Terms
All users of 24-7-365hosting.com services, and all customers upon signing up for 24-7-365hosting.com services, agree to comply with this Terms of Use ("TOU"). The spirit of the TOU is to ensure customers are using our services with due regard to the rights of other Internet users and in conformity with the requirements of our network environment. The TOU are not exhaustive and 24-7-365hosting.com reserves the right to add, delete, or modify any provision of its TOU at any time without notice, effective upon either the posting of the modified TOU to www.24-7-365hosting.com or notification of the modified TOU.

Please click here to see our abuse terms for more details on abuse policy and our new Unlimited Plan Quota.

When you agree to the terms, you are also agreeing to our Billing terms. Click here for more info on our billing terms. Except when expressly agreed to the contrary in writing by an authorized representative of 24-7-365hosting.com, this TOU supersedes any other agreement with 24-7-365hosting.com, whether written, oral, by conduct, or otherwise.

Server Resources Any Web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to reduce the resources used to an acceptable level or pay additional amounts. 24-7-365hosting.com will be the sole arbiter of what is considered to be a high server usage level. Please see our abuse terms for more information. Any Web Hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

Spamming 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 24-7-365hosting.com customers. Click here for more information on our Anti-Spam Policy. 24-7-365hosting.com reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

IRC 24-7-365hosting.com does not allow IRC or IRC bots to be operated by Web Hosting and Ecommerce customers.

Software Distribution & Gaming 24-7-365hosting.com accounts are not configured for the purposes of distributing software and/or multimedia products. Running any online gaming is prohibited due to intense CPU and memory usage.

Ownership of Web Site The legal owner of customers' Web sites and accounts with 24-7-365hosting.com will be the individual or organization whose name is listed in 24-7-365hosting.com database as the owner. Customers will fully cooperate with and abide by any and all of 24-7-365hosting.com security measures and procedures in the event of any dispute over ownership of customers' Web sites and accounts with 24-7-365hosting.com.

Illegal Use 24-7-365hosting.com 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.

Copyright Violations The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All 24-7-365hosting.com customers are subject to the requirements of the DMCA.

In the event that 24-7-365hosting.com must remove, or disable access to, material on your web site that is alleged to infringe another's copyright under the DMCA, you acknowledge and agree that 24-7-365hosting.com may do so by disabling access to your entire web site.

Child Pornography and Pornography The use of 24-7-365hosting.com services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. 24-7-365hosting.com 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.

Indemnification 24-7-365hosting.com customers agree to protect, defend, hold harmless, and indemnify 24-7-365hosting.com, any third party entity related to 24-7-365hosting.com (including, without limitation, third party vendors), and 24-7-365hosting.com executives, directors, officers, attorneys, managers, employees, owners, operators, consultants, contractors, agents, parent companies, subsidiaries, and affiliates, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of 24-7-365hosting.com services.

Disclaimer 24-7-365hosting.com services are 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. 24-7-365hosting.com expressly disclaims any representation or warranty that the 24-7-365hosting.com service will be error-free, secure or uninterrupted. No oral advice or written information given by 24-7-365hosting.com, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. 24-7-365hosting.com and its owners, operators, 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.

LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL 24-7-365HOSTING.COM (INCLUDING, WITHOUT LIMITATION, 24-7-365HOSTING.COM'S OWNERS, OPERATORS, EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING 24-7-365HOSTING.COM'S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR 24-7-365HOSTING.COM SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY 24-7-365HOSTING.COM SERVICES EVEN IF 24-7-365HOSTING.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 24-7-365HOSTING.COM'S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR 24-7-365HOSTING.COM'S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY 24-7-365HOSTING.COM OR 24-7-365HOSTING.COM'S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.

Modifications 24-7-365hosting.com may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with 24-7-365hosting.com services. Certain changes to 24-7-365hosting.com services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and 24-7-365hosting.com is not liable, for any and all such personalized applications and content, except as expressly agreed to by 24-7-365hosting.com.

Backup of Data Except where 24-7-365hosting.com has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and 24-7-365hosting.com is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with 24-7-365hosting.com services. 24-7-365hosting.com servers are also NOT to be used as a backup storage and is only intented for hosting web files.

Independent Contractors Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between 24-7-365hosting.com and its customers. Each of 24-7-365hosting.com and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

Construction and Interpretation Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU.

Complete Agreement and Exclusivity The TOU, and/or any other specific agreement for 24-7-365hosting.com services, constitutes the complete understanding and agreement between 24-7-365hosting.com and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of 24-7-365hosting.com, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for 24-7-365hosting.com services is between 24-7-365hosting.com and its customers only and will not confer any rights in any third party except as otherwise expressly provided by 24-7-365hosting.com.

Third Party Providers You agree that certain services may be provided by third party providers of 24-7-365hosting.com wheather associated or not associated to 24-7-365hosting.com and that your use of such services may be subject to further agreements, policies, terms, and conditions in addition to those contained or referenced in this Agreement.

Refusal of Service and cancellation 24-7-365hosting.com and/or it's owners and/or operators reserve the right to refuse, cancel or suspend service at our sole discretion and for any reason.