XIT Telecommunication & Technology, Inc. d.b.a. XITNET
OBLIGATION AND LIABILITY
A. Responsibility of XIT Telecommunication & Technology, Inc.
The responsibility of XIT Telecommunication & Technology, Inc. (XT&T) is limited to furnishing and maintaining the facilities
required to provide the telecommunications service needs of its customers. In view of the possibility of error and difficulties in the
transmission of messages by telephone and Internet and the impossibility of fixing the causes thereof, the customers assume all risk connected with the service as XT&T cannot guarantee the uninterrupted working of its facilities.
B. Service Interruption
XT&T shall make all reasonable efforts to prevent interruptions of service. When interruptions occur, XT&T shall re-establish service within the shortest possible time. XT&T shall make reasonable provisions to meet emergencies, and in the event of national emergency or local disaster resulting in disruption of normal service, XT&T may, in the public interest, interrupt service to other customers to provide necessary service to Civil Defense or other emergency service agencies on a temporary basis until normal service to these agencies can be restored.
C. Undertaking of XT&T
XT&T does not undertake to relay, interpret, or transmit messages, but offers the use of its facilities, where available, for telecommunications between parties subject to the terms and conditions specified.
D. Use of Connecting Company Lines
When suitable arrangements, as determined by XT&T, can be made, facilities of other companies may be used in conjunction with XT&T’s facilities in establishing connections to points not reached by XT&T’s facilities. In establishing connections with facilities of other companies, XT&T is not responsible or liable for any action of the Connecting Company.
E. Busy Signals
XT&T makes a reasonable effort to minimize blocking due to busy signals. However, in a dial-up modem pool arrangement, XT&T cannot guarantee that busy signals will not occur.
This document represents the sole agreement and understanding between XT&T, Inc., its owners and employees (all hereafter
jointly referred to as XITNET) and the Customer. This agreement supersedes any other oral or written agreement the Customer may have been given.
XITNET reserves the right to change this agreement at any time, with electronic notice being given to the Customer in advance.
By using any and/or all XITNET services, the Customer agrees that he or she has read and understands these terms and conditions
and agrees to be bound by them.
Further, by making use of an XITNET account, the Customer certifies to XITNET that he or she is eighteen (18) years of age or
older. If the Customer allows an individual under eighteen years of age to access the Internet from Customer's XITNET account,
Customer takes full responsibility for the minor's access to any information that might be viewed as adult or unsuitable and agrees to hold harmless and indemnify XITNET for any claims or charges that arise from said minor's use of service.
Customer understands that XITNET reserves the right to terminate any account for any reason and at any time. Customer's sole
remedy is to receive a refund for prepaid but unused services.
Customer acknowledges that the Internet contains some information that may be deemed offensive, obscene, or adult in nature. Customer accesses such information at his or her own risk, and understands that XITNET has no way to limit access to this General Terms & Conditions
XIT Telecommunication & Technology, Inc. d.b.a. XITNET
XITNET services and accounts may only be used for lawful purposes. Use of an XITNET account or service in an illegal manner is ground for immediate termination. Customer agrees to hold harmless and indemnify XITNET against any claims or charges that arise from Customer's use of XITNET services and/or
Use of an XITNET account to gain passwords, encryption codes, or other security information of XITNET or other sites on any computer network is grounds for immediate termination and, if illegal, will be reported to the proper authorities. Use of an XITNET account to break into a XITNET or other site's machine is also grounds for immediate termination and will be reported to the affected site and the proper authorities.
Information transmitted over the Internet and/or other computer networks is generally not considered to be secure. While XITNET respects the privacy of our customers, the Customer understands that there is no guaranteed privacy on the Internet and that XITNET can not be liableor responsible for any viewing or interception of Customer's e-mail, downloads, news, etc., by other customers or individuals at XITNET or on any network.
Further, while XITNET does not in any way monitor the content of any Customer's e-mail, Use-net postings, downloads, etc., the Customer understands that XITNET has the right to monitor user activity if said activity is adversely impacting XITNET services and/or another site. XITNET will not, however, disclose user activity to another site or entity unless required by court order, subpoena, or other legal force.
The Customer understands that, while XITNET makes every effort to maintain the security of its machines and user-ID's, XITNET is not liable if Customer's user-ID is compromised. Further, the Customer is expected to maintain a secure password consisting of no known word or phrase and using numbers, characters, and (optionally) punctuation. Hence, the Customer may be held liable for any actions taken by an individual or group who have obtained/guessed the Customer's password and used it to access his account.
Under no circumstances is XITNET liable for the actions taken by a compromised account.
XITNET reserves the right to move or delete the Customer's mailbox if said mailbox has reached a size that is adversely affecting system performance.
Further, Customer acknowledges that XITNET has the right to kill any mail processes being run by the Customer that are adversely affecting system
performance. In these and all instances of system performance being affected, XITNET is the sole judge of what is adverse.
XITNET makes no warranty of its service and availability. While a good faith effort will be made to restrict any and all downtime to scheduled maintenance periods, no guarantees are made as to any account, product, or service offered by XITNET. In addition, XITNET makes no warranty of Customer transmissions, connections, downloads, etc.
Customer is solely responsible for any losses, damages, or expenses related to service failure, whether caused by XITNET or a Customer, and agrees that XITNET shall not be liable for any or all of same.
Customer agrees to abide by the generally accepted rules of "netiquette" and the acceptable use policies of any networks or services accessed while using XITNET. It is the responsibility of the Customer to familiarize himself/herself with these rules if he or she is not already cognizant of them. Violations of said rules and policies may be grounds for termination of Customer's account with XITNET, with Customer agreeing to abide by XITNET's interpretation of the
Netiquette violations that may result in the termination of Customer's account include, but are not limited to, the following:
1. Using an XITNET mail server to "mail bomb" users/sites on the net. Mail bombing in this sense refers to sending very large and/or very manymessages to a user or site, usually in the hopes of filling their disk space or quota and causing their mail server to crash or their mail to bounce.
2. Sending unsolicited e-mailings which provoke complaints from the recipient(s).
3. Posting a single article or substantially similar articles to an excessive number of news groups (e.g., more than 10) which provoke complaints.
4. Continued harassment of other users, whether XITNET or not, after being asked to stop the correspondence by both the recipient and XITNET.
5. Sending mass e-mail (e.g., more than 20 recipients) that provokes complaints to XITNET, or sending such mail of such a large volume or size that it adversely affects an XITNET contracted mail server.
6. Posting and/or e-mailing pyramid schemes and/or chain letters to any news group, mailing list, or individual.
7. Making repeated off-topic posts that generate complaints to XITNET. While XITNET does not monitor the contents of its users' posts, it does expect the Customer to abide by the charter of each news group and will respond to complaints of repeated charter violations.
8. Engaging in any of the above from another provider and referencing an XITNET mail account or WWW page in the message.
9. Running bots or other automated processes on any IRC server, whether said server is run by XITNET or not.
10. Harassing other IRC users, whether by kicking them off a channel, mass messaging, or other means.
11. Impersonating another user and/or forging header information on e-mail or posts.
12. Using a FTP server of XITNET or another site to exchange and/or store pirated software or software designed to facilitate piracy.
Should any of the above violations require corrective action on the part of XITNET, the Customer will be held liable for all costs associated with such action.