Introduction. XIT Communications and/or its affiliates (collectively “XIT”) is committed to providing its customers (“Customers”) with fast and innovative telecommunications service (“Services”) for individual or business use. To accomplish this purpose, XIT has adopted this Acceptable Use Policy (“AUP”). This AUP is in addition to other rules, guidelines, agreements, or policies available at XIT’s website at http://xit.net/terms_use.asp (“Website”), which are incorporated herein by reference and made a part of this AUP. By using the Services, Customer agrees to comply with this AUP and to remain responsible for Customer’s users.
Modification. XIT reserves the right to change or modify the terms of this AUP at any time by posting a new version of the policy on the Website. Revised versions of the AUP are effective immediately upon posting to the Website. Customer’s continued use of the Services after revised versions of the AUP are posted to the Website shall constitute acceptance of any changed or additional terms. It is recommended that Customer regularly visit the Website and review this AUP and any additional policies to ensure that Customer’s activities conform to the most recent version of the AUP.
Customer Obligations and Acknowledgements.
The Customer remains solely and fully responsible for the content of any information, data, content, material, or software published, submitted, received, posted, hosted, downloaded, uploaded, used, copied, reproduced, transmitted, re-transmitted, distributed, stored, disseminated, created, or accessed by the Customer using the Services. XIT has no responsibility for any information, data, content, material, or software published, submitted, received, posted, hosted, downloaded, uploaded, used, copied, reproduced, transmitted, re-transmitted, distributed, stored, disseminated, created, or accessed on the XIT network or through use of the Services, including information, data, content, material, or software provided on third-party websites linked to the XIT network. Such links are provided as Internet navigation tools for informational purposes only, and do not constitute in any way an endorsement by XIT of the content of such sites.
The Customer is solely and fully responsible for any use or misuse of the Services that violates this AUP by anyone else the Customer permits to access the Services including, but not limited to, a friend, family member, or guest. The Customer is responsible for taking prompt corrective actions to remedy a violation of the AUP and to help prevent similar future violations, whether instructed by XIT to do so or not.
Customer acknowledges that the Internet contains some information that may be deemed offensive, obscene, or adult in nature. Customer accesses such information at his or her own risk and understands that XIT has no way to limit access to this material. By making use of the Services or an XIT account, the Customer certifies to XIT that he or she is eighteen years of age or older. If the Customer allows an individual under eighteen years of age to access the Internet from Customer's XIT account, Customer takes full responsibility for the minor's access to any information that might be viewed as adult or unsuitable and agrees to hold harmless and indemnify XIT for any damages, liability, claims, or charges that arise from said minor's use of the Services.
XIT makes no warranties that any information, software, or other material accessible through the Internet is secure, protected from hackers, or free of viruses, cancelbot, spyware, worms, trojan horses, or other harmful components. Customer is solely responsible for maintaining adequate firewall protection, anti-virus, spyware, and other spam protection. The Customer further understands that XIT cannot monitor or prevent any viewing or interception of Customer's e-mail, downloads, news, etc., by other customers or individuals at XIT or on any network. While XIT does not monitor the content of the Customer's e-mail, Use-net postings, downloads, etc., the Customer understands that XIT has the right to monitor user activity if said activity is adversely impacting XIT Services and/or another site. XIT will not, however, disclose user activity to another site or entity unless legally required, including without limitation by court order or subpoena.
The Customer understands that, while XIT makes every effort to maintain the security of its machines and user-IDs, XIT is not liable if Customer's user-ID is compromised. Further, the Customer is expected to maintain a secure password consisting of no known word or phrase and using numbers, characters, and (optionally) punctuation. Hence, the Customer may be held liable for any actions taken by an individual or group who has obtained the Customer's password and used it to access the Customer’s account. Under no circumstances is XIT liable for the actions taken by a compromised account.
Prohibited Use.
The Services and XIT accounts may only be used for lawful purposes in compliance with this AUP. The Customer may not use the Services in any way that is unlawful, harmful to, or interferes with use of XIT’s network or systems, or the network of any other provider, interferes with the use or enjoyment of services received by others, infringes intellectual property rights, results in the publication of threatening or offensive material, or constitutes Spam / E-Mail / Usenet abuse, a security risk, or a violation of privacy, regardless of intent, purpose, or knowledge.
The Services shall not be used in a way that could lead to the misappropriation, infringement, or violation of intellectual-property, privacy, or publicity rights of any individual, group, or entity, without obtaining the required prior permission of such individual, group or entity. XIT has no obligation to investigate possible copyright infringements with respect to information, data, content, material, or software transmitted by any Customer. However, XIT will process valid notifications of claimed infringement under the Digital Millennium Copyright Act in accordance with the DMCA Compliance Policy available on the Website.
Use of an XIT account to gain passwords, encryption codes, or other security information of XIT or other sites on any computer network is grounds for immediate termination and, if illegal, may be reported to the proper authorities. Use of an XIT account to break into an XIT or other site's machine is also grounds for immediate termination and may be reported to the affected site and the proper authorities.
Compliance with Netiquette Rules. Customer agrees to abide by the generally accepted rules of netiquette and the applicable rules and policies of any networks or services accessed while using XIT or the Services (“Netiquette Rules”). If a violation of the Netiquette Rules results in corrective action by XIT, the Customer will be liable for all costs required by and associated with such corrective action. The following is a non-exhaustive list of violations of the Netiquette Rules. It is the responsibility of the Customer to familiarize himself/herself with Netiquette Rules. Violations of said rules and policies may be grounds for termination of Customer's account with XIT, with Customer agreeing to abide by XIT's interpretation of said rules and policies.
Using an XIT mail server to "mail bomb" users/sites on the net. Mail bombing in this sense refers to sending very large and/or excessive messages to a user or site, usually in the hopes of filling their disk space or quota and causing their mail server to crash or their mail to bounce.
Sending unsolicited e-mails that will likely provoke complaints from the recipient.
Posting a single article or substantially similar articles to an excessive number of news groups (e.g., more than 10) that will likely provoke complaints.
Continued harassment of other users, whether customers of XIT or not, after being asked to stop the correspondence.
Sending mass e-mails (e.g., more than 20 recipients) that provoke complaints to XIT, or sending e-mail of such a large volume or size that it adversely affects an XIT-contracted mail server.
Posting and/or e-mailing pyramid schemes and/or chain letters to any news group, mailing list, or individual.
Making repeated off-topic, offensive, or harassing posts. While XIT does not monitor the contents of its users' posts, it does expect the Customer to abide by the charter of each news group and will respond to complaints of repeated charter violations.
Engaging in any of the above from another provider and referencing an XIT mail account or WWW page in the message.
Running bots or other automated processes on any IRC server, whether said server is run by XIT or not.
Harassing other IRC users, whether by kicking them off a channel, mass messaging, or other means.
Impersonating another user and/or forging header information on e-mail or posts.
Using an FTP server of XIT or another site to exchange and/or store pirated software or software designed to facilitate piracy.
Limitation, Suspension, and Termination of Services.
Customer understands that XIT reserves the right to terminate any account or access to the Services for any reason and at any time, with or without cause. Customer's sole remedy is to receive a prorated refund for prepaid but unused Services.
XIT reserves the right to move or delete the Customer's mailbox if said mailbox has reached a size that is adversely affecting system performance. Further, Customer acknowledges that XIT has the right to kill any mail processes being run by the Customer that are adversely affecting system performance. In these and all instances of system performance being affected, XIT is the sole judge of what is adverse.
XIT reserves the right to decline to provide the Services if the content is determined by XIT to be obscene, indecent, hateful, malicious, bigoted, defamatory, fraudulent, libelous, treasonous, inconsistent with others’ privacy/security, or excessively violent or promoting the use of violence or otherwise harmful to others.
XIT reserves the right to act immediately and without notice to limit, suspend, or terminate affected Services in response to a court order or government notice, or when XIT reasonably determines that the Customer’s use of the affected Services may: (i) expose XIT to sanctions, prosecution, civil action or any other liability; (ii) cause harm to or interfere with the integrity or normal operations of XIT’s network or networks with which XIT is interconnected; (iii) interfere with another XIT customer's use of the Services or the Internet; (iv) violate any applicable law, rule or regulation; or (v) otherwise present risk of harm to XIT or XIT customers. These actions are not XIT’s exclusive remedies, and XIT may take any other legal or technical actions it deems appropriate with or without notice.
DISCLAIMER OF WARRANTIES. THE SERVICES ARE PROVIDED "AS IS" AND WITH ALL FAULTS AND DEFECTS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, XIT EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, XIT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, ACHIEVE INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
INDEMNIFICATION AND LIABILITY
CUSTOMER WILL DEFEND, INDEMNIFY, AND HOLD HARMLESS XIT AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND CONSULTANTS FROM ANY DAMAGES, LIABILITIES, COSTS, EXPENSES, CLAIMS, DEMANDS, LOSSES, AND LAWSUITS, INCLUDING COURT COSTS AND ATTORNEYS’ FEES, ARISING OUT OF, RESULTING FROM, RELATED TO, OR IN CONNECTION WITH ANY VIOLATION OF THIS AUP BY CUSTOMER OR USERS OF CUSTOMER’S ACCOUNT, CUSTOMER’S USE OF THE SERVICES OR THE INTERNET, THE PLACEMENT OR TRANSMISSION OF ANY MESSAGE, INFORMATION, SOFTWARE OR OTHER MATERIALS ON THE INTERNET BY CUSTOMER OR USERS OF CUSTOMER’S ACCOUNT, THE USE OF CUSTOMER’S ACCOUNT BY ANOTHER, OR CUSTOMER’S VIOLATION OF LAW.
CUSTOMER IS SOLELY RESPONSIBLE FOR ANY LOSSES, DAMAGES, OR EXPENSES RELATED TO SERVICE FAILURE, WHETHER CAUSED BY XIT OR A CUSTOMER, AND AGREES THAT XIT SHALL NOT BE LIABLE FOR ANY SUCH LOSSES, DAMAGES, OR EXPENSES.
Waiver. The failure or delay of XIT to insist upon strict adherence to any provision of this AUP should not be considered a waiver and will not deprive XIT of the right thereafter to insist upon strict adherence to or enforcement of that provision or any provision of the AUP.
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