Terms Of Service And Acceptable Use Policy

[OpaQue 15]

Terms of Service (TOS) and Acceptable Use Policy (AUP)

 

Use of Xisto.com's service constitutes acceptance and agreement to Xisto.com's Terms of Service (TOS) and Acceptable Use Policy (AUP).

 

The term "Service" includes both Free Web Hosting service and Forum membership.

 

The TOS and AUP may be changed from time to time at the discretion of Xisto.com.

 

TERMS OF SERVICE RELATED TO FORUMS ( applicable to Web Hosting Account holders and General members )

 

All forums are post moderated; however, this dialogue is a cooperative endeavor. To maintain an environment conducive to quality, please agree to the following few basic guidelines and requests before using this system:

 

By using our Forum system, you agree to abide by the following simple common sense rules:

Nicknames that we feel are inflammatory, vulgar, promotional, or rude will be removed.

All groups are moderated for foul language and commercialized promotional posts.

Always be respectful of other users, the system, and the moderators. We put the system online in good faith, please use it in good faith.

Be descriptive, specific, and succinct in your postings. This way your opinion and point is clearly understood and referenced. Remember, people from all over the world read here with English as a second language.

Because your posting may be more pertinent to another on going discussion, or it might spawn its own thread, it may be moved as Xisto sees fit.

Links to adult content, pages with links to adult content, near adult content (including model and swimsuit sites), or messages describing anything against the law will be removed as soon as possible. Any discussion of those are off topic.

Email excerpts of ANY type or length are not allowed on Xisto. There are no exceptions to this rule.

No press releases, newsletters, web pages, or copyrighted content may be inserted into Xisto posts. Minor fair use excerpts of less than one paragraph (4 sentences) may be used if the content is publically available on the internet but must be placed within QUOTE bbcode tags. All other forms of inserted content from press releases, newsletters, web pages, or any other copyrighted content placed into messages will be removed without exception. A link to the content is acceptable and appropriate.

Periodically the Moderators of Xisto will post his or her comments, but they may not necessarily reflect the opinions of PHD Software Systems, or its employees.

This forum system is not a venue for personal or private vendetta's. Keep your personal business as just that - personal. This forum is not a venue for the resolution of personal disputes with members or companies.

Please don't drop promotional urls, signature files, nor specifics that would lead people to your site. Signing your name is fine, however commercialized posts or resume signatures will be edited. We tend to err on the side of caution to protect the integrity of the system. Affiliate based URLs are not allowed anywhere on the system.

Please keep your language clean and decent. This include personal inflammatory language as well as obscenities.

Any on site private discussions (StickyMail) with moderators or administrators related to board policy or actions may be shared with administrators if we feel it is necessary.

Please stay within the topic area of the forum you are posting a message in, and within any topic that another poster may have started.

You agree not to hold Xisto or its members liable for anything stated within the forums.

Signing up a user name that is a obvious domain name or product name will be removed. This is out of unfair promotion considerations as well as trademark implications.

Since this is interactive, and everyone who participates in Xisto.com is "in it together", please treat others the way you wish to be treated. One way to guard against misunderstandings is to read over your response before you post it. Flaming: flaming or personal attacks are not allowed or tolerated. Should anyone use inappropriate language, start a personal attack, or engage in hate speech, they will be barred from all further discussions.

The forums are not a venue for advertisements in any way. It will be the sole discretion of Xisto and its moderators as to what constitutes an advertisement.

We do not allow review my site posts except in Forums which are specially ment for reviews. Posting promotional or review posts in any other forum is not allowed. It is impossible to deduce which posts are honest requests and which are promotional.

You must not post any referral links to any services on the internet which may lead to any personal advantage or profits. Posting such messages may get you banned.

You are responsible for your own posts and agree not to hold Xisto Corporation (Xisto.com) liable for any messages posted.

You will not copy and retransmit any information out of these forums without first getting the permission of the original author of the message and a Xisto.com administrator.

Discussions about moderator or administrator actions are welcome in email or local private messages, but should not be discussed in public forums. This is out of respect for the members and moderators or policy involved.

Self promotional URL drops and whisper campaigns are strictly forbidden within the forums and will be edited out.

Claims of action, flames, and calls to action against any company or person will be removed.

Messages posted at this site are the sole opinion and responsibility of the poster.

Personal exposure. Anyone posting another members personal details or web site details without permission will be banned.

When a message is placed in any forum system, you are granting a soft license to the site to use it.

ADDITIONAL AGREEMENTS

 

Xisto Site Privacy Policy.

 

For our part we will do our best to protect your privacy and respect your posts. We will not edit or otherwise misrepresent what you write without cause.

We reserve the right to edit any and all content that has been placed on Xisto.

 

We reserve the right to modify these Terms of Service related to Forums from time to time without notice and are retro active.

 

By using the Xisto.com forum, you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.

 

-- End of Tos related to Forum use and activity --

 

 

TERMS OF SERVICE RELATED TO WEB HOSTING (General)

 

Xisto takes No responsiblity over the content or data in any format stored by its members ( on their respective free web hosting account ). Xisto sub-domains created to serve as Free Web Hosting accounts have NO affiliation, contracts & any agreements or relations with the data stored in such accounts. The member who gets approved for an account is solely reponsible for his/her content stored on our server in his hosting account. Manual verfication of site content for all the sites on our server is/may be impossible and hence Xisto cannot be help responsible for any site(s) which may be supporting any unacceptable activity as stated in the Unacceptable Usage Agreement.

 

However, Xisto agrees that it will take all actions within its power to bring down sites stored on its server that breach the Unacceptable Usage Agreement. Any activity reported, regarding any site hosted on our server breaching the Unacceptable Use agreement will be strictly handled and all the necessary actions will be taken against those account(s). In such conditions, Xisto may give out personal information regarding the user (owner of account) like Ip address, web site logs etc. to any Authorised official for further investigation.

 

TERMS OF SERVICE RELATED TO WEB HOSTING( applicable to Web Hosting Account holders)

 

All websites must be in English to qualify for free hosting. We do this to ensure that Accounts are legal and have permissable contents.

 

We may remove any material that, in our sole discretion, may be illegal or may subject us to liability.

 

Xisto.com's services may not be used for illegal purposes, or in support of illegal activities. Xisto.com reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

 

In addition, Xisto.com shall have the right to terminate all services set forth in this agreement.

 

UNACCEPTABLE USE

 

Spam and Unsolicited Commercial Emails (UCE) are not allowed. Accounts will be cancelled and deleted immediately if found to be spamming or sending out UCE.

 

Web sites deemed offensive or racially degrading, by Xisto.com, will be removed from our servers without notice. Web sites promoting, making available or otherwise contributing to software piracy, hacking, spamming, storage of large files or using account for file storage, storing MP3's of other large files in any electronic format, denial of service attacks and/or damage to commercial networks or servers will be removed from our servers without notice and illegal acts will be reported and prosecuted. Abusive behavior of any type will not be tolerated.

 

Xisto will periodically moniter the sites on its server, any attempt to spoof the visitors or creating secret pages leading to illegal activities are strictly prohibited.

 

Xisto.com has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list.

 

Internet Relay Chat (IRC) traffic is not permitted on our servers in any of its many forms including, but not limited to: bots and IRC servers.

 

All server activity is logged. Any snooping, hacking, or other inappropriate activity of any type outside of your account, on our servers, will be grounds for termination.

 

Xisto.com reserves the right to refuse or discontinue service to anyone at Xisto.com's sole discretion. Xisto.com may deny you access to all or part of the service without notice if you engage in any conduct or activities that Xisto.com in its sole discretion believes violates any of the terms and conditions in this agreement. Xisto.com shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification.

 

Xisto.com reserves the right to cancel/suspend any account(s) without prior notice.

 

Xisto.com requests that anyone who believes that there is a violation of our policy to direct the information to help@Xisto.com

 

EXCESSIVE USE

 

Xisto.com accounts operate on shared resources. Excessive use or abuse of these shared resources by one customer may have a negative impact on all other customers. Misuse of resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

 

You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which may negatively impact other customers or the performance of Xisto.com systems or networks. Xisto.com reserves the right to terminate or limit such activities.

 

Accounts using up enough server resources, to slow or crash a server, will be shut down without notice.

 

No Copyright material without written permission from the copyright holder is allowed.

 

You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of your proposed domain name.

 

We will make every reasonable attempt to avoid unexpected server downtime and to ensure that all accounts are well taken care of. We cannot guarantee or predict server downtime. Any network problem, or outage, is not covered under any guarantee or warranty and will not be grounds for reimbursement for any subsequent financial damages or losses. All account data backups are the account holder's responsibility.

 

All requests for cancellation of accounts must be made via email to help@Xisto.com

 

Xisto.com makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Xisto.com or its agents or employees shall create a warranty. Xisto.com provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Xisto.com be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with Xisto.com service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.

 

Your use of our service is at your sole risk. Xisto.com is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Xisto.com servers.

 

Xisto.com reserves the right to monitor any and all communications through our servers.

 

Xisto.com reserves the right to amend its policies at any time. All accounts are required to comply with any changes made to these policies. Notification of any major changes to the policies will be emailed to all account holders.

 

If you are unsure if what you are doing is against our TOS and AUP, contact us.

 

This agreement supersedes any written, electronic, or oral communication you may have had with Xisto.com or any agent or representative thereof, and constitutes the complete and total agreement between the parties. Should any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.

 

By placing and continuing to maintain or place information on Xisto.com servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.

Edited July 3, 2010 by OpaQue
changed name from Trap17 to KnowledgeSutra (see edit history)