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This document is an Agreement between XtremeWebHosts.com and all
persons using XtremeWebHosts's Web Hosting Services and/or Domain Name
Registration Services.
Use of any XtremeWebHosts.com Service constitutes your acceptance of these terms.
XtremeWebHosts.com may from time to time modify this Agreement and
will keep this page current. Notice of any significant departure from
prior Agreements will be emailed to our Subscribers. Acceptable Use Policies:
1. Bulk Email:
XtremeWebHosts.com has Zero Tolerance for Spam.
Spam is Unsolicited Bulk Email (UBE) or Unsolicited Commercial Email
(UCE). "Unsolicited" means the email recipient did not request the
email, but instead the sender initially contacted the receiver.
"Unsolicited" means the email sender made the first move. Email, even
bulk email, is not spam if the sender can demonstrate a prior
relationship with the recipient, for example: if the receiver requested
information, is a current or previous client, or joined an 'opt-in'
mailing list or newsletter.
Websites on XtremeWebHosts.com servers may not broadcast
unsolicited email, advertisements, site promotions, pleas for financial
assistance, chain letters, or any other sort of announcement for
yourself or for someone else. Nor may anyone fabricate or forge email
headers that implicate XtremeWebHosts.com in any email campaign.
2. Illegal Trafficking: Websites on XtremeWebHosts.com
Servers may not use our service in the commission of any crime. Any
scheme or activity that violates state, local, federal or international
law is forbidden and XtremeWebHosts.com reserves the right to terminate
an account found to be in violation of a law, statute, or regulation.
Accounts promoting, pointing to, or re-directing traffic to an illegal
Website are culpable and will be terminated.
Please note that Spam is now an illegal enterprise in several states.
Software piracy, hacking, cracking, phishing, and phreaking are all
illegal activities. Websites that promote or support those activities,
as well as Websites that engage in the upload, download, or
distribution of harmful or exploitative software are not welcome.
Website Accounts that attempt to run a robotic crawler, spider, or 'bot
that harvests email addresses, collects private information, or usurps
copyrighted material will be terminated.
3. E-commerce: XtremeWebHosts.com applauds E-commerce and
free trade. We welcome entrepreneurs and small business, but your trade
must be conducted legally.
If you choose to sell and/or distribute a product from our Webserver,
you must have any and all required local, state, and federal licenses
and permits in place before you engage in business. You must observe
all import/export laws, tariffs, and duties covering the sale and
distribution of your chosen product(s). Note: While the United States
and Great Britain impose no duties on exports, they do ban the
exportation of advanced or innovative technology.
Most countries around the world regulate the exportation of their
antiquities and items of historical importance or cultural
significance. Likewise, most of the world's sovereign nations ban or
limit importation of certain restricted items. This may include items
considered innocent in a Western democracy, like music, manuscripts, or
even T-shirts and jeans. Within the United States certain items are
regulated across state boundaries. It is crucial that you educate
yourself and be aware of all the laws which govern your particular
trade.
4. Adult Content:
You may NOT
publish adult-only content, including but not limited to pornographic
pictures or movies. Visually depicting the sexual exploitation of
children (under 18) is illegal everywhere.
5. Violation of Good Taste Blatant expressions of bigotry
and hatred, and material that defames, abuses, harasses, or threatens
any person or group may be illegal. If not illegal, it is still
repugnant and socially unacceptable. XtremeWebHosts.com reserves the
right to be the final judge as to what is or is not acceptable content
on our Servers.
6. Violation of Copyright Laws You may neither upload nor
offer for download any material that violates or infringes on the
copyright, trademark, patent, trade secret or other intellectual
property rights of any individual or organization. This includes, but
is not limited to, audio and video files, images, graphics, fonts,
computer code, and text. You may acquire or distribute such materials
if you first obtain the permission from the copyright or trademark
owner. Be prepared to produce proof if asked for it.
7. System Abuse Any misuse of XtremeWebHosts.com Servers
that disrupts the normal system activity is strictly prohibited. You
will be hosted in a shared environment which means other users have
needs also. System abuse will lead to termination of your account.
Examples of system abuse include but are not limited to process
spawning and runaway processes that consume more than your fair share
of system resources. Programs that hog RAM or require excessive disk
swaps, or greedy code that steals CPU cycles, would be called bad
programming and system misuse.
8. Command Line Access For security reasons, we do not allow
shell access. Attempts to penetrate server security will result in the
termination of your account without notice.
9. Binary Files Your account may not be used solely as a
storage or backup facility. All binary files in your directory must be
linked from publicly accessible HTML pages also found in your
directory. We prevent the theft of your bandwidth and the misuse of
your Website for download-only storage by limiting the linking ability
from other servers to HTML files only.
10. Culpable Parties Just as there is one responsible party
for a Domain Name Account, a Website Account has but one responsible
party. You alone, our Customer and Subscriber, are responsible for the
contents of your Website. Although a Webspace may reflect content and
colateral contributions from other persons, each Subscriber is
ultimately bound by the Terms of this Agreement. You will be
responsible for adherence to this Agreement.
We reserve the right to terminate any account without warning or notice
if any restriction in this Agreement is violated. If any law is
violated, repercussions both civil and criminal will be born solely by
you as the account holder and Webmaster of your domain. We will not
refund payments made to us on accounts that have been terminated due to
violations of this agreement.
11. False Identity Impersonating another user or in any way
falsifying one's online identity in e-mail or other Internet Service(s)
is illegal. Your Website impersonating another Website in order to dupe
visitors and/or gather private information is also illegal. Falsifying
internet headers with malicious intent is illegal.
12. Service Interruptions XtremeWebHosts.com may
periodically interrupt hosting service briefly for routine or necessary
maintenance. Otherwise we are committed to providing uninterrupted
Internet service.
XtremeWebHosts.com may intentionally interrupt your hosting service by
suspending or cancelling it if your Subscription payments fall behind
by ten (10) or more days. Contact us and we will work with you to (a)
restore service, (b) rescue data left in our system, or (c) otherwise
resolve your accounting problem.
13. Limitation of Liability XtremeWebHosts.com and its third
party suppliers make no representations concerning the suitability,
reliability, or accuracy of the Content or the Service provided for any
purpose. We and our third party suppliers disclaim all warranties,
expressed or implied, in connection with the Content and the Service
provided, including conditions of merchantability, fitness for a
particular purpose, title and non-infringement. In no case will we or
our third party providers be liable for any direct, indirect, punitive,
special or other damages including, without limitation, loss or delay
of use, lost profits, loss of data, or any other damage in contract,
tort, equity, or any other legal theory, even if advised of the
possibility thereof.
XtremeWebHosts.com provides opportunities to users of our Web Service
to use or buy services from third parties. Sites of those third parties
may be subject to terms and conditions different from those found here.
XtremeWebHosts.com makes no warranty concerning third party provided
goods or services and you agree that any recourse for dissatisfaction
or problems with those goods or services will be sought from the third
party provider and not from XtremeWebHosts.com.
Because some states/jurisdictions do not allow the exclusion or
limitation of liability for consequential or incidental damages, this
limitation may not apply in part to you. IF
YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SERVICE, OR WITH ANY
OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THIS WEB SERVICE. You may view a copy of our
Acceptable Use Policy, Copyright Agreement, Privacy Statement, and How
to Report Violations of these policies at Terms of Service
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