Terms of Service / Acceptable Usage Policy

XECES goal and priority is to provide the best service possible for an elite Internet experience. This Acceptable Usage Policy (“AUP” or “Policy”) is designed to keep the services provided by XECES and the Internet enjoyable and useful for all of our subscribers. Violation of this Policy may result in suspension or cancellation of XECES elite and useful services. XECES is committed to supports the free exchange of information and ideas over the Internet Globally. XECES does not actively monitor nor does XECES exercise editorial control over the content of any web site, electronic mail transmission, mailing list, news group or other material created or accessible over XECES servers. However, XECES reserves sole discretionary rights to remove any material deemed potentially illegal/harmful to XECES business operations or equipment. Use of XECES servers immediately constitutes acceptance and acknowledgement of this Acceptable Uses Policy.

Warranties/Disclaimers

XECES Internet service is provided on an “as is, as available” basis. No warranties, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to XECES or any information or software therein. You release XECES from and XECES shall have no liability or responsibility for any direct, indirect, incidental or consequential damages suffered by you in connection with your use of or inability to use XECES services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, miss-deliveries, or service interruptions, or due to inadvertent release or disclosure of information sent by you even if the same is caused by XECES own negligence. Without limiting the generality of the foregoing, XECES disclaims to the full extent permitted by applicable law any responsibility for (and under no circumstances shall be liable for) any conduct, content, goods and services available on or through the Internet or the XECES services. In no event shall XECES aggregate liability exceed the amount paid by the client to XECES for the services provided by XECES. Use of any information obtained via XECES is at the user’s own risk. XECES specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.

Restricted Content

Clients are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. Clients are expected to use his/her account for the purposes of maintaining a website only. Common sense is the best guide as to what is considered acceptable use.

XECES forbids and strictly don’t allow the websites with adult graphic content (softcore and/or hardcore), including, but not limited to, banner advertising, any adult website(s), child pornography, and distribution of adult website passwords. Client’s whose accounts are found in violation of this policy may, at the discretion of XECES, have their account(s) terminated without notice and are subject to a maximum clean-up/disconnect fee.

Client’s whose website promotes activities that violate federal, state, local, International laws and/or violation of International Law restrictions are also not welcome at XECES. This includes “warez” sites (freely distributing copyright programs), or sites promoting hacking and/or cracking programs. Client’s whose accounts are found in violation of this policy may, at the discretion of XECES, have their account(s) terminated without notice and are subject to a maximum clean-up/disconnection fee. Additionally, XECES may contact the Software Piracy Association (“SPA”) and release any information in connection with any illegal activities relating to software piracy on the Client’s account.

IRC Bots, or any other automaton programs written in C, Perl or IRC-script used specifically in conjunction with IRC are not allowed. These programs tie up system resources and are in no way related to maintaining a website. Clients are not allowed to have any programs, including but not limited to, Eggdrop, or any other IRC-related programs, within their account. Client agrees not to upload the tar file for any of these programs or to execute them within their account. The first violation of this policy will result in the IRC-related program to be removed from the Client’s account and XECES will notify the Client immediately of the violation. The second violation of this policy may, at the discretion of XECES, result in the Client’s account(s) being terminated without notice and a maximum clean-up/disconnect fee.

Simply put, we ask that you use your account for the purposes of hosting a non-adult oriented, legal website.

Etiquette and Policies (spam etc)

Spamming is the sending of unsolicited e-mail, regardless of size or volume, to persons the sender does not know or have prior consent to send the message to. Using fictitious e-mail addresses @XECES.net, or @XECES.pk or any domain name hosted with XECES is strictly forbidden. Spamming also includes sending unsolicited advertisements to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user. A violation of this policy extends to clients who send unsolicited e-mail from a domain name not affiliated or hosted with XECES but the mail message makes mention of a website hosted with XECES.

XECES allows clients to send mailings to subscribers of their own mailing list. Such mailings must have explicit instructions to the recipient on how to remove his/her name from the list, and all requests to do so must be honored immediately. Client agrees not to send mailings to lists provided by an outside agency or individual. Client further agrees not to provide mailing list services to others. Due to the nature of a shared-server environment, XECES requests that mailing lists be sent during non-peak hours, specifically between the hours of 1:00 am and 5:00 am, Central Time (U.S.A). XECES reserves the right to terminate a client’s mailing program, whether provided by XECES or not, immediately and without notification to client if said list causes a problem with the e-mail services of other clients. XECES also reserves the right to forbid a client from utilizing any mail-sending program that jeopardizes the mail services of other clients.

Due to the consumption of system resources and overloading of the e-mail server, XECES forbids the use of the “Gossamer Links” program by any client.

Trolling, the posting of outrageous messages to generate numerous responses, is also not allowed. Mailbombing, the sending of multiple messages without significant new content to the same user and/or 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 is strictly forbidden. XECES reserves the right to determine what constitutes abuse of this policy. Clients whose accounts are found in violation of this policy may, at the discretion of XECES, have their account(s) terminated without notice and are subject to a maximum $300 clean-up/disconnection fee.

The following should be noted:

  • The network resources of XECES may not be used to impersonate another person or misrepresent authorization to act on behalf of others or XECES. All messages via XECES should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or postings. Users may not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access to said networks. Clients may not use XECES’ Network’s server for mass e-mail or “spamming” purposes.
  • XECES may discontinue servicing any Plan, or may require fulfillment of terms or conditions XECES may choose to impose as a prerequisite for continuing to service any such Plan. Such discontinuation or requirement may not be unreasonable, however, and XECES agrees to provide Customer with reasonable notice by Email and fax of any such intent to discontinue or impose certain conditions.
  • XECES’ Network’s services may not be used for illegal purposes, or in support of illegal activities. XECES reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Activities which are prohibited as potentially illegal include, but are not limited to:
    1. Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books, or other copyrighted sources, and copyrighted software.
    2. Threatening bodily harm or property damage to individuals or groups.
    3. Making fraudulent offers of products, items, or services originating from your account.
    4. Attempting to access the accounts of others or attempting to penetrate beyond security measures of our or other systems (referred to as hacking) whether or not the intrusion results in corruption or loss of data.
    5. Harassing others by ‘mail-bombing’. ‘Mail-bombing’ constitutes sending more than ten (10) similar mail messages to the same e-mail address.
    6. Forging any message header, in part or whole, of any electronic transmission, originating or passing through XECES services.
    7. Distributing viruses to or from XECES systems.

Limited Liability

  • Client expressly agrees that use of XECES servers/services is at Client’s sole risk. Neither XECES, its employees, agents, resellers, third party information providers, merchants licensers or the like, warrant that XECES services will not be interrupted or be error free; nor do they make any warranty as to the results that might be obtained from the use of the services or as to the accuracy, or reliability of any information service or merchandise contained in or provided by or through the XECES, unless otherwise expressly stated in this agreement. Our 99.5% uptime guaranty only covers the amount that was paid for the services.
  • Under no circumstances, including negligence, shall XECES, its offices, agents or any one else involved in creating, or distributing XECES services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the XECES services, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to force majeur, communication failure, theft, destruction or unauthorized access of XECES records, programs or services. The Client hereby acknowledges that this paragraph shall apply to all content on hosted on XECES servers.

Trademarks & Copyrights

Client warrants that it has the right to use the applicable trademarks, if any, and grants XECES the right to use such trademarks in connection with XECES service.

Client agrees not to modify any copyright notices in features (Perl programs, etc.) provided by XECES Modification of scripts provided by XECES without written permission is strictly prohibited.

XECES Right to Change Service

XECES reserves to right to change without notice the services it offers, including, but not limited to, hours of operation, menu structures, commands, documentation and vendors.

XECES Right to Modify its Policies

XECES may at any time, revise the Acceptable Usage Policy and/or Privacy Policy and/or Billing Policy with/without advanced notice given to clients. Renewal of an account with XECES constitutes acceptance of all modifications to the Acceptable Usage, Privacy and Billing Policies and to the contract for the account. The contract is automatically renewed 7 days before the date of expiry unless otherwise instructed by the client at the time of placing the order or via a notice at least 7 days prior to the account due date. An account is billed from the date the order is placed up to the date of expiry of the contract. The contract length is determined by the client at the time of placing the order.

Indemnification

Client agrees that it shall defend, indemnify, save and hold XECES harmless from any demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against XECES, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless XECES against Liabilities arising out of:

  • Any injury to person or property caused by any products sold or otherwise distributed in connection with XECES services.
  • Any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party.
  • Copyright infringement and Any defective product which Client sold using XECES servers/services .

Excessive CPU/Memory Usage

Client agrees to take all responsibility for all programs including CGI scripts executed under their account. Programs that consume an excessive amount of CPU run time or Random Access Memory (RAM) are not permitted. Client agrees and understands that such excessive use can have an adverse effect on the performance of the webserver. Client agrees to accept responsibility for programs executed under his/her account, regardless of who authored the program. The use of cgi or php chat scripts or pages is strictly prohibited. XECES provides an acceptable chat programs for clients with its Unix based hosting plans/accounts at no charge. XECES reserves the right to suspend, without notice, all such accounts that are found in violation. XECES has sole discretion over what constitutes excessive usage.

Programs provided by XECES as an installable feature are not exempt from this policy.

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