TERMS OF SERVICE

Last Updated: February 2, 2008

Zoidial Incorporated reserves the right to update or amend these Terms of Service at any time.

Zoidial Incorporated reserves the right to follow up suspicious use by any means necessary. checking logs, home directories, history files, and anything else deemed appropriate at the time can and will be done to insure the integrity and security of the Zoidial Incorporated network.

Sharing of ones account with others is strictly prohibited unless prior approval from Zoidial Incorporated is granted.

Multiple logins from different IP's and other strange activities will get flagged automatically and your account may be locked. If you plan on using many IP's and be logged in a lot, please email support (at) zoidial.com first.

Any activity that results in a DoS (Denial Of Service) attack may result in any one or all of the following:

• Suspension of the account in question

• Termination of the account in question, without refund

• Rate-limiting of the IP that is bound to the DoS attack

• Rate-limiting of the computer that is used in conjunction with the attack, be it a colocated or dedicated server

• Banning the IP address in question for a period of up to a month if severe attacks do not end

Zoidial Incorporated is not responsible for loss of any kind to dedicated servers, colocated machines, webhosting accounts or shell accounts. This includes but is not limited to perceived, potential or real monetary loss, potential customer loss, or any sort of loss of data. In short -- BACK UP YOUR DATA. You are responsible for your own data! Zoidial Incorporated keeps backups of data on all servers, however Zoidial Incorporated cannot guarantee that the data will be up to date or current in any way, and/or that it will be a full or comprehensive backup. Zoidial Incorporated is not responsible for your data, your hardware, or anything else that you are hosting on the network either virtually or physically. Please take proper care and backup data.

Services that use up excessive traffic may be terminated at no warning. This includes various mp3 servers (shoutcast, for example) as well as other streaming audio/video services. If you are purchasing a service that includes such a service in it, and you stay within a reasonable bandwidth, you will not be affected. This goes mainly for shell accounts, and webhosting accounts that do not purchase much bandwidth.

You are not to run any IRC or other background processes on a Zoidial Incorporated web server. The Shell services are made just for that purpose, please look into purchasing a separate account. If any background processes are found on the webserver, they will be removed, and your account may be suspended.

Each Zoidial Incorporated customer is responsible for the activities of its customer base/representatives or end-users and, by accepting service from Zoidial Incorporated, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of a Zoidial Incorporated customer will be forwarded to the Zoidial Incorporated customer in question. Zoidial Incorporated is not responsible for any illegal activity coming from a dedicated or colocated server on the Zoidial Incorporated network, and will forward any complaints to the specified owner of the server if there are any.

Support for All Zoidial Incorporated services is via email only. The email contacts can be found on the 'contact information' on the Zoidial Incorporated site.

Zoidial Incorporated reserves the right to charge any user for excessive bandwidth utilization due to either knowing over-usage, or a DoS attack. Bandwidth during a DoS attack is charged double the normal price, and may incur extra fees up to $50 an hour for every DoS that is worked on that is against either your shell IP or your dedicated server/colocation.

Bandwidth utilization is charged on a per Gigabyte scale, (as noted on the servers page) current charge is $3 per Gigabyte of transfer. If you do not prepay for bandwidth at the beginning of the month and do go over your quota, this is the price you will pay for over-quota bandwidth used.

There is a $100 charge-back fee. If your credit card gets charged back to Zoidial Incorporated, you are obligated to pay this fee. If you are an existing customer or there are extenuating circumstances, this fee may be waived at the sole discretion of Zoidial Incorporated.

If violations of the Zoidial Incorporated Acceptable Use Policy occur, Zoidial Incorporated reserves the right to terminate services with or take action to stop the offending customer from violating Zoidial Incorporated's AUP as Zoidial Incorporated deems appropriate, without notice. Termination of an account due to breach of TOS is nonrefundable.

IRCd UNIX SHELL ACCOUNT ADDON-TOS

1. All the other terms of Service apply to unix IRCd/shell account holders.

2. You cannot run encrypted bots on any Zoidial Incorporated servers. Exceptions apply ONLY if valid reasons for the bot are explained before the bot is run on the machine.

3. DoS attacks against your IP address resulting in down time of the network will result in removal of your account and/or suspension of the IP address you use. Be mindful of how you represent yourself on IRC, if you cause a DoS attack against the Zoidial Incorporated network, you are responsible for it.

4. G-lines / K-lines / Etc. caused by your account will end up with possible termination of account.

5. You cannot have any sorts of DoS (Denial of Service) or hacking tools of any kind in your possession or stored on a Zoidial Incorporated servers. There is no excuse - 'security tools' that can also be used as a hacking/cracking tool also apply. You cannot have any sorts of IP or port scanners, and cannot run excessive ping sessions on any Zoidial Incorporated machine. If you are found to have any tools or are running anything that is suspicious, your account may be suspended/terminated at the admin's discretion. If you have a valid question about security or need to test something, please contact support (at) zoidial.com

6. All terminations of an account due to a breach of the Terms of Service are 100% non-refundable.

COLOCATION ADDON-TOS

1. All the other Terms of Service as well as the shell-account addon terms of service apply to Colocated Server account holders.

2. You are solely responsible for your machine, Zoidial Incorporated will not be held responsible for any attacks originating from your machine, and will also not be held responsible for any loss of data, theft, down time, crashes, acts of god and anything that could be thought of as a loss.

3. Colocated Server customers are responsible for their own setup and configuration of their machine, any help by Zoidial Incorporated admins may incur additional fees. Any help by Zoidial Incorporated admins without prior agreement that the services are fee-based will not be charged - this is a service to the customer and will not be used to pile on hidden charges.

4. Colocation setup fees are non-refundable. Colocation recurring fees for rack space are also not refundable, although in some cases Zoidial Incorporated will try to be flexible - please make sure to email support early if you feel there may be a problem.

5. Denial of service (Dos / DDOS) attacks that happen against your server may cause the null routing of one or more IP addresses of the server in question. These will be active for 24 hours or more depending on the severity. If Denial of service activity is excessive (at the discretion of Zoidial Incorporated), your account may be suspended or terminated. Please make sure that your IRC activities online do not spawn DoS attacks, and monitor your users. This is solely the customers responsibility.

6. Colocated Server support is through email only. Contact and support email may be found on the contact links on the Zoidial Incorporated website.

7. All terminations of an account due to a breach of the Terms of Service are 100% non-refundable.