ZingaWEB.net
Agreements and
Policies
By subscribing to or
using ZingaWEB.net services,
you agree to abide
by the following
agreements and
policies:
ZingaWEB.net
reserves the right
to terminate any
account for
violations of the
above policies and
to revise, amend or
modify any of the
above policies at
any time and in any
manner.
The information
contained in this
web site does not
constitute an offer
to sell or a
solicitation of an
offer to buy
securities. The
information
contained in this
web site does not
constitute
investment advice.
Links to third party
web sites on this
site are provided
solely as a
convenience to you.
If you use these
links, you will
leave ZingaWEB.net web site. ZingaWEB.net has
not reviewed, does
not control, does
not endorse, and is
not responsible for
any of these sites
or their content. If
you decide to access
any of the third
party web sites
linked to
ZingaWEB.net web site,
you do so entirely
at your own risk.
Acceptable Use
Policy:
- Say or do
whatever you
want in the
appropriate
forum. If you
are not sure
what's
appropriate,
ask.
- Don't do
anything that is
illegal. If
illegal content
is reported as
originating from
our system, we
will delete the
file and report
the action to
the appropriate
victims and/or
law enforcement.
If illegal
content which
originated from
outside is
reported on our
system, we will
delete the file
from public
access, archive
the item for law
enforcement, and
report the
action to the
originating
system's
administrators.
- Do not do
anything to
jeopardize the
integrity of the
Internet or
ZingaWEB.net's
systems.
- Follow the
policies of the
Internet's
global
community.
- Review and
abide by our
Abuse Policy and
Terms of Service
Agreement
Violation of the
Acceptable Use
Policy may result in
immediate account
termination and
forfeiture of any
fees.
Abuse Policy
ZingaWEB.net is
committed to serving
its customers and
preserving the
integrity of the
Internet by
following widely
accepted guidelines
of Internet
communication.
Abusive practices
are strictly
prohibited on
ZingaWEB.net network.
We are available to
assist you in any
way possible should
you need advice
about proper use of
Internet resources
or should you become
the target of abuse
via the Internet.
Violation of the
Abuse Policy may
result in immediate
account termination
and forfeiture of
any fees.
We deal with two
different types of
abuse:
|
Abuse
ON the net
|
Abuse ON the
net refers
to actions
that would
violate the
laws, norms,
customs or
manners
independent
of the
medium
chosen to
carry out
the action.
Acts which
are
considered
abusive if
carried out
via paper
mail,
telephone,
personal
contact,
fax, etc.,
fall into
this
category.
Abuse ON the
net is
mainly
concerned
with the
content
and/or
intent of
communication.
Examples
include
fraud,
assault,
harassment,
stalking,
forgery,
obscene
communication,
child
pornography,
copyright
infringement
and unlawful
distribution
of
intellectual
property.
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Abuse
OF the net
|
Abuse OF the
net refers
to actions
which
interfere
with the
normal
functionality
of the
network.
Examples
include
excessive
multi
posting or
cross
posting of
USENET
articles,
unsolicited
broadcast
email
(“spam” and
“velveeta”),
mailbombing,
denial of
service or
security
related
attacks. We
also
consider
“camping,”
or using an
ZingaWEB.net
dial-up
account for
dedicated
access,
abuse of the
net. Some of
these
activities
may be
actionable
under
criminal and
civil
statutes. |
General
Guidelines for all
Abuse matters
Innocent Until
Proven Guilty
Experience shows
that a significant
percentage of abuse
reports are either
erroneous or are
intended to harm the
alleged perpetrator.
Administrative or
disciplinary action
will not be
initiated without
evidence which
unambiguously
identifies the
account responsible
for the alleged
abuse.
Customer
Privacy Is Paramount
Information about
customers of
ZingaWEB.net will not be
released, except to
duly authorized
officers of the
state and federal
courts or
investigatory
authorities who
present the proper
legal documents and
except as otherwise
set forth in this
policy and in our
Acceptable Use
Policy. Information
concerning accounts
involved in alleged
offenses will not be
released to the
complainant nor to
the press. See our
Privacy Policy.
Guidelines for
Abuse ON the Net
In general, we do
not review or
monitor the contents
of our customers’
communications.
However, when
abusive content is
brought to our
attention, we will
cooperate as
necessary with law
enforcement
authorities within
the appropriate
legal boundaries and
dispose of the
matter in accordance
with ZingaWEB.net policies
and any additional
constraints imposed
by law. If illegal
content is reported
as originating from
our system, we will
delete the file and
report the action to
the appropriate
victims and/or law
enforcement. If
illegal content
which originated
from outside is
reported on our
system, we will
delete the file from
public access,
archive the item for
law enforcement, and
report the action to
the originating
system's
administrators.
Guidelines for
Abuse OF the Net
ZingaWEB.net is a
commercial
enterprise. Our
customers pay us for
services rendered.
To provide those
services,
ZingaWEB.net establishes
and maintains a
significant
investment in
people, equipment
and software. We are
obligated to
maintain our systems
to meet the
standards set by our
customers, our
investors and the
global Internet
community.
Attacks
Accounts used to
carry out attacks
(mailbombs, network
transport attacks,
newsgroup flooding)
will be closed
immediately upon
authorization by a
designated member of
the staff of
ZingaWEB.net. If
compelling evidence
suggests that the
security of the
account was
compromised and that
the attack was not
carried out by the
holder of the
account then at the
discretion of
ZingaWEB.net, the
account may be
reinstated with a
different
username/password.
Spam
A single,
substantiated
complaint of email
broadcasting will
result in the
suspension of the
account determined
to be responsible
for the email. For
first offenses, the
customer will be
contacted, the Abuse
Policy will be
explained and the
customer will be
asked to abide by
this policy. At the
discretion of
ZingaWEB.net, a
customer's account
may be reactivated
following the
customer contact and
the customer's
agreement to abide
by our Abuse Policy.
Upon any subsequent
offense, the account
will be permanently
closed. In the event
that a customer does
not agree to abide
by our Abuse Policy,
the account will be
permanently closed.
Be aware that this
also applies to
accounts, such as
web sites,
advertised in spam.
For example, if an ZingaWEB.net
customer's web site
is advertised in
spam, even though
the customer did not
send the spam, the
customer has
violated this Abuse
Policy and will be
contacted and/or the
account closed as
set forth above.
In ANY event of
abuse, ZingaWEB.net reserves
the right in its
sole discretion to
immediately
terminate the
account. Accounts
terminated for abuse
issues are not
eligible for
refunds. Moreover,
accounts associated
with abuse will be
responsible for
paying ZingaWEB.net's costs and
expenses of
identifying,
terminating and
correcting such
abuse.
Reporting Abuse
To report any
instance of abuse,
contact:
abuse@zingaweb.net
If you are receiving
unsolicited email,
you may redirect the
mail, along with all
headers to. We will
contact the provider
of the sender's
account. You may
also contact that
provider by sending
email to:
postmaster@providers.name
(insert provider
domain)
Example:
postmaster@zingaweb.net
Terms of Service
Agreement
Read these Terms of
Service carefully
before using our
Internet services
(“Services”). By
subscribing to or
using our Services,
you agree to abide
by these Terms of
Service as well as
our Acceptable Use
Policy, Abuse Policy
and Billing Policy.
You may obtain a
hard copy of these
policies by calling
the ZingaWEB.net
sales office at
(888) 747-4949.
Violation of any
of our policies may
result in immediate
account termination
and forfeiture of
any fees.
_____________________________________________________________
Software
The software and
other products
provided by
ZingaWEB.net contain
proprietary
materials.
Duplication or use
not in accordance
with the user
agreement is
strictly forbidden.
The software
provided by
ZingaWEB.net may contain
third party
shareware and its
use may be subject
to terms and
conditions of
separate shareware
license agreements.
Payment and
Billing
See our Billing
Policy. Visit
our Billing Site
http://zingaweb.net/billing
Pricing
Current prices for
our Services are
posted throughout
our website at or
may be obtained by
calling (888)
747-4949.
ZingaWEB.net reserves
the right to change
prices and institute
new fees at any
time.
Use of Account
Upon registration,
you receive a
username, password,
and account
designation. You and
members of your
household or
business, if you
have purchased a
business account,
are the only
authorized users of
your account and
must comply with
these terms of
service. You must
keep your password
confidential so that
no one else may
access the Services
through your
account. You must
notify us
immediately upon
discovering any
unauthorized use of
your account.
ZINGAWEB and
ZINGAMAIL- e-MAIL
CUSTOMERS
ZingaWEB.net is
not responsible for
lost or damaged
email due to
transferring
attempts from other
mailboxes. See also:
"No Warrantees;
Limitation of
Liability," below.
NO WARRANTIES;
LIMITATION OF
LIABILITY.
ZingaWEB.net
HAS NO CONTROL OVER
THE INFORMATION,
PRODUCTS, OR
SERVICES ON THE
INTERNET, EXCEPT FOR
THOSE SERVICES
SPECIFICALLY OFFERED
AND PROVIDED BY
ZingaWEB.net.
ZingaWEB.net
HAS NO
CONTROL OVER AND IS
NOT RESPONSIBLE FOR
ANY MATERIALS ON THE
INTERNET WHICH MAY
BE OFFENSIVE TO YOU
OR ANY PRODUCTS OR
SERVICES YOU MAY
PURCHASE FROM THIRD
PARTIES ON THE
INTERNET. THE USER
ASSUMES ALL RISK AND
LIABILITY FOR ANY
DAMAGE OR LOSS
WHATSOEVER
ASSOCIATED WITH THE
USE OF THE INTERNET
OR THE SOFTWARE,
SERVICES OR PRODUCTS
PROVIDED BY
ZingaWEB.net.
THE SOFTWARE,
SERVICES AND OTHER
PRODUCTS PROVIDED BY
ZingaWEB.net ARE
PROVIDED ON AN “AS
IS” AND “AS
AVAILABLE” BASIS.
ZingaWEB.net
MAKES NO WARRANTIES,
EXPRESSED OR
IMPLIED, INCLUDING
WARRANTIES OF
MERCHANTABILITY OR
FITNESS FOR A
PARTICULAR PURPOSE
IN CONNECTION WITH
THE SERVICES. NO
ADVICE OR
INFORMATION GIVEN BY
ZingaWEB.net OR
ITS REPRESENTATIVES
SHALL CREATE A
WARRANTY.
ZingaWEB.net IS NOT
LIABLE FOR ANY COSTS
OR DAMAGES ARISING
DIRECTLY OR
INDIRECTLY FROM YOUR
USE OF THE SERVICES
OR THE INTERNET
INCLUDING ANY
INDIRECT,
INCIDENTAL,
CONSEQUENTIAL,
PUNITIVE, EXEMPLARY,
RELIANCE OR SPECIAL
DAMAGES RELATED TO
LOSS OF USE OR LOST
BUSINESS, REVENUE,
PROFITS OR GOODWILL.
ZingaWEB.net'S
TOTAL LIABILITY TO
ANY USER FOR ANY AND
ALL CLAIMS RELATING
TO THE USE OF THE
SERVICES SHALL NOT
EXCEED THE TOTAL
AMOUNT PAID BY SUCH
USER TO ZingaWEB.net FOR THE
SERVICES DURING A
ONE YEAR PERIOD.
THIS APPLIES
REGARDLESS OF THE
FORM OF ACTION,
WHETHER IN CONTRACT,
WARRANTY, STRICT
LIABILITY, TORT
(INCLUDING, WITHOUT
LIMITATION,
NEGLIGENCE OF ANY
KIND) OR OTHERWISE,
AND WHETHER OR NOT
DAMAGES WERE
FORESEEABLE.
Web Site Users
Links to third party
web sites on
ZingaWEB.net site are
provided solely as a
convenience to you.
If you use these
links, you will
leave ZingaWEB.net web site.
ZingaWEB.net has
not reviewed, does
not control and is
not responsible for
any of these sites
or their content.
ZingaWEB.net does
not endorse or make
any representations
about these sites,
or any information,
software or other
products, services
or materials found
there, or any
results that may be
obtained from using
them. If you decide
to access any of the
third party web
sites linked to
ZingaWEB.net’s
web site, you do so
entirely at your own
risk.
Term and
Termination
Use of the Services
constitutes
acceptance of these
Terms of Service,
ZingaWEB.net’s
other policies and
any future versions.
If you are
dissatisfied with
the Services or any
related terms,
conditions, policies
or practices, your
sole and exclusive
remedy is to
discontinue using
the Services and to
terminate your
account.
You may terminate
your account at any
time and for any
reason by providing
notice of intent to
terminate to
ZingaWEB.net by:
registered or
certified mail,
return receipt
requested addressed
to ZingaWEB.net,
Customer Service,
1212 West Main
Street, Richmond,
Kentucky 40475 or a
telephone call
directed to Accounts
Customer Service at
(859) 623-1500.
Your termination
will only be
complete upon your
receipt of a
cancellation
confirmation number.
Charges to your
account will stop
accruing the day
ZingaWEB.net
provides you with a
cancellation
confirmation number.
Based on your
billing cycle,
charges accrued
prior to your
termination may
apply after you
receive a
cancellation
confirmation. If
your account
included space on
ZingaWEB.net’s
servers, anything
stored on this space
will be deleted upon
termination.
Without prior
notice, ZingaWEB.net may
terminate your use
of the Services,
your password or
your account for any
reason, including,
without limitation,
if ZingaWEB.net
in its sole
discretion believes
you have violated
these Terms of
Service, our
Acceptable Use
Policy or any of our
policies, or if you
fail to pay any
charges when due.
ZingaWEB.net may
provide termination
notice to you by
email addressed to
your email account
or by US Mail.
INDEMNIFICATION
YOU AGREE TO
INDEMNIFY AND HOLD
HARMLESS
ZingaWEB.net FROM ANY
AND ALL CLAIMS AND
DAMAGES (INCLUDING
ATTORNEYS’ FEES AND
EXPENSES) RELATED TO
(I) YOUR BREACH OF
THIS AGREEMENT OR
ANY OTHER POLICIES
OF ZingaWEB.net
OR (II) YOUR USE OF
THE SERVICES OR THE
INTERNET.
JURISDICTION
THIS AGREEMENT IS
GOVERNED BY
KENTUCKY LAW
WITHOUT REGARD TO
CONFLICT OF LAW
PROVISIONS. THE
PARTIES AGREE THAT
ANY DISPUTES
REGARDING THIS
AGREEMENT OR THE
SERVICES WILL BE
BROUGHT IN THE
APPROPRIATE FEDERAL
OR STATE COURT IN
MADISON COUNTY,
KENTUCKY. YOU
CONSENT TO THE
PERSONAL
JURISDICTION OF SUCH
COURTS SITTING IN
KENTUCKY WITH
RESPECT TO SUCH
MATTERS OR OTHERWISE
BETWEEN YOU AND
ZingaWEB.net AND
WAIVE YOUR RIGHTS TO
REMOVAL OR CONSENT
TO REMOVAL.
Miscellaneous
This Terms of
Service Agreement,
the Acceptable Use
Policy , the Abuse
Policy, the Billing
Policy and
ZingaWEB.net other
user policies posted
on ZingaWEB.net’s
Web site constitute
the entire agreement
between you and
ZingaWEB.net with
respect to your use
of the Services.
These Terms of
Service and any of
ZingaWEB.net’s
other user policies
may be revised,
amended, or modified
at any time and in
any manner.
_____________________________________________________________
Privacy Policy
ZingaWEB.net is
committed to
respecting the
privacy of our
customers. The
personal information
a customer provides
to us is used by us
to provide access
service, bill the
customer’s account
and update our
customers on
happenings at
ZingaWEB.net. We do not
sell our customer
lists or any
customer personal
information to
others for marketing
purposes.
Additionally, we do
not regularly
monitor our
customers’ email,
newsgroup posts, web
sites or track their
movements on the
Internet. Other than
bugging you
periodically with a
newsletter from our
CEO or with
important
announcements, we
will do everything
possible to protect
your privacy and not
subject you to multi
level marketing
schemes. Information
about customers of
ZingaWEB.net will
be released only to
the customer, to the
appropriate
employees of
ZingaWEB.net or to duly
authorized officers
of the state and
federal courts or
investigatory
authorities who
present the proper
legal documents. Any
report of data or images
relating to child pornography
will be turned over to the U.S,
Federal Bureau of Investigation.
ZingaWeb owners believe 100% in
freedom of speech and have no
issue with adult pornography,
however we have a zero tolerance
for child porn.
_____________________________________________________________
Billing Policy
Subscribers must
provide ZingaWEB.net with
accurate and
complete billing
information
including legal
name, address,
telephone number,
and credit
card/billing
information, and
report to
ZingaWEB.net all changes
to this information
within fifteen (15)
days of the change.
All accounts are
automatically
re-billed, depending
on your billing
frequency, without
notification.
Billing Frequency
Your billing
frequency is equal
to the length of
your billing cycle
and is determined by
the type of payment
schedule you
selected, e.g.,
monthly, semi
annually, annually,
bi annually. The
cycle begins upon
the day that you
sign up for service.
If you prepay for
six, twelve or
twenty-four months
of service, you will
be provided service
until the end of
your prepaid term
(subject to
compliance with our
abuse and other
policies). As such,
we will not refund
prepaid accounts.
Activation fees are
not refundable.
Payment Methods
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Credit
Cards:
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Credit cards
are billed
according to
the billing
frequency.
For example,
an account
with an
annual
billing
frequency is
charged once
per year
while it is
active. Your
account will
be
automatically
re-billed
without
notification
at the end
of your
billing
frequency.
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Auto-debits:
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Auto debits
(e.g.,
electronic
debits from
a bank
account) are
billed
according to
the billing
frequency.
For example
an account
with an
annual
billing
frequency is
charged once
per year
while it is
active. Your
account will
be
automatically
re-billed
without
notification
at the end
of your
billing
frequency.
All
auto-debit
transactions
are treated
as checks
for refund
purposes in
that refunds
shall be
delayed ten
(10)
business
days to
allow time
for the
debit to
clear with
the bank.
You will be
charged a
fee of $2.50
for each
automatic
bank account
debit or
credit
transaction
associated
with your
ZingaWEB.net
account. For
example, if
you pay for
your
internet
services by
an automatic
debit of
your bank
account on a
monthly
basis, you
will be
charged
$2.50 per
month in
addition to
the cost of
your
internet
services
Likewise,
any refund
you receive
by an
automatic
credit to
your bank
account will
be reduced
by $2.50.
This fee
does not
apply to
credit card
and debit
card
transactions
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Checks
and
Invoices:
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Customers
choosing
check/invoice
payment
options are
sent an
invoice
promptly
upon sign
up. Payment
of this
invoice is
due within
fifteen (15)
days.
Recurring
invoices
shall be
sent on the
customer's
next billing
date.
Refunds
shall be
delayed ten
(10)
business
days to
allow time
for the
check to
clear with
the bank.
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Returns/Declines:
Customers shall
receive notification
of returned items
(e.g., declines, NSF
checks) via e mail.
Customers with
multiple instances
of checks returned,
credit cards
declined, etc.,
shall be required to
pre pay their
memberships for a
period of at least 6
months. A $25 NSF
fee will be assessed
for each returned
check and ACH or
credit card
declines.
Termination:
To
cancel
services,
subscribers
are
responsible
for
informing
ZingaWEB
in writing
by letter,
email or fax
by the 25th
of the month
prior to the
next billing
cycle to
avoid
additional
charges.
Cancellations
after the
1st of any
month will
result in at
least a 50%
charge of
the initial
fee.
Charges and
Refunds:
Subscribers
are responsible
for any charges
to their
account. Payment
is due within 3
days of invoice
or initial
attempt at
credit card
charge or
auto-debit, as
applicable. You
may be subject
to pay a late
fee of $2.00 or
1 1/2% after ten
(10) days. All
charges are
considered valid
unless disputed
in writing
within fifteen
(15) days of the
billing date.
Adjustments will
not be made for
charges that are
more than ten
(10) days old.
ZingaWEB.net
is not
responsible for
any charges or
expenses (e.g
for overdrawn
accounts,
exceeding credit
card limits,
etc.) resulting
from charges
billed by
ZingaWEB.net.
Delinquent
accounts may be
suspended or
canceled at
ZingaWEB.net's sole
discretion;
however, charges
will continue to
accrue until the
account is
canceled.
ZingaWEB.net may
bill an
additional
charge to
reinstate a
suspended
account.
Refunds are
disbursed in the
manner
determined by
ZingaWEB.net
at its
discretion (ie.
check, credit to
credit card or
service credit).
Any incorrectly
issued refunds
will be
recovered by
ZingaWEB.net
in the same
manner as the
refund was
issued. For
example, suppose
ZingaWEB.net
charges your
credit card for
an amount, but
that charge is
subsequently
voided because
you dispute the
charge with your
credit card
company. If
ZingaWEB.net
also issues you
a refund for
that charge (in
the form of a
credit to your
credit card
account),
ZingaWEB.net is
entitled to
recover that
refund by
charging your
credit card
account for the
amount of the
refund. As
stated above
under "Billing
Frequency," if
you prepay for
six, twelve or
twenty-four
months of
service, you
will be provided
service until
the end of your
prepaid term
(subject to
compliance with
our abuse and
other policies).
As such, we will
not refund
prepaid
accounts.
Activation fees
are not
refundable.
Note: Any type
of account
cancelled for a
violation of our
Acceptable Use
Policy or Abuse
Policy is not
eligible for any
type of refund.
DSL customers
may receive a
refund in the
following
circumstances:
After
installation of
DSL service the
customer is
responsible for
all associated
charges for the
service term.
Setup fees will
not be refunded
for any account
successfully
installed,
regardless of
the time of
cancellation.
Any refunds due
will not be
issued until
customer has
returned any and
all CPE
(Customer
Premises
Equipment) in
accordance with
the process
provided by
ZingaWEB.net.
There is a
restocking fee
charged to the
customer for
returned CPE.
The restocking
fee is $75 for a
DSL modem, and
$125 for a DSL
router.
DSL Termination
Fee
If you cancel
your DSL order
prior to
installation,
you will be
responsible for
paying
a full months
service
order
cancellation
fee.
If you cancel
your DSL service
within one year
of its
installation,
you will be
responsible for
paying a
cancellation fee
of
$250.
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Using this promotional code will take off
15% of your invoice when checking out. It applies to all payment terms!