Legal Agreements

8. Ownership

Except as otherwise set forth herein, all right, title and interest in and to all, (i) registered and unregistered trademarks, service marks and logos; (ii) patents, patent applications, and patentable ideas, inventions, and/or improvements; (iii) trade secrets, proprietary information, and know-how; (iv) all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired; (v) registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, software and (vi) all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Services identified herein (“IP rights”) are owned by 7x or its third party partners, and you agree to make no claim of interest in or ownership of any such IP rights. You acknowledge that no title to the IP rights is transferred to you, and that You do not obtain any rights, express or implied, in the Services, other than the rights expressly granted in this Agreement. To the extent that you create any Derivative Work (any work that is based upon one or more preexisting versions of a work provided to you, such as an enhancement or modification, revision, translation, abridgement, condensation, expansion, collection, compilation or any other form in which such preexisting works may be recast, transformed or adapted) such Derivative Work shall be owned by 7x and all right, title and interest in and to each such Derivative Work shall automatically vest in 7x. 7x shall have no obligation to grant You any right in any such Derivative Work.

9. Non-Exclusive Right To Use

If You have purchased and/or been given permission to use software from 7x, 7x grants You a limited, non-exclusive, nontransferable and non-assignable right and ability to use the software for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two or more computers at one time. You agree to not alter or modify the software. You agree You are not authorized to combine the software with any other software program, create derivative works based upon the software, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code. 7x reserves all rights to the software. The software and any copies You are authorized to make are the intellectual property of 7x. The source code and its organization are the exclusive property of 7x and the software is protected by copyright law. Except as expressly provided for in this section, this Agreement does not grant You any rights in the software and all rights are reserved by 7x.

Any such software and Services are provided to You "as is" without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.

10. Third-Party Software

7x provides some third-party software to You for easier account management including, but is not limited to cPanel, etc. Such software is provided on an "as is" as available basis. We do not guarantee that any specific results can be obtained by using such software. 7x does not take responsibility for any faults in such software functioning.

By using 7x Services that include such third-party software, you specifically agree to the relevant third-party terms of service and that You shall use the services in accordance with such terms. The following are examples of where you attest that You agree to third-party software terms. The examples are not exhaustive. If You order cPanel to use for Your hosting services, Your order constitutes explicit agreement with cPanel’s terms and You authorize 7x to agree to such terms on Your behalf. The terms of service for cPanel may be found here. If You purchase Microsoft Windows for a dedicated server and request that 7x manually assist You with installation of this product, Your request constitutes explicit agreement with Microsoft Windows’ terms of service and You authorize 7x to agree to such terms on Your behalf. Microsoft Windows’ terms of service may be found here. Your failure to abide by any third-party license may result in the immediate termination of Your Services by 7x.

You can add and use third-party software on Your account only if it is compatible with Our servers and is approved by 7x. Your use of any third party software is at Your own risk. 7x does not control and therefore cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. 7x will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products. 7x reserves the right, at its sole discretion, to terminate, suspend, cancel or alter Your access to third-party software at any time.

You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup.

11. Third-Party Content

If You elect to sell or resell advertising or web space to a third party then You will be responsible for the contents of that advertising and the actions of that third party. 7x has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current 7x policy or agreement. Such content may result in the suspension or in the immediate termination of Your account. You are responsible for monitoring all service renewals and orders. In the event that an error occurs the account holder must notify 7x immediately of the error. In no event shall 7x be liable to the Account Holder for any damages resulting from or related to any failure or delay of domain registration, transfer or renewal.

12. Acceptable Use Policy (AUP)

12.1 Prohibited Content

The following are strictly prohibited:

• Illegal content (e.g., copyrighted materials without permission, child pornography).
• Hacking, phishing, and malware.

12.2 Network and Resource Abuse

Activities like DDoS attacks, overloading servers, or disrupting other users are prohibited.

12.3 Spam and Email Usage

Do not use our services for spamming or sending bulk emails without consent.

12.4 Intellectual Property

You must respect copyright, trademark, and intellectual property laws.

13. Service Level Agreement (SLA)

13.1 Uptime Guarantee

We guarantee 99.9% uptime. If we fail to meet this standard, you may request service credits.

13.2 Support Response Times

We strive to respond to support requests within 24 hours.

13.3 Maintenance Schedules

Planned maintenance will be announced at least 48 hours in advance.

13.4 Service Credits

If we fail to meet uptime guarantees, you may receive a credit equivalent to one day's service fee for each hour of downtime beyond the SLA.

14. Changes to the Agreement

We may update this Agreement at any time. Changes will be effective immediately upon posting to our website. Continued use of our services constitutes acceptance of the updated terms.

15. Governing Law

This Agreement shall be governed by the laws of the State of Washington, USA, without regard to its conflict of law principles.

16. Billing and Payment

All fees for the Services shall be in accordance with 7x 's fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the times provided therein. Fees for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such renewal period. 7x may impose a debt service charge equal to one and one-half percent (1.5%) of the overdue balance for each month or fraction thereof the overdue amount remains unpaid. In addition, in the event that any amount due 7x remains unpaid on the date when services expire, 7x may immediately terminate this agreement, and/or withhold or suspend Services. At its sole discretion, 7x may, but is not obligated to, provide a grace period of seven (7) days after such payment is due for shared hosting packages and three (3) days for VPS and dedicated servers. There will be a $15.00 fee to reinstate accounts that have been suspended or terminated. All taxes, fees and governmental charges relating to the Services provided hereunder shall be paid by You.

If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchased the products or Services. If You signed up for an monthly (or longer like annual) payment plan, you elected the automatic renewal option, 7x will automatically renew Your Services when they come up for renewal and will take payment in accordance with the designated payment method at 7x 's then current rates. To disable the automatic renewal you must terminate your product services. This will disable automatic renewal.

If you improperly charge back for web hosting services rendered, we may disable the ability to transfer any other your 7x services away from 7x.

17. Termination & Cancellation Policy

The initial term of Your agreement with 7xshall be as set forth in Your Order Form. The Initial Term shall begin upon commencement of the Services in the Order Form. After the Initial Term, your agreement with 7x shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or cancelled by either party as provided in this section

This agreement may be terminated: (i) by You by submitting a helpdesk ticket

under Billing Issues category at least three (3) working days before the account is due to renew; or (ii) by 7x at any time, without prior notice, if, in 7x 's judgment, You are in violation of any terms or conditions herein; or (iii) in 7x 's sole judgment, Your use of the Services places or is likely to place unreasonable demands upon 7x or could disrupt 7x 's business operations; or (iv) by 7x if it so determines that You are or are alleged to be violating the terms and conditions of any other agreement entered into by You and either 7x or 7x.

You may receive a refund if i) Your Stellar, Stellar Plus, Stellar Business, Nebula, Galaxy Expert, Universe Pro VPS Pulsar, VPS Quasar, or VPS Magnetar account is cancelled within the initial 30 days after sign-up. Only first-time Stellar, Stellar Plus, Stellar Business, Nebula, Galaxy Expert, Universe Pro VPS Pulsar, VPS Quasar or VPS Magnetar accounts are eligible for the 30-day money-back guarantee. If the account holder cancels after the time period specified, there will be no refund given. Refunds do NOT apply to dedicated IP addresses, SSL certificates, renewals, any third party product (WHMCS, cPanel, Softaculous, etc.) that are not included into the package and are purchased at additional fee, domain registration related fees; (iii) Your Dedicated Clearance Server or Dedicated New Server account is cancelled within the initial 7 days after sign-up. Only first-time Dedicated Server accounts are eligible for the 7-day money-back guarantee. If the account holder cancels after the time period specified, there will be no refund given. Refunds do NOT apply to dedicated IP addresses, SSL certificates, renewals, any third party product (WHMCS, cPanel, Softaculous, etc.) that are not included into the package and are purchased at additional fee, domain registration related fees.

In the event of termination of this Agreement caused by your default hereunder, you shall bear all costs of termination, including any reasonable costs 7x incurs in closing your account. You agree to pay any and all costs incurred by 7x in enforcing your compliance with this Section. Upon termination, you shall destroy any copy of the materials provided to you hereunder and referenced herein. You agree that upon termination or discontinuance for any reason, 7x may delete all information related to you on the Services.

18. Customer Support

7x provides customer support to You at no additional fee for issues related to 7x service only. 7x has the right to decide what is a service related issue and to charge additional fees or refuse support for non-service related issues. Any fees paid by You for providing non-service related support are non-refundable.

You must provide 7x with all information and access to facilities that 7x may reasonably require to provide the requested customer support.

You are solely liable for performing and storing a back-up copy of your data, files and hosting account prior to requesting customer support and agreeing to any interference or operation, provided by 7x. In the event You are not satisfied with the outcome of any action You shall be solely responsible for restoring the back-up copies of Your data. You should not abuse the HelpDesk system. Abuse of the HelpDesk system includes, but is not limited to, excessive number of Live Chats and Tickets opened by a single Customer, aggressive and/or harassing behavior, repetitive use of inappropriate categories for opening Live Chats, posting Tickets, etc. Any abuse of the HelpDesk system may result in warning, HelpDesk access restrictions, account suspension or possible account termination with no refund. 7x has the sole right to decide what constitutes abuse of the HelpDesk system.

In the event You require server support from us for Your VPS or Dedicated server with User-Responsible or Basic types of Server Management, 7x reserves a right to decide whether or not to provide server support, based on the results of preliminary server check. Should 7x decide, in its sole discretion, to provide support, this service will be provided at an additional cost according to the pricing indicated on the New Servers Page Server Management Section.

In order to fulfill the server uptime commitments for VPS and Dedicated servers with Complete Management, 7x reserves the right to remove the system logs and files in the Trash folder when the server reaches the disk space limit.

19. Legal Purposes

The web hosting and reseller hosting account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. The intent of 7x is to provide space to serve web documents, not as an off-site storage area for electronic files and is governed by the AUP. Violations of the AUP or any other provisions of this Agreement may result in termination of the Services provided by 7x, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of 7x based upon the severity of the violation. 7x reserves the right to refuse Service if any of the content within, or any links from, the Your website is deemed illegal, misleading, or obscene, or is otherwise in breach of 7x 's AUP, in the sole and absolute opinion of 7x. You agree that 7x shall not be liable to you for loss or damages that may result from its refusal to host your website or provided the Services under this Agreement.

20. Account Use

You agree to follow generally accepted rules of "Netiquette" when sending e-mail messages or posting to newsgroups. You are responsible for security of Your password. 7x will not change passwords to any account without proof of identification, which is satisfactory to 7x, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes You, You understand that 7x will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will 7x be liable for any losses incurred by You during this time of determination of ownership, or otherwise. You agree to defend (through counsel of Our choosing), indemnify and hold harmless 7x from any and all claims arising from such ownership disputes. If you are required to supply or transmit sensitive information to 7x you should take all due precautions to provide any sensitive information over a secure communication channel.

21. Currency

While all purchases are processed in US dollars, 7x may provide an estimated conversion price to currencies other than US dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimate. Due to potential slight time delays between actual purchase and the payment settlement, the actual price charged may fluctuate. Accordingly, 7x makes no representations or warranties that the actual price will be the same or substantially similar to the actual price You will pay and You waive any and all claims based upon any discrepancy between the estimate and the actual price. In addition, You may be charged VAT, based on the country indicated in Your billing address section. Any amounts to be charged will appear during the checkout process.

22. Limitation of Liability; Waiver and Release

The Services offered by 7x are being provided on an "AS IS" and 7x expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose and non-infringment, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, 7x expressly does not warrant that the 7x Services will meet Your requirements, function as intended, or that the use of the provided Services will be uninterrupted or error free. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you from 7x shall create any warranty not expressly made herein. You agree that 7x will not be liable for any (i) suspension or loss of the Services, except to the limited extent that a remedy is provided under this Agreement; (ii) interruption of business; (iii) access delays or access interruptions to the website(s) provided through or by the Services; (iv) loss or liability resulting from acts of god; (v) data non-delivery, mis-delivery, corruption, destruction or other modification; (vi) events beyond the control of 7x; (vii) the processing of Your application for Services; or (viii) loss or liability resulting from the unauthorized use or misuse of Your account identifier or password.

23. Indemnification

Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge 7x and all affiliates of 7x, and all officers, agents, employees, and representatives of 7x, and all of their heirs, personal representatives, predecessors, successors and assigns, for, from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages and liabilities of every kind and character whatsoever, including, but not limited to, any action omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the Services and Your acquisition and use thereof, including, but not limited to, the provision of the 7x products and/or services by 7x and its agents and employees. Further, You agree to defend, indemnify and hold harmless 7x and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of (i) any breach of any representation or warranty provided in this Agreement, or as provided by 7x’s AUP or any other agreement that has been incorporated by reference herein; (ii) the Services or your use of the Services, including without limitation infringement or dilution by You or by another using the Services from Your computer; (iii) any intellectual property or other proprietary right of any person or entity; (iv) any information or data You supplied to 7x, including, without limitation, any misrepresentation in Your application, if applicable; (v) the inclusion of metatags or other elements in any website created for you or by you via the Services; (vi) any information, material, or services available on your 7x Hosted website; or (vii), any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets.

This indemnification is in addition to any indemnification required of You elsewhere. Should 7x be notified of a pending law suit, or receive notice of the filing of a law suit, 7x may seek a written confirmation from You concerning Your obligation to defend, indemnify 7x. Such written confirmation may include the posting of performance bonds or other guarantees. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that 7x shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify 7x of any such claim promptly in writing and to allow 7x to control the proceedings. You agree to cooperate fully with 7x during such proceedings. The terms of this section will survive any termination or cancellation of this Agreement.

24. Trademark or Copyright Claims

7x is a service provider and respects the copyrights and other intellectual property rights of others [and herein incorporates its Copyright Infringement Policy]. To the extent 7x receives a proper notice of infringement of copyright, trademark or other intellectual property, 7x reserves the right to access, preserve and disclose to third parties any of Your information or data (including personally identifiable information and private communications) related to a written complaint of infringement if 7x believes in its sole discretion that such access, preservation, or disclosure is necessary or useful to respond to or otherwise address such complaint.

7x expressly reserves the right to terminate in appropriate circumstances an account or the access rights of a subscriber for repeated copyright infringement. 7x also reserve the right to terminate an account or subscriber for even one instance of infringement.

Proper notice of infringement shall include the following information in writing to 7x’s designated agent:

25. Additional Reservation of Rights

7x expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any account or any Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by 7x in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by 7x in offering or delivering any Services (including any domain name registration); (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry; (iii) to assist with our fraud and abuse detection and prevention efforts; (iv) to comply with applicable local, state, national and international laws, rules and regulations; (v) to comply with requests of law enforcement, including subpoena requests; (vi) to comply with any dispute resolution process; (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of 7x, its officers, directors, employees and agents, as well as 7x’s affiliates.

n the event that 7x need exercise any of its rights expressed herein to investigate any potential breach or violation of the terms and conditions of this Agreement, service fees may continue to accrue on your accounts, and you will continue to remain responsible for the payment of any service fees that accrue during the relevant period.

26. Governing Law and Jurisdiction for Disputes

Except as otherwise set forth in the UDRP or any similar policy with respect to any dispute regarding the Services provided under this Agreement, Your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Arizona. You agree that any action to enforce this agreement or any matter relating to Your use of the Services must be brought exclusively in the United States District Court of Arizona, or if there is no jurisdiction in such court, then in a state court in Maricopa County, State of Arizona.

27.1 Governing Law

This Agreement shall be governed by the laws of the State of Washington, USA, without regard to its conflict of law principle.

28. Notices

You agree that any notices required to be given under this Agreement by Us to You will be deemed to have been given if delivered in accordance with the account and/or domain name Whois information You have provided. You acknowledge that it is Your responsibility to maintain current contact information in the account and/or domain name Whois information You have provided.

29. Legal Age

You attest that you are of legal age (18 or over) to enter into this Agreement.

30. Final Agreement

This Agreement, together with all modifications, constitutes the complete and exclusive agreement between You and Us, and supersede and govern all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by You except by means of a written document signed by both You and an authorized representative of Us. By applying for 7x’s services through the online application process or otherwise, or by using the Services under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated by reference.

31. No Agency Relationship

Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.

32. Enforceability

In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

33. Assignment and Resale

Except as otherwise set forth herein, Your rights under this Agreement are not assignable or transferable. Any attempt by Your creditors to obtain an interest in Your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at Our option. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any of the Services (or portion thereof) without 7x's prior express written consent.

34. Force Majeure

Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over 7x, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, 7x may immediately terminate this Agreement.

35. Headings

If you have any questions, contact us:

• Email: info@se7enx.com
• Phone: +1 206-437-6410