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Xdzyne User Agreement

December 2011 | Version 2.2

Acceptable Use

You are required to use Xdzyne's Service(s) responsibly. This includes respecting the other customers of Xdzyne. Subject to the terms and conditions of this Agreement, Xdzyne grants you a non-exclusive, non-transferable, limited license to access, display and use our Services, Web sites and their contents. You shall comply with all copyright laws worldwide in your use of Xdzyne's Services and Web sites and prevent unauthorized copying of their contents. Except as provided in this Agreement, Xdzyne does not grant you any express or implied right in or under any patents, trademarks, copyrights or trade secret information.

Prohibited Use

Xdzyne servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited.

Examples of prohibited use include, but are not limited to:

  • - Materials subject to trademark, copyright or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.
  • - Material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
  • - Unauthorized use or disclosure of private, personally identifiable information, or proprietary information of others.
  • - Adult-oriented sites, pornography and sex-related merchandising , including sites that may infer sexual content of any kind or provide links to adult content elsewhere. Xdzyne also prohibits sites that provide storage, sale, distribution, hypertext link to, advertisement, promotion or hosting of material that is unlawful, defamatory, obscene, harmful, threatening, harassing, or an intrusion of privacy or publicity rights, or is otherwise objectionabl.
  • - Storage, posting, display, transmission, advertising of or otherwise making available child pornography.

In purchasing Xdzyne services, all Xdzyne customers certify that they and/or the organization they represent in procuring services from Xdzyne are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates there to.

Mass Emailing Policy

Each hosting plan is limited to sending no more than 200 emails in any 60 minute period. This policy is necessary to protect the quality of Xdzyne's hosting service, as mass emailing can consume excessive amounts of server resources, which negatively impacts the quality of hosting service other clients receive. First violations of this policy will result in an Administrative Fee of $25.00 and immediate account suspension. To be re-activated , the client must provide a written and signed statement stating "I have read, understood, and agree to Xdzyne's Mass Emailing Policy". Any second violation of this policy will result in immediate account cancellation and imposition of an Administrative Fee of $100.00. Xdzyne shall not refund to Customer any fees paid in advance of such cancellation and Customer shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, Customer shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term. Xdzyne reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

E-mail Spamming Prohibited

"Spamming" includes the sending of unsolicited bulk and/or commercial messages over the Internet using Xdzyne's Services or through another ISP or IPP with a reference to Xdzyne or a website hosted by Xdzyne, maintenance of an open SMTP policy, and selling or distributing software (on a Web site residing on a Xdzyne server) that facilitates the foregoing. Spamming is prohibited. Violators will be assessed a minimum fine of $200 and may have their Plan(s) terminated or suspended. Xdzyne reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

System and Network Abuse

Violation of system or network security is prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: 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.

interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.

forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting; distributing or hosting destructive or harmful content including, without limitation, viruses, Trojan Horses, worms, time bombs, cancel bots or any computer programming routines that may damage or interfere with any system, program, data or personal information.

Any form of hacking or unauthorized access, which includes, without limitation, use probing, or scanning of systems security or authentication measures, data or traffic.

interference with service to any user, host, or network including any form of attempts to overload a system, any form of system attacks, or forgery which can come from any kind of program/script/command or messages of any kind designed to interfere with a user's terminal session, via any means, locally or by Internet.

Any form of interception which includes, without limitation, unauthorized monitoring of data or traffic on any network, server or system without express authorization from the owner.

Any form of avoidance of system restriction; and any form of failure to safeguard accounts which includes, without limitation, failure to prevent unauthorized access by giving away passwords.

Fraudulent Content

Offering or distributing any fraudulent goods, services, schemes or promotions (e.g. - make money fast schemes, chain-letters, pyramid schemes), or submitting false data on any sign-up form, contract or online application through registration, or any fraudulent use of information obtained through the use of the Plans, including, without limitation, use of credit card numbers, phone numbers, e-mail addresses, or home addresses is strictly prohibited.

Violation of this Agreement

If Xdzyne becomes aware of any violation or threatened violation of this Agreement, Xdzyne may pursue any remedies and take any action against you or your customers to stop or correct such violation, including, but not limited to, denying access to Xdzyne's Services and equipment or to the Internet, removal of all or a portion of the information stored on Xdzyne's server, suspension of any and all Services, or termination of this Agreement. In the event Xdzyne is required to suspend Services or terminate this Agreement, Xdzyne shall not refund any of the Fees paid in advance of such corrective action. In addition, Xdzyne may charge you for any costs or expenses it incurs as a result of the threatened or actual violation of this Agreement. You agree that Xdzyne shall have no liability to you or any of your customers as a result of any corrective action Xdzyne may take (including, without limitation, termination of Services). You are expected to cooperate with Xdzyne in any corrective or preventive action that Xdzyne deems necessary.

Service Level Guarantee

Xdzyne guarantees a 99.9% up time service level. If you are unable to obtain 99.9% access to your website, Xdzyne will, on an as-requested basis, issue a pro rated credit to you for future services conditional upon your submission of proof that 99.9% up time was not achieved as documented by an industry recognized and reputable third party monitoring service such as that of Alertra.com service. This guarantee shall not apply in the event of Force Majeur (as described below), scheduled maintenance periods, inability to access applications or scripts running on the server or if customer's account is not in good standing at the time of the outage.

10-Day Money Back Guarantee

If you are not completely satisfied for any reason within the first 10 days of purchasing a hosting or reseller plan, you will be given a full refund of the fees paid in advance upon plan cancellation. The 10-Day Money Back Guarantee is only available to new customers and cannot be invoked by anyone who has ever previously been a customer of Xdzyne or has been a customer of Xdzyne for over 10 days. To invoke the 10-Day Money Back Guarantee, you must cancel your plan exactly as outlined in the "Termination by Customer" section of this agreement within 10 days of purchase. THERE ARE ABSOLUTELY NO REFUNDS OFFERED, PROMISED OR AVAILABLE AFTER 10 DAYS OF PURCHASE.