ZINGAWEB.net - Terms Of Service

ZINGA Networks Agreements and Policies

By subscribing to or using ZINGA Network's services, or Chapel Holdings Services you agree to abide by the following agreements and policies:

Acceptable Use Policy
Abuse Policy
Terms of Service Agreement
Privacy Policy
Billing Policy
Trademark and Copyright Notice

ZINGA Networks 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 ZINGA Networks' web site. ZINGA Networks 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 ZINGA Network's 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 ZINGA Networks' 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

ZINGA Networks 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 ZINGA Network's 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.

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 ZINGA Networks 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 ZINGA Networks 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 ZINGA Networks' 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

ZINGA Networks is a commercial enterprise. Our customers pay us for services rendered. To provide those services, ZINGA Networks 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 ZINGA Networks. 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 ZINGA Networks, 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 ZINGA Networks, 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 a ZINGA Networks 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. Do NOT use third parties to ILLEGALLY advertise or SPAM your site. This is like hiring someone to commit a crime.

In ANY event of abuse, ZINGA Networks 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 ZINGA Networks' 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@chpl.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 ZINGA Networks sales office at (859) 358-6272.

Violation of any of our policies may result in immediate account termination and forfeiture of any and all fees.
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Software

The software and other products provided by ZINGA Networks contain proprietary materials. Duplication or use not in accordance with the user agreement is strictly forbidden. The software provided by ZINGA Networks 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.

Telephone Costs

Local access dial up numbers may not be available in all areas. You are solely responsible for determining if use of a particular dial up number will cause you to incur long distance, toll, or other charges. ZINGA Networks is not responsible for any long distance, toll or other telecommunications charges you incur. Toll free (800 #), international, and simultaneous login access costs are extra.

Pricing

Current prices for our Services are posted throughout our website at or may be obtained by calling (888) 747-4949. ZINGA Networks 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.

Access Numbers

ZINGA Networks may change its access numbers at any time. ZINGA Networks may direct you to use certain numbers to access the Services or to restrict use of specific access numbers. Usernames, passwords and email addresses are ZINGA Network's property and ZINGA Networks may alter or replace them at any time.

ZINGA E-MAIL CUSTOMERS

ZINGA Networks 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.

ZINGA Networks HAS NO CONTROL OVER THE INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET, EXCEPT FOR THOSE SERVICES SPECIFICALLY OFFERED AND PROVIDED BY ZINGA Networks. ZINGA Networks 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 ZINGA Networks.

THE SOFTWARE, SERVICES AND OTHER PRODUCTS PROVIDED BY ZINGA Networks ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ZINGA Networks 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 ZINGA Networks OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. ZINGA Networks 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.

ZINGA NETWORKS 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 ZINGA NETWORKS 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 ZINGA Networks' site are provided solely as a convenience to you. If you use these links, you will leave ZINGA Networks' web site. ZINGA Networks has not reviewed, does not control and is not responsible for any of these sites or their content. ZINGA Networks 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 ZINGA Networks' web site, you do so entirely at your own risk.

Term and Termination

Use of the Services constitutes acceptance of these Terms of Service, ZINGA Network'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 ZINGA Networks by: registered or certified mail, return receipt requested addressed to ZINGA Networks, 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 ZINGA Networks 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 ZINGA Networks' servers, anything stored on this space will be deleted upon termination.

Without prior notice, ZINGA Networks may terminate your use of the Services, your password or your account for any reason, including, without limitation, if ZINGA Networks 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. ZINGA Networks 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 ZINGA Networks 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 ZINGA Networks 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 ZINGA Networks 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 ZINGA Networks' other user policies posted on ZINGA Networks' Web site constitute the entire agreement between you and ZINGA Networks with respect to your use of the Services. These Terms of Service and any of ZINGA Networks' other user policies may be revised, amended, or modified at any time and in any manner.
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Privacy Policy

ZINGA Networks 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 ZINGA Networks. 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 ZINGA Networks will be released only to the customer, to the appropriate employees of ZINGA Networks or to duly authorized officers of the state and federal courts or investigatory authorities who present the proper legal documents.
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Billing Policy

Subscribers must provide ZINGA Networks with accurate and complete billing information including legal name, address, telephone number, and credit card/billing information, and report to ZINGA Networks 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.

Changes can ONLY be accepted by entering the information in your account INFO AREA at http://zingaweb.net/billing . EMAILS WILL NOT CONSTITUTE A CHANGE as spam filters, spoofs, etc often times prevent emails from reaching their destination.

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

Credit Cards:	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. An email notification will be sent however we are not responsible if you do not receive your email. Statements are available online 24x7 at http://zingaweb.net/billing
Auto-debits:	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.
Checks and d Invoices:	Customers choosing check/invoice payment options are sent an invoice promptly upon sign up. Payment of this invoice is due within ten (10) 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.

Customer Cancelations

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 ZINGA Communications in writing by letter, or fax by the 25^th of the month prior to the next billing cycle to avoid additional charges. Termination can also be done through the Customer Billing Interface. http://zingaweb.net/billing A cancelation completion notice will be generated and sent to you for your records.

Charges and Refunds: :

Delinquent accounts may be suspended or canceled at ZINGA Networks' sole discretion; however, charges will continue to accrue until the account is canceled. ZINGA Networks may bill an additional charge to reinstate a suspended account.

Refunds are disbursed in the manner determined by ZINGA Networks at its discretion (ie. check, credit to credit card or service credit). Any incorrectly issued refunds will be recovered by ZINGA Networks in the same manner as the refund was issued. For example, suppose ZINGA Networks charges your credit card for an amount, but that charge is subsequently voided because you dispute the charge with your credit card company. If ZINGA Networks also issues you a refund for that charge (in the form of a credit to your credit card account), ZINGA Networks 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 and Domain 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 ZINGA Networks. 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 Fees

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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If you have questions concerning your account, you may call our billing department at (888) 747-4949 or send an email to: billing@chpl.net

Thank you for your continuing support of ZINGA Networks. We appreciate your business.

Trademark and Copyright Notice

© 1995 -2005 ZINGA Networks

ZINGA Networks, the ZINGA Networks logo, WireFIRE DSL, FireCracker Wireless and NetFlash are registered service marks of ZINGA Communications and its subsidiaries. All other trademarks and service marks are the property of their respective owners.

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