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This agreement represents the complete agreement and understanding between Zorka.com ) and the above customer (hereinafter called ACCOUNT HOLDER) and supersedes any other written or oral agreement. Upon notice published on-line via Zorka.com, Zorka.com may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change the services offered.
- PROVISION OF SERVICES
- Zorka.com will provide services on its host computing systems to individual ACCOUNT HOLDERS in exchange for payment of fees and compliance with the terms and conditions of this document.
- Zorka.com Services are defined as the use by the ACCOUNT HOLDER of computing, telecommunications, software, and information services offered by Zorka.com. These services also include the offering of access to computing, telecommunications, software, and information services provided by others via the Global Internet.
- For existing customers only, Zorka.com will publish a notice of fee increases 30 days before such increases take effect.
- Zorka.Com setup fee does not include the InterNIC maintenance charge of US$70 for 2 years, or any other regional registrar domain registration fees.
- USE OF MATERIAL
- Public Domain materials (e.g., images, text, and programs) may be downloaded or uploaded using Zorka.com services. ACCOUNT HOLDERS may also re-distribute materials in the public domain. The ACCOUNT HOLDER assumes all risks regarding the determination of whether the material is in the public domain.
- As provided by United States federal law and by International treaties, copyrighted materials (e.g., images, text, and programs) may not be uploaded using Zorka.com services without the permission of the copyright holder. Copyrighted materials may be downloaded for personal use. Except as expressly permitted, materials under copyright may not be distributed to others. Copyrighted material may not be changed nor can the author attribution notices nor the copyright notices be modified.
- USE OF SERVICES
- FOR FTP ACCESS HOLDERS - The ACCOUNT HOLDER agrees to maintain a secure password to the account. Secure passwords are those that are between 6 and 8 characters long, contain upper and lower case letters, and numbers or other characters, and can not be found in direct or reverse order in a dictionary, without regard to the language of the dictionary.
- The ACCOUNT HOLDER agrees to use the services provided by Zorka.com as permitted by applicable local, state, and federal laws. The ACCOUNT HOLDER agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law.
- Zorka.com reserves the right to refuse service to any new or existing customers and refund the remaining balance on the account, if any.
- Zorka.com agrees to not resale or misuse any of the ACCOUNT HOLDERÕs account information nor any other information stored on our systems.
- INDEMNIFICATION
- The ACCOUNT HOLDER acknowledges that Zorka.com makes an honest effort to keep the information available on Zorka.com's systems accurate. However, Zorka.com can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity for the data and/or information available. Use of information obtained from or through Zorka.com is at the risk of the ACCOUNT HOLDER.
- The ACCOUNT HOLDER also acknowledges that the information available through the interconnecting networks may not be accurate. Zorka.com has no ability or authority over the material. Zorka.com can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information residing on or passing through these networks. Use of information obtained from or through Zorka.com services is at the risk of the ACCOUNT HOLDER.
- The ACCOUNT HOLDER agrees to indemnify and hold Zorka.com harmless from any claims, including attorney's fees, resulting from the ACCOUNT HOLDER receiving Zorka.com services which cause direct or indirect damage to another party.
- LIMITED LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY SHALL ZORKA.COM BE LIABLE TO THE ACCOUNT HOLDER FOR ANY BUSINESS LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS/SERVICES, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, OR INABILITY TO USE, ANY OF ZORKA.COM'S SERVICES, EVEN IF ZORKA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ZORKA.COMÕS LIABILITY EXCEED THE MONTHLY FEE PAID BY THE ACCOUNT HOLDER. THIS LIMITATION OF LIABILITY AND RISKS IS REFLECTED IN THE PRICE OF ZORKA.COM'S SERVICES.
- PAYMENT OF FEES AND PENALTIES
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The Zorka.com accounting cycle begins on the 1st of each month. Charges for new accounts are prorated. Charges for terminating accounts are not prorated.
- Service payments will be submitted in advance of receiving services.
- Payment is due at beginning of each accounting cycle.
- Delinquent accounts are those that remain unpaid 5 days after beginning of accounting cycle.
- Accounts that are delinquent are put on "accounting hold" and may not be used. Accounts that are unpaid for a whole accounting cycle automatically have their files archived. Accounts that are unpaid for 2 accounting cycles have their files purged. Zorka.com accounts continue to accrue charges while they are on hold.
- There is a service reconnection charge equal to one half the currently charged set-up fee to remove accounts from accounting hold status.
- The ACCOUNT HOLDER acknowledges responsibility for the account until payment in full is made.
- There is a US$25.00 service charge for each returned check.
- The ACCOUNT HOLDER will be charged for excessive bandwidth usage (above the relevant allowance of the chosen service package). It is the ACCOUNT HOLDER responsibility to monitor the amount of bandwidth of his account, on a daily basis. Zorka.com has no obligation to warn the ACCOUNT HOLDER regarding the excessive bandwidth usage.
- ACCOUNT CACELLATIONS
- Cancellation requests for Zorka.com accounts must be received in writing via fax, or postal service at Zorka.com main office. Such requests must be received by 5 pm Central time on the 15th of month, in order to be processed by the end of the same month.
- All Zorka.com accounts must be paid in full before the transaction will be considered complete.
- Zorka.com will provide a 30 day money back guarantee. The 30 days start from the day we receive the electronic order form, the day customer signs up via phone, or from the day we receive a faxed contract. The set-up fee is not refundable.
- ABUSE OF SERVICES
- Any use of Zorka.com system resources that disrupts the normal use of the system for other Zorka.com customers is considered to be abuse of system resources and is grounds for administrative intervention. Some examples of system abuse include spawning dozens of processes, consuming excessive amounts of memory or CPU for long periods of time, spamming or mass emailing using internal or external mail and/or news servers.
- Depending on the nature and the severity of the abuse, the user may receive an E-mail warning or have their account suspended by Zorka.com Technical Support. If the misuse is unintentional, the suspension may be rescinded following discussion with Zorka.com Technical Support. If the misuse is intentional, the suspension may be rescinded at the discretion of the Operations Manager, and may require the payment of a service reconnection charge. Occasionally, unintentional misuse is misclassified as intentional misuse. Customers who believe their activity has been misclassified may appeal to the Operations Manager.
- Violations of any of the Zorka.com conditions of use are unethical and may be criminal offenses. You are expected to report to Zorka.com any information you may have concerning instances in which the conditions of use have been or are being violated. When Zorka.com becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, Zorka.com may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of the Operations Manager, following payment of a reconnection charge.
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