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7 Digits Terms & Conditions
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1.
AGREEMENT.
This agreement ("Terms and Conditions"), in
addition to any other specific agreement
between 7 Digits, Inc. ("7 Digits") and the
customer ("Customer"), represents the
complete understanding and agreement between
7 Digits and Customer. Except when expressly
agreed to the contrary in writing by 7
Digits, these Terms and Conditions supersede
any other written (including, without
limitation, digitized/computerized)
agreement, oral agreement, and/or agreement
by conduct. This agreement establishes your
rights and obligations when using any of our
services.
7 Digits may change or discontinue any
provision of these Terms and Conditions at
any time, including, without limitation,
services, pricing, equipment, and products.
Any such change or discontinuance will
legally bind Customer from the time 7 Digits
publishes notice of the change or
discontinuance on the 7 Digits Web Site. It
is Customer´s sole responsibility to ensure
that Customer is up to date on the most
current version of the 7 Digits Terms and
Conditions.
If you do not agree to the terms of this
agreement, do not purchase, use or access 7
Digits´s services.
2. CONTENT.
7 Digits services may be used for lawful
purposes only. While using 7 Digits´s
Services, Customer may have access to
services that allow you to send or post
materials ("content") and make that content
available to others on the global Internet.
Customer may not submit, publish, or display
on the 7 Digits Network any defamatory,
illegal, abusive, obscene, infringing, or
threatening content. In addition, Customer
may not submit, publish, or display any
content in violation of any US laws,
Federal, state or local. Customer is solely
responsible for the content that they make
accessible while using 7 Digits´s servers
and networks. Customer may not use the
service to assist any other person or entity
to violate any Federal, State, or Local
laws, ordinances, or regulations.
7 Digits is not obligated to monitor the
network for the purpose of examining
Customer´s content. Customer hereby
acknowledge that if 7 Digits is made aware
of content that is determined to be, at the
sole discretion of 7 Digits, unacceptable,
undesirable, offensive, indecent, obscene,
excessively violent or otherwise
objectionable, 7 Digits has the right, but
not the obligation, to edit, remove or deny
access to such content. 7 Digits may
disclose any content or records concerning
customer´s account as required to satisfy
any legal requirement, regulation,
government request or court order.
Pornography and sex-related merchandising
are expressly prohibited on 7 Digits
servers. This includes implying sexual
content, display of nudity, or any link to
adult content. This is also true for sites
that promote illegal activity of any type or
content that may be damaging to 7 Digits
servers or any other servers on the
Internet. Links to such materials are also
prohibited. In addition, the sale of or
promoting bulk email services are not
allowed. Non-acceptable content or links
include but are not necessarily limited to:
Adult Content Sites - Any pornographic
material, links to adult sites, or
advertisements for adult sites.
Pirated Software Sites (Warez) - Any
software that is copyrighted and not freely
available for distribution without cost;
i.e. ROMs, ROM Emulators and MPEG Layer 3
files (MP3).
Copyright Violations - Violation of
copyrights held by individuals and
corporations or other entities can result in
civil and criminal liability for the
infringer.
Hacking/Phreaking - Includes sites with
material, links, or resources for hacking,
phreaking, viruses, or any type of site that
promotes or participates in willful harm to
Internet sites or providers.
The designation of any materials as
described above is left entirely to the
discretion of 7 Digits.
3. SYSTEM & NETWORK RESOURCES.
Resources are defined as utilization of
bandwidth usage, server processor usage,
server memory usage, and file storage. 7
Digits offers services in a shared system
environment. Individual websites may not
consume excessive resources at any time as
this can affect other users on the shared
system. Excessive resource use is defined
as, but not limited to, use of more than 10%
of a system resource for longer than 60
seconds. If a customer account is found to
be using excessive resources on a shared
system, or causes a system to operate in a
non-optimal manner, the customer will be
contacted to resolve the problem. If 7
Digits is unable to contact a customer
regarding a resources related issue, we may,
at our discretion, suspend or cancel the
customer account. 7 Digits provides a
service to host web sites and web pages. All
images and files in a website directory must
be linked to from web pages on the
customer´s web site. Web space is not to be
used as an image, sound, or file library,
repository, or any other backup or storage
solution. Images, sound, and video files may
not be linked to from outside sources or
websites.
Bandwidth. 7 Digits provides a maximum
monthly bandwidth transfer of 7500GB on its
Advanced X4 Hosting package. In the interest
of preventing system and network resource
abuse in a shared environment, 7 Digits does
not allow any single website to use more
than 7500GB of bandwidth in any single
calendar month, or more than 250GB on any
single day. A day is defined as a 24 hour
calendar day in the GMT time zone. In
addition to these limitations, 7 Digits does
not allow any single website to average a
bandwidth transfer speed of more than 30mbps
for a period longer than 60 minutes.
4. FEES, PAYMENT AND TERM.
As consideration for the services you have
selected, you agree to pay 7 Digits the
applicable service fees as advertised on the
7 Digits website. All fees payable hereunder
are non-refundable except those fees covered
by 7 Digits´s "30 Day Money Back Guarantee".
As further consideration for the Services,
you agree to: (1) provide certain current,
complete and accurate information about you
as required by the registration process and
(2) maintain and update this information as
needed to keep it current, complete and
accurate. All such information shall be
referred to as account information ("Account
Information"). You hereby grant us the right
to disclose to third parties as needed to
maintain your services such Account
Information. By submitting to this
Agreement, you represent that the statements
you have made in our application are true
and you will not use our Services for any
unlawful purpose.
All Bank Disputes and Credit Card Charge
Backs result in the complete cancellation of
your account. Credit Card Charge Backs
result in the forfeiture of all 7 Digits
services AND the purchasers Domain Name.
All 7 Digits services, with the exception of
our Managed Server Services, include a 30
day money back guarantee. If you are
dissatisfied with your service for any
reason, you will receive a full refund if
you cancel your account within 30 days of
your original signup date. The 30 day money
back guarantee does not apply to Domain Name
Registration. Domain Name Registration is
NOT refundable. Once you purchase your
Domain Name you are the owner and it can not
be "returned" until the duration of the
domain term has expired.
5. SYSTEM SECURITY.
Customers may not use the 7 Digits Network
to attempt in any way to circumvent user
authentication or security of any host,
network, or account. This includes, but is
not limited to, accessing any data not
intended for the customer, logging into any
server or account the customer is not
expressly authorized to access, password
cracking, probing the security of other
networks in search of weakness, or violation
of any other organization´s security policy.
Customers may not attempt to interfere or
deny service to any user, host, or network.
This includes, but is not limited to,
flooding, mail bombing, or other deliberate
attempts to overload or crash a host or
network. 7 Digits 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. Users who violate system or
network security may incur criminal or civil
liability.
7 Digits is not responsible for security
vulnerabilities, weaknesses or flaws within
individual customer files, scripts, or
databases. Should 7 Digits be made aware of
unauthorized access to a customer account,
it may, at its sole discretion, cancel the
customer account immediately to prevent
additional unauthorized access to the 7
Digits network.
6. UNSOLICITED EMAIL (SPAM).
Customer may not use any 7 Digits service,
equipment or any 7 Digits hosted email
address or website in connection with the
transmission of spam, Instant Messages,
flames, mail bombs, or substantially
similar, unsolicited email messages. Your
domain may not be referenced as originator,
intermediary, reply-to address, or
referenced in the body of the message, in
any of the above. This shall include the
sending of unsolicited mass mailings from
any other service that in any way implicates
the use of the 7 Digits network. A message
is considered to be unsolicited if it is
posted in violation of a newsgroup charter
or if it is sent to a recipient who has not
requested or invited the message. Simply
making one´s email address or username
accessible to the public will not constitute
a request or invitation to receive messages,
for purposes of enforcing this provision.
When any customer is found to have been
engaged in spamming in violation of this
agreement, 7 Digits reserves the right to
disable that customer´s web site without
warning. 7 Digits solely reserves the right
to refuse or cancel service to spammers. 7
Digits reserves the right to determine what
violates this policy. As such, any violation
may result in cancellation of services
without refund. Such cancellation of
services for cause, specifically the reasons
provided herein, shall automatically void 7
Digits´s 30 day money back guarantee.
7. VIRTUAL PRIVATE SERVER.
Customer agrees to operate a Virtual Private
Server (VPS) within the 7 Digits network.
All Terms & Conditions as applicable to
other 7 Digits services will apply to
Virtual Private Server accounts. The
following Terms & Conditions shall also
apply:
7 Digits may not be held liable for data
loss on a VPS for any reason. Data backup is
the sole responsibility of the customer.
Do not attempt to install or uninstall any
software on your VPS without first making a
backup of your VPS. If software related
problems occur on your VPS, it may be
necessary to restore your VPS from backup.
If you have not created a backup of your
VPS, it may be necessary to destroy and
recreate your VPS. If your VPS is destroyed,
all files and configuration settings on your
VPS will be lost.
Resources - VPS servers are provided with
certain dedicated and shared system
resources. Disk space is a dedicated
resource - Disk space assigned to a VPS is
for the exclusive use that VPS. Memory (RAM)
is a dedicated resource - Memory assigned to
a VPS is for the exclusive use of that VPS.
Processor (CPU) is a shared resource - The
system processors are shared by all VPS
servers on a single physical server.
Guaranteed processor resources are provided
to each VPS plan as follows: Dedicated -
1/30 of system processor; Dedicated X2 -
1/20 of system processor; Dedicated X4 -
1/10 of system processor. Sustained
processor usage over the thresholds defined
below constitute an abuse of system
resources: Dedicated - 10% of system
processor for period longer than 30 minutes;
Dedicated X2- 20% of system processor for
period longer than 30 minutes; Dedicated X4
- 30% of system processor for period longer
than 30 minutes. Sustained processor
utilization for any single process on a VPS
over the thresholds defined below constitute
an abuse of system resources: Dedicated - 3%
of system processor for period longer than 4
hours; Dedicated X2- 6% of system processor
for period longer than 4 hours; Dedicated X4
- 10% of system processor for period longer
than 4 hours.
8. CANCELLATION OF SERVICE.
Cancellation of any service must be done via
the 7 Digits web based administration, or
via fax signed by the account holder. 7
Digits can not accept cancellation requests
in any other way. Transferring your domain
to another provider does not constitute
canceling your account with 7 Digits. You
must notify 7 Digits as detailed above to
formally cancel your account with 7 Digits
to avoid further charges. Domain Name
Registration CAN NOT be cancelled. As the
purchaser of the Domain Name you are the
Domain Names owner until the term of the
Domain Names registration has expired. 7
Digits reserves the right to cancel service
for any reason without prior notice.
9. LIMITATION OF LIABILITY.
You agree that our entire liability, and
your exclusive remedy, with respect to any
Services(s) provided under this Agreement
and any breach of this Agreement is solely
limited to the amount you paid for such
Service(s). We and our contractors shall not
be liable for any direct, indirect,
incidental, special or consequential damages
resulting from the use or inability to use
any of the Services or for the cost of
procurement of substitute services. We
disclaim any and all loss or liability
resulting from, but not limited to: (1) loss
or liability resulting from access delays or
access interruptions; (2) loss or liability
resulting from data non-delivery or data mis-delivery;
(3) loss or liability resulting from acts of
God; (4) loss or liability resulting from
the unauthorized use or misuse of your
Account Identifier or Password; (5) loss or
liability resulting from errors, omissions,
or misstatements in any and all information
or services(s) provided under this
Agreement; (6) loss or liability resulting
from the development or interruption of your
Web site or email service. You agree that we
will not be liable for interruption of
business, or any indirect, special,
incidental, or consequential damages of any
kind (including lost profits) regardless of
the form of action whether in contract, tort
(including negligence), or otherwise, even
if we have been advised of the possibility
of such damages. In no event shall our
maximum liability exceed one hundred
($100.00) dollars.
10. INDEMNIFICATION.
Customer agrees that it will protect,
indemnify, save and hold 7 Digits, Inc., a
New York Corporation, harmless from any and
all stipulations, liabilities, losses,
expenses and claims, as well as reasonable
attorney´s fees assessed against 7 Digits,
Inc., its agents, customers, officers,
employees and administration that may arise
or result from any service provided or
performed or agreed to be performed or any
product sold by it´s customers, agents,
employees or assigns. Customer agrees to
defend, indemnify and hold 7 Digits, Inc.
harmless against liabilities arising out of;
1. Any injury to person or property caused
by any products sold or distributed in
association with 7 Digits´s Services;
2. Any material furnished by customer
infringing or allegedly infringing on the
proprietary rights of a third party;
3. Copyright violation and any defective
products sold to a customer from 7 Digits´s
Services.
11. DISCLAIMER.
7 Digits, Inc. will not be responsible for
any damages your business may suffer. 7
Digits, Inc. makes no warranties of any
kind, expressed or implied for services we
provide. 7 Digits, Inc. disclaims any
warranty or merchantability or fitness for a
particular purpose. This includes data loss
resulting from delays, non-deliveries, wrong
delivery, and any and all service
interruptions of any kind caused by 7
Digits, Inc. and its employees. 7 Digits,
Inc. reserves the right to amend or update
these policies without notice. Failure to
follow any terms and conditions may result
in account deactivation.
7 Digits furthermore expects that its
customers who resell our Internet services
to others will fully comply with all
applicable laws concerning the privacy of
on-line communications. A customer´s failure
to comply with those laws will violate this
policy. Finally, 7 Digits wishes to
emphasize that in accepting services,
customers indemnify 7 Digits for the
violation of any law or 7 Digits policy that
results in loss to 7 Digits or the bringing
of any claim against 7 Digits. If 7 Digits
is sued because of activities of a customer
that violate any law, or this policy, the
customer will pay any damages awarded
against 7 Digits, plus costs and reasonable
attorneys´ fees.
All Customer of 7 Digits must adhere to the
above policies. Failure to follow any term
or condition will be grounds for immediate
account deactivation. |
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