Acceptable Use Policies

What you can do and what you can't do.

Acceptable Use Policies

By using xTom.com, Inc.'s ("xTom", "our", "us" or "we") products and services, you ("you", "your" or "Customer") agree to comply with our policies. We expect you to have a basic knowledge of how the Internet functions, the types of uses that are generally acceptable, and the types of uses that are to be avoided. Common sense is the best guide as to what is considered acceptable use.

This Acceptable Use Policy (this "AUP") is incorporated by this reference into each Master Service Agreement, Colocation Agreement and/or Service Order. Your use of our products and services is subject to your acceptance and compliance with this AUP. YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THE TERMS OF THIS AUP. We reserve the right to amend or modify this AUP from time to time, and your use of our products and services. We will post changes to the AUP on the legal page of our website at acceptable-use-policy , which posting will constitute your acceptance of any such amendments or modifications.

You are responsible for complying with this AUP and for violations attributable to your customers and users, whether authorized or not by you or by us. You must take all reasonable steps to ensure that your customers and users comply with this AUP.

WE EXPRESSLY DISCLAIM ANY LIABILITY FOR THE DATA AND CONTENT TRANSMITTED THROUGH OR TEMPORARILY OR PERMANENTLY STORED ON OUR NETWORK OR ANY SERVER AND FOR THE ACTIONS OR OMISSION OF USERS.

Interpretation

The provisions of this AUP are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this AUP, are prohibited. We reserve the right at all times to prohibit activities that damage our or our affiliates' commercial reputation and goodwill. We will be the sole and final arbiter as to what constitutes a violation of our policies.

Illegal Use

Our products and services may be used only for lawful purposes. Transmission, distribution, storage, or linking to of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property rights used without proper authorization, and material that is defamatory, constitutes an illegal threat, violates export control laws, or is otherwise prohibited by US law.

IRC

We do not allow any IRC (Internet Relay Chat) servers, bots, responders, and clients to be operated on our network or servers. Discovery of IRC services running on your server will result in immediate service suspension which will result in a server reconnection fee if we are satisfied that you have removed the service. We reserve the right to immediately terminate servers that are running IRC services. As with any terminated account, no refunds for any prepaid service period will be made.

Communications

Communications with or submitted to xTom including but not limited to emails, support tickets, chats, and voice conversations are the exclusive property of xTom and are not to be copied, shared, or otherwise reproduced without prior explicit written permission from xTom.

Foul, explicit, rude, or abusive language will not be tolerated and may result in immediate account termination without refund.

Security

Violations of our system or network security are prohibited, and may result in criminal and civil liability. Our servers and networks may not be used for:

The preceding list is an example and not an exhaustive list of prohibited activity. If you are aware of or believe that a violation of this AUP has occurred, please contacts us and report the violation as set forth in the last paragraph of this AUP.

Spamming

You may not:

All users must comply with all relevant legislation and regulations on bulk and commercial e-mail, including but not limited to the CAN-SPAM Act of 2003.

Users may not send mass unsolicited e-mail, which is email that is sent to recipients who have not "opted-in" to mailings from the user. Users who send mass mailings must maintain complete and accurate records of all consents and opt-ins and provide such records to xTom upon its request. If a user cannot provide positive and verifiable proof of such consents and opt-ins, we will consider the mass mailing to be unsolicited. Users are prohibited from operating mailing lists, listservs, or mailing services that do not target an audience that has voluntarily signed up for e-mail information using an "opt-in" process or that has made their e-mail addresses available to a user for distribution of information. Users who operate mailing lists must maintain complete and accurate records of all consents and "opt-in" elections and provide such records to xTom upon its request. If a user cannot provide positive and verifiable proof of such consents and "opt-in" elections, we will consider the list mailing to be unsolicited. Any user-maintained mailing list must also allow any party on the list to remove itself automatically and permanently. Other prohibited activities include, without limitation, the following:

  1. use of our network for the receipt of replies to unsolicited mass e-mail;
  2. forgery of e-mail headers (spoofing);
  3. spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software;
  4. configuration of a mail server to accept and process third-party messages for sending without user identification and authentication;
  5. hosting web pages advertised within "spam e-mail" sent from another network (spamvertising);
  6. hosting web pages or providing services that support spam;
  7. any other unsolicited bulk messages, postings, or transmissions through media such as weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-up messages, instant messages, or SMS messages; and instructing others in any activity prohibited by this AUP.

If you or any user that is your customer use our products or services in a manner that causes us or our affiliates or customers to be "blacklisted" or blocked, we reserve the right to (i) suspend permanently or terminate your xTom services and/or (ii) suspend permanently or terminate your access to the xTom services. Operating our products or services on behalf of, or in connection with, or reselling any service to persons or firms listed in the Spamhaus Register of Known Spam Operations database at http://www.spamhaus.org/ shall constitute a violation of this AUP.

If, as a result of your actions, our mail servers or IP address ranges are placed on black hole lists or other mail filtering software systems, we shall charge you $250 upfront and $120 per hour thereafter for any necessary remedial actions.

Consequences of Violations

When we become aware of a violation or an alleged violation of this AUP, we will initiate an investigation. During the investigation we may restrict Customer's access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, we may, in our sole discretion, restrict, suspend, or terminate Customer's account and/or pursue other civil remedies. If such violation is a criminal offense, we will notify the appropriate law enforcement department of such violation. We reserve the right to disclose information relating to you and your use of our products and services, if such information is disclosed in connection with an investigation or in order to prevent the death of or bodily harm to any individual, as determined by us in our sole discretion. We do not issue service credits for any product or service incurred through service disablement resulting from policy violations and we will not be in default for so disabling any such services. You shall be liable for all costs and expenses incurred by us resulting from an investigation of your prohibited use of our products and services.

You will cooperate and comply with any investigation regarding this AUP or the use of our products or services, including, without limitation, the following: discovery orders, subpoenas, freeze orders, search warrants, information requests, wire taps, electronic intercepts and surveillance, preservation requests, and any other order from a court, government entity or regulatory agency.

We may enforce this AUP, with or without notice to you, by any action we deem reasonable, in our sole discretion. In addition to the remedial provisions provided elsewhere in this AUP, we may:

Abuse fees of $100 per hour (minimum billing increment is 1 hour) may be billed to your account at xTom's discretion for time spent handling any investigation or abuse reports. Abuse fees are due in full within 12 hours and must be paid before any suspended service may be reactivated, suspended services may also be charged a reactivation fee of $160. Failure to pay abuse fees by the due date or failure to respond to abuse tickets promptly may result in suspension or termination of all services within the account. Terminated services will not be reactivated. Before reactivating suspended services we may require prepayments for the next billing period and for any currently open invoice to be settled immediately.

Reporting Abuse

Any party seeking to report any violations of xTom's policy may contact via e-mail: info@xtom.com

Setup Time

We typically aim to deploy servers within 2-10 business days, however for various reasons we may need up to 60 calendar days to deploy your server. We will deploy your server as soon as possible. No refund will be provided for servers that are cancelled while waiting for deployment.

Support

System software support is only provided for "fully managed" server customers. Absolutely no software support is provided for "unmanaged" server customers, unmanaged clients can certainly submit support requests relating to replacing failed hardware. All servers come with integrated IPMI/KVM allowing you complete remote control over the system. Our unmanaged products are intended for expert system administrators, or those who have their own system administrators already employed. Unmanaged customers facing KVM or hardware outages will be dealt with on a "best effort" basis during business hours, however immediate response and assistance can be received with the use of a high priority ticket (which will incur a fee of $65). Managed customers hardware is monitored 24/7 and high priority tickets for managed clients are free of charge for dealing with any hardware or website outages.

Account Ownership

Accounts opened with a company name are for official use by the mentioned company only, and you confirm that you are authorized to make purchases for and on behalf of the company, and that the company has authorized use of and will pay for xTom's services. Accounts may not be loaned, transferred, or sold to third parties. To transfer a server or service to a third party you must contact xTom to arrange the transfer of the service into a new account.

Billing Period

Billing period change requests will be considered on a case by case basis, at xTom's sole discretion. We reserve the right to refuse any billing period change request without reason. If you sign up on our monthly rate and then at a later date wish to submit a change request for a quarterly or other prepaid billing period you must give us at least 10 days notice via the support portal before your next due date. Failure to provide notice will result in your current billing period staying in effect for one more period, and the change, if accepted by management, will take effect on the next period after that.

Cancellations

You may cancel your server by providing us with at least 10 days cancellation notice via a ticket in the support portal ( https://my.xtom.com/ ). If you fail to provide notice 10 days before the end of your billing period you agree to be billed for 1 more period.

Special Offer & Discount Pricing

Special offer pricing may be limited to 1 per customer, or new customers only, decided on a per case basis. Special offer/discounted servers may not be used to replace existing services. Cancelling of any server will result in promotion pricing being removed from all servers ordered on special offer/discount, regular pricing for all servers will be applied.