Acceptable Usage Policy
Sozo 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. Additionally, in purchasing Sozo services, all Sozo customers certify that they and/or the organization they represent in procuring services from Sozo are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a ‘suspected terrorist’ as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
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 Sozo’s customers. The term “spamming” also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a web site hosted on a Sozo server, and selling or distributing software (on a web site residing on a SoZo server) that facilitates spamming. Violators will be assessed a minimum fine of $200 and will face immediate suspension. Sozo reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
System and Network Abuse
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Viruses and Other Destructive Activities
Use of Sozo’s services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Sozo’s services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
The Digital Millennium Copyright Act (“DMCA”) sets forth the law regarding the use of copyrighted materials on the Internet. All Sozo customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a Sozo customer (per the DMCA) to Sozo must follow the below procedures. Copyright infringement notifications submitted to Sozo according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at Sozo’s sole discretion.
DMCA Copyright Infringement Notification Requirements:
a. Signature of the copyright owner or a person authorized to act on the copyright owner’s behalf (the “Claimant”).
b. Identification of the copyrighted work(s) claimed to have been infringed.
c. Identification of the material claimed to infringe the copyright(s), and enough information for SoZo to locate it including URLs and specific descriptions of the infringing material at each URL.
d. The Claimant’s name, address, and telephone number(s).
e. A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
f. A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
g. Mail the notification to:
Legal Dept. – DMCA Complaints
Sozo Hosting Inc.
1100 Peachtree Street Northeast, Suite 200
Atlanta, GA 30309-4503
The use of Sozo’s services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Sozo 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.
All payments are subject to Sozo’s Billing Policy. By supplying your credit/debit card for the payment of SoZo charges, you authorize Sozo to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit/debit card until such time that you cancel your account in accordance with Sozo’s Billing Policy.
Customers are required to use the Sozo network responsibly. This includes respecting other customers of Sozo. A customer must properly maintain their systems and websites to ensure they are running properly and not causing system corruption, spreading malware or viruses. Sozo reserves the right to suspend and/or cancel service with any customer who uses the Sozo network in such a way that adversely affects or could affect other Sozo customers. Sozo also reserves the right to terminate any customer that does not properly maintain their systems. Not properly maintaining a dedicated server could cause harm to a leased system or network. While Sozo may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Sozo does not monitor its customers’ communications or activities to determine whether they are in compliance with the TOU. However, when Sozo becomes aware of any violation of the TOU or other user agreements, Sozo may take any action to stop or correct such violation, including, but not limited to, denying access to Sozo’s services and equipment or to the Internet. In addition, Sozo may take action against a customer or a customer of such customer because of the activities of such customer. Sozo anticipates that customers who offer Internet services will cooperate with Sozo in any corrective or preventive action that Sozo deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Sozo policy and Sozo reserves the right to take any such action even though such action may affect other customers of the Sozo customer.
Custom backups are provided to customers willing to pay for this service. Backup services only include databases and dedicated servers. Sozo provides system recovery backups for all of its core shared systems in case of system failure. Sozo will do all they can to perform custom backups for clients however a backup is only as reliable as the data. If a client does not properly care for his system, website or data, a backup restore may fail due to the lack of data integrity. The customer is responsible for his data and system integrity and Sozo is not responsible for corrupt system data. In shared environments, it is the client’s responsibility to backup all of their data and email.
Customer acknowledges that from time to time Sozo Hosting may deem it necessary to limit or suspend the availability of Sozo services to perform routine and remedial maintenance to the network, hardware, software, or other related assets.
Actions Taken by Sozo
The failure by a customer to meet or follow any of the TOU is grounds for account deactivation. Sozo will be the sole arbiter as to what constitutes a violation of the TOU . Sozo reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When Sozo becomes aware of an alleged violation of its TOU , Sozo will initiate an investigation. During the investigation, Sozo may restrict a customer’s access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Sozo may, at its sole discretion, restrict, suspend, or terminate a customer’s web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Sozo will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. Sozo does not issue credits for outages incurred through service disablement resulting from TOU violations. Sozo customers agree to indemnify and hold harmless SoZo from any claims resulting from the use of our services that damages them or any other party. The Sozo service is 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. Sozo expressly disclaims any representation or warranty that the Sozo service will be error-free, secure or uninterrupted. No oral advice or written information given by Sozo, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Sozo and its 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. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Sozo.