Acceptable Use Policy

This Acceptable Use policy document, including the following list of prohibited Activities, is an integral part of your Hosting Agreement with Zonode (Online Payments Inc). If you engage in any of the activities prohibited by this AUP document, Zonode may suspend or terminate your account and may result in criminal and civil liability. Zonode will investigate incidents involving such violations and may involve and will cooperate with law enforcement and our suppliers. if a criminal violation is suspected.

Zonode’s Acceptable Use policy (the “policy”) is designed to help protect Zonode, Zonode customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The policy is a non-exclusive list of the actions prohibited by Zonode. Zonode reserves the right to modify the policy at any time, effective upon posting here. Examples of Zonode system or network security violations include, without limitation, the following:

1. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

2. Sending Unsolicited Bulk Email (“UBE”, “spam”). The sending of any form of Unsolicited Bulk Email through Zonode servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on Zonode servers is prohibited. Zonode accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.

3. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Zonode customers must be Closed-loop (“Confirmed Opt-in”). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any Zonode-hosted domain, or referencing any Zonode account, is prohibited.

4. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.

5. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org/rokso.

6. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., “cracking”).

7. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.

8. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Zonode customers or end-users by any means or device.

9. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the Zonode network or on another provider’s network.

10. Using Zonode’s services to interfere with the use of the Zonode network by other customers or authorized users.

11. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

12. INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A WHOLESALE INTERNET, INC. CUSTOMER OR A CUSTOMER’S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER.

Customer Responsibility for Customer’s Users

Each Zonode customer is responsible for the activities of its users and, by accepting service from Zonode, is agreeing to ensure that its customers/representatives or end-users abide by this policy. Complaints about customers/representatives or end-users of any Zonode customer will be forwarded to the Zonode customer’s email address for action. If violations of the Zonode Acceptable Use Policy occur, Zonode reserves the right to terminate services with or take action to stop the offending customer from violating Zonode’s AUP as Zonode deems appropriate, without notice.

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