XMission

Acceptable Use Policy

XMission reserves the right to take whatever actions we deem appropriate to enforce these policies. We also reserve the right to change these policies without prior notice at any time. The actions we take may include account suspension or termination. We do not issue any credits for accounts cancelled due to policy violations. We reserve the right to refuse service to anyone at any time for any reason.

XMission reserves the right to take whatever measures it deems necessary to secure its networks and clients against abuse. This includes, but is not limited to: scanning for open mail relays, virus filtering, etc. Policy will apply to any activity which affects or mentions an XMission account, user, network, or server.

XMission reserves the right to take legal action against anyone who abuses our network, servers, or services. Fees may also be levied at $50 per incident and $100 per hour to help cover systems administration costs related to an incident.

All subscribers are expected to read and abide by XMission's Service Agreement since, "Use of XMission LLC services by you as a company and/or an individual constitutes acceptance of these Terms and Conditions in full."

Appropriate Use of Accounts
Aside from specific features and services outlined elsewhere, XMission accounts can use their web space to sell and advertise their products or services. However, XMission has a strict spam policy which prohibits unsolicited bulk communications (i.e., email/fax/paging/news).
Donated accounts
A Donated Account provides access to most XMission services for distribution of information concerning the civic group or organization. Donated Accounts are available solely to non-profit organisations that have received form 501(c)3 from the IRS confirming their status as a non-profit.
Billing
XMission bills for all services in advance. Non-Dedicated accounts are suspended 7 days after their due date if payment is not made. Invoices are sent via either postal mail or email, depending on customer preference; this can be changed at any time. XMission notifies clients an account is due on three separate occasions:
  1. with the original invoice (typically 7 days before account comes due)
  2. the day the account is due
  3. the day before the account will be suspended
XMission accepts all forms of payment: cash, checks, and credit cards (Mastercard, Visa, American Express,Discover). Any Dedicated account that is 30 days past due will be levied a servic echarge of 1-1/2% per month. If an account is referred to collections, the customer agrees to pay any collection costs incurred, including attorney's fees, filing fees and court costs. If Dedicated account clients have anyquestions about billing, they can review their contract and SLA or contact our Corporate Client manager. XMission clients are bound by the Uniform Consumer Credit Code of the State of Utah. Payments by any dedicated or colocation client indicate full acceptance and understanding of your obligation, at invoiced service levels, under the terms and conditions of the Master Service Agreement.
Bounced check or credit card payments
There will be a $10 fee assessed on all returned check or credit card invoices.
Upgrading a Dedicated or Colocate Service Account
Clients may upgrade their minimum increment level at any time. Generally a call to XMission during standard business hours allows the client to upgrade accounts within half an hour or by the next business day. This can also be accomplished by email sent to dedicated@xmission.com. Most incremental upgrades have no additional setup fees once the inital setup fee has been paid. Client will be billed for the new service fee based on the contract schedule.
Downgrading a Dedicated or Colocate Service Accounts
Downgrades can be requested although they require approval from XMission otherwise existing contract terms apply. Any approved downgrade requires a new contract. Conditions of current client agreement are outlined in the "Term and Termination" paragraph of the Master Service Agreement. Requests to downgrade must be submitted via fax or postal mail only. Please contact dedicated@xmission.com for assistance. Account downgrades cannot be used to lessen early termination penalty fees. Termination fees are based on the highest bandwidth and RMU service levels paid for on the account in the last 90 days.
Limits for Individual subscribers (Dial-up and DSL)
XMission Individual subscribers are allowed only one dial-up or DSL connection per account.
If you need multiple dial-up or DSL connections, we strongly recommend purchasing additional accounts. We can arrange billing so that the primary account is billed for all additional accounts.
Non-dedicated Residential Dial-up accounts are meant to be available for "unlimited access," meaning "access on demand rather than a dedicated connection." Any subscriber who needs more than this may need to purchase additional services. With dial-up, this means you cannot keep your connection up indefinitely.
Abuse and violation of the rules will result in one warning, then termination without refund if the problem persists.
Server Services on DSL and Residential UTOPIA
XMission allows DSL and UTOPIA subscribers to run and maintain their own servers. Dial-up clients should not use their connection for constantly connected server services. Clients can run server services on their DSL and Residential UTOPIA lines but we cannot guarantee performance since DSL and Residential UTOPIA is sold and marketed as a best-effort end user product and is non-SLA product unlike our dedicated and colocation services. If the client needs server services on a regular basis we highly recommend use of a dedicated or colocation account which come with a 100% Service Level Agreement.
Limits for Dedicated and Colocate Clients
The Dial-up access included with Dedicated and Colocate accounts is only provided for temporary backup connectivity and emergency needs. Hence, Dedicated and Colocate clients are asked not to use their dial-up connection for active or constantly connected services.
If your primary connection is temporarily down, such services are permitted during the outage. XMission also allows for occasional use of such services for testing purposes. However, if the client needs such services on a regular basis we recommend use of a dedicated line account or the purchase of one or more traditional dial-up accounts to handle such needs. DSL is not included with a colocate account.
Refund / Account termination
Any customer terminated account is subject to refund for the balance due minus a $10 processing fee. This fee will be credited one time to clients who later return to XMission. Accounts cancelled by XMission for policy violation are NOT subject to refund and penalty fees may apply.
Purged Accounts
After 45 days of non-payment XMission accounts are purged from the system. That means that any and all information in the client directory is purged, including email, Web, FTP, and any extraneous files located on XMission. XMission does not keep archives of purged accounts.
Mail and WWW forwarding options
Subscribers moving to a new Internet Service Provider are recommended to continue their accounts on XMission for an additional month beyond transfer of information to the new ISP for forwarding purposes. If you need your site to forward longer simply pay for the amount of time you need your mail and WWW pages forwarded. Subscribers who are transferring their account from XMission to another provider outside of Utah can have their service forwarded for 3 months at no cost, but only by special arrangement by contacting accounting@xmission.com. This service is granted on a case by case basis.
Colocate Rack Space Modifications and Billing Adjustments
Clients adding or removing their equipment from XMission colocation rack space must provide written notice to colocates@xmission.com regarding the change. Clients who do not provide written notice and a rack space audit shows that additional rack space (RMU) has been used will have their account billed back to the beginning of the contract term. Additionally, if you remove equipment and lessen the footprint of your colocate, XMission will not automatically adjust your account fees until such time as you provide written notice of the modification. We will verify the changes and adjust your bill accordingly. Adding or removing hardware affects the footprint portion of your service and your monthly bill. XMission charges a minimum $35 RMU fee for any colocation account. Please be sure to notify colocates@xmission.com of any changes to avoid surprises on future invoices.
Colocation Peripherals
Attached peripherals are allowed only if the following guidelines are followed. Please note, it is at XMission's discretion to allow attached devices. In many instances, attached devices may require their own RMU purchase.
  • Each powered device is billed standard power costs of $15 p/mo per power source.
  • Any attached device may not extent beyond the 19" width or standard rack depth. (28" maximum depth)
  • Peripherals may not hang vertically or occupy space outside the purchased RMU.
  • Peripherals may not hinder access by other clients to their colocated gear or create safety concerns.
  • Peripherals may only be attached using non-conductive materials such as plastic zip ties. No metal.
  • Peripherals are not to be tied or hung to the back of server(s) or to XMission property.
Colocate Facility Access Restrictions For Late Payment
Colocation clients with payment past due by 30 days or more will have their access rights disabled. The only way to access your machine will be during standard business hours with an XMission employee escorting you to your machine(s). While the account is in default clients are forbidden from removing equipment from the Colocation facility. Automated access will not be re-activated until the billing is resolved.
IP Address Assignment
Unless otherwise stated, IP addresses assigned by XMission are not portable to other Internet Service Providers, or networks outside of XMission. Addresses are assigned for the term of the customer's subscription to XMission. Once that subscription ends, the addresses may be reassigned to other XMission clients Independently assigned networks through ARIN can be routed by XMission upon connection to the XMission network and transferred with ease to other ISPs and networks outside of XMission.
Password
Clients are responsible for periodically changing their XMission passwords. If a customer wishes, they can keep their password indefinitely but clients are solely responsible for security of their account--not XMission.
Parental control and censorship
XMission provides a content proxy filter designed for pre-teens that can help children avoid accidentally happening upon Web sites that might be considered inappropriate. This service can only be enabled after reading our disclaimer. XMission encourages parents to take an active role in their child's Internet experience. Many resources are available to help parents do just this.
Customer Web Site Content
XMission does not control or monitor the content of subscribers to our service. Anyone who has a problem with a web site on our service must FIRST contact the site owner. If no response is received, we can try to contact the owner to inform them that we have been contacted, but that is the extent of our helpfulness on the matter.
Illegal and/or damaging activity
Any Internet activity which references back to XMission or its services in a damaging manner will result in suspension or termination of your account(s). Illegal Internet activity using or referencing to XMission or an XMission account will result in immediate termination, possible prosecution, and liability for any legal fees accrued.
Software and software usage
XMission reserves the right to remove any illegal or potentially damaging software stored on its network/system.
XMission reserves the right to control what software may be run on our network and/or servers. Such software includes, but is not limited to, software intended to harass or annoy, IRC bots, Usenet "Spam" scanners, or bulk mailing software.
XMission allows clients to run, maintain, and create CGI scripts (and other non-dedicated processes) on XMission machines. Should a client's process run out of control and consume resources in such a way as to cause degradation of the XMission network, the process will be halted by an employee of XMission This halting will be followed by an email asking you to overhaul the problem code to work properly before you attempt to run it again. Any testing of new code should be implemented during standard daytime business hours to allow for proper monitoring. Repeated failure to run proper code can result in the loss of your CGI and processor privileges. XMission consultation fees may also be required to resolve issues with your code in extreme cases. Please remember that XMission's machines are shared resources and our systems administrators must ensure that they function properly for our entire subscriber base.
Software usage may be disallowed for any subscriber installed program forwhich source code is not available on request for review by XMission's technical staff.
Copyright Infringement
XMission does not condone copyright infringement. We do not, however, needlessly invade our clients' privacy without notice and reasonable suspicion of wrongdoing. XMission's Designated Agent for notice of any claimed infringement, as provided for under the U.S. DMCA, is:
Grant Sperry, Technical Services Manager
XMission, L.C.
51 East 400 South, Suite 200
Salt Lake City, UT 84111
Phone: 801.539.0852
Fax: 801.539.0855
Abuse ResponseEmail:
In order for XMission to review your claim, you must:
  1. Identify the copyrighted work allegedly infringed
  2. Identify the material which you claim is infringing
  3. Provide your name, address, telephone number and email address
In addition, the notification must be signed by an authorized person, and state a good faith belief that the material is infringing, as well as that the information contained in the notice is accurate. In turn, XMission will investigate any legitimate complaints, and will take remedial measures where required by law.
Malicious Activities By XMission Subscribers
XMission clients shall not intentionally: disrupt network activity; attack machines within XMission's network or anywhere on the Internet; capture the private data of others; or engage in any other activity deemed malicious or harmful to others. XMission Systems Administrators reserve the right to determine if any activity meets these criteria.
Clients found to be in violation of this policy may have their accounts terminated or suspended immediately and without notice. Violators may alsobe reported to appropriate law enforcement officials.
XMission Spam Policy (i.e., Unsolicited Email/Fax/Pages/News)
To both aid in the fight against spam, and to keep our mailservers off Internet blacklists, XMission has a zero tolerance policy in regards to clients sending unsolicited (email/fax/pages/news) messages. Specifically, if we receive complaints about bulk email you send, your account will be cancelled if you cannot prove the recipient requested bulk email from you.
Use of XMission services, or addresses, to send unsolicited communications will result in the IMMEDIATE termination of your account, and possibly legal action and the collection of fees at $50 per incident and $100 per hour. Communications of this nature sent from other networks but referencing services hosted on XMission's networks will also result in account termination. While bulk email is the primary concern, XMission's Spam policy applies to all other forms of bulk communications.
  1. Since XMission cannot monitor every message that our customers send, we determine that email is unsolicited if we receive "spam complaints" about customer email. In other words, if recipients consider email you send as unsolicited then we generally will consider it spam too. Therefore, all efforts should be made on your part to only email those who have requested your communications. As well, you cannot include email addresses that were acquired from "partners."
  2. To best avoid spam complaints, and to get a complaint waived, we strongly recommend that anyone who sends bulk email use the "double opt-in" method to confirm recipients indeed want to receive bulk email from you. If someone doesn't want email from you, and never confirmed they wanted your email, there is a good chance they will report you as a spammer.
  3. By "double opt-in" we mean:
    An individual must ask to be added to your list and then reply to a confirmation email you send immediately to their email address. The initial request can simply come from them checking a box when they purchase something from you or signing up to be a member with your organization. Only people who respond to the confirmation email saying they want to be on your list should receive bulk email from you. This confirmation must use an authentication scheme that prevents recipients from being signed up for lists by anyone other than themselves. Note that most corporations use the double opt-in method.
  4. If we receive complaints about email, the sender of bulk email must be able to prove that the recipient contacted the sender to request that such messages be received in advance of the bulk mailing. The best way to do this is by using the double opt-in method.
  5. To prove that customers did request to receive emails, XMission requires clients who send bulk email to maintain a database that contains the following information about the recipient list:
    • Date and time of the recipient's request to be added to your list
    • IP address that the customer made the request from, (if applicable).
    Upon request, the sender of bulk email must be able to provide both XMission and the recipient with the above information within one business day.
  6. 5) Unsubscribe information should be clearly readable in every message that is sent out. The sender of the list must act upon all unsubscribe requests within one business day. All unsubscribe requests must also be processed before additional mailings are sent out.
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 DirectTV Authorized Dealer XMission Referral Program
XMission Internet
51 East 400 South Suite 200
Salt Lake City, Utah 84111
Phone: 801.539.0852
Toll-Free: +1.877.964.7746