User Agreement

Please read this agreement in its entirety. All users of our service will be bound by this agreement, which may be updated by us from time to time without notice to you.

This User Agreement (the 'Agreement') governs the terms of the use by Client of services offered by ZCNet. ('Provider').

Client agrees to receive access to the ZCNet services according to the following terms and conditions:

1. Selection of Service Plan. Client will select one of the service plans offered by Provider, and agrees to receive services according to the service plan selected.

2. Payment for Services. Customer shall pay ZCNet for all charges listed on ZCNet’s invoice, including all shipping and handling charges and other charges incidental to the provisioning of the Services. Unless otherwise stated on the face hereof, all payments shall be due upon receipt of invoice. On any amounts not paid when due, Subscriber agrees to pay interest at the rate of 1.5% per month (18% per year) or, if such rate is in excess of the rate allowed by law, then Subscriber agrees to pay the highest rate allowed by law. In addition, Subscriber agrees to pay all costs of collection, including costs of litigation and reasonable attorneys’ fees. Subscriber agrees to execute financing statements and other instruments at ZCNet's request. A $20.00 (Twenty U.S. Dollars) collection fee will be charged for all dishonored checks. Any tax liability arising from Customer’s use of the Service (other than taxes on ZCNet income) will be Customer’s responsibility. Customer will pay all sales and use taxes relating to the Service, as well as all duties or levies on Products and Services.

3. Payment Terms. Unless otherwise subscribed or agreed, payment of the selected Service is due monthly on the first day of each calendar month for the Service to be rendered during the upcoming month. ZCNet reserves the right to adjust its fees for Service hereunder at any time in the event ZCNet experiences a rate increase from its telecommunications supplier. However, if Customer has signed a term agreement, ZCNet’s pricing will remain constant for the agreed-to term. ZCNet is not responsible for the pricing of any phone company service fees whether billed directly to Customer by the phone company or through ZCNet on behalf of the phone company. AUTHORIZED CHARGES TO CREDIT CARDS SHALL BE MADE IN ADVANCE, ON OR ABOUT THE FIRST DAY OF EVERY MONTH FOR THE TERM OF THIS AGREEMENT UNTIL TERMINATED AS PROVIDED HEREIN. A fee of $15 (Fifteen U.S. Dollars) will be assessed for the following reasons: (1) late payment, (2) payment with insufficient funds, (3) denied or invalid credit card number, or (4) restart of Service terminated for non-payment. Payment is late after the fifth (5th) day of the month. ZCNet may change any fee, rate, or plan upon thirty (30) days notice. Refunds, if any, from termination or cancellation of term or pre-paid accounts are only available as if the Customer were a month-to-month Customer, and will not be based on the discount the Customer may have received for prepaying the account.

4. Payment Method. CUSTOMER HEREBY AUTHORIZES CHARGES TO BE MADE IN ADVANCE TO THE IDENTIFIED CREDIT CARD EACH MONTH FOR THE DURATION OF THIS AGREEMENT IN THE AMOUNT OF THE SELECTED SERVICE SET FORTH BELOW OR AS CHANGED BY ZCNet AFTER NOTICE TO CUSTOMER.
   Any chargebacks to credit cards without communicating with us first will be treated as Fraudulent. All details, including original application form, these Terms and Conditions, Rules of Membership (bearing the members agreement), username, IP addresses and access logs bearing members IP addresses and/or e-mail addresses and username will be forwarded to the issuing Credit Card Company (Fraud Division), FBI (Credit Card Fraud Division) and all Credit Reference Agencies which will probably result in a query into members credit card payment habits. Credit Card Fraud is a serious crime and will not be tolerated.
   Payment may be made by check or purchase order only by key accounts and only upon prior authorization by ZCNet. Customer additionally authorizes periodic verification of credit worthiness. ZCNet, in its sole discretion and judgment, may discontinue credit at any time without notice.

5. Term. This Agreement may be terminated by Client or Provider at any time without prior notice and without cause. If either party is in default under this Agreement (including nonpayment), then the nondefaulting party may also immediately terminate the Agreement without prior notice to the other party.

6. Compliance with Law. Client will use the services offered by Provider in a manner consistent with all applicable local, state and federal laws and regulations.

7. File Back-up. Provider is not responsible for Client's files residing on Provider's servers. Client is solely responsible for independent backup of data stored on Provider's servers.

8. Prohibition of Publication of Certain Material. Client shall not knowingly or unknowingly submit to Provider for publication any of the following material (including pictures, links, or any other content):

   (a) any material which violates or infringes any copyright, trademark, trade secret, patent, statutory, common law or other proprietary rights of others;

   (b) any material that is libelous or slanderous;

   (c) any material which is or contains anything obscene or pornographic; or

   (d) distribution lists to be used via unsolicited electronic mail or other mass electronic mailings including but not limited to: mass-newsgroup postings, SPAM and unsolicited email sent from your server, or any other service on the Internet, which contains your domain name or any other domain name on our network

   (e) Any abuse of shell account privileges including but not limited to:

   1. Use of any program/script/command, or sending messages of any kind, designed to interfere with a users terminal session, via any means, locally or by the Internet.
   2. Attempts to circumvent the idle daemon or time charges accounting, or attempts to run programs while not logged in by any method.
   3. Repeated running of CPU-intensive user-compiled programs which negatively impact other system users.
   4. Running eggdrop or any other IRC bot which is connected to a remote IRC server.

   Any violation of the above conditions will result in termination of Client's account.

   Due to the public nature of the Internet, all material submitted by Client for publication will be considered publicly accessible. Provider does not screen in advance Client's material submitted to Provider for publication. Provider's publication of mater ial submitted by Client does not create any express or implied approval by Provider of such material, nor does it indicate that such material complies with the terms of this Agreement.

9. DISCLAIMER OF WARRANTIES. PROVIDER'S SERVICE IS PROVIDED ON AN 'AS IS, AS AVAILABLE' BASIS.

   PROVIDER SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVE N IF PROVIDER HAS BEEN ADVISED BY CLIENT OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF PROVIDER'S SERVICE TO CLIENT IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, PROVIDER SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES, DURING THE PERIOD OF DISRUPTION OF MALFUNCTION.

10. Limitation/Disclaimer of Liability. Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilize.

    ZCNet does not guarantee the availability of the domain name that you want, even if the domain name appears to be available at the time of your registration request. As we rely on a second party to fulfill these registrations, ZCNet cannot be held responsible for this process. The domain name that you register is not finalized until you receive a bill from Network Solutions telling you the domain name is registered.

    ZCNet assumes no responsibility or liability for the successful acceptance and/or registration of your proposed domain name registration.

    Provider does not represent or warrant to Client that Client will receive continual and uninterrupted service during the term of this Agreement. In no event shall Provider be liable to Client for any damages resulting from or related to any failure or delay of Provider to provide service under this Agreement if such delays or failures are due to strikes, riots, fire, inclement weather, acts of God, theft or vandalism or other causes beyond Provider's control, as defined by standard practices in the industry. Such failure or delay shall not constitute a default under this Agreement.

11. Indemnity. Client agrees to defend, indemnify and hold Provider harmless from and against any and all claims, losses, liabilities and expenses (including attorneys' fees) related to or arising out of the services pr ovided by Provider to Client under this Agreement, including without limitation claims made by third parties (including customers of Client) related to any false advertising claims, liability claims for products or services sold by Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by Client for publication by Provider, but excluding those related to the negligence of Provider.

12. Resale of Provider's Service. If Client acts as a 'reseller' of the services provided by Provider to Client hereunder, by Client providing similar services to its customers, then all the terms of this Agreement shall provide to the resale. Without limiting the foregoing, Client's obligations under Section 9 ('Indemnity') shall apply to any and all claims made against Client and/or Provider which arise out of the resale of Provider's services.

13. Governing Law/Venue. This Agreement shall be governed by the laws of the State of California. Venue for any action hereunder shall be in Orange County, California.

14. Relationship of the Parties. The parties intend that an independent contractor relationship will be created by this contract, and that no partnership, joint venture or employee/employer relationship is intended.

15. Taxes. If any federal, state or local governmental entity with taxing authority over the services provided under this Agreement imposes a tax directly on the services provided by Provider to Client under this Agreement (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes), then Provider may pass the direct amount of such cost on to Client, and Client shall promptly pay such cost.

16. Waiver. Any party's failure to insist on compliance or enforcement of any provision of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement.

17. Attorneys' Fees. If a legal proceeding is commenced to enforce or obtain a declaration of rights under this Agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable attorneys' f ees and costs incurred in the proceeding from the nonprevailing party, as well as any reasonable attorneys' fees and costs that the prevailing party incurred prior to commencing the proceeding.

18. IP Addresses. Provider maintains control and any ownership of any and all IP numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numb ers and addresses.

19. Cancellation. In order to stop service, Client must follow the cancellation procedure which can be found at http://www.zcnet.com/cancel.html.