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Friday, May 09, 2008

Tems and Conditions • • • •

Web hosting accounts are for the purposes of hosting websites and email ONLY. Any account found running a game server, an IRC server, or an IRC bot, will be terminated immediately. Any fees paid will be forfeit.

The person that signs up for an account is the person responsible for the actions of all parties using that account. If you no longer wish to be the registered owner of an account, contact ZeroLevity immediately. Accounts are NOT transferable without specific permission from ZeroLevity.

The registered owner of an account warrants that any material submitted for publication on our servers does not violate or infringe any copyright, trademark, patent, statutory common law or proprietary interest of others or contain anything obscene or libelous.

Any account which consistently exceeds its disk quota will be asked to upgrade to the next level package. Similarly, accounts which place a great level of stress on a machine through excessive CPU usage will be asked to upgrade to a higher level package. We reserve the right to kill any process which uses considerable amounts of CPU time and RAM. Refusal to upgrade or to bring system usage within account parameters may result in the termination of the offending account.

Accounts cannot be used for any of the following purposes: Spamming or sending UCE (unsolicited commercial email); distribution of pornographic or sexually-oriented material; sponsorship or endorsement of any product or group that promotes, encourages or constitutes discrimination or harassment on the basis of race, national or ethnic origin, colour or religion; software piracy; hacking, or attempting to use machine or network resources for unlawful purposes. Any account violating these rules will be terminated immediately and no refunds will be issued. Accounts used for spam will be charged US$100 per complaint received plus any expenses incurred in cleaning up after the spam. The ZeroLevity mail server is logged and can be checked upon receiving any complaint. Such action by a participant will not be tolerated in any degree!
By US Code Title 47, Sec.227(a)(2)(B), a computer/modem/printer meets the definition of a telephone fax machine. Under United States law "Sec.227(b)(1)(C)" it is unlawful to send any unsolicited advertisement to any such equipment which has the capacity to transcribe text or images (or both) from an electronic signal received over a regular telephone line onto paper. Such behavior is punishable by action and allows the receiver to recover actual monetary loss, or US$500, whichever is greater, for EACH violation. Most states will permit such actions to be filed in Small Claims Court.

ZeroLevity will not be held responsible for any content on its client's sites which others may find offensive.

For new clients only, accounts cancelled within the first two weeks of service will receive a full refund less any set-up fees. Accounts voluntarily cancelled after that period or additional accounts set up by existing clients will receive a refund only for FULL months or quarters (depending on the type of account) remaining that have been pre-paid. Under no circumstances will the set-up fee be refunded. Refunds will be made in the same form as the original payment. You must explicitly notify us via EMAIL from your web hosting account (phone requests will not be accepted without credit card verification for your own protection) if you wish to cancel your account. Accounts are still considered active and will be charged even if you do not log in and use them. Your billing period starts the day your account is activated, whether or not you are actively publicizing a site.

A bounced check will incur a US$25 service charge, and all future payments must be made by credit card or money order.

You are responsible for keeping ZeroLevity informed of any changes to your name, mailing address, phone number, or email address.

A Fee of US$50.00 will be charged for each instance you request backup data from ZeroLevity.

General system support is available free of charge by telephone or email. Support for Advanced UNIX topics, and HTML, when available, will incur a charge of US$65 and US$50 per hour, respectively.

If you do not see a utility or program on our servers that you require, please inquire about it. We can obtain and install nearly any utility that you may need. However, there may be circumstances where we cannot fulfill every request or where we must charge a fee for the service.

Services are provided on an "as is" and "as available" basis without warranties of any kind, either expressed or implied. ZeroLevity cannot and will not be held liable for any damages, liability or expense incurred or suffered, which is claimed to result from use of or inability to use the service, whether indirect, incidental, or consequential that may arise out of use of ZeroLevity's services. Please remember to always keep a local backup copy of your work on your own personal computer.

ZeroLevity failure to enforce any term or condition in this policy shall not be taken as a waiver of that term or condition.

ZeroLevity reserves the right to cancel service for any reason without prior notice. In case of cancellation, unused fees may be returned to the subscriber on a pro-rata basis. Setup fees, if any, are not refundable.

ZeroLevity will have the final say on what constitutes a violation of these terms and conditions. ZeroLevity reserves the right to alter, amend, or change these policies at any time. All accounts are required to comply with any changes made to these policies while their accounts are active. Notification of any major changes to the policies will be emailed to all accounts.

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