Terms of Service (ToS)
IMPORTANT NOTICE: *All Payments To Particle Seven Are Non-Refundable,
Except In the Event of a Significant Alteration In Service*
Particle Seven ("The Company" or “P7”) agrees to furnish services
to the Subscriber, subject to the following TOS (Terms of Service).
Use of P7 Service constitutes acceptance and agreement to P7's AUP as well as P7's TOS (Terms
All provisions of this contract are subject to the TOS (Terms of Service)
of P7 and AUP (Acceptable
Use Policy). The AUP
may be changed from time to time at the discretion of the Company. Subscriber
understands that change to the AUP by the Company shall not be grounds
for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the
laws of the state of California, county of Santa Barbara applicable to contracts
enforceable in that state. Venue will be Santa Barbara, CA
Note: Pornography and sex-related merchandising are prohibited
on any Particle Seven server EXCEPT those on servers that have clearly
stated that such content is allowed upon signing up. This includes
sites that may infer sexual content, or links to adult content elsewhere.
This is also true for sites that promote any illegal activity or content
that may be damaging to Particle Seven servers or any other server
on the Internet. Links to such materials are also prohibited. All IRC
related activities are strictly prohibited and can be cause for immediate
The AUP specifically
prohibits the use of our service for illegal activities. Therefore,
Subscriber agrees that the Company may disclose any and all subscriber
information including assigned IP numbers, account history, account
use, etc. to any law enforcement agent who makes a written request without
further consent or notification to the Subscriber. In addition P7 shall
have the right to terminate all service set forth in this Agreement.
Service Rates: Subscriber
acknowledges that the nature of the service furnished and the initial
rates and charges have been communicated to Subscriber. Subscriber is
aware that the Company may prospectively change the specified rates and
charges from time to time. The promotional offer is contingent upon Company
achieving and maintaining its cost of service goals including but not
limited to rates charged to company by its suppliers.
Payment: Establishment of this service is
dependent upon receipt by the Company of payment of stated charges. Subsequent
payments are due on the anniversary date of the month for that month's
service. The above applies to all accounts and services provided by P7.
Payments and Fees:
Credit cards that are declined for any reason are subject to a $5.00
declination fee. Service will be interrupted on accounts that reach
10 days past due. Service interrupted for nonpayment is subject to a
$10.00 reconnect charge. Accounts not paid by due date are subject to
a $10.00 late fee. Accounts that are not collectable by P7 may be turned
over to an outside collection agency for collection. If your account
is turned over for collection, you agree to pay the company a "Processing
and Collection" Fee of not less than $20 nor more than $150. If
you desire to cancel your account, please follow the proper procedure
to do this as outlined in this TOS.
Refund and Disputes: All
payments to P7 are nonrefundable. This includes the one time setup fee
(if any) and subsequent charges regardless of usage. All overcharges
or billing disputes must be reported within 60 days of the time the dispute
occurred. If you dispute a charge to your credit card issuer that, in
P7's sole discretion is a valid charge under the provisions of the TOS
and/or AUP, you agree to pay P7 an "Administrative Fee" of
not less than $20 and not more than $150.
Failure to Pay: The
Company may temporarily deny service or terminate this Agreement upon
the failure of Subscriber to pay charges when due. Such termination or
denial will not relieve Subscriber of responsibility for the payment
of all accrued charges, plus reasonable interest and any collection fees.
Account Cancellation: Request
for termination of user accounts can be made through the P7 Customer
Control Panel. Termination requests received will take effect immediately,
that means you're not required to pay for web hosting plan fee for that
month, if termination request is received after the fee charged in that
month, which is not refundable, that means starting from following month
you'll not be charged for web hosting fee. Subscription fees for additional
services such as added space and bandwidth transfer will be charged for
the entire month regardless of whether the request for their termination
is received prior to the effecting of the said services.
that the service provided is of such a nature that service can be interrupted
for many reasons other than the negligence of the company and that damages
resulting from any interruption of service are difficult to ascertain.
Therefore, subscriber agrees that the company shall not be liable for
any damages arising from such causes beyond the direct and exclusive
control of the company. Subscriber further acknowledges that the company's
liability for its own negligence may not in any event exceed an amount
equivalent to charges payable by subscriber for services during the period
damages occurred. In no event shall the company be liable for any special
or consequential damages, loss or injury.
New Domains: Payment
made for domain registration will not be refundable in all cases, including
those that involve mistakes committed by any persons, P7 staff or not,
at any stage of the domain registration process. A confirmation e-mail
will be sent to registrants within 24 hours of the submission of the
domain name purchase order.
Transfer of Domains: New
webhosting accounts which involve the transfer of a domain from another
provider to P7 will require a minimum of seven (7) days to be set up
and entered into our DNS servers. In some cases, such transfers may take
up to sixty (60) days. Due to the unpredictable nature of the transfer
process, no guarantees are made regarding the amount of time a specific
transfer may take.
Support Boundaries: P7
provides 24 x 7 technical support to our subscribers (except for few
holidays and short company meetings). We
limit our technical support to our area of expertise. The following is
our guidelines when providing support: P7 provides support related to
your services or virtual site physical functioning. P7 does not offer
tech support for application specific issues such as cgi programming,
html or any other such issue. P7 does not provide technical support for
SPAM and Unsolicited
Commercial Email (UCE): P7 takes a zero tolerance approach to the sending of Unsolicited
Commercial Email (UCE) or SPAM over our network. Very simply this means
that customers of P7 may not use or permit others to use our network
to transact in UCE. Customers of P7 may not host, or permit hosting of,
sites or information that is advertised by UCE from other networks. Violations
of this policy carry severe penalties, including termination of service.
Violation of P7's
SPAM policy will result in severe penalties. Upon notification of an
alleged violation of our SPAM policy, P7 will initiate an immediate investigation
(within 48 hours of notification). During the investigation, P7 may restrict
customer access to the network to prevent further violations. If a customer
is found to be in violation of our SPAM policy, P7 may, at its sole discretion,
restrict, suspend or terminate customer's account. Further, P7 reserves
the right to pursue civil remedies for any costs associated with the
investigation of a substantiated policy violation. P7 will notify law
enforcement officials if the violation is believed to be a criminal offense.
First violations of
this policy will result in an "Administrative Fee" of $250
and your account will be reviewed for possible immediate termination.
A second violation will result in an "Administrative Fee" of
$500 and immediate termination of your account. Users who violate this
policy agree that in addition to these "Administrative" penalties,
they will pay "Research Fees" not to exceed $175 per hour that
P7 personnel must spend to investigate the matter. PLEASE, DO NOT SPAM
from your account.
BEGINNING IMMEDIATELY, anyone hosting websites or services
on their server that support spammers or cause any of our IP space
to be listed in any of the various Spam Databases will have their
services immediately disabled. The services will not be enabled until
such time that you agree to remove ANY and ALL traces
of the offending material immediately upon reconnection and agree
to allow us access to the account to confirm that all material has
been COMPLETELY removed. Severe violations may result in immediate
and permanent removal of the account from our network without notice
to the customer. Any account guilty of a second violation WILL be
immediately and permanently removed from our network without notice.
IP Address Ownership: If
P7 assigns Customer an Internet Protocol address for Customer's use,
the right to use that Internet Protocol address shall belong only to
P7, and Customer shall have no right to use that Internet Protocol address
except as permitted by P7 in its sole discretion in connection with the
Services, during the term of this Agreement. P7 shall maintain and control
ownership of all Internet Protocol numbers and addresses that may be
assigned to Customer by P7, and P7 reserves the right to change or remove
any and all such Internet Protocol numbers and addresses, in its sole
and absolute discretion.
IP Address Usage: Any
customer caught using an IP address that has not been assigned to them
agrees to pay a $25 fee. The domain caught using the offending IP address
can be disabled or deleted at the discretion of P7.
Bandwidth and Disk
agrees that bandwidth and disk usage shall not exceed the number of megabytes
per month for the Services ordered by Customer on the Order Form (the "Agreed
Usage"). P7 will monitor Customer's bandwidth and disk usage. P7
shall have the right to take corrective action if Customer's bandwidth
or disk usage exceeds the Agreed Usage. Such corrective action may include
the assessment of additional charges, disconnection or discontinuance
of any and all Services, or termination of this Agreement, which actions
may be taken is in P7's sole and absolute discretion. If P7 takes any
corrective action under this section, Customer shall not be entitled
to a refund of any fees paid in advance prior to such action. In the
event that a customer exceeds the included allocation, P7 may, at its
sole discretion, collect a deposit, in an amount determined by P7, against
customer's credit card on file with P7.
System and Network
are prohibited from violating or attempting to violate the security of
the P7 Network. Violations of system or network security may result in
civil or criminal liability. P7 will investigate occurrences, which may
involve such violations and may involve, and cooperate with, law enforcement
authorities in prosecuting Users who are involved in such violations.
These violations include, without limitation:
Accessing data not
intended for such User or logging into a server or account, which such
User is not authorized to access.
Attempting to probe,
scan or test the vulnerability of a system or network or to breach security
or authentication measures without proper authorization.
Attempting to interfere
with service to any user, host or network, including, without limitation,
via means of overloading, "flooding", "mail bombing" or "crashing".
Forging any TCP/IP
packet header or any part of the header information in any e-mail or
Taking any action
in order to obtain services to which such User is not entitled.
P7 is under no duty
to look at each customer's or user's activities to determine if a violation
of the AUP has occurred,
nor do we assume any responsibility through our AUP to monitor or police
Internet- related activities.
Any User, which P7 determines to have violated any element of this Acceptable Use Policy, shall receive
an email, warning them of the violation. The service may be subject
at P7's discretion to a temporary suspension pending a User's agreement
in writing, to refrain from any further violations.
Users that P7 determines to have committed a second violation of any
element of this Acceptable Use Policy shall be subject to immediate suspension
or termination of service without further notice.
Service or Cancellation: P7 reserves the right to suspend network access to any customer if in
the judgment of the P7 network administrators the customer's account
is the source or target of the violation of any of the other terms of
the AUP or for any other reason which
P7 chooses. If inappropriate activity is detected, all accounts of the
Customer in question will be deactivated until an investigation is complete.
Prior notification to the Customer is not assured. In extreme cases,
law enforcement will be contacted regarding the activity. The customer
will not be credited for the time the customer's account was suspended.
The customer will also not be credited for any fees if their account
has been terminated.
P7 reserves the right
to amend its policies at any time. All resellers of P7 must adhere to
the above policies. Failure to follow any term or condition will be grounds
for immediate Cancellation. You will be held responsible for the actions
of your clients in the matter described on these Terms and conditions.
Indemnification: P7 wishes to emphasize that in agreeing
to the P7 Acceptable
Use Policy (AUP) and Terms of Service (ToS), customer indemnifies
P7 for any violation of the Acceptable
Use Policy (AUP) and Terms of Service (ToS) that results in loss
to P7 or the bringing of any claim against P7 by any third-party. This
means that if P7 is sued because of a customer's or a customer of a
customer's activity, the customer will pay any damages awarded against
P7, plus all costs and attorney's fees.
Miscellaneous Provisions: You
must provide us with, and keep current, good contact information for
you. E-mail, telephone and fax contacts are used, in that order of preference.
A waiver by the Company
of any breach of any provision of this Agreement by Subscriber shall
not operate as or be construed as a continuing or subsequent waiver thereof
or as a waiver of any breach of any other provision thereof.
Subscriber shall not
transfer or assign this Agreement without the prior written consent of
the Company. Company may assign Agreement at anytime without consent
from or notice to Subscriber. Company reserves right to cancel customers
rights under this contract at anytime without further obligation.
P7 takes no responsibility
for any material input by others and not posted to the P7 Network by
P7. P7 is not responsible for the content of any other websites linked
to the P7 Network; links are provided as Internet navigation tools only.
P7 disclaims any responsibility for any such inappropriate use and any
liability to any person or party for any other person or party's violation
of this policy.
P7 is not responsible
for any damages your business may suffer. P7 does not make implied or
written warranties for any of our services. P7 denies any warranty or
merchantability for a specific purpose. This includes loss of data resulting
from delays, non-deliveries, wrong delivery, and any and all service
interruptions including equipment failure.
Responsibility for Content: You, as P7's customer, are solely
responsible for the content stored on and served by your account.