Terms of Service

Introduction

This document sets forth the principles, guidelines and requirements of the Terms of Service of zemte.com ("zemte"), governing the use by the user ("user") of zemte.com's services and products. These Terms of Service have been created to promote the integrity, security, reliability and privacy of zemte.com facilities, network, and user data contained within. Zemte's shall be the sole and final arbiter as the interpretation of the following. By utilizing the zemte's services and products, the user agrees to be bound by the terms herein outlined.

Compliance with the Law

User shall not post, transmit, re-transmit or store material on or through any of the services which, in the sole judgment of Zemte
(i) is in violation of any local, state, federal or any-Country law or regulation,
(ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity
(iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by User. User agrees to indemnify and hold harmless Zemte from any claims resulting from the use of the services which damages User or any other party. User shall be responsible for determining what laws or regulations are applicable to its use of zemte's service.

Prohibited Uses of Services and Products

• Pornography and pornographic related merchandising are prohibited, this includes sites that include links to pornographic content elsewhere.
• Unacceptable content or links include pirated software, "hacker" programs, anonymous/public proxies, proxy services, archives of "Warez Sites", game rooms or MUDs, IRC Bots, IRC, Egg Drop programs, any kind of illegal software or shareware. In addition, sites offering online gambling, casino functionality, sportsbook betting (including offshore), and internet lotteries are prohibited.
• Violations of the rights of any Person protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations, including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by User.
• Actions that restrict or inhibit any Person, whether a customer of Zemte or otherwise, in its use or enjoyment of any of the Zemte's Services or Products.
• Introduction of malicious programs into the Zemte's network or server (e.g., viruses and worms).
• Effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which User is not an intended recipient or logging into a server or account that User is not expressly authorized to access.
• Executing any form of network monitoring which will intercept data not intended for the User's server.
• Circumventing user authentication or security of any host, network or account.
• Interfering with or denying service to any user other than User's host (for example, denial of service attack).
• Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable, a user's terminal session, via any means, locally or via the Internet.
• Any attempt to circumvent or alter monitoring, bandwidth tracking or utilization reporting, or other actions which have the effect of complicating the normal operational procedures, including but not limited to altering, removing or in any way modifying or tampering log files.
• Any action which Zemte determines, in its own judgment, will reflect poorly on the Zemte or negatively impact its operations.
• Any action which the Company deems to be an unacceptable use of resources, business practice or otherwise unacceptable to Zemte.
• Furnishing false or incorrect data on the order form, contract or online application, including fraudulent use of credit card numbers.
• Sending unsolicited commercial email messages (UCE), including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material, who were not previous customers of User or with whom User does not have an existing business relationship ("email spam").
• Posting advertisements on IRC, ICQ, or any other public chat system containing an email address hosted Zemte, a domain hosted by Zemte, an IP address belonging to Zemte;
• Zemte will be the sole arbiter as to what constitutes a violation of these provisions.
• Harassment, whether through language, frequency or size of messages.
• Unauthorized use, or forging, of mail header information.
• Solicitations of mail for any other E-mail address other than that of the poster's account or service with the intent to harass or to collect replies.
• Creating or forwarding "chain letters" or other "pyramid schemes" of any type.

Term of Agreement

• Zemte promotes a mutually-professional relationship with its User. Abusive, threatening, obscene or otherwise harassing communications with zemte, via telephone, email, online chat or other means will result in immediate account termination not withstanding any other terms of this agreement. Violation of this or any section of this Agreement will result in refund ineligibility.
• User agrees to indemnify and hold zemte harmless from any lawsuit, claim, charge, or expense, including reasonable attorney fees and costs of defense, for any matter arising from or relating to zemte's Website provided hereunder.
• Nothing contained herein shall be deemed to create a relationship between zemte and User in the nature of a partnership, joint venture, editor, publisher or otherwise. Both parties acknowledge and agree that zemte has no interaction with the data or substance of User server, except as necessary to maintain the server.
• User to take all steps reasonable, necessary, and prudent to protect User's login ID and password.
• User agrees not to attempt to undermine or cause harm to any server, software, system or customer of zemte.
• User agrees to maintain User's computing equipment responsibly, including running virus software.
• Uploading a virus to a zemte's server will result in account termination, service charges and/or prosecution.
• User acknowledges that zemte cannot provide technical support for any software and/or script that the User installs.
• User acknowledge and agree that zemte will not be liable for any temporary delay, outages or interruptions of the services. Further, zemte shall not be liable for any delay or failure to perform its obligations under this agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure).
• User hereby acknowledge and agree that zemte reserves the right to temporarily suspend services for the purposes of maintaining, repairing, or upgrading its systems and network. Zemte will use best efforts to notify you of pending maintenance however at no time is under any obligation to inform you of such maintenance.
• User use of zemte's servers and services is at your sole risk. Zemte is not responsible for files and/or data residing on the server. User agree to take full responsibility for files and data transferred to/from and maintained on your server and agree that it is User responsibility to take backups of data residing on your server.
• Any attempt to undermine or cause harm to the zemte server or another customer's presence is strictly prohibited. Any violation of the above Terms of Service will result in grounds for account termination, with no refunds given; zemte reserves the right to remove any account without prior notice. Violation of these Terms of Service may result in legal action, service charges or a combination thereof.
• User acknowledges that by reason of their relationship, both the User and the zemte may have access to certain products, information and materials relating to the other party's business, which may include business plans, customers, software technology, and marketing plans that are confidential and of substantial value to either party, respectively, and which value would be impaired if such information were disclosed to third parties. Consequently, both the Zemte and the User agree that it will not use in any way for its own account or for the account of any third party, nor disclose to any third part, any such information revealed to it by either party, as the case may be.
• User and the zemte further agrees that each will take every appropriate precaution to protect the confidentiality of such information. In the vent of termination of this agreement, there shall be no use or disclosure by either party of any such confidential information in its possession, and all confidential documents shall be returned to the rightful owner, or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, either party shall be entitled to injunctive relief, which relief will not be contested by the User or Zemte.
• Zemte reserves the right to refuse or cancel service in its sole discretion with no refunds.
• If any of these Terms of Service are failed to be followed it will result in grounds for immediate account deactivation.
• Zemte reserves the right to revise or change these Terms of Service at any time.

Disclaimer

USE OF THE ZEMTE'S SERVICES AND PRODUCTS IS AT CUSTOMER'S SOLE RISK. NEITHER ZEMTE NOR ITS EMPLOYEES, AND THIRD PARTY PROVIDERS, MAKE ANY WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT SERVICES AND PRODUCTS WILL NOT BE INTERRUPTED OR BE ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MIGHT BE OBTAINED FROM THE USE OF SERVICES AND PRODUCTS OR AS TO THE ACCURACY, OR RELIABILITY OF ANY INFORMATION SERVICE OR MERCHANDISE CONTAINED OR PROVIDED THROUGH THE SERVICE, UNLESS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT. THIS INCLUDES LOSS OF DATA, WHETHER RESULTING FROM DELAYS, ON DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY THE COMPANY AND ITS EMPLOYEES OR OTHER CAUSES.

THE SOLE CUMULATIVE LIABILITY OF ZEMTE FOR ALL CLAIMS MADE BY THE CUSTOMER, OR ANY OTHER PARTY, REGARDLESS OF FORM, INCLUDING ANY CAUSE OF ACTION BASED ON CONTRACT, TORT OR STRICT LIABILITY, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL FEES AND CHARGES PAID TO THE COMPANY BY THE CUSTOMER.