By submitting an online order form, or by using D9 Hosting's service, the Customer hereby agrees to the following Acceptable Use Policy (AUP). The Customer agrees that it shall comply with and require its end users to comply with this AUP, D9 Hosting's Terms of Service (TOS), D9 Hosting's No-Spam Policy (NSP), and D9 Hosting's 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. Introduction, Purpose, and General Terms.
1.1. This Web site gives you the ability to learn about D9 Hosting and its products and services as well as the ability to access our network and services (“D9 Hosting Services”). By using this site, and any other sites or services owned, operated, or provided by D9 Hosting, you signify your agreement to the terms, conditions and notices of this policy. “You” when used in the Agreement shall mean the D9 Hosting Customer of record and that D9 Hosting Customer’s end users.
1.2. This Acceptable Use Policy is used in conjunction with the terms of service (TOS), the No-Spam Policy (NSP), and the Privacy Policy. Violating any of these policies and agreements grants D9 Hosting the authority to take action to restrict or terminate your access to D9 Hosting Services. D9 Hosting reserves the right, at its sole discretion, to update or revise this policy, any other policy or statement on any D9 Hosting Web site, and any product offerings or programs described on any D9 Hosting Web site. Please check back periodically to review any changes to this policy.
1.3. This document sets forth the principles, guidelines and requirements of the Acceptable Use Policy of D9 Hosting (“Company”) governing the use by the Customer (“Customer”) of the Company’s services and products (“Services and Products”). The purpose of D9 Hosting's Acceptable Use Policy (the AUP”) is to comply with all international, federal, state, and local laws and to protect the network security, network availability, physical security, Customer privacy, and other factors affecting the services provided by D9 Hosting. D9 Hosting reserves the right to impose reasonable rules and regulations regarding the use of its services provided to all Customers and such rules and regulations are subject to change.
1.4. In order to maintain an informative and valuable service that meets the needs of the users of this site and D9 Hosting Services, the rules in this AUP have been established to protect against abuse. The AUP is not an all-inclusive, exhaustive list and D9 Hosting reserves the right to revise, amend, or modify the AUP at any time as needed, effective upon either the posting of the revised, amended, or modified AUP or notification to the Customer via e-mail to the e-mail address of Customer as set forth in the Service Descriptions.
1.5. Any violation of the AUP may result in the suspension or termination of your account or such other action, as D9 Hosting deems appropriate. No credits will be issued for any interruption in service resulting from violations of the AUP.
1.6. VIOLATION OF ANY SECTION OF THE AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM D9 Hosting.
1.7. Any questions or comments regarding the AUP should be directed to D9 Hosting by e-mail.
2. General Prohibitions.
2.1. You may not use this site or D9 Hosting's Services for any purpose that is unlawful or in any manner that could damage, disable, overburden or impair the operation of this site, the D9 Hosting Network, or D9 Hosting's Services, or any other party’s use or enjoyment of this site, the D9 Hosting Network, or D9 Hosting's Services.
2.2. Adult Content Prohibited on Shared, Multi Site, Reseller and VPS plans.
2.2.1. Adult-oriented sites demand special system, network, and bandwidth requirements. D9 Hosting does not accommodate those extraordinarily large requirements in its hosting plans. Therefore you may not use D9 Hosting's services for adult-oriented and pornography sites on Shared, Multi Site, Reseller and VPS plans. This includes sites that may include sexual content, or links to adult content elsewhere. We do allow the hosting of LEGAL adult content on our Dedicated Server plans.
2.2.2. Where allowed by applicable law, D9 Hosting does not prohibit you from posting a static Web page that meets all of the following criteria:
• the page merely advertises an adult service and provides information about how to contact the service offline, i.e., by telephone, facsimile, or postal mail and not via a link from a Web site that uses D9 Hosting's services;
• the page does not display any sexually explicit content and does not link to any Web page or site displaying any sexually explicit content; and
• the page does not require a user to log in with a username or password to access any of the Web site’s content.
2.2.3. In some jurisdictions, even the notice and advertisement of adult-oriented services may be illegal. It is your sole responsibility to learn the laws that govern what you are and are not allowed to post on your Web Site. As part of your agreement with D9 Hosting, you must comply with all such applicable laws.
However, D9 Hosting cannot and does not advise you or make any recommendations to you about the existence of any such laws in a particular jurisdiction. Nor does D9 Hosting advise you about how to comply with any such laws. Furthermore, laws vary throughout the world, so you should contact your legal advisor for more information and specific recommendations concerning the kinds of online materials that are legal in your region.
2.2.4. If you use D9 Hosting's service to publish any content that any applicable law deems “harmful,” “inappropriate,” or “unsuitable” for minors (persons under 18 years of age), then you must provide appropriate protection to prevent minors from accessing that content. Such protection is your sole responsibility because D9 Hosting does not censor the content of your Web sites and pages.
2.2.5. If you have a reseller account with D9 Hosting, you may not resell our hosting services to any clients or customers that sell adult content.
2.2.6. You may not use D9 Hosting's services to sell or solicit sales for any of the following items, products or services because they are or may be illegal in one or more jurisdictions where D9 Hosting's services are offered, or where they can be viewed through D9 Hosting's services:
• Online pornography or adult content for which a viewer must subscribe to access it,
• Adult content-related products or services (including X-rated videos, pictures, etc. especially of individuals under 18 years of age), and
• Obscene materials, as defined by law.
If we find any of your sites (or any of the sites of your customers, if you have a reseller account) to be selling any of the prohibited products or services, the offending accounts shall be subject to immediate account termination.
2.2.7. Shared accounts may not resell web hosting to other people, nor must they be used to host websites for other people, if you wish to resell hosting or host websites for others you must use a reseller account. Shared hosting accounts should be used to host your own websites only.
2.2.8. Shared accounts may not send bulk emails of any description.
3. Compliance with Law.
The Customer shall not use D9 Hosting's Service or any other service or network to post, upload, transmit, retransmit, store, distribute or facilitate the distribution of any content, including without limitation text, communications, software, images, sounds, data, or other information that, in D9 Hosting's sole discretion:
3.1. violates, attempts to violate, or helps any third party to violate any national or international law, ordinance, or regulation,
3.2. is threatening, obscene, indecent, pornographic, abusive, harassing, libelous, defamatory, deceptive, fraudulent, invasive of another’s privacy, tortious, inaccurate, or that otherwise could adversely affect any individual, group or entity (collectively, “Persons”),
3.3. threatens or encourages bodily harm or destruction of property,
3.4. harms any person,
3.5. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, sex, sexual orientation, race, ethnicity, national origin, immigration status, age, disability, or any other reason,
3.6. is posted in violation of a newsgroup charter,
3.7. contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer,
3.8. violates any terms or conditions of any other network access provider or Internet service provider,
3.9. violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” information content or data or other software products that are not appropriately licensed for use by Customer. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products,
3.10. adds, removes, or modifies identifying network header information in an effort to deceive or mislead any person. Additionally, attempting to impersonate any person by using forged headers or other identifying information is prohibited. However, the use of anonymous remailers or nicknames does not by itself constitute impersonation, unless such use is made with the intent to deceive, defraud, or mislead any person or to violate any applicable laws or regulations,
3.11. collects, attempts to collect, or helps any third party to collect personal information about third parties without their knowledge or consent or in a manner that violates applicable laws concerning privacy,
3.12. has a negative effect on D9 Hosting or its network (including, without limitation, overloading servers on the D9 Hosting Network; causing portions of the D9 Hosting Network to be blocked by other network providers; generating unresolved third party complaints or complaints which, in the discretion of D9 Hosting, impose an unreasonable administrative burden on D9 Hosting; etc.), or
3.13 violates the prohibition on terrorist content and activities described below.
Terrorist Content Prohibited.
(A) involves an act that -
(i) is dangerous to human life or potentially destructive of critical infrastructure or key resources; and
(ii) is a violation of national and international criminal laws of the United Kingdom and the United States; and
(B) appears to be intended -
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by intimidation or coercion; or
(iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping.”
You may not use D9 Hosting's services to do any of the following acts by any means:
(i) engage in terrorism,
(ii) solicit any other individual or organization to engage in terrorism,
(iii) conspire with any other individual or organization to engage in terrorism,
(iv) help any other individual or organization to engage in terrorism, or
(v) knowingly engage in commerce with any of the following individuals or organizations
(vi) helping terrorists or suspected terrorists by giving them money, material, or technology; or
(vii) associated otherwise with terrorists or suspected terrorists.
(viii) transactions that avoid or attempt to avoid the prohibitions of the Executive Order; and
(ix) knowingly engage in transactions or dealings in money, goods, or services with terrorists, suspected terrorists, or terrorist organizations; or
(x) make donations to terrorists and suspected terrorists.
4. System and Network Security.
Violations of system or network security are strictly prohibited, and may result in criminal and civil liability as well as termination of services from D9 Hosting. D9 Hosting investigates all incidents involving such violations and will cooperate with law enforcement if a violation of the criminal law is suspected.
You are responsible for any misuse of your account, even if a friend, family member, guest, agent, or employee committed the inappropriate activity while using your account. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach the security of another D9 Hosting account or attempt to gain unauthorized access to another network or server.
Examples of system or network security violations include, without limitation, the following:
4.1. Introduction into the network or server of any malicious program (examples: viruses, worms, Trojan Horses, logic bombs, and other executables intended to inflict harm).
4.2. Introduction into the network or server of any self-extracting file or program containing any malicious program as specified in Section 4.1 of this AUP.
4.3. Introduction into the network or server of any data, parameter, configuration, template, or control files for software applications that contain destructive macros or other malicious code.
4.4. Introduction into the network or server of any encrypted or compressed file or archive such as .zip or .gz files that contains any malicious program as specified in paragraphs 4.1 through 4.3 of this AUP.
4.5. Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient, logging into a server or account that the Customer is not expressly authorized to access, or exceeding the access to a server or account that has been granted to the Customer. For purposes of this section, “disruption” includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing, and forged routing information.
4.6. Executing any form of network activity that will intercept data not intended for the Customer.
4.7. Circumventing user authentication or security of any host, network or account.
4.8. Interfering with or denying service to any user other than users of the Customer’s host (examples: denial of service attack or distributed denial of service attack).
4.9. Using any program script/command, or sending messages of any kind such as a punter, designed to interfere with or to disable, a user’s terminal session, via any means, locally or via the Internet.
4.10. Attempting to use or gain unauthorized access to data, accounts, hosts, servers, systems or networks of this site, or to probe, scan or test the vulnerability of a system or network of this site, any D9 Hosting Services or those of any other party.
4.11. Interfering with service to any user, host or network including, without limitation, mail-bombing, flooding, or attempting to overload the system.
4.12. Forging any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
4.13 Falsifying address information or otherwise modifying e-mail headers to conceal the sender’s or the recipient’s identity.
5. Internet Etiquette.
The Customer agrees to observe and abide by reasonable Internet etiquette (Netiquette). The Customer shall comply with the rules appropriate to any network to which D9 Hosting may provide access. The Customer should not post, transmit, or permit Internet access to information the Customer desires to keep confidential. The Customer shall not post any material that is illegal, is libelous, is otherwise tortious, indecently depicts children, or is likely to result in retaliation against D9 Hosting by offended users. D9 Hosting reserves the right to refuse or terminate service at any time for violation of this section. This includes, but is not limited to, advertising services or sites via Internet Relay Chat (IRC) or USENET in clear violation of the policies of the IRC channel or USENET group.
6. Child Pornography.
D9 Hosting will co-operate fully with any criminal investigation into a Customer’s violation of the Child Protection Act of 1984 concerning child pornography, or any other applicable international, federal, state, or local law that prohibits child pornography. Customers are ultimately responsible for the actions of their clients over D9 Hosting network, and shall 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
7. Resource Usage.
You agree to not use excessive amounts of resources. Any violations may result in us taking corrective action in order to maintain server stability by killing any processes, disabling and/or suspending your account.
7.1 Shared and reseller hosting accounts are limited to 100% of 1 CPU core, 1 GB of RAM, 20 concurrent running processes and 200,000 inodes. Accounts that go over these limits may be temporarily limited.
8. No Editing, Censoring, or Control of Communications; Reservation of Rights.
Your participation in online communication or use of any D9 Hosting service is not edited, censored, or otherwise controlled by D9 Hosting. However, D9 Hosting reserves the right to monitor content on this site and on any D9 Hosting servers, networks, or systems and to remove content, disable sites, or suspend or terminate services if D9 Hosting, in its sole discretion, determines such content or user practices are harmful, offensive, or otherwise in violation of it Acceptable Use Policy.
9. Export Control Laws.
Exporting encryption software over the Internet from the United States of America to countries other than the United States of America and Canada violates United States law, unless you have a license to do so from the Bureau of Industry and Security in the United States Department of Commerce. You are solely responsible for determining whether any of your software or other information contains encryption software and whether you require a license to export your software or information. You are also solely responsible for complying with all applicable laws governing the export of encryption products. For additional information, you may wish to visit the Bureau of Industry and Security’s Web site at:
http://www.bis.doc.gov/Encryption/
10. International Use.
D9 Hosting makes no representation that materials available on this site or any or through any D9 Hosting service are appropriate or available for use in locations outside the United States, and accessing them or using them from territories where their contents are illegal is prohibited. Customers and their users who access this site or any site hosted by D9 Hosting from locations outside the United States of America are solely responsible for compliance with all applicable local laws and regulations. Moreover, to the extent allowed by law, Customers agree to defend, indemnify, and hold harmless D9 Hosting, its parents, subsidiaries, partners, joint venturers, employees and agents, and all their respective heirs, successors, and assigns for any acts of Customer or Customer’s users that may violate any applicable law.
11. Intellectual Property Rights.
11.1. All D9 Hosting Web site design, text, graphics and the selection and arrangement thereof are the copyrighted work of D9 Hosting © 2007. All rights reserved. If any page, information, or content is copied, it may only be copied for non-commercial uses that are explicitly allowed under the Customer’s Agreement with D9 Hosting or by law, and D9 Hosting shall, in any event, retain all copyright and other proprietary interests in said page, information, or content.
11.2. You acknowledge and agree that copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws protect all content and materials available on this site or through any D9 Hosting service. Nothing on any D9 Hosting Web site shall be interpreted or implied in such a way as conferring any license or right to any intellectual property rights or license to any intellectual property, content, technology, system, process, or related material belonging to D9 Hosting by virtue of it being displayed or made accessible on any D9 Hosting Web site. Except as expressly authorized, you agree not to use this site or any D9 Hosting Services in any manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you may access, receive or make available through this site or any D9 Hosting Services.
11.3. If you use a domain name or content in connection with the D9 Hosting Web hosting, or any other Web hosting service, you agree not to use that domain name or content in any way which violates any trademark, service mark, or similar rights of any third party. Specifically, and without limitation, you agree that you will not engage in, attempt to engage in, or conspire with others or solicit others to engage in any cybersquatting or domain name hijacking,
11.4 D9 Hosting's data center infrastructure including all hardware, software, and telecommunications facilities located in its data center may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of any United States or state regulation or law or the common law, or any applicable foreign or international law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, patent, trade secret, or other intellectual property rights.
11.5. Creating, utilizing, or distributing unauthorized copies of software or other information content is a violation of international, federal, and state law. If you copy, distribute, or install software or other information content in ways that the license to use that content does not allow, you are violating federal copyright law and international copyright law. D9 Hosting will cooperate with all law enforcement agencies in relation to alleged copyright infringement based on content housed in our data centers.
12. Customer’s Grant of Limited License to D9 Hosting; Warranties on Content.
By posting or submitting content to any D9 Hosting Web site or server, you:
12.1. Grant D9 Hosting a limited license to transmit, copy, store, back up, and retrieve the content, solely for the purpose of providing you with the services you are purchasing under your Agreement with D9 Hosting;
12.2. Acknowledge that you are placing data on servers, networks, and systems that reside physically in the United States. Such servers, networks, and systems are governed by United States law and not by the laws of other jurisdiction. As such, your rights to privacy are governed by United States law and the D9 Hosting Privacy Policy. By ordering or using D9 Hosting's services, you explicitly consent to this provision regarding privacy.
WHILE D9 Hosting WILL MAKE REASONABLE EFFORTS TO PROTECT THE PRIVACY OF YOUR INFORMATION AND TO COMPLY WITH UNITED STATES LAW, PLEASE BE ADVISED THAT YOUR PRIVACY RIGHTS AVAILABLE UNDER UNITED STATES LAW AND THE D9 Hosting PRIVACY POLICY MAY BE LESS THAN THOSE GUARANTEED BY THE LAWS OF THE COUNTRY WHERE YOU RESIDE.
12.3. Warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by D9 Hosting does not and will not infringe or violate the rights of any third party; and
12.4. Agree to defend, hold harmless, and indemnify D9 Hosting for any claims of any third party resulting from the public posting or use of your content.
13. IP Allocation.
D9 Hosting administers an Internet network on which multiple Customer servers reside. Customers shall NOT use Internet protocol (IP) addresses that were not assigned to them by D9 Hosting staff or network administrators.
14. Restrictions on Use of D9 Hosting Services.
14.1 You may not operate Internet Relay Chat (“IRC”) servers using D9 Hosting's services.
14.2. You may not run any IRC robot on any IRC server that might interfere with the Services or otherwise violate this AUP. When logged into any IRC server, you must comply with the rules and policies established by that IRC’s service administrator.
14.3. You must not use any programs that may or will interfere with another’s use of this site or any D9 Hosting Services.
14.4. You may not run any background processes on the D9 Hosting servers, networks, or systems without prior written authorization from D9 Hosting.
14.5. You may not use any D9 Hosting services to send denial-of-service (DOS) attacks to any computer or network, or to “flood” any computer or network.
14.6. You may not host any type of HYIP, autosurf, proxy, or bit torrent on D9 Hosting servers.
14.7. You may not use any D9 Hosting services to make available to third parties for any use other than normal access to that account's Web site.
14.8. You may not use our service to offer any free services including but not limited to free hosting, free email service, free blogging service, free home pages, free image hosting.
14.9. You may not use our service to host software download websites or the serving of file downloads. Any websites with bandwidth usage or disk usage consisting mainly of downloads will be suspended.
14.10. You may not use our service as an offsite file storage server. Any use of D9 Hosting services is strictly intended for that account's web site only.
14.11. D9 Hosting reserves the right to add further restrictions to Customers’use of the D9 Hosting Services if such further restrictions are reasonably necessary to keep its hosting service operating efficiently for all users.
15. Suspension and Cancellation.
D9 Hosting reserves the right to suspend service to any Customer or who is using our network or services for violation of the AUP, the NSP, the Privacy Policy, or the TOS. D9 Hosting will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference as reasonably possible. D9 Hosting reserves the right to terminate service without notice for continued and repeated violations of the AUP, the NSP, the Privacy Policy, or the TOS.
16. Notices Regarding Violations of AUP and Intellectual Property Rights.
16.1. The D9 Hosting Agreement and all its components prohibit acts of copyright and trademark infringement and other unlawful behavior by D9 Hosting Customers. D9 Hosting takes Customer violations seriously and will investigate complaints and, where appropriate, may remove content, disable sites, suspend or terminate services, or take other action as necessary.
16.2. General Complaints: Please send reports of any activity in violation of this Acceptable Use Policy to us by email. If possible, please provide the IP address used to commit the violation, the date and time of the violation, and evidence of the violation. D9 Hosting will reasonably investigate incidents involving such alleged violations. D9 Hosting may involve and will cooperate with law enforcement officials if any criminal activity is suspected. Violations may result in criminal and civil liability.
16.3. Copyright/Trademark Infringement Complaints: If you believe that your copyright or trademark has been used by a D9 Hosting subscriber without permission, such that the use may constitute infringement of your intellectual property rights, please contact us via email.
17. Miscellaneous.
All monetary amounts to which this Agreement refers shall be in United States Dollars.
18. Revisions.
D9 Hosting may revise this Acceptable Use Policy without prior notice. You are responsible for reviewing the online Acceptable Use Policy from time to time to stay up-to-date with any changes.
