XOOMSERVERS.NET Acceptable Use Policy
An Acceptable Use Policy (AUP) is a set ofrulesand conditions compiledby a network, system or a website owner. These rules explicitlydefine and restrict the ways in which the respective network, systemor website may be used.
The AUP of XOOMSERVERS.NET aims to clearly outlinethepurposes for which our customers CANNOT utilize our hosting servicesand position data on our network servers.
This Acceptable Use Policy (AUP) is an integral part of the WebHosting Terms of Service which each customeragrees toabide by when signing up for an account with our web hosting company.Any violation of this AUP will bedeemed aviolation of our Web Hosting Terms of Service.
We, at our own discretion, shall determine whether an act constitutesa breach of this AUP terms and misuse of our services. We reserve ourright to be the sole arbiter in determining the sufficiency of thepresented evidences. We will respond accordingly, and/or immediatelyterminate the provision of the services, shall we receive report,and/or have sufficient proof, of any prohibited conduct outlined inthis AUP, or any other activity threatening the security of ourhosting environment and/or our network of hosting servers.
In order to protect our company’s reputation and responsibilities,and guarantee state-of-the-art and reliable hosting services to allour customers, as well as privacy and security for all users, we –XOOMSERVERS.NET - hereby outline the following AUPrules andconditions to come into force for each customer signing up for a webhosting account with our company:
1. SYSTEM ABUSE
Anycustomer in violation of our system or network security is subject tocriminal and civil liability, as well as immediate accounttermination. Examples include, but are not limited to the following:
Unauthorized access, use, probe, or scan of oursystem’s security,authentication measures, data or traffic. Interference with theservice to any user, host or network including, but not limited to:e-mail bombing, flooding, deliberate attempts to overload the systemand broadcast attacks, forging of any TCP/IP packet header or anypart of the header information in an e-mail or newsgroup posting.
Anyattempt atdoing harm to a server or a customer of our web hosting services:
XOOMSERVERS.NET will immediately andresolutely react to any attempt at misuse of anInternet account or computer, or any attempt to gain access to aninternet account or computer by a XOOMSERVERS.NET customerunauthorized by the account/computer owner. Such attempts include,but are not limited to the following: 'Internet scamming’(tricking other people into releasing their passwords, etc.),password robbery, security hole scanning, running proxy - proxy listsand any kind of proxy scripts (including, but not limited to phpproxy and nph proxy), introducing of any computer programs (viruses,Trojan horses, trap doors, back doors, worms, time bombs, packetbombs, cancelbots,etc.) that areintended to negatively interfere with, intercept, irreversibly damageor take hold of any system, data or personal information. It WILL NOTmatter whether the attacked account or computer belongs or not toXOOMSERVERS.NET services. The fraud will be subject to actions basedon the very nature of the attack and those may represent a warning,an account suspension or cancellation, and/or civil or criminal legalactions.
Backgroundoperations/programs on servers:
‘Background process’ is a program that runs in the background ofthe operating system. What is specific for a background process isthat, once started, it runs simultaneously with other foregroundprocesses. This means that, the shell executing the backgroundoperation does not wait for it to finish or terminate, as it doeswith foreground processes, but is free to start executing moreoperations along with the background one. Typical backgroundprocesses are ircd, irc bot, bnc, and many others.
Background processes are not permitted on any of our shared hostingservers, as they usually lead to CPU overload and can be used formalicious and/or illegal actions. As our primary task is to providehighest quality web hosting service to all our customers, we cannotpermit any background processes to be executed and threaten theperformance of our server network. Our shared hosting system does notallow a big multitude of users to simultaneously use the systemmemory and processing time of our servers.
Excessive use of system resources:
Inorder to ensure higher server performance and quality of hostingservice all shared hosting plans are subject to certain resourcelimitations concerning, but not limited to, server CPU usage, Memoryusage, disk-space and traffic. If a hosting account exceeds theallowed amount of system resources the account owner will beimmediately notified to take actions in order to reduce the usage. Ifsuch action is not instantly taken by the owner the account will besuspended. If an excessive CPU usage is detected the account ownerwill be suggested to place an order for a CPU usage upgrade orupgrade to a plan which allows higher CPU usage.
Ifany hosting account is found to be causing degradation of the serverand/or our hosting network’s performance, regardless of the reason,the account will be subject to suspension or immediate removal,depending on the situation. XOOMSERVERS.NET will be the sole arbiterin determining whether a given account is excessively using theserver resources and/or causing a server degradation.
2. SPAMAND SPAMVERTIZING
SPAMMING IS PROHIBITED. Users MAY NOTutilizeour web hosting servicesto transmit,distribute or deliver any unsolicited bulk or commercial messagesover the Internet (an action known as "spam" or"spamming").
Spamming is a violationof ethic norms and willbe interpreted asan infringement. XOOMSERVERS.NETwillnot tolerate the sending of unsolicited bulk or commercial messagesthrough our services, as well as through another service that ismentioning, in some way, our customer’s domain name or implies theutilization of our network or our e-mail services for sending theunsolicited bulk or messages.
SPAMVERTISING IS PROHIBITED. 'Spamvertizing’ refers to thepractice of sending unsolicited spam messages for the purpose ofadvertising a particular website.
Ifsuch e-mails are relayed through 3rd party(e-mailspoofing) and/or are promoting a domain hosted on our servers, thiswill lead to immediate account suspension unless an evidence oflegitimacy for non-involvement of the domain owner in the particularillegal action is provided.
’E-mailspoofing’is a fraudulent e-mail activity in which the sender’s (3td party)e-mail address and other parts of the e-mail header are changed so asto appear that the e-mail has been sent from a different source(e-mail address owner/server).
Sending of unsolicitedmessages in bulk, or sending of unsolicitede-mails, which provokecomplaints fromrecipients;
Sending of junk mail;
Use of distribution lists that include peoplewho have not givenprior explicit permissionto be involvedin such a distribution process;
Posting commercial ads to USENET newsgroupsthat do not permit it;
Posting articles containing binary encoded datato non-binarynewsgroups;
Excessive and repeated posting of off-topicmessages to newsgroups;
Excessive and repeated cross-posting;
E-mail harassment ofanother Internet Customer or Customers,including but not limited to, transmitting of any threatening,libellous or obscene material, or material of any nature that may bedeemed offensive;
E-mailing ofage-inappropriate communications or content to anyoneunder the age of 18.
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3.INAPPROPRIATEOR UNLAWFUL CONTENT
CONTENTpublished or transmitted via XOOMSERVERS.NET’s hosting servicesincludes website content, email content, forum/blog postings, chatcontent, and/or any other type of content hosted on our servers,published online or transmitted through our network’s services.
Theuser of our services is NOT permitted to post online content or havelinks to content that:
isdefamatory, abusive or obscene, violates a person’sreputation/privacy, is reasonably deemed offensive by the webcommunity, is anti-religious or anti-human rights, or contains anytype of threatening or hate speech, encourages harassment orphysical harm to any group or individual, or is otherwisemalicious/fraudulent and may result in complaints/liabilities/orretaliation against XOOMSERVERS.NET by offended viewers;
promotesorencourages illegal activities (e.g. illegal drugs, illegal gambling,arms trafficking, etc.) or violates any applicable law, statute,ordinance or regulation, including but not limited to the laws andregulations governing export control, unfair competition, falseadvertising, consumer protection, etc.
representspornography – any type of pornographic/adult material, includingchild pornography, or advertisements of pornographic websites;
representsinfringement on copyright, patents, trademarks, trade secrets, orthird party's intellectual property or proprietary rights, includingpirated computer programs, hacking/phreaking software, warez or anytype of software/content (including also ROMs, ROM Emulators, mediafiles – MP3, AVI, .RM, etc., torrent files, and others) that iscopyrighted, is NOT uploaded in compliance with its licenseagreement or is NOT freely available for distribution.
Copyrighted material must not be placed on customers' accountswithout the explicit permission of the copyright owner or a personexplicitly authorized to give such permission by the copyright owner.Upon receipt of a claim for copyright infringement, or a notice ofsuch violation, we will immediately run full investigation and, uponconfirmation, will promptly remove the infringing material from theServices. Further procedures (in accordance with our stated belowcorrective measures) will be carried out if necessary. We will assumeno liability to any Customer of the Services for the removal of anysuch material.
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We reserve our right to be the sole arbiter in determiningthe seriousness of each infringement and to immediately takecorrective actions.
We willdisable the customer's account if we deem necessary, at our sole discretion. Upon closing of the customer’saccount we will send an e-mail notification to the customer, statingthe reason for the termination and quoting our terms’ chapter thathas been violated. The customer will be given an opportunity torespond and take measures to remedy the situation should he/sheconsider him/herself abused by a third party. Upon fulfilling of thisobligation, we may re-activate the customer’s account, if we find,at our own discretion, sufficient evidence pro customer’s side.
Closedaccounts due to repeated violations will not be re-activated. Abackup may be requested, however it will be subject to certainpenalty fees imposed according to the breach of this AUP terms. Thefinal penalty fee will be determined by the type and frequency of theviolations.
Ifyou need to report a violation of this AUP agreement or believe thatyou or your system has been subject to attack originating from ourweb hosting system, please contact us immediately. Our professionalteam will investigate the situation and provide you with fullassistance.
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Wereserve our right to change this AUP at any time, without priornotice. We encourage our users to periodically review this AcceptableUse Policy and our Web Hosting Terms of Service.
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