Zipit Acceptable Use Policy

Zipit has published this Acceptable Use Policy (“Policy”) in an effort to provide high quality, reliable service; protect the privacy and security of its customers, systems, and network; encourage responsible use of Zipit’s resources; and comply with applicable laws.

This Policy applies to Buyer and Buyer’s end users that utilize Products and Services offered by Zipit, hereinafter referred to as “you.” This Policy governs when and under what circumstances Zipit may suspend or terminate your use of the Services.  By using our Services, you consent to the acceptable use practices described in this Policy, as modified from time to time by Zipit.

You may use the Services only in a manner consistent with all applicable local, state and federal laws and regulations, and in accordance with their customer contract and the acceptable use practices set forth below.

Illegal Use: Zipit’s Products and Services may not be used to transmit any material that violates any applicable local, state, national, or international law, or any rules or regulations promulgated thereunder. You may not, through action or inaction, allow others to use the Products or Services in a manner that violates law or any applicable rules or regulations. Such violations may result in criminal and civil liability. Zipit may investigate incidents involving such violations and may involve and/or cooperate with law enforcement if a criminal violation is suspected.

Network Use: Zipit’s Products and Services may not be used for any activity that adversely affects the ability of other people or systems to use the Services. Such prohibited activities include, but are not limited to, the following acts and practices:

Denial of Service: Denial of Service (DoS) attacks against Zipit, another network host, or an individual user.

Intentional Interference:  Intentional interference with or disruption of other network users, network hosts, or network equipment, including, without limitation, flooding techniques, deliberate attempts to overload a system, or broadcast attacks.

Interception and Unauthorized Monitoring: Interception or unauthorized monitoring of any data or traffic on any network or system without the express authorization of Zipit.

Unauthorized access: Zipit’s Products and Services may not be used to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Zipit or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.

Collection of Personal Data: Using the Products or Services to collect, or attempt to collect, personal information about third parties (including e-mail addresses) without their knowledge or consent is prohibited.

Reselling Services: Reselling the Services without Zipit’s authorization is prohibited.

Content Harmful or Offensive to Others: Zipit’s Products and Services may not be used to transmit any material that is unlawful, libelous, defamatory, slanderous, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, and invasive of privacy or publicity rights, abusive, inflammatory, or otherwise harmful or offensive to others. Using the Products or Services to harm, or attempt to harm minors in any way is prohibited. Zipit’s Products and Services may not be used to transmit materials of a threatening nature, including death threats or threats of physical harm. Material that threatens or encourages destruction of property is expressly prohibited.

Unsolicited Commercial Messages/ Unsolicited Bulk Messages: Using the Products to transmit any unsolicited commercial message or unsolicited bulk messages is prohibited. Activities that have the effect of facilitating unsolicited commercial messages or unsolicited bulk messages are prohibited. As used in this paragraph, an “unsolicited commercial message” means any electronic mail or text message that promotes a commercial product or service and is sent without the express prior authorization of the recipient. Messages that have the primary purpose of facilitating, completing, confirming, providing, or requesting information about a commercial transaction that the recipient previously agreed to enter into with the sender is not an “unsolicited commercial message.”

Deceptive Content: Zipit’s Products and Services may not be used to transmit deceptive or misleading content, such as letters relating to pyramid schemes, or communications offering or disseminating fraudulent goods, services, schemes, or promotion.

Copyright, Trademark, and Patent Infringement: Using the Products and Services to transmit any material that is protected by copyright, trademark, patent, trade secret, or other intellectual property rights of any third party, unless the sender has received all necessary consents to do the same, is prohibited.

Deceptive and Misleading Usernames/Headers: Adding, removing, or modifying identifying header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited.

Responsibility for Content: Zipit takes no responsibility and assumes no liability for any content uploaded, transmitted, or downloaded by you or any third party, or for any mistakes, defamation, slander, libel, omission, falsehoods, obscenity, pornography, or profanity you may encounter. You agree to indemnify and hold Zipit harmless from any claim, action, demand, loss, or damage (including attorneys’ fees) made or incurred by any third party arising out of or relating to your violation of this Policy.

Access to Transactional Information and Content: Zipit may access, use, and disclose transaction information about your use of our Services, and any content transmitted to or by you via the Services or through the Services, to the extent permitted by law, in order to comply with the law (e.g., if necessary to respond to civil or criminal subpoenas); to enforce or apply our customer agreements; to initiate, render, bill and collect for our Services; to protect our rights or property; or to protect users of our Services from fraudulent, abusive, or unlawful use of, or subscription to, our Services.

If Zipit discloses to you records or other information, such as historical messaging content, you agree to indemnify and hold Zipit harmless from any claim, action, demand, loss, or damage (including attorneys’ fees) made or incurred by any third party arising out of or relating to such disclosure. To the extent that you request such transactional information and content from Zipit, you warrant to Zipit that you have notified your employees or other users of the Service for whom you have subscribed that their messages may be monitored, recorded, transcribed, and disclosed without their prior knowledge or consent, and that these users understand that they will not have any legal rights or remedies against Zipit with respect to such actions taken at your request.

Enforcement: Zipit, in its sole discretion, may take any one or more of the following actions in response to violations of this Policy: issue written or verbal warnings, suspend the end user’s account, terminate the Buyer’s account, bill the Buyer for administrative costs and/or reactivation charges, block message input from a violating source or to a device, bring legal action to enjoin violations and/or to collect damages, if any, caused by violations. Indirect or attempted violations of this policy or any related policy, guideline, or agreement. Actual or attempted violations by a third party on your behalf shall be considered violations of this policy by you.

The failure of Zipit to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time. If any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.

Changes to this Policy: Zipit reserves the right to make changes to this Policy at any time if our practices change, as technology changes, or as we add new services or change existing ones. You should refer back to the online version of this Policy (located at /legal/) periodically for the latest information.