Acceptable Use Policy

This document explains the Acceptable Use Policy for use of services provided by XXSERV.com. (hereinafter known as XXSERV.com) by the client/user (hereinafter known as Customer). This document supersedes all forms of this document previously published by XXSERV.com. This document is maintained and published on-line on the XXSERV.com home page at www.XXSERV.com.com/aup.html.

All Customers of XXSERV.com are required to be familiar with this policy. Use of XXSERV.com services in any form constitutes acceptance of this Acceptable Use Policy and agreement to adhere to it.

This Acceptable Use Policy may be known hereinafter as policy, AUP or Acceptable Use Policy.

Account and Policy Term
The effective date of these Terms and Conditions and the Acceptable Use Policy is the date of acceptance by the Customer of services from XXSERV.com, and they shall remain in effect until Customer terminates his/her account or XXSERV.com cancels Customer's account.

XXSERV.com reserves the right to change the terms and conditions of use or its Acceptable Use Policy at any time. Notification of changes will be announced via email. If customer does not agree to changes, Customer may cancel services by giving XXSERV.com proper written notice as directed herein.

Termination for Cause
XXSERV.com may terminate an account at any time for any violation of this Acceptable Use Policy. Such termination generally means that all files are deleted and all services are rescinded. All losses and expenses suffered by Customer as a result of such termination will be Customer's to bear alone, and XXSERV.com will have no liability whatsoever.

Provision of Services
XXSERV.com will provide services on its host computing systems to customers in exchange for banner advertising on Customer's XXSERV.com-hosted sites and compliance with this Acceptable Use Policy. XXSERV.com services are defined as the use by Customer of computing, telecommunications, software, and information services provided by XXSERV.com. These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the worldwide computer network known as the Internet.

Security of Accounts
XXSERV.com accounts are for individual Customers. Customer therefore agrees not to share the password of the account with others. Customer agrees to maintain a secure password to the account and is responsible for any use of his/her account. Customer agrees not to use any XXSERV.com services to obtain the passwords of other customers on XXSERV.com or other systems. Customer agrees not to use XXSERV.com services to make unauthorized attempts to access any systems and networks.

Use of Internet Services
Customer agrees not to use XXSERV.com services to violate copyright or other intellectual property rights. For example, Customer may not upload or download commercial software in violation of software license agreements. Customer agrees to use the services provided by XXSERV.com as permitted by applicable local, state, and federal laws. Customer agrees, therefore, not to use these services to conduct any business or activity that is prohibited by law.

Specific Acceptable Use Policies
XXSERV.com believes that the First Amendment rights of free speech, freedom of the press, and freedom of association apply to the Internet to the same degree as they do to print media. XXSERV.com has no intention of infringing upon those rights.

Unauthorized use of other people's accounts or computers
XXSERV.com will react strongly to any unauthorized use or attempted unauthorized use of an Internet account or computer without the owner's authorization. Whether or not the attacked account or computer belongs to XXSERV.com, such attempts include but are not limited to "social engineering" (tricking other people into releasing their passwords), password cracking, security hole scanning, and denial of service attacks.

Possible actions including warnings, account suspension or cancellation, and legal action, according to the seriousness of the attack.

Commercial advertisements
Commercial advertising is an accepted and welcome use of the Internet. However, there is appropriate and inappropriate Internet advertising. ISPs that don't abide by this Internet standard may be denied access to newsgroups and in some cases to the Internet entirely.

Commercial advertisements are unwelcome in most Usenet discussion groups and on most E-mail mailing lists. Inappropriate postings may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. Unsolicited commercial advertisements sent out via E-mail or to many off-topic newsgroups are not allowed. Generally ads should be placed in the ".biz" newsgroup hierarchy.

Sending a message, such as unsolicited e-mail, especially an unrequested advertisement, to multiple recipients is by itself "spamming," unauthorized use of E-mail, unless the individuals have specifically requested to be added to a mailing list on that topic.

Make Money Fast
Any mailing or posting of "Make Money Fast" (MMF) or "Fast Cash" or pyramid schemes or chain letters of any sort will result in quick account termination. Pyramid schemes are illegal no matter how the message is presented. Pyramid schemes are NOT permitted.

Illegal Material
XXSERV.com assumes no legal liabilities relating to Customer's use of the computer network and equipment. However, XXSERV.com requires that its customers not use the network for illegal purposes. In any legal matters that result from a Customers action, XXSERV.com is under no obligation to defend itself rather than settle. Any losses suffered by XXSERV.com to settle or defend legal action, and all civil or criminal penalties inflicted on XXSERV.com as a result of any Customers act are payable by the customer. Customer shall have no defense against prompt and full repayment to XXSERV.com. When presented with a search warrant, XXSERV.com is obligated to release appropriate information requested, and will cooperate with the authorities in any criminal investigation.

While XXSERV.com recognizes that the legal status of the Internet has not yet been fully resolved, XXSERV.com considers certain actions illegal and therefore not allowed on its network, for example; unauthorized distribution of copyrighted material; exploitation of minors; and unauthorized use of computer resources.

XXSERV.com makes no representations concerning any attempt to review the content of sites hosted on its servers, and so XXSERV.com is not responsible for the accuracy, copyright compliance, legality or decency of material contained in sites hosted on its servers.

Harassment
Harassment or abusive use of E-mail and other Internet services is a serious misuse of Internet resources. XXSERV.com will handle incidents of harassment on a case-by-case basis, consulting with the parties involved.

Inappropriate use of Web Service
XXSERV.com provides space for commercial web pages with some services. XXSERV.com maintains no responsibility for the content of such pages. XXSERV.com will handle complaints about inappropriate web pages on a case-by-case basis. Examples of inappropriate information include downloadable virus code, bulk E-mail lists, illicit advertising, and web-based services that allow members of the public to send E-mail or post news anonymously.

Abuse of XXSERV.com Services
Any use of XXSERV.com system resources that disrupts the normal operation of the system or the use by other XXSERV.com customers is considered to be abuse of system resources and is grounds for administrative intervention. Use of XXSERV.com computers or Internet connection to send ping or other packets in an attempt to deny service to another user is considered abuse. Depending on the nature and the severity of the abuse, the customer may receive an E-mail warning, have his processes halted, or have his account suspended. If the misuse is unintentional or has other mitigating circumstances, the suspension may be rescinded but may require a reconnection charge. Customers who believe their activity has been inappropriately handled may appeal to XXSERV.com Management.

Reporting Abuse
To report abuse of XXSERV.com systems, please send a message to abuse@XXSERV.com. Please include the URL of the site in question, as well as any other pertinent information.

Offensive or Adult Materials
XXSERV.com does not censor on the basis of politics, religion, sexual themes, or artistic content. XXSERV.com has no control over the content of materials accessed. Some materials may be offensive or adult in nature. Parents are responsible for monitoring children's exposure to any material. XXSERV.com assumes no responsibility for any material or for monitoring or controlling access to such material.

Warranties
XXSERV.com makes no warranties of any kind, whether expressed or implied, for its services. XXSERV.com specifically disclaims any implied warranties of merchantability or fitness for any particular purpose. XXSERV.com will not be held responsible for any losses or damages resulting from delays, non-deliveries, mis-deliveries, service interruption, or Customer's or FH's errors or omissions. XXSERV.com will not under any circumstances be responsible for consequential damages.

XXSERV.com reserves the right to suspend or terminate accounts for any reason, if, in our opinion, the Customer is disrupting or threatening the operation of this site and/or the Internet or its components. In the context of this AUP, using other sites or servers to abuse the net via XXSERV.com access is regarded the same as using XXSERV.com's site.

Applicability
These rules cannot be superseded by any verbal agreements of XXSERV.com employees or customers. Any agreement modification or special changes to this AUP must be in writing and signed by an officer of the Company.

Jurisdiction
The laws of Washington State shall govern the validity, construction and performance of this AUP and Customer's agreement to abide by this AUP.

Severability
If any provision of this policy is held by a court to be contrary to law, the remaining provisions will remain in full force and effect.