Acceptable Use Policy for Xnext Services. The term "Services" is defined as any and all services and products, past, present and future, that Xnext, Inc. currently or will provide. The term "User" and "Client" are generally used interchangeably. For the purpose of this document, "User" will be "Client". The term "Client" defines any person who is currently engaged in receiving any past, present, and future services or past, present, and future products from Xnext, Inc. as well as any person (or persons), company, or entity that contracts Xnext, Inc. to perform any said set of duties that reside on Xnext, Inc. property or from Xnext, Inc. and its employees. This "Acceptable Use Policy" will also be enforced on past, present, and future verbal contracts unless deemed otherwise by Xnext, Inc. The Client(s) may not, at any time, store the following materials on the Xnext, Inc. servers: Illegal Software or Files (aka "Pirated", "Warez", "Appz", "Imaged" or any other known connotation) Pornography Or Any Illegal Images. Illegal MP3 Files Program(s) or Link(s) Used To Distribute High-Level Encryption To Nation(s), Country(ies), or Regimes that the United States And / Or NATO Have Current Embargoes On. Speech, Images, or Content That Is Determined To Be Hateful Software Used For Remotely Spamming Software Used For Keeping Track Of Others (aka "Data Harvesting") DEFINITIONS Illegal Software or Files This is defined as any software or files that are used to distribute copyrighted software illegally. This is further defined as including any files that act as separate "archives" of a whole that does lead to a copy of a full copyrighted program / software or text. You may also not use the Xnext, Inc. services to store a legal backup of your software. If you require online or offline backup storage please contact us directly for arrangements. Examples of Software: Operating Systems (such as Windows), Graphics Software (such as Adobe), and other Copyrighted Material. Examples of Files: WinRAR Archives (or any other archive system) of a CD ISO (or BIN, CUE, etc.) that, when formed together, extract into a full CD ISO (or BIN, CUE, etc.) which reproduces (either in part of in whole) a Copyrighted Material. Pornography Or Illegal Images. Pornography is defined as "adult" or "pornographic" material. We do not allow storage of said types nor will we host sites that display pornography. This is further defined to include "Illegal Images" which coves EVERY type of graphical display noted to be illegal, such as Cannibalism or Child Pornography. If, at any time, Xnext, Inc., a Client, or a Site User views or locates a file that is an Illegal Image (simulated, drawn, or real, in the case of Child Pornography and Cannibalism) the Client responsible will be reported to the FBI, local State Agencies, be forced to pay the remainder of their contract, and face possible legal charges for any damages, time lost, or burdens suffered by Xnext, Inc. during the course of any investigation, hearing, court cases, and any other event associated with said crime. Illegal MP3 Files Any MP3 file that is stored on Xnext, Inc. servers and / or available to download through Xnext, Inc. must be the Client(s) original music. There cannot be any external links to any site, ftp, or archive that has Illegal MP3 Files for downloading. An Illegal MP3 is defined as any MP3 file that is a copyrighted song to a company, artist, or musical group. Be prepared to prove ownership of any MP3 files upon your server at any time. Also, while we do recognize that, by law, you may have 1 backup of your music file, you cannot place it within the Xnext, Inc. servers. If you require online or offline backup services please contact us to reach an arrangement. Illegal MP3 Files Program(s) or Link(s) Used To Distribute High-Level Encryption To Nation(s), Country(ies), or Regimes that the United States And / Or NATO Have Current Embargoes On. You may not, at any time, have readily accessible files or folders (either through a direct link on your site or through access to your FTP account) that contain High-Level Encryption (such as RSA, 128 Bit Encoding for Browsers) code or programs to any country that the United States And / Or NATO has a current embargo on. Speech, Images, or Content That Is Determined To Be Hateful This is left up to the discernment of Xnext, Inc. and does include all content, images, and Meta Keyword Tags plus any text files located on your site. We do believe in the freedom of speech as a method of conveying responsible speech. Software Used For Remotely Spamming Spamming is not tolerated. If, at any time, you, the Client(s) is reported for spamming using our servers, systems, or products you will be held responsible. Xnext, Inc. will pass any and all guilt, damages and fees incurred as a result of the Client(s) use of spamming or a spam mechanism to you, the Client(s), and you, the Client(s), agree to accept all legal responsibility and said guilt, damages, and fees incurred (plus any other punishment or fine) as a result of spamming. Furthermore, you, the Client(s), agree that Xnext, Inc. shall be held blameless of any event or result caused by the spamming and shall furthermore be released of any legal charges by you, the Client(s). Software Used For Keeping Track Of Others (aka "Data Harvesting") If you are not running an E-Commerce site you may not keep track of Client(s) or User(s) that view your site for the purpose of Data Harvesting and selling said Data Harvest to any advertising company. If you require such a function, please speak to Richard Young at Xnext, Inc. to see what can be arranged. Any unauthorized use will be dealt with expediently. Consequences The consequences for failure to comply with any of the above rules will be an immediate removal of your, the Client(s), FTP service and your Web Site will be taken offline. Any legal actions that have to be taken (depending on the severity of the offense) due to the particular infringement will be taken. In the case of legal requirements to notify the FBI or other government agencies please be advised that they will be notified that, within 2 hours of your, the Client(s), web site and FTP service being disabled and taken offline, all content on the FTP will be immediately locked down, all your personal data as provided by you, the Client(s), to Xnext, Inc. will be collected from our files, all the "hit" logs (logs that keep track of IP activity on your site), and any other information available will be immediately turned over to the corresponding federal and state agency(ies).You also agree that you will not hold Xnext, Inc, its past, present, and future employees, and its past, present, and future partners liable for any event, cause, or result of you, the Client(s), not following the Acceptable Use Policy. If your actions result in the web server having to be shut down and / or generally interrupt the normal business flow as deemed by Xnext, Inc. you will be held responsible for said action and will be billed for losses accrued by Xnext, Inc. due to your, the Client(s), action(s). Any legal fees incurred by Xnext, Inc. by the actions of you, the Client(s), will be charged directly to you, the Client(s).In the case of the actions of one employee or contract worker for a Client(s) you, the Client(s), will allow Xnext, Inc. to determine if the employee is responsible or if it is the result of incompetence on their company’s behalf. You, the Client(s), also agree that, if it is found that the employee’s actions are due to incompetence on your behalf, you, the Client(s), will abide by the finding, willfully turn down your ability to get a second opinion, and assume legal responsibility for the cause and effect of the action. You furthermore agree that Xnext, Inc. shall not be liable in any country, nation, state, regime, province, or judicial system, legally or morally, for any damages, whether physical, financial, emotional, or any other kind of damages not listed here, incurred as a result of said employee or contract worker. You furthermore agree that you may not pursue any legal charges against Xnext, Inc. for you, the Client(s), deciding to not host with Xnext, Inc. on any ground concerning this Acceptable Use Policy or any other Xnext, Inc. policy .If you have any questions or comments about our policy you may call us at (863) 298-9698 during normal buisness hours or write us at info@Xnext.com.