Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.
The Information We Collect:
Personally Identifiable Information is information that can be used to locate you, contact you, or determine your specific identity. When other information is linked to Personally Identifiable Information, it also becomes Personally Identifiable Information.
Netcom Zimbabwe collects Personally Identifiable Information from you in several ways:
- When you register for any Netcom Zimbabwe Service, we ask you for basic registration information, such as your name, company, address, email address, phone, fax, and other basic contact information ("Registration Information").
- When you place an order or subscribe to a product throughany Netcom Zimbabwe Service, we may collect the appropriate billing information, including your credit card number, expiration date, and billing address ("Billing Information"). This information is associated with your Registration Information in a database and will be kept for future purchases.
- We may ask you for voluntary personal information at other times, including but not limited to when you provide opinions, enter a contest or promotion, or report a problem with any Netcom Zimbabwe Service ("Optional Information").
- When you submit a request for more information or assistance, Netcom Zimbabwe will keep a record of the request and the manner in which it was processed ("Customer Service Information").
In addition to the collection of Personally Identifiable Information, we may also automatically receive and record information in our server logs from your browser, including your IP address, your computer's name, the type and version of your web browser, referrer addresses, and other generally-accepted log information. We may also record page views (hit counts) and other general statistical and tracking information. This information will not be not be associated with your Personally Identifiable Information.
The Way We Use Information
We use the information you provide about yourself to provide web design, web hosting and Search engine services. We do not share this information with outside parties except to the extent necessary to complete your request for our services. Netcom Zimbabwe reserves the right to reveal this information pursuant to a valid subpoena or court order.
We use return email addresses to answer the email we receive for tech support, customer service, web and email updates. Such addresses are not used for any other purpose and are not shared with outside parties.
Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
Our Commitment To Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
All online credit card transactions are performed only on secure servers through a secure SSL connection.
Netcom Zimbabwe may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf and to perform Site-related services (“Service Providers”). The types of Service Providers we use include, without limitation, service providers that provide the following types of services: credit card transaction administration, accounting, customer relationship management, webcasting, website maintenance, database management, web analytics and web and live chat hosting, design related services. Our Service Providers have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Our Commitment To Children's Privacy
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.
This website may provide links to third-party websites. Any such links are provided solely as a convenience to you. Netcom Zimbabwe has no control over these websites or their content and does not assume any responsibility or liability for these websites. Netcom Zimbabwe does not endorse or make any representations about these websites, or any information, materials, or products found thereon. If you access any of the third-party websites linked on this Web site, you do so at your own risk.
How You Can Access Or Correct Your Information
We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.
How To Contact Us
|1.1||Netcom / Netcom Zimbabwe / Us - Netcom Zimbabwe|
|Client / You / Customer / Prospects - The company or individual requesting the services of Netcom Zimbabwe|
|2.1||This page may be referenced in any contract you sign or any correspondence between Netcom Zimbabwe and you, the client.|
|2.2||Netcom Contracts will require you to have read and agree to Netcom's working Terms and Conditions. This page and any information contained herein are the respective Terms and Conditions referred to.|
|2.3||Correspondence in this regard shall be retained to show that the client has read and agrees to our terms and condition.|
|2.4||Any payments made to Netcom Zimbabwe imply implicitly that you agree to these and any other additional terms stated to you, the client..|
|3.1||Netcom Zimbabwe reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial or any material if we are unable to supply to the clients specifications/needs.|
|4.1||Quotes provided to prospects will be honoured for 10 days. A quotation is only binding once payment has been received by Netcom Zimbabwe, A new quote will then be provided upon request after the current 10 day period has expired|
|5.0||Charges, Fees, Refunds|
|5.1||An initial deposit of 25% or the stated amount in any Invoice or Quotation is due at contract signing. The remaining balance will be due upon the completion of the web development project before it is released to the client or published to the internet|
|5.2||Payment of the remaining balance implies implicitly that the contracted service(s) has/have been successfully completed.
Any and all future changes shall be billed unless otherwise included in your contract/invoice (i.e maintenance)
|5.3||A request to terminate services must be presented to Netcom in writing via post or electronic mail.|
|5.4||Should the client wish to cancel the order after contract signing and or receipt of initial desposit, Netcom does not offer a refund of any kind on any money paid. All designs, materials or services obtained up to this point in order to meet the project requirements shall remain the property of Netcom Zimbabwe.|
|6.0||Web Site Design Credit|
|6.1||All Netcom Design and Web Development clients will have a "Design by Netcom" link on their website in the footer of every page.|
|6.2||Custom application development may have a "Powered by Netcom" link.|
|6.3||This is non-negotiable. By hiring us to work on your website you are agreeing to this, and that you understand that this link may NOT be removed without our consent.|
|6.4||You may pay Netcom a fee of $150 (6.1) and $100 (6.2) to have this link permanently removed. Should this link be removed, Netcom Zimbabwe reserves the right to suspend your website (or to request that your account be suspended from your Hosting Service provider pending the resolution of this issue)|
|6.5||Should you have a new layout designed for your site by a company other than Netcom, you may remove the credit from your website.|
|7.0||Development & Delivery|
|7.1||Netcom shall provide the client with an estimate/approximate project duration before project commencement. We shall endeavour to complete the project in the stated time frame, but shall not be held liable for exceeding this approximation for any reason.|
|7.2||Netcom understands the importance of completing projects in a timely manner. We agree to complete the web design project within a maximum of 30 days from the date of contract signing.|
|7.3||If the client does not supply Netcom with complete text, graphic content and other requested materials for the contracted project within 10 days of contract signing, the contract becomes void and all deposits paid by the client are forfeited. The client may request a Project Extension in writing to Netcom for an additional fee of 20% of the project total cost for every 10 days of extension. All extension fees are due upon agreement of the extension between Netcom and the client.|
|8.1||Services purchased from Netcom are provided "as is" without warranty of any kind that the web design project will be uninterrupted or error free. In no event shall Netcom be liable to the client for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of the website, services, and/or goods provided to the client. This includes, without limitation, lost profits, business interruption, loss of data or other losses directly resulting from the use of the website, services, and/or goods provided to the client. The entire risk as to the quality and performance of the web design is with the client.|
|9.1||Please note that by submitting your down payment for our services you are agreeing to all of our terms of service as written here. Netcom reserves the right to change or update these terms at any time without prior notice.|
|1.1||These terms and conditions govern the legal relationship between NETCOM ZIMBABWE and its Users. TAKE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN PROVISIONS THAT DISCLAIM, LIMIT AND EXCLUDE THE LIABILITY OF NETCOM ZIMBABWE TO YOU AND THAT INDEMNIFY NETCOM ZIMBABWE AGAINSTcCLAIMS AND DAMAGES THAT IT MAY SUFFER AS A RESULT OF YOUR CONDUCT. Please read these terms and conditions carefully.|
|1.2||Netcom Zimbabwe shall use all reasonable endeavours to ensure that the short message service ("SMS service") is available on a 24 (twenty four) hour, 7 (seven) days a week basis. The customer is responsible for maintaining all devices and services necessary to enable access to the relevant Netcom Zimbabwe SMS service and use of such service.|
|2.0||CUSTOMER'S RESPONSIBILITIES AND LIABILITY|
|2.1||SMS Code of Practice: Customers shall be responsible for familiarising themselves and adhering to the SMS Code of Practice at all times as approved by Netcom Zimbabwe ("Netcom Zimbabwe").
|2.2||Malicious Disruption and Damage: Should the customer engage in malicious disruption or cause damage to any Netcom Zimbabwe services, infrastructure or systems the customer shall be liable for all damages (whether direct or indirect) and associated costs resultant from such conduct.|
|2.3||SMS and MMS Content: The customer accepts full responsibility for the content of messages transmitted by means of the SMS and/or MMS service and agrees not to submit any messages for transmission via the SMS and/or MMS service the content of which is improper, immoral and/or unlawful or which contains any violent, offensive, discriminatory, illegal or pornographic material.
The customer must ensure that the content of SMS and/or MMS messages do not cause disturbance or harassment to the recipient thereof. The Customer must further ensure that the necessary consents, authorisations and permissions are obtained or granted before making use of the SMS services
|2.4||SMS Content Interpretation: Netcom Zimbabwe and/or the respective GSM Network Operators shall not be responsible for refunding the cost of any SMS messages if the cell phone of the recipient interprets any part of the message differently to that originally intended by the sender; or if any third party application used in the creation of sending SMS messages interprets the message content differently to that originally intended by the sender. Netcom Zimbabwe advises testing any bulk SMS messages to a single cell number before sending as bulk, to avoid any complications.|
|2.5||Spamming: Netcom Zimbabwe and the respective GSM Network Operators will not tolerate the sending of unsolicited messages ("spamming") by the customer. The customer shall ensure that no SMS messages are sent to recipients who have advised that they do not wish to receive messages of a particular and or any kind. Failure to abide by the provisions of this clause will result in the suspension of access to the SMS service, without recourse to any fees paid to Netcom Zimbabwe. The customer hereby indemnifies Netcom Zimbabwe (including its agents, shareholders, employees, officers and subsidiaries) against any claims, loss or damage caused as a consequence of the failure by the customer to abide by the provisions of this spamming clause.|
|2.6||Message Validity: SMS messages submitted for transmission to the recipient shall have an assigned validity period of 24 (twenty four) hours during which time the relevant GSM Network Operator shall at regular intervals, attempt to effect delivery of the SMS messages unless an alternative validity period is selected by the client, where available. Should the validity of the message expire prior to successful delivery, all unsent messages shall be discarded without notice to the customer.|
|3.1||Netcom Zimbabwe shall make all reasonable endeavours to ensure uninterrupted and continued use of the Services, however the delivery of SMS messages is largely dependent on the effective functioning of Network Operators’ cellular networks, network coverage and the SMS recipient’s mobile handset. Netcom Zimbabwe does not and cannot guarantee the availability of any Service, the delivery of SMS messages or the compatibility between any message or content format and any particular mobile handsets or mobile operating systems.|
|3.2||Network Operators may modify, enhance, develop or discontinue components of their services at any time without prior notice, in which event Netcom Zimbabwe shall be entitled to modify, enhance, develop or discontinue affected Services to Users without notice.|
|3.3||Netcom Zimbabwe shall use its reasonable endeavours to provide the User with advance notice of any modification, suspension or termination of its Services and shall endeavour to minimise the duration of any suspension thereof in so far as this is reasonably practicable.|
|3.4||Messages shall be deemed to have been delivered when Netcom Zimbabwe has sent the messages to the immediate destination that it is requested to send to, including, but not limited to, mobile telephone networks, SMTP or other servers.|
|3.5||Netcom Zimbabwe shall have the right to withhold, terminate or suspend the provision of Services to the User at any time. Where this Agreement or the provision of any Service is terminated by Netcom Zimbabwe for any reason other than breach by the User or discontinuance of a Service by a Network Operator, Netcom Zimbabwe shall refund all monies already paid in advance by the User for any unused terminated Service.|
|3.6||Ordinary mobile terminated messaging services may be terminated by the User at any time. Incoming numbers, including long numbers, short codes and premium rated numbers must be leased for a minimum initial period of three months and thereafter one further months’ notice must be given by the User in order to terminate the lease of any long numbers or short codes.|
|4.0||Limitations Of Liability|
|4.1||Message delivery: The customer acknowledges and accepts that the provision of the relevant Netcom Zimbabwe SMS service is enabled through Netcom Zimbabwe agreements and relationships with various service providers and their agreements with Network Operators in various countries. Netcom Zimbabwe is therefore only able to act under the conditions imposed through such agreements. The delivery of SMS messages is subject to the availability and performance of the respective service providers' and/or GSM Network Operators technical systems and network and cannot be guaranteed by Netcom Zimbabwe. SMS messages submitted through the relevant Netcom Zimbabwe SMS service will be transferred to the recipient's mobile terminal within times ranging from a few seconds to a few minutes depending on the conditions prevalent at the time of submission. SMS message delivery performance is further subject to the recipient's mobile terminal being switched on and located within an area that is acceptably covered by the recipient's GSM Network Operator. Consequently, Netcom Zimbabwe cannot guarantee the delivery of SMS messages that may be affected by possible network outages and errors on the part of any GSM network. Netcom Zimbabwe shall not be liable to refund the customer for undeliverable SMS messages. Netcom Zimbabwe will however make every effort to ensure that all SMS messages are delivered. Certain Roaming Partners prevent their subscribers from receiving SMS messages, for reasons beyond Netcom Zimbabwe's control, and in such cases the delivery of SMS messages is not possible. The sender will be charged for all SMS messages delivered to the respective GSM Network Operator, regardless of whether the SMS message is, in fact, delivered by such GSM Network Operator to the recipient.|
|4.2||Exclusion of Netcom Zimbabwe's Liability: Due to the nature of the SMS service, Netcom Zimbabwe cannot be held responsible for loss incurred through the use of any of the Netcom Zimbabwe SMS services, infrastructure or systems as well as all risks associated with data security, privacy, availability and reliability of message processing and transmission. Thus, the customer is fully and exclusively liable for any and all risks resultant from the use of the said service, infrastructure or systems The Netcom Zimbabwe SMS service and all information and other content (including third party, information and content) provided by, included in or accessible from the Netcom Zimbabwe website, are provided "as is" and are subject to change at any time without notice to the customer. To the fullest extent permitted by law, Netcom Zimbabwe disclaims all representations and warranties (express, implied and statutory, including but not limited to the warranties of merchantability and fitness for a particular purpose, and non-infringement of proprietary rights) as to the services and all information and other content (including third party information and content) provided by, included or accessible from the Netcom Zimbabwe website. In no event shall Netcom Zimbabwe be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, unauthorized use, performance or non-performance of the Netcom Zimbabwe SMS services infrastructure or systems, even if Netcom Zimbabwe has been advised previously of the possibility of such damages and whether such damages arise in contract, negligence, delict, under statute, in equity, at law or otherwise|
- Netcom Zimbabwe maintains a zero tolerance policy for use of its network or services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 ("SPAM").
It is your obligation to ensure that e-mail sent by you, or on your behalf, does not violate this law. We assume SPAM complaints are valid unless we are provided with credible information to the contrary. To avoid action under our AUP, please familiarize yourself with the CAN-SPAM Act by following this link: http://business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business
- You may not use any of our services or network to send SPAM. In addition, e-mail sent, or caused to be sent, to or through our network or services may not:
- Use or contain invalid or forged headers
- Use or contain invalid or non-existent domain names
- Employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path
- Use other means of deceptive addressing
- Use a third party's Internet domain name, or be relayed from or through a third party's equipment, without permission of the third party
- Contain false or misleading information in the subject line or otherwise contain false or misleading content
- Fail to comply with additional technical standards described below
- Otherwise violate Netcom Zimbabwe's User Agreement, AUP and other Terms of Service
- Netcom Zimbabwe does not authorize the harvesting, mining or collection of e-mail addresses or other information from or through its network. Netcom Zimbabwe does not permit or authorize others to use its network or services to collect, compile or obtain any information about its Subscribers or users, including but not limited to Subscriber e-mail addresses, which are Netcom Zimbabwe's confidential and proprietary information. Use of our network or services is also subject to our User Agreement, AUP and other Terms of Service.
- Netcom Zimbabwe does not permit or authorize any attempt to use its network or services in a manner that could damage, disable, overburden or impair any aspect of any of our services, or that could interfere with any other party's use and enjoyment of any Netcom Zimbabwe product or service.
- We monitor for SPAM all traffic to and from our servers. Customers suspected of using Netcom Zimbabwe's products and services for the purpose of sending SPAM will be investigated. We assume SPAM complaints are valid unless we are provided with credible information to the contrary. It is Netcom Zimbabwe's policy to immediately suspend, terminate and/or cancel any offending Web site or account sending SPAM.
- Subscribers may be asked to produce records that verify that explicit affirmative permission was obtained from a recipient before a mailing was sent. Netcom Zimbabwe may consider the lack of such proof of explicit affirmative permission of a questionable mailing.
- Subscribers are prohibited from maintaining open mail relays on their servers. Ignorance of the presence or operation of an open mail relay is not and will not be considered an acceptable excuse for its (the open mail relay) operation.
- Subscribers are prohibited from providing services for Web sites that have been included in SPAM, including, but not limited to hosting Web site(s), or providing DNS services or Web site redirect services.
- It is a violation of this Policy to commission a third party to send e-mail that is in violation of this policy or of applicable law, even if that third-party does not use Netcom Zimbabwe systems, networks or resources. E-mail not in compliance with this policy - regardless of source - which contains any reference to a Web site hosted by us or contains any reference or link to a network or system of Netcom Zimbabwe is prohibited.
- If Netcom Zimbabwe believes that unauthorized or improper use is being made of our network, or any product or service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. Netcom Zimbabwe may immediately suspend, terminate and/or cancel any account on any product or service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.
- Netcom Zimbabwe reserves the right to suspend, terminate and/or cancel permanently any and all services provided to a Subscriber without any notification. In addition to any and all other rights hereunder or otherwise, if a Subscriber is in violation of any term or condition of this SPAM Policy, the Acceptable Use Policy, User Agreement or uses of our services to disrupt or, in Netcom Zimbabwe's sole judgment, which could disrupt Netcom Zimbabwe's business operations, Netcom Zimbabwe reserves the right to charge such Customer an administrative fee equal to $100.00 per each piece of SPAM sent.
- Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, our network or services. Failure to enforce this policy in every instance does not amount to a waiver of Netcom Zimbabwe's rights.
- Unauthorized use of Netcom Zimbabwe's network in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil and criminal penalties against the sender and those assisting the sender.
- ACCEPTANCE OF TERMS OF SERVICE
- As a precondition and requirement to use the services available via netcomzw.com, you, for yourself and for the company or other person(s), if any, you represent ("Subscriber" or "Subscribers", as applicable), hereby accept and agree to be legally bound by these Terms of Service ("Terms"). These Terms are effective immediately between the Subscriber and Netcom Zimbabwe dba netcomzw.com, its subsidiaries and affiliates ("Netcom Zimbabwe"). Each Subscriber is subject to these Terms, and by using Netcom Zimbabwe's services, network and/or systems (collectively the "Services"), Subscriber agrees to be legally bound by and subject to all terms and conditions contained in these Terms, including as well all usage policies and other policies herein. To the extent not inconsistent therewith, these Terms are also incorporated into the individual service agreement, if any, of each Subscriber.
- Subscriber represents and warrants that, if an individual, Subscriber is at least 18 years old and otherwise legally competent in all respects to, or, if an entity, Subscriber is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing, as applicable, and possesses all legal authority and power to accept and be bound by these Terms. Additionally, Subscriber represents and warrants that neither it, she, or he (as applicable), nor any entity it, she or he represents, is prohibited under any part of section 17 of these Terms from registering or signing up with or otherwise subscribing to or receiving any of the Services from Netcom Zimbabwe. Further, Subscriber represents and warrants all information provided by Subscriber to Netcom Zimbabwe has been and is complete, accurate, and current, and that Subscriber shall continue to provide complete, accurate and current information to Netcom Zimbabwe in connection with all registration or renewal processes and further agrees to update all such information as necessary to maintain complete, accurate and current information. Although Subscribers of paid services offered through Netcom Zimbabwe must be at least eighteen (18) years of age and otherwise legally competent to accept and be legally bound by these Terms, a parent or legal guardian of a minor may obtain an account on the minor's behalf, and by doing so, consents to such minor's use of the Services. Subscribing parents and legal guardians each for herself or himself, as applicable, accept and agree to be legally bound by these Terms, and assume full responsibility and liability associated with any failure of compliance with the Terms in connection with said minor's use of any of the Services.
- Netcom Zimbabwe intends to provide the best possible web hosting service to each of its Subscribers. Netcom Zimbabwe is also dedicated to staying abreast of new and available technologies that will better serve our Subscribers. However, due to changing technologies, changing laws and the individual and collective needs of our Subscribers, Netcom Zimbabwe reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice.
- Subscribers may view the most current version of these Terms at netcomzw.com/terms-and-conditions. Any use of the Services by Subscriber, after changes, modifications, additions or deletions to these Terms are posted on the netcomzw.com website, shall constitute Subscriber's acceptance of all such changes, additions, modifications or deletions. If a Subscriber does not agree to any such alterations to these Terms, the Subscriber's sole and exclusive remedy is to cancel the Subscriber's account as set forth in Section 4 below.
- If Netcom Zimbabwe makes a significant change to these Terms, as determined in its sole discretion, Netcom Zimbabwe will post a notice that we have made significant changes to the Terms on the netcomzw.com website for at least thirty (30) days after the changes are posted and will indicate at the bottom of these Terms the date these Terms were last revised.
- If Subscriber is registering a new domain name with Netcom Zimbabwe, or using or transferring a previously registered domain name in conjunction with Subscriber's use of the Services, Subscriber hereby acknowledges and agrees that Subscriber's use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN") and the Domain Registration Agreement located at netcomzw.com/domain_registration_agreement and has read the Registrant Rights and Responsibilities located at http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm.
- ACCEPTABLE USE POLICY
Under this Agreement, Subscriber shall comply with Netcom Zimbabwe's then current Acceptable Use Policy ("AUP"), as amended, modified or updated from time to time by Netcom Zimbabwe, and other agreements which currently can be viewed under the Terms of Service section of this Web site (collectively, the "Terms of Service"), and which is incorporated in this Agreement by reference. Subscriber hereby acknowledges that it has reviewed the AUP and that the terms of the AUP are incorporated herein by reference. In the event of any inconsistencies between this Agreement and the AUP, the terms of the AUP shall govern. Netcom Zimbabwe does not intend to systematically monitor the content that is submitted to, stored on or distributed or disseminated by Subscriber via the Service (the "User Content"). User Content includes content of Subscriber's and/or users of Subscriber's Web site. Accordingly, under this Agreement, Subscriber will be responsible for Subscriber's users content and activities on Subscriber's Web site. Notwithstanding anything to the contrary contained in this Agreement, Netcom Zimbabwe may immediately take corrective action, including removal of all or a portion of the User Content, disconnection or discontinuance of any and all Services, or termination of this Agreement in the event of notice of possible violation by Subscriber of the AUP. In the event Netcom Zimbabwe takes corrective action due to a violation of the AUP, Netcom Zimbabwe shall not refund to Subscriber any fees paid in advance of such corrective action. Subscriber hereby agrees that Netcom Zimbabwe shall have no liability to Subscriber or any of Subscriber's users due to any corrective action that Netcom Zimbabwe may take (including, without limitation, suspension, termination or disconnection of Services).
- TERM – PAYMENT – RENEWAL OF ACCOUNT AND DOMAIN
- Term of Service
The term of Subscriber's subscription to the Services commences upon Subscriber's acceptance of these Terms and terminates as set forth in Section 4.
Subscriber agrees to pay all applicable fees for Services in effect at the time of sign-up registration and/or renewal, subject to these Terms. Subscriber agrees to update and keep current all of Subscriber's billing information, email and all other contact information. It is the Subscriber's responsibility to verify that the information submitted is accurate to insure proper billing and continuity of services. Netcom Zimbabwe may use Merchant Updater Services to receive updated billing information from participating providers.
- Promotional Pricing
Netcom Zimbabwe may periodically offer "free" or discounted services or credits in connection with a promotional offer, including, without limitation, free domain name registration. Such promotional offers are honored only in connection with the specific promotional package to which they apply. In the event a Subscriber downgrades or otherwise changes his/her/its subscription to a subscription to which a promotional offer does not apply, Subscriber will forfeit any unused free credits offered under the promotional packaged and Netcom Zimbabwe will charge Subscriber the prevailing fees for any free credits redeemed by Subscriber under the promotional package.
- Automatic Renewal of Hosting Account
As a courtesy and not as an obligation (contractual or otherwise), fifteen (15) days prior to the expiration of Subscriber's Hosting Account or Domain(s) Netcom Zimbabwe will automatically renew Subscriber's Hosting Account by charging the applicable fee for the non-promotional rate to Subscriber's current method of payment on file. The initial term of this Agreement shall be as set forth in the Registration Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to Subscriber, and after the Initial Term, this Agreement shall continue for successive periods (or renewal period) of equal length as the Initial Term or such other Term and price that shall be set forth in a notice to the customer at least thirty (5) days prior to the commencement of such successive period or renewal period. In the case of insufficient funds we will attempt to collect at a partial term quantity ( not changing your current term) to continue service as per contract. Additionally after the Initial Term, you acknowledge, agree and authorize us to automatically bill and/or charge on your credit card for successive or renewal periods, unless terminated or cancelled by either party as provided in this section. Netcom Zimbabwe shall provide notice of the upcoming charge to Subscriber no later than thirty5) days prior to the payment date. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term". Subscriber acknowledges and confirms that if the Subscriber pays for a hosting plan which qualifies for a Free Domain that the Subscriber will be provided with a digital domain registration voucher to be used for purchasing their Free Domain. The domain registration voucher is only applicable as long as the Subscriber maintains a qualifying hosting plan.
- Automatic Renewal of Domain(s)
As a courtesy and not as an obligation (contractual or otherwise), fifteen (15) days prior to the expiration of Subscriber's domain, if registered with Netcom Zimbabwe (or one of its Affiliates), or if transferred to and registered with Netcom Zimbabwe (or one of its Affiliates), Netcom Zimbabwe will automatically renew Subscriber's domain, by charging the applicable fee to Subscriber's current method of payment on file. Subscriber acknowledges and confirms that the obligation to renew his/her/its Domain(s) is solely and exclusively the responsibility of the Subscriber, and is not the obligation (contractual or otherwise) of Netcom Zimbabwe. Subscriber hereby releases Netcom Zimbabwe from any and all liability for failure for any reason to renew said Hosting Account or said Domain(s). Subscriber acknowledges that there may be many reasons why Netcom Zimbabwe is unable to renew said Hosting Account or Domain, including but not limited to inability of Netcom Zimbabwe, for any reason, to bill said renewal to Subscriber's method of payment on file, to contact or otherwise get response from Subscriber at the email address on file, or otherwise. Subscriber acknowledges that said Hosting Account and/or Domain, if not renewed, for whatever reason, will expire on the Hosting Account or Domain Expiration Date, as applicable. In the event that a Domain expires, Netcom Zimbabwe will hold the expired Domain for up to thirty (0) days as a courtesy and not as an obligation (contractual or otherwise). Thirty (30) days after expiration, the Domain will be placed in Redemption. During the Redemption period the Domain will be inaccessible and unable to be registered elsewhere. In order to bring a Domain out of Redemption, Subscriber must pay a Redemption Fee, as well as a Renewal Fee for the current year. Domain registration vouchers cannot be applied toward the cost of Redemption. If the Domain is not redeemed within seventy-four (74) days of expiration, it will be set to Pending Delete status by the domain registry. After the Pending Delete status expires, the Domain will be released for registration. During the Pending Delete period, the Domain will be inaccessible and unrecoverable.
- Nonrefundable Fees
Fees paid by Subscriber in connection with the purchase of SSL certificates, AppMachine, Site Backup Pro, Pay Per Click Marketing (PPC), cPanel QuickStart, WordPress QuickStart, Site Doctor, website transfer, Design Service Standard, Design Service Plus, Design Service Premium, SEO Package, SiteLock, Constant Contact, domain privacy, domain names are nonrefundable under these Terms, as are Check Refunds of USD$10.00 or less due to processing fees, unless otherwise stated in the agreement Subscriber entered into with the individual service provider.
- Term of Service
- LICENSE TO Netcom Zimbabwe
Netcom Zimbabwe claims no ownership interest in the content of Subscriber's web site(s). By submitting content and data to Netcom Zimbabwe, Subscriber grants to Netcom Zimbabwe, its successors and assigns, the worldwide, royalty-free, and nonexclusive license under Subscriber's copyrights and other rights, if any, in all material and content displayed in Subscriber's web site to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in order to maintain such content on Netcom Zimbabwe's servers during the Term. Subscriber also authorizes the downloading and printing of such material, or any portion thereof, by end-users for their personal use. This license shall terminate upon Subscriber's cancellation of the Services as set forth in Sections 3 and 4 of the User Agreement.
- USAGE POLICIES AND DEFINITIONS
- "UNLIMITED" USAGE POLICIES AND DEFINITIONS
- "Unlimited" usage policies and definitions apply only to shared and reseller hosting accounts.
- What "Unlimited" means
Netcom Zimbabwe 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, Netcom Zimbabwe 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.
- What "Unlimited" DOES NOT mean
Netcom Zimbabwe employs complex mechanisms to protect its Subscribers and systems from abuse. Netcom Zimbabwe'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. Netcom Zimbabwe's service is a shared hosting service, which means that multiple Subscriber web sites are hosted from the same server and share server resources. Netcom Zimbabwe'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. Netcom Zimbabwe 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, Netcom Zimbabwe does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system until Netcom Zimbabwe can evaluate said sites resource needs.
- Unlimited Hosting Space; excessive MySQL files
Netcom Zimbabwe does not set arbitrary limits on the amount of disk space a Subscriber can use for the Subscriber's website, nor does Netcom Zimbabwe 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 Netcom Zimbabwe service is designed to host websites. Netcom Zimbabwe 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 200,000) can have an adverse affect on server performance. 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. Netcom Zimbabwe 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" USAGE POLICIES AND DEFINITIONS
- PROPERTY RIGHTS
These Terms do not give Subscriber any rights in Netcom Zimbabwe intellectual property or technology. Netcom Zimbabwe and related trademarks and logos are the exclusive property of Netcom Zimbabwe. Netcom Zimbabwe and Subscriber agree that neither will, directly or indirectly, reverse engineer or decompile object code or execution code, nor otherwise seek to obtain source code or trade secrets of the other party. Notwithstanding the foregoing, nothing herein shall bar Netcom Zimbabwe from using any knowledge, information or skills that are generally known or that can be learned or otherwise acquired in the normal course of business.
- DISCLAIMER OF WARRANTY
YOU, THE SUBSCRIBER, ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. Netcom Zimbabwe HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY Netcom Zimbabwe OR Netcom Zimbabwe'S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUBSCRIBER SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. Netcom Zimbabwe DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. Netcom Zimbabwe DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. Netcom Zimbabwe DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR Netcom Zimbabwe IN PARTICULAR.
- LIMITATION OF LIABILITY
Netcom Zimbabwe SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL Netcom Zimbabwe BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, CONVERSION, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, IP RIGHTS HOLDER INFRINGEMENT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT Netcom Zimbabwe HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. Netcom Zimbabwe SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. Netcom Zimbabwe'S ENTIRE LIABILITY AND SUBSCRIBER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF SUBSCRIBER'S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL Netcom Zimbabwe'S LIABILITY TO YOU, THE SUBSCRIBER, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE SUBSCRIBER, TO Netcom Zimbabwe FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, Netcom Zimbabwe'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You, the Subscriber, agree to defend, indemnify and hold Netcom Zimbabwe, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services, except to the extent the foregoing directly result from Netcom Zimbabwe's own gross negligence or willful misconduct. Netcom Zimbabwe reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, the Subscriber.
For its own operational efficiencies and purposes, Netcom Zimbabwe from time to time backs up data on its servers, but is under no obligation or duty to Subscriber to do so under these Terms. IT IS SOLELY SUBSCRIBER'S DUTY AND RESPONSIBILITY TO BACKUP SUBSCRIBER'S FILES AND DATA ON Netcom Zimbabwe SERVERS, AND under no circumstance will Netcom Zimbabwe be liable to anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of Subscriber FILES AND/or data on any Netcom Zimbabwe server. Netcom Zimbabwe will not attempt to back up accounts that exceed 50,000 files or 30 Gigs of space for any reason.
- Monitoring and Disclosures
All activities occurring on, in, and/or via the Services or any website hosted by Netcom Zimbabwe may be monitored, recorded, and examined by any authorized person, including law enforcement. In general, Netcom Zimbabwe does not monitor its Subscribers' websites or activities to determine whether they are in compliance with these Terms. However, when and if Netcom Zimbabwe becomes aware of any violation of these Terms, Netcom Zimbabwe may take any lawful action, and in the event of illegal activity, will take action, to stop or correct such violation, including, but not limited to, shutting down a website, denying access to the Services or to the Internet via Netcom Zimbabwe, and/or removing non-complying information. In addition, Netcom Zimbabwe may take any lawful action against a Subscriber or a subscriber, patron, customer, invitee, visitor, or guest of such Subscriber because of the activities of such subscriber, patron, customer, invitee, visitor, or guest. Netcom Zimbabwe reserves the right to take any such action even though such action may affect other subscribers, patrons, customers, invitees, visitors, or guests of the Subscriber. Netcom Zimbabwe may disclose any information in its possession, including, without limitation, information about Subscribers, internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, governmental request, or other legal process to protect Netcom Zimbabwe or others from harm, and/or to ensure the proper operation of the Services. netcomzw.com has no obligation to notify any person, including the Subscriber about whom information is sought, that Netcom Zimbabwe has provided the information.
- Accurate Account Information
Subscriber must continually update and keep accurate and current Subscriber's contact information stored and saved on Netcom Zimbabwe in order to avoid termination of Subscriber's Netcom Zimbabwe account(s).
- Duty to Notify Netcom Zimbabwe of Breach
If Subscriber discovers anyone on the Netcom Zimbabwe system violating any of these Terms or notices anything suspicious from the Netcom Zimbabwe network, Subscriber agrees to report the violation or suspicious activity by opening a ticket with the Terms of Service Department for investigation. Netcom Zimbabwe reserves the right to and will immediately terminate any account which Netcom Zimbabwe concludes to be in violation of any of these Terms.
- Reservation of Rights
Netcom Zimbabwe reserves the right to refuse or to cancel service to any prospective Subscriber or existing Subscriber for any lawful reason at any time during Subscriber's hosting term with Netcom Zimbabwe.
These Terms are binding upon Netcom Zimbabwe, all existing and prospective Subscribers, and upon the assigns, heirs, and successors of each. If any provision of these Terms is held by any court of competent jurisdiction to be invalid or otherwise unenforceable, the rest of these Terms shall, nevertheless, continue to be valid and in full force and effect, to the extent said remaining Terms are then otherwise consistent with the original intent of the Terms of Service.
IF YOU, FOR YOURSELF OR ON BEHALF OF ONE OR MORE PERSONS YOU ARE REPRESENTING WITH RESPECT TO Netcom Zimbabwe SERVICES, DO NOT AGREE TO ANY OF THE FOREGOING TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF ANY SUCH PERSON(S), DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY A MEMBER, CANCEL YOUR Netcom Zimbabwe ACCOUNT. BEGINNING NOW, ANY CONTINUATION BY YOU IN USING THE SERVICES CONSTITUTES FOR YOU AND THOSE REPRESENTED BY YOU AN EXPRESS AFFIRMATION AND COMMITMENT TO BE (OR TO CONTINUE TO BE, AS APPLICABLE) LEGALLY BOUND BY AND TO COMPLY WITH ALL OF THESE TERMS
- General Information.
As used herein, the term "Subscriber" or "Subscribers" shall include any and all users, customers, subscribers, affiliates (including without limitation customers or non-customers to whom Netcom Zimbabwe provides links or banners to promote the services or products of Netcom Zimbabwe or any third party the services or products of which are offered by or obtained through or in connection with Netcom Zimbabwe), resellers or others (i) who sign up for, use or obtain services or products from Netcom Zimbabwe or from any third party services or products of which are offered by or obtained through or in connection with Netcom Zimbabwe, or (ii) who visit the Web site of Netcom Zimbabwe Web Hosting or of any such third party. As a provider of Internet/World Wide Web access, Web site hosting, and other Internet-related services, Netcom Zimbabwe, ("Netcom Zimbabwe") offers Subscribers, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. Netcom Zimbabwe respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Netcom Zimbabwe reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Netcom Zimbabwe has developed this Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each Subscriber's respective service agreement and is intended as a guide to the Subscriber's rights and obligations when utilizing Netcom Zimbabwe's services. This AUP will be revised from time to time. A Subscriber's use of Netcom Zimbabwe's services after changes to the AUP are posted on Netcom Zimbabwe Web Hosting's Web site, under the Terms of Service section, will constitute the Subscriber's acceptance of any new or additional terms of the AUP that result from those changes. 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 the Internet, both in the information they acquire and in the information they disseminate to others. When Subscribers or others obtain information through the Internet, they must keep in mind that Netcom Zimbabwe cannot and does not monitor, verify, warrant, or vouch for the accuracy and quality of the information that users may acquire. For this reason, the user 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 is sexually explicit or otherwise offensive. Because Netcom Zimbabwe cannot monitor or censor the Internet, and will not attempt to do so, Netcom Zimbabwe cannot and does not accept any responsibility for injury to its Subscribers or others that results from inaccurate, unsuitable, offensive, or illegal Internet communications. When Subscribers or others disseminate information through the Internet, they also must keep in mind that Netcom Zimbabwe does not review, edit, censor, or take responsibility for any information its users, customers, subscribers or others may create. When Subscribers or others 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 they create is carried over Netcom Zimbabwe's network and may reach a large number of people, including both Subscribers and subscribers and non-subscribers of Netcom Zimbabwe, Subscribers' postings to the Internet may affect others and may harm Netcom Zimbabwe's goodwill, business reputation, and operations. For these reasons, Subscribers violate Netcom Zimbabwe policy and the service agreement when they, their users, customers, subscribers, employees, affiliates, or subsidiaries engage in activities described herein.
This AUP governs the usage of products and services of Netcom Zimbabwe or of any third party which are subscribed to or obtained through Netcom Zimbabwe (the "Services"). This AUP is incorporated by reference into each contract Netcom Zimbabwe or any such third party enters into with a Subscriber for the use of such Services. Netcom Zimbabwe may modify this AUP at any time without notice. In addition, this AUP is incorporated by reference into the Terms of Service applicable to the Web site of Netcom Zimbabwe Web Hosting so that no person who utilizes the Web site or services of Netcom Zimbabwe Web Hosting (regardless of whether that person is a Subscriber) may take any action utilizing the Web site of Netcom Zimbabwe Web Hosting that a Subscriber would be prohibited to take utilizing the Services.
The purpose of this AUP is to enhance the quality of the Services and to protect Subscribers, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This AUP applies to each Subscriber. Each Subscriber should use common sense and good judgment in connection with the Services. Parents or guardians should always supervise minors in using the Internet. Parents and guardians should remain aware at all times of what is on the Internet and how the minors under their care are using the Services and the Internet.
- Site Security and Updates.
Netcom Zimbabwe uses sophisticated means of security in connection with the Services. Notwithstanding the foregoing, it is exclusively Subscriber's obligation to maintain and control passwords to Subscriber's web site(s), and Subscriber exclusively is responsible for all activities that occur in connection with Subscriber's user name, password, and registered domain name(s), as well as any and all scripts or programs added to the account by the Subscriber or authorized users. Subscriber agrees to immediately notify Netcom Zimbabwe of any unauthorized uses of the Service or any other breaches of security. It is exclusively Subscriber's responsibility to update and secure any programs or scripts available via the cPanel interface. Subscriber's failure to update and secure any programs or scripts available via the cPanel interface may result in Netcom Zimbabwe either updating the programs and scripts or suspending your account services until they are updated. Netcom Zimbabwe will not be liable for any loss or damages of any kind, under any legal theory, caused by Subscriber's failure to comply with any of the foregoing security obligations or caused by any person to whom Subscriber grants access to Subscriber's Services, or due to any updates performed by Netcom Zimbabwe pursuant to the terms of this section.
- Prohibited Uses.
The uses of Netcom Zimbabwe Services set forth in this section herein below are prohibited. The engaging in any prohibited use as set forth herein by Subscriber or by any affiliate or subscriber of Subscriber (as determined in the sole discretion of Netcom Zimbabwe) constitutes a material breach of these Terms and will subject Subscriber's account to immediate termination without notice and without any refund.
Spamming, whether or not it overloads the Services or disrupts service to Netcom Zimbabwe's Subscribers, is prohibited. The term "Spamming" includes, but is not limited to, the sending of unsolicited bulk and/or commercial messages over the Internet, maintaining an open SMTP policy, or sending to any mailing list that is not double opt in. Netcom Zimbabwe requires that all email messages contain an automated opt out. We do not allow purchased lists. Netcom Zimbabwe's Subscribers are required to follow all rules in the Can Spam Act (additional information at: http://business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business ) as well as our company spam rules. Netcom Zimbabwe reserves the right to determine, in its sole and absolute discretion, whether e-mail recipients were part of an opt-in email list. Irrespective of whether an email campaign constitutes Spamming as defined herein, Netcom Zimbabwe allows a MAXIMUM of 500 emails per hour to be sent from any individual hosting account.
- Online Pharmacies.
No Subscriber may utilize the Services to engage in the illegal distribution of prescription medications, including, but not limited to, promotion, marketing, or sale of prescription medications without a valid prescription.
- Prohibited Offerings.
No Subscriber may utilize the Services to provide, sell or offer to sell the following: controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others' intellectual property or information; information used to illegally harm any people or animals; pornography, nudity, sexual products, programs or services; escort services or other content deemed adult related.
Profanity or profane subject matter in the site content and in the domain name are prohibited.
- Private Information and Images.
Subscribers may not post or disclose any personal or private information about or images of children or any third party without the consent of said party (or a parent's consent in the case of a minor).
- Violations of Intellectual Property Rights.
Any violation of any person's or entity's intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. Netcom Zimbabwe is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (please see the Copyright Claims Policy here for more information).
- Misrepresentation of Transmission Information.
Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.
- Viruses and Other Destructive Activities.
Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Subscriber to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.
"Hacking" and related activities are prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.
- Anonymous Proxies.
Netcom Zimbabwe does not allow the use of anonymous proxy scripts on its servers. They can be very abusive to the server resources, affecting all users on that servers.
- Export Control Violations.
The exportation of encryption software outside of the United States and/or violations of United States law relating to the exportation of software is prohibited. Subscriber may not export or transfer, directly or indirectly, any regulated product or information to anyone outside the United States without complying with all applicable statues, codes, ordnances, regulations, and rules imposed by U.S. federal, state or local law, or by any other applicable law.
- Child Pornography.
The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Netcom Zimbabwe is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.
- Other Illegal Activities.
The use of the Services to engage in any activity that is determined by Netcom Zimbabwe, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, failure to comply with applicable on-line privacy laws or any executive orders, as well as any rules, regulations or orders issued by the Office of Foreign Asset Controls ("OFAC"). Netcom Zimbabwe will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
- Obscene, Defamatory, Abusive or Threatening Language.
Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.
- BACKUP STORAGE.
Netcom Zimbabwe OFFERS ITS SERVICES TO HOST WEB SITES, NOT TO STORE DATA. USING AN ACCOUNT AS AN ONLINE STORAGE SPACE FOR ARCHIVING ELECTRONIC FILES IS PROHIBITED AND WILL RESULT IN TERMINATION OF HOSTING SERVICES WITHOUT PRIOR NOTICE.
- Other Activities.
Engaging in any activity that, in Netcom Zimbabwe's sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, Netcom Zimbabwe's business, operations, reputation, goodwill, Subscribers and/or Subscriber relations, or the ability of Netcom Zimbabwe's Subscribers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms. In addition, the failure of Subscriber to cooperate with Netcom Zimbabwe in correcting or preventing violations of these Terms by, or that result from the activity of, a subscriber, patron, customer, invitee, visitor, or guest of the Subscriber constitutes a violation of these Terms by Subscriber.
- HIPAA Disclaimer.
We are not "HIPAA compliant." Users are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. Users acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Netcom Zimbabwe does not control or monitor the information or data you store on, or transmit through, our Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act ("HIPAA"). Customers requiring secure storage of "protected health information" under HIPAA are expressly prohibited from using this Service for such purposes. Storing and permitting access to "protected health information," as defined under HIPAA is a material violation of this User Agreement, and grounds for immediate account termination. We do not sign "Business Associate Agreements" and you agree that Netcom Zimbabwe is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA