Acceptable Use Policy (AUP)
1. Introduction, Purpose, and General Terms.
1.1. This Web site gives you the ability to learn about xHost Solutions and its products and services as well as the ability to access our network and services ("xHost Solutions Services"). By using this site, and any other sites or services owned, operated, or provided by xHost Solutions, you signify your agreement to the terms, conditions and notices of this policy. "You" when used in the Agreement shall mean the xHost Solutions Customer of record and that xHost Solutions Customer's end users.
1.3. This document sets forth the principles, guidelines and requirements of the Acceptable Use Policy of xHost Solutions ("Company") governing the use by the Customer ("Customer") of the Company's services and products ("Services and Products"). The purpose of xHost Solutions Acceptable Use Policy (the AUP) is to comply with all international, federal, state, and local laws and to protect the network security, network availability, physical security, Customer privacy, and other factors affecting the services provided by xHost Solutions. xHost Solutions reserves the right to impose reasonable rules and regulations regarding the use of its services provided to all Customers and such rules and regulations are subject to change.
1.4. In order to maintain an informative and valuable service that meets the needs of the users of this site and xHost Solutions Services, the rules in this AUP have been established to protect against abuse. The AUP is not an all-inclusive, exhaustive list and xHost Solutions reserves the right to revise, amend, or modify the AUP at any time as needed, effective upon either the posting of the revised, amended, or modified AUP to www.xhostsolutions.com/legal/aup.cfm or notification to the Customer via e-mail to the e-mail address of Customer as set forth in the Service Descriptions.
1.5. Any violation of the AUP may result in the suspension or termination of your account or such other action, as xHost Solutions deems appropriate. No credits will be issued for any interruption in service resulting from violations of the AUP.
1.6. VIOLATION OF ANY SECTION OF THE AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM XHOST SOLUTION.
1.7. Any questions or comments regarding the AUP should be directed to xHost Solutions by e-mail to the following e-mail address firstname.lastname@example.org, for issues concerning the AUP.
2. General Prohibitions.
You may not use this site or xHost Solutions Services for any purpose that is unlawful or in any manner that could damage, disable, overburden or impair the operation of this site, the xHost Solutions Network, or xHost Solutions Services, or any other party's use or enjoyment of this site, the xHost Solutions Network, or xHost Solutions Services.
3. Compliance with Law.
Customer shall not use xHost Solutions Service or any other service or network to post, upload, transmit, retransmit, store, distribute or facilitate the distribution of any content, including without limitation text, communications, software, images, sounds, data, or other information that, in xHost Solutions sole discretion:
3.1. violates, attempts to violate, or helps any third party to violate any local, state, federal, international, or non-United States law, ordinance, or regulation,
3.2. is threatening, obscene, indecent, pornographic, abusive, harassing, libelous, defamatory, deceptive, fraudulent, invasive of another's privacy, tortious, inaccurate, or that otherwise could adversely affect any individual, group or entity (collectively, "Persons"),
3.3. threatens or encourages bodily harm or destruction of property,
3.4. harms any person,
3.5. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, sex, sexual orientation, race, ethnicity, national origin, immigration status, age, disability, or any other reason,
3.6. is posted in violation of a newsgroup charter,
3.7. contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer,
3.8. violates any terms or conditions of any other network access provider or Internet service provider,
3.9. violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" information content or data or other software products that are not appropriately licensed for use by Customer. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products,
3.10. adds, removes, or modifies identifying network header information in an effort to deceive or mislead any person. Additionally, attempting to impersonate any person by using forged headers or other identifying information is prohibited. However, the use of anonymous remailers or nicknames does not by itself constitute impersonation, unless such use is made with the intent to deceive, defraud, or mislead any person or to violate any applicable laws or regulations,
3.11. collects, attempts to collect, or helps any third party to collect personal information about third parties without their knowledge or consent or in a manner that violates applicable laws concerning privacy,
3.12. has a negative effect on xHost Solutions or its network (including, without limitation, overloading servers on the xHost Solutions Network; causing portions of the xHost Solutions Network to be blocked by other network providers; generating unresolved third party complaints or complaints which, in the discretion of xHost Solutions, impose an unreasonable administrative burden
4. System and Network Security.
Violations of system or network security are strictly prohibited, and may result in criminal and civil liability as well as termination of services from xHost Solutions. xHost Solutions investigates all incidents involving such violations and will cooperate with law enforcement if a violation of the criminal law is suspected.
You are responsible for any misuse of your account, even if a friend, family member, guest, agent, or employee committed the inappropriate activity while using your account. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach the security of another xHost Solutions account or attempt to gain unauthorized access to another network or server.
Examples of system or network security violations include, without limitation, the following:
4.1. Introduction into the network or server of any malicious program (examples: viruses, worms, Trojan Horses, logic bombs, and other executables intended to inflict harm).
4.2. Introduction into the network or server of any self-extracting file or program containing any malicious program as specified in Section 4.1 of this AUP.
4.3. Introduction into the network or server of any data, parameter, configuration, template, or control files for software applications that contain destructive macros or other malicious code.
4.4. Introduction into the network or server of any encrypted or compressed file or archive such as .zip or .gz files that contains any malicious program as specified in paragraphs 4.1 through 4.3 of this AUP.
4.5. Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient, logging into a server or account that the Customer is not expressly authorized to access, or exceeding the access to a server or account that has been granted to the Customer. For purposes of this section, "disruption" includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing, and forged routing information.
4.6. Executing any form of network activity that will intercept data not intended for the Customer.
4.7. Circumventing user authentication or security of any host, network or account.
4.8. Interfering with or denying service to any user other than users of the Customer's host (examples: denial of service attack or distributed denial of service attack).
4.9. Using any program script/command, or sending messages of any kind such as a punter, designed to interfere with or to disable, a user's terminal session, via any means, locally or via the Internet.
4.10. Attempting to use or gain unauthorized access to data, accounts, hosts, servers, systems or networks of this site, or to probe, scan or test the vulnerability of a system or network of this site, any xHost Solutions Services or those of any other party.
4.11. Interfering with service to any user, host or network including, without limitation, mail-bombing, flooding, or attempting to overload the system.
4.12. Forging any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
4.13 Falsifying address information or otherwise modifying e-mail headers to conceal the sender's or the recipient's identity.
5. Internet Etiquette.
The Customer agrees to observe and abide by reasonable Internet etiquette (Netiquette). The Customer shall comply with the rules appropriate to any network to which xHost Solutions may provide access. The Customer should not post, transmit, or permit Internet access to information the Customer desires to keep confidential. The Customer shall not post any material that is illegal, is libelous, is otherwise tortious, indecently depicts children, or is likely to result in retaliation against xHost Solutions by offended users. xHost Solutions reserves the right to refuse or terminate service at any time for violation of this section. This includes, but is not limited to, advertising services or sites via Internet Relay Chat (IRC) or USENET in clear violation of the policies of the IRC channel or USENET group.
6. Child Pornography.
xHost Solutions will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography, or any other applicable international, federal, state, or local law that prohibits child pornography. Customers are ultimately responsible for the actions of their clients over xHost Solutions network, and shall be liable for illegal material posted by their clients.
According to the Child Protection Act, child pornography includes photographs, films, video, or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.
7. xHost Solutions No-Spam Policy (NSP).
7.1. Customer shall comply with all the terms and conditions of xHost Solutions No-Spam Policy (NSP) as described in this Section 7. Violation of the NSP shall be deemed a violation of this AUP and of the Customer's Agreement with xHost Solutions.
7.2. At xHost Solutions, we are committed to providing valuable hosting services to our valued customers.
7.3. An important part of xHost Solutions mission is to be a respected and responsible member of the business and Internet communities. We take seriously our role in protecting our customers and the general public from nuisances such as "spam." This section describes our NO-SPAM Policy. Please read it carefully, because it contains important information and because it is a material part of your Agreement with xHost Solutions.
7.4. To report any spam you receive that identifies itself as coming from the xhostsolutions.com servers or claims to be related to xHost Solutions in any way, please send an e-mail message to us at email@example.com. In your message to us, please include a complete and accurate copy of the message that you consider to be spam, along with full message headers and routing information for e-mail, a message board provided by a Web site or an online service, Usenet, interactive chat message, or instant message service, as the case may be.
7.5. Definition of Spam.
Unsolicited commercial e-mail and electronic messages are colloquially referred to as "spam." Other common names for spam include "spam e-mail," "junk e-mail," "bulk e-mail," "direct e-mail," and "mass e-mail." Spam is the electronic equivalent of the direct mail you receive in your postal mailbox frequently.
In its most general terms, and as used in this NO-SPAM Policy (the "Policy"), spam is:
a). a commercial e-mail message or other electronic message, including, but not limited to, messages that are:
b). posted to an electronic mailing list (other than an "opt-in" e-mail list as described below),
c). posted on an online bulletin board system or Web-based message board system or "guest book",
d). posted to a Usenet newsgroup,
e). posted to the common area of an online community, group, or club,
f). posted in a chat room,
g). posted in a message board of a commercial online service (such as America Online),
h). posted to a Weblog ("blog"),
i). sent via an instant message system (such as ICQ, Yahoo! Pager, Yahoo! Instant Messenger, or AOL Instant Messenger),
j). sent through e-mail or another Internet means of communication when the message's ultimate destination is a facsimile ("fax") machine, cellular or wireless telephone, or wireless device,
k). a commercial e-mail message or other electronic message that is addressed to one or more recipients with whom you do not have an preexisting business or personal relationship,
l). a commercial e-mail message or other electronic message that is sent to a mailing list of addresses that you purchased or that were otherwise distributed, or any list of e-mail addresses whose owners did not sign up for your specific mailing list, including without limitation lists commonly known as "affiliate lists,"
m). a commercial e-mail message or other electronic message that is not sent at the request of, or with the express consent of, the recipient(s),
n). a commercial e-mail message or other electronic message that is sent to a recipient who has opted out of receiving further commercial electronic messages from you, or
o). a commercial e-mail message or other electronic message that contains forged headers, compromised mail server relays, or false contact information.
For purposes of this Policy, spam also includes any e-mail or other electronic message that is sent in violation of any applicable Federal, state, or local law regulating unsolicited commercial e-mail, unsolicited fax transmissions, or any other type of unsolicited commercial electronic message, regardless of whether that message fits the definition of "spam" provided above.
7.6. "Opt-in" E-mail Lists.
Please note: messages sent to "opt-in" e-mail lists are not spam, for purposes of this Policy, provided that those messages meet all of the following criteria:
a). the messages are sent to an "opt-in" e-mail list in which ALL subscribers have VOLUNTARILY agreed to receive announcements and advertisements about products and services;
b). the messages STRICTLY COMPLY with ALL the requirements and regulations of the "opt-in" e-mail list; and
c). upon request of any subscriber to the "opt-in" e-mail list, you immediately stop sending that subscriber any e-mail regarding your products and services.
If you choose to use an "opt-in" e-mail list, please be aware that xHost Solutions will consider ANY violation of the requirements or regulations of such any third party provider of software or services for such a list to be a violation of this NO SPAM Policy.
Furthermore, xHost Solutions reserves the right to prohibit "opt-in" e-mail lists in the future if such a prohibition is reasonably necessary to keep its hosting service operating efficiently for all users.
7.7. Zero Tolerance for Spam.
xHost Solutions will not tolerate any spamming by any of its Customers. This prohibition of spam extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of xHost Solutions services whether or not the message actually originated from our network.
Violation of this NO-SPAM policy will result in xHost Solutions taking one or more of the following actions:
A warning via e-mail or telephone,
Removal of DNS for the advertised/originating site, or
Temporarily blocking outgoing mail from your site.
Repeated violation of this NO-SPAM policy will result in immediate disconnection of service with no re-activation.
xHost Solutions reserves the right to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from being sent from or transmitted through the xHost Solutions Network.
PLEASE NOTE: The transmission of spam, including the transmission of counterfeit e-mail, may result in civil and criminal penalties against the sender, under various federal, state, and local laws and regulations.
7.8 Indemnification of xHost Solutions.
You agree to defend, hold harmless, and indemnify xHost Solutions from any harm or damages whatsoever resulting directly or indirectly from your engaging in any spamming practices or from your violation of any of the terms of this NO SPAM Policy.
8. No Editing, Censoring, or Control of Communications; Reservation of Rights.
Your participation in online communication or use of any xHost Solutions service is not edited, censored, or otherwise controlled by xHost Solutions. However, xHost Solutions reserves the right to monitor content on this site and on any xHost Solutions servers, networks, or systems and to remove content, disable sites, or suspend or terminate services if xHost Solutions, in its sole discretion, determines such content or user practices are harmful, offensive, or otherwise in violation of this Acceptable Use Policy.
9. International Use.
xHost Solutions makes no representation that materials available on this site or any or through any xHost Solutions service are appropriate or available for use in locations outside the United States, and accessing them or using them from territories where their contents are illegal is prohibited. Customers and their users who access this site or any site hosted by xHost Solutions from locations outside the United States of America are solely responsible for compliance with all applicable local laws and regulations. Moreover, to the extent allowed by law, Customers agree to defend, indemnify, and hold harmless xHost Solutions, its parents, subsidiaries, partners, joint venturers, employees and agents, and all their respective heirs, successors, and assigns for any acts of Customer or Customer's users that may violate any applicable law.
10. Intellectual Property Rights.
10.1. All xHost Solutions Web site design, text, graphics and the selection and arrangement thereof are the copyrighted work of xHost Solutions, © 2005. All rights reserved. If any page, information, or content is copied, it may only be copied for non-commercial uses that are explicitly allowed under the Customer's Agreement with xHost Solutions or by law, and xHost Solutions shall, in any event, retain all copyright and other proprietary interests in said page, information, or content.
10.2. You acknowledge and agree that copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws protect all content and materials available on this site or through any xHost Solutions service. Nothing on any xHost Solutions Web site shall be interpreted or implied in such a way as conferring any license or right to any intellectual property rights or license to any intellectual property, content, technology, system, process, or related material belonging to xHost Solutions by virtue of it being displayed or made accessible on any xHost Solutions Web site. Except as expressly authorized, you agree not to use this site or any xHost Solutions Services in any manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you may access, receive or make available through this site or any xHost Solutions Services.
10.3. If you use a domain name or content in connection with the xHost Solutions Web hosting, or any other Web hosting service, you agree not to use that domain name or content in any way which violates any trademark, service mark, or similar rights of any third party. Specifically, and without limitation, you agree that you will not engage in, attempt to engage in, or conspire with others or solicit others to engage in any cybersquatting or domain name hijacking,
10.4 xHost Solutions data center infrastructure including all hardware, software, and telecommunications facilities located in its data center may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of any United States or state regulation or law or the common law, or any applicable foreign or international law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, patent, trade secret, or other intellectual property rights.
10.5. Creating, utilizing, or distributing unauthorized copies of software or other information content is a violation of international, federal, and state law. If you copy, distribute, or install software or other information content in ways that the license to use that content does not allow, you are violating federal copyright law and international copyright law. xHost Solutions will cooperate with all law enforcement agencies in relation to alleged copyright infringement based on content housed in our data centers.
10.6. Please see Copyright Infringement Reporting on the xHost Solutions Web site for procedures on disclosing alleged copyright infringement.
11. Customer's Grant of Limited License to xHost Solutions; Warranties on Content.
By posting or submitting content to any xHost Solutions Web site or server, you:
11.1. Grant xHost Solutions a limited license to transmit, copy, store, back up, and retrieve the content, solely for the purpose of providing you with the services you are purchasing under your Agreement with xHost Solutions;
11.3. Warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by xHost Solutions does not and will not infringe or violate the rights of any third party; and
11.4. Agree to defend, hold harmless, and indemnify xHost Solutions for any claims of any third party resulting from the public posting or use of your content.
12. IP Allocation.
xHost Solutions administers an Internet network on which multiple Customer servers reside. Customers shall NOT use Internet protocol (IP) addresses that were not assigned to them by xHost Solutions staff or network administrators.
13. Restrictions on Use of xHost Solutions Services.
13.1 You may not operate Internet Relay Chat ("IRC") servers using xHost Solutions's services.
13.2. You may not run any IRC robot on any IRC server that might interfere with the Services or otherwise violate this AUP. When logged into any IRC server, you must comply with the rules and policies established by that IRC's service administrator.
13.3. You must not use any programs that may or will interfere with another's use of this site or any xHost Solutions Services.
13.4. You may not run any background processes on the xHost Solutions servers, networks, or systems without prior written authorization from xHost Solutions.
13.5. You may not use any xHost Solutions services to send denial-of-service (DOS) attacks to any computer or network, or to "flood" any computer or network.
13.6. xHost Solutions reserves the right to add further restrictions to Customer's use of the xHost Solutions Services if such further restrictions are reasonably necessary to keep its hosting service operating efficiently for all users.
13.7. You may not host any adult websites on xHost Solutions servers.
14. Suspension and Cancellation.
15. Notices Regarding Violations of AUP and Intellectual Property Rights.
15.1. The xHost Solutions Agreement and all its components prohibit acts of copyright and trademark infringement and other unlawful behavior by xHost Solutions Customers. xHost Solutions takes Customer violations seriously and will investigate complaints and, where appropriate, may remove content, disable sites, suspend or terminate services, or take other action as necessary.
15.2. General Complaints: Please send reports of any activity in violation of this Acceptable Use Policy to firstname.lastname@example.org. If possible, please provide the IP address used to commit the violation, the date and time of the violation, and evidence of the violation. xHost Solutions will reasonably investigate incidents involving such alleged violations. xHost Solutions may involve and will cooperate with law enforcement officials if any criminal activity is suspected. Violations may result in criminal and civil liability.
15.3. Copyright/Trademark Infringement Complaints: If you believe that your copyright or trademark has been used by a xHost Solutions subscriber without permission, such that the use may constitute infringement of your intellectual property rights, please see the instructions on how to send your claim at www.xhostsolutions.com/legal/copyright.cfm .