We try to make our services and policies clear on our site. However, we must outline the following explanations and guidelines that are in place to protect all parties involved.

Terms of Service

ENZU, through itself and/or any of its affiliates, agrees to provide Customer the services ("Service" or "Service(s)") in accordance with this Agreement. "Service Order" shall collectively refer to any service order(s), authorization form(s) or order form(s) that describes and sets forth the pricing for the Service(s) purchased by Customer. The parties acknowledge that ENZU's obligation to provide the Service(s) is subject to its having obtained all of the requisite licenses and consents related thereto.

1. Services.

ENZU, through itself and/or any of its affiliates, agrees to provide Customer the services ("Service" or "Service(s)") in accordance with this Agreement. "Service Order" shall collectively refer to any service order(s), authorization form(s) or order form(s) that describes and sets forth the pricing for the Service(s) purchased by Customer. The parties acknowledge that ENZU's obligation to provide the Service(s) is subject to its having obtained all of the requisite licenses and consents related thereto.

2. Term.

The term of the Agreement shall commence on the Effective Service Date and shall continue thereafter until the expiration of the last expiring Service term, unless earlier terminated in accordance with this Agreement ("Agreement Term"). The term for each Service is set forth in the applicable Service Addendum or Service Order. ENZU reserves the right to change its rates during any renewal term by notifying Customer at least sixty (60) days in advance of the effective date of such rate change. Service shall automatically renew for successive periods equal to its Service Initial Term unless terminated by either party at least thirty (30) days prior to the then-current date for termination.

3. Billing; Payment.

Billing for each Service shall commence on the Effective Service Date. Customer will be invoiced monthly for all amounts due and owing to ENZU. All payments are due within the terms specified on the Order Form without set-off or demand. All invoices shall be deemed final and binding unless Customer notifies ENZU in writing of any alleged discrepancies no later than thirty (30) days from the date of such invoice(s). All payments required by this Agreement are exclusive of any national, state, municipal, or other governmental excise, sales, value-added and occupational taxes and other fees and levies, all of which Customer shall be responsible for and will pay in full, other than taxes based on ENZU net income. Customer will be deemed to be in default hereunder if payment is not received within the terms specified on the Order Form and, in addition to its other remedies, ENZU may charge Customer interest equal to 1 1/2% per month on any amount past due. In addition to all other remedies available to Enzu, Enzu reserves the unconditional right and authority to immediately terminate any and all services provided to Customer if Customer fails to pay in full any invoice by the end of the services current billing cycle. Customer hereby authorizes Enzu to immediately terminate any and all services and irrevocably waives, releases, and discharges Enzu from any and all damages related to, in connection with, or arising from the termination of any services as a result of Customer's failure to pay any invoice in full by the end of the services current billing cycle. In the event ENZU is unable to deliver the Service(s) due to any reason, issue or delay caused either directly or indirectly by the Customer or its agents, such Service(s) shall be deemed delivered and ENZU shall commence billing when ENZU is ready to deliver such Service(s).

ENZU reserves the right to charge a convenience fee for payments made outside of the customer portal. Payments made outside of the portal will be subject to a 5% fee.

4. Cancellation; Refunds.

Cancellations must be submitted in the client portal via the request cancellation link. All cancellations must be completed (30) Days prior to service renewal date. Requests for refunds are governed by our Money back Guarantee which is 7 days or 25 GB of bandwidth usage (whichever comes first) for all Virtual, Cloud, Smart and Dedicated Servers. Custom Orders and setup fees are not eligible for refund. Refunds are limited to one (1) service per customer account. Customers are defined by company, email or billing identifier.

5. Money Back Guarantee; Refunds

Requests for refunds are governed by our Money back Guarantee which is 7 days or 25 GB of bandwidth usage (whichever comes first) for all Virtual, Cloud, Smart and Dedicated Servers. Custom Orders and setup fees are not eligible for refund. Refunds are limited to one (1) service per customer account. Customers are defined by company, email or billing identifier.

6. Payment Disputes.

Client agrees that invoices must be disputed before the invoice due date. Invoices not paid on their respective due dates may result in service suspension or service termination of service. As a result, Enzu, Inc is not liable for any service interruption that occurs as a result of any invoice disputed on or after the invoice due date. In the event that an invoice dispute is initated before an invoice due date and the dispute is still not resolved by the invoice due date, the remaining undisputed items on the invoice should still be paid on or before the invoice due date.

Client agrees that disputing a payment made to Enzu, Inc by means of initiating a credit card chargeback, PayPal reversal, reversal request through Google Checkout, or using any other third party resource to reverse a payment will result in full and immediate account termination.

7. Compliance with Laws and Acceptable Use.

  • A. ENZU'S network and Service(s) may only be used in accordance with the Agreement. Customer and its customers and end-users will comply at all times with all applicable laws and regulations, ENZU'S operating procedures, and ENZU'S Acceptable Use Policy located on its website at http://www.enzu.com/tos-aup.php ("AUP"). ENZU reserves the right to monitor Customer's activity for internal network utilization and reliability purposes. ENZU'S utilization and reliability monitoring does not include examination of Customer data unless (i) such examination is deemed necessary to troubleshoot a Customer issue, and the Customer consents to such examination; or (ii) such examination is pursuant to any judicial order, search warrant, or statutory requirement, in which event ENZU shall provide notice thereof to Customer, to the extent that the judicial order, search warrant, or statutory requirement permits said notice. Any monitoring by ENZU is subject to the confidentiality provision set forth in this Agreement. Customer acknowledges that ENZU exercises no control whatsoever over the content (any and all content of Customer or Customer's end users and/or customers, including but not limited to data, text, multimedia images (e.g. graphics, audio and video files), software, applications, or other materials, or any content shared or processed on equipment under the control of ENZU on behalf of Customer (collectively "Content")), and that it is the sole responsibility of Customer to ensure that the information and Content it and its end-users and/or customers transmit, receive, or use complies with the AUP and all applicable laws and regulations. (iii) The Customer agrees that it shall erase, destroy, and render unreadable all data according to the standards enumerated in D.O.D. 5015.2 prior to ceasing service with Enzu. Upon request Customer agrees to certify in writing that these actions have been complete within 30 days of the termination of this Agreement or within 7 days of the request of an agent of Enzu, whichever shall come first.
  • B. Customer shall not use the Service(s) in a fraudulent manner or in a manner that violates the AUP or any applicable law or regulation, or otherwise exposes ENZU to legal liability, whether this use is by Customer or any other entity or person using the Service(s) and whether or not this use is authorized or consented to by Customer (each such circumstance, "Service Misuse"). This includes, but is not limited to, material in violation of a copyright, material legally judged to be threatening or obscene, material protected by trade secret or material that is otherwise deemed to be proprietary or judged by ENZU to be inappropriate or improper, such as unsolicited commercial e-mail messages.
  • C. ENZU may suspend or block access to a Service or all Services (each such circumstance, a "Service Suspension") without notice for any of the following reasons: (a) to comply with any law, regulation, court order, or other governmental request or order requiring immediate action; (b) to prevent interference with, damage to, or degradation of ENZU'S network; (c) to eliminate a hazardous condition; or (d) Service Misuse. Customer shall not be relieved of its payment obligations hereunder during any period of Service Suspension.
  • D. Notwithstanding Section 4(C) above, ENZU reserves the right to immediately terminate the Services or Agreement in the event that ENZU becomes aware that Customer, or other persons making use of Customer's Services are in breach of this Section.

8. DISCLAIMERS OF WARRANTY.

  • A. THE SERVICE(S) ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND ENZU MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND CONCERNING THE SERVICE(S), SOFTWARE OR EQUIPMENT OR ANY RESULTS TO BE ACHIEVED THROUGH USE OF THE SERVICE(S), SOFTWARE OR EQUIPMENT. ENZU DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTIBILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ALL IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. USE OF ANY INFORMATION OBTAINED THROUGH THE USE OF ENZU'S NETWORK IS AT CUSTOMER'S OWN RISK. ENZU SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY OR QUALITY OF INFORMATION OBTAINED THROUGH ITS SERVICE(S).
  • B. CUSTOMER'S SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF ANY SERVICE OUTAGE, INTERRUPTION OR DEFICIENCY OF SERVICE(S) OR FAILURE BY ENZU TO MEET THE TERMS OF AN APPLICABLE SLA, SHALL BE THE REMEDIES PROVIDED IN THE SLA; PROVIDED THAT ANY REMEDIES OR CREDITS CONTAINED IN THE SLA ARE NOT AVAILABLE FOR OUTAGES, INTERRUPTIONS OR DEFICIENCIES OCCURRING DURING ANY PERIOD IN WHICH CUSTOMER'S ACCOUNT HAS A PAST DUE BALANCE OR THE CUSTOMER IS OTHERWISE IN BREACH OF THE AGREEMENT. ENZU, ITS SERVICE PROVIDERS AND SUPPLIERS DISCLAIM ANY AND ALL OTHER LIABILITIES OR REMEDIES FOR SUCH OUTAGES, INTERRUPTIONS OR DEFICIENCIES OF SERVICE.
  • C. ENZU DOES NOT AND CANNOT CONTROL THE PERFORMANCE OF ANY DATA, PRODUCTS, OR SERVICE(S) CONTROLLED BY THIRD PARTIES. AT TIMES ACTION OR INACTION BY THIRD PARTIES CAN IMPAIR OR DISRUPT ENZU'S SERVICE(S). ENZU MAKES NO REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL WARRANTIES REGARDING THE DATA, PRODUCTS, OR SERVICE(S) CONTROLLED BY ANY THIRD PARTY, INCLUDING THE PROVIDERS OF TELECOMMUNICATIONS OR NETWORK PRODUCTS OR SERVICES. SUCH DATA, PRODUCTS, AND SERVICES ARE NOT PROMISED TO BE FREE OF ERROR OR INTERRUPTION, AND ENZU, ITS SERVICE PROVIDERS AND SUPPLIERS EXPRESSLY DISCLAIMS ALL LIABILITIES ARISING FROM ANY SUCH ERROR, INTERRUPTION, OR OTHER FAILURE. CUSTOMER ACKNOWLEDGES THAT AN INTERRUPTION IN SERVICE(S) DUE TO CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF ENZU, SUCH AS A FAILURE OF TELECOMMUNICATIONS OR NETWORK SYSTEMS NOT CONTROLLED BY ENZU, SHALL NOT BE CONSIDERED A SERVICE OUTAGE OR SERVICE DEFICIENCY FOR PURPOSES OF ANY REMEDY PROVIDED IN AN APPLICABLE SLA.

9. Default.

A. Termination by ENZU. ENZU may terminate this Agreement immediately upon notice upon default by Customer. Default includes (a) the failure by Customer to (i) pay any amounts when due; (ii) comply with Section 4 Compliance with Laws and Acceptable Use; or (iii) perform any material obligation under this Agreement which failure is not remedied within thirty (30) days after receipt of written notice from ENZU (unless a shorter notice period is expressly set forth in the Agreement, in which case the shorter notice period shall apply); or (b) Insolvency (as hereinafter defined). If ENZU terminates this Agreement for any of the aforementioned reasons, all of the following shall be immediately due and payable by Customer: (a) the cumulative total of the balance of all monthly charges remaining on this Agreement through the end of the applicable Service Term(s); and (b) any charges accrued but unpaid as of the effective date of termination. Customer acknowledges that the amounts payable pursuant to the preceding sentence are equitable compensation to ENZU and are intended to reasonably compensate ENZU for the losses which are occasioned by Customer's failure to honor Customer's obligations hereunder. As used herein, "Insolvency" shall refer to any one of the following events: (i) Customer files a voluntary petition in bankruptcy or an involuntary petition is filed against Customer; (ii) Customer is adjudged bankrupt; (iii) a court assumes jurisdiction of the assets of Customer under federal reorganization act; (iv) a trustee or receiver is appointed by a court for all or a substantial portion of the assets of Customer; (v) Customer becomes insolvent or suspends business; or (vi) Customer makes an assignment of its assets for the benefit of its creditors. Termination by ENZU shall not preclude ENZU from pursuing any other rights or remedies available to it, at law or in equity.

10. Maintenance.

Routine maintenance and periodic system repairs, upgrades, and reconfigurations may result in temporary impairment or interruption in Service(s). As a result, ENZU does not guarantee continuous or uninterrupted Service(s) and reserves the right from time to time to temporarily reduce or suspend Service(s) without notice subject to the terms and conditions of the applicable SLA.

11. Indemnification.

Customer shall indemnify, defend and hold ENZU, its affiliates, officers, directors, licensees, licensers, and vendors harmless from any and all claims, losses, damages and expenses, including, without limitation, reasonable attorney's fees and court costs, or liabilities arising from or related to (i) Service Misuse or a violation of any other provision of this Agreement; (ii) any claim of infringement of any intellectual property or other proprietary interest based on the possession or use of any Service(s), software or equipment furnished to Customer or Customer's end-user(s) and/or customer(s); (iii) any claim that Content, or the manner in which Customer or Customer's customer(s) and/or end user(s) make use of the Service(s), constitutes an infringement of any patent, copyright, trademark, trade secret, or other right of any third party; (iv) any acts or omissions of Customer, its employees, agents, contractors, invitees, licensees, visitors, and/or customer/end-users; and/or (v) any injury or damage to the person, property, or business of ENZU, its employees, agents, contractors, invitees, licensees, visitors, and/or customer(s)/end-user(s).

12. Governing Law.

This Agreement shall not become a binding obligation of ENZU until it has been executed by an officer of ENZU. The parties agree that any dispute arising under this Agreement shall be governed by and construed in accordance with the laws of the State of California, except for its principals for resolving conflicts of law. The parties agree that any disputes arising under this Agreement shall be resolved in the state or federal courts of the State of California.

13. Assignment.

Customer may not assign this Agreement or any portion hereof without ENZU'S prior written consent, which consent shall not be unreasonably withheld, provided that Customer may assign this Agreement or a portion thereof (i) in the event of a merger in which the party is not the surviving entity; (ii) in the event of a sale of all or substantially all of its assets; or (iii) to any party that controls, is controlled by or is in common control with such party (provided further that in the event of an assignment to any such party by Customer, the assignee must be of equal or better creditworthiness as Customer, as determined by ENZU in its sole discretion). Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

14. ASSIGNABLE/TRANSFERABLE SERVICES.

Enzu may transfer or assign any of its rights or obligations under the Agreement including any Services ordered or contracted by the Customer without the prior written consent of the Customer to any subsidiary, affiliate, and/or successor in interest. Enzu will provide the Customer with written notice of any transfer or assignment of the Services along with any other relevant information thereof. In all such cases, the assignment of Enzu's rights or obligations under this Agreement and/or any Services ordered or contracted by the Customer and the assumption of the rights and obligations or Services provided shall be at no additional cost to the Customer. After any transfer or assignment of the Services, the Customer agrees to update any its payment or billing arrangments to properly reflect the new provider of the Services.

15. Limitation on Liability.

  • A. IN NO EVENT SHALL ENZU, ITS AFFILIATES, SERVICE PROVIDERS, SUPPLIERS OR AGENTS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST OR IMPUTED PROFITS OR REVENUES, LOST DATA OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTION HOWEVER CAUSED ARISING FROM OR RELATED TO THE SERVICE(S) OR THIS AGREEMENT, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED, WHETHER BREACH OF WARRANTY, INDEMNIFICATION, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, AND WHETHER LIABILITY IS ASSERTED IN CONTRACT, TORT OR OTHERWISE, AND REGARDLESS OF WHETHER ENZU HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LIABILITY, LOSS OR DAMAGE. THE TOTAL AGGREGATE LIABILITY OF ENZU AND ITS SUPPLIERS TO CUSTOMER AND/OR ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES PROVEN BY CUSTOMER, SUCH DIRECT DAMAGES NOT TO EXCEED AN AMOUNT EQUAL TO THE TOTAL NET PAYMENTS RECEIVED BY ENZU FOR THE AFFECTED SERVICE WHICH GIVES RISE TO SUCH LIABILITY IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE IN WHICH THE CLAIM ARISES. The foregoing sets forth Customer's exclusive remedy for breach of this Agreement by ENZU. For certain Service(s), ENZU licenses certain software from third parties for use with such Service(s). The liability of such third party suppliers for damages, whether direct, indirect, incidental, special, punitive or consequential arising from use of the software and hardware, shall be disclaimed and limited to the maximum extent permitted by law.
  • B. Customer acknowledges and agrees that in no event shall ENZU be liable for any damages, whether in contract or tort, including, but not limited to, direct, consequential (including without limitation loss of profits), cost of substitute goods, special, exemplary, incidental and indirect damages, arising out of compliance or reasonable attempts to: (i) comply with the United States Copyright Act, or (ii) satisfy requirements to qualify for the safe harbors designated in Section 512 of the Digital Millennium Copyright Act including, but not limited to any actions by ENZU that result in a disruption or suspension of the Service(s).
  • C. The parties acknowledge that the limitations referenced in this section are material terms to this Agreement. Customer acknowledges that ENZU has set its prices, and other charges in reliance on the foregoing limitations of liability, which form an essential basis of the bargain between the parties.

16. Confidential Information.

  • A. Unless required to release by a law or court or government order, in which case the disclosing party will give as much notice as reasonably possible unless such order explicitly restricts such notification, or unless such information is already publicly available, neither party shall disclose any of the terms and conditions of this Agreement nor any non-public information (collectively "Confidential Information") without the prior written consent of the other party hereto. Notwithstanding the foregoing, each party may disclose Confidential Information to any consultants, contractors, and counsels on a need to know basis and have executed a reasonably protective non-disclosure agreement with the disclosing party.
  • B. In performing its duties under this Agreement, ENZU may receive or have access to, from or through Customer, personal data. ENZU shall not disclose or use the personal data for any reason other than as necessary to carry out its duties and responsibilities under this Agreement or as required by law.
  • C. In the event the receiving party commits a breach of, or threatens to commit a breach of, this Section 12, the disclosing party shall have the right to seek injunctive relief as may be ordered or awarded by a court of competent jurisdiction.

17. Modification.

Except for additional Service(s) to be ordered by a Service Order and/or Service Addendum, this Agreement may be modified only by a written instrument executed by both parties.

18. Notices.

Any notice required to be given hereunder shall be in writing and shall be deemed to have been delivered when deposited in the United States mail (registered or certified mail), return receipt requested, with adequate postage affixed, or delivered to a national overnight courier service and addressed to the persons set forth herein. Notice for monetary default may be sent by e-mail, facsimile, or other written format.

TO ENZU: ENZU Inc.
Attention: Legal Notifications
10120 S Eastern Ave #248
Henderson, NV 89052
TO CUSTOMER: To the address listed on the Order Form

Customer agrees to keep contact information on file with Enzu relevant and up to date at all times. All notices sent to the Customer at the physical address and/or email address on file shall be deemed to have been delivered and received when deposited in the United States mail or Express Courier (registered or certified mail) and/or sent by email. The Customer agrees to hold Enzu harmless from and against any costs or damages that are a result of its failure to receive any notices due to Customer's incorrect contact information on file.

19. Force Majeure.

Except for the obligation to make payments for Service(s) rendered, neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including but limited to, acts of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, acts of government, failure of the Internet, terrorist acts, failure of third party(ies), utility power failure, or failure of communication lines.

20. Severability.

In the event any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.

21. Waiver.

ENZU'S failure to insist upon or to enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.

22. Miscellaneous.

  • A. ENZU reserves the right to terminate the Agreement or any affected Service Addendum upon notice to Customer in the event that (i) ENZU cannot maintain, despite reasonable efforts to do so, its regulatory approval necessary to provide the Service(s) and/or enter into this Agreement; and (ii) ENZU'S underlying vendor is unable or unwilling to provide some or all of the Service(s) required for ENZU to continue this Agreement.
  • B. Any cause of action Customer may have with respect to the Service(s) shall be barred unless it is commenced within six (6) months of the earlier of (i) the effective date of expiration or termination of this Agreement; or (ii) the date after the claim or cause of action arises.
  • C. The following provisions will survive any expiration or termination of this Agreement: Indemnity (Customer's indemnity of ENZU); Ownership of Intellectual Property; Confidential Information; Disclaimers of Warranties; Limitation on Liability; Governing Law; Payment; and Miscellaneous.
  • D. IP Addresses: Each of the Base Products will have a public, fixed, non-transferable IPv4 and/or IPv6 address attached (each an "IP Address"); each IP Address provided to Customer by Enzu will remain the property of Enzu; each IP Address may be changed from time to time with 7 days notice given to customer prior to changing.

23. Third Party Beneficiaries.

The terms, representations, warranties and agreements of the parties set forth in this Agreement are not intended for, nor shall they be for the benefit of or enforceable by, any third party, including without limitation, Customer's end users.

24. Conflicts.

In the event of a conflict between or among the terms in this Agreement, the Service Order(s), the Service Addenda, and any other document made a part hereof, the documents shall control in the following order unless otherwise specifically set forth in a Service Addendum: the Service Order with the latest date, the AUP, the Service Addendum, this Agreement.

25. Publicity.

Customer shall not use, in advertising or publicity or in any way related to this Agreement or the subject matter hereof, the name of ENZU, its affiliates or any of its directors, officers, managers, employees, consultants or agents or any trade name, trademark, service mark, logo or symbol of ENZU or its affiliates, except with the express prior written consent of ENZU. ENZU may disclose as part of its promotional activities the fact that Customer is obtaining Service from ENZU.

26. Entirety.

This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original for all purposes hereof. This Agreement contains the entire agreement of the parties hereto with respect to the matters covered hereby and supersedes any other prior or simultaneous agreement related to such matters.

Illegal Use

Enzu services may not be used for illegal purposes, or in support of illegal activities. Enzu reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

Threats, Harassment, and Collection of Personal Data

Enzu services may not be used to transmit or originate any material that harasses or threatens, encourages bodily harm, or destruction of property. Use of the Enzu service to collect, or attempt to collect, personal information about third parties without their knowledge or consent is prohibited.

Forgery, Impersonation, and Fraud

Adding, removing, or modifying identifying network 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. Use of the Enzu service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes" and "chain letters" is prohibited.

Network Disruptions, Unauthorized Access, and Malicious Software

Use of the Enzu service for any activity which affects the ability of other people or systems to use Enzu Services or the Internet is prohibited. This includes "Denial of Service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inacceptable actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inacceptable manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. Enzu will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

Use of the Enzu service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Enzu 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, is expressly prohibited and the offending Enzu account is subject to immediate termination.

Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.

Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right

The use of services provided by Enzu to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software is prohibited.

Usenet Spaming

Enzu has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are acceptable under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

Unsolicited e-mail and e-mail Misuse

Use of the services of Enzu to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type may result in the blocking of smtp network ports on the service, all client services, or immediate termination of the offending customer's account without warning or reimbursement.

Legitimate uses of bulk email in a manner consistent with United States law may be permitted at the sole discretion of Enzu. The use of Enzu services for emailing more than 500 recipients from a service should be preapproved by Enzu prior to commencing of email campaigns. Enzu's abuse resolution policy is to serve all abuse complaints via our ticket system at https://www.Enzu.com/account and assure that they are handled professionally. Accounts generating notifications, alerts or complaints will incur a one-time administrative fee of $35 per notification, alerts or complaint and are expected to resolve these issues themselves in a timely manner as indicated. In the event of a blacklist listing, an additional $350 administrative fee will be issued along with immediate smtp blocking and at the discretion of Enzu, immediate service termination. Should a contract be involved, the client must immediately pay the remainder of the balance owed between the current date and the end of the term per the original agreement.

Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending Enzu account. Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Enzu service is in violation of this AUP.

Bulk Email

Use of Enzu services for the orgination, relay, or support of bulk email is prohibited. Customers are permitted to send low volume transactional emails and use the service for individual email accounts, but the service may not be used for sending commercial email, even if the customer has opted in to such emails. Sending marketing email in any sort of automated fashion is specifically prohibited.

"SEO IPs" Appropriate Use

Enzu makes available, for an additional fee, "SEO" IPs. SEO IPs are normal IPs that have been assigned from a variety of /24 net blocks (colloquially called "class c" blocks.) These IPs are provided exclusively for hosting SSL-enabled web sites. All other technical uses are prohibited, including but not limited to: email, VPN, proxy, SSH tunnelling, GRE tunnelling, filesharing, TOR, and IRC. Enzu has a zero-tolerance policy on abuse on these IPs and any abuse whatsoever will result in immediate termination without refund. Please secure your VPS adequately.

Internet Relay Chat

IRC is allowed on Enzu's network. If you are planning running an IRC server, please notify our staff at signup as these machines require special attention. As with any of our servers, illegal activity is not permitted on IRC, and Enzu will reserve the right to terminate accounts without refund if it appears such activity is being conducted. Enzu reserves the right to determine if or if not there is illegal activity being conducted in such an instance.

Pornographic Material

Adult content is allowed, contingent upon compliance with all U.S. regulations, as well as the regulations of the location of the customer's residency. What sexual content is acceptable on our servers will remain at the sole discretion of Enzu, and no other parties.

Third Party Accountability

Enzu subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.

Use of Servers for Resource Intensive Purposes

Using the server plans to host a content delivery network or content distribution network is not permitted without prior authorization. Using server plans to host applications that produce high usage patterns (including, but not limited to software such as SETI@Home and Folding@Home, digital currency mining, and public software mirrors is prohibited without the prior consent of Enzu. Please contact sales (at) Enzu (dot) com before signing up. Failure to contact Enzu may result in your server being rate-limited or turned off.

Unmetered bandwidth services are intended for common website usage. Content distribution services such as cdn, torrenting, streaming, file sharing, VOIP services and other similar applications are excluded from unmetered bandwidth and as such will have 30TB transfer included. Enzu, at its sole discretion, may choose to also reduce the service uplink to 100 Mbps in Lieu of a fixed bandwidth option.