Xnet Internet Service Acceptable Use Policy

It is WorldxChange Communications intent to provide our customers with the highest quality Internet service possible. In order to accomplish this and to do our best to protect our customers and partners, we have adopted this Acceptable Use Policy (the “Policy”). This Policy outlines acceptable use of the Xnet dial up and high speed Internet services (collectively known as the “Xnet Service”) as well as permissible and prohibited activities for using the Xnet Service to access the Internet.

It is the responsibility of all WorldxChange Communications Xnet customers and all others who have access to WorldxChange Communications network (collectively known as the user or you), to comply with this Policy, and all other WorldxChange Communications policies, including but not limited to the WorldxChange Terms and Conditions. Use of the Xnet Service confirms your acceptance of this Policy and all other policies. Failure to comply with these or any other WorldxChange Communications policies may result in the suspension or termination of the Xnet Service to you.

WorldxChange Communications reserves the right to immediately terminate the Xnet Service and the user account without warning if you engage in any prohibited activities listed in this Policy.

WorldxChange Communications may revise the Policy from time to time without notice by posting a new or amended version of this document on the WxC Web site at http://www.xnet.co.nz/pdfs/terms_wxc.pdf. The new or amended Policy is effective immediately upon posting.

Prohibited Uses

Prohibited uses include, but are not limited to, using the Xnet Service to:

1. Undertake any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening, defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offence.
2. Post, store, send, transmit, or disseminate any information or material which could be deemed to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful.
3. Access any other person’s computer or computer system, software, or data without their knowledge and consent; breach the security of another user; or attempt to negate the user authentication or security of any host, network, or account.
4. Use or distribute tools designed or used for compromising security, such as password guessing programs, decoders, password gatherers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning, for any reason, is strictly prohibited.
5. Upload, download, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Xnet Service or otherwise that is protected by copyright or other proprietary right, without the approval of the legal owner.
6. Restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Xnet Service, including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to send or retrieve information.
7. Transmit unsolicited bulk or commercial messages or .
8. Impersonate any person, entity or computer address, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar activity.
9. Alter, modify, or tamper with any equipment that may be provided as part of the Xnet Service.
10. Interfere with the computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, and attempts to “crash” a host.
11. Violate the rules, regulations, or policies applicable to any network, server, computer database, or Web site that you access.

Excessive Use

As Xnet is a shared access to the greater Internet, it is the users responsibility to ensure that their actions on Xnet do not impact on the experiences of other Xnet users. Therefore WxC will take action on specific users that are deemed by WxC to be utilising XNet resources excessively with the possibility of impacting other users. This includes but is not limited to the amount of data that may be downloaded in a month or part of a month.

WxC may:

1. Warn the customer that continued excessive downloading may result in further action
2. Shape, filter, exclude or prohibit the further downloading of further data - either in its entirety or apply this on certain types of traffic
3. Continued excessive downloading may result in the cancellation or suspension of the account without warning
4. With regards to a dial-up connection, this connection must not be used as a permanently connected service

WxC will at its discretion reset your connection to ensure that the service cannot be used in this manner.

Simultaneous Connections

You must not have more than one connection to our service using your user ID at any time. If for any reason you do have simultaneous connections we reserve the right to charge you $5.00 per hour (or part hour) for each additional connection.

Static IP Addresses

Static IP addresses may be provided to customers on request at WxC's discretion. Please note; Static IP addresses MUST NOT be used for hosting services and/or the operation of public information services or email servers where there is a possibility that spamming or any other activity detrimental to the network may occur. This includes, but is not limited to; open relays, P2P services, HTTP or FTP. Any customer who wishes to host services using their Static IP should contact WxC, and WxC will provide a Static IP where, in their reasonable opinion these services can be managed effectively. If a customer is found to be using the allocated Static IP address in any way that breaches these terms and conditions and/or is deemed as potentially detrimental to the security of the network, WxC may suspend the Static IP address immediately without notice. The Static IP Service is provided for a monthly fee of $9.95 (exclusive of GST) and will be charged from the date of issue.

Interleaving

In some cases the Xnet Service provides for the turning off of interleaving. All services have interleaving on as a default setting, and turning interleaving off must be requested, subject to the following:

1. As removing interleaving may affect the quality of the service, service may be degraded - customers should be aware that the service may not meet their expectations
2. Further to the above, Xnet may turn Interleaving back on to ensure a minimum quality of service is experienced
3. As the change in interleaving is a manual process only one change, either on or off, will be permitted per month, with the exception of the change for point B above.

Security

As the registered user of Xnet you are responsible for any misuse of the Xnet Service, even if the misuse was committed by a friend, family member, or guest with access to your Service account. Therefore, you must take steps to ensure that others do not use your account to gain unauthorized access to the Xnet Service by strictly maintaining the confidentiality of your Service login and password.

Inappropriate Content and Transmissions

WorldxChange Communications reserves the right, but not the obligation, to refuse to transmit or post and to remove or block any information or materials that we deem to be offensive, indecent, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful. WorldxChange Communications does not have any obligation to monitor transmissions or postings including e-mail, newsgroups, personal web pages (home pages) features made on the Xnet Service. However, WorldxChange Communications reserve the right to monitor these transmissions and postings from time to time for violations of this Policy and to disclose, block, or remove them.

Electronic Mail

The Xnet Service may not be used to send unsolicited bulk messages. Activities that have the effect of facilitating unsolicited commercial e-mail or unsolicited bulk e-mail, whether or not the e-mail is commercial in nature, are prohibited. Forging, altering, or removing electronic mail headers is also prohibited. WorldxChange Communications is not responsible for forwarding e-mail sent to any account that has been suspended or terminated. This e-mail will be returned to the sender, and may be ignored, deleted, or stored temporarily at WorldxChange Communications sole discretion. In the event that WorldxChange Communications believes that any subscriber name, account name, or e-mail address on the Xnet Service may be used for, or is being used for, any misleading, fraudulent, or other improper or illegal purpose, WorldxChange Communications reserves the right to block access to and prevent the use of the offending email account. You must not View, collect, forward, or intercept e-mail or other private communications not intended, by the sender, for you, or attempt to do any of these things.

Spam

It is the users responsibility to ensure that they do not participate in any spaming activity. This includes allowing their computer, knowingly or unknowingly to originate, transfer or relay messages deemed to be Spam. Spam is defined as "Unsolicited commercial electronic messages as defined by Section 4 of the Unsolicited Messages Act 2007" (Reference).

On identifying a user that is spaming WxC will:

1. Immediately block the user from being able to continue to Spam.
2. Send an e-mail to the user outlining the reason for the block and explaining that they must provide proof that they have cleaned their computer before having their address unblocked.
3. Continue to block the user until they have provided to WxC proof that they cleaned their computer from any ability to participate in Spaming.
4. At WxC discretion WxC may charge a cleanup fee of NZ$200.00 per e-mail.

If WxC finds that the user continues to participate in Spaming activates WxC will permanent block the user from the network.

This clause is in compliance with the Internet Service Providers Spam Code of Practice.

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Newsgroups

Messages posted to newsgroups must comply with the written charters or FAQs for those newsgroups as well as any other terms and conditions applicable to any particular newsgroups or provider of newsgroups. You are responsible for determining the policies of a given newsgroup before posting to it. WorldxChange Communications reserves the right to discontinue access to any newsgroup at our discretion.

Personal Web Page (Homepage)

As part of the Xnet Service, WorldxChange Communications provides you with access to a personal Web page. You are solely responsible for any information that you or others publish or store on your personal web page. WorldxChange Communications reserves the right to remove, block, or refuse to post or store any information or materials deemed to be offensive, indecent, or otherwise inappropriate regardless of whether this material or its dissemination is unlawful.

General

WorldxChange Communications reserves the right to investigate suspected violations of this Policy, including the gathering of information from the user or users involved and examination of material on WorldxChange Communications servers and network.

During an investigation, WorldxChange Communications may suspend the account or accounts involved and/or remove or block material that potentially violates this Policy. You will cooperate with law enforcement authorities in the investigation of suspected illegal activities. This cooperation may include WorldxChange Communications providing available personally identifiable information about you to law enforcement agencies, including, but not limited to, username, subscriber name, and other account information.

Even though Xnet offers protection against spam and viruses, nothing is foolproof. We will not take any responsibility for damage to property or other losses, including loss of time. The failure of WorldxChange Communications to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. WxC may be required to forward information to the authorities. The customer should be aware that WxC will comply with an legal or compelling request to provide information, content or other personal details to the respective authorities.

You agree to indemnify, defend and hold harmless WorldxChange Communications all claims and resulting from you engaging in any of the prohibited activities listed in this Policy or resulting from your violation of any other posted WorldxChange Communications policy. Your indemnification will survive any termination of the relationship.

New Zealand Law

All services are provided by WorldxChange Communications under New Zealand Law.