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Hosting Acceptable Use Policy

Nexigen provides Internet World Wide Web page hosting, Marketing, and Development. Nexigen has certain legal and ethical responsibilities consisting with the use of its server and equipment involved in these services. Nexigen's general policy is to act as a provider of Internet presence. Nexigen reserves the right to suspend or cancel a customer's access to any or all services provided by Nexigen when we decide that the account has been inappropriately used.

Server Abuse
Any attempt to undermine or cause harm to Nexigen's servers or customers is strictly prohibited. Nexigen will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc. Any unauthorized use of accounts or computers by a Nexigen client, whether or not the attacked account or computer belongs to Nexigen, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

Nexigen has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined herein. Unacceptable uses also include, but are NOT limited to, bulk emailing, sending unsolicited email (spam), newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by Nexigen to be unacceptable use of Nexigen's services including abuse of server resources. Accounts may be terminated if they include the following content or contain links to the following content: Providing material that is grossly offensive to the Web community, including blatant expressions of bigotry, racism, hatred, instructional information about illegal activities, the promotion of physical harm or injury against any group or individual, the display of material containing obscene nudity or pornographic material (not applicable to dedicated servers), material that exploits children under 18 years of age, acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.  Customers may not run IRC bots or clients on shared servers.

Abuse of Traffic
Nexigen's shared web hosting accounts are intended to serve web documents, not an off site storage area for electronic files. More than 90% of files stored in these accounts must be linked to web pages. Web sites that are found to contain either no html-encoded documents or a large number of unlinked files are subject to warning, suspension, or cancellation at the discretion of Nexigen management. Any customer who violates Nexigen's Policies in abusing either space/site transfer will be notified and given 2 days to remedy the problem. If the problem is not resolved within the allotted period, the client will be billed for the overages. To maintain the integrity of our shared hosting service the following limitations apply: Sites may not store banners, graphics or CGI scripts running from their account for use on other domains either on or off Nexigen's systems. Sites may not offer files or archives for download (50% or more of the monthly traffic cannot be from file downloads). Sites may not use more than 30% of system resources for longer than 60 seconds. Nexigen will be the sole arbiter as to what constitutes a violation of this provision.

Unsolicited Email (Spam)
Unsolicited commercial advertisements or solicitations (spam) are not allowed in any e-mail sent from a Nexigen system or with an address from a domain hosted on a Nexigen system. Abuse of the e-mail system will result in account cancellation. Nexigen takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers and network. We will charge the compromised account up to $25 per unsolicited email message sent. You may not send unsolicited bulk or commercial messages ("spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts whether to an individual or internet newsgroup. Such messages may only be sent to those who have explicitly requested it from your domain. Forging, altering or removing electronic mail headers is prohibited. Any domain sending stealth spam will be terminated without warning and without refund. You may not send numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing"). Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages. If you use the services of another provider to promote a web site hosted by or through Nexigen (spamvertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers.

CGI Scripts
Many shared web hosting accounts come with its own cgi-bin directory. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation.

Background Running Programs
We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

IRC
We currently do not allow IRC or IRC bots to be operated on our servers. You can, however, install IRC clients and servers on dedicated servers.

Cancellation
Nexigen reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Nexigen if Nexigen institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc). All of Nexigen's web hosting plans are backed by a 30 day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount excluding setup fees, domain registration fees, and overages. Setup fees are refundable only if the account order is canceled prior to account activation. For all web hosting clients who cancel, the full contract amount less any setup fees and overages will be refunded if Nexigen is notified within the first 30 days following activation. No refund is available after the 30th day. Refunds will be made by company check or issued back to your credit card within 30 days of receipt of cancellation.  Accounts which violate this HAUP will not be eligible for a refund.

Intellectual Property Rights
Material accessible to you through Nexigen's services may be subject to protection under United States or other copyright laws, or laws protecting trademarks, trade secrets, or proprietary information. Except when expressly permitted by the owner of such rights, you may not use Nexigen's servers or network in a manner that would infringe, violate, dilute, or misappropriate any such rights.

Network Security
Customers may not use the Nexigen network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Nexigen will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Electronic Commerce
You will be solely responsible for the operation and maintenance of your online store. You are responsible for any and all contents and materials appearing on your site, including without limitation the accuracy and appropriateness of content and materials appearing, ensuring the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints that may arise. You are responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your web site. You will keep all such information confidential.

Static / Dynamic Content Caching
You expressly grant to Nexigen a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by Nexigen under this Agreement and agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

IP Address Ownership
Nexigen shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Nexigen. Nexigen reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.