PLEASE READ THESE ACCEPTABLE USE POLICIES CAREFULLY BEFORE USING THIS SITE

Upon signing up for XL-Commerce.com (hereafter referred to as XL Commerce) services, all customers agree to comply with XL Commerce's Acceptable Use Policy. The spirit of this policy is to ensure our customers are using XL Commerce's services with due regard to the rights of other Internet users and in conformity with the requirements of XL Commerce's network environment.

Illegal Use

XL Commerce's servers may be used for lawful purposes only as stipulated by any and all laws whether local, state or federal as written today or in the future. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots.

Adult Content

Due to the special system and network requirements of adult-oriented sites, pornography and sex-related merchandising are prohibited. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.

Security

Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

XL Commerce's machine is STRICTLY prohibited. XL Commerce will be the sole arbiter as to what constitutes a violation of this provision. Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but reference in the spam a Web site hosted on an XL Commerce server. Violators may be assessed a minimum administration fee of $250 and will face immediate suspension.

Any attempts to undermine or cause harm to an XL Commerce server or customer are strictly prohibited.

Software Distribution

XL Commerce's shared Web hosting accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact sales@xl-commerce.com to make special arrangements.

Multimedia Files

Multimedia files are defined as any graphics, audio, and video files. XL Commerce's shared web hosting accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any web site whose disk space usage for storing multimedia files exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files.

Proprietary Software

Under certain circumstances you may gain access to the source code of XL Commerce's software. This code is the property of XL Commerce and may not be downloaded, copied, or in any other way removed from the XL Commerce servers. Such code constitutes proprietary information and is subject to US and International Copyright Laws. You may not copy or reuse, in any form, whether original or modified, any such code, under the penalty of law. You may not copy or reuse in any form any algorithms used by any such code.

Server Resources

Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. XL Commerce shall be the sole arbiter of what is considered to be a high level of server usage.  Any Web hosting account deemed to be adversely affecting server performance or network integrity will be shut down immediately without prior warning or notice.

CGI Scripts

CGI script sharing with domains not hosted by XL Commerce is not permitted. Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

Background Running Programs and Synchronization Jobs

XL Commerce may allow programs to run in the background. These programs will be considered on an individual basis and customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact XL Commerce at support@xl-commerce.com so that we can arrange set-up.

IRC

XL Commerce does not allow IRC or IRC bots to be operated on our servers.

SPAM / UCE (Unsolicited Commerce Email)

Spamming, the sending of unsolicited mass email from or through an XL Commerce mail server or using an email address that is maintained on an XL Commerce mail server will be considered as violation of terms & conditions and action will be taken accordingly.

Actions Taken by XL Commerce

The failure by a customer to meet or follow any of the above Acceptable Use Policy will result in account deactivation. XL Commerce will be the sole arbiter as to what constitutes a violation of the Acceptable Use Policy. XL Commerce reserves the right to remove any account without prior notice.
When XL Commerce becomes aware of an alleged violation of its Acceptable Use Policy, XL Commerce will initiate an investigation. During the investigation, XL Commerce may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, XL Commerce may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, XL Commerce will notify the appropriate law enforcement authorities of such violation.

XL Commerce does not guarantee uptime or issue credits for outages incurred through service disablement resulting from Acceptable Use Policy violations. XL Commerce customers agree to indemnify and hold harmless XL Commerce from any claims resulting from the use of our services that damages them or any other party. The XL Commerce service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. XL Commerce expressly disclaims any representation or warranty that the XL Commerce service will be error-free, secure or uninterrupted. No oral advice or written information given by XL Commerce, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. XL Commerce and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Modification

XL Commerce reserves the right to add, delete, or modify any provision of its Acceptable Use Policy at any time without notice.