Webmaster rules and regulations

Special paragraphs for participating webmasters
(from 10/03)

x-access is an age verification system intended to help prevent minors from accessing adult material located on individual adult sites. This system also has the added benefit of helping to generate income from the traffic of your site(s). x-access GmbH licenses Webmasters the rights to utilize our age verification system on their site(s) as long as the Webmaster and their site(s) are in accordance with our policies and guidelines. We reserve the right to change or amend these policies at any time without notice. We also reserve the right to revoke our license at any time without notice. Below we have listed our major policies. Our policies are subject to change without prior notification.

Definitions

• Webmaster is defined as the individual and/or entity that owns or controls a Web page or Web pages that comprise a site. Webmasters affirm they are at least 18 years of age, and will submit proof of age upon request by the x-access GmbH.


• A Site is defined as a Web Page or a collection of Web pages organized into an identifiable Internet Publication.

• An applicant to be an x-access Webmaster must be at least eighteen (18) years of age and submit proof upon request.


• An x-access Webmaster PIN may not be transferred or assigned to any other person or entity. The posting, publication, transfer, assignment, sharing or dissemination of an x-access Webmaster PIN or any other x-access PIN is strictly prohibited.


• Fraud, illegal activities, unfair or deceptive trade practices or violation of the x-access Policies (as amended) will result in immediate termination of your account.


• No commissions will be paid on fraudulent transactions and payments may be withheld if fraud is suspected.


• Any unlawful activities or activities that, within the sole and absolute discretion of x-access, may be or are harmful to its reputation, image, goodwill (including but not limited to inappropriate usenet postings or spamming) will result in immediate termination.


• Illegal content (like child pornography) is strictly prohibited.


• A Webmaster PIN will be validated only to gain access to the x-access Webmaster's Area and to the sites owned by the webmaster himselve.


• Violation of the x-access use license of trademarks and copyrighted materials is prohibited.


• Use of x-access trademarks and copyrighted materials to obtain any personal information of an x-access customer is strictly prohibited.


• Any failure or delay in enforcement of the General policies by x-access shall not be deemed a waiver or modification of any terms hereof.


• Interpretation, modification, termination and enforcement of these General policies shall, at all times, be within the sole and absolute discretion and control of x-access.


• By submitting an application to become an x-access Webmaster, the applicant agrees to be bound by these General Policies which shall be construed under the Laws of Germany. Jurisdiction and venue for any dispute arising hereunder shall be in Leverkusen, Germany.


• Each x-access Webmaster shall indemnify and hold x-access harmless from any and all liabilities, claims, damages (including attorney's fees) threatened or incurred as a result of the Webmaster's activities.


• x-access is a registered company in the netherlands. All representations, warranties and rights conferred hereunder shall inure to the benefit of the x-access GmbH, its affiliates, successors and assigns.

• The following Page Policies must be met for any site to be listed on the x-access Participating Sites Links page(s) and search engine. If these Policies are not met a site may not utilize the x-access System.


• An x-access Participating Site may not display, publish, link to, or provide access to any images, pictures, stories, video clips or any other media portraying any content that is deemed illegal in Germany or the United States. Any site containing content deemed illegal in Germany or the United States will be removed from our Links Page and the account will be de-activated.


• Each x-access Participating Site must contain unique, quality and adequate content ("Content") for the x-access customer. No further purchases or membership fees may be required to obtain Content. The quality, uniqueness and adequacy of the Content is solely within the discretion of x-access, but generally means at least 30 pictures/images/stories/videos of sufficient quality to provide value to the x-access customer. These are loose, subjective guidelines to insure that there is a definite benefit for the x-access customers without requiring them to pay additional fees.


• Although advertising is not restricted on regular x-access sites, for a site to be part of the x-access program, certain minimal editorial standards must be maintained; each site must be unique and must provide value to the x-access customer.


• Excessive banners and other advertising are only allowed on separate lonk pages that have not to be viewed to read the content. Content pages may have at maximum two banner advertisements on Standard sites, one on Royal (<) sites and no advertisement on ROYAL sites.


• All ads must advertise for the site itself (i.e. by banner exchange programs or link tade with other sites) or they must advertise for a site also in the x-access program. (i.e. a ROYAL site) Sites with the only purpose to advertise another PaySite are not accepted for our quality link lists.


• An x-access Participating Site may not (leech) link to another site's images/pictures/logos/graphics or post Passwords or hidden URLs of sites with the intention of defeating that site's protective measures or membership fees.


• An x-access Participating Site must be placed in the appropriate Category of the Links Page(s), display the correct URLs to the Warning page where the x-access script is located or access to that script is located, and the description of the site must be accurate. Any deceptive information placed on our Links Page will be grounds to remove the site from the Links Page permanently and without warning.


• The x-access Script must be easily accessible to the x-access customer.


• Site names, site descriptions, links, banners and advertising must not be false, misleading or deceptive.


• Site descriptions must accurately describe the contents in the site.


• The site name on the Links Page must be the site to which the link refers.


• No sites hosted on a free hosting service that does not allow adult content will be listed on the Links Page.


• Multiple sites owned by the same person or entity must be designed as individual sites each containing their own individual Warning Pages and Content Pages, and may not be listed more than once on our Links Page under the same or different names.


• A site may not use any other adult verification services on the same entry page. x-access may only be used exclusively.


• Membership Sites, which require further membership fees additionallyare not accepted by the x-access program.


• An x-access Participating Site Webmaster is responsible for providing all content, material, products, and/or services on the site. x-access is not responsible for any content provided on an x-access Participating Site.


• An x-access Participating Site must be properly maintained and active at all times. If an x-access Participating Site is down temporarily for any reason, it is the responsibility of the x-access Participating Site Webmaster to notify tech@x-access.com with an estimated length of downtime. Failure to provide this notice may result in removal from the program.


• All x-access Participating Sites are reviewed and monitored for continued compliance.


• The name of the x-access Participating Site on the Links Page must match the name displayed on the site. Site names may be changed at the sole discretion of x-access.

• Checks or money transfers are sent out once a month coinciding only one monthly billing period. The first pay period begins on the first of the month. Checks are generally sent out within 5 buisness days. Arrival time of your checks is dependant on the method we send it out, the season as well as the German postal system's time required to deliver in your area or country.


• Checks for over 500.00 Euro will be sent out by German Express mail at our expense. Checks under 500.00 Euro will be sent out by regular mail. Account Balances under 50.00 Euro will be held over until the balance exceeds 50.00 Euro. Should there be pertinent information missing from your account, x-access. will place your account on payment hold until this information is provided.


• Webmasters will receive 2/3 of the income generated by the referred customer at the time of the refferal for the basis pass. For Royal (<) or ROYAL sites this includes recourring income until cancellation. For Royal (<) sites the provision for recurring income is 50 %.


• Recalled payments are booked back on your account. We will then write a bill to the customer. If the bill is payed you will get the money booked on your account gain. If not we will use law enforcement to get the money. If this is successfull the resulting payment will be used in full for our high bank costs that are caused by customers who use for example stolen credit cards, are unable to pay. a.s.o.


• ALL PAYMENTS ARE SEND 2 MONTHS AFTER BOOKING. Provisions generated in february will not be paid in the first days of march, but in the first days of may. This is due to bank modalities. After 60 days the bank grants the right to us to use the money for provisions, until then it is deemed unsafe.