AXX.net
Terms and Conditions (Acceptable Use Policy)

These are the Acceptable Use Policies (AUP) of AXX.net, a subsidary of Warlord Productions, Inc. All clients of AXX.net agree to abide by these policies. AXX.net reserves the right to change and update these pol icies as it sees necessary.

Introduction

The primary purpose of AXX.net, a subsidary of Warlord Productions, Inc., is to facilitate communication with the numerous computer networks commonly referred to collectively as "the Internet." It is AXX.net intention to allow AXX.net users complete access to everything the Internet has to offer, with minimal or no interference from AXX.net.

However, many of the individual networks or portions of the Internet have specific guidelines for use. As the Internet expands, it is increasingly common for an Internet Service Provider, such as AXX.net, to be blocked from use of another organization's systems due to violations of that system's guidelines. Because AXX.net runs multi-user systems, actions of one AXX.net customer can have a severe impact on other customers' ability to use the system(s). This is unfair to all AXX.net customers.

To this end, AXX.net has developed these Acceptable Use Policies. They are intended to inform AXX.net Customers of what AXX.net considers to be acceptable conduct in relation to the Internet, and to inform Customers what actions AXX.net may take, with or without notice, in the event that AXX.net becomes aware of inappropriate use of AXX.net service. This AUP will be used to help AXX.net system administrators deal with complaints from users of AXX.net or other Internet-connected systems, and to determine when action should be taken.It is expected that all AXX.net Customers will follow the policies set forth herein. These policies are drawn from applicable law and generally accepted standards of Internet conduct, and are intended to ensure protection of AXX.net technical resources, ability to continue to provide high quality service to its customers, and the protection of AXX.net reputation as a service provider.

ACCESS TO AXX.net INTERNET SERVICE IS PROVIDED SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:

1. Warranties/Disclaimers

AXX.net Internet service is provided on an "as is, as available" basis. No warranties, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to AXX.net or any information or software therein. You release AXX.net from and Warlord Productions, Inc. shall have no liability or responsibility for any direct, indirect, incidental or consequential damages suffered by you in connection with your use of or inability to use the AXX.net services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions, or due to inadvertent release or disclosure of information sent by you even if the same is caused by AXX.net own negligence. Without limiting the generality of the foregoing, AXX.net disclaims to the full extent permitted by applicable law any responsibility for (and under no circumstances shall be liable for) any conduct, content, goods and services available on or through the Internet or the AXX.net services. In no event shall AXX.net aggregate liability exceed the amount paid by you to AXX.net for the AXX.net services. Use of any information obtained via AXX.net Internet service is at the user's own risk. AXX.net specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.

2. Security

The Customer is responsible for all use of the Customer's account(s) and confidentiality of password(s), including choosing safe passwords and ensuring file protections are set correctly. AXX.net will suspend access or change access to Customer's account(s) immediately upon notification by Customer that Customer's password has been lost, stolen or otherwise compromised. AXX.net is not liable for any usage and or charges prior to AXX.net making the necessary account alteration. Electronic mail on this system is as private as we can make it. AXX.net Customers are reminded that no computer network can ever be considered completely safe from intrusion. E-Mail may pass through many computer systems, and should not be considered a secure means of communication unless encrypted – and even encrypted information is only as secure as the encryption method utilized.

3. Personal Files

AXX.net is not responsible for any Customer's personal files residing on AXX.net. The Customer is responsible for independent backup of the Customer's data that is stored on AXX.net. AXX.net reserves the right to delete any Customer 's personal files after one or both parties terminates the service agreement between AXX.net and the Customer.

4. Non-Transferability of Account

The right to use AXX.net Internet service is not transferable. Use of AXX.net accounts is expressly limited to the individual or business whose name appears on the account and dependents of the account holder living at the same address. A Customer may use no more than one log-in session per account at any time. If a Customer has multiple accounts, the Customer is limited to one log-in session per account at any time.

5. Network Address Ownership

Any network address assignments issued by AXX.net (i.e., IP addresses and Class C address space) are the property of AXX.net and are considered to be loaned to its customers. In the event service with AXX.net is discontinued for any reason, such addresses will revert to AXX.net. If a Customer of AXX.net participates in a service of AXX.net which provides for a unique Domain Name System (DNS) entry, the Customer will retain ownership of the assigned Domain Name, but not the IP address to which it was assigned by AXX.net.

6. Compliance with all Laws

Customer agrees to use the service in a manner consistent with any and all applicable laws and regulations of the United States of America, the Commonwealth of Washington, State of Washington, and the Customer's locality. Reproduction or transmission of any material in violation of any local, state, U.S., or international law or regulation is prohibited. The Customer agrees that any material to be reproduced or transmitted on AXX.net service through Customer 's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene, libelous or threatening. Software intended to facilitate any such violations or infringements may not be stored on AXX.net. The Customer shall defend, indemnify and hold harmless AXX.net from and against any claims, liabilities and expenses, including attorney fees, resulting from any Customer's use of the AXX.net service or a Customer's account in an unlawful manner or otherwise in violation of or contrary to the Customer's Agreement with AXX.net or AXX.net Acceptable Use Policies. At AXX.net discretion, AXX.net may revoke any Customer's access to AXX.net services or accounts for inappropriate usage.

7. Unacceptable Conduct

The following types of conduct are grounds for immediate suspension of service pending investigation by AXX.net and may result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic. In addition, AXX.net reserves the right, where feasible, to implement technical mechanisms which block multiple postings by a AXX.net Customer as described in (a) and (b) below before such postings are forwarded:

(a) Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 20) or continued posting of articles which are off-topic according to the newsgroup charter, or which provoke complaints from the regular readers of the newsgroup for being inappropriate).

(b) Sending unsolicited mass E-Mailings (i.e., to more than 25 users) which provoke complaints from the recipients.

(c) Engaging in either (a) or (b) from a provider other than AXX.net and using an account on AXX.net as a mail drop for responses, or to draw attention to a web site housed within AXX.net networks.

(d) Continued harassment of other individuals on the Internet after being asked to stop by those individuals and/or by AXX.net.

(e) Mail bombing, i.e., sending large volumes of unsolicited E-Mail to individuals or to individual business accounts.

(f) Impersonating another user or otherwise falsifying one's user name in E-Mail, Usenet postings, on Internet Relay Chat (IRC), or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.)

(g) Privacy violations: Attempts, whether successful or not, to gain access to any other system or users' private data without express consent of the user.

(h) Use of IRC bots or clonebots on AXX.net, whether on IRC servers controlled by AXX.net or by other parties. An IRC bot is a program which runs and is connected to an IRC server 24 hours a day, automatically performing certain actions.

(i) Network unfriendly activity: Attempts to interfere with the regular workings of AXX.net systems or network connections or which adversely affect the ability of other people or systems to use AXX.net services or the Internet, including, but not limited to:

  1. any unauthorized attempts by a user to gain root access or access to any account not belonging to that user on this or any other AXX.net system;
  2. any use of this or any other AXX.net system as a staging ground to disable other systems.

(j) Any activity which violates the laws or statutes of the United States or the Commonwealth of Washington, and the State of Washington.

8. Excess Utilization of System or Network Resources

AXX.net account descriptions in some cases may specify limits on bandwidth, CPU and disk utilization for certain types of Customers, and use up to these limits is included in the price for that type of Customer. In the event AXX.net determines that a Customer is exceeding the bandwidth, CPU and/or disk utilization limits, the Customer will be notified by E-Mail. If the excess use continues for more than 48 hours after such notification, the Customer may be requested to upgrade to a web hosting service agreement or to modify the activity creating the excess use. If excessive bandwidth, CPU or disk space utilization is determined by AXX.net to adversely affect AXX.net ability to provide service for all customers, immediate action may be taken to alleviate the problem. In such event, the Customer will be notified by E-Mail as soon as practicable.

9. Compliance with Rules of Other Networks

Any access to other networks connected to AXX.net Internet service must comply with the rules for that other network as well as with AXX.net rules.

10. Monitoring/Privacy

AXX.net reserves the right to monitor any and all communications through or with AXX.net facilities. Customer agrees that AXX.net is not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that no expectation of privacy is afforded. It may become necessary for AXX.net employees to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred. AXX.net also reserves the right to access a Customer's mailbox or other files stored on AXX.net systems to resolve system problems or mail system errors.

11. Cooperation with Authorities

AXX.net reserves the right to cooperate with law enforcement and other authorities in investigating claims of illegal activity including, but not limited to, illegal transfer or availability of copyrighted material, postings or e-mail containing threats of violence or other illegal activity.

12. Confidentiality of Personal Subscriber Information

AXX.net will not release a Customer's personal subscriber information, nor a Customer's billing information, to any third party except upon presentation of a valid court order of a government or entity within our jurisdiction. Customer agrees that AXX.net judgment as to the validity of any court order of subpoena shall be considered proper and final.

13. AXX.net Right to Suspend or Cancel Account

AXX.net reserves the right to suspend or cancel service to a Customer at any time and without notice, for any reason, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of AXX.net that the Customer may be performing activities harmful to AXX.net or its Customers, employees, vendors, business relationships or any other users of the Internet.

14. Right to Damages

AXX.net reserves the right to collect damages (software, hardware and man hours) if any harm is done to AXX.net which requires repair or reconfiguration of any kind. In the event a Clients account is turned over to a collection agency, Client accepts and acknowledge that the Client will be responsible for all applicable fees AXX.net incurs related to t he collection of monies due AXX.net.

15. Other Remedies/Non-Waiver

Nothing contained in these policies shall be construed to limit action AXX.net may take or remedies available to AXX.net in any way with respect to any of the described conduct. AXX.net reserves the right to take any additional actions AXX.net may consider appropriate with respect to such conduct, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the AXX.net service, and levying cancellation charges to cover AXX.net costs in the event of disconnection of dedicated access for the causes outlined above. In addition, AXX.net reserves at all times all rights and remedies available to AXX.net with respect to such conduct at law or in equity. Non-enforcement of any policy or rule herein does not constitute consent or waiver, and AXX.net reserves the right to enforce such policy or rule at its sole discretion.

16. AXX.net Right to Change Service

AXX.net reserves to right to change without notice the AXX.net service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.

17. AXX.net Right to Modify its Acceptable Use Policies

AXX.net may modify its Acceptable Use Policies upon notice published online via AXX.net. Customer's use of AXX.net services after such notice shall constitute Customer's acceptance of the modifications to these policies.