Last Updated: 2010-09-01

Zinnology provide their services to you subject to the following conditions. If you visit or shop at Zinnology, you automatically accept these conditions. Please read them carefully. In addition, when you use any current or future Zinnology service or visit or purchase from any business affiliated with Zinnology, whether or not included in the Zinnology Web site, you also will be subject to the guidelines and conditions applicable to such service or business.

General Terms Relating to All Business Activity.

Electronic Communication:
When you visit the Zinnology website (www.zinnology.com or www.zinnology.com.za) or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Zinnology will at no time SPAM you or your email account, if you feel that you are a victim of SPAM abuse please contact Zinnology immediately.

Licence and site access:
Zinnology grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written permission of Zinnology. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent from Zinnology. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Zinnology and without express written consent. You may not use any Meta tags or any other hidden text utilizing Zinnology's name or trademarks without the express written consent of Zinnology. Any unauthorized use terminates the permission or license granted by Zinnology. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Zinnology so long as the link does not portray Zinnology, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. Zinnology reserves the right to revoke this licence at any given time without warning.

Copyright complaints:
Zinnology and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, contact us with your complaint and we will urgently look into the matter.

Other businesses:
Parties other than Zinnology and its subsidiaries operate stores, provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of any of these businesses or individuals or the content of their Web sites. Zinnology does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

Applicable law:
By visiting Zinnology, you agree that the laws of South Africa, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Zinnology.

Site policies, modification, and severability:
Please review our other policies, posted on this site. These policies also govern your visit to Zinnology. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time; they will be effective immediately upon posting online to www.zinnology.com. It is your responsibility as a client to stay current with updates made to this policy and others hosted on Zinnology.com. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Privacy Policy:
Please review our Privacy Policy.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:
THIS SITE IS PROVIDED BY ZINNOLOGY ON AN AS IS AND AS AVAILABLE BASIS. ZINNOLOGY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ZINNOLOGY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ZINNOLOGY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM ZINNOLOGY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ZINNOLOGY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Additional Terms Relating to Internet Based Services.

Law Enforcement:
We specifically prohibit the use of our service for illegal activities. Therefore, all clients agree that Zinnology may disclose any and all information including assigned IP numbers, account history, account usage, etc. to any law enforcement agent who makes a written request without further consent or notification to the client. In addition Zinnology shall have the right to terminate all service set forth in this Agreement.

Web Based Services:
Zinnology accepts no responsibility for damages induced to sites/servers by 3rd parties and by any kind of network or server attacks.

Domain Registration Costs:
Please note that fees payable for domain registration, renewal and transfer costs are non-refundable under any circumstances. Zinnology accepts no responsibility for any typing errors (spelling mistakes) you make when ordering a domain name with us.

Payments:
Zinnology will issue invoices on a standard monthly/annually basis, (normally towards the end of the billing period) payment is due before the 1st of the month. We are unable to accept credit cards of any kind but we accept EFT or direct deposits into our bank account. Cash payments, cannot be accepted unless the invoiced amount is paid in full upfront before the services are started. Cheques are accepted but we can only begin the service once clearance is affected - this may take up to two weeks. You will be given the details of our account information when your order has been placed.

Cancellation of Service:
Should you need to cancel your service(s) with Zinnology you will be required to cancel once (1) calendar month ahead of time. Should you need to cancel a contract based service with Zinnology you will be charged a cancellation penalty fee equal to the equivalent of 20% of the contract's value.

Failure to Pay:
Zinnology will temporarily suspend service upon the failure of payment. The account will be reactivated as soon as the money is reflected in our account. We do not charge a reactivation fee but after 3 suspensions Zinnology may terminate the service and take legal action against the client.

SPAM and Unsolicited Email:
Zinnology will under no circumstances tolerate the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Zinnology may not use or permit others to use our network to transact in UCE. Customers of Zinnology may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including, but not limited to termination of service and in certain cases legal action may be taken against the client.

IP Address Ownership:
If Zinnology assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Zinnology, and Customer shall have no right to use that Internet Protocol address except as permitted by Zinnology in its sole discretion in connection with the Services, during the term of this Agreement. Zinnology shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Zinnology, and Zinnology reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by RIPE's new policies. These policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses.

Bandwidth and Disk Usage:
The Client agrees that bandwidth shall not exceed the number of megabytes per month and disk usage shall not exceed their quota for the Services ordered by Customer. Sites that consume over our monthly bandwidth limit (according to the package) are automatically disabled and will show a bandwidth overusage note when trying to view the website and client must look into upgrading their hosting package for better bandwidth needs.

Banded Products, Usage and Activities:
The following scripts are banned from use on our shared and reseller hosting and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc
  • IRC
  • egg drops
  • BNC's
  • Shell, SSH, Telnet Scripts and Shell, SSH, Telnet Alternatives.
  • Proxy servers
  • Mail bombers
  • Torrent scripts
  • Anonymous mailers
  • IP spoofers
  • Port scanners
  • nph-proxy
  • UBB (Ultimate Bulletin Board, all versions)
  • Any script that uses & processes a massive number of flatfiles or large flatfile databases
Should Zinnology find any of the above mentioned scripts/ services running on a client's account Zinnology will suspend the account without notice.

Shared Hosting Resource Usage:
Zinnology's shared hosting accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination or suspension of your account without notice. You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performance of Zinnology's systems or Hosting. Zinnology reserves the right to terminate or limit such activities.

System and Network Security:
Users are prohibited from violating or attempting to violate the security of the Zinnology Network. Violations of system or network security may result in civil or criminal liability. Zinnology will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
  • Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
  • Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
  • Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
  • Taking any action in order to obtain services to which such User is not entitled.


Suspension of Service or Cancellation:
Zinnology reserves the right to suspend network access to any customer if in the judgment of the Zinnology network administrators the customer's server is the source or target of the violation of any of the other terms of the TOS or for any other reason which Zinnology chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete.

Content
Zinnology's current network does allow legal Adult Content on its servers but at the sole digression of Zinnology and its Network Operation Centre. Child pornography is prohibited and will result in termination of service as well as legal action being taken against all responsible parties. Sites containing or linking to material that may be considered detrimental to the public health, safety, or welfare are strictly forbidden. (Such as, but not limited to: Anarchists Cookbook, bomb making, weapon information, or anything else that may be considered detrimental or illegal.) Zinnology does not allow, illegal software, music, torrents on their servers.

Backups
Zinnology's servers run accounts backup scripts daily, however these backups are in NO WAY GUARANTEED! Zinnology does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on Zinnology's part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.

Violations of the Acceptable Usage Policy will result in the following:
A warning notification sent via email, Email with 24 hours notice for resolution: 24 hours is the standard notification; situations involving law enforcement, phishing scams, fraud, password harvesting, network interference, Denial or Disruption of service, IRC related misuse, or other malicious activity can reduce the notification time frame.
  • First Violation: Any user, which Zinnology determines to have violated any element of our AUP (Acceptable use Policy), shall receive an e-mail, warning them of the violation. The service may be subject at Zinnology's discretion to a temporary suspension pending a client's agreement in writing to refrain from any further violations.
  • Second Violation: Any client that Zinnology determines to have committed a second violation of nay element or portion of the AUP shall be subject to immediate suspension or termination of service without further notice.
  • Third Violation: Any client that Zinnology determines to have committed a third violation of nay element or portion of the AUP shall be subject to immediate termination of service without further notice.
Zinnology reserves the right to drop the section of IP space involved in any SPAM or Denial-of-Service (Dos) complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial-of-service attacks are originating from your network. In certain rare cases, we may have to take this action prior to attempting to contact you. Zinnology is not responsible for any damages your business may suffer as a result of these actions.

Additional Terms Relating to Purchases.

Website Information and Product Descriptions:
All product information provided on this website is done so by using information obtained from suppliers and manufacturers. Zinnology cannot be held responsible for any errors or omissions. If you need specific information or a specific model of a product, please bring this to our attention. Zinnology and its affiliates attempt to be as accurate as possible. However, Zinnology does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Zinnology itself is not as described, your sole remedy is to return it in an unused condition.

Payments and Pricing:
Zinnology is unable to accept credit cards of any kind but we accept EFT or direct deposits into our bank account. Cash payments, cannot be accepted unless the invoiced amount is paid in full upfront before the products are ordered from the supplier. Cheques are accepted but we can only place your order once clearance is affected - this may take up to two weeks. If you have selected to pay via EFT / Bank Transfer, you will be given the details of our account information when your order has been confirmed to ensure stock is available before you pay. Payment for any order must be made upfront before we will place orders with our suppliers. All prices displayed on the Zinnology website or existing within Zinnology pricelists are shown inclusive of VAT. You will receive an invoice from us via email containing our VAT number, as well as your VAT number if you have specified one in your account details after your order is complete. Prices are subject to change without prior notice as and when required, and are usually linked to changes in the Rand Dollar exchange rate. If you need to cancel an order that you have already paid for, we will charge you a 10% fee to credit the outstanding amount to you.

Stock:
Zinnology does not keep any products in stock at our place of business or anywhere else. When you place an order with us, we place an order with our suppliers for those products. Occasionally it will happen that our supplier is out of stock of a particular item - in this case, we will do our best to locate the item from alternate suppliers, or inform you of the expected delivery time if this information is available to us. You can then make the decision based on that information to either cancel your order, wait for the stock to arrive, or replace with an alternative item.

Location and Delivery:
Zinnology in an effort to keep the costs of our products as low as possible passes the cost of delivery of the goods onto you. We make use of large trustworthy courier companies that have good value as well as excellent tracking facilities. Additionally, you may collect your order from our offices in Henley-On-Klip, Midvaal, but only once instructed to do so by us. All items passed on for delivery should be insured to protect both you and Zinnology from any loss; this insurance is optional. While this does increase the cost of delivery; we believe this is necessary to protect your purchase.The cost of delivery is calculated when you inform us that you will be requiring such a service, and is based on weight, or a volumetric weight equivalent. You may also have your package delivered to a Post Office counter. Deliveries attract an additional handling and packaging fee of 10% and additional R5 for postage. Insurance on your delivery is optional. We highly recommend that you insure your order for your protection. If you chose not to insure a delivery and if anything happened to your goods while in transit, there is NO recourse from Zinnology! We STRONGLY urge that in all cases you should choose an insured delivery option!

Taxation:
Zinnology is the Trading Name for Zinnology cc, CK2007/167274/23. Zinnology cc is in the process of being registered for VAT. You will receive an invoice from us via email containing our VAT number, as well as your VAT number if you have specified one in your order.

Warranty And Returns:
All warranties are supplied by the manufacturer of the product through the supplier, and not by Zinnology. Please check your warranty information from the relevant manufacturer, but the supplier has the ultimate decision on any warranties and we uphold those decisions. Please note that all media and consumables do not carry warranties and cannot be returned unless a known problem has been reported to our supplier with similar items in their batches and they are prepared to replace them. If your product is defective at all, and the defect is within the specifications of the manufacturers and suppliers warranty, please inform us about it. We will consult with the supplier with respect to the fault, and deliver what the supplier provides us with back to you. In most cases, suppliers replace defective items immediately - if no stocks are available, we may credit you. Should the supplier detect no fault, no replacements can be made. You are liable for any additional costs associated for these deliveries to and from us. At our discretion, particularly for products that arrive and don't work, or become faulty within one month, we will cover the costs. The inherent nature of components means that we understand that faults do occur that remain undetected until first used. If you have purchased a product that is incompatible with your existing system, we will only accept the product back for a credit if it is returned in re-saleable condition in the original packaging within 14 days of the purchase date. You will be liable for the delivery costs to return the item to us, and a handling fee which will be deducted from your credit. This is a 15% charge on the value of the item. An additional 15% charge will apply on goods returned without original or damaged packaging. We cannot accept returns after 14 days from the date of purchase. If you would like us to assemble any of the components you purchase, we can do so. This gives you the added benefit of knowing that all components will be tested before being dispatched as well as being sure that all components are compatible with your system.