D9 Hosting Terms Of Service
By submitting the online order form, or by using D9 Hosting's service, the Customer hereby agrees to D9 Hosting’s Terms of Service (TOS), Acceptable Use Policy (AUP), No Spam Policy (NSP), and Privacy Policy.
Unless otherwise specified, in this TOS, the AUP, the NSP, and the Privacy Policy, the usage of “us”, “we”, “our”, and “ours” shall refer to D9 Hosting and all its parents, subsidiaries, successors, and assigns. The usage of “you”, “your”, “they”, and “them” shall refer to the Customer of D9 Hosting.
The Customer agrees that it shall comply with this TOS, D9 Hosting’s Acceptable Use Policy (AUP), and D9 Hosting’s No-Spam Policy (NSP). The Customer further agrees that it has read D9 Hosting’s Privacy Policy and agrees to all the terms and conditions in the Privacy Policy. In this document, the word “Agreement,” with a capital “A,” refers to the TOS, the AUP, the NSP, and the Privacy Policy collectively.
1. General Terms
In consideration of hosting services to be delivered, the Customer agrees to be bound by the following terms and conditions:
1.1. The Customer agrees to pay, in advance of each monthly service term, for hosting services to be rendered.
1.2. The Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes that may require the Customer to order D9 Hosting's service for a certain minimum period of time.
1.3. The Customer agrees to a no-refund policy in advance. Setup fees and monthly web hosting service fees are non-refundable.
1.4. Non-Payment of services shall result in a 5-day notice of disconnection. All payment failures must be cured within 5 business days from invoice due date or account will be suspended. Account termination will result from invoices overdue for 30 days.
1.5. D9 Hosting is not and shall not be responsible for data integrity for any accounts that are terminated, disconnected, or interrupted because of the Customer’s failure to pay for D9 Hosting's services.
1.6. Customers agree to pay all taxes applicable to your account.
2. Agreement for Services.
2.1. D9 Hosting will provide, and the Customer will purchase and pay for, the Web hosting services (the “Services”), according to the service fees specified in the Order for the applicable Service Description. The Customer acknowledges that the service, and service fees have been communicated to the Customer, and that the Customer is aware of all applicable charges as per the Agreement. The Customer also understands that no promotional offers will apply to their individual service unless said promotional offers are specified in this Agreement.
3. Payment.
3.1. Establishment and provision of service is contingent upon receipt of payment from The Customer to D9 Hosting.
3.1.1. The Customer must pay in full for the Services before D9 Hosting begins to provide the Services to the Customer. Invoices are generated 5 days before renewal and the customer agrees that if paying by credit card, recurring billing will be billed and charged automatically on the date the invoice is generated and that D9 Hosting may apply the amount due at any time to the credit card listed on file.
3.1.2. Setup fees will be charged and are due at the time of the the Customer’s initial request of the Services requiring setup.
3.2. Payment is due on the defined monthly recurring billing date of each month. All returned checks will be charged a $20.00 service fee. Service will be interrupted on accounts that reach 5 days past due. Accounts that are not collectable by D9 Hosting will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay to D9 Hosting a “Processing and Collection” Fee of not less than Fifty ($50.00) Dollars nor more than One Hundred Fifty ($150.00) Dollars.
4. Delinquent Accounts
D9 Hosting may temporarily deny service or terminate this Agreement upon failure of the Customer to pay charges when due. Such termination or denial will not relieve the Customer of responsibility for the payment of all accrued service fees, and any collection fees to which D9 Hosting may be entitled under this Agreement or under applicable law.
5. Account Cancellation
Customers may voluntarily cancel their account at any time, for any reason or for no reason, by opening a Support Ticket on the D9 Hosting Web site.
Once a Customer has cancelled their account before the renewal date, no more charges will be billed to the account. Cancellations on or after renewal will be charged renewal fees.
PayPal paying customers canceling their PayPal subscription payment does not warrant cancellation of service. All cancellations must be submitted through a Support Ticket.
Customers can terminate their account for any reason or for no reason. However, the Customer understands and agrees that D9 Hosting does not provide pro-rated or any other kinds of refunds on cancellations. All fees the Customer has paid shall be non-refundable.
6. Refunds and Disputes
All payments to D9 Hosting are non-refundable after the initial 30 day money back guarntee has expired. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported via a Support Ticket within thirty (30) days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as charge-backs, which, in D9 Hosting's sole discretion, are invalid under the terms and conditions of this Agreement, will result in service interruption, and reconnection fees to restore the desired service.
Without waiving any of its other rights under this Agreement, D9 Hosting offers to its Customers a 30-day money-back guarantee on fees for hosting services only (the “30-Day Guarantee”). If for any reason you cancel your account by submitting a Support Ticket to D9 Hosting, within thirty (30) days of the beginning of your service, D9 Hosting will refund your money with no questions asked; provided, however, that you have never previously obtained a refund under the 30-Day Guarantee. If you have ever previously obtained a refund under the 30-Day Guarantee, your account will be canceled, but no money will be refunded to you.
Please note that the amount refunded to you will be the amount you paid for hosting services only, and will not include any of the following fees:
° Setup fees,
° Fees for domain name registrations
° Fees charged for exceeding your allotted disk storage space or bandwidth
° SSL Certificate Fees
° Web design fees
° Web site marketing fees
° Any add-on services, features, software and
° Any other fees for services involving a third party
The 30-Day Guarantee is subject to all of the following limitations:
° You are entitled to a maximum of one (1) 30-Day Guarantee.
° If you do not cancel your account within thirty (30) days of the beginning of your service, your right to the 30-Day guarantee shall expire forever and may not be revived under any circumstances, without the prior express written approval of D9 Hosting.
° You may not transfer or assign the 30-Day Guarantee to any third party
° You agree that you will not circumvent the restrictions on the 30-Day Guarantee described in this document, or attempt to circumvent those restrictions by any means, including, but not limited to, the following actions:
° Creating multiple accounts, using the same customer name or different customer names;
° Canceling your account for the sole purpose of obtaining a refund and then registering for a new account;
° Organizing multiple business entities or using assumed business names for the purpose of circumventing these restrictions;
° Knowingly providing false or misleading information when you register for your account; or
° Requesting a refund under the 30-Day Guarantee at any time after you have already received a refund under that guarantee.
If you violate any provision of any of the following policies of D9 Hosting, you will not be eligible for the 30-Day Guarantee:
° Terms of Service (TOS);
° Acceptable Use Policy (AUP); or
° No-Spam Policy(NSP)
Changes to your service, including, but not limited to, adding new services, removing services, or changing the type of hosting plan you have do NOT make you eligible for an additional 30-Day Guarantee. The 30-Day Guarantee applies to your first order of Web hosting services from D9 Hosting and does not apply to any changes to your service at any time.
7. Violations.
The Customer agrees not to engage in any activity that violates any international, foreign, federal, state, or local laws applicable to the service terms described in this Agreement.
8. Our Rights.
D9 Hosting reserves the right to discontinue service to any Customer it deems, in its sole discretion, violates any condition of service including, but not limited to, the following:
8.1. the Acceptable Use Policy, or
8.2. the No-Spam Policy
9.1. In order to allow us to provide the best service to you, D9 Hosting accounts are backed up daily and weekly. However, these backups are intended for D9 Hosting's administrative purposes only, to allow us to provide excellent service to our customers. As part of its commitment to first-rate customer service, D9 Hosting always seeks to create complete and accurate backups of customer accounts.
9.2. Even the best and most complete and redundant backup systems can and do fail for a variety of reasons, despite the best efforts of the Web hosting service. THEREFORE, D9 Hosting DOES NOT GUARANTEE THE AVAILABILITY, COMPLETENESS, CURRENCY, OR INTEGRITY OF THESE BACKUPS OR THE DATA THEY CONTAIN. Consequently, you must not rely upon the availability, completeness, currency, or integrity of these backups.
9.3. Customers are responsible for maintaining their own backups on their own personal computers or other computers.
9.4. D9 Hosting does not provide any sort of compensation for lost, inaccurate, incomplete, or outdated data in the event that D9 Hosting's backups do not function properly, regardless of the reason(s) for any such malfunction, even if the malfunction was due to the fault or negligence of D9 Hosting or any of its employees or agents, and regardless of whether D9 Hosting had been informed of the possibility of such malfunction, or any fault or negligence that might cause it.
9.5. In the event that you need to recover data from a backup, D9 Hosting will use reasonable efforts to restore data to your account from the appropriate backup. HOWEVER, PLEASE NOTE THAT THIS SERVICE IS INTENDED TO COMPLEMENT YOUR OWN BACKUPS TO YOUR OWN COMPUTER, AND IS NOT A SUBSTITUTE FOR THOSE BACKUPS. AGAIN, D9 Hosting DOES NOT GUARANTEE THE AVAILABILITY, COMPLETENESS, CURRENCY, OR INTEGRITY OF ITS BACKUPS.
9.6. You understand and agree that D9 Hosting's backup policy does not create any warranties for whose breach D9 Hosting can be held liable.
10.Customer agrees to defend, indemnify, and hold harmless D9 Hosting, and the parents, subsidiaries, successors, assigns, employees and agents of D9 Hosting against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) to which an indemnified party may become subject and which Losses arise out of, or relate to this Agreement or Customer’s use of the Services, and to reimburse an indemnified party for all legal and other expenses, including reasonable legal fees incurred by such indemnified party in connection with investigating, defending, or settling any Loss whether or not in connection with pending or threatened litigation in which such indemnified party is a party.
11.
D9 Hosting SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR
11.1.
ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, OR LOSS OF DATA RESULTING FROM THE USE OF D9 Hosting's SERVICES BY CUSTOMER OR ANY THIRD PARTIES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, OR
11.2.
ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS.
12.
D9 Hosting PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. D9 Hosting DISCLAIMS ALL WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS, AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF THE SERVICES AND D9 Hosting SHALL HAVE NO LIABILITY THEREFORE.
13.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, D9 Hosting DISCLAIMS, ALL WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR THROUGH, THIS SERVICE, THE SYSTEMS WHICH PROVIDE IT, AND THE INTERNET, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.
14.
D9 Hosting DOES NOT ASSUME ANY LIABILITY FOR THE COMPLETENESS, ACCURACY, OR USEFULNESS OF ANY INFORMATION DISCLOSED OR MATERIALS ACCESSED THROUGH ITS SERVICES, ITS SYSTEMS, ITS NETWORKS, OR THE INTERNET.
Any failure by D9 Hosting to enforce this Agreement in every instance in which it might apply does not amount to a waiver of any of D9 Hosting's rights.
16. Notices.
16.1. From D9 Hosting to Customer.
D9 Hosting will notify you by e-mail of any notices that D9 Hosting is required to provide to you under this Agreement, at the most current e-mail address you have provided to D9 Hosting.
By entering this Agreement, you consent to receive notices by e-mail. You are solely responsible for ensuring that D9 Hosting has your most current e-mail address, and D9 Hosting shall not be responsible for any lost, misdirected, bounced, forwarded, or undeliverable e-mail that D9 Hosting sends to the most current e-mail address you have provided to D9 Hosting
16.2. From the Customer to D9 Hosting
Unless otherwise specified in this Agreement, notices to D9 Hosting shall be sent to the following email address: support at D9hosting.com
17. Currency.
All monetary amounts to which this Agreement refers shall be in United States dollars.
18. Entire Agreement.
This Agreement, including all of its component parts, comprises the entire agreement between you (the Customer) and D9 Hosting, and supercedes any prior or previous agreements between you and D9 Hosting with respect to the subject matter of this Agreement; provided, however, that you agree that you shall be subject to any additional terms and conditions of which D9 Hosting notifies you from time to time, pursuant to this Agreement.
19. No Oral Modification of this Agreement.
This Agreement may not be modified orally.
20. Assignment
20.1. The Customer shall not assign or attempt to assign its obligations under this Agreement without D9 Hosting's prior and express written consent to such assignment.
20.2. D9 Hosting may assign any or all of its rights and obligations under this Agreement at any time without prior notice to or consent of the Customer.
21. Consent to Jurisdiction; Venue.
Jurisdiction and venue for arbitration or litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof shall be proper only in a venue determined by D9 Hosting.
22. Force Majeure.
D9 Hosting shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, terrorism, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, magnetic interference, interruptions of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunications or wireless service, or any cause beyond the reasonable control of D9 Hosting.
23. Severability of Terms of this Agreement.
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties hereto, and the remainder of the provisions shall remain in full force and effect.
24. Limitation of Actions Arising Under this Agreement.
Any cause of action you may have with respect to D9 Hosting's performance or alleged non-performance of this Agreement must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred.
25. Denial of Service
D9 Hosting reserves the right to refuse or discontinue service to anyone at our sole discretion.
26. Abuse of D9 Hosting Staff or Support Personnel
26.1. At D9 Hosting, we take pride in providing excellent service to all of our customers. It is our policy always to treat our customers with the highest level of respect and courtesy. In return, we expect the same respect and courtesy from you.
26.2. If our staff feels that you are consistently engaging in abusive content toward them, or addressing them in a demeaning or rude manner, your account(s) may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for abusive conduct, customers will be given five (5) days’ notice. We will issue a refund only for the unused portion of pre-paid service.
26.3. Abusive conduct includes, but is not limited to, the following behaviors:
° Repeatedly addressing members of our staff in a demeaning or rude manner;
° Using profanity in any oral or written communications with our staff, by any medium of communication, including but not limited to e-mail, instant messages, chat, text messaging, fax, postal mail, telephone, voice over Internet Protocol (VoIP), or in-person communication;
° Yelling or shouting at our staff;
° Deliberately using all capital (uppercase) letters in any written communication to our staff;
° Insulting our staff because of their personal characteristics, or on the basis of their race, ethnicity, national origin, sex, sexual orientation, religion, or housing or economic status; or
° Deliberately providing false information to our staff for the purpose of harassing them or wasting their time.
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