This Policy specifies the duties and
responsibilities encumbent upon Zolotek towards their users, and also specifies certain
actions prohibited by Zolotek for users of
the Zolotek Network. Zolotek reserves the right to modify this Policy at any
time to stay in compliance with any laws, regulations and security requirements.
By using Zolotek services, any customer, employee or third party unconditionally
accepts the terms of this policy.
In brief: NO SPAM - NO PORN - NO WAREZ
Zolotek's Responsibilities
Zolotek guarantees that our network will be available 99.99% of the time in a
given month, excluding scheduled
maintenance. Zolotek will refund the customer 5% of the monthly fee per
additional 30 minutes downtime (up to 100% of customer's monthly fee). Network
uptime includes functioning of all network infrastructure including routers,
switches and cabling. Network downtime exists when a particular customer is
unable to transmit and receive data and Zolotek records such failure in
the Zolotek trouble ticket system. Network downtime is measured from the
time the trouble ticket is opened by a customer to the time the server is once
again able to transmit and receive data. This guarantee extends to the services which
we provide and monitor, including the Interchange daemon which we guarantee will be
available to run Interchange catalogues. However, as individual
Interchange catalogues are under the control and responsibility of the individual
site owner (who is free to misconfigure the catalogue in such a way that the Interchange
daemon is unable to run it), and therefore beyond our control or responsibility, this
guarantee cannot extend to individual Interchange catalogues.
We also guarantee that if you are dissatisfied with your hosting or server package for
any reason then we will refund the monthly charge without quibble if requested to do so
within 30 days of making the original booking. Thisr 30 day refund guarantee applies to
the normal hosting charges for any of our packages, but does not apply to setup fees
for either servers or OpenWebShop. These setup fees are not refundable.
Illegal
Use.
The Zolotek Network
may be used only for lawful purposes. Transmission, distribution or
storage of any material in violation of any applicable law or regulation
coming to or from any unauthorised network or system is prohibited.
This includes, but is not limited to, material protected by copyright,
trademark, trade secret or other intellectual property rights used without
proper authorisation; government and military data protected by law
and national security; university and academic data protected by public
policy; and material that is obscene, defamatory, illegally
threatening, or violates any pertinent laws. Any violation of the above
which compromises the integrity of the Zolotek Network or any other network
is strictly prohibited.
Network
and Machine Resources.
Zolotek reserves the right
to monitor and allocate network and machine resources. IP addresses are allocated
per package and per domain, as are cgi resources. Zolotek in its sole discretion and upon reasonable
notice to customer reserves the right to discontinue any hosting account and/or
any script which causes excessive server load and/or uses excessive server and
network resources. For example, we have one Interchange daemon running for all
catalogues on each server. This is sufficient to serve all catalogues, and running
another such daemon is expressly prohibited. To do so would simply soak up system
resources and degrade performance for all users. IRC bots are also expressly banned, and
any account found running such a bot will be terminated immediately without recourse.
System
and Network Security.
Violations of system
or network security are prohibited, and may result in criminal and civil
liability. Zolotek will investigate incidents involving such violations
and may involve and co-operate with law enforcement authorities if a
criminal violation is suspected. Zolotek respects the privacy of customer
data and vigilantly protects that data and ALL customers who host with
us. If any violation of the law or this Acceptable Usage Policy is suspected,
Zolotek reserves the right to investigate. Use of the Zolotek network
constitutes consent to monitoring. Examples of unlawful acts, system, or
network security violations include, but are not limited to, the following:
- Unauthorized
access to or use of data, systems or networks, including any attempt
to probe, damage, scan or test the vulnerability of a system or network
or to breach security or authentication measures without express and written
authorisation of the owner of the system or network.
- Unauthorised
monitoring of data or traffic on any network or system without express
authorisation of the owner of the system or network. Interference
with service to any user, host or network including, but not limited to,
mailbombing, flooding, deliberate attempts to overload a system and
broadcast attacks.
- Unauthorised
access to any data, system, or network from an unauthorised system
or network for any purpose which is not lawful or which is intended
to do harm.
- Forging of any
TCP-IP packet header or any part of the header information in an email
or a newsgroup posting. Electronic forging of any kind to include,
but not limited to, IP addresses, domains, business names, etc.
Monitoring and Privacy
Notwithstanding our policies against pornographic or other unacceptable
material, we respect the rights of our customers to their privacy. Accordingly,
we do not monitor any of our customers's sites for the type of material they may
or may not have posted there. It is our policy that, as our customers are aware of
our policies with respect to unacceptable materials, then it becomes the responsiblity
of those customers to ensure that they stay within our guidelines, and all legal
culpability devolves to our customers alone and not to Zolotek. However, if notice
is served to Zolotek by a responsible body to the effect that any of our customers
are breaking these policies and making public material that is unacceptable, then we
will fulfil any legal duty imposed on us to the extent that we will provide copies of
such material, logs or other records as legally required from us. We will not go beyond
any such legal requirements, and any such request must be properly legal and binding
and leave us with no other legal choice but compliance.
Email.
Sending unsolicited
mail messages, including, but not limited to, unwanted advertising and
informational announcements, is explicitly prohibited. A user shall
not use another site's mail server to relay mail without the express
permission of the site owner. Legitimate mailing lists and subscriber
lists are acceptable. Otherwise, it is spam.
Indirect
or attempted violations of the policy, and actual or attempted violations
by a third party on behalf of a Zolotek customer or a customer's end user,
shall be considered violations of the policy by such customer or end
user.
For Example:
If you are hosting
a bulk email site on Zolotek servers and you use another ISP to SPAM from
in order to reference your Zolotek site by IP address or domain name, you
are violating Zolotek policy twice over and possibly the law.
-
Though you have been
granted SSH access to Zolotek servers, you must come from a valid IP address.
Forgery is against the law.
-
Any type of denial
of service attack from valid or invalid addresses is a violation of
Zolotek security policy and against the law.
-
Though you have been
granted password privileges for FTP and SSH, sharing your passwords
with an unauthorised user or third party is strictly prohibited.
Payment policy
We do not have written contracts. You simply pay in advance for a
month's hosting according to the package you have ordered, and if you
wish to stop paying then you may do so and we will cancel your account.
Payment may be made by credit card at the time of ordering, through our
secure server. We do not keep your credit card details on our
server, so there is no risk to you of your card being stolen from us.
If you wish to make other arrangements, eg, paying by bank draft
or direct debit, or using
Paypal, or you wish to further discuss your payment options, then please
email us.
Complaints regarding
illegal Use or System or Network Security issues should be sent to
network@zolotek.net
Complaints regarding
email abuse or spam should be sent to abuse@zolotek.net
Zolotek does not tolerate
any pornographic material, incitement to hatred or violence, or spamming and
these infringements will result in an investigation and the possible termination
and removal of the site without recourse. Zolotek takes pride in being a responsible
member of the Internet community, and is committed to providing a quality service
to all of our customers, all of the time.
