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The Acceptable Use Policy ("Policy") explains the proper conduct and prohibited uses of XIMinc's Services (collectively
called Plan(s)). It is essential in providing quality service, and protecting all our customers' privileges. By registering
for the Plan(s), and accepting the Terms and Conditions, you also acknowledge, and accept that you are also bound by this
Policy, and agree to abide by these Policy for as long as you are bound by the Terms and Conditions agreement.
1.. Modification.
XIMinc reserves the right to update this Policy at any time, and it will be immediately effective upon posting to our website,
www.ximinc.com. It is your responsibility as a client to stay current
with updates made to this Policy.
2.. Violations.
Violation of this Policy is strictly Prohibited. Any violation will result in immediate suspension, termination and/or
compensations awarded to XIMinc for damages caused by these violations as detailed in this Policy. You shall remain solely
liable and responsible for your use of the Plan(s) and any all content that you display, upload, download, or transmit
through the use of the Plan(s). XIMinc will be the sole arbiter as to what constitutes a violation of this policy.
3.. Illegal Use.
You may use XIMinc's Plan(s) for lawful purposes only. Transmission, distribution, sale, or storage of any material that
violates any law, regulation or this Policy is strictly prohibited. This includes, without limitation: copyrighted material;
trademarks; patent; trade secrets, material that obscene, defamatory, constitutes an illegal threat or violates export
control laws. Examples of unacceptable content or links include: adult content, pirated software, hacker programs or
archives, Warez sites, MP3s, and IRC bots. XIMinc reserves the right to restrict, prohibit, or remove any content that
we determines in its sole discretion to be harmful to the server, networks, equipment, reputation, customer or any
other third party.
4.. E-mail.
Spamming, the sending of unsolicited mass email from, through, or towards XIMinc's server is strictly prohibited. Spamming
includes, without limitation: (1) any form of advertising such as commercial advertising; (2) informational announcements to
people who do not request them; (3) harassing e-mails, whether through language, frequency, amount, or size; (4) chain
letters; (5) malicious e-mail such as "mail bombing"; (6) e-mail containing forged or false information, including the
mail-sender and routing information, and subject header. You will also violate this policy if you use the services of other
ISP or IPP to spam, but channeling these activities to your Plan(s) on XIMinc's server. XIMinc will be the sole arbiter as to
what constitutes a violation of this provision. Any violation of this provision will result in immediate termination of your
account, plus accessed a minimum fine of $200.
5.. Usage.
We only allow minimal amounts of software downloads on our servers of any type. No illegal content such as pirated MP3s or
Warez is allowed to be distributed. We will not allow certain audio-visual multimedia or any other files XIMinc decides at it's sole
discretion to be taking to much server resources. Any violation of this, will result in termination of your account.
6.. Adult Content.
Adult-oriented sites, pornography and sex-related merchandising are prohibited. This includes sites that may infer sexual
content of any kind or provide links to adult content elsewhere. We also prohibit sites that provide storage, sale,
distribution, hypertext link to, advertisement, promotion or hosting of material that is unlawful, defamatory, obscene,
harmful, threatening, harassing, or an intrusion of privacy or publicity rights, or otherwise objectionable.
7.. CGI-scripts.
Cgi-script sharing among domains not hosted by XIMinc is strictly prohibited. Any CGI-scripts considered to be harming system
performance or network integrity will be shut down without prior notice.
8.. Software Distribution.
Software distribution is not allowed on any hosting account. If you wish to distribute software please make special
arrangement by e-mailing sales@ximinc.com.
9.. System and Network Security.
Any form of violation of XIMinc's, or any third party's server, system, or network security through the use of the Plan(s)
are prohibited and may result in criminal or civil liability. XIMinc may investigate such incidents involving such violations
and cooperate with the proper law enforcement authorities if a criminal violation is suspected. This includes, without
limitation: (1) distributing or hosting content, destructive or harmful content including, without limitation, viruses,
Trojan Horses, worms, time bombs, cancelbots or any computer programming routines that may damage or interfere with any
system, program, data or personal information; (2) any form of hacking or unauthorized access, which includes, without
limitation, use probing, or scanning of systems security or authentication measures, data or traffic; (3) interference with
service to any user, host, or network including any form of attempts to overload a system, any form of system attacks, or
forgery which can come from any kind of program/script/command or messages of any kind designed to interfere with a user's
terminal session, via any means, locally or by internet; (4) any form of interception which includes, without limitation,
unauthorized monitoring of data or traffic on any network, server or system without express authorization from the owner;
(5) any form of avoidance of system restriction; (6) and any form of failure to safeguard accounts which includes, without
limitation, failure to prevent unauthorized access by giving away passwords.
10.. Fraud Content.
Offering or distributing any fraudulent goods, services, schemes or promotions (e.g. - make money fast schemes,
chain-letters, pyramid schemes), or submitting false data on any sign-up form, contract or online application through
registration, or any fraudulent use of information obtained through the use of the Plans, including, without limitation, use
of credit card numbers, phone numbers, e-mail addresses, or home addresses is strictly prohibited.
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