vXchnge’s third-party bandwidth access providers require that Customer comply with the respective third-party bandwidth provider’s AUP and other terms and conditions of service. The AUPs are pass-through requirements of the respective providers. vXchnge notifies Customer promptly upon learning of any alleged AUP violation of the underlying provider. Immediately upon such notice, Customer is responsible for investigating complaints and taking the necessary steps to remedy any violations. vXchnge reserves the right to terminate its agreements at any time if AUP violations are not promptly cured, subject to lump-sum early termination charges as provided in the agreement. If service is terminated by the underlying provider for AUP violations, vXchnge will not sell like services from another third-party bandwidth access provider to the AUP violator.
The text below details the Acceptable Use Policy (AUP) for the use of services provided by vXchnge by the client/user (hereinafter known as Customer). This document supersedes all forms of this document previously published by vXchnge.
All Customers of vXchnge are required to be familiar and comply with this policy. Use of vXchnge services in any form constitutes acceptance of this Acceptable Use Policy and agreement to adhere to it. This Acceptable Use Policy may be known hereinafter as policy, AUP or Acceptable Use Policy.
The effective date of this Acceptable Use Policy is the date of acceptance by the Customer of services from vXchnge, and they shall remain in effect until Customer terminates his/her account or vXchnge cancels Customer's account.
Continued use of vXchnge services constitutes agreement to this Policy and any modifications to this AUP thereof.
Provision of Services
- vXchnge will provide services on its host computing systems to individual account holders in exchange for payment of fees and compliance with the terms and conditions of this document.
- vXchnge services are defined as the use by the account holder of computing, telecommunications, software, and information services provided by vXchnge. These services also include the provision of access to computing, telecommunications, software, and information services provided by others using the Internet.
- vXchnge includes access to the entire Internet community. Some of the Internet-based material and discussions contain language or pictures about subjects intended for adult audiences. Account holders less than 18 years old must have a parent or legal guardian agree in writing on the registration form to these conditions to indicate acceptance, and the parent or legal guardian agrees to be responsible for payment of the account.
- Utilization of IP addresses allocated by vXchnge to its customers is controlled by ARIN; therefore, vXchnge customers must adhere to ARIN’s Address Assignment Policy and Procedures.
- vXchnge excercises no control whatsoever over the content of the information passing through. vXchnge makes no warranties of any kind, whether expressed or implied, for the service it is providing. vXchnge also disclaims any warranty of merchantability or fitness for a particular purpose. vXchnge is not responsible for any damage you suffer. This includes loss of data resulting from delays, non-deliveries, missed deliveries, or service interruptions caused by its own negligence or your errors or omissions. Use of any information obtained using vXchnge services is at your own risk. vXchnge specifically denies any responsibility for the accuracy or quality of information obtained through its services. vXchnge bears no responsibility for the performance of any third-party network or end-user resource comprising the “Internet.”
- vXchnge will publish a notice of fee increases 30 days before such increases take effect.
- The service starting date is the day on which vXchnge activates the account. The set-up fees and first-month fee, as outlined in the vXchnge Registration Form, are refundable if the account holder cancels within 7 calendar days of the service starting date.
- Account holder understands that the service period extends for 1 month and is automatically renewed unless terminated by the account holder or by vXchnge. vXchnge reserves the right to change its fees at any time, but must inform the account holder in writing at least 30 days prior to the new rate. Fee changes take effect at the time of renewal. vXchnge reserves the right to terminate any account in violation of any term of this policy.
Use of Material
- Public Domain materials (for example, images, text, and programs) may be downloaded or uploaded using vXchnge services. Account holders may also re-distribute materials in the public domain. The account holder assumes all risks regarding the determination of whether the material is in the public domain.
- As provided by United States federal law and by international treaties, copyrighted materials (for example, images, text, and programs) cannot be uploaded using vXchnge services without the permission of the copyright holder. Copyrighted materials may be downloaded for personal use. Except as expressly permitted, materials under copyright cannot be distributed to others. Copyrighted material cannot be changed nor can the author attribution notices nor the copyright notices be modified.
Use of Services
- The account holder agrees to maintain a secure password to the account. Secure passwords are those that are between 6 and 8 characters long, contain upper and lower-case letters and numbers or other characters, and cannot be found in direct or reverse order in a dictionary, without regard to the language of the dictionary.
- The account holder agrees to use the services provided by vXchnge as permitted by applicable local, state, and federal laws. The account holder agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law.
- The account holder agrees not to use any process, program, or tool using vXchnge services for guessing the passwords of account holders on this or other systems. The account holder agrees not to use the services to make unauthorized attempts to access the systems and networks of others.
- vXchnge and connecting networks can be used by account holders to conduct legal businesses. These businesses should, however, not impinge upon the use of vXchnge services by other account holders.
- Sending unsolicited bulk email is considered SPAM and is unlawful. The sending of any form of unsolicited bulk email through vXchnge’ services is prohibited. Likewise, the sending of SPAM from another service provider advertising a web site, email address or utilizing any resource hosted by vXchnge, is prohibited. vXchnge accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
- Connecting wireless access points to the vXchnge network is prohibited.
- Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by vXchnge customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to/from any vXchnge hosted domain, or referencing any vXchnge account, is prohibited.
- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send SPAM, initiation of pinging, flooding, mail-bombing, denial of service attacks is strictly prohibited.
- Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.
- Customer may not attempt to gain access to any account or computer resource not belonging to that user (e.g., "cracking").
- Customer may not obtain or attempt to obtain service by any means or device with intent to avoid payment.
- Customer cannot initiate unauthorized access, alteration, destruction, or any attempt thereof, of any information of any vXchnge customers or end-users by any means or device.
- Customer is prohibited to knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the vXchnge network or on another provider's network.
- Account holder cannot use their Internet account to harass or abuse other members of the Internet community or for any unlawful purpose.
- The account holder acknowledges that vXchnge makes an honest effort to keep the information available on vXchnge' systems accurate. However, vXchnge can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity for the data and/or information available. Use of information obtained from or through vXchnge is at the risk of the account holder.
- The account holder also acknowledges that the information available through the interconnecting networks may not be accurate. vXchnge has no ability or authority over the material. vXchnge can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information residing on or passing through these networks. Use of information obtained from or through vXchnge services is at the risk of the account holder.
- The account holder agrees to indemnify and hold vXchnge harmless from any claims, including attorney's fees, resulting from the account holder receiving vXchnge services which cause direct or indirect damage to another party.
- vXchnge is not responsible for any materials stored on their host's systems.
Abuse of Services
- Any use of vXchnge system resources that disrupts the normal use of the system for other vXchnge customers is considered to be abuse of system resources and is grounds for administrative intervention. Some examples of system abuse include, but are not limited to such things as phishing, distributed denial of service, or copyright and/or trademark infringement.
- Depending on the nature and the severity of the abuse, the user may receive an email warning or the user's account may be suspended by vXchnge Network Operations Center. If the misuse is unintentional, the suspension may be rescinded following discussion with vXchnge Network Operations Center. If the misuse is intentional, the suspension may be rescinded at the discretion of the vXchnge Network Operations Center Manager and may require the payment of a service reconnection charge. Occasionally, unintentional misuse is misclassified as intentional misuse. Customers who believe their activity has been misclassified can appeal to the vXchnge Network Operations Center Manager.
- Violations of any of this AUP are unethical and can be criminal offenses. You are expected to report to vXchnge any information you may have concerning instances in which the AUP has been or are being violated. When vXchnge becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, vXchnge can suspend access to services to the individual account in question. Confirmation of violations can result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of the vXchnge Network Operations Center Manager, following payment of a reconnection charge.
- Copyright. All images, text, programs, and other materials found in the www.vXchnge.com website is protected by United States copyright laws. Any commercial use of images, text, programs or other materials found within the said websites is strictly prohibited without the express written consent of vXchnge.
- Trademarks. The names, logos, and taglines identifying vXchnge’s products and services are proprietary marks of vXchnge, Inc. or its subsidiaries. All other trademarks and service marks are the property of their respective owners.
- Content Submission. Certain areas of the vXchnge Web Site allow for the exchange of information between the customer and vXchnge. Any submission by the customer becomes the property of vXchnge, and the customer implicitly grants vXchnge the authority and right to use that content in accordance with vXchnge corporate privacy policies.
- Customer Responsibility. The customer assumes all responsibility for the use of the vXchnge Web Site. The customer waives all claims against vXchnge, Inc., its officers, directors, employees, suppliers, and programmers that may arise from the utilization of the vXchnge Web Site. Each vXchnge customer is responsible for the activities of its users and, by accepting service from vXchnge, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of a vXchnge customer will be forwarded to the vXchnge customer's primary contact for action.
- Accuracy of Information. While all reasonable attempts are made to ensure the accuracy of information, neither vXchnge, nor its information contributors can be held responsible by the customer for the accuracy of the information found in the vXchnge Web Site. vXchnge makes no expressed or implied warranty as to the accuracy or merchantability of content or programming.
- vXchnge will never send banking information or instructions via email.
- vXchnge’s banking instructions can be found on the pdf version of the invoice or in in\site.
- Any changes to vXchnge’s banking information will only be communicated via Certified Mail.
The AUP cannot be superseded by any verbal agreements of vXchnge employees or customers. Any agreement modification or special changes to this AUP must be in writing and signed by an officer of the Company.