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This Agreement sets out by Web Xpress International
(herinafter called "WXI")
details of how you can use our services. Use of WXI services are
governed by this Agreement. By using WXI's services,
you acknowledge and signify that you have read, understood, and agreed to be bound
by this Agreement.
The AUP and TOS are provided to give our clients and users a
clear understanding of what WXI expects of them whilst
using our services. All users of WXI's services, those who
access some of our services but do not have accounts, as well as those who
pay a service fee to subscribe to our services,
must comply with this Agreement, AUP and TOS.
N.B. Use of WXI's services constitutes acceptance and
agreement to all terms and conditions of this Agreement, AUP and TOS.
IMPORTANT NOTICE: *** All payments to WXI are non-refundable ***
We support the uncensored flow of information and ideas over the Internet and do
not actively monitor subscriber activity under normal circumstances. Similarly,
we do not exercise editorial control over the content of any web site, e-mail
transmission, newsgroups, or other material created or accessible over or
through the services, except for certain proprietary Web sites. However, in
accordance with our TOS, we may remove any materials that, at
our sole discretion, may be illegal, may subject us to liability, or which may
violate this AUP. We will cooperate with legal authorities and/or third parties
in the investigation of any suspected or alleged crime or civil wrongdoing. Your
violation of this AUP may result in the immediate suspension or termination of
your account, and/or, the taking of other action/s WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understanding of
WXI's AUP. The following are guidelines for the
establishment and enforcement of WXI's AUP:
- Ensure reliable service to our clients.
- Ensure security and privacy of our systems and network, as well as the networks
and systems of others.
- Comply with existing laws.
- Maintain our reputation as a responsible service provider.
- Encourage responsible use of the Internet and discourage activities which
reduce the usability and value of Internet services.
- Preserve the value of Internet resources as a conduit for free expression
and exchange of information.
-
- Preserve the privacy and security of individual users.
WXI intends to provide its clients with access
to everything that the Internet has to offer.
Whilst WXI is firmly committed to the principles of free
speech, certain activities that may be damaging to the resources of both
WXI and the Internet cannot be permitted under the guise
of free speech. The resources of WXI and the Internet are
limited, and abuse of these resources by one user has a negative impact on the
entire community.
We do not routinely monitor the activity of accounts except for measurement of
system utilization and the preparation of billing records. However, in our
efforts to promote good citizenship within the Internet community, we will
respond appropriately if we become aware of inappropriate use of our services.
You may not use your site to publish material, which WXI determines, at its sole discretion, to be unlawful, indecent or objectionable.
For purposes of this policy, "material" refers to all forms of
communications including narrative descriptions, graphics (including photographs,
illustrations, images, drawings, logos), executable programs, video recordings,
and audio recordings.
If a WXI account is used to violate the AUP or
TOS, we reserve the right to terminate
your service without notice. We prefer to advise clients of
inappropriate behavior and any necessary corrective action, however, flagrant
violations of the AUP will result in immediate termination of
service. Our failure to enforce this policy, for whatever reason, shall not be
construed as a waiver of our right to do so at any time.
As a member of our network community, you must use your Internet access
responsibly.
Please Contact us
if you have any questions regarding this policy.
VIOLATIONS OF WXI AUP:
The following constitute violations of this AUP:
- Illegal use:
-
WXI's services may not be used for illegal purposes,
or in support of illegal activities.
WXI reserves the right to co-operate with legal
authorities and/or injured third parties in the investigation of any
suspected crime or civil wrongdoing.
Examples of content that is not acceptable on WXI's
servers are "Pirated software" and/or "Warez",
"Hacker programs and/or archives", "IRC Bots", "Gambling Related",
"Mp3's", "Adult Content and/or Adult Merchandise".
- Harm to minors:
-
Use of the WXI service to harm, or attempt to harm,
minors in any way, including, but not limited to child pornography.
- Threats:
-
Use of the WXI service to transmit any material
(by e-mail, uploading, posting or otherwise) that threatens or encourages
bodily harm or destruction of property.
- Harassment:
-
Use of the WXI service to transmit any material
(by e-mail, uploading, posting or otherwise) that harasses another.
- Fraudulent activity:
-
Use of WXI service to make fraudulent offers to
sell or buy products, items, or services, or to advance any type of
financial scam such as "pyramid schemes,"
"ponzi schemes," and "chain letters."
- Forgery or impersonation:
-
Adding, removing or modifying identifying network header information
in an effort to deceive or mislead is prohibited. Attempting to
impersonate any person by using forged headers or other identifying
information is prohibited. The use of anonymous remailers or nicknames
does not constitute impersonation.
- Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM):
-
Use of the WXI service to transmit any unsolicited
commercial or unsolicited bulk e-mail is expressly prohibited.
Violations of this type will result in the immediate termination of the
offending WXI account.
IMPORTANT NOTICE:
ANYONE using our services that supports spammers or cause any of
our IP space to be listed in any of the various Spam Databases will
have their service/s immediately removed from our network.
The service/s will not be reconnected until such time that you agree to
remove ANY and ALL traces of the offending material
immediately upon reconnection. You further agree to allow us access to
your services to confirm that all material has been COMPLETELY
removed. Severe violations may result in immediate and
permanent removal of the service from our network without notice to the
client. Any client guilty of a second violation WILL
be immediately and permanently removed from our network without notice.
- E-mail / News Bombing:
-
Malicious intent to impede another person's use of electronic mail
services or news services will result in the immediate termination of the
offending WXI account.
- E-mail / Message Forging:
-
Forging any message header, in part or whole, of any electronic
transmission, originating or passing through the WXI
service is in violation of this AUP.
- Usenet Spamming:
-
WXI has a zero tolerance policy for the use of its
network for the posting of messages or commercial advertisements, which
violate the rules, regulations, FAQ or charter of any newsgroup or
mailing list. Commercial messages that are appropriate under the rules
of a newsgroup or mailing list, or, that are solicited by the recipients
are permitted.
- Unauthorized access:
-
Use of the WXI service to access, or to attempt to
access, the accounts of others, or to penetrate, or attempt to penetrate,
security measures of WXI's or another entity's
computer software or hardware, electronic communications system, or
telecommunications system, whether or not the intrusion results in the
corruption or loss of data, is expressly prohibited and the offending
WXI account is subject to immediate termination.
- Copyright or trademark infringement:
-
Use of the WXI service to transmit any material
(by e-mail, uploading, posting or otherwise) that infringes any copyright,
trademark, patent, trade secret or other proprietary rights of any third
party, including, but not limited to, the unauthorized copying of
copyrighted material, the digitization and distribution of photographs
from magazines, books, or other copyrighted sources, and the unauthorized
transmittal of copyrighted software.
- Collection of personal data:
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Use of the WXI service to collect, or attempt to
collect, personal information about third parties without their
knowledge or consent.
- Network disruptions and unfriendly activity:
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Use of the WXI service for any activity which
affects the ability of other people or systems to use
WXI Services or the Internet.
This includes "denial of service" (DOS) attacks against
another host or individual user.
Interference with or disruption of other host's users,
services or equipment is prohibited.
It is the Client's responsibility to ensure that their service is
configured in a secure manner. A client may not,
through action or inaction, allow others to use their services for
illegal or inappropriate actions. A client may not permit their services,
through action or inaction, to be configured in such a way that gives a
third party the capability to use their services in an illegal or
inappropriate manner.
Unauthorized entry and/or use of another bodie's computer
system will result in immediate account termination.
WXI will not tolerate any subscriber attempting
to access the accounts of others, or penetrate security measures of
other systems, whether or not the intrusion results in corruption or
loss of data.
- System Resources:
-
Any one site or client account found to be utilizing in excess of 10%
of the system resources at any given may shall be suspended.
We reserve the right to terminate such account if we see fit.
- Fraud:
-
Involves a knowing misrepresentation or misleading statement, writing or
activity made with the intent that the person receiving it will act
upon it.
- Infringement of Copyright, Patent, Trademark, Trade Secret, or
Intellectual Property Right:
-
Distribution and/or posting of copyrighted or the aforementioned
infringements will not be tolerated.
- Distribution of Viruses:
-
Intentional distributions of software that attempts to and/or causes
damage, harassment, or annoyance to persons, data, and/or computer
systems are prohibited. Such an offense will result in the immediate
termination of the offending account.
- Inappropriate Use of Software:
-
Use of software or any device that would facilitate a continued
connection, i.e. pinging, while using WXI services
could result in suspension of client's service.
- Third Party Accountability:
-
WXI subscribers will be held responsible and
accountable for any activity by third parties, using their account,
that violates guidelines created within the AUP.
- Violation Of WXI Accounts:
-
It is absolutely forbidden to host illegal pornographic content where
the subjects are under the age of majority, or IRC servers on your
Account/s. Accounts found hosting this material will be subject to
immediate cancellation without refund.
- IRC networks:
-
It is absolutely forbidden to host an IRC server that is part of or
connected to another IRC network or server. Services found to be
connecting to or part of these networks will be immediately removed from
our services without notice. The service will not be reconnected until
such time that you agree to completely remove any and all traces of the
irc server, and agree to let us have access to your service to confirm
that the content has been completely removed. Any client guilty of a
second violation will result in immediate account termination.
- Background-running Programs:
-
We do not allow background-running programs. This includes any IRC
related software such as bouncers and bots. In certain cases we may
allow programs to run continually in the background, these are considered
on a one to one basis and an extra charge will be incurred based on
system resources used and operational maintenance needed.
- Banned Scripts:
-
You are free to use any scripts you wish provided they do not affect the
normal operations of the server and they are not mentioned specifically
below. Scripts that are commonly known for causing server disruption
include large cgi-based message forums, auctions, and banner exchanges.
In the event a script affects normal server and/or administrative
operations, WXI reserves the right to disable the
account pending client co-operation and resolution.
- Distribution and/or Transmission of Obscene or Indecent Speech or
Materials:<
-
Violation of indecency and obscenity laws can result in criminal
penalties.
- Defamation:
-
Defamatory speech distributed over the Internet can result in civil
liability for the defamer.
HOSTING PLANS:
In the best interests of our clients and in an effort to maintain the
integrity of our service, the following common sense rules will apply:
- Client's site must use and store only the information and data that
relates to the Web site
- Client may not resell or give away Web space under a domain name,
nor may client build Web sites that house "sub domain" Web
sites on behalf of other companies, groups or individuals.
- Client may not use client's Web site to store Web pages, files or
data for other IP addresses or domain names, nor may client use its Web
site as a repository for file, data or "Warez group" download
transfers.
- Client may not use its Web site as a storage area for files that are
not linked to client's Web pages.
PAYMENTS, REFUNDS and CANCELLATION POLICY:
For payment, WXI may accept Direct bank deposit,
cheque, MasterCard, Visa, American Express through online payment systems
such as Paypal, Stormpay, Paymate, AssuredPay or online payments via e-Gold,
intGold etc. Different options may be available from time to time.
WXI reserves the right to offer whichever payment
system it deems to be appropriate via the ordering and payment pages of our
web site.
WXI invoices exclusively via e-mail.
WXI does not send out invoices via postal services.
If client cancels 15 days before recurring monthly billing date
client will not be billed for the next month and all payments thereafter will
be cancelled with immediate effect.
Late Payment:
Any account whose payment status is not current as of the start of the next
billing period is deemed late. Generally, clients are given a 3 day grace
period after which the account is put on suspension.
If after 7 days payment has not been received or we have not been contacted
regarding payment, your account will be terminated without any further
notice. Reactivation of closed accounts due to delinquency incurs a
$25 reactivation fee as well as payment of the balance due in full.
For late payments please contact us to arrange payment.
Cancellation:
You must use the following method to deliver an official written
notice of cancellation:
Contact us
to arrange cancellation.
Upon receipt your account will be pending cancellation within 48 hours.
Please include your Name, domain name, username, password and your reason
for cancelling.
SECURITY:
You are responsible for any misuse of your account, even if the inappropriate
activity was committed by a client, friend, family member, guest or employee.
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
security of another account or attempt to gain unauthorized access to another
network or server.
Your password provides access to your account.
It is your responsibility to keep your password secure.
Sharing your password and account access with unauthorized users is prohibited.
You should take care to prevent others from using your account since you will
be held responsible for such use.
Attempting to obtain another user's account password is strictly prohibited,
and may result in termination of service.
You must adopt adequate security measures to prevent or minimize unauthorized
use of your account.
You may not attempt to circumvent user authentication or security of any host,
network or account. This includes, but is not limited to, accessing data not
intended for you, logging into or making use of a server or account you are not
expressly authorized to access, or probing the security of other networks.
Use or distribution of tools designed for compromising security is prohibited.
Examples of these tools include, but are not limited to, password guessing
programs, cracking tools or network probing tools.
You may not attempt to interfere with service to any user, host or network
("denial of service attacks"). This includes, but is not limited to,
"flooding" of networks, deliberate attempts to Overload a service,
and attempts to "crash" a host.
Users who violate systems or network security may incur criminal or civil
liability. WXI will cooperate fully with investigations
of violations of systems or network security at other sites, including
cooperating with law enforcement authorities in the investigation of suspected
criminal violations.
NETWORK PERFORMANCE:
Your account/s operate on shared resources. Excessive use or abuse of these
shared network resources by one client (e.g. in excess of 10% CPU
usage) may have a negative impact on all other clients. Misuse of network
resources in a manner that impairs network performance is prohibited by this
policy and may result in termination of your account.
You are prohibited from excessive consumption of resources, including CPU time,
memory, disk space and session time. You may not use resource-intensive programs
which negatively impact other clients or the performances of
WXI systems or networks.
WXI reserves the right to terminate or limit
such activities.
REPORTING VIOLATIONS OF WXI AUP:
WXI requests that anyone who believes that there is a
violation of this AUP to please
contact us,
and, if available, please provide the following information:
The IP address used to commit the alleged violation.
The date and time of the alleged violation, including the time zone or
offset from GMT.
Evidence of the alleged violation.
E-mail with full header information provides all of the above,
as do system log files. Other situations will require different methods of
providing the above information.
WXI may take any one or more of the following actions in
response to complaints:
Issue written or verbal warnings.
Suspend the client's privileges.
Suspend the client's account.
Terminate the client's account.
Bill the client for administrative costs and/or reactivation charges.
Bring legal action to enjoin violations and/or to collect damages, if any,
caused by the violations.
TECHNICAL SUPPORT:
WXI provides technical support for hosting services only.
We do not provide support for configuring scripts on your account or any other
support not directly related to your hosting account (setting up your website
pages, images, etc.) unless specifically contracted to do so.
BACKUPS:
It is the client's responsibility to do all back ups of their site.
If, in the unfortunate event that something happens to your files,
it is your responsibility to have a local copy of the files.
WXI is NOT held liable in any way for any files, money,
time, effort, etc. lost due to this unfortunate event. Furthermore, if your
files are lost, we will attempt to restore them as a gesture of good faith,
but make no promises whatsoever about whether the files will be brought back
successfully or not. Again, back ups are the client's responsibility.
DISCLAIMER:
WXI will not be responsible for any damages your
business may suffer. WXI makes no warranties of any kind,
expressed or implied for services we provide. WXI
disclaims any warranty or merchantability or fitness for a particular purpose.
This includes loss of data resulting from delays, non-deliveries,
wrong delivery, and any and all service interruptions caused by
WXI and its employees.
Finally, WXI wishes to emphasize that in accepting
services, clients indemnify WXI for the violation of
any law or WXI policy, that results in loss to
WXI or the bringing of any claim against
WXI. This means that if WXI is
sued because of activities of the client that violate any law, or this policy,
the client will pay any damages awarded against WXI,
plus costs and reasonable legal fees.
Failure to comply with any of our terms and conditions
will result in grounds for immediate account deactivation.
REVISIONS TO THIS AGREEMENT, AUP and TOS:
WXI reserves the right to revise, amend, or modify
this Agreement, AUP or TOS and any other policies and agreements, at any time
and in any manner. Notice of any revision, amendment, or modification will be
posted within this web page. Your continued use of our services following the
posting of such changes signifies your continued agreement.
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