24Seven Sites servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”) is prohibited, regardless of whether or not it overloads a server or disrupts service to 24Seven Sites’ customers. The term “spamming” also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a web site hosted on a 24Seven Sites server, and selling or distributing software (on a web site residing on a 24Seven Sites server) that facilitates spamming. Violators will be assessed a minimum fine of $200 and will face immediate suspension. 24Seven Sites reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
System and Network Abuse
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Viruses and Other Destructive Activities
Use of 24Seven Sites’ services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use 24Seven Sites’ services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
The Digital Millennium Copyright Act (“DMCA”) sets forth the law regarding the use of copyrighted materials on the Internet. All 24Seven Sites customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a 24Seven Sites customer (per the DMCA) to 24Seven Sites must follow the below procedures. Copyright infringement notifications submitted to 24Seven Sites according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at 24Seven Sites’ sole discretion.
DMCA Copyright Infringement Notification Requirements:
Legal Dept. – DMCA Complaints
24Seven Sites Inc.
1100 Peachtree Street Northeast, Suite 200
Atlanta, GA 30309-4503
The use of 24Seven Sites’ services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. 24Seven Sites is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
All payments are subject to 24Seven Sites’ Billing Policy. By supplying your credit/debit card for the payment of 24Seven Sites charges, you authorize 24Seven Sites to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit/debit card until such time that you cancel your account in accordance with 24Seven Sites’ Billing Policy.
Customers are required to use the 24Seven Sites network responsibly. This includes respecting other customers of 24Seven Sites. A customer must properly maintain their systems and websites to ensure they are running properly and not causing system corruption, spreading malware or viruses. 24Seven Sites reserves the right to suspend and/or cancel service with any customer who uses the 24Seven Sites network in such a way that adversely affects or could affect other 24Seven Sites customers. 24Seven Sites also reserves the right to terminate any customer that does not properly maintain their systems. Not properly maintaining a dedicated server could cause harm to a leased system or network. While 24Seven Sites may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, 24Seven Sites does not monitor its customers’ communications or activities to determine whether they are in compliance with the TOU. However, when 24Seven Sites becomes aware of any violation of the TOU or other user agreements, 24Seven Sites may take any action to stop or correct such violation, including, but not limited to, denying access to 24Seven Sites’ services and equipment or to the Internet. In addition, 24Seven Sites may take action against a customer or a customer of such customer because of the activities of such customer. 24Seven Sites anticipates that customers who offer Internet services will cooperate with 24Seven Sites in any corrective or preventive action that 24Seven Sites deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of 24Seven Sites policy and 24Seven Sites reserves the right to take any such action even though such action may affect other customers of the 24Seven Sites customer.
Customer acknowledges that from time to time 24Seven Sites may deem it necessary to limit or suspend the availability of 24Seven Sites services to perform routine and remedial maintenance to the network, hardware, software, or other related assets.
Actions Taken by 24Seven Sites
The failure by a customer to meet or follow any of the TOU is grounds for account deactivation. 24Seven Sites will be the sole arbiter as to what constitutes a violation of the TOU . 24Seven Sites reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When 24Seven Sites becomes aware of an alleged violation of its TOU , 24Seven Sites will initiate an investigation. During the investigation, 24Seven Sites may restrict a customer’s access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, 24Seven Sites may, at its sole discretion, restrict, suspend, or terminate a customer’s web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, 24Seven Sites will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. 24Seven Sites does not issue credits for outages incurred through service disablement resulting from TOU violations. 24Seven Sites customers agree to indemnify and hold harmless 24Seven Sites from any claims resulting from the use of our services that damages them or any other party. The 24Seven Sites service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. 24Seven Sites expressly disclaims any representation or warranty that the 24Seven Sites service will be error-free, secure or uninterrupted. No oral advice or written information given by 24Seven Sites, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. 24Seven Sites and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by 24Seven Sites.