All The Legal Stuff That Keeps Us Solid and Reliable
Xen Severs NowLLC ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS and AUP agreements. Use of Xen Servers Now Service constitutes acceptance and agreement to the Terms of Service and Acceptable Use Policy. Changes to the TOS or Acceptable Use Policy by the Company shall not be grounds for early contract termination or nonpayment. This Agreement shall be construed in all respects in accordance with and governed by American Law and shall be subject to the exclusive jurisdiction of the American Courts.
Acceptable Use Policy
XEN SERVERS NOW ("AUP") is provided to give our customers a clear understanding of what Xen Severs Now expects of them while using the service. All users must comply with this AUP and our TOS (Terms of Service).
1.) 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 (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Xen Severs Now may cooperate with legal authorities the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of your Xen Severs Now account WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understand of XEN Servers Now Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Xen Severs Now's AUP:
- Ensure reliable service to our customers
- Ensure security and privacy of our systems and network, as well as the networks and systems of others
- Comply with laws
- Preserve the value of the Internet as a source for free expression and exchange of information
- Preserve the privacy and security of individual users
Xen Servers Now intends to provide its customers access to everything the Internet has to offer. While web Hosting is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both the Xen Severs Now and the Internet and cannot be permitted under the guise of free speech. The resources of the Xen Severs Now and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.
You may not use your account if Xen Severs Nowdetermines, 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. NO ADULT orientated material may be stored on your account.
If a Xen Severs Now account is used to violate the Acceptable Use Policy or 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.
As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at our ABUSE DEPT.
VIOLATIONS OF Xen Severs Now ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
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.
- Illegal use: Xen Severs Now's services may not be used for illegal purposes, or in support of illegal activities. Xen Severs Now reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
- Harm to minors: Use of the Xen Severs Now service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
- Threats: Use of the Xen Severs Now 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 Xen Severs Now service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
- Fraudulent activity: Use of Xen Severs Now 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 Xen Severs Now 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 Xen Severs Now account.
- 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 Xen Severs Now account.
- E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Xen Severs Now service is in violation of this AUP.
- Usenet/message board SPAMing: Xen Severs Now 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 newsgroups or mailing list or that are solicited by the recipients are permitted.
- Unauthorized access: Use of the Xen Severs Now service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Xen Severs Now'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 Xen Severs Now account is subject to immediate termination.
- Copyright or trademark infringement: Use of the Xen Severs Now 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: Use of the Xen Severs Now service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
- Network disruptions and unfriendly activity: Use of the Xen Severs Now service for any activity which affects the ability of other people or systems to use Xen Severs Now 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. Xen Severs Now 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.
- 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 Xen Severs Now services could result in suspension service. Using our IP address space or ASN for unaothorized Scraping.
- Third Party Accountability: Xen Severs Now 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.
- Unacceptable material on all Shared, Reseller and Dedicated Servers include: host illegal adult content, including, but not limited to; child pornography. IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, file dump, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts
- Your password provides access to your account. It is your responsibility to keep your password secure.
- repeated offense Failing to keep your websites or web server secure EG: running outdated software that is exploitable, easy to guess passwords ,etc
- 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.
- Using Your Account as A storage device Your Web Hosting Account is For Web Hosting purposes Only (shared hosting accounts only)
- 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.
- Use Of IRC Bots or setting up of IRC software (other than what is preinstalled ) is strictly prohibited on a shared hosting account (Dedicated servers different rules apply please inquire first).
- Users who violate systems or network security may incur criminal or civil liability. Xen Severs Now 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.
Xen Servers Now 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 Xen Severs Now systems or networks. Xen Severs Now reserves the right to terminate or limit such activities.
Exceptions to above Dedicated server clients are not restricted CPU time, memory, disk space and session time.
REPORTING VIOLATIONS OF Xen Severs Now AUP Xen Severs Now requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at HERE. If available, please provide the following information:
Any account found to be launching Denial Of Service attack will be swiftly suspended pending investigation. During the investigation, if it is found that the attack was intentional, a $150 fine must be paid for reactivation
- 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. Xen Severs Now may take any one or more of the following actions in response to complaints:
- Issue written or verbal warnings
- Suspend the Member's account
- Terminate the Member's account
- Bill the Member for administrative costs discussed below.
- Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations
- In the case of attacks continuing once your account has been reactivated, your account will be terminated without refund.
SPAM and Unsolicited Commercial E-mail (UCE): Xen Severs Now takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail or spamvertizing sites (UCE) or SPAM over our network. Very simply this means that customers of Lowest Host may not use or permit others to use our network to transact in UCE. Customers of Lowest Host may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
- Violation of Xen Severs Now's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Xen Severs Nowwill initiate an immediate investigation (within 12 hours of notification). During the investigation, Xen Severs Nowmay restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Lowest Host may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Lowest Host reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Lowest Host will notify law enforcement officials if the violation is believed to be a criminal offense.
Violations of this policy may result in the immediate termination of your account. Users who violate this policy agree that they will pay
"Research Fees" will be charged at $50 per hour not to exceed $150 (1 Hr min) per hour that Lowest Host personnel must spend to investigate the matter.
Penalty of $1.00 per Spam message sent will be levied.
For each RBL or block list We are listed to a fee of $150 per incident
Resellers You will be levied to above fees if one of your customers send Spam
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to; the facilitation of the means to send Unsolicited Bulk E-mail, initiation of pinging, flooding, mail-bombing, denial of service attacks is prohibited.
- E-mail address cultivating, or any unauthorized collecting of e-mail addresses without prior notification of the e-mail address owner is strictly prohibited.
- Operating an account on behalf of, or in connection with, or reselling any service to; persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.
PLEASE, DO NOT SPAM from your account.
Generally, if what you're hosting is legal, we're fine with it.
Here are a few things we don't like that will get you suspended/terminated are:
- Child pornography
- IRC Software We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network
- Hacking sites, programs or archives
- Distribution of music or movie files or any other material in which the account holder does not own the copyright.
- Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted material
- Advanced Fee Fraud
- Warez Sites (includes Warez Linking)
- Escrow, High-Yield Interest Programs (HYIP) or related sites
- Investment sites (FOREX, egold exchange),
- AutoSurf sites
- Lottery sites
- Hacker focused sites
- Sites promoting illegal activities
- Anonymous proxies
- Peer to Peer file sharing
- Distribution of Malicious files viruses, malware, etc
- Any sort of identity theft fraud sites/software
- Phishing schemes
XEN SERVERS NOW. Will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.Hosting of any of the following files is considered a violation of the terms of service: IRC - We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited. Proxies - We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited. PortScanning - We do not allow any kind of portscanning to be done on or from our servers or network.
Per Service Type - as well as all of the above
Examples of Service types:
- Shared Hosting (web site owners & resellers who are on a server with others)
- Virtual Private Server (VPS/VDS)
- Dedicated Server
Virtual Private Servers
Bittorrent - Bitorrent or Bittorrent Tracker software
Resource Usage -
- Excessive CPU Share (virtuozzo servers only): Any VPs caught monopolizing the use of 1 or more of the CPU cores will be asked to remove the application causing the issue
- Ram Usage: Any VPs that is monopolizing Burst Ram (not applicable to servers ordered after Jan1 2009)
- No restrictions all is allowed with the exceptions of the global disallow and terms listed above and in our AUP
- Bittorrent is allowed (legal content only)
- Chat servers are allowed (no connection to global network)
Bittorrent - Bittorrent or Bittorrent Tracker software
Resource Usage -
- Use 25% or more of system resources for longer than 90 seconds. This includes Cpu, Ram,. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
- .Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons
- Run any type of web spider or indexer (including Google Cash / AdSpy)
- Participate in any file-sharing/peer-to-peer activities
- Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
- Disk Inode usage any account using more than 25,000 inodes will be removed from our backup queue