IRC
We currently do not allow IRC or IRC bots to be operated on our servers.

Server Abuse
Any attempt to undermine or cause harm to a server or customer of Zoomox.com is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
All sub-networks, distributive hosting sites and dedicated servers of Zoomox.com must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

Billing
By the Account Activation Date of each year, Zoomox.com shall either:
(1) debit the client's credit card (when such information has been provided by the client); or
(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current year. When an invoice is delivered to the client, payment shall be remitted to Zoomox.com by no later than the specified payment due date. Zoomox.com shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on an annual basis. All credit cards are billed automatically on an annual basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.

Service Fees
Certain services carry a setup fee charged by Zoomox.com to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to Zoomox.com and agrees to pay any and all fees incurred by client. Because the services are provided on an annual basis, the client will be responsible for service fees incurred each year, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the first month of a particular year, not necessarily a calendar year, the client will be responsible for service fees for the entire year, and such fees will not be pro-rated or refunded.

Money back guarantee & refund policy
We do not generally refund cancelled contracts. For example, if your contract is annually and you request a refund after two months, no refunds will be admitted. No refunds are issued for setup charges, add-on charges, purchases, add-on purchases, SSL certificates or overage charges. In case of AUP violations, any and all refunds are forfeit.

Your passwords and account security
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the services of Zoomox.com. Accordingly, you agree that you will be solely responsible to Zoomox for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Zoomox immediately at support@zoomox.com.

Cancellation Refunds
We DO NOT refund partial fees to accounts. Accounts are billed on an annual basis and any and all fees or charges will NOT be pro-rated or refunded.

• use a “frame buster” to remove the ZoomOx website frame maintained at the top of the ZoomOx web page
• are pornographic or of an adult nature
• depict nudity
• promote violence
• are hateful in any way
• are harassing or use spam in any way, shape, or form
• are libelous or defamatory
• are threatening or abusive
• are illegal or on the borderline
• violate the copyrights or trademarks of others
• are in such poor taste that we do not want the association.

All items to be displayed on Zoomox.com in the form of links, web pages, web sites, profiles, images, audio files, video files or any other items not listed should be in good taste and legal. Removal of items and termination of service is at the sole discretion of Zoomox.com.

Limitation of Liability
Zoomox.com shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Zoomox.com ' servers going off-line or being unavailable for any reason whatsoever. Furthermore, Zoomox.com shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site or advertisement from one of Zoomox.com’s servers. All damages shall be limited to the immediate termination of service.

Violations
Violations of these Acceptable Use Policies should be referred to support@zoomox.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer
Zoomox.com cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site or advertisement was functioning. Certain services provided by Zoomox.com are resold. Thus, certain equipment, routing, software and programming used by Zoomox.com are not directly owned or written by Zoomox.com. Moreover, Zoomox.com holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Zoomox.com sees fit.

Account Activation
By activating your account with Zoomox.com, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given.

Server Uptime Guarantee
Although Zoomox.com and our server facility has an excellent record for reliability, we do not offer an uptime guarantee. However, our network and servers are monitored continuously, and are rarely down except for scheduled maintenance and hardware and software upgrades.

Changes in Pricing and Policy
Zoomox.com reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.

Indemnification
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney's fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or service, your provision of Content, your violation of these Terms of Service or any other violation of the rights of another person or party.

DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND. Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.

LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.

Reservation of Rights
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.

Notification of Copyright Infringement
If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted on the Contact Us page of our website. [Other contact information including address or the information for a designated agent]

Applicable Law
You agree that these Terms of Use and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this web site is located, without regard to its conflict of law provisions. By registering or using this web site and service you consent and submit to the exclusive jurisdiction and venue of Richland County, Columbia, SC, USA. We reserve the right to change the venue at our convenience and discretion.

Miscellaneous Information
(i) In the event that these Terms of Use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain valid and intact; (ii) The failure of either party to assert any right under these Terms of Use shall not be considered a waiver of any that party's right and that right will remain in full force and effect; (iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of this web site or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (iv) We may assign our rights and obligations under these Terms of Use and we shall be relieved of any further obligation.

Acceptable Use Policy
Revision date: August 27, 2008

As a provider of web site advertising and other Internet-related services, Zoomox.com offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Zoomox.com respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Zoomox.com reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Zoomox.com has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using Zoomox.com' services. This AUP will be revised from time to time without notice and is a part of the Zoomox Terms of Service policy.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Zoomox.com cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Zoomox.com cannot monitor or censor the Internet, and will not attempt to do so, Zoomox.com cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that Zoomox.com does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over Zoomox.com' network and may reach a large number of people, including both subscribers and non-subscribers of Zoomox.com, subscribers' postings to the Internet may affect other subscribers and may affect Zoomox.com' goodwill, business, reputation or operations. For these reasons, subscribers violate Zoomox.com policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Spamming:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Zoomox.com, but also because it can overload Zoomox.com' network and disrupt service to Zoomox.com' subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Zoomox.com will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore Zoomox.com reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should Zoomox.com choose to pursue and prosecute.

Audio/Video Streaming:
Audio/Video Streaming is not hosting friendly. As such, Zoomox.com does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.

Adult-Oriented Content:
Zoomox.com does not allow adult content and will suspend/terminate any offending account.

Large File Policy:
Zoomox.com is not for file hosting and distribution - as such, customers may not host any files larger than 50MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail support@zoomox.com.

Obscene Speech or Materials:
Using Zoomox.com' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Zoomox.com is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Defamatory or Abusive Language:
Using Zoomox.com' network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points outside the United States.

Usenet Groups:
Zoomox.com reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

Other Activities:
Engaging in activities, whether lawful or unlawful, that Zoomox.com determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Zoomox.com will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with Zoomox.com' policy or applicable law. However, when Zoomox.com becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Zoomox.com.

Zoomox.com is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching Zoomox.com' facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Zoomox.com does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Zoomox.com reserves the right to directly take action against a customer of its subscribers. Also, Zoomox.com may take action against the Zoomox.com' subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Zoomox.com anticipates that subscribers who offer Internet services will cooperate with Zoomox.com in any corrective or preventive action that Zoomox.com deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Zoomox.com policy.

Zoomox.com will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Zoomox.com may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Zoomox.com may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Zoomox.com assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Zoomox.com may disclose subscriber information or information transmitted over its network where necessary to protect Zoomox.com and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Zoomox.com will never sell information to other services or outside companies.

Zoomox.com expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate Zoomox.com policy. Finally, Zoomox.com wishes to emphasize that, in signing the Service Agreement, subscribers indemnify Zoomox.com for any violation of the Service Agreement, law or Zoomox.com policy resulting in loss to Zoomox.com or the bringing of any claim against Zoomox.com by any third party. This means that, if Zoomox.com is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against Zoomox.com, plus costs and reasonable attorney's fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including Zoomox.com and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to support@zoomox.com.