1.1 All Zito customers are responsible for reviewing and complying with this Acceptable Use Policy. Zito customers who provide services to their own customers or other end users are responsible for compliance with the terms of this Policy by their end users and must take steps to ensure compliance by their users with this Policy. For the purposes of this Policy, "Customer" means each Zito customer to whom Zito provides services, and all employees, agents, and third parties to whom Customer makes Zito services available. Zito reserves the right to deny or terminate service to a Customer based upon the results of a security/abuse confirmation process used by Zito. Such confirmation process uses publicly available information to primarily examine Customer's history in relation to its prior or current use of services similar to those being provided by Zito and Customer's relationship with previous providers.
1.2 The actions described below are defined by Zito as "network abuse" and are strictly prohibited under this Acceptable Use Policy. The examples named below are not exhaustive and are provided solely for guidance to Customers. If any Customer is unsure of whether a contemplated use or action is permitted, it is Customer's responsibility to determine whether the use is permitted by contacting Zito via electronic mail. The following activities are expressly prohibited, and Zito expressly reserves the right, at its discretion, to pursue any remedies that it believes are warranted which may include, but are not limited to, the issuance of written or verbal warnings, filtering, blocking, suspending, or terminating accounts, billing Customer for administrative costs and/or reactivation charges or bringing legal action to enjoin violations and/or to collect damages, if any, caused by Customer violations. Such actions may be taken by Zito without notice to Customer. In general, Zito Customers may not use Zito's network, machines, or services in any manner which: - violates any applicable law, regulation, treaty, or tariff, including but not limited to data privacy laws;- violates the acceptable use policies of any networks, machines, or services which are accessed through Zito's network;- infringes on the intellectual property rights of Zito or others;- violates the privacy of others;- involves the resale of Zito's products or services, unless specifically documented in a separate written agreement or in the initial Customer contract with Zito;- involves deceptive online marketing practices including, without limitation, practices that violate the United States Federal Trade Commission's guidelines for proper online marketing schemes;- violates any specific instructions given by Zito for reasons of health, safety or quality of any other telecommunications services provided by Zito or by reason of the need for technical compatibility of equipment attached to the Zito network;- materially affects the quality of any telecommunications services provided by Zito; orotherwise violates this Acceptable Use Policy.
1.3 Prohibited activities also include, but are not limited to, the following: - unauthorized use (or attempted unauthorized use) or sabotage of any computers, machines or networks;- attempting to interfere with or denying service to any user or host (e.g. denial of service attacks and/or DNS spoofing attacks);falsifying user identification information;- introduction of malicious programs into the network or Server (e.g. viruses, worms, Trojan horses, etc.);- scanning the networks of others for vulnerabilities without authorization;- executing any form of network monitoring (e.g. using a packet sniffer) or otherwise engaging in any monitoring or interception of data not intended for the Customer without authorization;- attempting to circumvent Customer authentication or security of any host, network, or account ("cracking") without authorization;- using any program/script/command, or sending messages of any kind, designed to interfere with a third party customer terminal session, via any means, locally or via the Internet;- "phishing", that is simulating communications from and/or the website or other service of another entity in order to collect identity information, authentication credentials, or other information from the legitimate users of that entity's service;- "pharming", that is using malware, DNS cache poisoning or other means to redirect a user to a website or other service that simulates a service offered by a legitimate entity in order to collect identity information, authentication credentials, or other information from the legitimate users of that entity's service transmitting or receiving, uploading, using or reusing material which is abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or similar third party rights;- furnishing false or incorrect data on the signup form; or- attempting to circumvent or alter the process or procedures to measure time, bandwidth utilization, or other methods to document "use" of Zito's products and services.
1.4 Digital Millennium Copyright Act Policy: It is the policy of Zito to respond expeditiously to claims of intellectual property infringement. Zito will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, when it is under its control, Zito will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Zito will terminate access for Customers who are repeat infringers. For our IP transit, dedicated Internet access and collocation Customers, you must adopt and implement a Digital Millennium Copyright Act policy that reserves the necessary rights to remove or disable infringing material. If you believe that a copyrighted work has been copied and is accessible on our site in a way that constitutes copyright infringement, you may notify us by providing our registered copyright agent with the following information: - electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;- a description of the copyrighted work that you claim has been infringed;- a description of where the material that you claim is infringing is located on the site;- your address, telephone number, and e-mail address;- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
2. ADDITIONAL TERMS APPLYING TO IP TRANSIT, DEDICATED INTERNET AND IP SERVICES
2.2 Zito IP transit, dedicated Internet access and collocation Customers who provide those services to their own users must affirmatively and contractually pass on the restrictions of this Acceptable Use Policy to its users, and take steps to ensure compliance by their users with this Acceptable Use Policy including, without limitation, termination of the user for violations of this policy. Zito IP transit, dedicated Internet access and collocation Customers who provide services to their own users also must maintain valid postmaster and abuse addresses for their domains, comply with all applicable Internet RFCs, maintain appropriate reverse DNS information for all hosts receiving connectivity through Zito's network for which DNS responsibility has been delegated to the Customer, maintain accurate contact information with the InterNIC and any other appropriate domain, IP and AS registrars, take reasonable steps to prevent IP spoofing by their users and downstream customers, provide a 24/7 contact address to Zito for dealing with security and abuse issues, and act promptly to ensure that users are in compliance with Zito's Acceptable Use Policy. Reasonable steps include, but are not limited to, using IP unicast reverse-path forwarding ("uRPF") wherever appropriate and using IP address filtering wherever appropriate.
2.3 Email Generally The following actions are prohibited: - using email to engage in harassment, whether through language, frequency, or size of messages. Continuing to send someone email after being asked to stop is considered harassment;- using email to disrupt (e.g., mail bombing, "flashing," etc.) is prohibited;- originating email with falsified header information;- originating email with falsified or obscured information (e.g., encoded or "obfuscated URLs") designed to hinder identification of the location of what is advertised;- originating chain letters, pyramid schemes, and hoaxes;- using the Zito or Customer account to collect replies to messages sent from another provider which violate these rules or those of the other provider; and- using Zito services in connection with or in support of the running of a mail server in China without an appropriate license to run such a server.
2.4 Bulk Email: Customers sending bulk email, using Zito services, may only engage in such activity through the use of "closed-loop opt-in" lists. Such Customers who send bulk email through "closed-loop opt-in" lists must have a method of confirmation or verification of subscriptions and be able to show evidence of subscription for users who complain about receiving unsolicited email. Sending unsolicited ("opt-out") bulk email is prohibited and is grounds for termination of those services to Customers who engage in the practice. Sending "opt-out" bulk email from another provider advertising or implicating, directly or indirectly, the use of any service hosted or provided by Zito, including without limitation, email, web, FTP, and DNS services, is prohibited. Customers may not advertise, distribute, or use software intended to facilitate sending "opt-out" email or harvest email addresses from the Internet for that purpose. In addition, Customers may not sell or distribute lists of harvested email addresses for the purpose of "opt-out" email. Customers who provide or make use of a service employing referral IDs will be considered responsible for unsolicited bulk email sent by members of the referral ID service that makes reference to services hosted by Zito. Customers who engage in the practice of unsolicited bulk email, as set forth above, from Zito accounts will be charged the cost of labor to respond to complaints, with a minimum charge of $200. Customers listed on an industry recognized spam abuse list, will be deemed to be in violation of this Policy.
2.5 Usenet newsgroups: Customers should be familiar with the workings of Usenet by reading FAQs regarding Usenet at http://www.faqs.org/usenet/ before becoming active participants. Zito places the following restrictions on newsgroup postings by its Customers: - no illegal content, including pyramid/Ponzi schemes, infringing materials, or child pornography, is permitted;- all postings should conform to the various conventions, guidelines and local culture found in each respective newsgroup and Usenet as a whole;- commercial advertising is typically off-topic and/or a violation of charter in most Usenet newsgroups. Information about advertising on Usenet can be found in Joel Furr's "Advertising on Usenet FAQ" www.faqs.org/faqs/usenet/advertising/how-to/part1/. For more information on "spam," see the FAQ on "Current Usenet spam thresholds and guidelines" www.faqs.org/faqs/usenet/spam-faq/ which is regularly posted to the news.admin.net-abuse.misc newsgroup by Chris Lewis, or visit spam.abuse.net/;- posting 20 or more copies of the same article in a 45-day period ("spamming") or continued posting of off-topic articles after being warned is prohibited. Customers who engage in spamming using Zito accounts will be charged the cost of labor to issue cancellations and respond to complaints, with a minimum charge of $200. Customers who engage in spamming from another provider advertising or implicating, directly or indirectly, the use of any service hosted or provided by Zito, including without limitation email, web, FTP, and DNS services, is prohibited and is grounds for termination of those services to those users;- excessive crossposting (Breidbart Index of 20 or greater in a 45-day period) is prohibited. The Breidbart Index (BI) is calculated by taking the sum of the square roots of the number of newsgroups each copy of an article is crossposted to. If two articles are posted, one crossposted to 9 newsgroups and the other crossposted to 16 newsgroups, the BI = sqrt(9)+sqrt(16)=3+4=7. Crossposting articles to newsgroups where they are off-topic is prohibited; a good rule of thumb is that if you are crossposting to more than five newsgroups, it's likely to be off-topic on at least one of them; and- posting articles with falsified header information is prohibited. "Munging" header information to foil email address harvesting by "spammers" is acceptable provided that a reasonable means of replying to the message originator is given. Use of anonymous remailers is acceptable, so long as the use is not otherwise a violation of this Acceptable Use Policy.Customers may not issue cancellations for postings except those which they have posted themselves, those which have headers falsified so as to appear to come from them, or in newsgroups where they are the official moderator.
2.6 The World Wide Web and FTP: The web space and public FTP space included with a dialup account may not be resold or used for adult-oriented material. Zito reserves the right to require that sites using web or FTP space which receive high amounts of traffic be moved to other servers. Web pages and FTP files may not contain any material, text, or images, whether hosted on Zito servers or "transclusioned" (images from another site displayed on the page) which violate or infringe any copyright, trademark, patent, statutory, common law, or proprietary rights of others. Web pages and FTP files may not contain links that initiate downloads of copyright-infringing or other illegal material.
2.7 Routing Protocols and Route Exchange: In the event Zito identifies the Customer is sending excessive or unnecessary route publications, Zito reserves the right to limit the number or routes that will be accepted.
2.8 Internet Relay Chat: Using IRC bots is prohibited. Flooding, cloning, spoofing, harassment, or otherwise hindering the ability of others to properly use IRC is prohibited. Impersonating other users, advertising, and spamming via IRC is prohibited. IRC services which are serving as command and control channels for bots are prohibited and any violation shall subject Customer to filtering and blocking by Zito within 24 hours of Zito learning of such violation. Zito is not obligated to provide notice of such action to Customer.
2.9 Servers and Proxies: Customers may not run on Zito servers any program which makes a service or resource available to others, including but not limited to, port redirectors, proxy servers, chat servers, MUDs, file servers, and IRC bots. Customers may not run such programs on their own machines connected through a Zito dialup account in order to make such services or resources available to others; a dedicated access account is required for such purposes. Customers are responsible for the security of their own networks and machines. Zito will assume neither responsibility nor accountability for failures or breach of Customer-imposed protective measures, whether implied or actual. Abuse that occurs as a result of a compromised Customer's system or account may result in suspension of services or account access by Zito, for example, if a system is abused after becoming infected with a worm or trojan horse program as a result of an Internet download or executing an email attachment. (See www.microsoft.com/security/articles/virus101.asp) Any programs, scripts, or processes which generate excessive server load on Zito servers are prohibited and Zito reserves the right to terminate or suspend any such program, script, or process.
2.10 Dialup Connections: Customers may not run programs or configure machines in such a way as to keep a dialup connection active when not in use or otherwise bypass automatic disconnection for inactivity, unless they have a dedicated Internet access account. Customers may not have multiple simultaneous connections with a single dialup account. Zito reserves the right to impose restrictions on or terminate accounts deemed to be in violation of these conditions. Zito's dialup access servers will disconnect after 30 minutes of inactivity and after 12 hours of continuous access.
2.11 Storing Files: The storage of any program, utility or file on Zito's servers, the use of which would constitute a violation of this Acceptable Use Policy, is prohibited. For example, it is a violation to store hacker scripts, IRC bots, or spamming software on Zito's servers.
2.12 E911 Disclaimer: VoIP phone service depends on Internet connectivity and power to function. Zito emergency calling service / 911 may not be available under certain circumstances, including but not limited to an electrical power outage or a broadband internet service outage.
You are responsible for the accuracy and the completeness of the address that you submit to Zito and advising us of any changes to the address for the location at which VoIP will be used and to which emergency service will be sent in the event that you use the VoIP 9-1-1 dialing service. Inaccurate address information may result in a delay of the required emergency service.
We make no warranties or guarantees as to whether, or the manner in which, 9-1-1 dialed calls that you make are answered or responded to by the local emergency response center or by the national emergency calling centers. We rely on third parties to assist us in routing 911 calls to local and national call centers. We disclaim any and all liability or responsibility in the event that the third party data used to route 9-1-1 dialed calls is incorrect or yields an erroneous result.
3. VIOLATIONS AND CONTACT DETAIL
3.1 Violations: Zito has absolute discretion in determining whether a Customer's activities or use of Zito services are in violation of this Policy. Zito reserves the right to suspend or terminate the provision of a Zito service or services for Customer's breach of, or failure to comply with the Policy, which suspension or termination (i) may be immediate and (ii) may have a fixed or indefinite duration. Before taking such action, Zito shall notify Customer in writing and afford Customer a reasonable opportunity to remedy the alleged failure to comply with the Policy, provided only that no cure or notice period shall be required where the failure to so comply represents, in Zito's reasonable opinion, an immediate and material threat to the integrity or security of the Zito network or to the services Zito provides to others using its network. In such circumstances, Zito shall provide Customer with notice of the service suspension at the same time as such suspension, or as soon afterwards as is reasonably practical. Zito agrees that any suspension of services pursuant to this paragraph will be as narrow in scope and duration as reasonably necessary for Zito to protect its network, rights, property, personnel and other customers.
3.2 Information Accuracy: This Policy is subject to change with notice by publication on this web site; Customers are responsible for monitoring this web site for changes. This Policy was last updated on August 1, 2006. While Zito uses reasonable efforts to provide accurate and up-to-date information on this Web site, Zito makes no warranty or representation as to its accuracy. Moreover, information that may have been accurate at the time of posting may have changed and therefore may no longer be accurate or in effect. Zito undertakes no duty to update such information.