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Terms Of Service

XygenHosting provides a TOS to let our customers know what we expect out of them when they use our services so there is no confusion.

Use of XygenHosting's Service constitutes acceptance to the XygenHosting TOS.

All payments made to XygenHosting are non-refundable unless approved by XygenHosting management staff.

We may remove any materials that, may be illegal, may subject us to liability, or which may violate our TOS. XygenHosting may cooperate with legal authorities and/or third parties in the investigation of any suspected. Your violation of this policy may result in the suspension or immediate termination of your account.

We will always ensure security and privacy of our systems and network, comply with exisiting laws, encourage responsible use of the Internet, preserve the privacy and security of our users, and ensure reliable services to our customers.

We do not routinely monitor the activity of accounts except for measurements 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 service. Also, we only do business on a Company to Client basis, there is no middle man. If you have a request you must come to us personally and we will do our best to resolve it for you.

You may not use your server or virtual site to publish material, which XygenHosting 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 fraud is suspected on your account or there is knowledge that is given to us that leads us to belive that your account is fraudulent, we will immmediately investigate and take appropriate action, which may include immediate account suspension or termination.

If a XygenHosting account is used to violate our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy 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.

If you have any questions regarding this policy, please contact us at support@xygenhosting.com.

The following constitute violations of our TOS:

1. Illegal use: XygenHosting's services may not be used for illegal purposes, or in support of illegal activities. XygenHosting reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

2. Harm to minors: Use of XygenHosting service to harm, or attempt to harm, minors in any way, including but not limited to, child pornography. Any account found to host child pornography or linking to the same will be removed from our network immediately without notice. Upon a second violation the account will be immediately terminated without notice. Severe cases can result in immediate termination. Any implication of underage content or misleading information perceived to be child pornography will result in the same penalties. All violations will be reported to the appropriate law enforcement agency. Any account found to host "Lolita" type content or linking to the same will be given one hour to remove the offending content/domain. Upon a second violation the account will be removed from our network immediately without notice. Subsequent violations can result in the termination of the server without notice. Severe cases can result in immediate termination. Any implication of underage content or misleading information perceived to be underage content will result in the same penalties. All violations will be reported to the appropriate law enforcement agency.

3. Threats: Use of XygenHosting service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

4. Harassment: Use of XygenHosting service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

5. Fraudulent activity: Use of XygenHosting 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."

6. 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.

7. Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. SPAM /illegal content advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. You will not use your account for any bulk-mailing carried out for a third party including and not limited to another domain off our network. If you are found to have spammed, then we will immediately, without warning, disable your account. In addition, we will impose a $150 penalty for each spam policy violation. Penalty for subsequent violations will be higher. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy.

IMPORTANT NOTICE: BEGINNING IMMEDIATELY, any website that supports spammers or causes any of our IP space to be listed in any of the various Spam Databases may have their account immediately removed from our network. The account will not be reactivated until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any account guilty of a second violation WILL be immediately and permanently removed from our network without notice.

8. E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending XygenHosting account.

9. E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through XygenHosting service is in violation of our TOS.

10. Usenet SPAMing: XygenHosting 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 newsgroups 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.

11. Unauthorized access: Use of XygenHosting service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of XygenHosting 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 account is subject to immediate termination.

12. Copyright or trademark infringement: Use of XygenHosting service to transmit any material (by e-mail, uploading, posting, hot linking, directly linking 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.

13. Collection of personal data: Use of XygenHosting service to collect, or attempt to collect, personal information about third parties without their knowledge or consent is violation of our TOS.

14. Network disruptions and unfriendly activity: Use of XygenHosting service for any activity which affects the ability of other people or systems to use XygenHosting Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. XygenHosting 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.

15. Net Send Spam: The use of the net send utility to send unsolicited bulk communication is prohibited. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service.

16. Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

17. 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.

18. 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.

19. Third Party Accountability: XygenHosting subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.

20. Domains Chargeback Resolution: If the charge for a domain or set of domains is charged back, XygenHosting has the right to take control of the domain or set of domains that was paid for by the disputed charge. XygenHosting will change the domain account information as needed to take control of the domain or set of domains. The user is not guaranteed to be contacted in the event that a chargeback is received.

Security: You are responsible for any misuse of your account, even if the inappropriate activity was committed by a 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. XygenHosting 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: XygenHosting accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which 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 customers or the performances of XygenHosting systems or networks. XygenHosting reserves the right to terminate or limit such activities.

 



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