Xpert Technologies Acceptable Use Policy
Xpert Technologies (“Xpert”) has created this Acceptable Use Policy (“AUP”) to ensure the responsible use of Xpert’s networks, services, systems, websites, and products (“Xpert Products and Services”) by our customers and other users of Xpert Products and Services (“Clients”), and to enable Xpert to provide Clients with reliable, secure, and efficient services. By using Xpert’s Products and Services, Clients agree to be bound by the terms of this AUP.
Termination/Suspension
Any User that Xpert determines to have violated any element of this AUP may be subject to suspension or termination of service, with or without notice. Xpert has the right, but not the obligation, to take further action as Xpert determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and Xpert shall not be liable for any damages of any nature suffered by any Client, User, or any third party resulting in whole or in part from Xpert’s exercise of its rights under this AUP.
Prohibited Conduct
Xpert Products and Services must be used for lawful purposes only and in a manner consistent with the intended purpose of Xpert Products and Services. Clients shall not use Xpert’s Products and Services to distribute, transmit, or store material: 1. in violation of any local, state, or federal laws and regulations. 2. that may expose Xpert to criminal liability. 3. that may adversely affect Xpert Products and Services or other Xpert Customers or Clients. Clients are prohibited from facilitating the violation of any of this AUP or another provider’s AUP. This includes, but is not limited to, distributing, transmitting, or otherwise providing any product or service that violates this AUP or another provider’s AUP.
Inappropriate Content
Clients shall not use Xpert Products and Services to distribute, transmit, or store material that is inappropriate, as reasonably determined by Xpert, or material that is obscene (including child pornography) defamatory, libelous, threatening, abusive, hateful, or excessively violent.
Harmful Content
Clients shall not use Xpert Products and Services to distribute, transmit, or store material that may be harmful to, or interfere with, Xpert Products and Services or any third party’s systems, networks, web sites, or services. Such prohibited content includes, but is not limited to worms, viruses, or Trojan horses.
Fraudulent/Misleading Content
Clients shall not use Xpert Products and Services to distribute, transmit, or store material containing fraudulent offers for products or services, or any advertising or promotional materials that contain deceptive, false, or misleading statements, representations, or claims. Clients are prohibited from submitting any false or inaccurate data on any order form, contract, or online application, including the fraudulent use of credit cards.
Email/Unsolicited Messages
Clients shall not use Xpert Products and Services to transmit unsolicited email messages including, without limitation, unsolicited bulk email, where such emails could reasonably be expected to provoke complaints (“spam”). Clients are prohibited from using the services of another provider to distribute spam or to promote a site hosted on or connected to Xpert Products and Services. Clients may not use Xpert Products and Services to transmit excessive volumes of unsolicited commercial e-mail messages or deliberately send excessively large attachments to one recipient. Any unsolicited commercial e-mail messages or a series of unsolicited commercial e-mail messages or large attachments sent to one recipient constitutes Unsolicited Commercial E-mail “UCE” and is prohibited. In addition, “spamming” or “mail bombing” is also prohibited. Clients shall not use Xpert Products and Services to:
1. send email messages that are excessive or intended to harass others.
2. continue to send email messages to a recipient that has indicated that he/she does not wish
to receive them.
3. send email with forged TCP/IP packet header information.
4. send malicious email, including, without limitation, “mail bombing.”
5. send or receive email messages in a manner that violates the policies of any other Internet
service provider.
6. use an email box exclusively for the storage space for data.
Intellectual Property
Material accessible through Xpert Products and Services may be subject to protection under publicity, privacy, or other personal and Intellectual Property rights. Such rights include, but are not limited to, copyrights and laws protecting patents, trade secrets, trademarks, or other proprietary information. Clients shall not use Xpert Products and Services in any manner that would breach, dilute, misappropriate, or otherwise violate any such rights. Clients must not use a domain name in connection with any Xpert Products and Services, and must not use that domain name in violation of the trademark, service mark, or other rights of any third party.
Third Party Rules
Clients may have access through Xpert Products and Services to search engines, chat rooms, bulletin boards, Web pages and services or other services that publish rules, guidelines, or agreements to govern their use. Clients must adhere to any such rules, guidelines, or agreements.
Inappropriate Actions
Clients shall not use Xpert Products and Services to conduct activities that may be harmful to, or interfere with, Xpert Products and Services or any third party’s networks, systems, services, or Web sites. This includes, but is not limited to, mail bombing, flooding, or denial of service attacks. Clients are prohibited from violating or attempting to violate the security of Xpert Products and Services, or the computers, accounts, or networks of another party. Clients are prohibited from any activity considered a precursor to attempted security violations, including, but not limited to, any form of probing, scanning, or other testing of information gathering activity. Inappropriate activity may result in civil or criminal liability. Xpert will investigate such activity, and may involve and cooperate with law enforcement authorities in prosecuting Clients involved in such activity.
Responsibility for Content
Xpert assumes no responsibility for any material created or accessible on or through Xpert Products and Services. Xpert is not obligated to monitor or exercise any editorial control over such material, but reserves the right to do so. Should Xpert become aware that any such material may violate this AUP and/or expose Xpert to civil or criminal liability, Xpert reserves the right to block access to such material and suspend or terminate any User creating, storing, or disseminating such material. Xpert further reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the User that Xpert deems responsible for the wrongdoing.
Reporting Violations
To report violations of this AUP, contact tech@xxpert.com.
Policy Modifications
Xpert reserves the right to modify this AUP at any time and in its sole discretion, with such modifications being effective when posted. Any use of Xpert Products and Services after such modification constitutes acceptance of the AUP as revised.