XPhosting.Net provides Internet
World Wide Web page Hosting, Design, Marketing, and Development. We
have certain legal and ethical responsibilities concerning the use of
our servers and equipment involved in these services.
Our general policy is to act as a provider of internet presence.
We have specific ethical concerns
regarding the use of our computers detailed below.
XPhosting.Net reserves the right to suspend or cancel a
customer's access to any or all services we provide when we decide
that the account has been inappropriately used.
The Internet is
intended for use by mature adults (and by minors when supervised by
mature adults). Our customers are expected to use the Internet
with respect, courtesy, and responsibility, giving due regard to the
rights of other Internet users. The customer is expected to have
a basic knowledge of how the Internet functions, the types of use
which are generally acceptable, and the types of use which are to be
avoided.
Common sense is the
best guide as to what is considered acceptable use. The following are
unacceptable uses:
Illegality in
any form, including
but not limited to activities such as unauthorized distribution or
copying of copyrighted software, violation of U.S. export
restrictions, harassment, fraud, trafficking in obscene material,
drug dealing, and other illegal activities.
Server
abuse, any attempt to undermine or cause
harm to a server, or customer of ours is strictly prohibited.
Net
abuse, including but not limited to
activities such as using a non-existent email return address on a
commercial solicitation, spamming (sending unsolicited advertising
to numerous email addresses or newsgroups and/or generating a
significantly higher volume of outgoing email than a normal user),
trolling (posting outrageous messages to generate numerous
responses), mail-bombing (sending multiple messages without
significant new content to the same user), subscribing someone else
to a mailing list without that person's permission, cross-posting
articles to an excessive number of newsgroups, or attempting without
authorization to enter into a secured computer system. XPhosting.Net
reserves the right to determine what constitutes net abuse.
Tortuous
conduct, including but not limited to posting of defamatory,
scandalous, or private information about a person without their
consent, intentionally inflicting emotional distress, or violating
trademarks, copyrights, or other intellectual property rights.
Unauthorized
use of other people's accounts or computers, any use or
attempted use of an Internet account or computer without the owner's
authorization. Such attempts include "internet scamming"
(tricking other people into releasing their passwords), password
robbery, security hole scanning, etc. Any unauthorized use of
accounts or computers by a customer, whether or not the attacked
account or computer belongs to us, will result in action against the
attacker. Possible actions include warnings, account
suspension or cancellation, and civil or criminal legal action,
depending on the seriousness of the attack.
Abuse
of Unlimited Traffic and/or allotted Storage, our customers
are privileged to be offered unlimited traffic and/or allotted
storage for their web sites. The intention is to provide a large
space to serve web documents, not an offsite storage area for
electronic files. All (90%) of your web pages (html) must be
'linked' with files (.GIF, .JPEG, etc.) stored on our server.
Web
sites that are found to contain either/or no html documents, a large
number of unlinked files are subject to warning, suspension or
cancellation at the discretion of our management. Any customer who
violates our Policies in abusing either space/site transfer will be
notified and given 2 days to remedy the problem. If the problem is
not resolved within the allotted 2 day period, the client will be
billed for the overages.
To maintain the integrity of our service the
following limitations apply:
-
Sites
with Banners, graphics or CGI scripts running from their
domain used on other domains.
-
Sites
with picture galleries (This is any site where 50% of the
files transferred is graphics and/or
photos).
-
Sites
offering download files or archives. (This is any site where
50% or more of there monthly traffic is from file downloads)
-
Sites
using more than 30% of system resources
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For
those that do not qualify for the unlimited service, traffic will
go unmonitored until you reach 4GB per month. Thereafter, normal
data transfer cost of $20.00/1GB/month will be billed to your
account.
We
will be the sole arbiter as to what constitutes a violation of
this provision.
Misuse
of system resources, including
but not limited to employing posts or programs which consume
excessive CPU time or storage space; permitting use of mail
services, mail forwarding capabilities, POP accounts, or
auto-responders other than for the customer's own account; or resale
of access to CGI scripts or programs installed on our servers.
Commercial
advertisements with e-mail, unsolicited commercial
advertisements are not allowed in e-mail, and will likely result in
account suspension or cancellation.
Commercial
advertisements are unwelcome in most Usenet discussion groups
and on most e-mail mailing lists. Inappropriate posting may result
in account suspension or cancellation. See the newsgroup or mailing
list's charter for whether advertising is allowed or not.
"Spamming," or sending a message to many different
off-topic newsgroups, is particularly unethical and will be treated
as such.
Sending a message, especially an advertisement, to more than
five or six recipients, is by itself spamming unless the individuals
have specifically requested to be added to a mailing list on that
topic. E-mail is a person-to-person medium, not a broadcast medium.
Chat
Rooms, we do not allow clients to install their own chat rooms,
without approving it with the Support Team. Most chat rooms tend to
be large system hogs and we cannot allow it as an account option.
However, we do provide an ASP
based chat room option for a small extra
monthly charge that will more than fill your needs.
It runs on our separate Chat Room
Server away from your web site but appears to be within your pages
and in this way runs without hindering
the performance of the hosting machine for others.
Background
Running Programs, we may allow programs to run continually in
the background. These are considered on a one-to-one basis and an
extra charge will be incurred based on system resources used and
operational maintenance needed.
IRC,
We currently do not allow IRC or IRC bots to be operated on our
servers.
Payment
Policies
All accounts are set up on a pre-pay basis.
Setup fees are charged for all new accounts and major account changes
and are non-refundable. All pricing is guaranteed for the term of
pre-payment. XPhosting.Net reserves the right to change prices at any time,
unless other terms have been agreed upon. Any account not brought
current within a week (7 days) of e-mail notice or exceeding this time
frame in any way is subject to suspension. The customer is responsible
for all money owed on the account from the time it was established to
the time that the customer notifies us in writing for a request for
termination of services. All payment is in U.S. currency.
Cancellation
XPhosting.Net reserves the right to cancel service at any
time. All fees paid in advance of cancellation will be pro-rated and
paid by us if we institute it's right of cancellation.
Any violation
of policies which results in extra costs will be billed to the
customer (i.e. transfer, space etc.)
All of our web hosting plans are backed by a 30 day money back
guarantee. If you are not completely satisfied with our services or
support within the first 30 days of your contract, you will be given a
full refund of the contract amount excluding setup fees and overages.
Setup fees are refundable only if the account order is canceled prior
to activation. For web hosting contracts of 3 months or less, the full
contract amount less any setup fees and overages will be refunded if
we are notified within the first 30 days following activation.
No
refund is available after the 30th day. For web hosting contracts
longer than three months, a refund equal to one half of the contract
amount less any setup fees and overages will be given if we are
notified prior to the first day of the second half of the contract
term. For example, on a twelve month contract we must receive the
notice of cancellation prior to the first day of the sixth month of
the contract. No refunds will be given once the second half of the
contract term has begun. This policy does not apply to any additional
services such as overages, additional disk space, additional pop
accounts, etc. Due to security concerns, all account cancellations
must be done in writing via US mail or fax with a valid signature of
the primary contact of the account, account name, reason for
cancellation. Phone requests will not constitute acceptance of any
cancellation. Payment will be made by
company check within 15 days of receipt of cancellation
notice.
Lawful
Purpose
XPhosting.Net reserves the right to refuse service to
anyone. Customers may only use our servers for lawful purpose.
Transmission of any material in violation of any Federal, State or
Local regulation is prohibited. This includes, but is not limited to
copyrighted material, material legally judged to be threatening or
obscene, and material protected by trade secrets. We expressly forbid
anyone from using servers for the propagation, distribution, housing,
processing, storing, or otherwise handling in any way lewd, obscene,
or pornographic material, or any other material which we deem to be
objectionable, including, but not limited to, pornography, satanic
materials, and any and all materials of an adult nature. The
designation of any materials as such described above is left entirely
to the discretion of our management.
Indemnification
Customer agrees that it shall defend, indemnify,
save and hold us harmless from any and all demands, liabilities,
losses, costs and claims, including reasonable attorney's fees
asserted against us, its agents, its customers, officers and
employees, that may arise or result from any service provided or
performed or agreed to be performed or any product sold by customer,
it's agents, employees or assigns. Customer agrees to defend,
indemnify and hold us harmless against liabilities arising out of; (1)
any injury to person or property caused by any products sold or
otherwise distributed in connection with our servers; (2) any material
supplied by customer infringing or allegedly infringing on the
proprietary rights of a third party; (3) copyright infringement and
(4) any defective products sold to customer from our servers.
Disclaimer
XPhosting.Net will not be responsible for any damages your
business may suffer. We make no warranties of any kind, expressed or
implied for services we provide. We disclaim any warranty or
merchantability or fitness for a particular purpose.
The includes loss
of data resulting from delays, non-deliveries, wrong delivery, and any
and all service interruptions caused by the hosting company and its
employees. XPhosting.Net reserves the right to revise its policies at any time.
All
Sub-Networks, resellers and dedicated servers of ours must adhere to
the above policies. All their customers and
sub-contracts must also adhere to the above policies.
Failure
to follow any term or condition will be grounds for immediate account
deactivation.
COPYRIGHT NOTICE. Copyright © 1998 - 2001 XPhosting.Net 887 South Long Beach Avenue, NY
11520 U.S.A. All rights reserved.
TRADEMARKS,
TELEcomputers, TELEcomputers.com, XPhosting.Net,
TELEcomputers Services and/or other TELEcomputer products and services
referenced herein are either trademarks or registered trademarks of
TELEcomputers Services.
