Hosting MSA

In this agreement (“Agreement”), Nine Planets (“9 Planets”, “we”, “us”) agrees to furnish products and services (the “Service”, “Services”) to the subscriber of Services (“client”, “customer”, “you”, “your”), subject to the following terms (“TOS”).

Nine Planets reserves the right to change this Agreement at any time. Such changes, modifications, additions or deletions shall be effective immediately upon posting on-line at this location. You acknowledge and agree that it is your responsibility to review this site and this Agreement periodically and to be aware of any modifications. Your continued use of the services after such modifications will constitute your:

  1. Acknowledgment of the modified Agreement; and
  2. agreement to abide and be bound by the modified TOS.

If you do not agree to these terms, cancel your services as described in these terms.

This Agreement contains provisions that you are required to pass on to your customers (“end users”) should you have them. It is your responsibility to ensure that these provisions are included in contracts and other agreements with your End Users. You are responsible for your End Users under this Agreement.

General Terms

Headings

The section headings appearing in this Terms of Service Agreement are used only for convenience and in no way define, limit, construe or describe the scope or extent of a section or in any way affect a section.

Service and Term

The pricing, features and term of the products and services you purchase from us are set out on the web page on which the particular products and/or services are described (the “Description Page”). The “Effective Date” is the date in which the service was activated. The Services are provided to you based on the Description Page as of the Effective Date and will continue to renew automatically until either party terminates this Agreement as described in the Termination clause of this Agreement.

Nine Planets will provide to you the Services as it was depicted on the Description Page as of the Effective Date. If the contents of the Description Page change during the term of your service, Nine Planets is under no obligation to modify your service based on the changes in the Description Page or to notify you of such changes. It is your responsibility to review the Description Page periodically and to notify Nine Planets if you would like your Service updated to match the Description Page.

Nine Planets will make every reasonable effort to make Services available to you, however, Nine Planets reserves the right to modify the Service or the way in which we provide them to you at any time for any reason.

Nine Planets reserves the right to refuse service to anyone for any reason.

Nine Planets will make every reasonable effort to make services accessible to you as quickly as possible. Should Nine Planets delay initial access to services for any reason, you agree that Nine Planets cannot be held liable for any damage caused by the delay.

Nine Planets reserves the right to publicize that you, your domain, or your web property is hosted on our servers or in our facility.

Certain aspects of the Service may be provided by third parties or third party software. These third parties may have reserved the right to make changes, including material changes, to the service or software that they provide. If a third party makes a change to its service or software, you agree that this change does not terminate or nullify this Agreement, in whole or in part, based on such a change, even if it materially affects the Service.

Eligibility

By using services provided by Nine Planets, you warrant and represent the following:

  1. That you are eighteen (18) years of age or older and able to enter into this Agreement with Nine Planets. Any use of Nine Planets services by anyone under the age of eighteen (18) years of age is a violation of this agreement and may result in immediate termination.
  2. If you are signing up for services on behalf of another party, you agree that you are authorized to bind the other party to this Agreement.

Service Ownership

When you sign up for a product or service, Nine Planets will request (through our website or other means) that you provide the full legal name, company name, telephone number, email address, and mailing address (collectively “Billing Data”) of the individual and/or company responsible for paying for the services being provided to you by Nine Planets.

When you provide us with this Billing Data, you agree and attest that:

  1. The information you are providing is true, accurate, current, and complete.
  2. That you will maintain and update the Billing Data as often as necessary so that it will remain true, accurate, current, and complete.
  3. That your use of Nine Planets services will not violate any applicable laws.

Should Nine Planets discover, be made aware of, or have suspicion to believe that any of the Billing Data is untrue, inaccurate, not current, or incomplete, Nine Planets, at its sole discretion and judgment, may terminate services as outlined in this Agreement with immediate effect and without prior notice.

The highest authority of a Service provided by Nine Planets is the individual or company identified in the Billing Data associated with the Service (the “Service Owner”). Should a company name be provided in the Service Billing Data, Nine Planets will consider the company to be the official Service Owner and the individual mentioned in the Billing Data to be a representative of that company.

The Service Owner is responsible for and agrees to assume all liability for:

  1. Management of the Service and all content associated with the Service.
  2. Any and all claims or complaints served upon Nine Planets in reference to content relating to the Service.
  3. Any and all activity that occurs on or is otherwise associated with the Service.
  4. Payment of all charges invoiced by Nine Planets resulting from the existence of the Service.

Should a Service’s Billing Data become untrue, inaccurate, out-of-date, or incomplete, you agree that Nine Planets will have the right, at its sole discretion and judgment, to update the Service Billing Data to what Nine Planets believes is the most current Billing Data available – even if such an update to the Service Billing Data results in a new Service Owner. Nine Planets will make every reasonable, good faith effort to ensure the accuracy of the new Billing Data, including, but not limited to, reviewing state or federal documents related to the company referred to in the original Billing Data, the person or company currently paying the invoices on the account, wills and testaments, or other information relating to the account that Nine Planets deems relevant.

Authorized Users

Service Owners may assign additional individuals to the Service who are able to make authoritative decisions regarding the Service (“Authorized Users”). With the exception of the ability to change the Service Owner, these Authorized Users will have all the same powers and be granted all the same access as the Service Owners regarding actions taken on the account.

While you may provide specific instructions regarding permissions of your Authorized Users, and Nine Planets will make ever reasonable effort adhere to your specific instructions, you understand and agree that Nine Planets cannot be held liable should your Authorized User obtain more access to your Service than you requested. You understand and agree that restricting access to your Content and Service is ultimately your responsibility, and you assume full liability for any actions taken on your account and on your content by your Authorized Users.

Change of Service Owner

Nine Planets reserves the right, at its sole discretion and judgment, to approve or deny any request to transfer ownership of any Service for any reason including, but not limited to, death of the current service owner, transfer of ownership of the Service Owner’s company, etc. Nine Planets may, at its sole discretion and judgment, request proof that the party requesting ownership transfer be authorized to do so. Failure to provide Nine Planets with adequate proof of authorization, will result in a denial of the ownership transfer request.

Responsible Use

Services are provided to you in a way that you will have access to configure them as needed. It is your responsibility to configure the Services. Any custom configuration will not be allowed to affect the operation of our network, our provisioning of the Services of other customers, and is otherwise subject to our approval. Nine Planets, at its sole discretion and judgment, may decide to refuse certain custom configurations from running within our network.

You agree to be fully responsible for all use of your account and for any actions that take place on or through your Services. It is your responsibility to maintain the integrity of your password and security of your Services.

You must use your Service in a responsible manner. You may not disrupt other users of the Service, or our network. If your use of the Service results in any such disruption, Nine Planets may require you to modify your use of the Service or discontinue use of the Service until such time as your use does not cause such interference.

Server Backups

Nine Planets provides Backup Services for many of the services we offer as a courtesy service only. Backup Services are provided on an as-is, as available service only. The Backup Service is designed to act as a supplement to, and not in lieu of your own backup programs. It is your responsibility to configure the Backup Service to your unique needs. Nine Planets is not responsible for the completeness, integrity, or freshness of your backup files, nor does Nine Planets guarantee that the service will be error-free or fail-safe.

 Backup Services are provided for disaster recovery purposes only. Should you, or a third party, request that data held in our Backup Services be used for a purpose other then disaster recovery, in litigation for example, Nine Planets has no obligation to provide that to you. Should Nine Planets decide, at our sole and exclusive judgment, or should Nine Planets be required by law to provide data to you, you expressly authorize to create a backup of your data for use in litigation, and the data will be provided at our convenience and you will be billed at a rate of $250 per hour. You will also be responsible for any attorney’s fees we incur in reviewing, responding to, or producing your data. You may also be required to pay us a retainer fee to secure your obligations.

Third-Party Software

The Services provided by Nine Planets may come pre-installed with software owned by a Third-party (“Third-party Software”). If you represent to us that you already have a license to use the Third-party Software, we may require you to provide us with evidence of this license as well as proof of ownership.

You agree that Nine Planets is under no obligation to support any Third-party Software in any way. Should Nine Planets decide, at its sole discretion and judgment, to offer support for any Third-party Software, that support is not guaranteed or warranted in any way, and does not constitute as an agreement of any kind.

Nine Planets reserves the right to prohibit the use of any Third-party Software from within its network.

Material and Product Requirements

You must ensure that all material and data placed on Nine Planets’ equipment is in a condition that is “server-ready,” which is in a form requiring no additional manipulation by Nine Planets. Nine Planets will make no effort to validate any of this information for content, correctness or usability. If your material is not “server-ready”, Nine Planets may reject this material. Nine Planets will notify you of its refusal of the material and afford you the opportunity to modify the material to satisfy Nine Planets’ requirements.

Use of the Services requires a certain level of knowledge in the use of internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your Website. You must have the necessary knowledge to create and maintain a website. Nine Planets does not provide this knowledge or customer support outside of the Services.

Software Patches

Nine Planets may provide software updates, upgrades, bug fixes, or enhancements offered by Third-party Software providers (“Patches”) with or without your requesting Nine Planets to do so. Patches may also be set to be applied automatically using automated patching systems. Nine Planets assumes no liability whatsoever for the consequences resulting from the installation of the Patches, or any attempt by us to install or remove the Patches. It is your sole and exclusive responsibility to determine if installation of the Patches will damage your data, or otherwise affect the operation of your services.

IP Addresses

Nine Planets may assign one or more Internet Protocol addresses (“IP address”) to you for use with your services. At all times and under any circumstance, Nine Planets retains the right to use that IP address, and may change the IP address assigned to you at any time for any reason. The IP address is not transferable. Upon termination of this agreement, you must cease use of the IP address that has been assigned to you.

Nine Planets’s use of IP addresses is guided by the policies set forth by ARIN. Those policies state that the use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses, when the service supports name-based virtual hosts. This means you are required to use name-based virtual hosting whenever possible.

IP Address Overlap

You may not use IP addresses that have not been directly assigned to you by Nine Planets. Any service found using IP’s which were not directly assigned by Nine Planets will be suspended from network access until such time as the IP address overlap has been corrected. Any interruption of service that results due to IP address overlap resulting from you using IP addresses that have not been directly assigned to you will be billed to your account. Furthermore, technical support time lost in tracking down the duplicate IP address will be billed to your account at a rate of $250 per hour.

IP Bandwidth

You understand and agree that you are fully responsible for the IP bandwidth assigned to you and any potential clients or sites that you host on your account. You understand and agree that you are responsible for any IP bandwidth which occurs as a result of any denial of service attack, virus, system or proxy compromise, or otherwise. You agree to secure your server, user accounts, network, and related elements at all times from attack, open proxy, hijack, or other potential abuse. You also agree that Nine Planets does not exercise any control, of any kind whatsoever, over the content of the information passing through the Internet at Nine Planets, and disclaims all responsibility and liability as relates to the content of the information passing through the Internet.

Billing and Payment

Nine Planets’s obligation to provide the Service is contingent on your payment of the fees and charges set out on the Product Description Page (“Fees”). Accepted methods of payment are credit card (Visa, MasterCard, American Express, and Discover Card), ACH, or check. You are responsible for any additional transaction fees that coincide with any payment methods. Checks and money orders should be sent at least 7 days prior to the invoice due date to help ensure that the payment is received by Nine Planets in a timely manner.

Nine Planets requires payment terms of Net 10 (“Due Date”), unless otherwise agreed upon. It is your responsibility to ensure that Nine Planets receives payment of the Fees. Accounts not brought current will be assessed a $5.00 late fee at 10 days overdue, with recurring late fees assessed every 30 days thereafter also for $5.00. Accounts 15 days overdue will be suspended and will incur a suspension fee.

You understand, agree and authorize Nine Planets to charge your account, including any credit cards we may have on file, should any charge or fee become due.

All setup fees and domain name registration fees are non-refundable for any reason.

Unless other terms have been agreed upon that expressly guarantee pricing for a specific prepaid term, Nine Planets reserves the right to change pricing at any time for any reason. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Nine Planets to request for termination of services. All payment is in U.S. Currency. Nine Planets will bill each client $35.00 per returned check and per credit card charge-back received.

Should the Service be suspended for any reason, Fees will continue to accrue.

Remediation Events

Should service be interrupted for nonpayment, Nine Planets may, at its sole discretion and judgment and without any further notice or demand, choose to take any of the following actions, concurrently or in succession:

  1. Subject the account to a $200 per-service suspension fee. Service reactivation will only occur once the outstanding balance has been received in full. If multiple services are deactivated due to nonpayment, all outstanding invoices must be paid in full before any one service will be reactivated. Nine Planets reserves the right to keep any service deactivated until funds paid have cleared with our financial institution.
  2. Turn the account over to collections. Should the account be turned over to collections, you agree to cover all costs, charges, and fees associated with turning the account over to collections in addition to the account balance that was submitted to collections.
  3. Recover all reasonable attorneys’ fees and other expenses incurred in connection with collecting amounts owed, providing that Nine Planets is the prevailing party in any suit or proceeding.
  4. Remove and/or liquidate customer property from Nine Planets’s Data Center and recover from customer, upon demand, the entire amount expended by Nine Planets to perform such an action. Proceeds from property liquidation will be applied to customers outstanding balance.

Some services may require some additional events of default in addition to those mentioned above.

Refunds and Disputes

All payments to Nine Planets are nonrefundable. This includes one-time setup fees, prepayment fees, and subsequent charges regardless of usage. You shall not be entitled to any refunds, pro-rated or otherwise, in the event of early termination of this Agreement by Nine Planets or by you according to the terms outlined by this Agreement.

Nine Planets, at its sole discretion and judgment, may determine to offer you a refund, pro-rated or otherwise. Depending on the amount of the refund, Nine Planets may opt to issue the refund in increments. The size and frequency that Nine Planets issues refunds is determined exclusively by Nine Planets. Under most circumstances Nine Planets will issue a refund as a credit to an existing account. Under special circumstances Nine Planets may opt to issue a refund via a check.

If you believe there is an error in your bill you must contact Nine Planets within 60 days of the invoice in question (“Dispute Deadline”) in order to file a dispute. You and Nine Planets each agree to work together in good faith to resolve the billing dispute. Your dispute must include sufficient facts for us to investigate your claims. You agree to waive your right to dispute any charges or Fees if you fail to meet the Dispute Deadline. If we find that your claim is valid, we agree to credit the account that is the subject of the dispute on your next bill. If you contact your credit card company, prior to notifying us of the dispute, and initiate a charge back based on this dispute, or your charge back claim is past the Dispute Deadline, you will be charged a $200 Administration Fee.

Taxes

All payments required by this Agreement do not include federal, state, municipal, or other governmental excise, sales, privilege, transaction, value-added, use, personal property, or occupational taxes, excises, or other obligations (“Governmental Tax Obligations”). You understand and agree to be fully responsible for and to pay all applicable Governmental Tax Obligations except for taxes based on Nine Planets’s net income. In the event Nine Planets is required to pay any such Governmental Tax Obligations, Nine Planets will provide you with receipts or other evidence of payment and you agree to compensate Nine Planets for such payments within 30 days of being presented with such evidence.

Adult Content

Adult content, pornography and sex-related merchandising are prohibited within the Nine Planets Network. This includes sites that may infer sexual content or link to adult content elsewhere.

Because the Internet is a global communication tool, it is difficult to dictate what is considered “adult content.” It is not our function to discriminate against those who choose to utilize adult content or adult related material. However, Nine Planets has chosen to enforce its “no adult content” policy.

What is Adult Content?

  1. Sexually explicit pictures, writing, or other material/products whose primary purpose is to cause sexual arousal.
  2. Sexually explicit pictures, writing or any material/products that involves children (anyone under the age of 18) is strictly prohibited.
  3. Photos, videos or animated depiction showing nudity in women or men for non-scientific or non-artistic purposes.
  4. Any site whose revenue is gained all or in part from its adult content or products.
  5. Revenue-generating hyperlinks to sites that violate any part of descriptions 1-4.

Nine Planets reserves the right to decide what it considers “adult content”, “adult material”, “sexually explicit”, or “sexually related”.

Child Pornography

Our policy on child pornography is zero-tolerance. Nine Planets will cooperate fully with any criminal investigation into a Customer’s violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the Nine Planets Network, and will be liable for illegal material posted by their clients.

According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.

Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT

Right to Audit

Nine Planets reserves the right to audit all accounts for integrity and security purposes in order to protect our hardware and network from damages associated with inadequate security settings or controls. It is the customer’s responsibility to maintain strong security for their account at all times. Nine Planets reserves the right to audit your passwords and other security settings or controls to ensure they are of adequate strength and integrity. If your password or security settings fail the audit, we will give you 24 hours to make the necessary changes, otherwise we reserve the right to change the password or make other security-related adjustments for you in order to protect our network and our other clients who use it.

Right of Inspection

Nine Planets reserves the right to monitor activity on our servers and network for the purposes of integrity, security, performance, and good business practices. By ordering an account, you consent to such monitoring of files, applications, Internet traffic and any other content uploaded or received through the Nine Planets network or servers.

Any attempt to circumvent, alter, or otherwise bypass our ability to accurately monitor our services is prohibited and can result in a termination of services, without any possibility of a refund.

Nine Planets will adhere to its Privacy Policy when monitoring its network and services. Should any issues arise out of such monitoring, the customer will be notified before action is taken unless Nine Planets, at its sole discretion, deems the issue as an emergency in which immediate action is required.

You agree that you will not use the Service in any manner that infringes upon any copyright, trademarks, trade secrets or proprietary information, except with the express written permission of the owner of such rights. Nine Planets reserves the right to request proof of such written permission at any time. Failure to provide proof of written permission within seven (7) days can be considered a breach of this agreement and can result in termination of this agreement.

It is Nine Planets’s policy to promptly investigate complaint notifications of any alleged copyright infringement that are provided to us in writing regarding content hosted on or otherwise displayed via our network. During our investigation Nine Planets may attempt to contact you regarding the copyright infringement complaint and may allow you to correct or otherwise address the situation. Should you opt to address the complaint, you agree that you shall indemnify Nine Planets according to the Indemnification clause of this agreement.

Should Nine Planets choose to respond to any alleged copyright infringement notification, our response may include removing or disabling access to the content or website claimed to be the subject of infringing activity, without prior notice, and without regard to the complaint’s substance or merit or lack thereof. Nine Planets reserves the right, at its sole discretion, to terminate any account for which Nine Planets receives multiple copyright infringement complaints, without prior notice and without a refund of any balance on the account being terminated.

Content Caching

You expressly grant to Nine Planets a license to cache or copy the entirety of your data, including your website files and content supplied by third parties, hosted by Nine Planets under this Agreement. You expressly agree that such caching or copying is not an infringement of any of your intellectual property rights or any third party’s intellectual property rights.

Notice and Procedure for Making Claims of Copyright Infringement.

Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the Nine Planets system or website should be sent ONLY to our Designated Agent.

NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING Nine Planets THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g. REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.

Written notification must be submitted to the following Designated Agent:

Nine PlanetsLegal Department1711 Willamette St,Ste 301 # 735Eugene, OR 97401support@nineplanetsllc.com

Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:

  1. Physical or electronic signature of a person authorized to act on behalf of the copyright owner.
  2. Identification of the copyrighted work claimed to have been infringed or a representative list if multiple works are involved.
  3. Identification of the material that is claimed to be infringing that should be removed or access to disabled and information reasonably sufficient to enable the online service provider to locate the material (usually a URL to the relevant page).
  4. Information reasonably sufficient to allow the online service provider to contact the complaining party (address, phone number, e-mail address).
  5. Statement that the complaining party has “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.”
  6. Statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

Harassment and Abuse

Nine Planets will not tolerate abuse of any kind towards its employees. This includes verbal harassment, yelling, swearing, rudeness, threats, or any intentionally disruptive behavior directed at Nine Planets or any of its employees or agents. You agree to engage Nine Planets employees in a professional manner whether in email, support tickets, live chat, forums, or telephone calls. You agree that any abuse originating from you toward a Nine Planets employee for any reason, even regarding a breach by Nine Planets, will be construed as a violation of this Agreement. No refunds will be provided for any service termination which arises as a result of a violation of this clause.

Server Abuse

Any attempt to undermine or cause harm to a server, or customer, of Nine Planets is strictly prohibited.

Unauthorized use of other people’s accounts or computers is strictly prohibited. Nine Planets will strongly react to any use, or attempted use, of an Internet account or computer without the owner’s authorization. Such attempts include: “Internet scamming” (tricking other people into releasing their passwords), password robbery, security hole scanning etc.

Any unauthorized use of accounts or computers by a Nine Planets customer, whether or not the attacked account or computer belongs to Nine Planets, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

Server abuse can also include, but is NOT limited to: any form of IRC, bulk emailing, unsolicited emailings, newsgroup spamming, pornographic content, adult content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by Nine Planets to be unacceptable use of Nine Planets’ services including abuse of server resources.

All hosting accounts may be terminated that include the following content or which have links to the following content:

  1. Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism or hatred.
  2. Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
  3. Displaying material that exploits children under 18 years of age.
  4. Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
  5. Exporting encryption software over the internet or otherwise, to points outside the United States.
  6. Distributing information regarding the creation of and sending internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
  7. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this MSA, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
  8. Any account that is deactivated by the abuse team will be charged the following reactivation fees:1st offense – $25.002. 2nd offense – $100.003. 3rd offense – $500.00 + Account termination

This fee will only be waived if it is determined by the abuse team that the account was disabled without cause.

Nine Planets reserves the right to decide what it considers “server abuse”.

Unsolicited Email (Spam)

Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account cancellation.

Nine Planets takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers. The following activities are not allowed:

  1. Unsolicited bulk or commercial messages (“spam”). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it from your domain.
  2. Forging, altering or removing electronic mail headers is prohibited. Any domain sending stealth spam will be terminated without warning and without refund.
  3. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account (“mail bombing”).
  4. Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancellation. See the newsgroup or mailing list’s charter for whether advertising is allowed or not. “Spamming,” or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.
  5. Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.
  6. Providing spamware (software used to send bulk email or software used to harvest email addresses) or links to sites providing spamware is strictly prohibited and subject to demand for removal or account cancellation.

Note: If you use the services of another provider (including but not limited to the use of address lists obtained from a third party vendor or provider) to promote a website hosted by or through Nine Planets (spamvertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers.

Penalty: Depending on the severity of your SPAMMING, Nine Planets reserves the right to charge you between $1.00 – $100.00 PER SPAM sent through our network. Your website content will also be confiscated and it will NEVER be returned to you.

You understand, agree and authorize Nine Planets to charge your account, including any credit cards we may have on file, should your account incur penalties regarding SPAM originating from your use of the Services.

Internet Relay Chat (IRC)

Any kind of IRC clients or IRC bots are strictly forbidden within the Nine Planets network. We understand that occasionally there are acceptable uses for these services but due to the frequency at which these services are abused, and the rarity with which they are used to useful purpose, we have chosen to exclude them from our network. Anyone found to be in violation of this policy risks immediate account termination.

Termination

Nine Planets reserves the right, at its sole discretion and judgment, to terminate this Agreement and/or the Services provided herein for any reason at any time with or without warning or prior notice. Nine Planets may choose to make reasonable effort to notify you of the reason for this decision, and to work with you to rectify any problems that may have affected our decision.

In order for you to terminate this Agreement, you must contact Nine Planets before the end of the services billing cycle. Different services may require different termination procedures, most of which are outlined in this MSA. Termination requests must be in writing and must originate from the Service Owner information that corresponds with Nine Planets’s records. In order to help protect you from unauthorized termination, Nine Planets reserves the right to verify the legitimacy of the Service Owner for purposes of termination for up to 30 days before the termination occurs.

Liability and Obligations upon Termination

Fees paid in advance of cancellation may, at Nine Planets’s sole discretion, be pro-rated and returned to you by Nine Planets if either you or Nine Planets institutes its right of termination.

If this Agreement is terminated due to any violation of these terms, policies, rules, requirements, or obligations, any pre-payments, fees, or other monies sent to Nine Planets are forfeit and will not be pro-rated or returned. Further, any violation of policies, rules, requirements or obligations on your part which result in extra costs will be billed to your account with full payment due immediately. You agree to be liable for any termination charges resulting from a breach of this Agreement.

Damages

You acknowledge and agree that the service provided is of such a nature that service can be interrupted for many reasons, the cause of which can be difficult if not impossible to ascertain. You agree that Nine Planets shall not be held liable for any damages arising from such causes beyond the direct and exclusive control of Nine Planets. You further acknowledge that Nine Planets’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by you for services during the period damages occurred. In no event shall Nine Planets be liable for any special or consequential damages, loss, or injury. IN NO EVENT SHALL Nine Planets’ MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.

You understand and agree that service resources such as storage, compute, memory, or other resources may be terminated or replaced due to failure, service retirement, or other reasons at Nine Planets’s sole discretion and judgement. You agree that Nine Planets has no liability whatsoever for any damages, liabilities, losses, or any other consequences resulting from your use of Nine Planets services, including but not limited to any loss of data caused by corruption, deletion, or any other method, applications, functionality, or profits.

YOU UNDERSTAND AND AGREE THAT THE USE OF Nine Planets SERVICES DOES NOT GRANT YOU, AND YOU AGREE TO WAIVE, THE RIGHT TO ACCESS OR HAVE PHYSICAL POSSESSION OF Nine Planets SERVERS, EQUIPMENT, REAL OR PERSONAL PROPERTY, OR OTHER ASSETS. YOU UNDERSTAND AND AGREE THAT Nine Planets HAS NO OBLIGATION TO COPY, BACKUP, RESTORE, MANIPULATE, OR OTHERWISE HANDLE YOUR PERSONAL DATA, INTELLECTUAL PROPERTY, OR ANY OTHER TANGIBLE OR INTANGIBLE ASSETS THAT MAY BE PRESENT ON Nine Planets SERVERS.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, SAVE AND HOLD Nine Planets HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY’S FEES ASSERTED AGAINST Nine Planets, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, ITS AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD Nine Planets HARMLESS AGAINST LIABILITIES ARISING OUT OF:

  1. ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH A Nine Planets SERVER.
  2. ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY.
  3. COPYRIGHT INFRINGEMENT.
  4. ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM A Nine Planets SERVER.

Non-Waiver

No waiver of rights under this Agreement by either party shall constitute a subsequent waiver of this or any other right under this Agreement.

Severability

If any portion of this Agreement or accompanying documents, or the application thereof to any person, place, or circumstance, shall be held by an arbitrator or a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of the document and such provisions as applied to other persons, places, and circumstances shall remain in full force and effect, and such provisions shall be enforced to the fullest extent consistent with applicable law.

Force Majeure

You agree that Nine Planets is not responsible for any damages, delays, or other failures to fulfill its obligations hereunder as a result of war, fire, strike, riot or insurrection, natural disaster, delay of carriers, governmental order or regulation, complete or partial shutdown of plant, unavailability of materials or equipment from suppliers, failures or blackouts, labor disputes, and/or other circumstances or occurrences beyond our control . whether or not it is similar to those listed above.

Disclaimers

NINE PLANETS  WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. NINE PLANETS MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. NINE PLANETS DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY NINE PLANETS AND ITS EMPLOYEES. NINE PLANETS RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.

ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF NINE PLANETS MUST ADHERE TO THIS MSA.

FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT TERMINATION.

Lawful Purpose

You may only use Nine Planets servers for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Nine Planets management.

Litigation

Regardless of your location, you agree that for purposes of venue and jurisdiction this contract was entered into and performed in Lane County, Oregon, and any dispute will be litigated or arbitrated in Lane County, Oregon. You further waive all objections to venue or jurisdiction and acknowledge that venue and jurisdiction in any such litigation will be held in Lane County Courts. IN NO EVENT SHALL Nine Planets’ MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.

Dispute Resolution Costs

In the event that either party institutes litigation or any other dispute resolution process with regards to this Agreement (including to collect sums owed by You to Nine Planets), the prevailing party shall be entitled to its reasonable attorneys’ fees ad costs incurred by it in connection with the litigation or other dispute resolution process.

Assignment

You agree that you do not have the right to assign this Agreement without the explicit written permission of Nine Planets. This Agreement shall be in force and effect to the total benefit of You and Nine Planets, and their successors and permitted assigns.

Giveaways & Awards

Winner must be 18 years or older in order to qualify. Odds of winning will depend on the number of eligible entries received. Awards, giveaways, and prizes (collectively: Award) will have no cash value. All federal, state, and local taxes, licensing, or other fees associated with the Award are the responsibility of the Winner. No substitution or transfer of the Award will be permitted without the express permission of Nine Planets. Winner assumes all liability for any damages or claims arising out of the acceptance or redemption of this award. Nine Planets assumes no liability or responsibility for typographical or other errors in the printing of an Award, administration of the awarding process, or in the announcement of the Award winner. Nine Planets reserves the right to publicize the Winner’s names and likenesses for the purposes of promotion.

Service Level Agreement

30-day Money Back Guarantee

If, for any reason, you are not satisfied with your account here at Nine Planets, simply let us know by sending a message to our billing department within 30 days of when your service is activated, and you will receive a full, 100% refund of all service fees. We do ask that you tell us why you’re canceling (so we know what to improve!) but the reason can be anything you like!

The guarantee period starts when the service is activated within our systems and ends 30 days after that date, regardless of any other term such as free trial or other promotions. Due to the nature of the products, domain names and SSL certificates cannot be covered by this guarantee. Any violation of this MSA will void this guarantee. All refunds are subject to approval.

100% Network Uptime Guarantee

This 100% uptime guarantee applies to any Nine Planets Hosting Client in good financial standing with Nine Planets at the time of a service outage.

Nine Planets endeavors to have our public network available to any party in the world 100% of the time. Network downtime (unavailability) is defined as 100% packet loss from Nine Planets to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Nine Planets’ online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the Nine Planets NOC, or other emergency contact methods. Nine Planets’ administrators will determine the end of the downtime by a trace-route to the backbone providers from Nine Planets network.

In the event that our public network does not experience 100% network uptime in a given month, Nine Planets will credit 5% of the customer’s monthly service fees for customers affected services after the first 10 minutes of service outage. Additional credit will be issued in increments of 5% for each additional 30 minutes of network downtime experienced up to 100% of the monthly service fee. All credit requests must be received within 7 days of network downtime incident.

Customer shall not receive any credits under this Agreement in connection with any failure or deficiency of network availability caused by or associated with:

  1. Circumstances beyond Nine Planets’ reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, DDoS attacks, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this Agreement.
  2. Failure of bandwidth providers to the Nine Planets Network, unless such failure is caused solely by Nine Planets.
  3. Scheduled maintenance, emergency maintenance, or upgrades.
  4. DNS issues outside the direct control of Nine Planets.
  5. Issues with FTP. POP, IMAP, or SMTP customer access.
  6. False breaches reported as a result of outages or errors of any Nine Planets measurement system.
  7. Customer’s acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, PHP, etc), any negligence, willful misconduct, or use of the Services in breach of Nine Planets’ Terms of Service.
  8. E-mail or webmail delivery and transmission.
  9. DNS (Domain Name Server) Propagation.
  10. Outages elsewhere on the Internet that hinder access to your account. Nine Planets is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it.

Nine Planets will guarantee only those areas considered under the control of Nine Planets:

  • Nine Planets servers.

Shared Hosting Terms

Site Transfers

One free site transfer is provided as a courtesy service for each Managed hosting account, and comes with no guarantees, warranties, or other promises of any kind. Nine Planets also does not warrant or guarantee the amount of time it will take for us to perform the transfer. Nine Planets will make every reasonable effort to transfer your site as quickly and efficiently as possible, but every host is different, and in some rare cases Nine Planets may be unable to assist you in transferring your site.

Free site transfer assistance is available for a period of 30 days after the initial purchase of your Managed hosting account. After the initial 30 days the free site transfer service will no longer be available for free. Please email support@nineplanetsllc.com for complete details.

Server Resource Abuse

Shared hosting accounts are limited in use of the amount of server resources. Shared server resource abuse includes any process or service usage that affects normal shared server operation, resources or connectivity, and which causes a server to become overloaded. Shared server resources include CPU and memory usage, number of concurrent processes, number of concurrent port or database connections and total bandwidth.

Possible causes of server resource abuse include, but are not limited to, the use of: CGI, Perl, Sendmail, mySQL, MSSQL, PHP, ASP, CFML, HTTP, SMTP, POP3 and FTP. If server resource abuse is detected, possible actions include, but are not limited to: disabling of the offending script or scripts, disabling of the specific service, disabling of the entire account or account cancellation. If server overload is a result of server resource abuse, these actions will be taken without prior notice or warning.

Excessive Use/Overages

You will not exceed the bandwidth, storage, domain, and email or other resource usage limits outlined by your particular web hosting package.

Your use of your account and access to it is your responsibility. You are responsible for any unauthorized access to your account resulting in exceeding the limits outlined in your particular web hosting package specifications and resultant charges.

Domain Name Registration

Domain Registration Services

Domain name registration or reservation services (“Domain Services”) are not effective until the registry administrator puts them into effect. Domain name registrations are only for limited terms, terms which end on the expiration date. The term begins on the date the domain name registration is acknowledged by the applicable registry. Nine Planets may place orders for domain names on your behalf with an ICANN accredited registrar. You agree that Nine Planets is not liable or responsible in any way for any errors, omissions, or any other actions arising out of or related to a request to register, renew, modify the settings for, or transfer of a domain name through a registrar. You further agree that domain name registration is a service, that domain name registrations do not exist independently from services provided pursuant to this or a similar registration agreement with a registrar, and that domain name registration services do not create a property interest.

Domain Name Payment

You agree to pay Nine Planets prior to the effectiveness of the desired Domain Services, and prior to the subsequent renewals of such services.

Your requested domain name will not be registered unless and until we receive actual payment of the full registration fee, and have confirmed your registration in an email from Nine Planets to the email address indicated in your registration application. In the event of a charge-back by a credit card company (or similar action by another payment provider allowed by Nine Planets) in connection with the payments of the registration fee for your domain name registration, You agree and acknowledge that the domain name registration shall be transferred to Nine Planets as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Nine Planets will reinstate your domain name registration solely at Nine Planets’s discretion, and subject to our receipt of the initial registration or renewal fee as well as any applied reinstatement fee.

Domain Name Refunds

All fees regarding domain names are non-refundable, in whole or in part, even if your domain name registration is suspended, canceled or transferred prior to the end of your then-current registration term. Nine Planets reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion.

Authorized Agent

Occasionally, you may request that Nine Planets act as an authorized agent to register a domain on your behalf. By requesting a domain name be registered by Nine Planets, you agree to allow Nine Planets to use the Nine Planets “Host Master” contact information for the domain’s Administrative and Technical Contacts in order to protect your privacy and manage your domain as your authorized agent.

Domain Transfers

You agree that transfer of your domain name(s) services shall be governed by ICANN’s transfer policy, available at http://www.icann.org/transfers/, as this policy may be modified from time to time. You agree that we may place a “Registrar Lock” on your domain name services and that this will prevent your domain name services from being transferred without your authorization, though we are not required to do so. By allowing your domain name services to remain locked, you provide express objection to any and all transfer requests until the lock is removed.

Any client in good financial standing may request a domain name transfer. Any account not in good financial standing must have their account made current and all balance due’s paid in full before a domain name can be transferred.

A request for transfer must originate from the email address or phone number that corresponds to the owner of the domain as stated by Nine Planets’s billing records. Nine Planets reserves the right to refuse a domain transfer if Nine Planets cannot verify the authenticity of such an originating request.

Domain names may not be transferred within 60 calendar days of initial registration, within 60 calendar days of a transfer, if there is a dispute regarding the identity of the domain name registrant, if you are bankrupt, or if you fail to pay any balances due on your account.

Transfer requests typically take five business days to be processed. A transfer will not be processed if, during this time, the domain name registration services expire in which event you may need to reinstate the transfer request. You may be required to resubmit a transfer request if there is a communication failure. AS A CONSEQUENCE, YOU ACKNOWLEDGE THAT YOU ASSUME ALL RISK FOR FAILURE OF A TRANSFER IF THE TRANSFER PROCESS IS INITIATED CLOSE TO THE END OF A REGISTRATION TERM.

Proper Use

Nine Planets does not check to ensure that any domain name you select infringes on the legal rights of others. You agree that it is your sole responsibility to know whether or not the domain name you select or use infringes on the legal rights of others. Nine Planets may be ordered by a court to cancel, modify, or transfer your domain name. It is your responsibility to communicate with litigants, potential litigants, or other governmental authorities. Is is not the responsibility of Nine Planets to forward court orders or other communications to you. You also agree to allow Nine Planets to provide litigants or potential litigants with your contact information should you be using Nine Planets as a registrar proxy or have privacy controls enabled on your domain name.

Disputes

In the event of a dispute, you agree to the Uniform Domain Name Dispute Resolution Policy (“UDRP”) – a copy of which can be found at the following URL: http://www.icann.org/dndr/udrp/policy.htm. You agree that the UDRP may be changed by ICANN (or ICANN’s successor) at any time and that such a change will be binding upon you. You agree that, if the registration of your domain name is challenged by a third party, you will be subject to the provisions specified in the UDRP in effect at the time of your domain name registration is disputed by the third party.

You also agree that, in the event a domain name dispute arises with any third party, you will indemnify and hold Nine Planets harmless pursuant to the terms and conditions of the UDRP. You also understand that it is important for you to regularly monitor email sent to the email address associated with your account and domain names because, among other reasons, if a dispute arises regarding Domain Services provided to you, you may lose your rights to receive the Domain Services during or after the dispute.

If Nine Planets is involved or threatened to be involved in a lawsuit or any other legal or administrative proceeding in connection with your domain name or other service provided to you by Nine Planets, you agree to indemnify us and hold us harmless from the claims and expenses including but not limited to attorney’s fees and court costs. You also agree, at our request, to deposit money with us to pay for reasonably anticipated expenses in relation to such legal action. This deposit will be drawn against as expenses are incurred. Notification of such draws will be sent to the billing contact for the domain. Nine Planets will not be obligated to extend credit for legal expenses in relation to the legal action and may terminate Service due to failure to make, renew, or keep a positive balance in this credit account. Once legal actions are concluded Nine Planets will return any unused portion of your deposit account within six (6) months of the conclusion of legal action.

Renewal Notices and Expiration

As a convenience to you, Nine Planets may choose to send renewal notifications when the time to renew Domain Services approaches. You understand and agree that Nine Planets is under no obligation to send renewal notices. You further understand and agree that it is your responsibility to keep your own records and ensure your Domain Services are properly renewed and all renewal fees are paid in full before the Domain Services expiration date.

You understand and agree that should any renewal fee go unpaid before the Domain Services expiration date, they will expire or be canceled.

You understand and agree that it is your responsibility to ensure your billing information is correct, up to date, and complete. Nine Planets cannot be held liable for expired or canceled Domain Services that result from inaccurate, incomplete, or out of date billing information.

Automatic Renewal

In an effort to help ensure that you do not experience a costly interruption or loss of Domain Services, Nine Planets may decide, at its sole discretion and judgment, to provide automatic renewal options for Domain Services. When you select the automatic renewal options, or the automatic renewal options are included by default with your Domain Services, you agree to allow Nine Planets to automatically renew the Domain Services for a renewal term that is equal to or less than the time of the original service term. For example, if your original service term was for two years, your automatic renewal term will be for two years or less.

You understand and agree that automatic renewal options for Domain Services are provided as a courtesy service only, and are provided as an as-is, as available service only. You understand and agree that it is ultimately your responsibility to ensure that your Domain Services are renewed in a timely fashion, and that Nine Planets is under no obligation to renew your Domain Services should the original service term expire. You understand and agree that Nine Planets does not guarantee that the automatic renewal processes will be error-free or fail-safe and cannot be held liable for errors, omissions, failures, or the completeness of any automatic renewal process.

You understand and agree that Nine Planets cannot be held liable for your failure to notify Nine Planets, or your failure to update your account settings in order to disable or discontinue automatic renewals for your Domain Services. Should you notify Nine Planets that you no longer wish to renew your Domain Services after an automatic renewal has taken place, Nine Planets may choose, at its sole discretion and judgment, to issue a refund for the automatically renewed Domain Services, provided that the Domain Services can immediately be canceled and that Nine Planets’s cost for renewing such services can be recovered.

Expiration

Should Domain Services expire due to lack of payment or other reason, you understand that Nine Planets or its upstream registrar may direct the domain name to name-servers or IP addresses chosen by us or our upstream registrar. You further understand that we may choose to either leave the domain WHOIS information in tact or change it as we see fit.

Domain Service Liability

LIMITATION OF LIABILITY: YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY SUSPENSION OR LOSS OF DOMAIN SERVICES, USE OF DOMAIN SERVICES, INTERRUPTION OF DOMAIN SERVICES OR INTERRUPTION OF YOUR BUSINESS, ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR WEBSITES OR DOMAIN SERVICES OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO A DOMAIN NAME REGISTERED WITH US. YOU AGREE THAT WE WILL NOT BE LIABLE FOR LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL, DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION. YOU AGREE THAT WE WILL NOT BE LIABLE FOR THE PROCESSING OF AN APPLICATION FOR A DOMAIN NAME REGISTRATION, LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT OR PASSWORD, OR THE APPLICATION OF THE DISPUTE RESOLUTION POLICY.

YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR AND/OR YOUR PRIMARY SERVICE PROVIDER’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Domain Service Warranty

YOU REPRESENT THAT, TO THE BEST OF YOUR KNOWLEDGE AND BELIEF, NEITHER THE REGISTRATION OF A DOMAIN NAME NOR THE MANNER IN WHICH IT IS DIRECTLY OR INDIRECTLY USED NOR THE USE OF THE DOMAIN SERVICES INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY. YOU FURTHER REPRESENT AND WARRANT THAT ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR PROCUREMENT OF THE DOMAIN SERVICES IS ACCURATE. ALL DOMAIN SERVICES ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS. Nine Planets MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE DOMAIN SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Right of Cancellation

Nine Planets reserves the right, at its s sole discretion, to deny, cancel, terminate, suspend, lock, or modify access to or control of any account or any Domain Services for any reason.

SSL Certificates

SSL Service Description

A SSL Certificate is a digitally signed message that contains an organization’s public key and associates it with information authenticated by a Certificate Authority, A Certificate Authority is a third-party (such as GeoTrust, Comodo, Symantec, Thawte, etc) that verifies certain information supplied to it (such as email address, postal address, business name, etc) and signs a public key affirming that this information is true and correct.

By purchasing and/or utilizing a SSL certificate through Nine Planets, you acknowledge and understand that Nine Planets is not a Certificate Authority, and is in no way responsible for the quality, integrity, completeness, truth, or accuracy of any SSL certificate purchased through our services.

SSL Refund Policy

Nine Planets includes a 30-day refund guarantee on many of the SSL products we offer. You understand and agree that Nine Planets has the right, at its sole discretion and judgment, to refuse a refund request for any reason, including improper or incomplete refund requests. In order for a refund request to be considered for approval by Nine Planets, you agrees and attest to the following with regard to the certificate you are requesting a refund for:

– The SSL certificate is no longer in use– The SSL certificate has been uninstalled and deleted

The refund request for any SSL certificate must be received within 30 days of the original order date. Account refunds will be assigned to either to the credit account used to purchase the SSL certificate, or the billing contact of the account used to purchase the SSL certificate. Nine Planets is not responsible for lost, stolen, incorrect, incomplete, illegible, or undelivered refunds or incorrect, incomplete, or old billing contact information.

Expiration and Renewals

You acknowledge and understand that it is your responsibility to keep and maintain your own records regarding your SSL Certificates and the dates they are set to expire. As a convenience to you, and not an obligation or a binding commitment, we may send you renewal notifications to inform you when SSL Services are about to expire.

Revocation

Nine Planets reserves the right to revoke any SSL certificate at any time without notice should Nine Planets have any reason to believe any of the following:

– The information within your SSL Certificate is no longer valid– You fail to perform your obligations under these Terms of Service– At Nine Planets’s sole discretion and judgment, Nine Planets believes you have engaged in activities which are harmful or unlawful

Authorized Agent

If you are ordering a SSL Certificate at the request of a client, you attest and agree that you have been authorized to purchase the SSL certificate on behalf of the client you are ordering for, and to enter into this binding agreement with Nine Planets on their behalf. Nine Planets reserves the right, but without obligation, to verify the authenticity of any request made by an authorized agent on behalf of an Account Owner. Nine Planets may at its sole discretion and judgment, refuse service to any authorized agent for any reason.

SSL Services Liability

UNDER NO CIRCUMSTANCES SHALL NINE PLANETS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER RELATED TO THIS AGREEMENT, SSL SERVICES, YOUR USE OR INABILITY TO USE OUR WEBSITE(S) OR THE MATERIALS AND CONTENT OF THE WEBSITE(S) OR ANY OTHER WEBSITES LINKED TO SUCH WEBSITE(S) OR YOUR PROVISION OF ANY PERSONALLY IDENTIFIABLE INFORMATION TO BACKEND SERVICE PROVIDER OR ANY THIRD PARTY. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF NINE PLANETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. BECAUSE CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR ELIMINATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF ANY PROVISION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE UNENFORCEABLE, ONLY SUCH PROVISION SHALL BE REMOVED AND THE REMAINDER SHALL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY LAW. 

Email Support

At Nine Planets, our goal is to ensure your email experience is seamless and hassle-free. To achieve this, our support team is dedicated to assisting you with any issues or inquiries related to our webmail interface. We strive to address any technical difficulties, provide guidance on features, and ensure that you can make the most of our platform.

However, it’s important to note that our support is specifically tailored to assist with the functionality and usage of our webmail interface. While we endeavor to offer comprehensive assistance within this realm, we regret to inform you that our support does not extend to troubleshooting or providing technical assistance for third-party email applications installed on individual devices.

We understand that many users utilize various email clients or applications to access their accounts, and while we appreciate the convenience they offer, the complexity and diversity of these third-party solutions make it impractical for us to provide direct support.

That said, we’re more than happy to offer general guidance or troubleshooting tips that may help you navigate any issues you encounter with third-party applications. We recommend consulting the documentation or support resources provided by the developers of these applications for more specific assistance.

Email Acceptable Use Policy

Definitions

“Spam” refers to any messages sent to multiple recipients who have not agreed to receive such messages.

“User” refers to the person, persons, or entity using a specific email account (designated by a unique email address) within a domain controlled by the user and operated by Nine Planets.

Introduction

Without exception, Nine Planets decries the practice of mass mailing unwanted email of any type, regardless of content, and we will do everything within our power to reduce the flood of this type of traffic across the Internet.

We have the following policies:

  1. Nine Planets prohibits the use of our systems in any manner associated with the transmission, distribution, or delivery of spam.
  2. Any Nine Planets Email user who sends spam may have their account disabled and be disallowed further service.

If we believe that it is warranted, Nine Planets operations personnel have the option to immediately disable any account in order to forestall further abuse or damage to email systems. Should this occur, the user shall be notified as soon as possible.

Spam sent from other networks which references an email account hosted at Nine Planets shall be treated as if it originated from the account referenced, unless there is sufficient reason given for Nine Planets operations staff to believe that the message truly originated with some unrelated party.

Likewise, postings made to Usenet newsgroups or other online forums, such as blogs which reference email accounts hosted at Nine Planets, and are deemed to be inappropriate according to the local ethical standards of those forums, may be treated in the same manner as spam.

Passwords

Nine Planets may periodically request that you change your password for security reasons. You may be prompted to reset your password or you may receive emails prompting you to reset your password. In either case, you will be given a time period in which you must reset your password. If you fail to do so within that time period, your account will be suspended and you will not be able to send email. If your account has been suspended for this reason, you can still log in to change your password, which will allow you to send email again.

Filtering of Incoming Email

As the owner of the equipment and other resources utilized to provide services, Nine Planets has the legal right to block electronic communications from other entities on the Internet.

Users should be aware that such blocking or filtering may take place if deemed necessary by designated members of the Nine Planets operations staff (or a third party chosen by Nine Planets and made known to the user).

Whenever possible, the party being blocked shall be made aware of such action before it occurs.

Mass Mailing

Nine Planets does not support outbound mass mailing as a standard offering. As standard practice we limit users from sending mail to a large number of recipients per 24 hour period. This limit is restrictive on the first day of usage, and becomes more lenient over time. Users who reach this limit will experience error messages such as “Daily maximum exceeded”.

This limit is subject to change without notice, should our service be compromised. 

A user can request through the Nine Planets support organization that this limit be overridden temporarily for a particular user. Each request will be evaluated on a case-by-case basis.

File Sharing

Nine Planets allows our Email Service customers to share files by uploading the files to Nine Planets File Storage and then sharing the links to those files. Customers who participate in file sharing must adhere to the policies outlined in this document.

Nine Planets prohibits the uploading, sharing, or disseminating of any information, data, or material that is defamatory, child pornography, or hate literature, as well as any that is in violation of local, federal, or international regulation or law, or that is prohibited by common law. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute.

Nine Planets also prohibits the posting, storing, transmitting, or disseminating of any information or software that contains a virus, trojan horse, worm, defect, or any other harmful, contaminating, or disruptive components.

Nine Planets reserves the right, at its sole discretion, to lock any account this is found to be in violation of this policy.

Illegal Activities

Services offered may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material that is in violation of federal or state regulation or law, or by common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute.

Nine Planets reserves the right to cooperate with law enforcement and other legal authorities in investigating claims of illegal activity.

Nine Planets will not release any information regarding our users (excepting that which is public knowledge, such as the InterNIC’s WHOIS database) to any third party, except upon presentation of a valid court order from a government or legal entity with proper jurisdiction. The user agrees that Nine Planets judgment as to the validity of any such order shall be considered proper and final.

Right to Damages

Nine Planets considers most instances of spam to be a theft of services, and reserves the right to prosecute originators in a court of law.

Nine Planets reserves the right to collect damages (to cover software, hardware, and man hours) if any harm is done to our network or equipment that requires repair or reconfiguration of any kind. If deemed appropriate by Nine Planets, the user will be billed not less than USD $500 per individual complaint received by Nine Planets staff.

In addition, Nine Planets reserves the right to collect punitive damages in recompense for any perceived loss of brand reputation. Nothing contained in this document shall be construed to limit action that Nine Planets may take or remedies that are available to us with respect to any of the described conduct. Nine Planets reserves the right to take any additional actions we may consider appropriate with respect to such conduct, including, without limitation, taking action to recover costs and expenses of identifying offenders and removing them from our network or systems, and levying cancellation charges to cover costs in the event of disconnection for the causes outlined in this policy document. In addition, Nine Planets reserves at all times all rights and remedies available to us with respect to such conduct at law or in equity. Non-enforcement of any policy or rule herein does not constitute consent or waiver, and Nine Planets reserves the right to enforce such policy or rule at its sole discretion.

Email Mass Mailing Policy

Nine Planets does not support outbound mass mailing as a standard offering. As standard practice we limit users from sending mail to large numbers recipients per 24 hour period. This limit is restrictive on the first day of usage, and becomes more lenient over time. Users who reach this limit will experience error messages stating “Daily maximum exceeded”.

This limit is subject to change without notice, should our service be compromised. In order to protect our customers we do not publish the numeric limit publicly. This restriction can be overridden by our staff if requested by our customer for a temporary period of time. This request will be submitted through the support organization, and each request will be evaluated on a case by case basis.

Policy objectives

The objectives of our mass mailing policy are the following:

  • Controlling mailing rates that stress systems.
  • Limit outbound message abuse.
  • Eliminating service degradations.
  • Mitigating the thousands of bounce messages in mail queues that delay mail delivery.
  • Mitigating invalid return address information.
  • Eliminating mass mailings during peak business hours.

Definition of Mass Mailing

“Opt-in” mailings are those email messages that are sent to more than 500 users by either Nine Planets customers or their third party partner to any group of end users. Opt-in means that the end user has signed up for the mailings voluntarily. “Opt-in” implies that the mailings are not Spam.

Reminder

Spam is defined as “unsolicited bulk email that includes advertisements or solicitations, commercial or otherwise, regardless of content.” Without exception, Nine Planets prohibits the practice of mass mailing unwanted email solicitations of any type, regardless of content, and will take action to prevent this practice.

Mass Mailing Requirements

Notification:

In order to have the sending restrictions lifted for a particular sender: Nine Planets requires 48 hours notice. The following information must be provided to our support team:

  • Customer name
  • Number of recipients
  • “From” domain
  • “Target” domain
  • Mailing subject
  • Mailing date
  • Mailing start and end times
  • Rate of mailing (maximum of 10 messages per second)
  • Valid “From”, “Reply-To”, “Return-Path” and “Error-To” addresses (please list the values used, if any)
  • Copy of the message content
  • Method for users to “opt-out” of mailings Mail send rate: mass mailings are done at a maximum rate of 10 messages/second. Delivery of mass mailings: (mass mailing sent by a domain, whether hosted or not hosted by Nine Planets, to domains that are hosted by Nine Planets) all mass mailings must be delivered through Nine Planets inbound MX machines.

Allowable send times: mass mailings must be started and completed between 9pm and 4am US Pacific Time. Valid “From”, “Reply-To”, “Return-Path” and “Error-To” headers. If the following values are included in your mail header, they must contain valid addresses, and each email address must accept any bounces at the rate that they occur:

  • “From”,
  • “Reply-To”,
  • “Return-Path”
  • “Errors-To”

Valid “Abuse contact”: customers who send or receive mass mailings MUST supply Nine Planets with an emergency abuse contact if there are any problems or complaints associated with the mailing.

Failure to comply with these conditions may result in:

  • Blocking of the mailing currently causing the problems or complaints.
  • Blocking of future mailings until the above requirements are satisfied. (Or until there is an agreement or special dispensation made by the Nine Planets Abuse Administrator).
  • If no “abuse contact” is provided to Nine Planets, Nine Planets reserves the right to block mailings without notifying the customer.