Xtratyme Technologies Inc. (XTI) has published this Acceptable Use Policy (AUP) as part of our overall effort to provide high quality, reliable service to our XTI users, "User(s)"; protect the privacy and security of our Users, systems and networks; encourage responsible use of XTI’s and other Internet Service Provider (ISP) resources; and comply with applicable laws. This AUP describes the types of uses of the XTI IP Network which are contrary to our objectives and which are, therefore, prohibited. To achieve our objectives, XTI may in its sole discretion determine whether a use of the XTI IP Network is a violation of this AUP. While it is not XTI’s intent to monitor, control, or censor communications on the XTI IP Network, when we become aware of a violation of this AUP, we may take such action, as we deem appropriate to address the violation, as referred below.

Please read this AUP carefully before accessing or using the XTI IP Network. By accessing or using the XTI IP Network, Users agree to be bound by the terms and conditions set forth below. If User does not wish to be bound by these terms and conditions, User may not access or use the XTI IP Network. XTI may modify this AUP at any time, and such modifications shall be effective immediately upon the posting of the modified AUP. User agrees to review the AUP periodically to be aware of such modifications and User’s continued access or use of the XTI IP Network shall be deemed User’s conclusive acceptance of the modified AUP.

Uses of the XTI IP Network described below are prohibited under this Policy. These descriptions are guidelines and are not intended to be exhaustive.

The XTI IP Network may not be used in connection with criminal or civil violations of State, Federal, or International laws, regulations, or other government requirements. Such violations include theft or infringements of copyrights, trademarks, trade secrets, or other types of intellectual property; fraud; forgery; theft or misappropriation of funds, credit cards, or personal information; threats of physical harm or harassments; and any other law locally or federally, that may be in violation.

Users are responsible for maintaining the basic security of their systems to prevent their use by others in a manner that violates this Policy. Examples include, but are not limited to, improperly securing a mail server so that it may be used by others to distribute Spam, and improperly securing an FTP server so that it may be used by others to illegally distribute licensed software. Users are responsible for taking corrective actions on vulnerable or exploited systems to prevent continued abuse.

XTI makes no guarantee and assumes no liability for the security of any data on any server including "secure servers." User is reminded that no computer system should be considered safe from intrusion. E-mail may pass through many computer systems, and should not be considered a secure means of communication unless encrypted. Even then, information is only as secure as the encryption method and the continued protection given by the recipient.

The XTI IP Network may not be used to transmit materials of a threatening nature, including threats of death or physical harm, harassment, libel, and defamation.

The XTI IP Network may not be used for the distribution of offensive material, including obscene, pornographic, indecent, and hateful materials.

Spam is an unacceptable use of the XTI IP Network. Spam includes any of the following activities:

• Posting a single message, or messages similar in content, to more than five online forums or newsgroups.
• Posting messages to online forums or newsgroups that violate the rules of the forums or newsgroups.
• Collecting the responses from unsolicited email.
• Sending any unsolicited email that could be expected, in XTI’s discretion, to provoke complaints.
• Sending email with charity requests, petitions for signatures, or any chain mail related materials.
• Sending unsolicited email without identifying in the email a clear and easy means to be excluded from receiving additional email from the originator of the email.
• Sending email that does not accurately identify the sender, the senders return address, and the email address or origin.
• Using XTI facilities to violate another Internet Service Providers acceptable use policy and / or terms of service.

Sharing unlimited or metered accounts with anyone other than immediate family members or re-selling Service is prohibited. Running programs or servers that provide network services to others through the XTI IP Network such as web hosting, multi-XTI User interactive forums, game servers, operating an internal mail/http/ftp/irc/dhcp server to serve external connections or support multi-XTI User interactive forums are prohibited without written permission from XTI. XTI User may not obtain or attempt to obtain the Service by any means or device with intent to avoid payment.

The XTI IP Network mail servers are designed to give XTI User the best performance and usability. The use of pop3, imap, and our webmail services are encouraged. For all mail messages that are stored on the XTI IP Network there is a limit of 20MB per mail account and all messages over 2 months old. XTI accepts no responsibility for any mail that is sent to or from any XTI or affiliated mail accounts. XTI accepts no responsibility for any email sent either from or to a XTI Users mails account that does not reach its intended destination. XTI accepts no responsibility for any mail that is stored

Numerous Service subscribers use the XTI IP Network.  As a result, there is a risk that Users could be subject to "eavesdropping."  This means that other Service subscribers may be able to access and monitor User’s use of the Service.  This risk of eavesdropping exists not only with the XTI IP Network, but also on the Internet and other services to which access is provided as part of the Service.  Because of this risk, any sensitive or confidential information sent by User is sent at the User’s sole risk, and XTI shall have no liability whatsoever for any claims, losses, actions, damages, suits, or proceedings arising out of or otherwise relating to such actions by User.

File and Print Sharing 

The XTI IP Network functions as a Local Area Network (LAN) in that each User is a node on the network.  As such, Users outside the User’s home may be able to access the User’s computer.  As well, some software includes capabilities that permit other Users across a network such as the Service and the Internet to gain access to the User’s computer and to the software, files, and data stored on the computer.  Operating systems can include file sharing and print sharing capabilities which, when enabled, will permit other Users to gain access to the User’s computer even if the User is not using the Service.  XTI therefore recommends that the User connect only a single computer to the Service and that the User disable file and print sharing and other capabilities that allow unauthorized users to gain access to the User’s computer.   Any User who chooses to participate in the XTI IP Network using other than a single computer or who chooses to enable capabilities such a file sharing, print sharing, or other capabilities that allow unauthorized users to gain access to the User’s computer, hereby acknowledges and agrees that the User does so at the User’s own risk, and that XTI shall not have any liability whatsoever for any claims, losses, actions, damages, suits, or proceedings arising out of or otherwise relating to such use by the User.

IP addresses are not portable and are not assigned for independent administration or distribution. XTI User understands that IP assignments are not guaranteed, and may be modified as required by XTI and/or the American Registry for Internet Numbers (ARIN). XTI User cannot alter, modify or tamper with the IP connection of those or any XTI User on the system

The XTI IP Network Speed Test was written as a troubleshooting tool to be used on the XTI IP Network. This speed test will show the overall speed of the XTI User’s connection at a given point in time. Abuse of the speed test tool will negatively affect network speed for others. At XTI’s discretion the number and frequency of speed tests may be limited.

XTI recommends that User not relocate the XTI Equipment as this may affect User’s ability to receive Service.  However, upon receipt of a request by User, XTI may relocate the XTI Equipment for User’s new location at a time agreed to with User.  User acknowledges that User may incur additional charges for such relocation.  If User decides to move locations, User will contact XTI, or its authorized representative for additional information concerning the procedures for transferring the XTI Equipment and Service to User’s new location.  In all cases, User shall notify XTI or XTI’s authorized representative as provided herein.

The installation, use, inspection, maintenance, repair, and removal of the XTI Equipment may result in service outage or potential damage to User’s computer and other User Equipment.  If User does not back up all existing computer files by copying them to another storage medium prior to such activities, User understands and accepts the associated risks of such a decision.  IN ANY EVENT, EXCEPT AS OTHERWISE SET FORTH HEREIN, XTI SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF THE USER’S COMPUTER, PERIPHERALS, SOFTWARE, OR DATA.

Except for gross negligence or willful misconduct by XTI, XTI shall have no liability whatsoever for any damage, loss, or destruction to User Equipment.  In the event of such gross negligence or willful misconduct by XTI, XTI shall pay for the repair or replacement of the damaged parts up to a maximum of $500 and such shall be User’s sole remedy relating to such activity.  XTI SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY SOFTWARE, FILES, OR DATA.  In addition, the opening of User’s computer may void warranties provided by the computer manufacturer or other parties relating to the computer's hardware or software.  User consents to the opening of the computer for the installation of the radio modem or network interface card.  XTI SHALL NOT HAVE ANY LIABILITY WHATSOEVER AS A RESULT OF THE VOIDING OF ANY SUCH WARRANTIES.

If the installation of a radio modem or network interface card is required, it will be necessary to open User’s computer.  In addition, as part of the installation process for the software, system files on User’s computer may be modified.  XTI does not represent, warrant, or covenant that such modifications will not disrupt the normal operations of User’s computer.  For these and other reasons, XTI recommends, and User agrees, that User will back up all files in accordance with above section under the heading "Back-up Requirements" prior to installation of the Service.  If User does not back up all existing computer files, User understands and accepts the associated risks of such a decision.  XTI SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE RESULTING FROM THE ABOVE OR OTHER FILE MODIFICATIONS.

XTI may run third-party virus check software on User’s computer prior to installing software on User’s computer.  XTI does not represent, warrant, or covenant that the virus check software will detect or correct any or all viruses.  In addition, software or other content downloaded from the XTI IP Network could contain a virus or other harmful feature and it is User’s sole responsibility to take appropriate precautions to protect User’s computer from damage to its software, files, or data as a result of any such virus or other harmful feature.  If a virus or other harmful feature is detected, and User does not authorize XTI to attempt to remove the same, the installation of the Service will be discontinued.  XTI SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY SOFTWARE, FILES, OR DATA RESULTING FROM ANY VIRUS OR OTHER HARMFUL FEATURE.

System monitoring: XTI has no obligation to monitor the XTI IP Network. User agrees that XTI has the right to monitor the XTI IP Network electronically from time to time, and User consents to XTI’s access, use and disclosure of any information as necessary to satisfy any law, regulation or other governmental request, to operate the XTI IP Network properly or to protect itself or its Users. It may be necessary for XTI employees to examine system logs and other records to resolve system problems. XTI reserves the right to access a User’s mailbox to resolve system problems or mail system errors.

A violation of this AUP by someone having only indirect access to the XTI IP Network through a User or general user will be considered a violation by the User or other general user, whether or not with the knowledge or consent of the User or general user. As an example, downstream providers are responsible for the actions of Users to whom they provide services operating on the XTI IP Network. XTI will address and attempt to resolve complaints about the actions of Users of downstream providers with the downstream provider.

In addition, this policy applies to any email or content transmitted by User or on User’s behalf which uses an XTI account as a mailbox for responses or promotes content hosted or transmitted using XTI facilities, or which indicates in any way that XTI was involved in the transmission of such email or content.

The resale of XTI products or services is not permitted, unless expressly permitted in a written agreement with XTI.

THE SERVICES PROVIDED BY THE XTI IP NETWORK ARE PROVIDED "AS IS." XTI MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR ANY WARRANTY REGARDING THE RELIABILITY OR SUITABILITY FOR A PARTICUALR PURPOSE OF ITS SERVICES. USER UNDERSTANDS AND ACKNOWLEDGES THAT XTI EXERCISES NO CONTROL OVER THE NATURE, CONTENT OR RELIABILITY OR THE INFORMATION PASSING THROUGH ITS NETWORK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY XTI, ITS DEALERS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY AND USER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. XTI MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, REGARDING THE QUALITY, ACCURACY OR VALIDITY OF THE INFORMATION AND/OR DATA RESIDING ON OR PASSING THROUGH ANY NETWORK. USE OF ANY INFORMATION OBTAINED FROM OR THROUGH SERVICES PROVIDED BY XTI WILL BE AT USER’S OWN RISK. USER ACKNOWLEDGES THAT XTI IS NOT LIABLE FOR ANY ERRORS OR INTERRUPTION IN THE SERVICES, WHETHER WITHIN OR OUTSIDE THE CONTROL OF XTI. UNDER NO CIRCUMSTANCES SHALL THE USER HOLD XTI RESPONSIBLE FOR ANY FORM OF DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR LOSSES SUFFERED FROM, BUT NOT LIMITED TO ERRORS, DELAYS, LOSS OF INFORMATION, OR INTERRUPTIONS IN SERVICES CAUSED BY THE NEGLIGENCE, FAULT, MISCONDUCT OR FAILURE TO PERFORM ON THE PART OF THE USER, XTI, OR A THIRD PARTY. USER UNDERSTANDS THAT TELECOMMUNICATION AND/OR NETWORK ACCESS SERVICES MAY BE TEMPORARILY UNAVAILABLE FOR SCHEDULED OR UNSCHEDULED MAINTENANCE and FOR OTHER REASONS WITHIN AND OUTSIDE OF THE DIRECT CONTROL OF XTI. UNDER NO CIRCUMSTANCES DO ANY SUCH ERRORS, DELAYS, INTERRUPTIONS IN SERVICES OR LOSS OF INFORMATION NULLIFY OR MODIFY THESE TERMS AND CONDITIONS. XTI RESERVES THE RIGHT TO REFUSE OR TERMINATE SERVICES TO A USER for any violation of a term or condition listed herein or a subsequent modification to these terms and conditions as determined by XTI.

All of the Terms and Conditions shall be binding upon, inure to the benefit of, and be enforceable by the respective successors and permitted assigns of User. Except as specifically stated herein, neither these Terms and Conditions nor any of the rights, interests or obligations of User or XTI may be assigned. Any unauthorized assignment or delegation shall be null and void. Notwithstanding the foregoing, XTI may assign or otherwise transfer its rights and obligations to any affiliate (whether by purchase of stock or assets, merger, operation of law, or otherwise) of that portion of its business related to the subject matter hereof.

User agrees to provide XTI with accurate, complete registration information, to promptly notify XTI of any changes in such information, and to verify such information as XTI may request. If User does not provide XTI with accurate registration information, the User will not be authorized to use the XTI IP Network and User’s account may be terminated immediately

In the event that it is determined by a court of competent jurisdiction as a part of a final non-appealable judgment that any provision of these Terms and Conditions (or part thereof) is invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of the Terms and Conditions will remain in full force and effect.

User shall defend and indemnify XTI and hold it harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses, including reasonable attorneys' fees, relating to any acts by User, or materials or information transmitted by User, in connection with the XTI IP Network, leading wholly or partially to claims against XTI or the XTI IP Network by other subscribers or third parties, regardless of the type of claim or the nature of the cause of action.

Violations of this AUP may result in a demand for immediate removal of offending material, immediate temporary or permanent filtering, blocked access, rate limiting, suspension or termination of service, or other action appropriate to the violation, as determined by XTI in its sole discretion. When feasible, it is XTI’s preference to give notice so that violations may be addressed voluntarily; however, XTI reserves the right to act without notice when necessary, as determined by XTI in its sole discretion. XTI may involve, and will cooperate with, law enforcement if criminal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law. Refunds or credits are not issued in connection with actions taken for violations of this AUP.

• The IP address used to commit the alleged violation.
• The date and time of the alleged violation.
• Evidence of the alleged violation

XTI reserves the right to take any one or more of the following actions in response to complaints:

• Issue written or verbal warnings.
• Suspend or terminate User’s account or access to the Service without notice.
• Suspend or terminate User’s newsgroup posting privileges without notice.
• Bill the User for administrative costs and or reactivation charges
• Bring legal action.

This document provides a general understanding of XTI’s AUP on the appropriate use of the XTI IP Network. Common sense and judgment are a necessary part of any system of rules, and this Policy is no exception.