This document explains the Acceptable Use Policy for use of services provided by Virtual Access Internet B.V. (hereinafter known as VirtualXS) by the client/user (hereinafter known as Customer). This document supersedes all forms of this document previously published by VirtualXS. This document is maintained and published on-line on the VirtualXS home page.
All Customers of VirtualXS are required to be familiar with this policy. This document shall be sent via e-mail to each new Customer and upon receipt, the Customer shall become responsible for its contents. Use of VirtualXS services in any form constitutes acceptance of this Acceptable Use Policy and agreement to adhere to it.
This Acceptable Use Policy may be known hereinafter as policy, AUP or Acceptable Use Policy.
Account and Policy Term
The effective date of these Terms and Conditions and the Acceptable Use Policy is the date of acceptance by the Customer of services from VirtualXS, and they shall remain in effect until Customer terminates his/her account or VirtualXS cancels Customer's account.
VirtualXS reserves the right to change the terms and conditions of use or its Acceptable Use Policy at any time. Notification of changes will be announced via email. If customer does not agree to changes, Customer may cancel services by giving VirtualXS proper written notice as directed herein.
Termination for Cause
VirtualXS may terminate an account at any time for any violation of this Acceptable Use Policy or for failure to pay bills for service. Such termination generally means that all files are deleted and all services, including mail forwarding are rescinded. Customer will not receive a refund for any prepaid services. All losses and expenses suffered by Customer as a result of such termination will be Customer's to bear alone, and VirtualXS will have no liability whatsoever.
Provision of Services
VirtualXS will provide services on its host computing systems to customers in exchange for payment of fees and compliance with these Terms and Conditions and the Acceptable Use Policy. VirtualXS services are defined as the use by Customer of computing, telecommunications, software, and information services provided by VirtualXS. These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the worldwide computer network known as the Internet.
VirtualXS welcomes requests from Customers concerning their problems and will do as much as possible to help resolve them. When assistance provided by VirtualXS is beyond services offered to all customers by VirtualXS as part of its basic services such as assistance with Customer systems configuration beyond the initial set-up, the Customer will be charged a standard consulting rate.
Security of Accounts
VirtualXS accounts are for individual Customers. Customer therefore agrees not to share the password of the account with others. Customer agrees to maintain a secure password to the account and is responsible for any use of his/her account. Customer agrees not to use any VirtualXS services to obtain the passwords of other customers on VirtualXS or other systems. Customer agrees not to use VirtualXS services to make unauthorized attempts to access any systems and networks.
Use of Internet Services
Customer agrees not to use VirtualXS services to violate copyright or other intellectual property rights. For example, Customer may not upload or download commercial software in violation of software license agreements. Customer agrees to use the services provided by VirtualXS as permitted by applicable laws. Customer agrees, therefore, not to use these services to conduct any business or activity that is prohibited by law.
Specific Acceptable Use Policies
VirtualXS believes that the rights of free speech, freedom of the press, and freedom of association apply to the Internet to the same degree as they do to print media. VirtualXS has no intention of infringing upon those rights.
Unauthorized use of other people's accounts or computers
VirtualXS will react strongly to any unauthorized use or attempted unauthorized use of an Internet account or computer without the owner's authorization. Whether or not the attacked account or computer belongs to VirtualXS, such attempts include but are not limited to "social engineering" (tricking other people into releasing their passwords), password cracking, security hole scanning, and denial of service attacks.
Possible actions including warnings, account suspension or cancellation, and legal action, according to the seriousness of the attack.
Electronic mail passes through multiple mail servers from source to destination on the Internet. One can never be guaranteed privacy from every possible mail server; therefore, customers seeking total privacy should use some encryption scheme, such as PGP to render their messages unreadable by eavesdroppers.
With regards to VirtualXS's mail servers, VirtualXS places a high value on privacy, and will normally only examine Customers' mail to trouble shoot E-mail delivery problems, protect system security, or to comply with a lawful warrant or court-order.
VirtualXS will not divulge Customer account information, except at the direction of a lawfully served warrant.
Commercial advertising is an accepted and welcome use of the Internet. However, there is appropriate and inappropriate Internet advertising. ISP's that don't abide by this Internet standard may be denied access to newsgroups and in some cases to the Internet entirely.
Commercial advertisements are unwelcome in most Usenet discussion groups and on most E-mail mailing lists. Inappropriate postings may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. Unsolicited commercial advertisements sent out via E-mail or to many off-topic newsgroups are not allowed. Generally ads should be placed in the ".biz" newsgroup hierarchy.
Sending a message, such as unsolicited e-mail, especially an unrequested advertisement, to multiple recipients is by itself "spamming", unauthorized use of E-mail, unless the individuals have specifically requested to be added to a mailing list on that topic.
Make Money Fast
Any mailing or posting of "Make Money Fast" (MMF) or "Fast Cash" or pyramid schemes or chain letters of any sort will result in quick account termination. Pyramid schemes are illegal no matter how the message is presented. Pyramid schemes are NOT permitted.
VirtualXS assumes no legal liabilities relating to Customer's use of VirtualXS's computer network and equipment. However, VirtualXS requires that its customers not use VirtualXS's network for illegal purposes. In any legal matters that result from a Customers action, VirtualXS is under no obligation to defend itself rather than settle. Any losses suffered by VirtualXS to settle or defend legal action, and all civil or criminal penalties inflicted on VirtualXS as a result of any Customers act are payable by the customer. Customer shall have no defense against prompt and full repayment to VirtualXS. When presented with a search warrant, VirtualXS is obligated to release appropriate information requested, and will cooperate with the authorities in any criminal investigation.
While VirtualXS recognizes that the legal status of the Internet has not yet been fully resolved, VirtualXS considers certain actions illegal and therefore not allowed on its network, for example; unauthorized distribution of copyrighted material; exploitation of minors; and unauthorized use of computer resources.
VirtualXS makes no representations concerning any attempt to review the content of sites hosted on its servers, and so VirtualXS is not responsible for the accuracy, copyright compliance, legality or decency of material contained in sites hosted on its servers.
Harassment or abusive use of E-mail and other Internet services is a serious misuse of Internet resources. VirtualXS will handle incidents of harassment on a case-by-case basis, consulting with the parties involved.
Inappropriate use of Web Service
VirtualXS provides space for commercial web pages with some services. VirtualXS maintains no responsibility for the content of such pages. VirtualXS will handle complaints about inappropriate web pages on a case-by-case basis. Examples of inappropriate information include downloadable virus code, bulk E-mail lists, illicit advertising, and web-based services that allow members of the public to send E-mail or post news anonymously.
VirtualXS IRC rules
IRC client software is not allowed to be run through a shell account on any servers owned by VirtualXS. IRC client software must be run from the users own computer.
Bots (automated IRC programs) run against any programs, community talk programs, video, audio or text servers, even if they are run from your own machine, are not allowed via a VirtualXS connection.
If VirtualXS receives a complaint, VirtualXS will investigate the abuse and, if a violation has occurred, may put the account on hold or remove the abusers account. Full payment for the entire contract term will still be due, even with no further services provided.
Customer agrees to abide by VirtualXS's interpretation of the above. If Customer needs help interpreting or applying these rules, Customer should ask VirtualXS support staff for assistance.
Abuse of VirtualXS Services
Any use of VirtualXS system resources that disrupts the normal operation of the system or the use by other VirtualXS customers is considered to be abuse of system resources and is grounds for administrative intervention. Use of VirtualXS computers or Internet connection to send ping or other packets in an attempt to deny service to another user is considered abuse. Depending on the nature and the severity of the abuse, the customer may receive an E-mail warning, have his processes halted, or have his account suspended. If the misuse is unintentional or has under other mitigating circumstances, the suspension may be rescinded but may require a reconnection charge. Customers who believe their activity has been inappropriately handled may appeal to VirtualXS Management.
Offensive or Adult Materials
VirtualXS does not censor on the basis of politics, religion, sexual themes, or artistic content. VirtualXS has no control over the content of materials accessed. Some materials may be offensive or adult in nature. Parents are responsible for monitoring children's exposure to any material. VirtualXS assumes no responsibility for any material or for monitoring or controlling access to such material.
VirtualXS makes no warranties of any kind, whether expressed or implied, for its services. VirtualXS specifically disclaims any implied warranties of merchantability or fitness for any particular purpose. VirtualXS will not be held responsible for any losses or damages resulting from delays, non-deliveries, mis-deliveries, service interruption, or Customer's or VirtualXS's errors or omissions. VirtualXS will not under any circumstances be responsible for consequential damages.
VirtualXS reserves the right to suspend or terminate accounts for any reason, if, in VirtualXS's opinion, the Customer is disrupting or threatening the operation of this site and/or the Internet or its components. In the context of this AUP, using other sites or servers to abuse the net via VirtualXS access is regarded the same as using VirtualXS's site.
These rules cannot be superseded by any verbal agreements of VirtualXS employees or customers. Any agreement modification or special changes to this AUP must be in writing and signed by an officer of the Company.
The laws of The Netherlands shall govern the validity, construction and performance of this AUP and Customers agreement to abide by this AUP.
If any provision of this policy is held by a court to be contrary to law, the remaining provisions will remain in full force and effect.