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No Spam Policy

1. D9 Hosting No-Spam Policy (NSP).

1.1. The Customer shall comply with all the terms and conditions of D9 Hosting's No-Spam Policy (NSP) as described in this Section 1. Violation of the NSP shall be deemed a violation of the Acceptable Use Policy (AUP) and of the Customer’s Agreement with D9 Hosting.

1.2. At D9 Hosting, we are committed to providing valuable hosting services to our valued customers.

1.3. An important part of D9 Hosting's mission is to be a respected and responsible member of the business and Internet communities. We take seriously our role in protecting our customers and the general public from nuisances such as “spam.” This section describes our NO-SPAM Policy. Please read it carefully, because it contains important information and because it is a material part of your Agreement with D9 Hosting.

1.4. To report any spam you receive that identifies itself as coming from the servers or claims to be related to D9 Hosting in any way, please send an e-mail message to us. In your message to us, please include a complete and accurate copy of the message that you consider to be spam, along with full message headers and routing information for e-mail, a message board provided by a Web site or an online service, Usenet, interactive chat message, or instant message service, as the case may be.

1.5. Definition of Spam.

Unsolicited commercial e-mail and electronic messages are colloquially referred to as “spam.” Other common names for spam include “spam e-mail,” “junk e-mail,” “bulk e-mail,” “direct e-mail,” and “mass e-mail.” Spam is the electronic equivalent of the direct mail you receive in your postal mailbox frequently. In its most general terms, and as used in this NO-SPAM Policy (the “Policy”), spam is:

a commercial e-mail message or other electronic message, including, but not limited to, messages that are:

• posted to an electronic mailing list (other than an “opt-in” e-mail list as described below),
• posted on an online bulletin board system or Web-based message board system or “guest book”,
• posted to a Usenet newsgroup,
• posted to the common area of an online community, group, or club,
• posted in a chat room,
• posted in a message board of a commercial online service (such as America Online),
• posted to a Weblog (“blog”),
• sent via an instant message system (such as ICQ, Yahoo! Pager, Yahoo! Instant Messenger, or AOL Instant Messenger),
• sent through e-mail or another Internet means of communication when the message’s ultimate destination is a facsimile (“fax”) machine, cellular or wireless telephone, or wireless device,
• a commercial e-mail message or other electronic message that is addressed to one or more recipients with whom you do not have an pre-existing business or personal relationship,
• a commercial e-mail message or other electronic message that is sent to a mailing list of addresses that you purchased or that were otherwise distributed, or any list of e-mail addresses whose owners did not sign up for your specific mailing list, including without limitation lists commonly known as “affiliate lists,”
• a commercial e-mail message or other electronic message that is not sent at the request of, or with the express consent of, the recipient(s),
• a commercial e-mail message or other electronic message that is sent to a recipient who has opted out of receiving further commercial electronic messages from you, or
• a commercial e-mail message or other electronic message that contains forged headers, compromised mail server relays, or false contact information.

For purposes of this Policy, spam also includes any e-mail or other electronic message that is sent in violation of any applicable Federal, state, or local law regulating unsolicited commercial e-mail, unsolicited fax transmissions, or any other type of unsolicited commercial electronic message, regardless of whether that message fits the definition of “spam” provided above.

1.6. “Opt-in” E-mail Lists.

Please note: messages sent to “opt-in” e-mail lists are not spam, for purposes of this Policy, provided that those messages meet all of the following criteria:

• the messages are sent to an “opt-in” e-mail list in which ALL subscribers have VOLUNTARILY agreed to receive announcements and advertisements about products and services;
• the messages STRICTLY COMPLY with ALL the requirements and regulations of the “opt-in” e-mail list; and
• upon request of any subscriber to the “opt-in” e-mail list, you immediately stop sending that subscriber any e-mail regarding your products and services.

If you choose to use an “opt-in” e-mail list, please be aware that D9 Hosting will consider ANY violation of the requirements or regulations of such any third party provider of software or services for such a list to be a violation of this NO SPAM Policy.

If you choose to use an “opt-in” e-mail list any emails sent to this list via the D9 Hosting servers must be sent using a VPS or a Dedicated Server. No mass mails be they opt-in or otherwise should be sent from Shared, Reseller or Multi Site Hosting plans.

Furthermore, D9 Hosting reserves the right to prohibit “opt-in” e-mail lists in the future if such a prohibition is reasonably necessary to keep its hosting service operating efficiently for all users.

1.7. Zero Tolerance for Spam.

D9 Hosting will not tolerate any spamming by any of its Customers. This prohibition of spam extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of D9 Hosting's services whether or not the message actually originated from our network.

Violation of this NO-SPAM policy will result in D9 Hosting taking one or more of the following actions:

A warning via e-mail or telephone,

Suspension of your site until furthur notice,

Removal of DNS for the advertised/originating site, or

Temporarily blocking outgoing mail from your site.

Repeated violation of this NO-SPAM policy will result in immediate disconnection of service with no re-activation.

D9 Hosting reserves the right to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from being sent from or transmitted through the D9 Hosting Network.

PLEASE NOTE: The transmission of spam, including the transmission of counterfeit e-mail, may result in civil and criminal penalties against the sender, under various federal, state, and local laws and regulations, including the federal CAN-SPAM Act of 2003.

1.8 Indemnification of D9 Hosting.

You agree to defend, hold harmless, and indemnify D9 Hosting from any harm or damages whatsoever resulting directly or indirectly from your engaging in any spamming practices or from your violation of any of the terms of this NO SPAM Policy.

1.9 Mailing Limits

You may not send more than 150 emails per hour. Any emails sent over this limit will be discarded.

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