Acceptable Use Policy

Terms of Servicetop


A. Xzibition reserves the right to review any and all files that reside on our servers at any time without prior notice to the Customer and to remove any files that violate these policies.

B. Any account found to be using or attempting to use our services to conduct any type of illegal or abusive activity such as, but not limited to: Denial of Service attacks, storage and/or transmission of copyrighted materials including "warez", MP3s, AVIs, software, graphical images and intellectual properties, or transmission of malicious code such as viruses, worm and trojans will be immediately terminated for abuse without prior notice or refund and may be subject to legal action. Any violation of state, federal, international law, or the laws of the country of which the service is hosted from, will result in immediate termination of service and may be subject to criminal charges.

C. War Bots and scripts, flood scripts/bots, hacking tools (such as but not limited to) rootkits, sniffers, scanners or exploit programs, http/ftp/socks proxies, mail bombs, channel spamming and other similar type of abusive or harassing activities as well as adult oriented content are not allowed on or from our servers. Any account found to be using our services to engage in such activities or having scripts in their files to conduct such activities are subject to immediate termination without notice or refund and may be subject to criminal charges.

D. Attempting to bypass security measures or to gain access to an account or process that Customer is not authorized to use is ground for immediate termination without refund. There is no time limit on this! Whether the attempt was made an hour or months previous to our finding evidence of it, Customer's account will be immediately terminated without prior notice or refund and result in legal action. "Hacking" is a federal crime. Xzibition does not hesitate to contact and co-operates fully with all legitimate local, state, federal and international law enforcement agencies.

E. It is the Customer's responsibility to secure their own processes. Xzibition is not responsible for the security of any Customer process and Customer releases Xzibition from any and all liability for any damages whether they be real, implied, direct or indirect that may result from Customer's process being corrupted or accessed due to security issues that are not directly the result of a breach in network security and the overall security of our servers.

F. Customer agrees to keep their password secure. If Customer gives anyone else access to their account, Customer will remain legally and financially liable for any and all actions and/or damages incurred through the use of that account-including but not limited to: account termination, legal action, fees, fines and restitution. Customer retains responsibility for any and all actions involving Customer's account whether the Customer or someone else was directly responsible for those actions. If someone else accesses Customer's account or processes, with or without Customer's permission, and takes any action that violates these policies, the account will subject to actions as set forth in this document up to and including account termination without refund and possible legal action. Customer notes there is only 1 connection per process, each BNC = a process.

G. Xzibition reserves the right to take any action deemed necessary to preserve the integrity of our network and servers and to protect our Customers from abuse. This includes but is not limited to: instituting temporary blocks on IP address who are receiving Denial of Service attacks, restricting access to certain internet protocols such as ICMP (ping) and UDP traffic and restricting access to certain services such as crontab on an individual basis. Xzibition will determine what is and is not necessary.

H. All shell accounts must stay within their set quotas. Terminator scripts will automatically kill processes that exceed the max number of processes for any given account type or which exceeds allowed CPU/Memory usage limits. Xzibition reserves the right to terminate any process that exceeds 5% CPU or 3%memory usage. Processes may be terminated manually or through the use of a "puppydog" or terminator script.

I. Any Customer found to be running or to have files in their account to run a non allowed type of process (such as but not limited to Clone bots, Drone bots, EMech bots, XDCC bots, DDoS bots/tools, any application containing DoS/flood/spam abilities, any application that is multi-headed (can load multiple connections per process), game, http/ftp/socks proxies, any non irc-related proxy, Shoutcast servers or any application which can be interpretted as malicious or used maliciously) may be immediately terminated without refund on a case by case basis. Likewise any customer found to be allowing or having xdcc botnets or ddos botnets to connect to thier IRCd or any other processes will immediately have thier accounts terminated without refund.

J. At no time may Customer use our services to inhibit, restrict, restrain, impair or otherwise negatively impact the services of any other person, company or entity.

K. Email- Spam, unsolicited mass mailing and transmission of malicious code is strictly prohibited from our servers.

L. Web pages associated with shell accounts are not to be used for commercial purposes.

M. Network connections will be restricted to no more than 1 concurrent connection per process and must not exceed process CPU/ Memory restrictions.

N. Only Shell Account holders may run any type of IRC related processes from our servers.

O. Reselling services or space on our shell servers is strictly prohibited and will result in immediate termination of Customer's account without notice or refund.

P. Abusive language or behavior towards the corporate or volunteer staff, whether it be via regular mail, email, in the administrative IRC channel, over the phone or by instant message or any other means will not be tolerated and may result in the Customer's account being terminated for abuse without refund.

Termination of Servicetop


A. Customer must request termination of service at least 7 days prior to the expiration of their current billing cycle by sending an email to billing@xzibition.com . This email must include the following information: name of the account holder, username, security word and whether they wish to terminate service immediately or at the end of the current billing cycle. Failure to include this information may result in your request not being processed. Once your request has been received and processed, Customer will be sent a cancellation confirmation notice via email to the address currently on file.

B. Xzibition reserves the right to immediately terminate any account, with or without prior notification, that is found to be in violation of these policies. Xzibition retains the right to refuse to renew any given account for any reason or no reason stated.

C. In the event of insolvency by either party, this agreement will be considered ended as of date of notification of the other such insolvency.

Refundstop


Please see our Refund Policy

Abusetop


Violation of this Acceptable Use Policy will result in the immediate termination of Customer's account with or without prior notice and without eligibility for refund of any moneys paid and may result in legal action against the Customer.

Abuse can be reported to abuse@xzibition.com, Please make sure to include documentation supporting abuse claims.

Representations and Warrantiestop


A. Xzibition is responsible for normal server support, maintenance and security. Basic Technical Support is available to assist Customers and is provided by employees and by a Volunteer Technical Support Team. Unless included in the cost of a package or purchased separately, we are not responsible for coding, configuring, administering or maintaining any bot, process, website or account. Volunteer tech support is available on an "as time allows" basis.

B. Xzibition does backup all files. However, it is still the Customer's responsibility make and keep frequent backups of their files.

Limitations and Liabilitiestop


A. Xzibition is in no way responsible for any content that may be accessed via the Internet through our services or through any other means. Nor is Xzibition responsible for any damage that may result to the users individual equipment or person from accessing such content, whether indirectly, directly, real, stated or implied.

B. Xzibition is in no way responsible for any content posted by any of its Customers whether via website, BBS, Newsgroup or other type of posting. Xzibition hereby disclaims responsibility for the actions of any individual IRC user. Further, Customer agrees to totally indemnify Xzibition from any liability, whether civil or criminal that may occur due to individual actions within any given IRC channel, bot or process or as the result of posting to forums, on websites or any other type of electronic media and to take sole responsibility for any and all actions taken by, with or through the use of our services.

C. IRC Users: It is the responsibility of each individual Customer to know and abide by the rules of any network they use, connect to or otherwise have dealings with. Failure to follow the rules of any given network may result in our Xzibition receiving restricted access or being denied access to their networks and will result in Customer's account being terminated without notice or refund.

D. Any Customer who has an account terminated by Xzibition for policy violations or abuse will be prohibited from opening a new account at any time in the future. Any Customer who has an account terminated for nonpayment of fees due may or may not be allowed to re-open a new account at Xzibition's discretion based on prior payment history and individual circumstances.

Miscellaneoustop


A. All Account holders must be at least 18 years of age. Minors must have a parent or guardian open an account and authorize the use of that account by the minor. Adult account holder will be held legally and financially liable for any and all actions taken by, with or through use of said account.

B. Customer agrees that Xzibition may use any comments for advertising purposes for an indefinite time and without expectation of payment or any type of remuneration for the use of said comments and further releases Xzibition for any liability involved in the use of such comments. Hard Copy of all comments used for this purpose are kept on file in our offices.

C. Any reference to gender in these policies shall include all genders, and words implying the singular number only shall include the plural and vice versa.

D. All monetary references in these policies are expressed in US currency.

E. There are no representations, warranties, conditions or other agreements, express, implied, statutory or otherwise, between the Parties in connection with the subject matter of Agreement except as set forth by the Billing, Email and Acceptable Use Policy Agreements.

F. No waiver of any provision of these Agreements or Policies shall be deemed to constitute a waiver of any other provision (whether similar or not).

G. The Parties shall attempt to resolve any disputes in accordance with Better Business Bureau standards prior to litigation.

H. Neither party shall be liable to the other for damages of any sort resulting solely from terminating this Agreement in accordance with its terms, but each Party shall be liable for any damage arising from any breach by it of this Agreement.

I. Neither Party shall be responsible for damages or any failure to perform any obligation or to provide service hereunder because of any Act of God, strike, work stoppage, governmental acts or directives, war, riot or civil commotion, equipment or facility shortages, outages or failures beyond the Party's reasonable control.

J. Each Party hereto shall execute and/or cause to be delivered to the other Party hereto such instruments and documents and shall take other such actions as the other Party may reasonably request, for the purpose of carrying out or evidencing any of the transactions contemplated by this Agreement.

K. During the period of this Agreement, Customer agrees that Xzibition may: 1) revise the terms and conditions of this Agreement; and 2) change the services and prices of the services provided under this Agreement. Any such change or revision will be binding and effective immediately on the posting of the revised Agreement and/or posting of the changes on Xzibition's website, or upon notification to Customer via regular mail or email. Customer further agrees to periodically review this website to acquaint themselves with any changes or revisions to these policies. If Customer does not agree to any change in policy or Agreement, Customer may terminate their service in accordance with the guidelines set forth in this document. Client agrees that by continuing to use the services provided by Xzibition following notice of any revision to this Agreement or change in service, Customer agrees to abide by any such revisions or changes.

L. If any legal action or other legal proceeding (including arbitration) relating the performance under this agreement or the enforcement of any provision containing herein is brought against any Party hereto, the prevailing Party shall be entitled to recover reasonable attorney' fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).

M. Customer shall not assign, sublicense or transfer its rights and obligations under this Agreement to any third party. Customer retains legal and financial responsibility for their account.

N. No failure on the part of any Party to exercise any power, right or privilege or remedy under this Agreement, and no delay on the part of any Party in exercising any power, right, privilege or remedy under this Agreement shall constitute a waiver of such power, right or privilege or remedy; and no single or partial exercise or waiver of any such power, right or privilege or remedy shall preclude any other or further exercise thereof or of any other power, right or privilege or remedy. No party shall be deemed to have waived any any claim arising out of this Agreement, or any power, right or privilege or remedy under this Agreement, unless the waiver of such claim, power, right or privilege or remedy is expressly set forth in a written instrument having been duly executed and delivered on behalf of such Party; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.

O. In no event will Xzibition be liable to Customer for any special, indirect, incidental, punitive, exemplary or consequential damages, or any damages resulting from loss of profits arising out of or in connection with this Agreement, even if Xzibition has been advised of the possibility of such damages.

P. Customer understands and agrees that all services provided by Xzibition are provided on as "AS IS" basis, without warranties of any kind, including but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the materials and/or services provided you by Xzibition is borne solely by the Customer. Should the services provided by Xzibition prove defective or cause any inconvenience or damage to Customer's computer or other property, Customer and not Xzibition assume the entire cost of any and all damages which may arise from any and all such defects. NO REFUNDS WILL BE ISSUED FOR DOWNTIME. This disclaimer of warranty constitutes an essential part of this Agreement. Some states do not allow exclusions of an implied warranty, so this disclaimer may not pertain to Customers in those states. Customer may or may not have other rights that vary on a state-by-state basis.

Q. Sales / promotional offerings, From time to time we may run sales, and or promotional offerings to try to bring in new business. With these sales and offerings existing customers can not take advantiage of the new prices. Any time we run a sale it isto bring in new customers and only for that purpose. It is not to go into debt for existing customers, but to insure the continuity of services for existing customers.

R. Processes (BG), Customers are hereforth notified that one connection to IRC is equal to one processes (BG). Sharing access to a BNC, (bouncer) "secure/ password protected IRC proxy" will be grounds for account upgrade to the pakage with the amount of connections (BG) = Processes the customer is using in sharing the BNC (bouncer) "secure/ password protected IRC proxy". BG is defined as both background and foreground processes.

S. This Agreement, which includes or references all applicable appendices constitutes the entire agreement between the Parties concerning the subject matter hereof and supercedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, whether written or oral, with respect to the subject matter expressly set forth herein. If any provision of this Agreement is shall be held to be illegal, invalid or unenforceable, each Party agrees that such provision shall be enforced to the maximum extent permissible so as to effect the intent of the Parties. The Parties shall negotiate in good faith to amend this Agreement to replace the unenforceable language with enforceable language that reflects such intent as closely as possible. This Agreement shall be governed by and construed under the laws of the state of Indiana and the United States as applied to agreements between Indiana state residents entered into and to be performed within the state of Indiana, except as gGoverned by Federal law.

By submitting a request for service form, paying for, accessing and/ or using services of Xzibition , you accept and agree to be bound by all the stated and/or implied terms contained herein.

E-mail: admin@xzibition.com
$LastChangedDate: 2010-01-25 11:43:35 -0600 (Mon, 25 Jan 2010) $