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Legal
Information - Acceptable Use
Policy: Acceptable
Use Policy This "Acceptable Use Policy" or "AUP"
of X9 Internet applies to all divisions,
subsidiaries, affiliates and identities
used by X9 Internet and references
hereinafter to X9. This AUP is designed to
provide a clear understanding of the
rules, regulations, and restrictions on
the use of the Services, Servers, and IP
Addresses of X9. We may, from time to time
at the sole discretion of X9, impose
rules, regulations, or restrictions not
expressly stated in this AUP on the use of
the Services, Servers, and IP Addresses.
We may further, from time to time at the
sole discretion of X9, modify this AUP and
such modification shall become immediately
effective upon posting of the modified AUP
to our website or by notification to you
of the modified AUP. This AUP is not
exhaustive. X9 provides Internet World Wide Web
page hosting, Marketing, and Development.
X9 has certain legal and ethical
responsibilities consisting with the use
of its server and equipment involved in
these services. X9 general policy is to act as a
provider of Internet presence. X9 reserves
the right to suspend or cancel a
customer's access to any or all services
provided by X9 when we decide that the
account has been inappropriately used. Overview We do not allow the following: Any
account(s) found breaking our policies
will be removed and canceled without
notice. Account Setup & Email on
file We will setup your account after we
have received payment and we and/or our
payment partner(s) have screened the
order(s) in case of fraud. It is YOUR
responsibility to provide us with an email
address which is not @ the domain(s) you
are signing up under. If there is ever an
abuse issue or we need to contact you. The
primary email address on file will be used
to do so. It is YOUR responsibility to
ensure the email address on file is
current or up to date at all times. Server Abuse Any attempt to undermine or cause harm
to a server, or customer of X9, is
strictly prohibited. Unauthorized use of other people's
accounts or computers. X9 will strongly
react to 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 X9 customer, whether or not
the attacked account or computer belongs
to X9, 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. IMPORTANT NOTE - X9 has the right to
discontinue service, or deny access to
anyone who violates our Policies or the
terms and conditions shown below WITHOUT
WARNING OR PRIOR NOTICE. No refunds of
fees paid will be made if account
termination is due to violation of the
terms outlined below. Shared server accounts are limited in
use of the amount of server resources.
Shared server resource abuse includes any
process or service usage that affects
normal shared server operation, resources
or connectivity, and which causes a server
to become overloaded. Shared server
resources include CPU and memory usage,
number of concurrent processes, number of
concurrent port or database connections
and total bandwidth. Possible causes of
server resource abuse include, but are not
limited to, the improper use of: CGI,
Perl, Sendmail, mySQL, PHP, COLDFUSION,
HTTP, SMTP, POP3 and FTP. Customers may not run IRC, bots or
clients on shared servers. Unacceptable
uses also include, but are NOT limited to:
Bulk emailing, unsolicited emailings,
newsgroup spamming, illegal content,
copyright infringement, trademark
infringement, warez, cracks, software
serial numbers, and/or anything else
determined by X9 to be unacceptable use of
X9 's services including abuse of server
resources. To maintain the quality of our
bandwidth and servers, we do not tolerate
violations and attempted violations of
system and network. We do not allow mini
download sites, warez sites, or proxy
sites. Any accounts that have more than
50,000 inodes are deemed to be a potential
harm to the servers, and will be deleted
without notice. Shared hosting accounts may be
terminated that include the following
content or which have links to the
following content: Providing material that
is grossly offensive to the Web community
including blatant expressions of bigotry,
racism, hatred, or profanity. Promoting or
providing instructional information about
illegal activities, or promoting physical
harm or injury against any group or
individual. Displaying material containing
obscene nudity or pornographic material.
Displaying material that exploits children
under 18 years of age. Acts of copyright
infringement including offering pirated
computer programs or links to such
programs, information used to circumvent
manufacturer-installed copy-protect
devices, including serial or registration
numbers for software programs, or any type
of cracker utilities. Abuse of Unlimited Features When we say unlimited domains,
unlimited disk space and unmetered
bandwidth, of course there are terms &
conditions that you must adhere to. This
means unlimited webpages, domains and web
graphics, not downloads or streaming
media. Our servers are shared hosting
servers and memory and CPU usage is not
unlimited. CPU intensive files are not
permitted on our servers and accounts may
not to be used to host a collection of
mp3s, audios, videos, anime, .rar files,
Warez, gamers sites, shout cast and
similar, or to backup your computer or
another source. They may not be used for
general storage of any type. They may not
be used as download mirrors or
download/upload portals. While the sale of
eBooks and other legal small download
files are permitted within reason with the
unlimited package, hosting and storage of
mass quantities where our servers are used
as a distribution point is not
permitted. X9 offers an account where customers
are privileged to use unlimited traffic
and disk space for their web sites. The
intention of X9 is to provide a large
space to serve web documents, not an off
site storage area for electronic files.
All (90%) of your web pages (html) must be
'linked' with files (.GIF, .JPEG, etc.)
stored on X9 servers. 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 X9
management. Any customer who violates X9
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 period,
the client will be billed for the
overages. For those that do not qualify for the
unlimited service, traffic will go
unmonitored until you reach the amount of
quota allocated to your specific web
hosting plan. Thereafter, normal data
transfer cost of £2.50/1GB/month will
be billed to your account. If you want to
pre-pay for bandwidth overages, you will
be billed £2.50/3GB/month. You will have 3 days to pay for your
overages. If you do not pay for your
overages your site will be disabled within
3 days of your first notice. X9 will be the sole arbiter as to what
constitutes a violation of this
provision. Unsolicited Email (Spam) Unsolicited commercial advertisements
(spam) are not allowed in e-mail, and will
likely result in account cancellation. X9 takes a zero-tolerance approach to
spam originating from our servers or for
spam advertising of domains hosted on our
servers. The following activities are not
allowed: Unsolicited bulk or commercial
messages ("spam"). This includes, but is
not limited to, bulk mailing of commercial
advertising, informational announcements,
charity requests, petitions for
signatures, and political or religious
tracts. Such messages may only be sent to
those who have explicitly requested it
from your domain. Forging, altering or
removing electronic mail headers is
prohibited. Any domain sending stealth
spam will be terminated without warning
and without refund. Sending numerous
copies of the same or substantially
similar message with the intent to disrupt
a server or account ("mail bombing").
Spamming Newsgroups: Commercial
advertisements are unwelcome in most
Usenet discussion groups and on most
e-mail mailing lists. Inappropriate
posting may result in account
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. Mail may not be
used to harass or intimidate others.
Harassment, whether through language,
frequency of messages, or size of
messages, is prohibited. Sending a single
unwelcome message may be considered
harassment. If a recipient asks to stop
receiving e-mail, you must not send that
person any further messages. Note: If you use the services of
another provider to promote a web site
hosted by or through X9 (spamvertising),
then the provisions of the above Policy
shall apply as if the spam were sent
through our servers. Undesirable Content Certain types of content are not
permitted on our network. We do not host
pornographic content of any description.
We reserve the right to determine what
constitutes pornographic content and what
does not. CGI Scripts Each shared web hosting account comes
with its own cgi-bin. You are free to use
any CGI scripts you wish, however we
reserve the right to disable any CGI
script that effects normal shared server
operation without prior warning. Chat Rooms We do not allow clients to install
their own chat rooms within a shared
hosting account, without approving it with
the X9's Support Team. Most chat rooms
tend to be large system hogs and we cannot
allow it as an account option. Note:
Parachat chat rooms do not apply to this
rule. They are perfectly fine to
install. Abuse of SMTP Mail Server We do not allow clients to send more
than 2000 pieces of e-mail per day from a
shared hosting account. If you do send
more than 2000 pieces of e-mail per day,
your account will be placed on hold for
Network Abuse. If you are sending
legitimate e-mails and they total more
than 2000 per day your account will be
moved to a special server that is
specifically designed to handle high
volumes of e-mail. You will be charged
£45.00/month in addition to your
regular hosting charges if your account is
moved to this server. Please contact
support to have your domain moved. Background Running Programs We do not allow programs to run
continually in the background, or
permanent FTP connections. IRC We currently do not allow IRC or IRC
bots to be operated on our servers. IRC
servers are not permitted on our
network Payment Policies All accounts are set up on a pre-pay
basis. All pricing is guaranteed for the
term of pre-payment. X9 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 X9 to request for termination of
services. All payment is in Sterling
currency. All X9 accounts are setup on
anniversary billing cycles. Your
particular billing cycle corresponds to
the contract length that was initially
chosen at setup. Your account will
automatically renew at this length. There
is no fee to change to a shorter billing
cycle at the end of the current cycle. Cancellation X9 reserves the right to cancel service
at any time. All fees paid in advance of
cancellation will be pro-rated and paid by
X9 if X9 institutes its 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 X9 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, domain registration
fees, add-on/upgrade fees and overages.
For all web hosting clients who cancel,
the full contract amount less any overages
will be refunded if X9 is notified within
the first 30 days following activation. No
refund is available after the 30th day.
This policy does not apply to any
additional services such as overages,
referrer logs, additional disk space,
additional pop accounts, domain
registration fees etc. Due to security
concerns, all account cancellations must
be done via your password-protected
account, or contact form. Email requests
will not constitute acceptance of any
cancellation. Refunds will be made by
company check or issued back to your
credit card or paypal within 30 days of
receipt of cancellation. Cancellation requests after the first
30 days of service must be received at
least five (5) days prior to your renewal
date. Account Setup & Email on
file We will setup your account after we
have received payment and we and/or our
payment partner(s) have screened the
order(s) incase of fraud. It is YOUR
responsibility to provide us with an email
address which is not @ the domain(s) you
are signing up under. (gmail, hotmail,
yahoo would be a good email choice) If
there is ever an abuse issue or we need to
contact you. The primary email address on
file will be used to do so. It is YOUR
responsibility to ensure the email address
on file is current or up to date at all
times., and to check your spam/bulk
folder, as we have no control over
this. Intellectual Property Rights Material accessible to you through X9
services may be subject to protection by
international copyright laws, or laws
protecting trademarks, trade secrets or
proprietary information. Except when
expressly permitted by the owner of such
rights, you must not use X9 or its servers
and network in a manner that would
infringe, violate, dilute or
misappropriate any such rights, with
respect to any material, which you access
or receive through the X9 network. If you
use a domain name in connection with X9 or
similar service, you must not use that
domain name in violation of any trademark,
service mark, or similar rights of any
third party Network Security Customers may not use the X9 network
with an attempt to circumvent user
authentication or security of any host,
network, or account. This includes, but is
not limited to, accessing data not
intended for the customer, logging into a
server or account the customer is not
expressly authorized to access, password
cracking, probing the security of other
networks in search of weakness, or
violation of any other organization's
security policy. Customers may not attempt
to interfere or deny service to any user,
host, or network. This includes, but is
not limited to, flooding, mail bombing, or
other deliberate attempts to overload or
crash a host or network. X9 will cooperate
fully with investigations of violations of
systems or network security at other
sites, including cooperating with law
enforcement authorities in the
investigation of suspected criminal
violations. Users who violate system or
network security may incur criminal or
civil liability. Static / Dynamic Content
Caching You expressly (i) grant to X9 a license
to cache the entirety of your Web Site,
including content supplied by third
parties, hosted by X9 under this Agreement
and (ii) agree that such caching is not an
infringement of any of your intellectual
property rights or any third party's
intellectual property rights. IP Address Ownership X9 shall maintain and control ownership
of all IP numbers and addresses that may
be assigned to you by X9 and X9 reserves,
in its sole discretion, the right to
change or remove any and all such IP
numbers and addresses. Domain Name Registration Customer agrees to pay X9 prior to the
effectiveness of the desired domain name
registration, the then-current amounts set
forth in the X9 price schedule for the
initial registration of the domain name
and, should Customer choose to renew the
registration, subsequent renewals of the
registration. All fees are non-refundable,
in whole or in part, even if Customer's
domain name registration is suspended,
cancelled or transferred prior to the end
of Customer's then current registration
term. X9 reserves the right to change
fees, surcharges, renewal fees or to
institute new fees at any time, for any
reason, at its sole discretion. Customer's
requested domain name will not be
registered unless and until we receive
actual payment of the registration fee,
and have confirmed Customer's registration
in an email from X9 to the email address
indicated in Customer's registration
application. In the event of a chargeback
by a credit card company (or similar
action! by another payment provider
allowed by X9) in connection with the
payments of the registration fee for
Customer's domain name registration,
Customer agrees and acknowledges that the
domain name registration shall be
transferred to X9 as the paying entity for
that registration to the registry and that
we reserve all rights regarding such
domain name including, without limitation,
the right to make the domain name
available to other parties for purchase.
X9 will reinstate Customer's domain name
registration solely at X9 's discretion,
and subject to our receipt of the initial
registration or renewal fee and our
then-current reinstatement fee. Lawful Purpose X9 reserves the right to refuse service
to anyone. Customers may only use X9
server for lawful purpose. Transmission of
any material in violation of any law 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. The designation of any materials
as such described above is left entirely
to the discretion of X9 management.
Regardless of the place of signing this
agreement, the client agrees that for
purposes of venue this contract was
entered into in Haywards Heath, West
Sussex, United Kingdom and any dispute
will be litigated or arbitrated in
Haywards Heath, West Sussex. Defendants
further waive all objections to venue and
acknowledge that venue in any such
litigation will be held in Haywards Heath
courts. IN NO EVENT SHALL X9 'S MAXIMUM
LIABILITY EXCEED ONE HUNDRED
(£100.00) POUNDS STERLING. Indemnification CUSTOMER AGREES THAT IT SHALL DEFEND,
INDEMNIFY, SAVE AND HOLD X9 HARMLESS FROM
ANY AND ALL DEMANDS, LIABILITIES, LOSSES,
COSTS AND CLAIMS, INCLUDING REASONABLE
ATTORNEY'S FEES ASSERTED AGAINST X9, 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 HARMLESS X9 AGAINST
LIABILITIES ARISING OUT OF; (1) ANY INJURY
TO PERSON OR PROPERTY CAUSED BY ANY
PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN
CONNECTION WITH X9 SERVER; (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 X9
SERVER Disclaimer X9 WILL NOT BE RESPONSIBLE FOR ANY
DAMAGES YOUR BUSINESS MAY SUFFER. X9 MAKES
NO WARRANTIES OF ANY KIND, EXPRESSED OR
IMPLIED FOR SERVICES WE PROVIDE. X9
DISCLAIMS ANY WARRANTY OR MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. THIS
INCLUDES LOSS OF DATA RESULTING FROM
DELAYS, NON-DELIVERIES, WRONG DELIVERY,
AND ANY AND ALL SERVICE INTERRUPTIONS
CAUSED BY X9 AND ITS EMPLOYEES. X9
RESERVES THE RIGHT TO REVISE ITS POLICIES
AT ANY TIME. ALL SUB-NETWORKS AND
RESELLERS OF X9 MUST ADHERE TO THE ABOVE
POLICIES. FAILURE TO FOLLOW ANY TERM OR
CONDITION WILL BE GROUNDS FOR IMMEDIATE
ACCOUNT DEACTIVATION. Data Back-Up Although regular remote back-ups will
be performed (some servers have local
backups), We will not be held responsible
for any loss of data. It is up to you to
ensure you maintain a local copy of your
web data for your own back-up
purposes. Forum Posts & Reviews We have a zero tolerance policy for
posting negative feedback on any public
forum or review site about our company
and/or our employees before submitting a
ticket to our 'Feedback' department to
discuss your issue. Violators will result
in immediate account termination without
any refund. Although it is your right to
post feedback without discussing your
issue with us first, it is unfair and
unprofessional not to, which is not the
type of client we want to deal with. We
have the utmost respect for all of our
clients, and are more than fair with all
of our clients. We will do anything and
everything possible to keep all of our
clients satisfied. But in the unlikely
event you are not satisfied, all that we
ask is to discuss your issue with our
Feedback department first. So if you are
the type of person to run to the forums or
review site at the first chance you get to
complain, please do not sign up with
us. Privacy Statement X9 follows the strict guidelines of our
customer privacy statement. Please make
sure you understand this statement
fully. Prosecution and Fines X9 cooperates fully with law
enforcement agencies in the investigation
and prosecution of criminal activity and
has zero tolerance for violations of this
AUP. We reserve the right to levy charges
of £100 to £1000 Sterling per
incident for any violation of this
AUP. Modification X9 reserves the right to add, delete,
or modify any provision of its Terms of
Use / AUP at any time without notice. |
Acceptable Use Policy (AUP)
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© 1998/2008 X9 Internet. Serial 134 12 - All
rights reserved. 