Acceptable Use Policy
General
This agreement sets the rules for how the Client can use the XcellHost services. If you use XcellHost’s services, the AUP applies to everyone who does so. This includes the Client, its workers, agents, contractors, end users of resellers, and anyone else who uses XcellHost’s services after the Order. The AUP can be built upon in a written agreement that XcellHost gives to the Client and that Client agrees to. If XcellHost thinks it’s appropriate and in line with industry standards, the Client agrees that the AUP may be changed from time to time to include more specific rules and limits on the Client’s use of the Services. When XcellHost tells the Client that changes have been made to the AUP, the changes take effect on the first day of the Renewal Term that starts after the change, whichever comes first. It is agreed that the Client will help XcellHost with any reasonable probe into any possible violation of the AUP.
If you and XcellHost disagree on how to read this AUP, XcellHost’s reasonable business judgement will prevail. To ask XcellHost any questions about this AUP, you can either open a help ticket through your Account or use the email address given on the Site.
If the client signs up for and uses the services as described in the order, it means that they have read and agree to this agreement. You and your users will also have to follow all of its terms and conditions.
Table of Contents
1. Offensive Content
2. Security
3. Bulk Commercial E-Mail
4. Unsolicited E-Mail
5. Material Protected by Copyright
6. Copyright Infringement Notice
7. Internet, Network, and System Use/Abuse
8. Remedies for AUP Violations
9. Maintaining Information
10. Disclaime
1. Offensive Content
You may not publish or transmit via XcellHost’s service any content that XcellHost reasonably believes:
a. Constitutes child pornography
b. Constitutes pornography that is illegal in your jurisdiction or ours
c. Is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech
d. Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes
e. Is defamatory or violates a person’s privacy
f. Is intended to assist others in defeating technical copyright protections
g. Clearly infringes on another person’s trade or service mark, patent, or other property right
h. Promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking
i. Is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to XcellHost
j. Is otherwise malicious, fraudulent, or may result in retaliation against XcellHost.
Content “published or transmitted” via XcellHost’s service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by XcellHost.
2. Security
You need to take fair steps to keep yourself safe. You need to keep your password secret, and you should change it every so often.
3. Bulk Commercial E-Mail
To send a lot of business emails, you need to show that all of the following are in order before you send. If you’re not sure if you meet these standards, you need to get permission from XcellHost first before sending.
a. The people you want to receive emails from you have agreed to do so in a clear way, like through an opt-in process.
b. The ways you ask for permission include fair checks to make sure the person giving permission owns the email address being used for the permission.
c. You keep proof of the recipient’s permission in a form that can be quickly shown upon request, and you comply with both the recipient and FullHost’s requests to show proof of consent within 72 hours of receiving the request.
d. The email body needs to say how the email address was gathered, like “You agreed to receive this email promotion from our website or one of our partner sites.” It should also include instructions on how to ask for proof of permission, like “If you would like to learn more about how we obtained your email address, please contact us at abuse@yourdomain.com.”
e. You have steps in place that make it easy for someone to withdraw their consent, like a link in the email body or directions to reply with “Remove” in the subject line. People who withdraw their agreement will have it honoured within 72 hours, and you will let the people who received it know that this will happen. You have to put a on the first page of any website that is linked to the email address, register that address at or a similar service, and answer messages sent to that address right away. For each domain that is linked to the email list, you must post a Privacy Policy. Track down complaints made by people who don’t want to be named.
i. You can’t hide the sender of your email in any way. The email recipient’s email address must be in the body of the message or in the “TO” line of the email; and j. You follow all other laws in the country where your website is registered that govern sending bulk emails, such as Canada’s Anti-Spam Legislation (CASL), the US CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003), and any other laws that apply.
These rules cover messages sent through your XcellHost service as well as messages sent from any network by you or someone working for you that direct or indirectly link to a site stored through your XcellHost service. You also can’t use a third-party email service that doesn’t follow the same rules for all of its clients. XcellHost can check to see if you’re following its rules in other ways, such as by randomly asking a sample of your list for opt-in information at any time.
4. Copyright Infringement Notice
You can file a claim under the Digital Millennium Copyright Act if you think someone using the XcellHost network is infringing on your copyright.
1. A signature, either in writing or electronically, of someone who is authorised to act on behalf of the owner of an exclusive right that is supposedly being violated
ii. The name of the copyrighted work that was allegedly violated, or if there are multiple copyrighted words on the same site that are covered by the same notice, a list of all of those works on that site.
iii. Identification of the content that is said to be infringing or to be the subject of infringing behaviour and needs to be deleted or blocked, along with information that is fairly sufficient for XcellHost to find the content.
iv. Information that is reasonably sufficient to allow XcellHost to get in touch with you, like your address, phone number, and, if possible, email address;
You must say that you have a good faith belief that the person complaining is not authorised to use the material in the way that is being complained about by the copyright owner, the copyright owner’s agent, or the law. You must also swear under oath that the information in the notification is correct and that you are authorised to act on behalf of the owner of an exclusive right that is allegedly being violated.
b. Notification of Counter. If the client is going to file a counter notice, they need to send the required information to the above address within ten (10) days, as stated in the Act. It is up to the Client to reply quickly, and the Client knows that XcellHost is not responsible or liable for their response and will not do it for them. The Client must fill out the required information and send it to XcellHost. They are aware that if they file a Counter Notification, they will be responsible for any damages, such as legal fees, if they falsely say that the product or activity does not violate the copyright for which the Counter Notification was filed. In the event that the Client doesn’t know how to react to a Copyright Infringement Notice, they should definitely hire a lawyer.
5. Maintaining Information
Anyone who wants to run a domain name on XcellHost’s network must have correct and up-to-date information on file with the domain name registrar.
6. Disclaimer
According to this AUP, XcellHost is not required to watch or police what its clients do, and it also doesn’t take responsibility for any improper use of its network.
