This document sets forth the principles, guidelines and requirements of the Acceptable Use Policy of WorldzonePro, and its affiliates and/or subsidiaries. (collectively and individually, the "Company") governing the use by the Customer ("Customer") of the Company's services and products ("Services and Products"). The Acceptable Use Policy has been created to promote the integrity, security, reliability and privacy of Company's web site management facility, network, and Customer data contained within. Company retains the right to modify the Acceptable Use Policy at any time without prior notice to Customer and any such modification shall be automatically effective as to all customers when adopted by the Company.

Questions or comments regarding the Acceptable Use Policy should be forwarded to the Company via:
Email: contact-worldzonepro.com
The Worldzone Group LLC
401 Johnson Lane
Suite 102
Venice, Fl 34292

2. Compliance With Law.

Customer shall not post, transmit, re-transmit or store material on or through any of Company's Services or Products which, in the sole judgment of the Company (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, "Persons") or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Customer. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.

3. Prohibited Uses of Services and Products.

In addition to the other requirements of this Acceptable Use Policy, the Customer may only use the Services and Products in a manner that, in the Company's sole judgment, is consistent with the purposes of such Services and Products. If the Customer is unsure of whether any contemplated use or action is permitted, please contact the Company as provided above. By way of example, and not limitation, uses described below of the Services and Products are expressly prohibited.

Included, but not limited to:

3.1. General.

3.1.1.		Resale of Services and Products without the prior registered consent of the Company. To resell hosting, you must be a registered Reseller.
3.1.2.		Deceptive on-line marketing practices.
3.1.3.		Violations of the rights of any Person protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations, including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Customer.
3.1.4.		Actions that restrict or inhibit any Person, whether a customer of the Company or otherwise, in its use or enjoyment of any of the Company's Services or Products.
3.1.5		Material that is threatening, abusive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable; including posting other people's private information.
3.1.6		Hate propaganda or hate mongering, swearing, or fraudulent material or activity; this includes defamation of religions, race, color, creed, or lifestyles.
3.1.7		Content that promotes or encourages pornographic sites on our or other servers.

3.2. System and Network.

3.2.1.		Introduction of malicious programs into the network or server (e.g., viruses and worms).
3.2.2.		Effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient or logging into a server or account that the Customer is not expressly authorized to access. For purposes of this section, "disruption" includes, but is not limited to, port scans, flood pings, packet spoofing and forged routing information.
3.2.3.		Executing any form of network monitoring which will intercept data not intended for the Customer's server.
3.2.4.		Circumventing user authentication or security of any host, network or account.
3.2.5.		Interfering with or denying service to any user other than the Customer's host (for example, denial of service attack).
3.2.6.		Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable, a user's terminal session, via any means.
3.2.7.		Failing to comply with the Company's procedure relating to the activities of customers on the Company's systems.

3.3. Billing.

3.3.1.		Furnishing false or incorrect data on the order form, contract or online application, including fraudulent use of credit card numbers.
3.3.2.		Attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization, or other methods to document "use" of the Company's Services and Products.

3.4. Mail.

3.4.1.		Sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material, who were not previous customers of the Customer or with whom the Customer does not have an existing business relationship ("e-mail spam").
3.4.2.		Harassment, whether through language, frequency or size of messages.
3.4.3.		Unauthorized use, or forging, of mail header information.
3.4.4.		Solicitations of mail for any other e-mail address other than that of the poster's account or service with the intent to harass or to collect replies.
3.4.5.		Creating or forwarding "chain letters" or other "pyramid schemes" of any type.
3.4.6.		Use of unsolicited e-mail originating from within the Company's network or networks of other Internet Service Providers on behalf of, or to advertise, any service hosted by the Company, or connected via the Company's network.
3.4.7		Customer must always maintain a catch-all email account.
3.4.8		Damages to servers due to Customer accounts is Customer responsibility to prevent. IE: Mail flooding due to spam. Tools to prevent such damage is built into Customer Control Panel. Lack of use by Customer acknowledges Customer agreement to financially cover all potential damages as described in section 4 of this Agreement.

3.5. Usenet Newsgroups.

3.5.1.		Posting the same or similar messages to large numbers of Usenet newsgroup ("newsgroup spams").
3.5.2.		Posting chain letters of any type.
3.5.3.		Posting encoded binary files to newsgroups not specifically named for that purpose.
3.5.4.		Cancellation or superseding of posts other than your own.
3.5.5.		Forging of header information.
3.5.6.		Solicitations of mail for any other e-mail address other than that of the poster's account or service, with intent to harass or to collect replies.
3.5.7.		Use of unsolicited e-mail originating from within the Company's network or networks of other Internet Service Providers on behalf of, or to advertise, any service hosted by the Company, or connected via the Company's network.

3.6. Roles Regarding UNIX Virtual Hosting.

3.6.1.		Customer may not delete files created by the Company.
3.6.2.		Customer may not create/update/delete any file in the /usr directory tree unless given explicit access to do so.
3.6.3.		Customer may not install Microsoft© FrontPage Extensions unless updated via the Hsphere Control Panel.
3.6.4.		Customer may not create .rhosts or /etc/.host.equiv files.
3.6.5.		Customer may not implement any procedure or process that would allow one to login without using a password.
3.6.6.		Customer may not apply operating system and application patches to software not installed and solely maintained by the Customer, unless notification is given to the Company.
3.6.7.		Customer may not modify the system in any manner that restricts or alters access to the system by the Company's employees
3.6.8.		Customer may not acquire root privileges.
3.6.9.		Customer may not replicate or copy Company-provided files, code, directories or data except for the sole purpose of extracting Customer data.
3.6.10.		Customer may create/update/delete all aspects of Customer created accounts. This includs modifying directory permissions, etc.
3.6.11.		Customer may use FTP to create/update/delete files and directories.

 

4. Bounced Checks.

All Customer bounced checks will be turned over for collections.

5. Refunds.

30 Day Money Back Guarantee 
All requests for account cancellation and refund within 30 days of account purchase will be honored. 

Cancellation requests must be made by written confirmation from the contact email address registered for that hosting account. Cancellation requests cannot be made from a private message or post from our support forums or an email address not listed in the hosting account. The account will be closed upon receipt on the cancellation email.

Cancellation after your 30 day period
All requests for account cancellation after the initial 30 days will be honored and the account closed on the next billing period.

Requests of cancellation after the initial 30 days but still in an active billing period will incur a $35.00 administrative fee and be pro-rated from the day the account was closed.

4. Damages.

Customer shall take all necessary steps to avoid any abuse of Company resources. Any abuse of an open resource that occurs after Customer has received such notification shall be considered a violation of this Acceptable Use Policy and enforced as such. Enforcement can be one or all of the following depending on offense severity.

1. Removal of any/all virtual/colo account(s)

2. Recovery of damages due to account cancellations resulting from the abuse.

3. Recovery to tech overtime charges to address and repair appropriate damages.

4. Billed at a rate of not more than $120 per hour.

Company will make every attempt to notify the Customer of any abuse of resources or damages prior to making any charges to the Customer account. Company reserves the right, in their sole judgment, to waive any charges that are deemed excessive.

5. Resellers.

Resellers and their clients fall under these guidelines. Company suggests Resellers use this Acceptable Use Policy as a guideline for their own.

6. Agreement.

WORLDZONE reserves the right to change or amend the Acceptable Use Policy at any time and without prior notice. By submitting any file or content to WORLDZONE, you signify your agreement to the Acceptable Use Policy. If you do not agree to these terms, then please don't submit a home page.

The formation, construction and interpretation of this agreement shall be controlled by the laws of the State of Florida, U.S.A, as such law applies to agreements between Florida residents entered into and to be performed within Florida. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of this Agreement. Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of the state and federal courts in the State of Florida, U.S.A., and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts.

Last Update: January 2, 2004
Back to WorldzonePro.com

Back to Top

Subsidiary of The Worldzone Group LLC
SERVER SOFTWARE & LICENSE AGREEMENT for WORLDZONEPRO.COM

INTRODUCTION
This is a legal and binding agreement between you, the Customer, and The Worldzone Group, LLC. By using, installing or uploading to, or accessing the The Worldzone Group, LLC system, the Services and certain Products that are offered, as our Customer you agree to all of the terms and conditions of this agreement. If you do not agree to these terms, the Acceptable Use Policy or any other Terms and Conditions posted on the The Worldzone Group, LLC web site, all services will be discontinued, activation of the account will cease and your account terminated.

END USER LICENSE AGREEMENT
LICENSE GRANT. Subject to the provisions contained herein and payment of applicable fees, The Worldzone Group, LLC hereby grants to you a non-exclusive, nontransferable, license to use its accompanying proprietary software application products offered on the The Worldzone Group, LLC website ("Software",) for your own use. Such Software is protected by the laws of the United States and international treaties.

RESTRICTED USE. All rights not expressly granted herein are retained by The Worldzone Group, LLC and its licensors. Except as stated above, this Agreement does not grant the Customer any intellectual property rights in the Software. Customer shall not rent, lease, transfer or sublicense the Software. Customer shall not under any circumstances nor shall Customer permit a third party to (i) decompile, disassemble, reverse engineer or otherwise attempt to reconstruct or discover the source code of the Software or (ii) prepare derivative of the Software or (iii) remove any product identification, The Worldzone Group, LLC, trademark or other notice from the Software. Any such copy made by you shall be subject to this Agreement and shall contain all of The Worldzone Group, LLC's notices regarding The Worldzone Group, LLC's, trademarks and other proprietary rights as contained in the Software originally provided to you.

TITLE. The Software's organization, structure, sequence, logic, and source code are valuable to the Company. Any and all title, ownership rights, and intellectual property rights in and to the Software and Documentation shall remain at any and all times in The Worldzone Group, LLC and/or its suppliers. Title, ownership rights, and intellectual property rights in and to the content accessed through the Software is the property of the applicable content owner and may be protected by applicable law. This License does not give Customer any rights to such content.

LIMITED WARRANTY. The Worldzone Group, LLC warrants to the Customer, for a period of ninety (90) days from the date of this agreement, installation of Software, or use of services, whichever is earlier, that it will replace any defective media on which the Software is provided and that the Software, if not modified and if properly installed and used, will substantially conform to the material specifications set forth in the documentation, Such warranties are for the Customer's benefit only and are not transferable. The Worldzone Group, LLC does not warrant that the Software will operate error free or uninterrupted or will meet your requirements. Except for the express warranties stated in this section, the Softwares are licensed "as is" and The Worldzone Group, LLC specifically excludes and disclaims all warranties of merchantability, fitness for a particular purpose, statutory noninfringement of third party intellectual property rights and any warranty that may arise by reason of trade usage, custom or course of dealing and Customer hereby expressly waives any and all such warranties.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL The Worldzone Group, LLC OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSONS FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY DAMAGES IN EXCESS OF The Worldzone Group, LLC'S LIST PRICE FOR A LICENSE TO THE SOFTWARE AND DOCUMENTATION, EVEN IF The Worldzone Group, LLC SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

EXPORT CONTROLS. You may not download, use or otherwise export the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. In particular, but without limitation, none of the Software or underlying information or technology may be downloaded, used or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Haiti, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the
U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software provided to you online, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.

TERMINATION. This Agreement is effective until terminated. The Worldzone Group, LLC may terminate this Agreement immediately if Customer attempts to reverse engineer the Software or otherwise violate any of the restrictive uses as described herein. Otherwise, this Agreement may be terminated by either party for a breach of any of its material terms, provided the non-breaching party provides to the breaching party 30 days written notice describing such breach and offering the breaching party an opportunity to cure. Failure to cure a material breach within the notice period shall result in automatic termination of this Agreement. Should this Agreement be terminated for your material breach, Customer agrees to remove all copies of the Software or any part of the Software from any and all computer storage devices, and destroy the Software and all Documentation. At The Worldzone Group, LLC's request, Customer or any of Customer's authorized signatory on the account, shall certify in writing to The Worldzone Group, LLC that all complete and partial copies of the Software and the Documentation have been destroyed and that none remain in Customer's possession or under its control. The provisions of this Agreement except for the Section 1, "License Grant," shall survive.

MISCELLANEOUS. This Agreement represents the complete and exclusive statement of the agreements concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND The Worldzone Group, LLC AGREES TO FURNISH THE SOFTWARE AND DOCUMENTATION ONLY UPON THESE TERMS AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make. It enforceable, and such decision shall not affect the enforceability (i) of such provision under other circumstances or (ii) of the remaining provisions hereof under all circumstances. Headings shall not be considered in interpreting this Agreement. This Agreement shall be governed by and construed under the laws of the State of Florida as such law applies to agreements between Florida residents entered into and to be performed entirely within the State of Florida, except as governed by Federal Law. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(l)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement. Contractor manufacturer is The Worldzone Group, LLC. 401 Johnson Lane Suite 102, Venice, FL 34292

Last Update: January 2, 2004
Back to WorldzonePro.com

Back to Top