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NEXCESS.NET Acceptable Use Policy (AUP)

NEXCESS.NET, L.L.C. ("NEXCESS.NET") customers are prohibited from transmitting on or through any of NEXCESS.NET's services, any material that is, in NEXCESS.NET's sole discretion, unlawful, obscene, threatening, abusive, defamatory, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law.

NEXCESS.NET's services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. NEXCESS.NET's reserves the right to remove such illegal material from its servers or to immediately terminate your services.

The customer is responsible for keeping his billing data with NEXCESS.NET up-to-date and accurate. Furnishing false data on any contract or application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.

ELECTRONIC MAIL (E-mail)

This section only applies if your account includes an electronic mail account. Misuse of electronic mail may result in termination of service. This non-exclusively includes:

  • Unsolicited bulk or commercial messages ("spam").
  • Forging, altering or removing electronic mail headers.
  • Sending numerous copies of the same or substantially similar message or sending very large messages or files to a recipient, with the intent to disrupt a server or account ("mail bombing").
  • Use electronic mail to harass or intimidate others.
WEB HOSTING

NEXCESS.NET provides storage space and access for web sites through its Web Hosting services. In addition, dedicated accounts may provide for the hosting of web sites. NEXCESS.NET will not routinely monitor the contents of your web sites.

You are solely responsible for any information contained on your web site. However, if complaints are received regarding language, content or graphics contained on your web site, NEXCESS.NET may, at its sole discretion, remove the web site hosted on NEXCESS.NET servers and terminate your Web Hosting service. You agree to promptly reimburse NEXCESS.NET for any reasonable expenses it incurs (including attorney's fees) in defending itself from third party claims relating to any of the content (whether created by you, your customers or your users) contained on your website.

You may not use your web site to publish material which NEXCESS.NET determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

Objectionable content is otherwise legal content with which NEXCESS.NET concludes, in its sole discretion, it does not want to be associated in order to protect its reputation and brand image, or to protect its employees, shareholders and affiliates.

SERVER PERFORMANCE

NEXCESS.NET accounts operate on shared resources. Excessive use or abuse of these shared computer resources by one customer may have a negative impact on all other customers. Clients are restricted from running both processes that take up an inordinate amount of resources or fall into the list of non-exclusive examples of prohibited usage:

  • IRC or eggdrop bots (or any software that interfaces with an IRC network).
  • Unattended server-side processes.
  • Any process that creates a connection from one of NEXCESS.NET's computers to another outside of NEXCESS.NET's network.
  • Using NEXCESS.NET servers as a secondary "script hosting account" from any domain.
  • Using NEXCESS.NET to share the load between another host for any domain.
SECURITY

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

NETWORK PERFORMANCE

NEXCESS.NET accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performance of NEXCESS.NET systems or networks. NEXCESS.NET reserves the right to terminate or limit such activities.

ILLEGAL ACTIVITY

Any activity on our network that is a violation of any state or federal law is a violation of this policy and will result in immediate termination of service.

ACCOUNT CANCELATION

If you wish to cancel your NEXCESS.NET hosting account, you need to create a support ticket by either logging into your billing account and going through the support ticket system or sending an email to . A support technician will respond to your ticket with any further information needed.

Last Updated: 01.21.2007