You agree to comply with these Terms and Policies. Any violation of either, these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for XiaHost to suspend or terminate your account. You agree that XiaHost has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following
* Using the Service in a way, which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law)
* Hosting websites dedicated to pornography. Legal adult content is allowed however it cannot be the main focus of your website.
* Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail (“spamming”); this ground for suspension or termination is separate from and in addition to the fees which will result from such activity. You agree to pay a clean up fee of $50 per hour if any of our server IP addresses appear on a blacklist as a result of spam from your account.
* Using your hosting as a file or image hosting service.
* Using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access an account, message, or file which does not belong to you.
* Using your account as a backup service. All files must be part of your website and must be linked to from your account. Dedicated server clients are excempt from this.
* Using the Service in such a way as to forge or miss-represent headers, addresses, or other identification in electronic mail or websites, or using any other method to disguise the sender’s identity or location. This includes the hosting of Proxy Server applications.
* Uploading, linking to or storing warez, cracks or other pirated software.
* Assisting in or directly distributing copyrighted material.
* Excessively using the Service in such a way as to limit the bandwidth available to others.
* Providing fake or incomplete contact details, including name, postal address and telephone number.
* Using the Service to operate server programs, including, but not limited to mail servers, IRC servers, game servers, ftp servers, Web servers, or streaming audio/video servers.
* Using the Service for unauthorized relays through any third party systems.
* Attempting, in any way, to interfere with or deny service to any user or any host on the Internet.
* Performing a chargeback on any transactions past or present will result in account suspension until resolved. If a chargeback is issued we reserve the right to remove your account any deny any future business.
* Using the Service for mail bombing, which includes any instance where multiple messages are sent to a specific destination with the intent to render the recipient and/or the electronic system serving that recipient dysfunctional.
* Using the Service to add or attempt to add addresses to any mailing list (yours or a third party’s) without the explicit positive consent of the addressee(s).
* Attempting to cancel, supersede, or otherwise interfere with email other than your own.
* Engaging in harassment, whether through language, frequency, or size of messages, either with email or website content.
* Using the Service to engage in syn flood attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effective impedes or totally disables functionality of the recipient system(s), or any other methods of denial-of-service attacks.
* Using the service to host phishing content.
* Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information.
* No bill credit will be given for a period of suspension. In the event of termination of your use of the Service under this section, XiaHost may at its sole discretion retain any or all amounts you have paid for use of the Service as liquidated damages for your actions.
* Security – You agree not to access or attempt to access private areas of the Service. You agree to notify XiaHost as soon as you become aware of an unauthorized use of your account and/or any breach or attempted breach of security on the Service.
* Intellectual Property – XiaHost does not undertake to examine or review messages, files, or other materials, which are accessible through, pass through, or reside on the Service. Complaints regarding alleged copyright infringement can be sent to abuse@XiaHost.Com .
* Continuing a specific identification of the allegedly infringing material and the location(s) on XiaHost facilities where the materials are to be found. Upon receipt of such written notice, XiaHost will expeditiously remove or block access to the allegedly infringing material, and provide notice to the person who had posted that material. If XiaHost receives a notification from that person indicating that the claim of infringement was based upon mistake or misidentification, XiaHost will send you a copy of that notification. Unless you notify XiaHost of appropriate court action to restrain the alleged infringement, the challenged material will then be restored or other wise made accessible again.
* Liability – You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by XiaHost, neither XiaHost nor any of its affiliate controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. XiaHost neither endorses nor is responsible for the accuracy of third-party material(s), and you agree that XiaHost is not responsible for any loss or damage caused by your use of, or reliance on, such material(s). You understand and agree that you have sole responsibility for your posting of any information or material to any site or newsgroup on the Internet, including but not limited to postings to Web sites, whether residing on XiaHost equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless XiaHost and its employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.
* You agree that, should you use the Service to send or receive voice communications, XiaHost is not acting as a telecommunications carrier or telephone , that there is no representation made by XiaHost as to the suitability of the Service for such use, and that all risk of connection, transmission quality, and accuracy of communications is solely on you, and that XiaHost has no liability of any sort for the failure or lack of quality of such use of the Service.
* You agree to be liable for any damages or loss of service which results in damages to XiaHost as a result of any spamming or other violations of Section 5 above. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that XiaHost may pursue any such claims against you in Court.
* You agree that in no event will XiaHost have financial liability to you.
* Warranty – XiaHost MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE, REGARDLESS OF WHAT YOU MAY HAVE TOLD XiaHost ABOUT YOUR INTENDED USE OF THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY XiaHost OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR OTHERWISE ALTER THE PROVISIONS OF THIS SECTION.
* THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY XiaHost ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS; XiaHost DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. XiaHost DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF ANY OF YOUR DATA WHICH MAY BE STORED ON THE SERVICE.