A. Domain Registrations
B. Sozo Web Hosting & E-commerce Customers
C. Sozo Dedicated Server Customers
D. Other Terms
A. Domain Registrations
When a Client’s request a new domain (subject to Sozo Hosting Inc.’s terms below and Acceptable Use Policy), Sozo Hosting will register an Internet domain name, or renew the Client’s registration of an existing domain name, on behalf of the Client’s with a Domain registrar that Sozo Hosting Inc. does business with (shown below as the "Registrar").
A Client’s registration or renewal of any domain name is subject to the following: a) Sozo Hosting Inc. receiving from the Client all the information needed from for the registration, b) the domain name cannot be in violation of any applicable law, rule or regulation or the policies of the applicable Registrar or registry, and c) Client's compliance with these Domain Terms on this web site. Purchasing a new domain name (Called Domain Registration) is subject to the availability of such domain name for registration. Sozo Hosting Inc. is not responsible if a domain name is not available for any reason. Sozo Hosting Inc. will also not be responsible for any infringement of third-party rights caused by its registration of a domain name for a Client. The Client waives any claims it may have against Sozo Hosting Inc. and releases Sozo Hosting Inc. from, any loss, damage, liability or expense arising out of, or relating to, the registration of a domain in the Sozo Hosting control panel or on http://www.sozodomains.com or on https://solutions.sozohosting.com
It is the Client’s responsibility to have updated their email id in their domain contract information to get domain renewal notices as well as performing the renewal before the domain expires. Sozo Hosting Inc. will have no responsibility or liability for any loss, interruption in service, service error or loss of data caused by the Registrar.
ICANN and Other Authority
The Client acknowledges that its rights to any domain name registered or renewed by Sozo Hosting Inc. are not being granted by Sozo Hosting Inc. but are subject to the rules and regulations of ICANN, the Registrar, the registry and applicable laws. The Client's inability to use a domain shall not entitle the Client to get a refund by Sozo Hosting Inc. for any fees paid with respect to the registration of such unusable domain.
Renewal and Expiration
The Client agrees that Sozo Hosting Inc. has no obligation to notify Client of any impending domain expiration dates and that the Client is wholly responsible for such domain expiry deadlines. When the client allows its domain to expire, the domain, 3 weeks after expiry date, is out of Sozo Hosting Inc.’s control and therefore can be purchased by anyone in the world who may then put their web site content on that domain. Sozo Hosting charges an additional $10 to renew an expired domain during the 3 weeks after expiry date which is when Sozo Hosting still has a chance to renew it for the client.
The Client agrees to keep its domain registrar information accurate and up-to-date on each domain it registers with Sozo Hosting Inc. The address of the domain information must match the current address of the domain owner. The Client must update the e-mail address for the Administrative Contact to be the same as the Client's e-mail address maintained in Client’s billing records. If the e-mail address for the Administrative Contact is not the same as the Client's e-mail address maintained in Client’s billing records, Sozo Hosting Inc. may (but will have no duty to) change the e-mail address for the Administrative Contact in the domain records of the registrar.
B. Sozo Web Hosting & E-commerce Customers
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 either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. Sozo shall be the sole arbiter of what is considered to be a high server usage level. Any Web Hosting and E-Commerce account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
Also please know that Sozo reserves the right to change any of their policies or services offered as needed to accommodate server resources or needed offerings. Also Sozo reserves the right to dismiss a client at any time if needed to accommodate these changes of services or policies. This may be necessary upon software changes, software bugs or network changes.
Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. Sozo does not permit CGI sharing of scripts with domains not hosted by Sozo or any scripts that may be abused for UCE purposes.
Sozo does not allow Web Hosting and E-Commerce customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. However, for a small charge, Sozo provides Java chat rooms that meet most users' needs and run without hindering system performance.
Background Running Programs and Cron Jobs
Sozo may allow programs to run in the background. These programs will be considered on an individual basis and Web Hosting and E-Commerce customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact Sozo at email@example.com so that we can arrange set-up.
Sozo does not allow IRC or IRC bots to be operated by Web Hosting and E-Commerce customers.
Sozo's Web Hosting and E-Commerce accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact firstname.lastname@example.org to make special arrangements.
Multimedia files are defined as any graphics, audio, and video files. Sozo Web Hosting and E-Commerce accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any web site whose disk space usage for storing multimedia files exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files.
Any database stored on Sozo's Web Hosting and E-Commerce servers shall be limited to the database size allotted for that particular domain's plan/web hosting account.
Pornography and sex-related merchandising are strictly prohibited . This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.
Hate / Discrimination
Sozo Hosting does not permit websites that promote hate, discrimination or violence toward a group based on race, religion or national origin.
C. Sozo Dedicated Server Cloud Server and Cloud Desktop Application Customers
Customer Security Responsibilities
The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer's server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer's server and any other requirement affected by the security breach.
Sozo allows Dedicated Server customers the use of IRC inside the Sozo network as long as the use of IRC on a Sozo server does not violate any of the other terms of these TOU. As a policy, Sozo will not provide vanity IRC reverse DNS records. To enforce this policy Sozo does not turn the reverse address of IPs over to the customer. Authority over this information remains with Sozo.
Billing for Network Resources
The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer's server to the Internet. The customer may request that the customer's server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.
Migrations are not included in the hosting fees since they do not apply to all clients. In a case where the customer has verbally or by email, asked Sozo Hosting to assist them in some migration effort, Customer will be billed at the Sozo Hosting Professional Rate of $125/hour unless otherwise specified in a specific email or contract signed by Sozo Hosting.
D. Other Terms
State of Georgia Law Is the Overruling Law if other State Laws in Effect
Where applicable when more that one state law applies in a contract between Sozo Hosting and a Customer, the Federal Law and the State of Georgia Law Is the Overruling Law that overrules if other State Laws are also in Effect in a situation.
Termination of Delinquent Client Accounts
Customer accounts become delinquent if payment is more than 30 days late. Sozo Hosting has the right to terminate all Sozo Hosting services for Customer accounts that have become delinquent. If customer has 1 service with Sozo Hosting that has a payment over 30 days late, and another service with Sozo Hosting, that is over 10 days late, both or all services have been delinquent and, therefore, Sozo Hosting has the right to terminate all of the delinquent Customer's services.
Early Termination Fee On Yearly Contracts
Customer can exit the yearly contract before it expires by paying Sozo Hosting 3 months of the current monthly rate they are being charged for Sozo Hosting services.
Customer shall defend, indemnify and hold harmless Sozo Hosting, its affiliates and their respective present, former and future officers, directors, employees and agents, and their respective heirs, legal representatives, successors and assigns (collectively the “Sozo Indemnitees”), from and against any and all losses, damages, costs, liabilities and expenses (including, without limitation, amounts paid in settlement and reasonable attorneys’ fees) which any of the Sozo Indemnitees may suffer, incur or sustain resulting from or arising out of (i) Customer’s breach of any representation, warranty, or covenant contained in the Agreement, (ii) the Customer Content, the Customer Web site or any End User’s use of the Customer Content or the Customer Web site, (iii) violation by Customer or any of its officers, directors, employees or agents of the Acceptable Use Policy or any applicable law, (iv) claims or actions of third parties alleging misappropriation of trade secrets or infringement of patents, copyrights, trademarks or other intellectual property rights arising from the use, display or publication of Customer’s domain names, the Customer Web site, the Customer Content, or the use of the Services in combination with hardware, software or content not provided by Sozo, (v) claims or actions by third parties relating to or arising out of Customer’s use of the Services, and (vi) any failure of the Customer Content or any aspect of the Customer Web site to be compatible with the hardware or software used by Sozo to provide the Services, including any damage to Sozo’s servers or other hardware caused thereby.