Accepted Uses and Content Policy

By the use of our Domain Maintenance Services, Uploading your files to our server(s) and/or the use of our Email services you hereby agree to the terms of our "Accepted Usage and Content Policy" as well as the policies set forth on our Terms and Conditions Page.

XyNexT Internet Strategies

The policies and guidelines expressed herein supplement the rights and obligations of the parties under the Terms and Conditions of even date. This document establishes operating principles and acceptable use policies as they relate to the Customer's use of the Internet and the connection/services provided by XyNexT to the Customer under the Terms and Conditions.

General

The Internet is a voluntary association of users interested in and willing to exchange information and data with other Internet users. At present there is no oversight group providing governance over the principles, policies or procedures for use of the Internet or the information and data accessed via the Internet.

In order to facilitate their contractual relationship the Customer and XyNexT wish to define a working protocol of principles and policies and establish operating guidelines and acceptable standards of use of the Internet.

To this end the parties agree as follows:

Principles Governing Acceptable use of the Internet by the Customer

Responsibility and Respect - The Internet is a network intended for use by mature, adult users. The Customer recognizes this principle and undertakes at all times to act with respect, courtesy and responsibility, giving due regard to the interests and rights of other Internet user groups. This general guideline carries with it the following specific responsibilities:

a) Knowledge of the Internet - The Customer agrees to obtain a basic knowledge of the Internet and its operating principles and procedures.

b) Improper Uses - The Customer will avoid violation of certain generally accepted guidelines on Internet usage such as restrictions on mass mailings and mass advertisements, pirating or copying of software, mail bombing or other methods of attempting to deny service or access to other users, and attempts to violate security.

c) Compliance with Laws - The Customer will ensure that its use of the Internet complies with all applicable federal, state and local law and regulation, including but not limited to those principles of law which protect against compromise of copyrights, trade secrets, proprietary information and other intellectual property rights, libel or defamation of character, invasion of privacy, tortuous interference, and export of technical or military data to prohibited countries.

d) Validation of Information - The Customer is responsible for validating the integrity of the information and data it receives or transmits over the Internet.

e) Security - The Customer is required to protect the security of its Internet account and usage. The Customer(s) password will be treated as private and confidential and will not be disclosed to or shared with any third parties by XyNexT. Should the customer disclose their password to any third party, the customer agrees to take full responsibility for the actions of said third party in connection with their account.

f) Discretion and Judgment - The Customer is expected to use discretion in the treatment and handling of Internet information and data and to take particular care to insure that adult information is not transmitted to juvenile users of the Internet.

g) Pornography - Due to legal and social issues, we will not accept any new customers who publish pornographic images. We do not allow any pornographic content on our server, including but not limited to nude photographs, explicit language, or sexual fiction. If an existing customer publishes pornographic images, XyNexT may suspend and/or cancel your account.

Let's make this easy to understand: No site that promotes porn or nudity will be allowed on our servers, this includes BANNERS, CLICKER SITES, EDITORIALS, STORIES, NUDE PHOTOGRAPHS, EXPLICIT LANGUAGE, SEXUAL FICTION, OR ANYTHING THAT XYNEXT DEEMS INAPPROPRIATE FOR OUR SERVERS. If an existing customer publishes pornographic images, XyNexT will remove your site from our server and all monies paid will be forfeited.

i) Excessive CPU usage's - Customers will not be allowed to use excessive amounts of CPU processing on any of our servers or face immediate suspension. For example:

  1. A few customers have tried re-selling our counters or auto-responders to the rest of the world, which caused an excessive amount of requests on our server(s).
  2. Email bombs.
  3. Re-selling CGI access to other 3rd parties
  4. Chat rooms, either Java or CGI are prohibited; we suggest using our new Java Chat service instead. This includes but is not limited to: BitchX, eggdrop, chat.pl, quickchat.cgi, etc. If you wish use a chat service other than our Java Chat Service, we suggest ParaChat.
  5. IRC Daemons, are strictly prohibited
  6. Other activities, whether lawful or unlawful, that we determine to be harmful to our subscribers, operations, or reputation, including activities that restrict or inhibit any other user from using and enjoying the service or the internet.

j) Bulk Email, Spam, or Unsolicited Mail Submissions- No domain maintained by XYNEXT will be permitted to submit BULK EMAIL of any type. This includes but not limited to using our Email server or any other BULK EMAIL submission service, i.e. Cyber Promotions. This includes but is not limited to the the use of the Domain Name or an Email Address for the Domain Name in the actual Bulk Email. If we receive a complaint on a BULK EMAIL from a Domain maintained on our servers, the account will be subject to suspension and/or cancellation without notice. Click here for more explicit detail on our Email Policies

k) Bandwidth Usage- Accounts with a set data transfer limit will be charged $10 per 500MB in excess of their monthly limit. Accounts with "Unlimited Transfer" are subject to certain restrictions as contained in the Terms and Conditions.

E-mail Policies

  1. We recommend the use of mreply for its auto response features, not for its listserv (mail list) features. Because these listserv features are inherent to mreply, we allow them to operate on our system but we do not provide tech support for them. In no case is a listserv to include more than ten email addresses.
  2. If software other than mreply is used to mail to multiple addresses, the limit for any such mailing is ten addresses. If the use of multiple lists causes an excessive load on our SMTP servers, we may require you to discontinue the use of said lists and software. XyNexT is developing a mailing list service that will not adversely affect the web server's performance. When this system becomes available, XyNexT will offer tech support for it. XyNexT does not now and will not offer future tech support for other mail list software.
  3. In no case is any unsolicited mail to be sent to any Internet address through any of our SMTP servers.
  4. All email sent through our SMTP services is to contain the true identification information of the sender. The forging of return addresses will not be tolerated.
  5. No bulk email sent through a mail service external to our system is to contain an email address, domain name or IP address that is hosted by us. This generally results in complaints being forwarded to our administrative staff and will be cause for account termination or suspension.
  6. The promotion or sale of bulk email software or procedures will not be allowed on our servers.
  7. The POP3 mailboxes provided on our servers are not meant for the long term storage of your mail. We recommend setting your mail client to delete mail from the server after downloading so that your mailbox does not become too large. Mailboxes over 10 megabytes are subject to compression and/or deletion.
  8. Any violation of these policies may result in immediate account termination or suspension without prior notification.

Copyright 1995-2001 XyNexT Internet Strategies - All Rights Reserved Worldwide