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Last Updated: 11/18/08
By submitting an online order form, or by using Xtreme Internet Enterprise & Services’s service, Customer hereby agrees to the following Acceptable Use Policy (AUP). Customer agrees that it shall comply with and require its end users to comply with this AUP, Xtreme Internet Enterprise & Services’s Terms of Service (TOS), Xtreme Internet Enterprise & Services’s No-Spam Policy (NSP), and Xtreme Internet Enterprise & Services’s Privacy Policy. In this document, the word “Agreement,” with a capital “A,” refers to the TOS, the AUP, the NSP, and the Privacy Policy collectively.
1. Introduction, Purpose, and General Terms.
1.1. This Web site gives you the ability to learn about Xtreme Internet Enterprise & Services and its products and services as well as the ability to access our network and services (“Xtreme Internet Enterprise & Services Services”). By using this site, and any other sites or services owned, operated, or provided by Xtreme Internet Enterprise & Services, you signify your agreement to the terms, conditions and notices of this policy. “You” when used in the Agreement shall mean the Xtreme Internet Enterprise & Services Customer of record and that Xtreme Internet Enterprise & Services Customer’s end users.
1.2. This Acceptable Use Policy is used in conjunction with the terms of service (TOS), the No-Spam Policy (NSP), and the Privacy Policy. Violating any of these policies and agreements grants Xtreme Internet Enterprise & Services the authority to take action to restrict or terminate your access to Xtreme Internet Enterprise & Services Services. Xtreme Internet Enterprise & Services reserves the right, at its sole discretion, to update or revise this policy, any other policy or statement on any Xtreme Internet Enterprise & Services Web site, and any product offerings or programs described on any Xtreme Internet Enterprise & Services Web site. Please check back periodically to review any changes to this policy.
1.3. This document sets forth the principles, guidelines and requirements of the Acceptable Use Policy of Xtreme Internet Enterprise & Services (“Company”) governing the use by the Customer (“Customer”) of the Company’s services and products (“Services and Products”). The purpose of Xtreme Internet Enterprise & Services’s Acceptable Use Policy (the AUP”) is to comply with all international, federal, state, and local laws and to protect the network security, network availability, physical security, Customer privacy, and other factors affecting the services provided by Xtreme Internet Enterprise & Services. Xtreme Internet Enterprise & Services reserves the right to impose reasonable rules and regulations regarding the use of its services provided to all Customers and such rules and regulations are subject to change. Such rules and regulations are located on the Internet at
http://wwww.xieserv.net/
1.4. In order to maintain an informative and valuable service that meets the needs of the users of this site and Xtreme Internet Enterprise & Services Services, the rules in this AUP have been established to protect against abuse. The AUP is not an all-inclusive, exhaustive list and Xtreme Internet Enterprise & Services reserves the right to revise, amend, or modify the AUP at any time as needed, effective upon either the posting of the revised, amended, or modified AUP to
http://www.xieserv.net/
or notification to the Customer via e-mail to the e-mail address of Customer as set forth in the Service Descriptions.
1.5. Any violation of the AUP may result in the suspension or termination of your account or such other action, as Xtreme Internet Enterprise & Services deems appropriate. No credits will be issued for any interruption in service resulting from violations of the AUP.
1.6. VIOLATION OF ANY SECTION OF THE AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM Xtreme Internet Enterprise & Services.
1.7. Any questions or comments regarding the AUP should be directed to Xtreme Internet Enterprise & Services by e-mail to the following e-mail address
support@xieserv.net, for issues concerning the AUP.
2. General Prohibitions.
You may not use this site or Xtreme Internet Enterprise & Services’s Services for any purpose that is unlawful or in any manner that could damage, disable, overburden or impair the operation of this site, the Xtreme Internet Enterprise & Services Network, or Xtreme Internet Enterprise & Services’s Services, or any other party’s use or enjoyment of this site, the Xtreme Internet Enterprise & Services Network, or Xtreme Internet Enterprise & Services’s Services.
2.1. You may not use this site or Xtreme Internet Enterprise & Services’s Services for any purpose that is unlawful or in any manner that could damage, disable, overburden or impair the operation of this site, the Xtreme Internet Enterprise & Services Network, or Xtreme Internet Enterprise & Services’s Services, or any other party’s use or enjoyment of this site, the Xtreme Internet Enterprise & Services Network, or Xtreme Internet Enterprise & Services’s Services.
2.2. Adult Content Prohibited.
2.2.1. Adult-oriented sites demand special system, network, and bandwidth requirements. Xtreme Internet Enterprise & Services does not accommodate those extraordinarily large requirements in its standard shared, e-commerce, reseller, and semi-dedicated hosting plans. Therefore you may not use Xtreme Internet Enterprise & Services’s services for adult-oriented and pornography sites. This includes sites that may include sexual content, or links to adult content elsewhere.
2.2.2. Where allowed by applicable law, Xtreme Internet Enterprise & Services does not prohibit you from posting a static Web page that meets all of the following criteria:
• the page merely advertises an adult service and provides information about how to contact the service offline, i.e., by telephone, facsimile, or postal mail and not via a link from a Web site that uses Xtreme Internet Enterprise & Services’s services;
• the page does not display any sexually explicit content and does not link to any Web page or site displaying any sexually explicit content; and
• the page does not require a user to log in with a username or password to access any of the Web site’s content.
2.2.3. In some jurisdictions, even the notice and advertisement of adult-oriented services may be illegal. It is your sole responsibility to learn the laws that govern what you are and are not allowed to post on your Web site. As part of your agreement with Xtreme Internet Enterprise & Services, you must comply with all such applicable laws.
However, Xtreme Internet Enterprise & Services cannot and does not advise you or make any recommendations to you about the existence of any such laws in a particular jurisdiction. Nor does Xtreme Internet Enterprise & Services advise you about how to comply with any such laws. Furthermore, laws vary throughout the United States of America and all over the world, so you should contact your legal advisor for more information and specific recommendations concerning the kinds of online materials that are legal in your region.
2.2.4. If you use Xtreme Internet Enterprise & Services’s service to publish any content that any applicable law deems “harmful,” “inappropriate,” or “unsuitable” for minors (persons under 18 years of age), then you must provide appropriate protection to prevent minors from accessing that content. Such protection is your sole responsibility because Xtreme Internet Enterprise & Services does not censor the content of your Web sites and pages.
2.2.5. If you have a reseller account with Xtreme Internet Enterprise & Services, you may not resell our hosting services to any clients or customers that sell adult content.
2.2.6. You may not use Xtreme Internet Enterprise & Services’s services to sell or solicit sales for any of the following items, products or services because they are or may be illegal in one or more jurisdictions where Xtreme Internet Enterprise & Services’s services are offered, or where they can be viewed through Xtreme Internet Enterprise & Services’s services:
• Online pornography or adult content for which a viewer must subscribe to access it,
• Adult content-related products or services (including X-rated videos, pictures, etc. especially of individuals under 18 years of age), and
• Obscene materials, as defined by law.
If we find any of your sites (or any of the sites of your customers, if you have a reseller account) to be selling any of the prohibited products or services, the offending accounts shall be subject to immediate account termination.
3. Compliance with Law.
Customer shall not use Xtreme Internet Enterprise & Services’s Service or any other service or network to post, upload, transmit, retransmit, store, distribute or facilitate the distribution of any content, including without limitation text, communications, software, images, sounds, data, or other information that, in Xtreme Internet Enterprise & Services’s sole discretion:
3.1. violates, attempts to violate, or helps any third party to violate any local, state, federal, international, or non-United States law, ordinance, or regulation,
3.2. is threatening, obscene, indecent, pornographic, abusive, harassing, libelous, defamatory, deceptive, fraudulent, invasive of another’s privacy, tortious, inaccurate, or that otherwise could adversely affect any individual, group or entity (collectively, “Persons”),
3.3. threatens or encourages bodily harm or destruction of property,
3.4. harms any person,
3.5. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, sex, sexual orientation, race, ethnicity, national origin, immigration status, age, disability, or any other reason,
3.6. is posted in violation of a newsgroup charter,
3.7. contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer,
3.8. violates any terms or conditions of any other network access provider or Internet service provider,
3.9. violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” information content or data or other software products that are not appropriately licensed for use by Customer. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products,
3.10. adds, removes, or modifies identifying network header information in an effort to deceive or mislead any person. Additionally, attempting to impersonate any person by using forged headers or other identifying information is prohibited. However, the use of anonymous remailers or nicknames does not by itself constitute impersonation, unless such use is made with the intent to deceive, defraud, or mislead any person or to violate any applicable laws or regulations,
3.11. collects, attempts to collect, or helps any third party to collect personal information about third parties without their knowledge or consent or in a manner that violates applicable laws concerning privacy,
3.12. has a negative effect on Xtreme Internet Enterprise & Services or its network (including, without limitation, overloading servers on the Xtreme Internet Enterprise & Services Network; causing portions of the Xtreme Internet Enterprise & Services Network to be blocked by other network providers; generating unresolved third party complaints or complaints which, in the discretion of Xtreme Internet Enterprise & Services, impose an unreasonable administrative burden on Xtreme Internet Enterprise & Services; etc.), or
3.13 violates the prohibition on terrorist content and activities described below.
Terrorist Content Prohibited.
3.13.1. The United States Homeland Security Act of 2002 defines “terrorism” as
“any activity that—
(A) involves an act that—
(i) is dangerous to human life or potentially destructive of critical infrastructure or key resources; and
(ii) is a violation of the criminal laws of the United States or of any State or other subdivision of the United States ; and
(B) appears to be intended—
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by intimidation or coercion; or
(iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping.”
(Pub. L. 107-296 (2002) § 2(15)).
3.13.2. You may not use Xtreme Internet Enterprise & Services’s services to do
any of the following acts by any means:
3.13.2.1. engage in terrorism,
3.13.2.2. solicit any other individual or organization to engage in terrorism,
3.13.2.3. conspire with any other individual or organization to engage in terrorism,
3.13.2.4. help any other individual or organization to engage in terrorism, or
3.13.2.5. knowingly engage in commerce with any of the following individuals or organizations
3.13.2.5.1. those persons listed in the Annex to the Executive Order No. 13225 of President George W. Bush (September 25, 2001) (referred to in this AUP as “the Executive Order”), as it may be amended from time to time, a copy of which is available online at the following Web page:
http://www.ustreas.gov/offices/enforcement/ofac/legal/eo/13224.pdf
3.13.2.5.2. foreign persons that the Secretary of State of the United States of America has determined have committed or pose a significant risk of committing acts of terrorism against the United States or its people;
3.13.2.5.3. businesses and organizations that the Secretary of State of the United States of America has determined are owned, controlled by, or acting on behalf of terrorists or persons suspected of terrorism; and
3.13.2.5.4. persons whom the Secretary of the Treasury of the United States of America , in consultation with the Secretary of State and the Attorney General of the United States of America , has determined are:
3.13.2.5.4.1. helping terrorists or suspected terrorists by giving them money, material, or technology; or
3.13.2.5.4.2. associated otherwise with terrorists or suspected terrorists.
3.13 .2.5.5. transactions that avoid or attempt to avoid the prohibitions of the Executive Order; and
3.13 .2.5.6. conspiracies to violate the Executive Order;
3.13.2.6. knowingly engage in transactions or dealings in money, goods, or services with terrorists, suspected terrorists, or terrorist organizations; or
3.13.2.7. make donations to terrorists and suspected terrorists.
3.13.3. While Xtreme Internet Enterprise & Services is not giving you legal advice or a consulting recommendation about how to comply with this no-terrorism policy or with the applicable laws that prohibit terrorism in the United States of America or in other countries, you may find the following general strategies helpful in complying with these requirements.
3.13.3.1. Verify the identity of any person who wants to buy goods, services, or information through your Web site. This includes, but is not limited to, the resale of hosting services if you have a reseller account with Xtreme Internet Enterprise & Services.
3.13.3.2. Check the names of any persons or organizations attempting to buy from your Web site against the Annex in the Executive Order.
3.13.3.3. Work with the company that provides transaction payment and fraud-prevention services for your e-commerce Web sites. The provider may be able to automate the identity checking for you.
4. System and Network Security.
Violations of system or network security are strictly prohibited, and may result in criminal and civil liability as well as termination of services from Xtreme Internet Enterprise & Services. Xtreme Internet Enterprise & Services investigates all incidents involving such violations and will cooperate with law enforcement if a violation of the criminal law is suspected.
You are responsible for any misuse of your account, even if a friend, family member, guest, agent, or employee committed the inappropriate activity while using your account. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach the security of another Xtreme Internet Enterprise & Services account or attempt to gain unauthorized access to another network or server.
Examples of system or network security violations include, without limitation, the following:
4.1. Introduction into the network or server of any malicious program (examples: viruses, worms, Trojan Horses, logic bombs, and other executables intended to inflict harm).
4.2. Introduction into the network or server of any self-extracting file or program containing any malicious program as specified in Section 4.1 of this AUP.
4.3. Introduction into the network or server of any data, parameter, configuration, template, or control files for software applications that contain destructive macros or other malicious code.
4.4. Introduction into the network or server of any encrypted or compressed file or archive such as .zip or .gz files that contains any malicious program as specified in paragraphs 4.1 through 4.3 of this AUP.
4.5. Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient, logging into a server or account that the Customer is not expressly authorized to access, or exceeding the access to a server or account that has been granted to the Customer. For purposes of this section, “disruption” includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing, and forged routing information.
4.6. Executing any form of network activity that will intercept data not intended for the Customer.
4.7. Circumventing user authentication or security of any host, network or account.
4.8. Interfering with or denying service to any user other than users of the Customer’s host (examples: denial of service attack or distributed denial of service attack).
4.9. Using any program script/command, or sending messages of any kind such as a punter, designed to interfere with or to disable, a user’s terminal session, via any means, locally or via the Internet.
4.10. Attempting to use or gain unauthorized access to data, accounts, hosts, servers, systems or networks of this site, or to probe, scan or test the vulnerability of a system or network of this site, any Xtreme Internet Enterprise & Services Services or those of any other party.
4.11. Interfering with service to any user, host or network including, without limitation, mail-bombing, flooding, or attempting to overload the system.
4.12. Forging any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
4.13 Falsifying address information or otherwise modifying e-mail headers to conceal the sender’s or the recipient’s identity.
5. Internet Etiquette.
The Customer agrees to observe and abide by reasonable Internet etiquette (Netiquette). The Customer shall comply with the rules appropriate to any network to which Xtreme Internet Enterprise & Services may provide access. The Customer should not post, transmit, or permit Internet access to information the Customer desires to keep confidential. The Customer shall not post any material that is illegal, is libelous, is otherwise tortious, indecently depicts children, or is likely to result in retaliation against Xtreme Internet Enterprise & Services by offended users. Xtreme Internet Enterprise & Services reserves the right to refuse or terminate service at any time for violation of this section. This includes, but is not limited to, advertising services or sites via Internet Relay Chat (IRC) or USENET in clear violation of the policies of the IRC channel or USENET group.
6. Child Pornography.
Xtreme Internet Enterprise & Services will cooperate fully with any criminal investigation into a Customer’s violation of the Child Protection Act of 1984 concerning child pornography, or any other applicable international, federal, state, or local law that prohibits child pornography. Customers are ultimately responsible for the actions of their clients over Xtreme Internet Enterprise & Services network, and shall be liable for illegal material posted by their clients.
According to the Child Protection Act, child pornography includes photographs, films, video, or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.
Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT
7. Xtreme Internet Enterprise & Services No-Spam Policy (NSP).
7.1. Customer shall comply with all the terms and conditions of Xtreme Internet Enterprise & Services’s No-Spam Policy (NSP) as described in this Section 7. Violation of the NSP shall be deemed a violation of this AUP and of the Customer’s Agreement with Xtreme Internet Enterprise & Services.
7.2. At Xtreme Internet Enterprise & Services, we are committed to providing valuable hosting services to our valued customers.
7.3. An important part of Xtreme Internet Enterprise & Services’s mission is to be a respected and responsible member of the business and Internet communities. We take seriously our role in protecting our customers and the general public from nuisances such as “spam.” This section describes our NO-SPAM Policy. Please read it carefully, because it contains important information and because it is a material part of your Agreement with Xtreme Internet Enterprise & Services.
7.4. To report any spam you receive that identifies itself as coming from the xieserv.net servers or claims to be related to Xtreme Internet Enterprise & Services in any way, please send an e-mail message to us at support@xieserv.net. In your message to us, please include a complete and accurate copy of the message that you consider to be spam, along with full message headers and routing information for e-mail, a message board provided by a Web site or an online service, Usenet, interactive chat message, or instant message service, as the case may be.
7.5. Definition of Spam.
Unsolicited commercial e-mail and electronic messages are colloquially referred to as “spam.” Other common names for spam include “spam e-mail,” “junk e-mail,” “bulk e-mail,” “direct e-mail,” and “mass e-mail.” Spam is the electronic equivalent of the direct mail you receive in your postal mailbox frequently.
In its most general terms, and as used in this NO-SPAM Policy (the “Policy”), spam is:
• a commercial e-mail message or other electronic message, including, but not limited to, messages that are:
• posted to an electronic mailing list (other than an “opt-in” e-mail list as described below),
• posted on an online bulletin board system or Web-based message board system or “guest book”,
• posted to a Usenet newsgroup,
• posted to the common area of an online community, group, or club,
• posted in a chat room,
• posted in a message board of a commercial online service (such as America Online),
• posted to a Weblog (“blog”),
• sent via an instant message system (such as ICQ, Yahoo! Pager, Yahoo! Instant Messenger, or AOL Instant Messenger),
• sent through e-mail or another Internet means of communication when the message’s ultimate destination is a facsimile (“fax”) machine, cellular or wireless telephone, or wireless device,
• a commercial e-mail message or other electronic message that is addressed to one or more recipients with whom you do not have an preexisting business or personal relationship,
• a commercial e-mail message or other electronic message that is sent to a mailing list of addresses that you purchased or that were otherwise distributed, or any list of e-mail addresses whose owners did not sign up for your specific mailing list, including without limitation lists commonly known as “affiliate lists,”
• a commercial e-mail message or other electronic message that is not sent at the request of, or with the express consent of, the recipient(s),
• a commercial e-mail message or other electronic message that is sent to a recipient who has opted out of receiving further commercial electronic messages from you, or
• a commercial e-mail message or other electronic message that contains forged headers, compromised mail server relays, or false contact information.
For purposes of this Policy, spam also includes any e-mail or other electronic message that is sent in violation of any applicable Federal, state, or local law regulating unsolicited commercial e-mail, unsolicited fax transmissions, or any other type of unsolicited commercial electronic message, regardless of whether that message fits the definition of “spam” provided above.
7.6. “Opt-in” E-mail Lists.
Please note: messages sent to “opt-in” e-mail lists are not spam, for purposes of this Policy, provided that those messages meet all of the following criteria:
• the messages are sent to an “opt-in” e-mail list in which ALL subscribers have VOLUNTARILY agreed to receive announcements and advertisements about products and services;
• the messages STRICTLY COMPLY with ALL the requirements and regulations of the “opt-in” e-mail list; and
• upon request of any subscriber to the “opt-in” e-mail list, you immediately stop sending that subscriber any e-mail regarding your products and services.
If you choose to use an “opt-in” e-mail list, please be aware that Xtreme Internet Enterprise & Services will consider ANY violation of the requirements or regulations of such any third party provider of software or services for such a list to be a violation of this NO SPAM Policy.
Furthermore, Xtreme Internet Enterprise & Services reserves the right to prohibit “opt-in” e-mail lists in the future if such a prohibition is reasonably necessary to keep its hosting service operating efficiently for all users.
7.7. Zero Tolerance for Spam.
Xtreme Internet Enterprise & Services will not tolerate any spamming by any of its Customers. This prohibition of spam extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Xtreme Internet Enterprise & Services’s services whether or not the message actually originated from our network.
Violation of this NO-SPAM policy will result in Xtreme Internet Enterprise & Services taking one or more of the following actions:
A warning via e-mail or telephone,
Suspension of your site until furthur notice,
Removal of DNS for the advertised/originating site, or
Temporarily blocking outgoing mail from your site.
Repeated violation of this NO-SPAM policy will result in immediate disconnection of service with no re-activation.
Xtreme Internet Enterprise & Services reserves the right to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from being sent from or transmitted through the Xtreme Internet Enterprise & Services Network.
PLEASE NOTE: The transmission of spam, including the transmission of counterfeit e-mail, may result in civil and criminal penalties against the sender, under various federal, state, and local laws and regulations, including the federal CAN-SPAM Act of 2003.
7.8 Indemnification of Xtreme Internet Enterprise & Services.
You agree to defend, hold harmless, and indemnify Xtreme Internet Enterprise & Services from any harm or damages whatsoever resulting directly or indirectly from your engaging in any spamming practices or from your violation of any of the terms of this NO SPAM Policy.
7.9 Mailing Limits
You may not send more than 600 emails per hour. Any emails sent over this limit will be discarded.
8. Resource Abuse.
You agree to not use excessive amounts of resources. Any violations may result in us taking corrective action in order maintain server stability by killing any processes, disabling and/or suspending your account.
8.1 Shared hosting accounts may not run more than 24 simultaneous processes or allow any process to run for longer than 45 CPU seconds. Databases are limited to 24 max user connections.
9. No Editing, Censoring, or Control of Communications; Reservation of Rights.
Your participation in online communication or use of any Xtreme Internet Enterprise & Services service is not edited, censored, or otherwise controlled by Xtreme Internet Enterprise & Services. However, Xtreme Internet Enterprise & Services reserves the right to monitor content on this site and on any Xtreme Internet Enterprise & Services servers, networks, or systems and to remove content, disable sites, or suspend or terminate services if Xtreme Internet Enterprise & Services, in its sole discretion, determines such content or user practices are harmful, offensive, or otherwise in violation of this Acceptable Use Policy.
10. Export Control Laws.
Exporting encryption software over the Internet from the United States of America to countries other than the United States of America and Canada violates United States law, unless you have a license to do so from the Bureau of Industry and Security in the United States Department of Commerce. You are solely responsible for determining whether any of your software or other information contains encryption software and whether you require a license to export your software or information. You are also solely responsible for complying with all applicable laws governing the export of encryption products. For additional information, you may wish to visit the Bureau of Industry and Security’s Web site at:
http://www.bis.doc.gov/Encryption/
11. International Use.
Xtreme Internet Enterprise & Services makes no representation that materials available on this site or any or through any Xtreme Internet Enterprise & Services service are appropriate or available for use in locations outside the United States, and accessing them or using them from territories where their contents are illegal is prohibited. Customers and their users who access this site or any site hosted by Xtreme Internet Enterprise & Services from locations outside the United States of America are solely responsible for compliance with all applicable local laws and regulations. Moreover, to the extent allowed by law, Customers agree to defend, indemnify, and hold harmless Xtreme Internet Enterprise & Services, its parents, subsidiaries, partners, joint venturers, employees and agents, and all their respective heirs, successors, and assigns for any acts of Customer or Customer’s users that may violate any applicable law.
12. Intellectual Property Rights.
12.1. All Xtreme Internet Enterprise & Services Web site design, text, graphics and the selection and arrangement thereof are the copyrighted work of Xtreme Internet Enterprise & Services, S.P, © 2006. All rights reserved. If any page, information, or content is copied, it may only be copied for non-commercial uses that are explicitly allowed under the Customer’s Agreement with Xtreme Internet Enterprise & Services or by law, and Xtreme Internet Enterprise & Services shall, in any event, retain all copyright and other proprietary interests in said page, information, or content.
12.2. You acknowledge and agree that copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws protect all content and materials available on this site or through any Xtreme Internet Enterprise & Services service. Nothing on any Xtreme Internet Enterprise & Services Web site shall be interpreted or implied in such a way as conferring any license or right to any intellectual property rights or license to any intellectual property, content, technology, system, process, or related material belonging to Xtreme Internet Enterprise & Services by virtue of it being displayed or made accessible on any Xtreme Internet Enterprise & Services Web site. Except as expressly authorized, you agree not to use this site or any Xtreme Internet Enterprise & Services Services in any manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you may access, receive or make available through this site or any Xtreme Internet Enterprise & Services Services.
12.3. If you use a domain name or content in connection with the Xtreme Internet Enterprise & Services Web hosting, or any other Web hosting service, you agree not to use that domain name or content in any way which violates any trademark, service mark, or similar rights of any third party. Specifically, and without limitation, you agree that you will not engage in, attempt to engage in, or conspire with others or solicit others to engage in any cybersquatting or domain name hijacking,
12.4 Xtreme Internet Enterprise & Services’s data center infrastructure including all hardware, software, and telecommunications facilities located in its data center may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of any United States or state regulation or law or the common law, or any applicable foreign or international law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, patent, trade secret, or other intellectual property rights.
12.5. Creating, utilizing, or distributing unauthorized copies of software or other information content is a violation of international, federal, and state law. If you copy, distribute, or install software or other information content in ways that the license to use that content does not allow, you are violating federal copyright law and international copyright law. Xtreme Internet Enterprise & Services will cooperate with all law enforcement agencies in relation to alleged copyright infringement based on content housed in our data centers.
12.6. Please see Copyright Infringement Reporting on the Xtreme Internet Enterprise & Services Web site for procedures on disclosing alleged copyright infringement.
13. Customer’s Grant of Limited License to Xtreme Internet Enterprise & Services; Warranties on Content.
By posting or submitting content to any Xtreme Internet Enterprise & Services Web site or server, you:
13.1. Grant Xtreme Internet Enterprise & Services a limited license to transmit, copy, store, back up, and retrieve the content, solely for the purpose of providing you with the services you are purchasing under your Agreement with Xtreme Internet Enterprise & Services;
13.2. Acknowledge that you are placing data on servers, networks, and systems that reside physically in the United States. Such servers, networks, and systems are governed by United States law and not by the laws of other jurisdiction. As such, your rights to privacy are governed by United States law and the Xtreme Internet Enterprise & Services privacy policy. By ordering or using Xtreme Internet Enterprise & Services’s services, you explicitly consent to this provision regarding privacy.
WHILE Xtreme Internet Enterprise & Services WILL MAKE REASONABLE EFFORTS TO PROTECT THE PRIVACY OF YOUR INFORMATION AND TO COMPLY WITH UNITED STATES LAW, PLEASE BE ADVISED THAT YOUR PRIVACY RIGHTS AVAILABLE UNDER UNITED STATES LAW AND THE Xtreme Internet Enterprise & Services PRIVACY POLICY MAY BE LESS THAN THOSE GUARANTEED BY THE LAWS OF THE COUNTRY WHERE YOU RESIDE.
13.3. Warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Xtreme Internet Enterprise & Services does not and will not infringe or violate the rights of any third party; and
13.4. Agree to defend, hold harmless, and indemnify Xtreme Internet Enterprise & Services for any claims of any third party resulting from the public posting or use of your content.
14. IP Allocation.
Xtreme Internet Enterprise & Services administers an Internet network on which multiple Customer servers reside. Customers shall NOT use Internet protocol (IP) addresses that were not assigned to them by Xtreme Internet Enterprise & Services staff or network administrators.
15. Restrictions on Use of Xtreme Internet Enterprise & Services Services.
15.1 You may not operate Internet Relay Chat (“IRC”) servers using Xtreme Internet Enterprise & Services’s services.
15.2. You may not run any IRC robot on any IRC server that might interfere with the Services or otherwise violate this AUP. When logged into any IRC server, you must comply with the rules and policies established by that IRC’s service administrator.
15.3. You must not use any programs that may or will interfere with another’s use of this site or any Xtreme Internet Enterprise & Services Services.
15.4. You may not run any background processes on the Xtreme Internet Enterprise & Services servers, networks, or systems without prior written authorization from Xtreme Internet Enterprise & Services.
15.5. You may not use any Xtreme Internet Enterprise & Services services to send denial-of-service (DOS) attacks to any computer or network, or to “flood” any computer or network.
15.6. You may not host any type of HYIP, autosurf, proxy, or bit torrent on Xtreme Internet Enterprise & Services servers.
15.7. You may not use any Xtreme Internet Enterprise & Services services to make available to third parties for any use other than normal access to that account's Web site.
15.8. You may not use our service to offer any free services including but not limited to free hosting, free email service, free blogging service, free home pages, free image hosting.
15.9. Xtreme Internet Enterprise & Services reserves the right to add further restrictions to Customers’use of the Xtreme Internet Enterprise & Services Services if such further restrictions are reasonably necessary to keep its hosting service operating efficiently for all users.
16. Suspension and Cancellation.
Xtreme Internet Enterprise & Services reserves the right to suspend service to any Customer or who is using our network or services for violation of the AUP, the NSP, the Privacy Policy, or the TOS. Xtreme Internet Enterprise & Services will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference as reasonably possible. Xtreme Internet Enterprise & Services reserves the right to terminate service without notice for continued and repeated violations of the AUP, the NSP, the Privacy Policy, or the TOS.
17. Notices Regarding Violations of AUP and Intellectual Property Rights.
17.1. The Xtreme Internet Enterprise & Services Agreement and all its components prohibit acts of copyright and trademark infringement and other unlawful behavior by Xtreme Internet Enterprise & Services Customers. Xtreme Internet Enterprise & Services takes Customer violations seriously and will investigate complaints and, where appropriate, may remove content, disable sites, suspend or terminate services, or take other action as necessary.
17.2. General Complaints: Please send reports of any activity in violation of this Acceptable Use Policy to support@xieserv.net. If possible, please provide the IP address used to commit the violation, the date and time of the violation, and evidence of the violation. Xtreme Internet Enterprise & Services will reasonably investigate incidents involving such alleged violations. Xtreme Internet Enterprise & Services may involve and will cooperate with law enforcement officials if any criminal activity is suspected. Violations may result in criminal and civil liability.
17.3. Copyright/Trademark Infringement Complaints: If you believe that your copyright or trademark has been used by a Xtreme Internet Enterprise & Services subscriber without permission, such that the use may constitute infringement of your intellectual property rights.
18. Miscellaneous.
All monetary amounts to which this Agreement refers shall be in United States dollars.
19. Revisions.
Xtreme Internet Enterprise & Services may revise this Acceptable Use Policy without prior notice. Such changes will be posted in the AUP. You are responsible for reviewing the online Acceptable Use Policy to stay update of any changes.
Privacy Policy
By submitting an online order form, or by using Xtreme Internet Enterprise & Services’s service, Customer hereby agrees to the following Privacy Policy. Customer agrees that it shall comply with and require its end users to comply with this Privacy Policy, Xtreme Internet Enterprise & Services’s Terms of Service (TOS), Xtreme Internet Enterprise & Services’s Acceptable Use Policy (AUP), and Xtreme Internet Enterprise & Services’s No-Spam Policy (NSP). In this document, the word “Agreement,” with a capital “A,” refers to the TOS, the AUP, the NSP, and the Privacy Policy collectively.
1. Introduction.
Xtreme Internet Enterprise & Services respects the privacy of every individual who visits its Web sites and uses its services. This privacy statement provides notice of the standards and terms under which Xtreme Internet Enterprise & Services protects the privacy of information supplied by visitors to sites on the World Wide Web that are owned and operated by Xtreme Internet Enterprise & Services, including www.xieserv.net. This privacy statement provides notice of our information collection practices and of the ways in which your information may be used. This policy may change from time to time, so please check back periodically to review this information.
2. Personally Identifiable Information.
Xtreme Internet Enterprise & Services typically receives specific data about its Web site visitors only when such information is provided voluntarily, such as when our visitors request information, purchase or enroll for services, provide resume information for employment opportunities, or send us e-mail. Of course, some of these activities require that you give us information, such as when you make a purchase, use a credit card or electronic payment service to pay for Xtreme Internet Enterprise & Services services, submit your resume, or request certain types of information.
We collect the following types of information about you.
Contact Information
• Name
• Company
• Postal Address
• City
• State
• Country
• Zip code or postal code
• Email address
• Telephone number
• Fax number
• Internet domain name
Financial Information
• Credit or debit card information
• Cardholder name
• Card number
• Type of card (e.g., Visa, Mastercard)
• Expiration date
• Security code
• Paypal account information
• Email address of PayPal account
Verification Data
• Internet Protocol (IP) address for fraud-prevention purposes
Other Information
• Social Security Number (SSN), Federal Employer Identification Number (F.E.I.N.), or other Tax I.D. Number (this is collected if you join our affiliate program, so that we can comply with United States federal income tax laws.
When you provide personally identifiable information to Xtreme Internet Enterprise & Services through one of our Web sites, it will be used to fulfill your specific request. However, Xtreme Internet Enterprise & Services reserves the right, in its discretion, to send you bulletins and other important information about your Xtreme Internet Enterprise & Services services.
Xtreme Internet Enterprise & Services currently only sends service communication e-mails through www.xieserv.net, and does not send marketing e-mails or newsletters through www.xieserv.net. The service communication e-mails are essential to our registering you for service and to our continuing provision of services to you. Therefore, you may not opt out of receiving these e-mail messages.
Xtreme Internet Enterprise & Services will not, however, sell, trade, or otherwise disclose your personally identifiable information unless we are authorized or legally required to do so, or in the case of imminent physical harm to any person. On those Xtreme Internet Enterprise & Services sites where you may provide Xtreme Internet Enterprise & Services with credit card, electronic payment service, or other ordering information via the Web, Xtreme Internet Enterprise & Services protects and secures this information by employing commercially customary Web-based security and encryption protocols, an example of which is the Secure Socket Layer (SSL). On those sites where you voluntarily offer any feedback, data, answers, questions, comments, suggestions, ideas or the like, Xtreme Internet Enterprise & Services will treat that portion of the information as non-confidential and non-proprietary and, except as otherwise expressed in this privacy statement, Xtreme Internet Enterprise & Services assumes no obligation to protect such information from disclosure.
3. Non-Personally Identifiable (Generic) Information.
In general, Xtreme Internet Enterprise & Services gathers some generic information automatically. Generic information does not reveal the identity of the visitor. It usually includes information about the Internet address assigned to your computer, the number and frequency of visitors, and the Xtreme Internet Enterprise & Services sites visited. Xtreme Internet Enterprise & Services gathers this information for the limited purpose of determining customer service and Web site needs. We accomplish this by using certain technologies, including “cookies” (a technology that can be used to provide the visitor with tailored information about Xtreme Internet Enterprise & Services services). Xtreme Internet Enterprise & Services does not combine information collected in this way with any personally identifiable information. You can set your Web browser to notify you when you receive a cookie and you can refuse it. However, refusing some cookies may make it impossible to use or navigate the Xtreme Internet Enterprise & Services Web site properly.
4. Your Xtreme Internet Enterprise & Services-Hosted Web Site, Bulletin Boards, Chat Rooms and Third Party Sites.
Information that you disclose in a public space, including on any bulletin board, chat room, or Web site that Xtreme Internet Enterprise & Services may host for you as part of your Xtreme Internet Enterprise & Services services, is available to anyone else who visits that space. Xtreme Internet Enterprise & Services cannot safeguard any information you disclose in these locations. Additionally, Xtreme Internet Enterprise & Services Web sites may contain links to sites that belong to third parties unrelated to Xtreme Internet Enterprise & Services. Xtreme Internet Enterprise & Services cannot protect any information you may disclose at these sites and recommends that you review the privacy policy statements of those sites you visit.
We post customer testimonials on our web site which may contain personally identifiable information such as the customer's name. We do obtain the customer's consent prior to posting the testimonial to post their name along with their testimonial.
The Live Chat system that Xtreme Internet Enterprise & Services uses for customer support is a one-on-one chat. Xtreme Internet Enterprise & Services owns or licenses the Live Chat software and operates it on Xtreme Internet Enterprise & Services’s server and network. No third party collects any information that you provide through the Live Chat system. Xtreme Internet Enterprise & Services may retain and use logs of the Live Chat sessions for any of the following purposes:
• to analyze and resolve system problems;
• to compile and update frequently asked questions (FAQ) and entries in the customer support Knowledge Base;
• to report problems to and obtain technical support from Xtreme Internet Enterprise & Services’s vendors, suppliers, or service providers;
• to train personnel providing support to customers via Live Chat;
• to evaluate the job performance of personnel providing support to customers via Live Chat;
• to measure the effectiveness of Live Chat in providing support to customers;
• to improve the quality and effectiveness of Live Chat in providing support to customers; or
• to perform any other internal task related to providing services to Xtreme Internet Enterprise & Services customers, provided that performance of the task does not require disclosure of any of the contents of a chat session without the customer’s prior permission.
5. Exceptions and Limitations.
Notwithstanding the foregoing and in compliance with applicable laws, Xtreme Internet Enterprise & Services (i) cooperates fully with state, local, and federal officials in any investigation relating to any content (including personal or private electronic communications transmitted to Xtreme Internet Enterprise & Services) or purported unlawful activities of any user of the Xtreme Internet Enterprise & Services Service, and (ii) takes reasonable measures to protect its proprietary rights. For the limited purposes of accomplishing such cooperation and measures and in compliance with applicable laws, Xtreme Internet Enterprise & Services may be required to disclose personally identifiable information.
In addition, Xtreme Internet Enterprise & Services may elect to monitor the areas of communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate Xtreme Internet Enterprise & Services’s business; or (iii) to protect the rights or property of Xtreme Internet Enterprise & Services or others.
6. Sale or Transfer of Xtreme Internet Enterprise & Services’s Stock or Assets.
In connection with the potential or actual sale or transfer of any of its interest in www.xieserv.net, and other sites owned by Xtreme Internet Enterprise & Services, and any of the assets or stock of the company, Xtreme Internet Enterprise & Services reserves the right to sell or transfer your information (including, but not limited to, name, address information, and other information you provided to Xtreme Internet Enterprise & Services) to a third party that (i) concentrates its business in Web hosting or communication products or services; (ii) agrees to be Xtreme Internet Enterprise & Services’s successor in interest with regard to the maintenance and protection of information collected and maintained by Xtreme Internet Enterprise & Services; and (iii) agrees to the obligations of this privacy statement. To the extent it is practicable to do so, this paragraph shall also apply in the event of any bankruptcy proceedings involving Xtreme Internet Enterprise & Services.
In the event that Xtreme Internet Enterprise & Services plans to transfer your information to a third party incident to a potential or actual sale of any of Xtreme Internet Enterprise & Services’s assets or stock, or incident to any bankruptcy proceedings involving Xtreme Internet Enterprise & Services, Xtreme Internet Enterprise & Services will:
• Notify you by e-mail, at the e-mail address then on file for your account, at least thirty (30) days prior to the transfer taking place; and
• Give you the opportunity to decide whether you wish for your information to be transferred to the third party. Please note, however, that if you choose not to allow your information to be transferred to the third party, you may have to terminate or cancel your service with Xtreme Internet Enterprise & Services. At the time of providing notice to you of the upcoming transfer of information to a third party, Xtreme Internet Enterprise & Services will tell you whether you will have to terminate or cancel your service, should you decide not to allow Xtreme Internet Enterprise & Services to transfer your information to the third party.
7. Applicable Laws.
AS A MATERIAL CONDITION OF USING THIS WEB SITE OR Xtreme Internet Enterprise & Services’S HOSTING SERVICES, OR BOTH, CUSTOMER AND Xtreme Internet Enterprise & Services AGREE THAT THE USE OF THIS SITE IS BOUND AND GOVERNED BY THE LAWS OF THE STATE OF TEXAS AND OF THE UNITED STATES OF AMERICA, REGARDLESS OF WHERE CUSTOMER MAY RESIDE, ACCESS THE INTERNET, OR CONDUCT HIS, HER, OR ITS BUSINESS.
MOREOVER, CUSTOMER ACKNOWLEDGES AND AGREES THAT Xtreme Internet Enterprise & Services RECEIVES AND STORES PERSONALLY IDENTIFIABLE INFORMATION ON SERVERS LOCATED WITHIN THE UNITED STATES OF AMERICA. FURTHERMORE, CUSTOMER ACKNOWLEDGES AND AGREES TO SUCH FLOWS OF HIS OR HER PERSONALLY IDENTIFIABLE INFORMATION ACROSS BORDERS FROM HIS OR HER COUNTRY TO THE UNITED STATES OF AMERICA.
SPECIAL NOTICE TO CUSTOMERS LOCATED OUTSIDE THE UNITED STATES OF AMERICA.
Xtreme Internet Enterprise & Services’s Web site and services are operated by Xtreme Internet Enterprise & Services, S.P., existing in the State of California, United States of America. Xtreme Internet Enterprise & Services’s site and services can be accessed by visitors and customers from countries around the world. Such countries may have differing laws with respect to Internet communications, the formation of contracts, consumer protection issues, privacy, and the transfer of personally identifiable information.
8. Changes in this Privacy Statement.
If we decide to change our privacy policy, we will post those changes in this privacy statement, on the home page, and in other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.
We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.
9. Contact Us.
If you have any questions or suggestions regarding our privacy policy, please contact us at: support@xieserv.net
10. Access to Personally Identifiable Information.
If your personally identifiable information changes, or if you no longer desire our service, you may update it by making the change on our member information page or by e-mailing our Customer Support at support@xieserv.net
11. Sharing of Information.
Agents
We use an outside credit card processing company to bill you for services. This company does not retain, share, store or use personally identifiable information for any purposes other than to bill you for our services.
Service Providers
We use other third parties to provide various additional services for you on our Web site. When you sign up for the additional services, we will share certain elements of the information you provide to us as necessary for the third party to provide that service.
The following table discloses basic information about the service providers with whom we may share your information. For each service provider, we tell you
• The provider’s name;
• The type of service that provider provides to Xtreme Internet Enterprise & Services or to you;
• The information that we share with that service provider;
• How the service provider collects your information, which may involve our sending the information to the service provider via a secure Internet link; and
• How the service provider is allowed to use your information.
Please note: In most cases, the third party service provider has its own posted privacy policy. Xtreme Internet Enterprise & Services does not control the operations of any third party service provider and makes no representations or warranties about any third party service provider’s compliance with its own posted privacy. For each service provider, we include the URL of that service provider’s home page so that you can read their privacy policy or contact them with any questions you have about their practices for collecting, using, and disclosing information they gather through their Web site or online services.
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