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Introduction

Xcluzive Systems, has ZERO TOLERANCE for Unsolicited Broadcast Email, Unsolicited Commercial Email (commonly known as "Spam") and Pishing scams whether originating from customers, from resellers' customers, or from customers that provide services which are used to support Spam.

Definition

Xcluzive defines Spam as unsolicited broadcast or commercial email that is sent to addresses that do not affirmatively and verifiably request such material from that specific sender, including but not limited to advertising, surveys, information pieces, third party spamming, Web site addresses, sales, and auctions.

Pishing is defined as hosting a clone of a website with or without intentions of getting private information of the clients/members of the abused site.

The Policy

Xcluzive's customers, and customers of Xcluzive's resellers or any downstream customers, are prohibited from sending and shall not allow their site to be used for sending Spam and Pishing. Mail senders are required to maintain records that verify, on a case by case basis, that explicit affirmative permission was obtained from recipients before mailing. Lack of such records can be considered, at Xcluzive's sole discretion, proof that permission was not obtained.

Xcluzive customers are responsible for ensuring that they, their customers, and their respective agents and contractors abide by this policy. Xcluzive's customers will be held responsible for all traffic sent via their connection to Xcluzive or sent elsewhere, using support services provided via their connection to Xcluzive. "Support services" includes hosting Web sites, electronic mailboxes, telephony gateways, sale of spamming software or other similar services. Customers are also responsible for ensuring that they do not advertise or promote themselves through Spam.

Xcluzive may charge customer and customer shall pay upto $1000.00 per valid Spam/Pishing complaint of which Xcluzive is notified.

If Xcluzive receives a complaint, the site will be suspended without any warning and will be activated only after complete resolution of the issue. Xcluzive may block traffic to and from the specified Web site or the server involved in the Spam/Pishing complaint until Xcluzive is convinced that the problem is resolved and preventative measures have been implemented to prevent the violation from recurring. The customer is responsible for all Spam that passes through his Web site / Server / Domain Name.

Xcluzive also reserves the right to block traffic to and from the IP address(es) involved in hacking, and/or port scanning.

If you are Xcluzive's dedicated server customer and you run a mail-server, you must maintain a mailbox and read mail to postmaster@(your domain) and abuse@(your domain). Further make sure that you do not sell hosting/space to any person without verifying his exact intensions.

In addition, from time to time, Xcluzive blocks third party IP addresses that Xcluzive believes are used for the distribution of Spam or are designated as open relays. Any blocking of such IP addresses shall prevent Xcluzive customers from sending or receiving traffic to and from such IP addresses.

What does this mean?

• Xcluzive's resellers must educate their customers about Spam and pishing to ensure compliance with these provisions.
• You must promptly investigate and satisfactorily deal with any Spam and Pishing complaints forwarded to you.
• When using a mailing list, you must confirm that the recipients on the mailing lists have requested or otherwise affirmatively accepted receipt of any materials to be sent by you.

Why this Policy?

Unlike senders of traditional "junk mail" who are required to pay for envelopes, materials and postage, senders of Spam can, given the nature of the internet, impose enormous costs on the recipients of their messages at little or no cost to themselves. Costs imposed on Spam recipients include ISP bandwidth used to deliver Spam, additional IP infrastructure needed to handle Spam, and time and money wasted in filtering out and deleting Spam. Xcluzive believes that users of the Internet should not be forced to incur such expenses without their consent. As a result, Xcluzive believes that the elimination of Spam will result in a better and less expensive Internet experience for all Internet users and will allow Xcluzive to provide better and more efficient service to its customers.