Terms of Service for Media7
Last updated: 8/15/24
1. Acceptance of Terms
By accessing or using the services provided by Media7 (“Company,” “we,” “us,” or “our”), you agree to comply with and be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, please do not use our services.
2. Description of Services
We provide web hosting and related services, including but not limited to domain registration, website hosting, email hosting, and technical support.
3. User Accounts
3.1. You must create an account to use our services. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.
3.2. You must provide accurate, current, and complete information during the registration process and keep your account information updated.
3.3. We reserve the right to suspend or terminate your account if any information provided is inaccurate, false, or outdated.
4. User Responsibilities
4.1. You agree to use our services only for lawful purposes and in accordance with these Terms.
4.2. You are responsible for all content uploaded, posted, or stored through your use of our services. You are responsible for the security of your applications and software used in terms of industry best practices, access control, and any other method of securing data that you or third parties associated with you upload and/or access.
4.3. You agree not to use our services to:
- Violate any applicable laws or regulations
- Infringe on the intellectual property rights of others
- Transmit any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
- Distribute malware, viruses, or any other malicious code
- Interfere with or disrupt our services or servers
5. Host’s Right to Access Data and Applications
5.1. Security and Maintenance: You acknowledge and agree that Media7 reserves the right to access, view, and analyze data and applications hosted on our servers (and to allow subcontractors to do so) for the purposes of:
- a) Ensuring the security and integrity of our systems
- b) Protecting other clients and tenants from potential security threats
- c) Investigating and preventing unauthorized or illegal activities
- d) Responding to potential threats or technical issues that could affect our services
- e) Performing necessary maintenance and upgrades to our systems
5.2. Limited Use: We will limit such access and analysis to what is reasonably necessary to achieve the purposes outlined above. Any information obtained during such access will be used solely for these purposes and will not be disclosed to third parties unless required by law or with your explicit consent.
5.3. Confidentiality: We commit to maintaining the confidentiality of your data and will not use any accessed information for purposes other than those specified in this section.
5.4. Notification: Where possible and permitted by law, we will notify you of any access to your data or applications that falls outside of routine automated security scans and maintenance operations.
5.5. Cooperation: You agree to cooperate with Media7 in any security investigations and to take reasonable steps to remediate any identified security issues in your hosted content or applications.
6. Payment and Billing
6.1. You agree to pay all fees associated with the services you select.
6.2. All fees are non-refundable unless otherwise stated.
6.3. We reserve the right to change our fees upon notice. Your continued use of our services after such notice constitutes your acceptance of the new fees.
7. Prohibited Usage
7.1. You agree not to use our services for any unlawful, harmful, or prohibited activities. Prohibited uses include, but are not limited to:
- a) Hosting, distributing, or linking to content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of privacy, or otherwise objectionable.
- b) Engaging in any activity that interferes with or disrupts our services or networks.
- c) Attempting to gain unauthorized access to any part of our services, other accounts, computer systems, or networks.
- d) Hosting, distributing, or promoting malware, viruses, or other malicious code.
- e) Engaging in fraudulent activities or misrepresenting yourself or your affiliation with any person or entity.
- f) Violating any applicable local, state, national, or international law or regulation.
- g) Infringing upon or violating the intellectual property rights or any other rights of others.
- h) Using our services to send unsolicited email, including bulk email or spam.
- i) Hosting any content or engaging in any activity that places an unreasonable or disproportionately large load on our infrastructure.
7.2. We reserve the right to determine, in our sole discretion, whether any usage violates these prohibitions. Violation of any of these prohibitions may result in immediate termination of your services and forfeiture of any prepaid fees.
8. Billing and Nonpayment
8.1. Billing Cycle: You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.
8.2. Payment Method: You must provide current, complete, and accurate billing and credit card information. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with your account.
8.3. Late Payments: If payment is not received by the due date, a late payment fee may be added to your charges. All fees incurred are payable on demand. We may suspend or terminate your service if timely payment is not made.
8.4. Nonpayment: In the event of nonpayment, we reserve the right to:
- a) Suspend or terminate your access to our services
- b) Remove or delete any content you have on our servers
- c) Attempt to collect on any outstanding balance
- d) Charge you for any costs we incur in our attempts to collect the outstanding balance, including but not limited to reasonable attorneys’ fees and other legal fees and costs
8.5. Reinstatement Fee: A reinstatement fee may be charged to reactivate suspended services due to nonpayment.
9. Right to Terminate Service
9.1. We reserve the right to suspend or terminate your access to our services at any time, with or without cause, and with or without notice. Such termination may result in the deactivation or deletion of your account and the forfeiture and relinquishment of all content in your account.
9.2. Reasons for termination may include, but are not limited to:
- a) Violation of these Terms of Service
- b) Nonpayment of fees
- c) Engaging in prohibited activities
- d) Upon request by law enforcement or government agencies
- e) Extended periods of inactivity
- f) Unexpected technical or security issues
- g) Participation by you in fraudulent or illegal activities
9.3. We shall not be liable to you or any third party for any termination of your access to our services.
9.4. Upon termination, all provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
10. Intellectual Property
10.1. You retain all ownership rights to the content you upload to our servers.
10.2. By uploading content, you grant us a worldwide, royalty-free license to use, reproduce, and distribute your content solely for the purpose of providing our services to you.
11. Disclaimer of Warranties
11.1. Our services are provided “as is” and “as available” without any warranties of any kind, either express or implied.
11.2. We do not warrant that our services will be uninterrupted, timely, secure, or error-free.
12. Limitation of Liability
To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:
- Your use or inability to use our services
- Any unauthorized access to or use of our servers and/or any personal information stored therein
- Any interruption or cessation of transmission to or from our services
- Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our services
13. Indemnification
You agree to indemnify, defend, and hold harmless Media7 and its officers, directors, employees, subcontractors, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of our services.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Alaska, without regard to its conflict of law provisions.
15. Changes to These Terms
We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on our website. Your continued use of our services after any such changes constitutes your acceptance of the new Terms.
16. Contact Us
If you have any questions about these Terms, please contact us at:
Media7 – [email protected]