XFS-Servers.net Server Policies & Terms Of Use

XFS-Servers.net
Terms Of Service
Last Update: June 12, 2005

Our Terms Of Service has been designed to ensure that 1.) We protect our rights, 2.) to eliminate confusion, 3.) to inform you of our rules and 4.) to allow for a no-hassle environment. The following rules govern all XFS-Servers.net webhosting accounts.

All Accounts Are Subject To The Following:

The following rules are made in accordance with the webserver providers and international law.

The Following Scripts Are Banned:

- CGI/Perl Based Forums
- YaBB CGI Version
- 4images
- Ikonboard (CGI)
- UltimateBB (CGI)
- All IRC-based scripts/programs
- Scripts likely to eat up server memory or processing capacity

Backups:

The user agrees that they will keep backups of their sites on their computers, XFS-Servers.net accepts no responsibility for loss of data. The end user is responsible for making sure they have up to date site files saved offline, or in a separate backup location.

Commercial Advertising - Email:

Spamming, or the sending of unsolicited email, from a Site or using an email address or domain that is maintained on an XFS-Servers.net machine as a reference is prohibited. Accounts in violation of our spamming policy will be subject to termination without notification. XFS-Servers.net will be the sole arbiter as to what constitutes a violation of this provision. All mailing lists should be double opt-in. This means when users on a cliemts site give said client their e-mail address they user should also have to verify it through e-mail afterwards before anymore mail is sent.

Chat Rooms:

IRC Chatrooms are banned, but chatrooms which use PHP as the engines to run the script are allowed. Absolutely no chatrooms which use MySQL are permitted. Habbo style and JIRC chat programs are banned.

IRC:

We currently do not allow IRC or IRC bots to be operated on our servers. These include Eggdrop bots and TCL scripts. Usage of such said scripts may be permitted at the descretion and judgement of the XFS-Servers.net server authority.

Server Abuse:

Any attempt to undermine or cause harm to a server, or customer, of XFS-Servers.net is strictly prohibited. These attempts can include DOS attacks or hacking.

Refusal of Service:

XFS-Servers.net reserves the right to refuse, cancel, or suspend service at our sole discretion. Some of the reasons for a sudden refusal of service might include: an out of control script, failure to pay or XFS-Servers.net not being able to contact the site owner.

Illegal use:

XFS-Servers.net services may not be used for illegal purposes, or in support of illegal activities. XFS-Servers.net 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 XFS-Servers.net service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography or child abuse is strictly prohibited and will result in immediate account termination.

Threats:

Use of XFS-Servers.net service to transmit any material (by e-mail, uploading, posting or otherwise that threatens or encourages bodily harm or destruction of property is strictly prohibited.

Harassment:

Use of XFS-Servers.net service to transmit any material (by e-mail, uploading, posting or otherwise that harasses another is strictly prohibited.

Fraudulent activity:

Use of XFS-Servers.net 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" is prohibited.

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 infrmation is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

Unauthorized access:

Use of XFS-Servers.net service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of XFS-Servers.net 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 XFS-Servers.net account is subject to immediate termination.

Copyright or trademark infringement:

Use of XFS-Servers.net 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 XFS-Servers.net 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 XFS-Servers.net service for any activity which affects the ability of other people or systems to use XFS-Servers.net 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. XFS-Servers.net 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.

LIMITATION OF LIABILITY:

XFS-Servers.net shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from XFS-Servers.net servers going off-line or being unavailable for any reason whatsoever. Furthermore, XFS-Servers.net shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of XFS-Servers.net servers. All damages shall be limited to the immediate termination of service.

Violation of these Acceptable Uses Policies should be referred to admin@xfs-servers.net.

All complaints will be investigated promptly.

Failure to follow any term or condition will be grounds for immediate account deactivation.

DISCLAIMER:

XFS-Servers.net cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by XFS-Servers.net are resold. Thus, certain equipment, routing, software, and programming used by XFS-Servers.net may not be directly owned or written by XFS-Servers.net. Moreover, XFS-Servers.net holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as XFS-Servers.net sees fit.

ACCOUNT ACTIVATION:

By activating your account with XFS-Servers.net, you agree to the XFS-Servers.net Terms of Service and disclaimer. Upon requesting an account activation, you are required to accept these policies, guidelines, and disclaimer and a copy of your acceptance is forwarded along with your activation request to be maintained within your account information. If after the 14 day money back guarantee and you decide to cancel you will not be entitled to a refund of the remaining monies on your account. Account cancellation should be made in accordance with the below guidelines.

CANCELLATION:

Should you wish to cancel your account with XFS-Servers.net for any reason, you must do so 5 days before the end of your next billing date. Should you refrain from doing so, your account will be billed for the next payment period. All cancellation requests should be mailed to admin@xfs-servers.net

PAYMENTS:

All PayPal-based payments should be made within two (2) days of their cycle/bill date, and the time at which the invoice is generated. PayPal invoices which remain unpaid after two (2) days will be assessed a late fee of not less than $5.00 and not greater than $20.00. This fee is determined based on our sole discretion. All accounts are notified of a due payment by way of our invoicing/billing system on their cycle/bill date. It is up to the customer to make payment on time. Any questions on our billing/payment policies should be directed to billing@xfs-servers.net.

NOTICE:

If you sign up for an account and do not follow our terms, no refunds will be given. We will however let you know by email or phone before any action is taken and you will have a chance to solve the matter, unless otherwise stated above.

Furthermore, XFS-Servers.net retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification. It is the duty of the client to keep themselves updated on our policies.

The agreement constitutes the entire agreement between the parties hereto. The terms and conditions of this agreement shall be interpreted and enforced pursuant to the laws of the United States of America.

Important Notices:

XFS-Servers.net reserves the right to check your account at any time for items which are not in accordance with our term policies.By using this website you agree to abide by our terms of service, our privacy policy, and any other rules that govern this company and website. Violations of these term policies may result in account termination, suspension, ISP banning, or any other measures required to ensure the operation of this server.