Terms of Service
xlhost guidelines, requirements, and legal policies
Acceptable Use Policy
This document sets forth the principles, guidelines and requirements of the Acceptable Use Policy of XLHost, governing the use by the Customer ("Customer") of the XLHost's services and products ("Services and Products"). The Purpose of XLHost's Acceptable Use Policy, hereinafter referred to as the AUP, is to comply with all federal, state, and local laws coupled with protecting the network security, network availability, physical security, Customer privacy, and other factors affecting the services provided by XLHost. XLHost reserves the right to impose reasonable rules and regulations regarding the use of its services provided to all Customers and such rules and regulations are subject to change. The AUP is not an all inclusive exhaustive list and XLHost reserves the right to modify the AUP at any time as needed, effective upon either the posting of the modified AUP or notification to the Customer via email. Acceptance and execution of the Master Services Agreement binds all parties to XLHost stated AUP at the time the contract is executed and as modified from time to time. Any violation of the AUP may result in the suspension or termination of Customer account(s) or such other action as XLHost deems appropriate. No credits will be issued for any interruption in service resulting from policy violations.
VIOLATION OF ANY SECTION OF THE AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES CUSTOMER RECEIVES FROM XLHOST.
Any questions or comments regarding the AUP should be directed to the abuse department.
Compliance with Law
Customer shall not post, transmit, re-transmit or store material on or through any of Services or Products which, in the sole judgment of XLHost (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, "Persons") or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Customer. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.
Customer Security Obligation
Each Customer must use reasonable care in keeping each server or network devices attached to XLHost's infrastructure up-to-date and patched with the latest security updates. Failure to use reasonable care to protect a server may result in a security compromise by outside sources. XLHost is not responsible for Customer server level security unless a security administration package, firewall security administration package or fully managed operating system package is contracted for and maintained. A compromised server creating network interference will result in immediate Customer notification and will be disconnected from the network immediately so as to not directly affect other Customers. No service credits will be issued for outages resulting from disconnection due directly to breached server security. The Customer is solely responsible for any breaches of security affecting servers under Customer control, including repairing the system, terminating the account(s) of the abusive user(s), and reporting occurrence of the issue to the abuse department.
System and Network Security
Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. XLHost investigates all incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected.
Examples of system or network security violations include, without limitation, the following:
- Introduction of malicious programs into the network or server (example: viruses, worms, Trojan Horses, key loggers, and other executables intended to inflict harm).
- Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient or logging into a server or account that the Customer is not expressly authorized to access. For purposes of this section, "disruption" includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing and forged routing information.
- Executing any form of network activity that will intercept data not intended for the Customer's server.
- Circumventing user authentication or security of any host, network or account, including “cracking.”
- Interfering with or denying service to any user, host, or network other than the Customer's host (example: denial of service attack or distributed denial of service attack).
- Conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including but not limited to the forging of packet headers (“spoofing”) or other identification information.
- Using any program script/command, or sending messages of any kind, designed to interfere with or to disable, a user's terminal session, via any means, locally or via the Internet.
- Failing to comply with the company's procedure relating to the activities of Customers on the Company's premises. Violators of the policy are responsible, without limitations, for the cost of labor to correct all damage done to the operation of the network and business operations supported by the network. Such labor is categorized as emergency security breach recovery and is currently charged at $100.00 USD per hour required. Network interference by any Customers that may cause or is currently causing network interference with another Customer will be disconnected immediately. No service credits will be issued to Customers disconnected for network violations.
Each Customer is expected execute reasonable Internet etiquette (Netiquette), the accepted behavior and expectations of the Internet community. The Customer will comply with the rules appropriate to any network to which XLHost 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, libelous, and tortuous, indecently depicts children or is likely to result in retaliation against XLHost by offended users. XLHost 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.
XLHost will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the XLHost network, and will be liable for illegal material posted by their clients.
According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation 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 sexual organ or the anal region of 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 Child Protection Act should be reported to the U.S. Customs Agency at 1-800-BEALERT.
XLHost datacenter infrastructure including network, leased hardware, co-location services, and other hardware located in the facility 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; including creating, utilizing, distributing unauthorized copies of software, or the use of BitTorrent or other types of technologies utilized in the distribution of illegally copied materials. If Customer copies, distributes or installs software in defiance of the license agreement, Customer is violating federal copyright law. XLHost will cooperate with all law enforcement agencies in relation to alleged copyright infringement housed in our datacenters.
Contact the abuse department to report copyright infringement.
Data Unlawful or Against the AUP: Promoting violation of the law or the AUP by hosting data that facilitates the violation is prohibited, including but not limited to:
- Hosting web pages that detail the methodology of committing unlawful acts, or acts violating this AUP.
- Hosting software, scripts, or other resources intended to facilitate committing unlawful acts, or acts violating this AUP.
- Advertising, transmitting, storing, or using any software, script, program, product, or service designed to violate this AUP.
- Harvesting. The collection of email addresses, credit card information, or other personal information for fraudulent use or sale is prohibited.
- Phishing. Hosting web pages with forwards to, containing scripts or executables for, or any other component of an operation designed to fraudulently collect authentication, credit card, names, addresses, or any other personal data (“phishing”) is not permitted.
- Spamvertised Sites. Hosting web pages advertised by spam sent from another network (“spamvertised”) is not permitted.
Email Spam. XLHost has a zero stance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of XLHost whether or not the message actually originated from our network.
Block Removal. If Customer actions have caused XLHost mail servers or XLHost IP address ranges to be placed on black hole lists and other mail filtering software systems used by companies on the internet, Customer will be assessed a $100 charge to Customer account and $100 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.
- Drop-Box Accounts. Using this network for the receipt of replies to unsolicited mass email (spam) sent from a third-party network is prohibited.
- Header Forgery: Forgery of email headers (“spoofing”) is prohibited.
- Proxy Spamming: Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software is prohibited.
- Relaying. Configuration of a mail server to accept and process third-party messages for sending without user identification and authentication is prohibited.
Mass Mailings: Sending mass unsolicited email is considered spam. Unsolicited email is defined as email sent to a recipient who has not double-opted in to mailings from the Customer. Senders of mass mailings must maintain complete and accurate records of all opt-ins, including the email and its headers if applicable, and provide such records to XLHost upon request. If positive and verifiable proof of opt-in cannot be provided, complaints from recipients of the mailing are considered proof they did not subscribe and the mailing is unsolicited.
Mailing lists: XLHost's mass mailing rules also apply to mailing lists, list servs, or mailing services contracted for by Customer. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for e-mail information using a double opt-in process or that has made their e-mail address available to Customer for distribution of information. The list must also allow for automatic removal by all end Customers with non-distribution in the future.
By agreeing to this AUP, Customer affirms that the contact and payment information provided to XLHost identifies Customer and that Customer is authorized to use the payment method. Commitment of fraud, obtaining services, or attempting to obtain services by any means or device with intent to avoid payment is prohibited.
XLHost under no circumstances allows the operation of IRC servers within the network. We do not allow incoming or outgoing connections or services which connect to, provide support for, or operate within IRC.
Sales Tax Policy
All Ohio residents will be charged Ohio sales tax. Residents of other states are responsible for appropriate sales taxes in their state. Customers outside United States are responsible for any tariffs or taxes imposed by their government.
XLHOST SHALL NOT BE lIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE PRODUCT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF USE, LOST DATA, PHONE BILLS, LOSS OF PRIVACY, DAMAGES TO THIRD PARTY EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABIliTY SHALL APPLY WHETHER ANY CLAIMS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR OTHERWISE. FURTHER, PROVIDER WILL NOT CENSOR ANY CONTENT ON THE INTERNET. IT WILL BE THE CLIENT'S RESPONSIBILITY FOR THE USAGE OF HIS ACCOUNT AND ANY CONSEQUENCES OF THIS USAGE.
Billing and Cancellation
All recurring bill cycles are on the first of each month. Hence, all cancellations must be made prior to the first of a month in order to avoid being billed for an additional month.
Cancellations made on or after the first will be subject to that currents months billing and set for end of the month cancellation.
Service Upgrades / Transfer
Hosting service prices shift and fluctuate with the price of hardware, bandwidth, and due to specials and promotions XLHost may run. If a customer orders a new server with the intention of replacing an older server and IP re-assignment, hard disk relocation, licensing, or other network related tasks are required, a one-time administrative fee of $75 can be assessed per server replaced (at the discretion of XLHost).
Suspension and Termination
XLHost will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference as reasonably possible. XLHost reserves the sole right to suspend service to any Customer located in our datacenter for violation of the AUP without notice. XLHost reserves the right to terminate service without notice for any violations of the AUP. An additional $35 fee will be assessed for reinstatement of any and all servers that were taken offline due to non-payment of service or abuse related issues.
Violations of the AUP will result in the following:
- A warning notification via email.
Failure to resolve the AUP violation within 24 hours will result in the following:
- Temporary shutdown of the server
- IP address routing to null
Repeat violation of the above terms will result in the following actions.
- Immediate disconnection of service with no re-activation.
$100 fee assessed to Customer account for violation.