Acceptable Use Policy

1. General.

This Acceptable Use Policy sets forth guidelines for the acceptable use of Xaccel’s network. All Subscribers to Xaccel’s services are required to comply with this policy.

2. Illegal Use.

The Xaccel may only be used for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is libelous, defamatory, constitutes an illegal threat, violates export control laws or regulations or encourages conduct that would constitute a criminal offense or give rise to civil liability.

3. System and Network Security.

Violations of system or network security are prohibited. Examples of system or network security violations include, without limitation:

• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network
• Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network
• Interference with service provided to any user, host or network including, without limitation, mailbombing, flooding, computer worms or viruses, deliberate attempts to overload a system and broadcast attacks and
• Forging of any tcp-ip packet header or any part of the header information.

4. Abuse.

The following acts are considered to be abusive of the Xaccel and are prohibited:

• Any conduct which violates the accepted norms and expectations of the Internet community at large including, without limitation, posting or distributing information or materials which are abusive or threatening. Xaccel reserves the right determine, in its sole discretion, whether any particular conduct violates such norms and expectations
• Resale of any Xaccel services or products unless expressly authorized in writing by Xaccel
• Falsifying Subscriber information in applications, contracts and other materials provided to Xaccel including fraudulent use of credit card numbers or “bill to” numbers
• Falsifying identity or contact information to circumvent this Acceptable Use Policy or otherwise
• Forging of message headers or a sender’s identity, or taking any similar action with the intent of bypassing restrictions or limits on access to a specific service or site
• Creating, forwarding, posting or distributing chain messages of any type (also known as “pyramid” or “ponzi” schemes) and
• Attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization or other methods to document use of Xaccel services.

5. E-mail.

Xaccel prohibits Subscribers from engaging the following e-mail related activities:

• Sending unsolicited bulk e-mail (“UBE”, or “SPAM”). This includes but is not limited to the distribution of UBE for commercial, informational, advertising, political, or religious purposes
• Setting up “mailback” or “drop box” addresses in order to receive responses from UBE, either directly by the Subscriber or by a third party on behalf of the Subscriber and
• Engaging in any of the foregoing activities by using the service of another provider, but channeling such activities through a Xaccel account, remailer, or otherwise through a Xaccel service or using a Xaccel account as a maildrop for responses or otherwise using the services of another provider for the purpose of facilitating the foregoing activities if such use of another party’s service could reasonably be expected to adversely affect a Xaccel service.
• Running a mail server with open relay, i.e. which allows the unchallenged forwarding of e-mail. Xaccel reserves the right to implement technical mechanisms which block UBE before it is forwarded or otherwise sent to its intended recipients.

6. Compromised Servers or Network Equipment.

Xaccel prohibits the continued operation of servers that have been compromised by third parties or automated agents.

7. World Wide Web.

Xaccel prohibits Subscribers from engaging in any of the following web-related activities:

• Exploiting or attempting to exploit any scripts presented on a web page,
• Utilizing programs, scripts or commands to abuse a web site, e.g. by using bandwidth excessively and
• Hosting a web page which acts maliciously against users that visit that page.

8. Indirect Violations.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A SUBSCRIBER OR A SUBSCRIBER’S END USER SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH SUBSCRIBER OR END USER.

9. Reporting.

Subscribers to Xaccel’s services are required to immediately report to Xaccel (i) any event or issue which could compromise the stability, service or security of the Xaccel and (ii) any known violation of this Acceptable Use Policy.

10. Consequences of Non-Compliance.

Violation of this Acceptable Use Policy is strictly prohibited. In the event of any actual or potential violation, Xaccel reserves the right to

• suspend or terminate, either temporarily or permanently, any or all services provided by Xaccel to Subscriber,
• block and/or filter any abusive activity or
• take any other actions as deemed appropriate by Xaccel in its sole discretion. Nothing contained in this policy shall be construed to limit Xaccel sanctions or
• remedies in any way with respect to any violation of this Acceptable Use Policy.

Subscribers who violate this Acceptable Use Policy may incur criminal or civil liability. Xaccel may refer violators to civil or criminal authorities for prosecution and will cooperate fully with applicable government authorities.

11. Changes to Policy.

Xaccel reserves the right to modify this Acceptable Use Policy at any time without notice. A current version of the policy is posted on Xaccel’s web site at www.xaccel.net

12. Complaints/Questions.

Complaints or questions regarding this Acceptable Use Policy should be sent to abuse@xaccel.net