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:: Terms of Service ::
PLEASE
COMPLETELY READ THESE TERMS OF USE BEFORE USING THIS SITE.
By using this site, you
signify your agreement to these terms of use. If you do not agree to these
terms of use, please do not use the site. zacknetwork.net reserves the
right, at its discretion, to add, change, modify, or remove portions of
these terms at any time. Please check these terms regularly for changes.
Your continued use of zacknetwork.net following the posting of any changes
to these terms will mean you accept those changes.
By using this site you
expressly agree that use of zacknetwork.net is at your sole risk. Neither
zacknetwork.net, nor its affiliates, nor any of its officers directors, or
employees, agents, third-party content providers, licensers, sponsors,
merchants, or the like, warrant that zacknetwork.net will be uninterrupted
or error-free; nor do they make any warranty as to the results that may be
obtained from the use of zacknetwork.net and its services, or as to the
accuracy, reliability, or currency of any information content, service, or
merchandise provided through zacknetwork.net.
DISCLAIMER
zacknetwork.net is provided
on an "as is," "as available" basis without warranties of any kind, either
expressed or implied, including but not limited to warranties of title or
implied warranties of merchantability or fitness for a particular purpose.
No oral advice or written information given by zacknetwork.net nor its
affiliates, nor any of its officers, directors, employees, agents,
providers, merchants, sponsors, licensers, or the like, shall create a
warranty; nor shall you rely on any such information or advice.
Under no circumstances shall
zacknetwork.net or any other party involved in creating, producing, or
distributing zacknetwork.net be liable for any direct, indirect,
incidental, special, or consequential damages that result from the use of
or inability to use zacknetwork.net, including but not limited to reliance
by you on any information obtained from zacknetwork.net or that result
from mistakes, omissions, interruptions, deletion of files or email,
errors, defects, viruses, delays in operation or transmission, or any
failure of performance, whether or not resulting from acts of God,
communications failure, theft, destruction, or unauthorized access to
zacknetwork.net's records, programs, or services. You hereby acknowledge
that this paragraph shall apply to all content, merchandise, and services
available through zacknetwork.net. Due to the fact that some states do not
allow the exclusion or limitation of liability for consequential or
incidental damages, in such states liability is limited to the fullest
extent permitted by law.
Information on this web site
may contain technical inaccuracies or typographical errors. Information
may be changed or updated without notice. zacknetwork.net may also make
improvements and/or changes in the products and/or the programs described
in this information at any time without notice.
zacknetwork.net does not want
to receive confidential or proprietary information from you through our
web site or e-mail addresses. Please note that any information or material
sent to zacknetwork.net or any of its related sites, services, or e-mail
addresses will be deemed NOT to be confidential. By sending
zacknetwork.net any information or material, you grant zacknetwork.net an
unrestricted, irrevocable license to use, reproduce, display, perform,
modify, transmit and distribute those materials or information, and you
also agree that zacknetwork.net is free to use any ideas, concepts,
know-how or techniques that you send us for any purpose.
zacknetwork.net makes no
representations whatsoever about any other web site which you may access
through this one. When you access a non-zacknetwork.net web site, please
understand that it is independent from zacknetwork.net, and that
zacknetwork.net has no control over the content on that web site. In
addition, a link to a non-zacknetwork.net web site does not mean that
zacknetwork.net endorse or warrants in any way whatsoever or accepts any
responsibility for the content, or the use, of such web site. It is up to
you to take precautions to ensure that whatever you select for your use is
free of such items as viruses, worms, trojan horses and other items of a
destructive nature. By using a hyperlink on the zacknetwork.net web site
you agree to accept full responsibility for use of the hyperlink.
LIMITATION OF LIABILITY
Under no circumstances
whatsoever shall zacknetwork.net be liable for any loss of data, lost
profits or any damages including, without limitation, any indirect,
special, incidental, consequential or other damages that result from the
use of, or inability to use, the materials in this site, even if
zacknetwork.net or a zacknetwork.net authorized representative has been
advised of the possibility of such damages. Applicable law may not allow
the limitation or exclusion of liability or incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
Notwithstanding the foregoing, in no event shall zacknetwork.net's total
liability to you for all damages, losses, and causes of action (whether in
contract, tort (including, but not limited to, negligence) or otherwise)
exceed the amount paid by you, if any, for accessing this site or any of
its products or services. By using this site you agree to hold
zacknetwork.net harmless in all capacities to the fullest extent allowable
by law.
CONTENT
PROPRIETARY RIGHTS
You("User") acknowlege that
zacknetwork.net contains information, data, software, photographs, graphs,
videos, typefaces, graphics, music, sounds, and other material
(collectively "Content") that are protected by copyrights, trademarks,
trade secrets, or other proprietary rights, and that these rights are
valid and protected in all forms, media and technologies existing now or
hereinafter developed. All Content is copyrighted as a collective work
under the U.S. copyright laws, and zacknetwork.net owns a copyright in the
selection, coordination, arrangement, and enhancement of such Content.
User may not modify, remove, delete, augment, add to, publish, transmit,
participate in the transfer or sale of, create derivative works from, or
in any way exploit any of the Content, in whole or in part. If no specific
restrictions are displayed, User may make copies of select portions of the
Content, provided that the copies are made only for User's personal use
and that User maintains any notices contained in the Content, such as all
copyright notices, trademark legends, or other proprietary rights notices.
Except as provided in the preceding sentence or as permitted by the fair
use privilege under the US copyright laws (see e.g. 17 U.S.C. Section
107), User may not upload, post, reproduce, or distribute in any way
Content protected by copyright, or other proprietary right, without
obtaining permission of the owner of the copyright or other propriety
right. In addition to the foregoing, use of any software Content shall be
governed by the software license agreement accompanying such software.
THIRD
PARTY CONTENT
zacknetwork.net has no
editorial control over third party content. Any opinions, advice,
statements, services, offers, or other information that constitutes part
of content expressed or made available by third parties, including
providers, merchants, sponsors, licensers, or any other user of
zacknetwork.net, are those of the respective authors or distributors and
not of zacknetwork.net or its affiliates or any of its officers,
directors, employees, or agents. Neither zacknetwork.net nor its
affiliates, nor any of its officers, directors, employees, or agents, nor
any third party, including any provider, merchant, sponsor, licenser, or
any other user of zacknetwork.net, guarantees the accuracy, completeness,
or usefulness of any content, nor its merchantability or fitness for any
particular purpose. In many instances, the content available through
zacknetwork.net represents the opinions and judgments of the respective
provider, merchant, sponsor, licenser, or user not under contract with
zacknetwork.net.
zacknetwork.net neither
endorses nor is responsible for the accuracy or reliability of any
opinion, advice, or statement made on zacknetwork.net by anyone other than
authorized zacknetwork.net employees. Under no circumstances shall
zacknetwork.net, or its affiliates, or any of its officers, directors,
employees, or agents be liable for any loss or damage caused by a user's
reliance on information obtained through zacknetwork.net. It is the
responsibility of user to evaluate the information, opinion, advice, or
other content available through zacknetwork.net.
DISTRIBUTION OF THIRD PARTY CONTENT
Except as set forth in
CONTENT PROPRIETARY RIGHTS above, you may upload to or otherwise
distribute on zacknetwork.net only Content that is not subject to any
copyright or other proprietary rights protection (collectively, "Public
Content"), or Content in which the author has given express authorization
for distribution on the World Wide Web. Any copyrighted or other
proprietary Content distributed with the consent of a copyright owner
should contain a phrase such as "Copyright, owned by [name of owner]; used
by permission." The unauthorized submission or distribution of copyrighted
or other proprietary Content is illegal and could subject the you to
criminal prosecution as well as personal liability for damages in a civil
suit. You, not zacknetwork.net, nor its affiliates, nor any of its
officers, directors, employees, agents, Merchants, Providers, Sponsors,
Licensers, or the like, will be liable for any damage resulting from any
infringement of copyrights or proprietary rights, or from any other harm
arising from such submission. By submitting Content to any User-submit
areas, User automatically grants, or warrants that the owner of such
Content has expressly granted zacknetwork.net the royalty-free, perpetual,
irrevocable, nonexclusive right and license to use, reproduce, publish,
translate, sublicense, copy, and distribute the Content in whole or in
part worldwide and/or to incorporate it in other works in any form, media,
or technology now known or hereafter developed for the full term of any
copyright that may exist in such Content. User also permits any other User
to access, store, or reproduce the Content for that User's personal use.
Subject to this grant, the owner of Content placed on zacknetwork.net
retains any and all rights which may exist in such Content.
zacknetwork.net's RIGHTS
zacknetwork.net's rights
include but are not limited to the below paragraphs. zacknetwork.net may
elect to monitor any areas of the site or any of its services and may
disclose any content, records, or electronic communication of any kind to
satisfy any law, regulation, or government request or if such disclosure
is necessary or appropriate to operate zacknetwork.net or to protect the
rights or property of zacknetwork.net, its visitors, sponsors, providers,
licensers, or merchants.
zacknetwork.net is not
responsible in any way whatsoever for screening, policing, editing, or
monitoring such content. If notified of allegedly infringing, defamatory,
damaging, illegal, or offensive content, zacknetwork.net may investigate
the allegation and determine in its sole discretion whether to remove or
request the removal of such content from zacknetwork.net.
zacknetwork.net reserves the
right to prohibit conduct, communication, or content that it deems in its
sole discretion to be harmful to individual users, zacknetwork.net, or any
rights of zacknetwork.net or any third party, or to violate any applicable
law. Notwithstanding the foregoing, neither zacknetwork.net nor its
providers, merchants, sponsors, or licensers can ensure prompt editing or
removal of questionable content after online posting. Accordingly, neither
zacknetwork.net, nor its affiliates, nor any of its officers, directors,
employees, or agents, nor provider, merchant, sponsor, or licenser shall
assume liability for any action or inaction with respect to conduct
communication, or content on zacknetwork.net.
Limitations
-
Limitations.
The Service is subject to
the following limitations:
-
File Size.
Files larger than 2 Mb
cannot be uploaded to the zacknetwork.net servers, such files will be
deleted automatically without notice to User.
-
CPU Resources.
User
acknowledges that the Service is provided on a shared server and
agrees not to engage in any activity that could overwhelm the server
with heavy CPU usage or that requires a disproportionate amount of the
resources of the zacknetwork.net server, including without limitation,
use of highly active PHP scripts or MySQL processes.
-
Reselling.
All features
of your account are to be used by the account holder only and not
redistributed to the internet community. You may not install any
uploading scripts or file managers which store public uploaded files
on your webspace. You may not give out your FTP or account login
password to anyone who is not related to webmastering your web site,
nor may you give out your password for the purpose of public uploads
or download. You may not sub host/resell or run your own web hosting
provider on our servers, this included providing an account or website
to persons who were rejected by our account signup script or banned
from creating accounts for any reason.
-
Language.
All sites must be
written entirely in English.
User shall not include
content, or internet links to content on the Site that contain,
promote or involve any of the following:
any infringement of
copyright, trademark, patent, trade secret or other intellectual
property right;
hate propaganda;
racist,
threatening, or otherwise abusive content;
child pornography;
the promotion or
incitement of, or instruction for, the commission of illegal
activities;
mail fraud, multi-level
marketing (pyramid) schemes or any other fraudulent activities;
content promoted
through the sending of unsolicited e-mail (also known as spamming);
sending of unsolicited
e-mail (spam) from the zacknetwork.net server, or any other server
that refers to content on the zacknetwork.net server, or sending
such e-mail with a zacknetwork.net ’ hosted Web site listed as the
contact address;
warez, cracks, hacks,
spam software & their associated utilities;
information or other
material that contains a virus, corrupted data or any other harmful
or damaging component;
any use of space that
does not allow, or interferes with, the display of advertising;
any files
protected with "camouflage", "banana" or any other deceptive method
to hide the true content of the file, or to hide a file inside
another file;
any links from other
providers’ web pages to user’s Site that do not first link to an
html page on zacknetwork.net .
In addition
to the above, User shall
not upload onto their zacknetwork web space any of the following:
-
audio or video
files of any type this includes but is not limited to .wma .wmv
.wav .mp3 .avi .mpg .asf .mov (however flash and midi files are
allowed);
- spanned
archives such as such as .z01 .rar .ace;
any binary files
that are not linked to an html page on the Site;
sites which
contain only (or mostly) downloadable files;
download sites
of any kind, including but not limited to, shareware, freeware,
trialware, demos, warez, appz, gamez, iso, cracks;
Idem.
User agrees that
zacknetwork.net is not responsible for content on pages hosted on
member sites and acknowledges that zacknetwork.net does not endorse or
verify any such material.
Idem.
User agrees to
assume full responsibility for all files associated with the Site and
acknowledges that User may be held legally for the contents of the
Site.
Idem.
Accounts, in our sole descretion, conciders to be storing only or
mostly downloadable files are not allowed and will be terminated upon
sight.
Backup and
Monitoring.
User is solely
responsible for creating backups of any files associated with the Site
and for monitoring the Site.
Notice to
Officials.
If zacknetwork.net determines
that law enforcement officials should be notified regarding
potentially illegal content on the Site, User agrees that
zacknetwork.net may provide copies of User’s web pages to the
appropriate officials without notice to user. zacknetwork.net will
cooperate with all law enforcement efforts to locate persons who have
posted content that is illegal or promotes illegal conduct.
Policies and Guidelines.
User agrees to abide by
all policies or guidelines, together with any amendments thereto, set
out, from time to time, by zacknetwork.net anywhere on the site
www.zacknetwork.net
OTHER
This agreement shall be
governed by and construed in accordance with the laws of the United States
without regard to choice of law rules. If any provision of this agreement
shall be unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from this agreement and shall not
affect the validity and enforceability of any remaining provisions. This
is the entire agreement between the parties relating to the subject matter
herein and shall not be modified except in writing, signed by both
parties.
TERMINATION OF THIS AGREEMENT
This agreement is effective
until terminated by either party.
You may terminate this
agreement at any time, by destroying all materials obtained from
zacknetwork.net, along with all related documentation and all copies and
installations.
zacknetwork.net shall have
the right to immediately terminate this Agreement with respect to any user
which zacknetwork.net, in its sole discretion, considers to be
unacceptable, or in the event of any breach by you of this Agreement.
zacknetwork.net may terminate this agreement at any time and without
notice to you. Upon termination, you must destroy all materials received
from zacknetwork.net.
In addition, by providing
material on our web site, we do not in any way promise that the materials
will remain available to you. zacknetwork.net is entitled to terminate all
or part of any of its site or services at any time, without notice to you.
ACKNOWLEDGMENT
This
Agreement represents the entire understanding between you and
zacknetwork.net regarding your relationship with zacknetwork.net and
supersedes any prior statements or representations. You signify your
assent to be bound by this agreement by using the zacknetwork.net web
site.
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