Acceptable Usage Policy

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 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.

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.

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
• Pirated Software/Warez
• Image Hosting Scripts (similar to Photobucket or Tinypic)
• AutoSurf/PTC/PTS/PPC sites
• IP Scanners
• Bruteforce Programs/Scripts/Applications
• Mail Bombers/Spam Scripts
• 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

2.5 Examples of unacceptable material on all Dedicated servers include:

• IRCD (irc servers)
• IRC Scripts/Bots
• Pirated Software/Warez
• IP Scanners
• Bruteforce Programs/Scripts/Applications
• Mail Bombers/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)

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.

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, improper expose of trade secrets, child pornography, 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.  Notice of the update, revision, and amendment will be posted in our archive area with links found at the bottom of this page and/or in mailings to your primary ZOOM.PH email account and will be effective on the date noted in the posting.
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.
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.

13. Disk Space

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 90 seconds or 1% of the servers CPU resources for longer than 5 minutes. There are numerous activities that could cause such problems; these include: 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.
g) Run any gaming servers such as counter-strike, half-life, battlefield 1492 etc

14. Bandwidth Use

4.1 The intention of ZOOM Hosting is to provide a considerable bandwidth for transfer of web documents.  If Client violates this and uses ZOOM Hosting as an offsite storage area for non website related electronic files, he/she may be billed for overages. 

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 or terminated.  Unused allocated bandwidth cannot be carried over to the next month. 

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.