This is NOT to register for the Download Manager. (Downloading
FIles) That is here.
ACCEPTABLE USE POLICY:
X-Plane.Org Acceptable Use Policy ("AUP") is
provided to give our customers and users a clear understanding of what X-Plane.Org
expects of them while using the server. All users of X-Plane.Org's server:
those who access some of our server but do not have accounts, as well as
those who pay a service fee for hosted accounts, must comply with this AUP
and our TOS (Terms of Service).
Use of X-Plane.Org Server constitutes acceptance and agreement to X-Plane.Org's
AUP as well as X-Plane.Org's TOS (Terms of Service)
IMPORTANT NOTICE: *All Payments To
X-Plane.Org Are Non-Refundable*
We support the uncensored flow of information and ideas over the Internet
but we do actively monitor subscriber activity. We do not exercise
editorial control over the content of any web site, e-mail transmission,
newsgroups, or other material created or accessible over or through the
services, except for certain proprietary Web sites. However, in accordance
with our TOS (Terms of Service), we may remove any materials that, in our
sole discretion, may be illegal, may subject us to liability, or which may
violate this AUP. X-Plane.Org may cooperate with legal authorities and/or
third parties in the investigation of any suspected or alleged crime or
civil wrongdoing. Your violation of this AUP may result in the suspension
or immediate termination of either your X-Plane.Org account or other
actions as detailed in Section 3 WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understand of X-Plane.Org's
Acceptable Use Policy. The following are guidelines for the establishment
and enforcement of X-Plane.Orgs AUP:
- Ensure reliable service to our customers
- Ensure security and privacy of our server, as well as the networks
and systems of others
- Comply with existing laws
- Maintain our reputation as a responsible service provider
- Encourage responsible use of the Internet and discourage activities
which reduce the usability and value of Internet services
- Preserve the value of Internet resources as a conduit for free
expression and exchange of information
- Preserve the privacy and security of individual users
X-Plane.Org intends to provide its customers access to
everything the Internet has to offer. While the X-Plane.Org's firmly
committed to the principles of free speech, certain activities that may be
damaging to the resources of both the X-Plane.Org and the Internet and
cannot be permitted under the guise of free speech. The resources of the
X-Plane.Org and the Internet are limited, and abuse of these resources by
one user has a negative impact on the entire community.
We do not routinely monitor the activity of accounts except for
measurements of system utilization and the preparation of billing records.
However, in our efforts to promote good citizenship within the Internet
community, we will respond appropriately if we become aware of
inappropriate use of our service.
You may not use your account to publish material, which X-Plane.Org
determines, at its sole discretion, to be unlawful, indecent or
objectionable. For purposes of this policy, "material" refers to all forms
of communications including narrative descriptions, graphics (including
photographs, illustrations, images, drawings, logos), executable programs,
video recordings, and audio recordings.
If a X-Plane.Org account is used to violate the Acceptable Use Policy or
our TOS, we reserve the right to terminate your service without notice.
We prefer to advise customers of inappropriate behavior and any necessary
corrective action, however, flagrant violations of the Acceptable Use
Policy will result in immediate termination of service. Our failure to
enforce this policy, for whatever reason, shall not be construed as a
waiver of our right to do so at any time.
As a member of X-Plane.Org, you must use your Internet access responsibly.
If you have any questions regarding this policy, please contact us at
VIOLATIONS OF X-Plane.Org ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
- Illegal use: X-Plane.Org's server may not be used for illegal
purposes, or in support of illegal activities. X-Plane.Org reserves the
right to cooperate with legal authorities and/or injured third parties
in the investigation of any suspected crime or civil wrongdoing.
- Harm to minors: Use of the X-Plane.Org server to harm, or
attempt to harm, minors in any way, including, but not limited to child
- Threats: Use of the X-Plane.Org server to transmit any
material (by e-mail, uploading, posting or otherwise) that threatens or
encourages bodily harm or destruction of property.
- Harassment: Use of the X-Plane.Org server to transmit any
material (by e-mail, uploading, posting or otherwise) that harasses
- Fraudulent activity: Use of X-Plane.Org server to make
fraudulent offers to sell or buy products, items, or services, or to
advance any type of financial scam such as "pyramid schemes," "ponzi
schemes," and "chain letters."
- Forgery or impersonation: Adding, removing or modifying
identifying network header information in an effort to deceive or
mislead is prohibited. Attempting to impersonate any person by using
forged headers or other identifying information is prohibited. The use
of anonymous re-mailers or nicknames does not constitute impersonation.
- Unsolicited commercial e-mail / Unsolicited bulk e-mail
(SPAM) Use of the X-Plane.Org server to transmit any unsolicited
commercial or unsolicited bulk e-mail is expressly prohibited.
Violations of this type will result in the immediate termination of the
offending X-Plane.Org account.
- Non X-Plane Related website X-Plane.Org is here to support the X-Plane
community and all website hosting is here to support this community. Should
you be considering a non X-Plane related website there are many resources on the
Internet to do so. Please do not create one here. I regularly audit these accounts
and will remove any site violoating this policy with no notification.
Anyone hosting websites or services on their hosted site or virtual
server accounts that support spammers or cause any of our IP space to be
listed in any of the various Spam Databases will have their account
immediately removed from our server. The account will not be reconnected.
- E-mail / News Bombing: Malicious intent to impede another
person's use of electronic mail services or news will result in the
immediate termination of the offending X-Plane.Org account.
- E-mail / Message Forging: Forging any message header, in part
or whole, of any electronic transmission, originating or passing through
the X-Plane.Org service is in violation of this AUP.
- Usenet SPAMing: X-Plane.Org has a zero tolerance policy for
the use of its server for the posting of messages or commercial
advertisements, which violate the rules, regulations, FAQ or charter of
any newsgroups or mailing list. Commercial messages that are appropriate
under the rules of a newsgroup or mailing list or that are solicited by
the recipients are permitted.
- Unauthorized access: Use of the X-Plane.Org server to access,
or to attempt to access, the accounts of others, or to penetrate, or
attempt to penetrate, security measures of X-Plane.Org's or another
entity's computer software or hardware, electronic communications
system, or telecommunications system, whether or not the intrusion
results in the corruption or loss of data, is expressly prohibited and
the offending X-Plane.Org account is subject to immediate termination.
- Copyright or trademark infringement: Use of the X-Plane.Org
server to transmit any material (by e-mail, uploading, posting or
otherwise) that infringes any copyright, trademark, patent, trade secret
or other proprietary rights of any third party, including, but not
limited to, the unauthorized copying of copyrighted material, the
digitization and distribution of photographs from magazines, books, or
other copyrighted sources, and the unauthorized transmittal of
- Collection of personal data: Use of the X-Plane.Org server to
collect, or attempt to collect, personal information about third parties
without their knowledge or consent.
- Network disruptions and unfriendly activity: Use of the X-Plane.Org
server for any activity which affects the ability of other people or
systems to use X-Plane.Org Server or the Internet. This includes "denial
of service" (DOS) attacks against another network host or individual
user. Interference with or disruption of other network users, services
or equipment is prohibited. A Subscriber may not, through action or
inaction, allow others to use their account for illegal or inappropriate
actions. A Subscriber may not permit their account, through action or
inaction, to be configured in such a way that gives a third party the
capability to use their account in an illegal or inappropriate manner.
Unauthorized entry and/or use of another company and/or individual's
computer system will result in immediate account termination. X-Plane.Org
will not tolerate any subscriber attempting to access the accounts of
others, or penetrate security measures of other systems, whether or not
the intrusion results in corruption or loss of data.
- Fraud: Involves a knowing misrepresentation or misleading
statement, writing or activity made with the intent that the person
receiving it will act upon it.
- Infringement of Copyright, Patent, Trademark, Trade Secret, or
Intellectual Property Right: Distribution and/or posting of
copyrighted or the aforementioned infringements will not be tolerated.
- Distribution of Viruses: Intentional distributions of
software that attempts to and/or causes damage, harassment, or annoyance
to persons, data, and/or computer systems are prohibited. Such an
offense will result in the immediate termination of the offending
- Inappropriate Use of Software: Use of software or any device
that would facilitate a continued connection, i.e. pinging, while using
X-Plane.Org's server could result in suspension service.
- Third Party Accountability: X-Plane.Org subscribers will be
held responsible and accountable for any activity by third parties,
using their account, that violates guidelines created within the
Acceptable Use Policy.
- Violation Of X-Plane.Org Virtual Accounts: It is absolutely
forbidden to host pornographic content or IRC servers on Virtual Server
Accounts. Virtual Server Accounts found hosting this material will be
subject to immediate cancellation without refund.
You are responsible for any misuse of your account, even if the
inappropriate activity was committed by a friend, family member, guest or
employee. Therefore, you must take steps to ensure that others do not gain
unauthorized access to your account. In addition, you may not use your
account to breach security of another account or attempt to gain
unauthorized access to another network or server.
- Your password provides access to your account. It is your
responsibility to keep your password secure.
- Sharing your password and account access with unauthorized users is
prohibited. You should take care to prevent others from using your
account since you will be held responsible for such use.
- Attempting to obtain another user's account password is strictly
prohibited, and may result in termination of service.
- You must adopt adequate security measures to prevent or minimize
unauthorized use of your account.
You may not attempt to circumvent user authentication
or security of any host, network or account. This includes, but is not
limited to, accessing data not intended for you, logging into or making
use of a server or account you are not expressly authorized to access,
or probing the security of other networks. Use or distribution of tools
designed for compromising security is prohibited. Examples of these
tools include, but are not limited to, password guessing programs,
cracking tools or network probing tools.
You may not attempt to interfere with service to any
user, host or network ("denial of service attacks"). This includes, but
is not limited to, "flooding" of networks, deliberate attempts to
overload a service, and attempts to "crash" a host.
Users who violate systems or network security may
incur criminal or civil liability. X-Plane.Org will cooperate fully with
investigations of violations of systems or network security at other
sites, including cooperating with law enforcement authorities in the
investigation of suspected criminal violations.
X-Plane.Org accounts operate on shared resources. Excessive use or abuse
of these shared network resources by one customer may have a negative
impact on all other customers. Misuse of network 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 negatively
impact other customers or the performances of X-Plane.Org systems or
networks. X-Plane.Org reserves the right to terminate or limit such
REPORTING VIOLATIONS OF X-Plane.Org AUP
X-Plane.Org requests that anyone who believes that there is a violation of
this AUP direct the information to the Webmaster at
If available, please provide the following information:
- The IP address used to commit the alleged violation
- The date and time of the alleged violation, including the time zone
or offset from GMT
- Evidence of the alleged violation
E-mail with full header information provides all of the
above, as do system log files. Other situations will require different
methods of providing the above information. X-Plane.Org may take any one
or more of the following actions in response to complaints:
- Issue written or verbal warnings
- Suspend the Member's account
- Terminate the Member's account
- Bill the Member for administrative costs and/or reactivation charges
- Bring legal action to enjoin violations and/or to collect damages,
if any, cause by violations
REVISIONS TO THIS ACCEPTABLE USE POLICY
X-Plane.Org reserves the right to revise, amend, or modify this AUP, our
TOS (Terms of Service) and our other policies and agreements at any time
and in any manner. Notice of any revision, amendment, or modification will
be posted in accordance with our TOS (Terms of Service).
Copyright 2003 X-Plane.Org
TOS (Terms of Service)
IMPORTANT NOTICE: *All Payments To
X-Plane.Org Are Non-Refundable*
X-Plane.Org ("The Company") agrees to furnish services to the Subscriber,
subject to the following TOS (Terms of Service).
Use of X-Plane.Org Service constitutes acceptance and agreement to X-Plane.Org's
AUP as well as EV1Servers.net's TOS (Terms of Service). All provisions of
this contract are subject to the TOS (Terms of Service) of X-Plane.Org and
AUP (Acceptable Use Policy). The AUP may be changed from time to time at
the discretion of the Company. Subscriber understands that change to the
AUP by the Company shall not be grounds for early contract termination or
This Agreement shall be construed in all respects in accordance with the
laws of the state of Texas, county of Harris applicable to contracts
enforceable in that state. Venue will be Harris County, Texas
- Disclosure to Law Enforcement: The AUP specifically prohibits
the use of our service for illegal activities. Therefore, Subscriber
agrees that the Company may disclose any and all subscriber information
including assigned IP numbers, account history, account use, etc. to any
law enforcement agent who makes a written request without further
consent or notification to the Subscriber. In addition EV1Servers.net
shall have the right to terminate all service set forth in this
- Service Rates: Subscriber acknowledges that the nature of the
service furnished and the initial rates and charges have been
communicated to Subscriber. Subscriber is aware that the Company may
prospectively change the specified rates and charges from time to time.
The promotional offer is contingent upon Company achieving and
maintaining its cost of service goals including but not limited to rates
charged to company by its suppliers.
- Payment: Establishment of this service is dependent upon
receipt by the Company of payment of stated charges. Subsequent payments
are due on the anniversary date of the month for that month's service.
All accounts and services provided by X-Plane.Org are subject to the
current tax rate as imposed by the State of California which is
currently 7.25%. 80% of the monthly service charge is subject to the
7.25% tax rate, while the remaining 20% of the monthly service charge is
not taxed. 100% of the setup fee is subject to the 7.25% tax rate. The
above applies to all accounts and services provided by X-Plane.Org.
- Payments and Fees: Credit cards that are declined for any
reason are subject to a $1.00 declination fee. Service will be
interrupted on accounts that reach 10 days past due. Service interrupted
for nonpayment is subject to a $200 reconnect charge. Accounts not paid
by due date are subject to a $7.95 late fee. Accounts that are not
collectable by X-Plane.Org may be turned over to an outside collection
agency for collection. If your account is turned over for collection,
you agree to pay the company a "Processing and Collection" Fee of not
less than $50 nor more than $150. If you desire to cancel your account,
please follow the proper procedure to do this as outlined in this TOS.
- Refund and Disputes: All payments to X-Plane.Org are
nonrefundable. This includes the one time setup fee and subsequent
charges regardless of usage. All overcharges or billing disputes must be
reported within 60 days of the time the dispute occurred. If you dispute
a charge to your credit card issuer that, in X-Plane.Org's sole
discretion is a valid charge under the provisions of the TOS and /or AUP,
you agree to pay X-Plane.Org an "Administrative Fee" of not less than
$50 and not more than $150.
- Failure to Pay: The Company may temporarily deny service or
terminate this Agreement upon the failure of Subscriber to pay charges
when due. Such termination or denial will not relieve Subscriber of
responsibility for the payment of all accrued charges, plus reasonable
interest and any collection fees.
- Account Cancellation: Requests for canceling accounts may be
made in writing with at least 30 days notice but not more than 60 days
prior written notice and sent to
X-Plane.Org Attn: Cancellations
41078 Grouse Drive Ste. A Three Rivers, CA 93271
Or you may call 877-848-1024 or fax the cancellation request to
X-Plane.Org's preferred method of cancellation
is via email. Please send your cancellation request to
You must have all account information to cancel.
Subscriber acknowledges that the service provided
is of such a nature that service can be interrupted for many reasons
other than the negligence of the company and that damages resulting from
any interruption of service are difficult to ascertain. Therefore,
subscriber agrees that the company shall not be liable for any damages
arising from such causes beyond the direct and exclusive control of the
company. Subscriber further acknowledges that the company's liability
for its own negligence may not in any event exceed an amount equivalent
to charges payable by subscriber for services during the period damages
occurred. In no event shall the company be liable for any special or
consequential damages, loss or injury.
- New Domain Accounts: All new webhosting accounts involving
new domains will be set up and entered into our DNS servers within 3 to
5 business days. Due to unforeseen complications, however, this process
may sometimes require up to 7 business days. If the new domain is
registered by the account holder, there will be no handling fee. If the
domain is registered by X-Plane.Org on behalf of the account holder a
handling fee will be incurred.
- Transfer of Domains: New webhosting accounts which involve
the transfer of a domain from another provider to X-Plane.Org will
require a minimum of seven (7) days to be set up and entered into our
DNS servers. In some cases, such transfers may take up to sixty (60)
days. Due to the unpredictable nature of the transfer process, no
guarantees are made regarding the amount of time a specific transfer may
take. If the transfer of the domain is done by X-Plane.Org on behalf of
the account holder a handling fee will be incurred. If the customer
cancels service during the transfer period for any reason, all charges
are considered earned.
- SPAM and Unsolicited Commercial Email (UCE): X-Plane.Org
takes a zero tolerance approach to the sending of Unsolicited Commercial
Email (UCE) or SPAM over our server. Very simply this means that
customers of X-Plane.Org may not use or permit others to use our server
to transact in UCE. Customers of X-Plane.Org may not host, or permit
hosting of, sites or information that is advertised by UCE from other
networks. Violations of this policy carry severe penalties, including
termination of service.
Violation of X-Plane.Org's SPAM policy will result
in severe penalties. Upon notification of an alleged violation of our
SPAM policy, X-Plane.Org will initiate an immediate investigation
(within 48 hours of notification). During the investigation, X-Plane.Org
may restrict customer access to the server to prevent further
violations. If a customer is found to be in violation of our SPAM
policy, X-Plane.Org may, at its sole discretion, restrict, suspend or
terminate customer's account. Further, X-Plane.Org reserves the right
to pursue civil remedies for any costs associated with the
investigation of a substantiated policy violation. X-Plane.Org will
notify law enforcement officials if the violation is believed to be a
First violations of this policy will result in an
"Administrative Fee" of $250 and your account will be reviewed for
possible immediate termination. A second violation will result in an
"Administrative Fee" of $500 and immediate termination of your
account. Users who violate this policy agree that in addition to these
"Administrative" penalties, they will pay "Research Fees" not to
exceed $175 per hour that X-Plane.Org personnel must spend to
investigate the matter. PLEASE, DO NOT SPAM from your account.
- Bandwidth and Disk Usage: Customer agrees that bandwidth
and disk usage shall not exceed the number of megabytes per month for
the Services ordered by Customer on the Order Form (the "Agreed
Usage"). X-Plane.Org will monitor Customer's bandwidth and disk usage.
X-Plane.Org shall have the right to take corrective action if
Customer's bandwidth or disk usage exceeds the Agreed Usage. Such
corrective action may include the assessment of additional charges,
disconnection or discontinuance of any and all Services, or
termination of this Agreement, which actions may be taken is in X-Plane.Org's
sole and absolute discretion. If X-Plane.Org takes any corrective
action under this section, Customer shall not be entitled to a refund
of any fees paid in advance prior to such action. In the event that
a customer exceeds the included allocation, X-Plane.Org may, at its
sole discretion, collect a deposit, in an amount determined by X-Plane.Org,
against customer's credit card on file with X-Plane.Org.
- System and Network Security: Users are prohibited from
violating or attempting to violate the security of the X-Plane.Org
server. Violations of server or network security may result in civil
or criminal liability. X-Plane.Org will investigate occurrences, which
may involve such violations and may involve, and cooperate with, law
enforcement authorities in prosecuting Users who are involved in such
violations. These violations include, without limitation:
- Accessing data not intended for such User or logging into a
server or account, which such User is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system
or network or to breach security or authentication measures without
- Attempting to interfere with service to any user, host or
network, including, without limitation, via means of overloading,
"flooding", "mail bombing" or "crashing".
- Forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting.
- Taking any action in order to obtain services to which such User
is not entitled.
- Notification of Violation:
X-Plane.Org is under no duty to look at each
customer's or user's activities to determine if a violation of the AUP
has occurred, nor do we assume any responsibility through our AUP to
monitor or police Internet-related activities.
First violation: Any User, which X-Plane.Org
determines to have violated any element of this Acceptable Use Policy,
shall receive an email, warning them of the violation. The service may
be subject at X-Plane.Org's discretion to a temporary suspension
pending a User's agreement in writing, to refrain from any further
- Second Violation: Users that X-Plane.Org determines to have
committed a second violation of any element of this Acceptable Use
Policy shall be subject to immediate suspension or termination of
service without further notice.
We reserve the right, to drop the section of IP
space involved in Spam or Denial-of-Service complaints if it is clear
that the offending activity is causing great harm to parties on the
Internet. In particular, if open relays are on your network or a
customer's network, or if denial of service attacks are originating
from your network. In certain rare cases, we may have to do this
before attempting to contact you. If we do this, we will contact you
as soon as is feasible.
- Suspension of Service or Cancellation: X-Plane.Org reserves
the right to suspend server access to any customer if in the judgment
of the X-Plane.Org network administrators the customer's account is the
source or target of the violation of any of the other terms of the AUP
or for any other reason which X-Plane.Org chooses. If inappropriate
activity is detected, all accounts of the Customer in question will be
deactivated until an investigation is complete. Prior notification to
the Customer is not assured. In extreme cases, law enforcement will be
contacted regarding the activity. The customer will not be credited for
the time the customer's accounts were suspended.
X-Plane.Org reserves the right to amend its policies
at any time. Failure to follow any term or
condition will be grounds for immediate Cancellation. You will be held
responsible for the actions of your clients in the matter described on
these Terms and conditions. Therefore, it is in your best interest to
implement a similar or stricter Terms and conditions or otherwise called
- Indemnification: X-Plane.Org wishes to emphasize that in
agreeing to the X-Plane.Org Acceptable Use Policy (AUP) and Terms of
Service (ToS), customer indemnifies X-Plane.Org for any violation of the
Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in
loss to EV1Servers.net or the bringing of any claim against X-Plane.Org
by any third-party. This means that if X-Plane.Org is sued because of a
customer's or a customer of a customer's activity, the customer will pay
any damages awarded against X-Plane.Org, plus all costs and attorney's
- Miscellaneous Provisions: You must provide us with, and keep
current, good contact information for you. E-mail, fax, and telephone
contacts are used, in that order of preference.
A waiver by the Company of any breach of any
provision of this Agreement by Subscriber shall not operate as or be
construed as a continuing or subsequent waiver thereof or as a waiver
of any breach of any other provision thereof.
Subscriber shall not transfer or assign this
Agreement without the prior written consent of the Company. Company
may assign Agreement at anytime without consent from or notice to
Subscriber. Company reserves right to cancel customers rights under
this contract at anytime without further obligation.
X-Plane.Org takes no responsibility for any
material input by others and not posted to the X-Plane.Org Network by
X-Plane.Org. X-Plane.Org is not responsible for the content of any
other websites linked to the X-Plane.Org Network; links are provided
as Internet navigation tools only. X-Plane.Org disclaims any
responsibility for any such inappropriate use and any liability to any
person or party for any other person or party's violation of this
X-Plane.Org is not responsible for any damages your
business may suffer. X-Plane.Org does not make implied or written
warranties for any of our services. X-Plane.Org denies any warranty or
merchantability for a specific purpose. This includes loss of data
resulting from delays, non-deliveries, wrong delivery, and any and all
service interruptions caused by X-Plane.Org.
It is absolutely forbidden to host pornographic
content or IRC servers on Virtual Server Accounts. Virtual Server
Accounts found hosting this material will be subject to immediate
cancellation without refund.
- Responsibility for Content: You, as X-Plane.Org's customer,
are solely responsible for the content stored on and served by your X-Plane.Org
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