Hosting and Applications Service Agreement

This Terms of Service Agreement governs any web site hosted on the Zenovations managed servers.

Any Violation of this Terms of Service Agreement will result in suspension or termination of your service. In the event of a dispute between you and Zenovations regarding the interpretation of this Terms of Service Agreement, Zenovations' interpretation, in its reasonable commercial judgment, shall govern.

If you have any questions regarding this Terms of Service Agreement, please do not hesitate to contact us.

What You Agree To

You will not publish offensive material

You may not publish, link, transmit and refer to any content that Zenovations believes related to:

Violence or racial intolerance.
Illicit drugs or drug paraphernalia.
Gambling or casino-related content.
Pornographic, XXX material, sex, soft-porn, hentai, gay, lesbian, exploitation of minors, adult, babes and mature content.
Excessive profanity, swearing and vulgar languages.
Hacking, cracking, warez, serial number and password sharing.
Illegal MP3, movie, applications, torrent, P2P, emule and other medias.
Illicit or illegal content (Including yahoo rares, yahoo cracks, anorexia and other disorders).
Bigotry, racism, hatred, material which may be insulting to another person(s) or company.
Copyrighted material, trademarks, trade secrets or other intellectual property rights used without proper authorization, material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
Spam, mail fraud, chain letters, MLM, pyramid schemes.
Paid-to-surf, Paid-to-read, Paid-to-click, autosurf and banner, text and traffic exchange programs, robots or any deceptive softwares.
Risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement.
Solicits conduct that is illegal under laws applicable to you or to Zenovations.
Malicious, fraudulent, or may result in retaliation against Zenovations by offended viewers.

You accept responsibility for the security of your site

You understand that the web is an insecure location. While Zenovations does their best to protect your data, we do not guarantee it cannot be stolen or destroyed by malicious parties. You must take reasonable security precautions. You must protect the confidentiality of your password, change your password frequently, and keep all your software up to date.

You will not send any sort of email resembling spam (unsolicited mail)

You must obtain Zenovations's advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to Zenovations's reasonable satisfaction:

Your intended recipients have given their consent to receive e-mail, with a direct understanding of the sort of correspondence they are agreeing to receive (a nebulous opt-in is not sufficient).
You confirm that the person giving consent is the owner of the e-mail address they provide.
You retain evidence of the recipient's consent in a form that may be promptly produced on request, and you honor recipient's and Zenovations's requests to produce consent evidence within 72 hours of receipt of the request.
The body of the e-mail must describe how the e-mail address was obtained, for example, 'You opted in to receive this e-mail promotion from our Web site or from one of our partner sites and information on how to request evidence of the consent, for example, If you would like to learn more about how we received your e-mail address please post on our support forum at abuse@**yourdomain.com**.
You have procedures in place that allow a recipient to easily revoke their consent such as a link in the body of the e-mail, or instructions to reply with the word Remove in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours.
You must have a Privacy Policy posted for each domain associated with the mailing.
You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the TO's line of the e-mail.
You otherwise comply with the CAN SPAM Act and other applicable law.
You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it.
You must comply with the rules of any other network you access or participate in using your Zenovations's FREE FORUM HOSTING services.

These policies apply to messages sent using your Zenovations services, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your Zenovations service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers. Zenovations may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.

You will not use copyrighted material without proper permission.

You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

You have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
You are otherwise permitted by established copyright law to copy the work in that manner.

Copyright Infringement Notice (Digital Millennium Copyright Act)

If you believe your copyright is being infringed by person(s) using Zenovations hosting or services, please notify us via email. Your message must include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Zenovations to locate the material.
Information reasonably sufficient to permit Zenovations to contact you, such as an address, telephone number, and, if available, an e-mail address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner's agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You will not damage our servers intentionally

You may not engage in illegal, abusive, or irresponsible behavior, including:

Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to Zenovations and its customers) without express authorization of the owner of the system or network.
Monitoring data or traffic on any network or system without the authorization of the owner of the system or network.
Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
Use of another person's internet account or computer without the owner's authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning.
Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
Any conduct that is likely to result in retaliation against the Zenovations's network.
Use of Zenovations's hosting servers in a way that unreasonably interferes with customers' use of the network.

You agree to keep your contact information current

You must have valid and current information on file for any service hosted on Zenovations servers. If we can't contact you for more than 30 days, your account may be cancelled.

What We Agree to Do, and What We Do Not

We will not accept responsibility for misuse of our services.

Zenovations is under no duty, and does not by this Terms of Service Agreement, undertake a duty to monitor or police our customers activities and disclaims any responsibility for any misuse of the Zenovations network.

We will notify you of changes to the service agreement, but we are not obligated to do so.

Zenovations reserves the right to amend or change this agreement at any time and without prior notice. However, under normal conditions, we will make a reasonable attempt to contact all current customers with active accounts, via email, before any changes take effect.

If you notice a Zenovations customer breaking any of the rules, please notify us.

We take server uptime very seriously, but we do not guarantee it

Zenovations does not warrant that its services are error-free or that they will operate without interruption nor does Zenovations make any warranty with respect to the quality, reliability, timeliness or security of its services. While Zenovations will try to provide 99.95% uptime monthly, and may, at our discretion, provide compensation for unexpected down-time, we do not guarantee our services will be available every second. Any network downtime, files corruption and everything that could result in damages to your website are not our responsibility.

We may cancel your account at any time

This is an at-will agreement. You may cancel your services at any time. We may also cancel your services at any time.

Zenovations can remove your account from our file system and back-up server without any warning (no email or any other notifications will be sent), if we suspect you have violated our service agreement, if your account is more than 30 days past due, or we cannot contact you for more than 30 days.