xHost's Acceptable Use Policy is provided to give our customers and users a clear understanding of what xHost expects of them while using the service. All users of xHost's Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this Acceptable Use Policy and our Terms of Service.
Use of xHost Services constitutes acceptance and agreement to xHost's Acceptable Use Policy as well as xHost's Terms of Service.
Note: Pornography and sex-related merchandising are prohibited on any xHost server EXCEPT those on servers that have clearly stated that such content is allowed upon signing up. This includes sites that may infur sexual content, or links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to xHost servers or any other server on the internet. Links to such materials are also prohibited. All IRC related activities are strictly prohibited and can be cause for immediate account termination!
We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this Acceptable Use Policy. xHost may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this Acceptable Use Policy may result in the suspension or immediate termination of either your xHost account or other actions WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understand of xHost's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of xHost's Acceptable Use Policy:
xHost intends to provide its customers access to everything the Internet has to offer. While xHost is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both the xHost and the Internet and cannot be permitted under the guise of free speech. The resources of xHost are limited, and abuse of these resources by one user has a negative impact on the entire community.
We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.
You may not use your site to publish material, which xHost determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics ( including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.
If a xHost account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
As a member of our community, you must use your access responsibly. If you have any questions regarding this policy, please contact us at support@hosting.nevyn.net.
The following constitute violations of this Acceptable Use Policy:
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account immediately disabled. The account will not be enabled until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the account to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the account from our network without notice to the customer. Any account guilty of a second violation WILL be immediately and permanently removed from our network without notice.
E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending xHost account.
E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the xHost service is in violation of this Acceptable Use Policy.
Usenet SPAMING: xHost 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 appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
Unauthorized access: Use of the xHost service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of xHost's 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 xHost account is subject to immediate termination.
Copyright or trademark infringement: Use of the xHost service 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.
Collection of personal data: Use of the xHost service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
Network disruptions and unfriendly activity: Use of the xHost service for any activity which affects the ability of other people or systems to use xHost Services or the Internet. 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 inappropriate 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 inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. xHost 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.
Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
Distribution of Viruses: 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.
Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using xHost services could result in suspension service.
Third Party Accountability: xHost 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.
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. 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 security of another account or attempt to gain unauthorized access to another network or server.
xHost 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 of your account.
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 performances of xHost systems or networks. xHost reserves the right to terminate or limit such activities.
xHost requests that anyone who believes that there is a violation of this Acceptable Use Policy direct the information to the Abuse Department at abuse@hosting.nevyn.net.
If available, please provide the following information:
E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. xHost may take any one or more of the following actions in response to complaints:
Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations
xHost reserves the right to revise, amend, or modify this Acceptable Use Policy, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).