ZubeHost Acceptable Use Policy

Last updated: December 8, 2010

Introduction

This document states the Terms and Conditions and the Acceptable Use Policy (hereinafter referred to as the “AUP”) for use of services provided by ZubeHost to the customer/client/user (hereinafter referred to as the “Customer”). This document supersedes all forms of this document previously published by ZubeHost. This document is maintained and published on-line on the ZubeHost home page at http://zubehost.com/docs/aup.

All Customers of ZubeHost are required to be familiar with these Terms and Conditions and the AUP. Use of ZubeHost services in any form constitutes acceptance of these Terms and Conditions and the AUP and Customer’s agreement to adhere to these Terms and Conditions and the AUP.

Account and Policy Term

The effective date of these Terms and Conditions and the AUP is the date of acceptance by the Customer of services from ZubeHost, and they shall remain in effect until Customer terminates his/her account or ZubeHost cancels Customer's account.

ZubeHost reserves the right to change these Terms and Conditions and the AUP at any time. Notification of changes will be announced via email. If Customer does not agree to changes, Customer may cancel services by giving ZubeHost 5 day written notice.

Designated Agent for Notices of Claimed Copyright Infringement

Name Of Agent Designated to Receive Notifications of Claimed Infringement:

Quality Assurance Manager

Full Address of Designated Agent to which Notifications Should be Sent:

301 W. Northern Lights Blvd, Suite 301 Anchorage, Alaska 99503 United States of America

Telephone Number of Designated Agent:

+1 (907) 264-3331

Facsimile (fax) Number of Designated Agent:

TO BE DETERMINED

Email Address of Designated Agent:

dmca@zubehost.com

Termination for Cause

ZubeHost may terminate an account at any time for any violation of these Terms and Conditions and the AUP. Such termination generally means that all files are deleted and all services are rescinded. All losses and expenses suffered by Customer as a result of such termination or actions will be Customer's to bear alone and ZubeHost will have no liability whatsoever related to such termination or actions.

Provision of Services

ZubeHost will provide services on its host computing systems to Customers in exchange for banner advertising on Customer's ZubeHost-hosted sites and compliance with these Terms and Conditions and the AUP. ZubeHost services are defined as the use by Customer of computing, telecommunications, software, and information services provided by ZubeHost. These services also include the provision of access to certain computing, telecommunications, software, and information services provided by others via the Internet.

Security of Accounts

ZubeHost accounts are for individual Customers. Customer therefore agrees not to share the password of Customer’s account with others. Customer agrees to maintain a secure password to the account and is responsible for any use of his/her account. Customer agrees not to use any ZubeHost services to obtain the passwords of other Customers on ZubeHost or other systems. Customer agrees not to use ZubeHost services to make unauthorized attempts to access any systems and networks.

Prohibited Use

Customer agrees not to use ZubeHost services in any manner which constitutes a violation of copyright or other intellectual property rights. For examples, Customer may not upload or download commercial software in violation of software license agreements and Customer is prohibited from uploading any content or materials which in any way violates copyright or other intellectual property rights or laws. Customer agrees to use the services provided by ZubeHost as permitted by applicable local, state, and federal laws. Customer agrees, therefore, not to use these services to conduct any business or activity that is prohibited by law.

IN CONNECTION WITH CUSTOMER’S USE OF ZUBEHOST’S SERVICES, CUSTOMER IS PROHIBITED FROM UPLOADING OR DISPLAYING ANY CONTENT OR MATERIALS UNLESS SUCH CONTENT OR MATERIALS ARE OWNED BY CUSTOMER, ARE LEGALLY LICENSED TO CUSTOMER, OR ARE OTHERWISE LEGALLY BEING USED OR DISPLAYED BY CUSTOMER (SUCH AS IF SUCH CONTENT OR MATERIALS ARE IN THE PUBLIC DOMAIN). CUSTOMER EXPRESSLY AGREES ZUBEHOST DOES NOT OWN ANY SUCH CONTENT OR MATERIALS AND ZUBEHOST DOES NOT HAVE THE ABILITY TO CONTROL OR INVESTIGATE CUSTOMER’S OWNERSHIP OR RIGHT TO USE OR DISPLAY ANY SUCH CONTENT OR MATERIALS.

Any mailing or posting of "Make Money Fast" (MMF) or "Fast Cash" or pyramid schemes or chain letters of any sort will result in quick account termination. Pyramid schemes are illegal no matter how the message is presented. Pyramid schemes are NOT permitted.

ZubeHost will react strongly to any unauthorized use or attempted unauthorized use of an Internet account or computer without the owner's authorization. Whether or not the attacked account or computer belongs to ZubeHost, such attempts include but are not limited to "social engineering" (tricking other people into releasing their passwords), password cracking, security hole scanning, and denial of service attacks. Possible responsive actions include warnings, account suspension or cancellation, and legal action, according to the seriousness of the attack.

Commercial Advertisements

Commercial advertising is an accepted and welcome use of the Internet. However, there is appropriate and inappropriate Internet advertising. Customers that do not abide by this Internet standard may be denied access to newsgroups and in some cases to the Internet entirely.

Commercial advertisements are unwelcome in most Usenet discussion groups and on most E-mail mailing lists. Inappropriate postings may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. Unsolicited commercial advertisements sent out via E-mail or to many off-topic newsgroups are not allowed. Generally ads should be placed in the ".biz" newsgroup hierarchy.

Sending a message, such as unsolicited e-mail, especially an unrequested advertisement, to multiple recipients is by itself "spamming," which is an unauthorized use of E-mail, unless the individuals have specifically requested to be added to a mailing list on that topic.

Illegal Material

ZubeHost assumes no legal liabilities relating to Customer's use of ZubeHost’s computer network and equipment. However, ZubeHost requires that its customers not use ZubeHost’s network for illegal purposes. When presented with a search warrant, ZubeHost is obligated to release appropriate information requested, and will cooperate with the authorities in any criminal investigation.

While ZubeHost recognizes that the legal status of the Internet has not yet been fully resolved, ZubeHost considers certain actions illegal and therefore not allowed on its network, for example: unauthorized distribution of copyrighted material; exploitation of minors; and unauthorized use of computer resources.

ZubeHost makes no representations concerning any attempt to review the content of sites hosted on its servers, and ZubeHost is not responsible for the accuracy, copyright compliance, legality or decency of material contained in sites hosted on its servers.

Harassment

Harassment or abusive use of E-mail and other Internet services is a serious misuse of Internet resources. ZubeHost strictly prohibits any such inappropriate or illegal conduct.

Inappropriate Use of Web Service

ZubeHost provides space for commercial web pages with some services. ZubeHost maintains no responsibility for the content of such pages. ZubeHost will handle complaints about inappropriate web pages on a case-by-case basis. Examples of inappropriate information include downloadable virus code, bulk E-mail lists, illicit advertising, and web-based services that allow members of the public to send E-mail or post news anonymously.

Abuse of ZubeHost Services

Any use of ZubeHost system resources that disrupts the normal operation of the system or the use by other ZubeHost Customers is considered to be an abuse of system resources and is grounds for ZubeHost’s intervention and possible termination of Customer’s account. Use of ZubeHost computers or Internet connection to send ping or other packets in an attempt to deny service to another user is considered abuse. Depending on the nature and the severity of the abuse, Customer may receive an E-mail warning, have his processes halted, or have his account suspended or terminated. If the misuse is unintentional or has other mitigating circumstances, the termination or suspension may be rescinded but may require a reconnection charge. Customers who believe their activity has been inappropriately handled may appeal to ZubeHost’s management.

Reporting Abuse

To report abuse of ZubeHost systems, please send a message to abuse@zubehost.com. Please include the URL of the site in question, as well as any other pertinent information.

Offensive or Adult Materials

ZubeHost does not censor on the basis of politics, religion, sexual themes or artistic content. ZubeHost has no control over the content of materials accessed. Some materials may be offensive or adult in nature. Parents are responsible for monitoring children's exposure to any material. ZubeHost assumes no responsibility for any material or for monitoring or controlling access to such material.

No Warranties

Customer expressly agrees that use of ZubeHost’s services is at Customer’s sole risk. ZubeHost makes no warranties of any kind, whether express or implied, for its services. ZubeHost specifically disclaims any implied warranties of merchantability or fitness for any particular purpose, which disclaimer Customer expressly agrees to. ZubeHost will not be held responsible for any losses or damages resulting from delays, non-deliveries, mis-deliveries, service interruption, or Customer's or ZubeHost’s errors or omissions. ZubeHost will not under any circumstances be responsible for and Customer hereby expressly waives any claim for consequential or incidental damages.

ZubeHost reserves the right to suspend or terminate accounts for any reason, including but not limited to if, in ZubeHost's opinion, the Customer is disrupting or threatening the operation of this site and/or the Internet or its components. In the context of these Terms and Conditions and the AUP, using other sites or servers to abuse the Internet via ZubeHost access is regarded the same as using ZubeHost’s site or services.

Indemnification

Upon ZubeHost’s request, Customer agrees to defend, indemnify and hold harmless ZubeHost and its affiliated companies, partners, shareholders, employees, contractors, officers, directors and other representatives from any and all liabilities, claims, expenses, attorneys fees, costs, and other amounts that may arise from any actual or alleged breach by Customer of these Terms and Conditions and the AUP or in any other way from Customer’s use of ZubeHost’s services. ZubeHost reserves the right to assume the exclusive defense and control of any matter subject to indemnification by Customer hereunder.

Applicability

These Terms and Conditions and the AUP cannot be superseded by any verbal agreement between ZubeHost’s employees and Customers. Any agreement modification or special changes to these Terms and Conditions and the AUP must be in writing and signed by an officer of ZubeHost.

Jurisdiction

The laws of the State of Washington shall govern the validity, construction and performance of: (1) these Terms and Conditions and the AUP; (2) Customer's agreement to abide by these Terms and Conditions and the AUP; and (3) any dispute or claim which may arise concerning Customer’s use of ZubeHost’s services or the providing of services by ZubeHost. Customer expressly agrees that exclusive jurisdiction for any claim or dispute involving these Terms and Conditions and the AUP or Customer’s use or receipt of ZubeHost’s services exists in the courts of the State of Washington and venue of any such matter shall be in the King County Superior Court for the State of Washington. Customer further agrees and expressly consents to the exercise of personal jurisdiction in the State of Washington with respect to any such claim or dispute.

Severability

If any provision of these Terms and Conditions and the AUP is held by a court to be contrary to law, the remaining provisions will remain in full force and effect.