| Acceptable Use Policy Background From time to time Netxcellent may impose reasonable rules and regulations regarding the use of its services. Such rules and regulations are called Acceptable Use Policies (AUPs) and are posted on the Internet at http://www.netxcellent.com. The AUPs are not exhaustive and Netxcellent reserves the right to modify the AUPs at any time, effective upon either the posting of the modified AUPs to www.netxcellent.com or notification of the modified AUPs. By registering for and using the services, and thereby accepting the terms and conditions of the End User Licence Agreement or its equivalent, you agree to abide by the AUPs as modified from time to time. Any violation of the AUPs may result in the suspension or termination of your account or such other action as Netxcellent deems appropriate. An unlisted activity may also be a violation of the AUPs if it is illegal, irresponsible, or disruptive use of the Internet. No credits will be issued for any interruption in service resulting from policy violations. VIOLATION OF ANY AUP IS STRICTLY PROHIBITED AND MAY RESULT
IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE
FROM Netxcellent. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR
USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD,
DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. "CONTENT"
INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES,
AND DOMAIN NAMES. IT IS Netxcellent'S POLICY TO TERMINATE REPEAT INFRINGERS.
Netxcellent RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME. The customer is solely responsible for any breaches of
security affecting servers under customer control. If a customer's server
is involved in an attack on another server or system, it will be shut
down and an immediate investigation will be launched to determine the
cause/source of the attack. In such event, the customer is responsible
for the cost to rectify any damage done to the customer's server and any
other requirement affected by the security breach. The labour used to
rectify any such damage is categorised as emergency security breach recovery
and is currently charged at £275.00 per hour. Enquiries regarding
security matters may be directed to support@netxcellentcom. Violations of system or network security are prohibited, and may result in criminal and civil liability. Netxcellent may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
Violators of the policy are responsible, without limitations,
for the cost of labour to clean up and correct any damage done to the
operation of the network and business operations supported by the network,
and to respond to complaints incurred by Netxcellent. Such labour is categorised
as emergency security breach recovery and is currently charged at £275.00
per hour required. Enquiries regarding security matters may be directed
to support@netxcellent.com. Netxcellent is concerned with the privacy
of online communications and web sites. In general, the Internet is neither
more nor less secure than other means of communication, including mail,
facsimile, and voice telephone service, all of which can be intercepted
and otherwise compromised. As a matter of prudence, however, Netxcellent
urges its customers to assume that all of their online communications
are insecure. Netxcellent cannot take responsibility for the security
of information transmitted over Netxcellent's facilities. The customer is responsible for protecting customer's
password and for any authorised or unauthorised use made of customer's
password. The customer will not use or permit anyone to use Netxcellent's
service to guess passwords or to access other systems or networks without
authorisation. Netxcellent will fully cooperate with law enforcement authorities
in the detection and prosecution of illegal activity. The customer is expected to be familiar with and to practice
good Internet (N)etiquette The customer will comply with the rules appropriate
to any network to which Netxcellent may provide access. The customer should
not post, transmit, or permit Internet access to information the customer
desires to keep confidential. The customer is not permitted to post any
material that is illegal, libellous, tortuous, indecently depicts children
or is likely to result in retaliation against Netxcellent by offended
users. Netxcellent reserves the right to refuse or terminate service at
any time for violation of this section. This includes advertising services
or sites via IRC or USENET in clear violation of the policies of the IRC
channel or USENET group. The Netxcellent network may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Making unauthorised copies of software is a violation of the law, no matter how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. Netxcellent will cooperate fully with any civil and/or
criminal litigation arising from the violation of this policy. Customers have a responsibility to use the Netxcellent network responsibly. This includes respecting the other customers of Netxcellent. Netxcellent reserves the right to suspend and or cancel service with any Customer who uses the Netxcellent network in such a way that adversely affects other Netxcellent customers. This includes but is not limited to:
Netxcellent will react strongly to any use or attempted use of an Internet account or computer without the owner's authorisation. Such attempts include, but are not limited to, "Internet Scanning" ,password robbery, security hole scanning, port scanning, etc. Any unauthorised use of accounts or computers by a Netxcellent customer, whether or not the attacked account or computer belongs to Netxcellent, will result in severe action taken against the attacker. Possible actions include warnings, service suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. Any attempt to undermine or cause harm to a server, or customer, of Netxcellent is strictly prohibited. Violations of this policy may be reported directly to
the appropriate legislative / legal body . All services must be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or AUP is prohibited. This includes, but is not limited to: copyrighted material or material protected by trade secret and other statute or dissemination of harmful or fraudulent content. Using any Netxcellent service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under applicable law is prohibited. Any conduct that constitutes harassment, fraud, stalking,
abuse, or a violation of federal export restriction in connection with
use of Netxcellent services or products is prohibited. Using the Netxcellent
network to solicit the performance of any illegal activity is also prohibited,
even if the activity itself is not performed. In addition, knowingly receiving
or downloading a file that cannot be legally distributed, even without
the act of distribution, is prohibited. Netxcellent will cooperate fully with any criminal investigation into a Customer's violation of the Protection of Children Act 1978 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the Netxcellent network, and will be liable for illegal material posted by their clients. According to the Protection of Children Act, child pornography includes any type of visual presentation ( eg. video , photographs, film) 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 an explicit sexual activity concerning 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 Protection of Children Act may be reported
to the relevant legislative body and /or law enforcement agency. Unsolicited commercial email is defined by Netxcellent as any electronic communication (e-mail, ICQ, IRC, Instant Messenger, etc…) sent for purposes of distributing commercial information of any kind, soliciting the purchase or sale of products or services or soliciting any transfer of funds to a recipient who has not agreed to receive such communication. Unsolicited bulk e-mail is defined by Netxcellent as any electronic communication (e-mail, ICQ, IRC, Instant Messenger, etc…) to multiple recipients who have not agreed to receive such communication. Use of the Netxcellent network, servers or services to transmit any unsolicited commercial or unsolicited bulk-e-mail is expressly prohibited.Netxcellent also prohibits the sending of any fraudulent, malicious, harassing, false or misleading electronic communications, including, without limitation, chain letters, pyramid schemes, or e-mails with forged headers. Our customers are ultimately responsible for any violations of the AUP by their clients, and any violation of the AUP by a client of a Netxcellent customer shall be deemed a violation of the AUP by such Netxcellent customer. Customers whose actions directly or indirectly result in Netxcellent IP space being listed in any of the various abuse databases may be subject to having the offending domain(s), server(s), or user(s) immediately removed from our network. In addition, if Netxcellent in its sole discretion determines that a customer is in violation of our AUP, Netxcellent may, at its sole discretion, restrict, suspend or terminate a customer's service. Netxcellent will, in most cases, attempt to contact a customer prior to suspension or termination of a server(s), but can not guarantee prior notification. Any server suspended or terminated for AUP violations will be reconnected only after the customer agrees to cease all activities that violate the Netxcellent AUP and pays all applicable reconnect fees and related charges. Any server suspended a second time for AUP violations WILL be immediately and permanently removed from our network. Customers that Netxcellent determines in its sole discretion
to be in violation of the Netxcellent AUP may be subject to additional
fees or fines including, without limitation, any applicable reconnect
fees. While Netxcellent prohibits the use of its systems or network to send unsolicited email as described above, customers may send permission-based email marketing, subject to the guidelines provided herein. Permission-based marketing is defined as electronic marketing that an end user agrees to receive. This is often referred to as 'opt-in' electronic marketing. All recipient information for such marketing conducted by Netxcellent customers must be documented and cataloged by the customer. This information is to include date, time, originating IP and the location from which the email address or other recipient information was obtained. Additionally, a customer must at a minimum comply with the following guidelines, and any additional guidelines established by Netxcellent from time to time in its sole discretion, to engage in permission-based email marketing without violating the AUP: 1. All commercial or bulk email originating from a Netxcellent
customer on the Netxcellent network must have a working unsubscribe link.
The customer must honor all requests to unsubscribe within 72 hours. Additionally,
there must be text in the email stating that while all requests to unsubscribe
are honored, it may take up to 72 hours to process. Disclaimer
IP Address Overlap Netxcellent administers the network on which customer
servers reside. The customer cannot use IP addresses which were not assigned
to them by Netxcellent staff. Any server found using IPs which were not
officially assigned will be suspended from network access until such time
as the IP addresses overlap can be corrected. Netxcellent allows the use of IRC inside the Netxcellent
network as long as the use of IRC on a Netxcellent server does not violate
any of the other terms of this AUP. As a policy, Netxcellent will not
provide vanity IRC reverse DNS records. To enforce this policy Netxcellent
does not turn the reverse address of IPs over to the customer. Authority
over this information remains with Netxcellent. The customer understands that the customer is responsible
for paying for any network resources that are used to connect the customer's
server to the Internet. The customer may request that the customer's server
be disconnected from the Internet, but the customer will still be responsible
for paying for any network resources used up to the point of suspension
or cancellation. If Netxcellent in its sole discretion determines that
a customer's server has become the source or target of any violation concerning
the Netxcellent Acceptable Use Policy (AUP), Netxcellent reserves the
right to suspend network access to that server. While Netxcellent will
attempt to contact the customer before suspending network access to the
customer's server(s), prior notification to the customer is not assured.
In certain cases, Netxcellent will contact law enforcement and other agencies
regarding these activities. Customers are responsible for all charges,
as well as any fees relating to the investigation, suspension, administration
and handling of their servers before, during and after the suspension
period. Netxcellent reserves the right to cancel service at any
time. If inappropriate activity is detected, all accounts of the customer
in question will be deactivated until an investigation is complete. Prior
notification to the Customer is not assured. In extreme cases, law enforcement
will be contacted regarding the activity. All fees paid in advance of
cancellation will be prorated and paid by Netxcellent if Netxcellent 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.). Netxcellent wishes to emphasise that in agreeing the End
User Licence Agreement or its equivalent, customer indemnifies Netxcellent
for any violation of the End User Licence Agreement or its equivalent,
law or AUP that results in loss to Netxcellent or the bringing of any
claim against Netxcellent by any third-party. This means that if Netxcellent
is sued because of a customer's or a customer of a customer's activity,
the customer will pay any damages awarded against Netxcellent, plus costs
and reasonable attorney's fees. Netxcellent is under no duty to vet each customer's or user's activities to determine if a violation of the AUPs has occured, nor do we assume any responsibility through our AUPs to monitor or police Internet-related activities. Netxcellent disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person's or party's violation of this policy. All Sub-Networks, resellers and managed servers of Netxcellent must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUPs AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THESE AUPs BY YOU. |