Revision date: May 10, 2023

As a provider of web site hosting and other Internet-related services, XcNode offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. XcNode respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, XcNode reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, XcNode has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using XcNode' services. This AUP will be revised from time to time.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that XcNode cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because XcNode cannot monitor or censor the Internet, and will not attempt to do so, XcNode cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that XcNode does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over XcNode' network and may reach a large number of people, including both subscribers and non-subscribers of XcNode, subscribers' postings to the Internet may affect other subscribers and may affect XcNode' goodwill, business, reputation or operations. For these reasons, subscribers violate XcNode policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities.

Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward XcNode, but also because it can overload XcNode' network and disrupt service to XcNode' subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, XcNode will investigate and shutdown the account that is SPAMing. A $300 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore XcNode reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should XcNode choose to pursue and prosecute.

XcNode does allow adult content. This content must be legal within the United States of America.

Using XcNode' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. XcNode is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Using XcNode' network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

• Illegal or Unauthorized Access to Other Computers or Networks:

Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

• Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:

Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

• Non-Dedicated Port Unmetered Bandwidth Plans (Shared Unmetered Plans):

Non-dedicated port unmetered bandwidth plans (shared unmetered plans) are shared among by several customers and intended for common web hosting usage. With such acceptable use of the shared unmetered port is limited to usage that does not cause problems or interfere with other clients. Expected usage on dedicated servers, hybrid servers or colocation service is about 30% of the port capacity. Expected usage on VPS services is 10% of port capacity. Extreme sustained usage may result in port rate limiting or traffic shaping at XcNode's sole discretion.

Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

Exporting encryption software over the Internet or otherwise, to points outside the United States.

Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

XcNode has a zero tolernance for abuse. As such any abuse complaint received will be charged a fee of $30 USD/IP/Incident.

Engaging in activities, whether lawful or unlawful, that XcNode determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. XcNode will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with XcNode' policy or applicable law. However, when XcNode becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by XcNode.

XcNode is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching XcNode' facilities from those subscribers may have originated from a customer of the subscriber or from another third party. XcNode does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. XcNode reserves the right to directly take action against a customer of its subscribers. Also, XcNode may take action against the XcNode' subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, XcNode anticipates that subscribers who offer Internet services will cooperate with XcNode in any corrective or preventive action that XcNode deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of XcNode policy.

XcNode will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. XcNode may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, XcNode may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. XcNode assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, XcNode may disclose subscriber information or information transmitted over its network where necessary to protect XcNode and others from harm, or where such disclosure is necessary to the proper operation of the system. However, XcNode will never sell information to other services or outside companies.

XcNode expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate XcNode policy. Finally, XcNode wishes to emphasize that, in signing the Service Agreement, subscribers indemnify XcNode for any violation of the Service Agreement, law or XcNode policy resulting in loss to XcNode or the bringing of any claim against XcNode by any third party. This means that, if XcNode is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against XcNode, plus costs and reasonable attorney's fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including XcNode and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to [email protected]