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Acceptable Usage Policy

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Acceptable Use Policy


Introduction, Purpose, and General Terms
Content and Lawful Use
ZOOM Hosting No-Spam Policy
Domain Registration and Renewals
Violations of Acceptable Use Policy
Reporting of abuses and violation
Addressing of Complaints
Account Policies and Cancellation
Revisions to this Acceptable Use Policy
Miscellaneous
Code of Conduct
Prohibited scripts, software, and misuse of system resources
Disk Space
Bandwidth and Storage Use
Internet Etiquettes
Disclaimer

ZOOM.PH, hosting brand of iConcept Global Advertising Inc, provides cloud hosting and dedicated services to its clients to help them maintain an online presence that is beneficial in their informational and commercial endeavors. The use of services from ZOOM.PH or submission of an online order form constitutes acknowledgement and agreement to the terms outlined in this Acceptable Use Policy (AUP).

1.Introduction, Purpose, and General Terms

1.1 This website gives you an opportunity to learn about ZOOM.PH and the products and services it offers. By using this site, and any other sites or services owned, operated, or provided by ZOOM.PH, you signify your agreement to the terms, conditions, and notices of this policy. “You” refers to customer or client. “Company” refers to either ZOOM.PH or its mother company iConcept Global Advertising Inc.

1.2 This Acceptable Use Policy is used in conjunction with the Terms of Registration (TOR), Terms of Service (TOS), Privacy Policy and other legal document including signed contract and job order deemed relevant to providing hosting and/or domain registration services.

1.3 This document presents the principles, guidelines, and requirements of the Acceptable Use Policy of ZOOM.PH governing the use by the Customer of the Company’s services and products.

1.4 Acceptable Use Policy strives to comply with local and international laws affecting the services offered by ZOOM.PH.

1.5 ZOOM.PH reserves the right to impose reasonable rules and regulations in connection with the use of the services it offers. Customer also acknowledges the right of ZOOM.PH to make reasonable changes on the services it offers, including but is not limited to pricing, acceptable contents and use.

1.6 ZOOM.PH reserves the right to transfer accounts to another server without permission from the owner when it deem necessary to protect the interest of ZOOM.PH and its customers.

2.Content and Lawful Use

2.1 ZOOM.PH will not exercise editing, monitoring, and censorship of the contents hosted at Zoom Hosting. Therefore, clients are responsible for whatever content they upload.

2.2 While ZOOM.PH cannot and will not censor all information and content from clients, all services provided by ZOOM.PH shall be used for lawful purposes only. ZOOM.PH will adhere to legal orders from government agencies and private entity with legal authority to impose sunctions on domain and hosting accounts. We will abide by the legal orders coming from Government of the United States of America, Philippine Government or legal orders directed to private entities such as but not limited to SOFTLAYER Technologies, Inc. and eNom, Inc. ZOOM.PH also adheres to request from anticyber crime / anti-fraud agencies to suspend, terminate, collect data from suspicious accounts found to be participating in fraud and illegal activities.

2.3 Encrypted contents can be subjected to scrutinity to protect the interest of users in the system. ZOOM.PH reserves the right to remove encrypted files, move it to another server, suspend or terminate an account as it deem necessary to protect other users in the server.

2.3 ZOOM.PH will neither be held liable for any violation that may be committed by Client nor any damages, such as lost of profit or savings, or other incidental, consequential, punitive, or special damages arising out of the hosting services due to circumstances beyond our reasonable control.

2.4 Examples of unacceptable material on all Shared servers include:

  • Topsites
  • IRC Scripts/Bots
  • Proxy Scripts/Anonymizers
  • Downloadable media files, i.e. Movies, Music, Animated content
  • Video or Audio Streaming Sites, Download Sites or sites that stores files that are not meant for web publication
  • Pirated Software/Warez
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Spam Scripts
  • Link Farms
  • Black Hat SEO related Contents
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to rapidshare)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • MUDs/RPGs/PBBGs
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Push button mail scripts
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
  • Anonymous or Bulk SMS Gateways
  • Defamatory contents, gender discriminatory contents, contents / URL / codes that contains words that is obscene, socially unacceptable, immorality, taboo, racial discriminatory, and other offensive launguages as deemed unsuitable for business web publication by ZOOM.PH.

ZOOM.PH reserves the right to determine if contents, domain name, URL, embedded codes, images, animation is in direct or indirect violation of these contents. ZOOM.PH further reserves the right to immediately and without notice, suspend any doutful account specially when there are indications of possible abuse or attack. ZOOM.PH further reserves the right to suspend accounts which contents are encrypted and where there are indications that accounts can be used as jumping board for an attack.

2.5 Examples of unacceptable material on all servers include:

  • IRCD (irc servers)
  • IRC Scripts/Bots
  • Pirated Software/Warez
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Spam Scripts
  • Escrow
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

ZOOM.PH reserves the right to determine if contents, domain name, URL, embedded codes, images, animation is in direct or indirect violation of these contents. ZOOM.PH further reserves the right to immediately and without notice, suspend any doutful account specially when there are indications of possible abuse or attack. ZOOM.PH further reserves the right to suspend accounts which contents are encrypted and where there are indications that accounts can be used as jumping board for an attack.

3. ZOOM Hosting No-Spam Policy

3.1 Customers are expected to comply with the ZOOM Hosting No-Spam Policy presented in this section.
3.2 While ZOOM.PH allows the use of mailing scripts and newsletters, the company doesn't encourage sending of unsolicited emails.
3.3 If another person happens to receive unsolicited commercial electronic mails, he/she may report any violation of the No-Spam Policy by following the instructions presented at the section of Reporting of Abuses and Violation.
3.4 ZOOM.PH defines spam (or “spam email,” “junk email,” “mass email”) as a message, usually sent for business or commercial purposes, sent to one or more recipients with whom no pre-existing business or personal relationship has been established. These unsolicited messages are usually received on a daily basis.
3.5 ZOOM.PH reserves the right to notify client to remove the complaining party to its mailing list or to totally suspend/stop sending of unsolicited emails upon receipt of orders from authority or upon discretion of ZOOM.PH.
3.6 Sending of bulk mails may cause certain RBLs or mail provider to block our dedicated IP address that may affect other customers in a shared hosting server. Because of this reason, mass mailing is only allowed in ENTERPRISE CLOUD packages where accounts are given their own dedicated IP address.
3.7 Sending of mass mail consumes considerable amount of CPU power and memory, mass mail sending is limited to 100 mails per hour and maximum of 500 recipients in the mailing list unless you are hosted in a dedicated server. If you need to send more than these limits, please open a support ticket
3.8 In order to protect other customers hosted in shared hosting accounts, ZOOM.PH reserves the right to modify password of an email account being used as relay to stop mass mail sending, suspend an account or do whatever is necessary to prevent a system overload if mass mail sending is consuming too much computing power.

4. Domain Registration and Renewals

4.1 By authorizing ZOOM.PH to register your domain name, Client is bound by the terms of registration agreement.
4.2 Domain name registrations and/or renewals are completed only after payment has been received.
4.3 Client shall be responsible in monitoring the renewal date of domains registered through ZOOM.PH ZOOM.PH will not be held liable for domain expiries due to failure to pay registration or renewal fees or ZOOM.PH's failure to notify the client or client not being able to receive notification.
4.4 Client acknowledges that failure to renew the domain name registration during a set period of time signifies abandonment of the domain name registration that may lead to making it available for sale and registration by a third party.
4.5 ZOOM Hosting reserves all rights, without limitation, to reject the domain name transfer request away from ZOOM.PH for the following reasons, but not limited to:
* No response from the Registered Name Holder or Administrative Contact
*Domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for the status change
*Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
*YOU agree and acknowledge that the failure or success of a domain name transfer will be his/her sole responsibility, and ZOOM Hosting will not be held liable for the failure of a domain name transfer for any reason.
*Domain registrations are non-refundable. Please do not purchase the domain name until you are certain that it is exactly what you would like to buy and that it is spelled correctly.

5. Violations of Acceptable Use Policy

The following are the violations resulting from improper usage of services provided by ZOOM.PH.
5.1 Use of services to perform an act clearly violating laws of the state would constitute a criminal offense. This includes transmitting, posting, storing or presenting data or information that aids in the processing of illegal goods and services, terrorism, and the like.
5.2 Other violations include fraudulent financial activity, phishing or falsification of identity, copyright and trademark infringement, gambling, defamation, improper expose of trade secrets, pornography, nudity, child pornography, vulgarism, spamming, spreading of harmful viruses, and threats and harassments.
5.3 Use of domain and hosting services to transmit, store, and display illegal or obscene contents and publish materials protected by copyrights, trademarks, service marks, patents and other related laws are grounds for suspension and termination without prior notice.
5.4 Other activities not above mentioned but are deemed injurious to fellow clients and network operations shall be addressed on a special basis.

6. Reporting of abuses and violation

6.1 ZOOM.PH advocates the positive use of our services to help entities achieve their goals.
6.2 However, the Company requests for the vigilance of netizens and aid in reporting violations of this Acceptable Use Policy.
6.3 Reports of violation may be submitted here. Include in the report any evidence of violation committed to enable us to verify your complaints.

7. Addressing of Complaints

7.1 Upon receipt of report/s, ZOOM.PH in its sole discretion may conduct an investigation.
7.2 Being the Client’s hosting provider, ZOOM.PH reserves the right to perform measures to correct the abovementioned abuses and violations.
7.3 Upon verifying complaints, ZOOM.PH may perform without notice one or more of the following actions depending on the weight of offense:
*Issuance of written or verbal warning
*Removal of content violating this AUP
*Suspension of services
*Termination of services

8. Account Policies and Cancellation

8.1 In order to cancel domain and/or hosting services, Client must cancel the service inside the client area or send formal request here at least 30 days before service expiration.
8.2 Cancellation made within the 30-day beginning period of hosting service is subject to the ZOOM.PH 30-day money back guarantee. Cancellation after the said period is no longer refundable.
8.3 On the other hand, payments made for the domain registration are not refundable.

9. Revisions to this Acceptable Use Policy

9.1 ZOOM.PH reserves the right to update, revise or amend this policy.
9.2 By continuing to use ZOOM.PH services after the updates, revisions, or amendments are effective, Client acknowledges and agrees to abide by them.

10. Miscellaneous

If any section of this Acceptable Use Policy is deemed invalid or unenforceable, the remaining sections will remain in full force and effect. Client agrees to indemnify, defend and hold harmless ZOOM.PH, its directors, officers, and employees against all claims and expenses resulting from any violation of this AUP.

11. Code of Conduct

11.1 ZOOM Hosting is designed to serve the web hosting needs of most companies, especially those small, independently owned and operated businesses.
11.2 ZOOM.PH shall strive to provide clients a personalized service.
11.3 Client must take reasonable security precautions especially the confidentiality of your password.
11.4 Periodic changing of password for ZOOM Hosting client account is encouraged, but storing the login details on a secure place is strongly recommended to prevent forgetting of details.
11.5 Clients may use their ZOOM Hosting account for bulk commercial email, mailing lists and email reflectors if and only if the intended recipients signified consent to receive a correspondence from you.
11.6 Actions taken with the help of ZOOM Hosting account must comply with CAN SPAM ACT and other related laws.

12. Prohibited scripts, software, and misuse of system resources.

12.1 Any activity that is intentionally or unintentionally causing harm to resources of any server in ZOOM.PH is prohibited. This includes but not limited to use of high CPU time consuming software, improper use of server space, unauthorized reselling, and unauthorized access to remote systems, using shared hosting account's email for sending or receiving system notification to multiple recipients periodically or continously.
12.2 Internet Relay Chat (IRC), CGI or PHP-based shell scripts, web proxy scripts, and other script and software aimed at illegal accessing of a website, server or channel and other relative objectives are likewise prohibited and therefore are grounds for suspension and termination of an account. Scripts such as online training, forum, advertisement boards, real-estate property listing maybe allowed provided that traffic is within reasonable degree for a shared resource and email notification to members do not exceed an average sending limit of 400 emails per hour and is not causing RBLs and popular mail providers to block shared or dedicated IP address. ZOOM reserves the right to determine if an account is using up resource beyond the average business usecase for the package and may recommend an upgrade or transfer to another dedicated virtual machine or server

13. Computing Resource

13.1 ZOOM Hosting Customers may not imitate the following as this may result in termination of your account with no refund.

a) Use 25% or more of system CPU resources for longer than 300 seconds or 10% of the servers CPU resources for longer than 10 minutes. There are numerous activities that could cause such problems; these include: cron jobs, CGI scripts, FTP, PHP, HTTP, etc.
b) Use of any kind of distributed computing software, including but not limited to SETI@home, Node Zero and Folding@home.
c) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
d) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons.
e) Run any software that interfaces with an IRC (Internet Relay Chat) network.
f) Run any file sharing, bit torrent or other P2P network services, client or server software including but not limited to gaming, inventory system, high volume transactional database, high volume file upload / download scripts and other non-conventional business website application.
g) Run any gaming servers such as counter-strike, half-life, battlefield 1492 etc
h) Using email service as a catch-all mail for forwarded emails coming from different server or using email to receive automated and high volume email notifications from a 3rd party systemm or server

14. Bandwidth and Storage Use

14.1 The intention of ZOOM Hosting is to provide a considerable disk space and bandwidth for storage and transfer of web documents. If Client violates this and uses ZOOM Hosting as an offsite storage area for non-website related electronic files, backup storage, multimedia streaming, client-server application including P2P network services, gaming, or forums / portal and other non-conventional business website application that use up considerable server resource and bandwidth, he/she may be billed for overages or the account maybe suspended due to violation of this policy.

Client agrees to use the allowable bandwidth depending on the chosen package. Should your account exceed the allocated bandwidth allowance, your account may be suspended. Unused allocated bandwidth cannot be carried over to the next month. ICONCEPT reserves the right to suspend and terminate an account violating this AUP or to move the account in another server operated by ZOOM.PH in order to protect other accounts in the server. Storage is defined as the amount of data stored in an account including email and email attachments, web files, media files, program and script files and virtually anything that you upload inside your account’s home directory and its sub-directories. Each account, except for Unlimited Cloud Packages has a certain storage capacity in Gigabytes. Aside from these limits, ZOOM Hosting imposes another limit based on the number of files that are allowed to be stored in an account. This is called iNode limit. Inode limit for each package is defined in the table below.
Soft Limit can be exceeded for a period of time called Grace Period and when the Hard Limit is reached, even if your account is still within Grace Period after hitting soft limit, you will no longer be able to store any more files in the disk nor receive email. Your website or email may not function at this point.

SOFT LIMIT HARD LIMIT GRACE PERIOD
CLOUD-MINI 10,000.00 15,000.00 30 days
CLOUD-BASIC 50,000.00 75,000.00 30 days
CLOUD-PRO 100,000.00 150,000.00 30 days
CLOUD-BIZ 150,000.00 225,000.00 30 days
UNLI-BASIC 20,000.00 30,000.00 30 days
UNLI-PRO 60,000.00 90,000.00 30 days
UNLI-BIZ 100,000.00 150,000.00 30 days
CLOUD-CORP 200,000.00 300,000.00 30 days
CLOUD-PORTAL 250,000.00 375,000.00 30 days
CLOUD-ECOMM 300,000.00 450,000.00 30 days
CLOUD-ZOOM 350,000.00 525,000.00 30 days
SHCLOUD-BASIC 50,000.00 75,000.00 30 days
SHCLOUD-PRO 100,000.00 150,000.00 30 days
SHCLOUD-BIZ 150,000.00 225,000.00 30 days
SHCLOUD-CORP 200,000.00 300,000.00 30 days

15. Unlimited Cloud Packages

What “UNLIMITED means - ZOOM Hosting does not set an arbitrary limit or cap on the amount of resources a single Subscriber can use. In good faith and subject to these Terms, ZOOM Hosting makes every commercially reasonable effort to provide its Subscribers with all the storage and bandwidth resources needed to power their web sites successfully, as long as the Subscriber's use of the service complies with these Terms. By not setting limits on key resources, we are able to provide simple, consistent pricing to our Subscribers as they grow their websites. As a result, a typical website may experience periods of great popularity and resulting increased storage without experiencing any associated increase in hosting charges. Unlimited packages are not metered so you can enjoy specialized hosting needs such as start-up to medium scale business websites, intranet websites, private group websites, landing pages, promotional websites, affiliates websites and other specialized hosting needs where owner wants utmost flexibility in bandwidth and without having to worry about website being suspended due to quota being exceeded. These packages are designed for gradual disk and bandwidth usage growth that is predictable and at a reasonable rate commensurate to the amount of the package the website owner is paying. This is on the premise that storage per dollar spent is increasing every year and therefore, accounts that grows at a reasonable rate commensurate to the increasing storage density are understandably allowed to be paying the same amount month-by-month or year-by-year even if their usage is increasing because disk density is also increasing.

What “UNLIMITED does not mean - ZOOM Hosting employs complex mechanisms to protect its Subscribers and systems from abuse. ZOOM Hosting's offering of "unlimited" services is not intended to allow the actions of a single or few Subscribers to unfairly or adversely impact the experience of other Subscribers. ZOOM Hosting's service is a shared hosting service, which means that multiple Subscriber web sites are hosted from the same server and share server resources. ZOOM Hosting's service is designed to meet the typical needs of small business and home business website Subscribers in the United States. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server. ZOOM Hosting will make every commercially reasonable effort to provide additional resources to Subscribers who are using their website(s) consistent with these Terms, including moving Subscribers to newer and bigger shared servers as necessary. However, in order to ensure a consistent and quality experience for all Subscribers, ZOOM Hosting does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system until ZOOM Hosting can evaluate said sites resource needs. In reality, UNLIMITED does not mean that you can have any number of files in your account and any file size. Servers run on electricity and requires cooling system, secured environment, geo-redundant giga-fiber optic network connection and need professionally trained server administrators to maintain and optimize. Current cost per Gigabyte of cloud storage used by ZOOM Hosting is around $ 0.40 / month, this doesn’t include cost of other computing resource such as Bandwidth, CPU, RAM and server administration cost. A lot of newbie thinks that they can get away paying thousands of dollars for a hit website getting millions of traffic daily and instead, pay only P100.00 per month. No, it's not practical in any business sense. All UNLIMITED HOSTING packages have an iNode limit of 150,000.

ZOOM Hosting does not set arbitrary limits on the amount of disk space a Subscriber can use for the Subscriber's website, nor does ZOOM Hosting charge additional fees based on an increased amount of storage used, provided the Subscriber's use of storage complies with these Terms. Please note, however, that the ZOOM Hosting service is designed to host websites. ZOOM Hosting does NOT provide unlimited space for online storage, backups, or archiving of electronic files, documents, log files, etc., and any such prohibited use of the Services will result in the termination of Subscriber's account, with or without notice. Accounts with a large number of files (inode count in excess of 150,000) can have an adverse affect on server performance, therefore is not allowed in a shared hosting environment. Similarly, accounts with an excessive number of MySQL/PostgreSQL tables (i.e., in excess of 1000 database tables) or of database size (i.e., in excess of 3GB total MySQL/PostgreSQL usage or 2GB MySQL/PostgreSQL usage in a single database) negatively affect the performance of the server. ZOOM Hosting may request that the number of files/inodes, database tables, or total database usage be reduced to ensure proper performance or may terminate the Subscriber's account, with or without notice.

Unlimited Cloud hosting packages have lower CPU and RAM usage to prevent website owners from abusing the unmetered packages and exhausting server resource, making it less ideal for moderate to high traffic business websites. Packages under our unlimited cloud are also not designed for file, mass mailing, video and image storage/sharing, backup storage, chat server, video and audio streaming and similar application. Unlimited Cloud packages cannot be assigned a dedicated IP address, we recommend choosing from one of our BUSINESS CLOUD or ENTERPRISE CLOUD packages for regular business web and email hosting use.


Internet Etiquettes

You may not engage in illegal, abusive, or irresponsible behavior, including:

a) Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to ZOOM Hosting and its customers) without express authorization of the owner of the system or network;
b) monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
c) Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
d) Use of an Internet account or computer without the owner's authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
e) Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
f) Any conduct that is likely to result in retaliation against the ZOOM Hosting network.
g) Use of ZOOM Hosting's network in a way that unreasonably interferes with ZOOM Hosting's other customers’ use of the network.

 Disclaimer
ZOOM.PH is under no duty to monitor or control customers’ activities and is not responsible for any misuse of the ZOOM Hosting.