1. Introduction
Xfire's Acceptable Use Policy is intended to help enhance the use of the Xfire service by preventing unacceptable use. We support the free flow of information and ideas over the Internet and do not actively monitor use of the service under normal circumstances. Similarly, we do not exercise editorial control over the content of any material created or accessible over or through Xfire, except for certain proprietary Web sites. However, in accordance with our Terms and Conditions we may remove any materials, that in our sole discretion, may be illegal, may subject us to liability, or which may violate this Acceptable Use Policy. Xfire may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Your violation of this Acceptable Use Policy may result in the suspension or termination of either your access to Xfire services and/or your Xfire account. This Acceptable Use Policy should be read in conjunction with our Terms and Conditions and other policies. If you do not agree to comply with all of our policies, you must immediately stop use of the service and notify Xfire so that your account may be closed.
2. Violations of Xfire's Acceptable Use Policy
The following constitute violations of this Acceptable Use Policy:
a. Illegal Use. Using Xfire to transmit any material (by email, uploading, downloading, posting or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated thereunder.
b. Harm to Minors. Using Xfire to harm, or attempt to harm, minors in any way.
c. Threats. Using Xfire to transmit any material (by email uploading, downloading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
d. Harassment. Using Xfire to transmit any material (by email, uploading, downloading or otherwise) that harasses another.
e. Sexually Explicit Material. Using Xfire to transmit any material (by email, uploading, downloading or otherwise) that contains explicit or graphic descriptions or accounts of sexual acts including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals.
f. Discrimination. Using Xfire to discriminate against, victimize, harass, degrade or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
g. Libel or Defamation. Using Xfire to make libelous or defamatory remarks about another person or entity.
h. Fraudulent Activity. Using Xfire 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,", "chain letters," and other forms of business fraud.
i. Forgery or Impersonation. You may not impersonate any person or entity, including any employee or representative of Xfire. Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person or entity by using forged headers or other identifying information is prohibited.
j. Unsolicited Commercial Material/Unsolicited Bulk Material. Using Xfire to transmit any unsolicited commercial material or unsolicited bulk material (also known as "Spamming") through email, the client, or forums pages. Users may not transmit such material even if the transmission provides an electronic email address to which the recipient may send a request for declining such electronic mail. Activities that have the effect of facilitating unsolicited commercial material or unsolicited bulk material whether or not that material is commercial in nature, is prohibited.
k. Unauthorized Access. Using Xfire to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Xfire'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.
l. Copyright or Trademark Infringement. Using Xfire to transmit any material (by email, uploading, downloading, 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 copyrighted software.
m. Collection of Personal Data. Using Xfire to collect or attempt to collect, personal information about third parties without their knowledge or consent. All Users further agree they will not attempt to collect or use any personal information from a minor (anyone under 18 years old) without appropriate prior verifiable parental consent.
n. Reselling the Services. Reselling Xfire €™s services without Xfire's authorization. The services are for your use only.
o. Network Disruptions and Unfriendly Activity. Using Xfire for any activity which adversely affects the ability of other people or systems to use Xfire's services or the Internet. This includes "denial of service" attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. This includes but is not limited to software viruses or any other computer code, files or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or damage or obtain unauthorized access to any data or information of any third party. It is the User's responsibility to ensure that their network is configured in a secure manner. A User may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A User may not permit their network, through action or inaction, to be configured in such a way that gives a third party, the capability to use their network in an illegal or inappropriate manner.
p. News. Xfire's Users should use their best judgment when posting to any newsgroup. Many groups have charters, published guidelines, FAQ's or community standards describing what is and is not considered appropriate. The continued posting of off-topic articles is prohibited. Commercial advertisements are off-topic in most newsgroups.
q. Excessive Bandwidth Use. Xfire reserves the right to monitor bandwidth use of its customers and may suspend or terminate the account of any customer using excessive bandwidth, excessive downloads, uploads and/or file transfers, servers other than Xfire or hosting websites which are not hosted by Xfire. Xfire provides its service based on standard Internet burst speeds and is not intended for continual, maximum upload or download usage. If a customer has excessive downloads, uploads and/or file transfers, Xfire may suspend or terminate use of the services immediately or additional charges may apply.
r. Compromising Security. Using or distributing tools designed or used for compromising security, which includes but is not limited to: password guessing programs, decoders, password gatherers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Network probing or port scanning tools are only permitted when used in conjunction with a residential home network, or if explicitly authorized by the destination host and/or network. Unauthorized port scanning, for any reason, is strictly prohibited.
s. Network content or services to others. Running programs or servers from a customer's premises which provide network content or any other services to others. Examples include but are not limited to: peer-to-peer file sharing, mail, ftp, http, game, newsgroup, proxy, IRC servers and multi-user interactive forums.
t. Multiple or simultaneous Log-ins. Multiple log-ins or simultaneous log-ins are prohibited. This means that customers may not log into the same account with multiple computers at the same time. Please note that a customer is responsible for recognizing when more than one person is logged in at the same time.
3. Reporting Violations of Xfire's Acceptable Use Policy
Xfire requests that anyone who believes that there is a violation of this Acceptable Use Policy please report such information to Xfire Customer Support at support@xfire.com.
Xfire may take any one or more of the following actions in response to complaints:
- Issue warnings: written
or verbal
- Suspend a customer's forum posting privileges
- Suspend a customer's account
- Terminate a customer's account
- Bill a customer for administrative costs and/or reactivation charges
- Bring legal action to enjoin violations and/or to collect damages, if any,
caused by violations
- Report any violations to the appropriate legal authorities
4. Indemnification
You agree to indemnify, defend and hold harmless Xfire, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to Xfire from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Acceptable Use Policy by you. Each of these individuals or entities shall have the right to assert and enforce the provisions directly against you on its own behalf. This provision shall survive the termination of your service.
5. Modifications to this Acceptable Use Policy
Xfire reserves the right to modify or amend this Acceptable Use Policy, our Terms of Service and our other policies and agreements at any time and in any manner. Notice of any modification or amendment will be posted and/or distributed in accordance with the Internet Service Agreement.
Questions about this policy should be sent via e-mail to support@xfire.com.
Reports of activity in violation of this policy may be sent in e-mail to support@xfire.com.
