. Run cron entries with intervals of less than 15 minutes.
i. Utilize the account as a backup or storage device. Specifically, warez, MP3's, pirated files, image hosting are strictly prohibited. This places a strain on the node and can result in suspension of account. Customer may however keep 1 Plesk backup within their account.
Inodes Usage: Customers subscribing to the cPanel Cloud Sites Hosting plan using more than 50,000 inodes may potentially result in suspension. Every physical file (a webpage, image file, email) on your account uses up 1 inode. Sites that only exceed our inode limit threshold by a minimal amount are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension.
DNS Services: ZipServers supplies redundant domain names services for all Customers purchasing dedicated services. These services include the use of authoritative name servers for public resolution of domain names and private domain name resolvers located on the private service network. The DNS services are fully managed and maintained by ZipServers with Customer specific domain name management through the online Customer portal. In rare instances, where extreme intensive loads (DNS lookups) utilize disproportionate resources of the redundant DNS systems, ZipServers will notify Customer of potential violation of this AUP. Customers requiring such DNS services will be instructed to perform dedicated DNS services on Customer-managed equipment. Violation of DNS services shall trigger the Methods of Resolution under this AUP as set forth below in the section below titled "Methods of Resolution for Violations of ZipServers Acceptable Use Policy".
IP Addresses: All Internet Protocol (IP) Addresses are owned and managed by ZipServers. IP Addresses are non-transferable from ZipServers, and Customer retains no ownership or transfer rights to IP Addresses. All IP Addresses are assigned by the ZipServers engineering team on a per VLAN, per server basis. Attempted use of IP addresses not originally allocated for use or IP addresses use on non-assigned VLANs or servers is a violation of this AUP. Violation of the IP Address policy shall trigger the Methods of Resolution under this AUP as set forth below. All IP Addresses are currently registered to ZipServers via Arin.net assignments. Private IP assignments are available to qualified Customers.
IRC: ZipServers allows the use of private internet relay chat (IRC) servers for communication among private parties. ZipServers absolutely prohibits the use of IRC servers connected to public IRC networks or servers. IRC servers that result in interference of service, malicious network activity or increased demand on network security services are in direct violation of this AUP. Violation of the IRC policy shall trigger the Methods of Resolution under this AUP as set forth below in the section below titled "Methods of Resolution for Violations of ZipServers Acceptable Use Policy".
Peer to Peer: ZipServers allows the use of internet peer to peer software for file sharing purposes. ZipServers highly recommends strict oversight an management of peer to peer software environments due to the propensity to violate copyright law by sharing commercial software or copyright protected material. The sharing of copyright protected software and material is NOT allowed and is in direct violation of federal law and this AUP. Violation of the Peer to Peer policy shall trigger the Methods of Resolution under this AUP as set forth below in the section titled "Methods of Resolution for Violations of ZipServers Acceptable Use Policy".
Bit Torrent: ZipServers allows the use of bit torrent protocols on the public network. ZipServers highly recommends strict oversight and management of Bit Torrent software environments due to the propensity to violate copyright law by sharing commercial software or copyright protected material. The sharing of copyright protected software and material is NOT allowed and is in direct violation of federal law and this AUP. Violation of the Bit Torrent policy shall trigger the Methods of Resolution under this AUP as set forth below in the section titled "Methods of Resolution for Violations of ZipServers Acceptable Use Policy".
The following list represents per se direct violations of this AUP and will be subject to immediate redress under the Methods of Resolution as described in this AUP and as set forth in the table below.
Copyright Infringement: Direct copyright infringement as defined and noted under Title 17, Section 512 of the United States Code are a direct violation of ZipServers AUP. Please refer to DMCA copyright infringement requirements at http://www.ZipServers.com/legal.php
Unsolicited Email: The sending or receiving of mass unsolicited email (SPAM) is a direct violation of ZipServers AUP. This includes the direct sending and receiving of such messages, support of such messages via web page, splash page or other related sites, or the advertisement of such services.
Email Bombing: The sending, return, bouncing or forwarding of email to specified user(s) in an attempt to interfere with or over flow email services is a direct violation of ZipServers AUP.
Proxy Email (SPAM): The use of dedicated services to proxy email unsolicited users is a direct violation of ZipServers AUP. Proxy email is defined as the use of dedicated services to act in concert with other services located inside and outside the network to achieve mass unsolicited email (SPAM) to unrelated third parties.
UseNet SPAM: The use of dedicated services to send, receive, forward, or post UseNet unsolicited email or posts is a direct violation of ZipServers AUP. This includes UseNet services located within the ZipServers network or unrelated third party networks.
Illegal Use: Any use of dedicated services in a manner which is defined or deemed to be statutorily illegal is a direct violation of ZipServers AUP. This includes, but is not limited to: death threats, terroristic threats, threats of harm to another individual, multi-level marketing schemes, "ponzi schemes", invasion of privacy, credit card fraud, racketeering, defamation, slander, and other common illegal activities.
Child Pornography: ZipServers has a zero-tolerance policy on child pornography and related sites. The hosting of child pornography or related sites or contact information is in direct violation of federal law and ZipServers AUP.
Threats & Harassment: The ZipServers network can be utilized for any type of individual, organizational or business use. This does not include threats to or harassment of individuals, organizations or businesses, unless it falls within the bounds of protected free speech under the First Amendment. ZipServers seeks to serve only as the medium of exchange for information and refrains from decisions on freedom of speech.
Fraudulent Activities: ZipServers prohibits utilizing dedicated services or network services for fraudulent activities. Participation in fraudulent activities is in direct violation of state and federal law and ZipServers AUP.
Denial of Service: ZipServers absolutely prohibits the use of dedicated services or network services for the origination or control of denial of service attacks or distributed denial of service attacks. Any relation to DOS or DDOS type activity is a direct violation of ZipServers AUP.
Terrorist Websites: ZipServers prohibits the use of dedicated services for the hosting of terrorist-related web sites. This includes sites advocating human violence and hate crimes based upon religion, ethnicity, or country of origin.
Distribution of Malware: ZipServers prohibits the storage, distribution, fabrication, or use of malware including virus software, root kits, password crackers, adware, key stroke capture programs and other programs normally used in malicious activity. Programs used in the normal ordinary course of business are deemed acceptable. Example: Security Company hosting at ZipServers analyzes the latest root kit for new security analysis/software.
Phishing: ZipServers strictly prohibits any activity associated with Phishing or systems designed to collect personal information (name, account numbers, usernames, passwords, etc.) under false pretense. Splash pages, phishing forms, email distribution, proxy email or any relation to phishing activities will result in immediate removal.
HYIP or Ponzi Schemes: High Yield Investment Plans or Ponzi schemes with the intent to defraud end users are illegal and not allowed on the network. This includes hosting, linking and or advertising via email websites or schemes designed to defraud.
Disclosure to Law Enforcement: Occasionally, ZipServers is required by law to submit Customer information to law enforcement officials when presented with a valid subpoena from a court or governmental entity with proper jurisdiction. Information requested is disclosed as directed pursuant to the subpoena. ZipServers utilizes great care in keeping Customer information safe and private and will only release information described in the subpoena. ZipServers will notify Customer of the information request as allowed by the subpoena.
Reporting Violation of the Acceptable Use Policy: ZipServers accepts reports of alleged violations of this AUP via email sent to abuse@ZipServers.com. Reports of alleged violations must be verified and include name, contact information, IP address, and description of the violation. ZipServers owes no duty to third parties reporting alleged violations due to lack of privity in contract law. ZipServers will review all verified third party reports and will take appropriate actions as described within Methods of Resolution as set forth in the table below in the section titled "Methods of Resolution for Violations of ZipServers Acceptable Use Policy".
Methods of Resolution for Violations of ZipServers Acceptable Use Policy: The ultimate goal of ZipServers is to balance the rights and interest of our Customers in the highly evolving internet world. ZipServers understands the challenges of hosting companies, resellers, businesses, organizations and other customers who may have third party violations occur due to the nature of their business. The goal of our Methods of Resolution is to mitigate service interruptions while resolving potential violations under this AUP. Our sales, support and abuse staff are dedicated to working with the Customer in resolving potential violations, and are available via phone or email. The Methods of Resolution below form the framework for resolving all potential violations. Timing for resolution differs according to the degree of the violation, the nature of the violation, involvement of law enforcement, involvement of third party litigation, or other related factors. Overall, ZipServers is dedicated to working with the Customer in resolving all potential violations prior to any service interruptions.
Step 1: First alleged violation of AUP: a ticket will be generated under ZipServers to obtain the Customer’s master user account with information regarding the potential violation of ZipServers AUP. This is often a fact-finding email requiring further information or notifying Customer of the potential violation and the required actions to resolve the issue.
Step 2: Acknowledgement of violation of AUP: a ticket is generated under the Customer’s master user account with information specific to the violation. This ticket will also include any additional facts about the situation and will notify Customer of the action required to resolve the violation.
Step 3: Violation of AUP disregarded, not properly addressed, or continuing violation if a ticket has been disregarded, not properly addressed, or resolved by the Customer for a specified period of time: ZipServers engineers will turn the public network port to the specified dedicated services off. Access to the dedicated services may then be achieved through the secure private service network for Customer resolution. As soon as the violation is addressed, the public access shall be restored and service will continue as normal.
Step 4: Failure to address violation and resolve violation: if Customer fails to address the violation AND resolve the violation, a suspension of services shall occur. This is a last resort for ZipServers and only results when the Customer completely fails to participate in ZipServers resolution process. A permanent suspension of services includes reclamation of all dedicated services and the destruction of Customer’s data.
Disclaimer - ZipServers retains the right, at its sole discretion, to refuse new service to any individual, group, or business. ZipServers also retains the right to discontinue service with notice for repeated violation of the acceptable use policy over time.
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