As a provider of Internet/World Wide Web access, website hosting, and other Internet-related services, Zadro Solutions, Inc. dba Zadro Web, (“Zadro”) offers each “Client” or “Clients”, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. Zadro respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Zadro reserves the right to take certain preventative or corrective actions.
In order to protect these competing interests, Zadro has developed this Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each Client’s respective service agreement and is intended as a guide to the Client’s rights and obligations when utilizing Zadro’s web hosting services.
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 Clients or others obtain information through the Internet, they must keep in mind that Zadro 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 Zadro cannot monitor or censor the Internet, and will not attempt to do so, Zadro cannot and does not accept any responsibility for injury to its Clients or others that results from inaccurate, unsuitable, offensive, or illegal Internet communications. When Clients or others disseminate information through the Internet, they also must keep in mind that Zadro does not review, edit, censor, or take responsibility for any information its users, customers, Clients, subscribers, or others may create.
When Clients 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 Zadro’s network and may reach a large number of people, including both Clients and subscribers and non-subscribers of Zadro, Clients’ postings to the Internet may affect others and may harm Zadro’s goodwill, business reputation, and operations. For these reasons, Clients violate Zadro 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 web hosting services of Zadro or of any third party which is subscribed to or obtained through Zadro (the “Services”). This AUP is incorporated by reference into each web hosting agreement Zadro or any such third party enters into with Client for the use of such Services.
The purpose of this AUP is to enhance the quality of the Services and to protect Clients, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This AUP applies to each Client. Each Client 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
Zadro uses sophisticated means of security in connection with the Services. Notwithstanding the foregoing, it is exclusively Client’s obligation to maintain and control passwords to Client’s web site(s), and Client exclusively is responsible for all activities that occur in connection with Client’s user name, password, and registered domain name(s), as well as any and all scripts or programs added to the website by the Client or authorized users.
Client agrees to immediately notify Zadro of any unauthorized uses of the Service or any other breaches of security. It is exclusively Client’s responsibility to update and secure any programs or scripts available via their website. Client’s failure to update and secure any programs or scripts available via their website may result in Zadro either updating the programs and scripts or suspending your account services until they are updated. Zadro will not be liable for any loss or damages of any kind, under any legal theory, caused by Client’s failure to comply with any of the foregoing security obligations or caused by any person to whom Client grants access to Client’s Services, or due to any updates performed by Zadro pursuant to the terms of this section.
The uses of Zadro Services set forth in this section hereinbelow are prohibited. The engaging in any prohibited use as set forth herein by Client or by any affiliate or subscriber of Client (as determined in the sole discretion of Zadro) constitutes a material breach of these Terms and will subject Client’s account to immediate termination without notice and without any refund.
Spamming, whether or not it overloads the Services or disrupts service to Zadro’s Clients, 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. Zadro requires that all email messages contain an automated opt-out. Zadro’s Clients are required to follow all rules in the Can Spam Act. Zadro 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, Zadro allows a MAXIMUM of 500 emails per hour to be sent from any individual hosting account.
No Client 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.
No Client 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.
Private Information and Images
Clients 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
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 Client 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.
The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Zadro 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.
Engaging in any activity that, in Zadro’s sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, Zadro’s business, operations, reputation, goodwill, Clients and/or Client relations, or the ability of Zadro’s Clients 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 the AUP. In addition, the failure of Client to cooperate with Zadro in correcting or preventing violations of the AUP by, or that result from the activity of, a subscriber, patron, customer, invitee, visitor, or guest of the Client constitutes a violation of the AUP by Client.
Zadro is not “HIPAA compliant.” Clients 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. Clients 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. Zadro does not control or monitor the information or data you store on or transmit through Services. Zadro specifically disclaims 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 Zadro is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA.
EFFECTIVE DATE & UPDATES
This AUP is effective as of July 26, 2017, and will remain in effect except with respect to any changes in its provisions in the future. Any changes will be in effect immediately after being posted on this page.
Zadro reserves the right to update or change this AUP at any time. We encourage you to check this AUP periodically. If we make any material changes to this AUP, we will notify you either through the email address you have provided us or by placing a prominent notice on our website. Your continued use of Services after we post any modifications to the AUP on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified AUP.