Attention all Customers
Zellius Telecommunications Inc., Acceptable Use Terms and Conditions of all Services
Why is Zellius providing this Policy to me?
Zellius goal is to provide its customers with the best practical service. In order to help accomplish this, Zellius has adopted this Acceptable Use Terms and Conditions (the Terms and Conditions). This Terms and Conditions outlines acceptable use of Zellius service (the Service). This Terms and Conditions is in addition to any restrictions contained in the Zellius Agreement any Services (the Subscriber Agreemen) . The Frequently Asked Questions (FAQs) include explanations of how Zellius implements and applies many of the provisions contained in this Terms and Conditions. All capitalized terms used in this Terms and Conditions that are not defined here have the meanings given to them in the Subscriber Agreement. Zellius reserves the right to terminate any service agreement, contract or any other at any moment. Zellius Telecommunications Inc., shall not be liable for any direct or indirect damage, lost profits, lost data or other damages arising from failure of any service delivery. Zellius Telecommunications Inc., will not take responsibility for any damage that may be suffered by Customer and / or property, or third parties.
What obligations do I have under this Terms and Conditions?
All Zellius customers and all others who use the Service (the customer, user, you, or your) must comply with this Terms and Conditions. Your failure to comply with this Terms and Conditions could result in the suspension or termination on any of your Service. If you do not agree to comply with this Terms and Conditions, you must immediately stop all use of the Service and notify Zellius so that it can close your account and support services or any other.
All Zellius Telecommunications Inc., contracts are completely confidential, the only one who can request information about any details on the contract or any others is who signed it. The auto-renewal of contracts cannot be eliminated under any circumstance.
Customer acknowledge and agree that use of the Service is subject to your own risk on any viruses, hacker attacks, spam mail, or any others, Zellius does not guarantee that the service will be uninterrupted or error-free. Zellius will not be responsible for any interruptions of any causes occasional services as well either for damages occurring on the premises, equipment and premises belonging to the customer service during use. Customer waives all rights for any damages which occur by reason of any event in the service. Customer is solely responsible for the violations and criminal offenses that may be incurred by the use of Zellius services.
In cases where Zellius offers telephone numbers without the proper subscription documentation for emergency or any other, it is considered in that case that the numbers will be for temporary use until the customer completes the subscription and contract documentation. If the customer does not complete the subscription and contract documents, the telephone numbers cannot be ported out to other providers and Zellius can terminate the service at any time without prior notice.
You agree that Zellius will not be liable or responsible for any damages arising from services, failure service delivery, for any third-party claims, damages, lost profits, any other that arise from the service, your use or another person’s use of any Zellius service, further you agree to reimburse Zellius for all costs and expenses related to the defense of any such claims, including attorney’s fees or any other professional fees. Any penalty in the contract will be billed at the time or after the notice of cancellation or any other applicable without notice. New customer who acquires any business with the Zellius service, it is their responsibility to contact Zellius to make changes in the payment method, once the client requests change of bank account or credit card the new client is fully responsive of the contract current regardless of who signed the original contract. The client in his intention to cancel services for any reason can not change his method of payment to checks or cash, payment will remain as payment method ACH or credit card that is in the contract. All cancellations billing department takes 30 days after the delivery of equipment and an explanatory letter to corresponding department. The letter and the delivery of the equipment on the cancellation are necessary at the same time to be able to begin or start the process of the services termination. The customer has to deliver by mail with tracking service to the address, 11954 Narcoosee Rd #2-285 Orlando, Florida 32827. The customer is responsible for the shipping cost. In the event that the Equipment dose not arrive or is lost the client is responsible for the total payment of the equipment, Zellius Telecommunications Inc., recommend that customer use a shipping service with tracking and insurance for the equipment. The Router have a cost of $ 299.00, each VOIP ATA have a cost $299.00, Each IP Phone have a cost of $299.00, Antenna install on roof, radio module and antenna mast have a cost of $499.00, Zellius Telecommunications Inc., will charged customer if the equipment is not deliver on time. This agreement or provision will continue to apply after the Agreement ends. When the client has a service contract signed with Zellius, if Zellius offers other services that will be used in combination of the contracted services, if the client never signed a new contract for new services, if the current services contract and any other services that is tied to signed contract, the signed contract is the one that will be used as a contract to declare any clause or any other in the current contracted services and any new services. Any new service purchased that is not in the contract is considered as a new monthly payment other than the existing payment in the contract.
What Is Considered to be Stealing Internet Service by Zellius Telecommunications Inc. ?
Stealing Internet service is a crime. Zellius Telecommunications Inc., prohibits anyone from intercepting or receiving Zellius Telecommunications Inc., internet services or any other communications unless authorized by a Zellius Telecommunications Inc.. If you are receiving Internet and not paying for it, you are most likely stealing Internet service. It is also illegal to temporarily receive Internet service for commercial purposes. Even if the owner pays for his business Internet Service, using his proprietary Router box for commercial profit or any other, provide wireless internet access key to neighbors or any other without the authorization or first consulting to Zellius Telecommunications Inc., is considered stealing.
Customer acknowledges and agrees?
All transfers of services take about 15 working days Monday to Friday and is required that the customer request with email or letter for transfer to firstname.lastname@example.org. The 15 working days count since the visit for the analysis of the installation in the new premises of the customer. We recommend that the customer submit the transfer of service in advance to avoid not have service on the new premises. Credits are not offered for service transfers or any other installation delays. In the case of a service transfer if the owner of the new facilities does not allow the installation of Zellius Telecommunications Inc., services the customer is responsible for the penalty and charge for the termination of the contract since it is not the responsibility of Zellius Telecommunications Inc., that the customer wants or have to Move to new facilities or any other reason. Service Transfer, If a customer requests a service transfer from their current service location to a different service location, they incur a non-recurring charge (“transfer charge“). If a customer cancels services, a customer’s termination charge will be applied, and the customer becomes obligated to pay all months remaining on the actual contract. Also, new terms apply to any services transferred or relocated to a new service location. For all our clients our minimum contract term is 24 months.
The availability and delivery of all services of Zellius Telecommunications Inc. , is subject to the technical possibilities and availability in the network of Zellius Telecommunications Inc. , there will be no responsibility on the part of Zellius Telecommunications Inc. , in the case of not being able to deliver the service. Customer acknowledges and agrees that the bandwidth contracted is the maximum speed at which you can access the network of Zellius Telecommunications Inc. , and the Internet, and that the speed understood as effective rate of data transfer, may vary in each case depending, among others, the degree of congestion of the destination, as well as the network’s gateway of Zellius Telecommunications Inc. , and their suppliers, means of transport provided by the various operators by the transiting the data as well as the congestion in networks. In the case that the service be used simultaneously in more than one connection point then the router of Zellius Telecommunications Inc. , contracted the speed will be shared and this could affect other related services. Customer acknowledges and agrees that the use of the service is subject to their own risk on any viruses, hackers, spam mail, etc. Zellius Telecommunications Inc. , does not warrant that the service will be uninterrupted or error-free; nor Zellius Telecommunications Inc., can guarantee the results to be obtained through this service, nor shall be liable for any retention, inaccuracy or omission of any information provided by third parties, in relation to this service, including subcontracted companies or individuals for the purpose. Zellius Telecommunications Inc. , will not be responsible for the damage and direct or indirect damages, consequential damage, loss of profits, loss of data, or any other harm resulting from the lack of provision of the service. Neither assumes no responsibility or liability for any damage that might suffer the Customer and/or their property, or third parties. The customer is responsible in its entirety to have redundancy in all services. Zellius Telecommunications Inc. , shall not be responsible for any interruption of service by any occasional causes, nor by the damage that occur in the facilities, equipment and units that belong to Zellius Telecommunications Inc., and the client during the use of the service. The client waives any right by the damages that occur by reason of any case. It is the sole responsibility of the Customer breaches or punishable acts in which may be incurred by the use of the network of Zellius Telecommunications Inc. Zellius Telecommunications Inc. , does not acquire any other type of obligation, responsibility, endorsement or warranty or customer facing or vis-a-vis third parties.
Excessive use and abuse of Bandwidth?
Zellius Telecommunications Inc., does not place a cap on a customers bandwidth use, or charge customers for the amount of bandwidth used, but reserves the right to take measures to address any customer’s excessive and abuse use of bandwidth, which can negatively impact Zellius Telecommunications Inc., services or its customers. Bandwidth usage is the amount of data sent and received through your Internet connection. Bandwidth use is considered to be excessive when it significantly exceeds the usage characteristic of a typical small business user of the Service. This will be determined by Zellius Telecommunications Inc., in its sole discretion. If the customer anticipates usage in excess of the typical small business customer, the customer should inquire about the availability of dedicated service or other service options. If a customer’s use is deemed to be excessive and abuse, Zellius Telecommunications Inc., will make every effort and review the matter. However, where Zellius Telecommunications Inc., in its sole discretion, determines that the usage potentially impacts Zellius Telecommunications Inc., ability to provide its Internet Services or that its network resources need to be protected, it reserves the right to suspend or terminate service in response to a customer’s excessive and abuse bandwidth uses, without notice to the customer. Zellius Telecommunications Inc., reserves the right to monitor bandwidth, usage, transmissions, and content in order to identify violations of this Policy, protect the network and its customers, manage the network and otherwise operate the service.
Excessive use and abuse of VOIP Services?
Zellius Telecommunications Inc., does not allow customer to access their VOIP systems through the public Internet network to the client’s premises without a secure VPN connection. Zellius Telecommunications Inc., does not open VOIP ports to any client that uses Zellius Telecommunications Inc., VOIP trunks as part of customer service. If the client for any reason a hacker or any other enters or penetrate the customer VOIP system and generates minutes on Zellius Telecommunications Inc., service trunks, the client is 100% responsible, is obliged to pay all minutes, the payment for the minutes due at the moment of the event regardless of the methodology of any security that the customer has in their facilities on premises.
How will I know when Zellius changes this Terms and Conditions?
Zellius may revise this Terms and Conditions from time to time by posting a new version on the Web site at https://www.zellius.net/terms and conditions of services.html . Zellius will only the use of posting information on the Zellius Web site. Revised versions of this Terms and Conditions are effective immediately upon posting. Accordingly, customers of Zellius Service should regularly visit the Zellius Web site and review this Terms and Conditions to ensure that their activities conform to the most recent version. You can send questions regarding this Terms and Conditions: sales@Zellius.net.
I. Prohibited Uses and Activities
What uses and activities does Zellius prohibit?
In general, the terms and conditions prohibits uses and activities involving the Service that are illegal, infringe the rights of others, or interfere with or diminish the use and enjoyment of the Service by others. For example, these prohibited uses and activities include, but are not limited to, using the Service, Customer Equipment, or the Zellius Equipment, either individually or in combination with one another, to:
Conduct and information restrictions
•Zellius will not store any sensitive information such as email accounts passwords. The customer is responsible for keeping such information in their own files.
•undertake or accomplish any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, order or regulation;
•post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be unlawful;
•upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Service or otherwise that is protected by copyright or other proprietary right, without obtaining any required permission of the owner;
•transmit unsolicited bulk or commercial messages commonly known as spam;
•send very large numbers of copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files that disrupts a server, account, blog, newsgroup, chat, or similar service;
•initiate, perpetuate, or in any way participate in any pyramid or other illegal scheme;
•participate in the collection of very large numbers of email addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including spyware) designed to facilitate this activity;
•collect responses from unsolicited bulk messages;
•falsify, alter, or remove message headers;
•falsify references to Zellius or its network, by name or other identifier, in messages;
•impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity (for example, phishing);
•violate the rules, regulations, terms of service, or policies applicable to any network, server, computer database, service, application, system, or Web site that you access or use;
•access any other person’s computer or computer system, network, software, or data without his or her knowledge and consent; breach the security of another user or system; or attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other hosts, networks, or accounts without express permission to do so;
•use or distribute tools or devices designed or used for compromising security or whose use is otherwise unauthorized, such as password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning is strictly prohibited.
•copy, distribute, or sublicense any proprietary software provided in connection with the Service by Zellius or any third party, except that you may make one copy of each software program for back-up purposes only;
•distribute programs that make unauthorized changes to software (cracks);
•use or run dedicated, stand-alone equipment or servers from the Premises (location) that provide network content or any other services to anyone outside of your Premises (location) local area network (Premises[location]) LAN), also commonly referred to as public services or servers. Examples of prohibited equipment and servers include, but are not limited to, email, Web hosting, file sharing, and proxy services and servers;
•use or run programs from the Premises (location) that provide network content or any other services to anyone outside of your Premises(location) LAN, except for personal and non-commercial residential use;
•service, alter, modify, or tamper with the Zellius Equipment or Service or permit any other person to do the same who is not authorized by Zellius;
Network and usage restrictions
•foreign connections networks is not allowed through Zellius networks, we reserve the right to access to our network.
•the use of other routers in our network is not allowed in Zellius. Customer may use their own router if it is behind of Zellius router.
•restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Service (except for tools for safety and security functions such as parental controls, for example), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to use, send, or retrieve information;
•restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any Zellius (or Zellius supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any Zellius (or Zellius supplier) facilities used to deliver the Service;
•resell the Service or otherwise make available to anyone outside the Premises the ability to use the Service (for example, through wi-fi or other methods of networking), in whole or in part, directly or indirectly. The Service is for personal and non-commercial residential use only and you agree not to use the Service for operation as an Internet service provider or for any business enterprise or purpose (whether or not for profit);
•connect the Zellius Equipment to any computer outside of your Premises (location);
•interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to crash a host; and
•accessing and using the Service with anything other than a dynamic Internet Protocol (IP) address that adheres to the dynamic host configuration protocol (DHCP). You may not configure the Service or any related equipment to access or use a static IP address or use any protocol other than DHCP unless you are subject to a Service plan that expressly permits you to do so.
II. Customer Conduct and Features of the Service
What obligations do I have under this Policy?
In addition to being responsible for your own compliance with this Terms and Conditions, you are also responsible for any use or misuse of the Service that violates this Terms and Conditions, even if it was committed by a friend, family member, or guest with access to your Service account. Therefore, you must take steps to ensure that others do not use your account to gain unauthorized access to the Service by, for example, strictly maintaining the confidentiality of your Service login and password. In all cases, you are solely responsible for the security of any device you choose to connect to the Service, including any data stored or shared on that device. Zellius recommends against enabling file or printer sharing unless you do so in strict compliance with all security recommendations and features provided by Zellius and the manufacturer of the applicable file or printer sharing devices. Any files or devices you choose to make available for shared access on a home LAN, for example, should be protected with a strong password or as otherwise appropriate. It is also your responsibility to secure the Customer Equipment and any other Premises (location) equipment or programs not provided by Zellius that connect to the Service from external threats such as viruses, spam, bot nets, and other methods of intrusion.
How does Zellius address inappropriate content and transmissions?
Zellius reserves the right to refuse to transmit or post, and to remove or block, any information or materials, in whole or in part, that it, in its sole discretion, deems to be in violation of Sections I or II of this Terms and Conditions, or otherwise harmful to Zellius’s network or customers using the Service, regardless of whether this material or its dissemination is unlawful so long as it violates this Terms and Conditions. Neither Zellius nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or postings (including, but not limited to, email, file transfer, blog, newsgroup, and instant message transmissions as well as materials available on the Personal Web Pages and Online Storage features) made on the Service. However, Zellius and its affiliates, suppliers, and agents have the right to monitor these transmissions and postings from time to time for violations of this Terms and Conditions and to disclose, block, or remove them in accordance with this Terms and Conditions, the Subscriber Agreement, and applicable law.
What requirements apply to electronic mail?
The Service may not be used to communicate or distribute email or other forms of communications in violation of Section I of this Terms and Conditions. As described below in Section III of this Terms and Conditions, Zellius uses reasonable network management tools and techniques to protect customers from receiving spam and from sending spam (often without their knowledge over an infected computer Zellius’s anti-spam approach is explained in the FAQs under the topic Zellius is not responsible for deleting or forwarding any email sent to the wrong email address by you or by someone else trying to send email to you. Zellius is also not responsible for forwarding email sent to any account that has been suspended or terminated. This email will be returned to the sender, ignored, deleted, or stored temporarily at Zellius’s sole discretion. In the event that Zellius believes in its sole discretion that any subscriber name, account name, or email address (collectively, an identifier) on the Service may be used for, or is being used for, any misleading, fraudulent, or other improper or illegal purpose, Zellius (i) reserves the right to block access to and prevent the use of any of these identifiers and (ii) may at any time require any customer to change his or her identifier. In addition, Zellius may at any time reserve any identifiers on the Service for Zellius’s own purposes. In the event that a Service account is terminated for any reason, all email associated with that account (and any secondary accounts) will be permanently deleted as well.
What requirements apply to instant, video, and audio messages?
Each user is responsible for the contents of his or her instant, video, and audio messages and the consequences of any of these messages. Zellius assumes no responsibility for the timeliness, miss-delivery, deletion, or failure to store these messages. In the event that a Service account is terminated for any reason, all instant, video, and audio messages associated with that account (and any secondary accounts) will be permanently deleted as well.
What requirements apply to personal web pages and file storage?
As part of the Service, Zellius provides access to personal Web pages and storage space through the Personal Web Pages and Online Storage features (collectively, the Personal Web Features). You are solely responsible for any information that you or others publish or store on the Personal Web Features. You are also responsible for ensuring that all content made available through the Personal Web Features is appropriate for those who may have access to it. For example, you must take appropriate precautions to prevent minors from receiving or accessing inappropriate content. Zellius reserves the right to remove, block, or refuse to post or store any information or materials, in whole or in part, that it, in its sole discretion, deems to be in violation of Section I of this Terms and Conditions. For purposes of this Terms and Conditions, material refers to all forms of communications including text, graphics (including photographs, illustrations, images, drawings, logos), executable programs and scripts, video recordings, and audio recordings. Zellius may remove or block content contained on your Personal Web Features and terminate your Personal Web Features and/or your use of the Service if we determine that you have violated the terms of this Terms and Conditions.
III. Network Management and Limitations on Data Consumption
Why does Zellius manage its network?
Zellius manages its network with one goal: to deliver the best possible broadband Internet experience to all of its customers. High-speed bandwidth and network resources are not unlimited. Managing the network is essential as Zellius works to promote the use and enjoyment of the Internet by all of its customers. The company uses reasonable network management practices that are consistent with industry standards. Zellius tries to use tools and technologies that are minimally intrusive. Of course, the company’s network management practices will change and evolve along with the uses of the Internet and the challenges and threats on the Internet. The need to engage in network management is not limited to Zellius. In fact, all large Internet service providers manage their networks. Many of them use the same or similar tools that Zellius does. If the company didn’t manage its network, its customers would be subject to the negative effects of spam, viruses, security attacks, network congestion, and other risks and degradations of service. By engaging in responsible network management including enforcement of this Terms and Conditions, Zellius strives to deliver the best broadband Internet experience to all of its customers.
How does Zellius manage its network?
Zellius uses various tools and techniques to manage its network, deliver the Service, and ensure compliance with this Terms and Conditions and the Subscriber Agreement. These tools and techniques are dynamic, like the network and its usage, and can and do change frequently. For example, these network management activities may include (i) identifying spam and preventing its delivery to customer email accounts, (ii) detecting malicious Internet traffic and preventing the distribution of viruses or other harmful code or content, (iii) temporarily lowering the priority of traffic for users who are the top contributors to current network congestion, and (iv) using other tools and techniques that Zellius may be required to implement in order to meet its goal of delivering the best possible broadband Internet experience to all of its customers.
Are there restrictions on data consumption that apply to the Service?
The Service contracted business accounts for commercial use only upon normal usage practices. Therefore, Zellius reserves the right to suspend or terminate Service accounts where data consumption is not characteristic of a typical user of the Service as determined by the company in its sole discretion. You must also ensure that your use of the Service does not restrict, inhibit, interfere with, or degrade any other person’s use of the Service, nor represent (as determined by Zellius in its sole discretion) an overly large burden on the network. In addition, you must ensure that your use of the Service does not limit or interfere with Zellius’s ability to deliver the Service or any part of its network. If you use the Service in violation of the restrictions referenced above, that is a violation of this Terms and Conditions. In these cases, Zellius may, in its sole discretion, suspend or terminate your Service account or request that you subscribe to a version of the Service (such as a commercial dedicated grade Internet service, if appropriate) if you wish to continue to use the Service at higher data consumption levels. Zellius may also provide versions of the Service with different speed and data consumption limitations, among other characteristics, subject to applicable Service plans. Zellius’s determination of the data consumption for Service accounts is final.
IV. Violation of this Acceptable Use Policy
What happens if you violate this Terms and Conditions?
Zellius reserves the right immediately to suspend or terminate any Service account and terminate the Subscriber Agreement if you violate the terms of this Terms and Conditions or the Subscriber Agreement.
How does Zellius enforce this Terms and Conditions?
Zellius does not routinely monitor the activity of Service accounts for violations of this Terms and Conditions, except for determining aggregate data consumption in connection with the data consumption provisions of this Terms and Conditions. However, in the company’s efforts to promote good citizenship within the Internet community, it will respond appropriately if it becomes aware of inappropriate use of the Service. Zellius has no obligation to monitor the Service and/or the network. However, Zellius and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content in order to, among other things, operate the Service; identify violations of this Terms and Conditions; and/or protect the network, the Service and Zellius users.
Zellius prefers to inform customers of inappropriate activities and give them a reasonable period of time in which to take corrective action. Zellius also prefers to have customers directly resolve any disputes or disagreements they may have with others, whether customers or not, without Zellius intervention. However, if the Service is used in a way that Zellius or its suppliers, in their sole discretion, believe violates this Terms and Conditions, Zellius or its suppliers may take any responsive actions they deem appropriate under the circumstances with or without notice. These actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Service (including but not limited to newsgroups). Neither Zellius nor its affiliates, suppliers, or agents will have any liability for any of these responsive actions. These actions are not Zellius’s exclusive remedies and Zellius may take any other legal or technical actions it deems appropriate with or without notice.
Zellius reserves the right to investigate suspected violations of this Terms and Conditions, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on Zellius’s servers and network. During an investigation, Zellius may suspend the account or accounts involved and/or remove or block material that potentially violates this Terms and Conditions. You expressly authorize and consent to Zellius and its suppliers cooperating with (i) law enforcement authorities in the investigation of suspected legal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this Terms and Conditions. Upon termination of your Service account, Zellius is authorized to delete any files, programs, data, email and other messages associated with your account (and any secondary accounts).
The failure of Zellius or its suppliers to enforce this Terms and Conditions, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this Terms and Conditions 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. You agree to indemnify, defend and hold harmless Zellius and its affiliates, suppliers, and agents against all claims and expenses (including reasonable attorney fees) resulting from any violation of this Terms and Conditions. Your indemnification will survive any termination of the Subscriber Agreement.
V. Copyright and Digital Millennium Copyright Act Requirements
What is Zellius’s DMCA Terms and Conditions?
Zellius is committed to complying with U.S. copyright and related laws, and requires all customers and users of the Service to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Service (or any part of the Service) in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is Zellius’s Terms and Conditions in accordance with the DMCA and other applicable laws to reserve the right to terminate the Service provided to any customer or user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who Zellius, in its sole discretion, believes is infringing these rights. Zellius may terminate the Service at any time with or without notice for any affected customer or user.
How do copyright owners report alleged infringements to Zellius?
Copyright owners may report alleged infringements of their works that are stored on the Service or the Personal Web Features by sending Zellius’s authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA. Upon Zellius’s receipt of a satisfactory notice of claimed infringement for these works, Zellius will respond expeditiously to either directly or indirectly (i) remove the allegedly infringing work(s) stored on the Service or the Personal Web Features or (ii) disable access to the work(s). Zellius will also notify the affected customer or user of the Service of the removal or disabling of access to the work(s).
Copyright owners may send Zellius a notification of claimed infringement to report alleged infringements of their works to:
Zellius Communications Inc.
La Electronica Bldg. Suite 219-B San Juan P.R. 00927
Copyright owners may use their own notification of claimed infringement form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to Zellius, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.
What can customers do if they receive a notification of alleged infringement?
If you receive a notification of alleged infringement as described above, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a counter notification to Zellius. Upon Zellius’s receipt of a counter notification that satisfies the requirements of DMCA, Zellius will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA’s procedures with respect to a received counter notification. In all events, you expressly agree that Zellius will not be a party to any disputes or lawsuits regarding alleged copyright infringement.
If a notification of claimed infringement has been filed against you, you can file a counter notification with Zellius’s designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.
Revised and effective: January 1, 2009