By submitting the online order form, or by using D9 Hosting's service, the Customer hereby agrees to D9 Hosting’s Terms of Service (TOS), Acceptable Use Policy (AUP), No Spam Policy (NSP), and Privacy Policy.
The usage of “us”, “we”, “our”, and “ours” shall refer to D9 Hosting and all its parents, subsidiaries, successors, and assigns. The usage of “you”, “your”, “they”, and “them” shall refer to the Customer of D9 Hosting.
Unless otherwise specified, in this TOS, the AUP, the NSP, and the Privacy Policy, references to "we", "us" and "our" are references to D9 Solutions Ltd (trading as D9 Hosting) registered in England (company registration number 06879688).
The terms "you" and "your" refer to any individual, company or business to whom we provide our Services as specified in the online customer order form including a person reasonably appearing to us to act with your authority.
In these conditions the following words and expressions shall have the following meanings:
"Commencement Date" means the date of our acceptance of your order as notified to you under our account activation notice;
"Contract" means any contract between us and you for the supply of Services incorporating these conditions;
"Domain Names" means Internet addresses which have been registered with the central registration authorities on the Internet on your behalf;
"Gigabyte" means 1,073,741,824 bytes or characters of information;
"hosting" means the making available of your Domain Name on the Internet;
“Internet” means the network of interconnected e-communications and computer systems connected by internet protocol numbers;
"Megabyte" means 1,048,576 bytes or characters of information;
"Renewal Date" means the day following the end of the first billing period specified in the online customer order form and the day following the end of the relevant billing period from time to time;
“Services” the internet services to be provided by us to you as specified in the online customer order form together with any other services which we provide, or agree to provide, to you;
"Upload" means to transfer computer files to our computer system for publication on the Internet or WWW;
"Web Site" means the area on our computer system allocated to you for the purpose of this Contract;
"WWW" means World Wide Web service available on the Internet;
A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
Condition headings do not affect the interpretation of these conditions.
Any words in the singular include the plural and vice versa.
The Customer agrees that it shall comply with this TOS, D9 Hosting’s Acceptable Use Policy (AUP), and D9 Hosting’s No-Spam Policy (NSP). The Customer further agrees that it has read D9 Hosting’s Privacy Policy and agrees to all the terms and conditions in the Privacy Policy. In this document, the word “Agreement,” with a capital “A,” refers to the TOS, the AUP, the NSP, and the Privacy Policy collectively.
1. General Terms
In consideration of hosting services to be delivered, the Customer agrees to be bound by the following terms and conditions:
1.1. The Customer agrees to pay, in advance of each service term, for hosting services to be rendered.
1.2. The Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes that may require the Customer to order D9 Hosting's service for a certain minimum period of time.
1.3. The Customer agrees to a no-refund policy in advance, with the exception of the 30-day money back guarantee which applies to the first 30 days the service was first purchased. Setup fees and monthly web hosting service fees are non-refundable, as are Dedicated Server and VPS fees in the first month, as these have to be specially ordered and built.
1.4. Non-Payment of services shall result in a 5-day notice of disconnection. All payment failures must be cured within 5 business days from invoice due date or account will be suspended. Account termination will result from invoices overdue for 30 days.
1.5. D9 Hosting is not and shall not be responsible for data integrity for any accounts that are terminated, disconnected, or interrupted because of the Customer’s failure to pay for D9 Hosting's services.
2. Agreement for Services
2.1. D9 Hosting will provide, and the Customer will purchase and pay for, the Web hosting services (the “Services”), according to the service fees specified in the Order for the applicable Service Description. The Customer acknowledges that the service, and service fees have been communicated to the Customer, and that the Customer is aware of all applicable charges as per the Agreement. The Customer also understands that no promotional offers will apply to their individual service unless said promotional offers are specified in this Agreement.
2.2 Subject to any variation under conditions 2.3 or 2.4 the Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which you purport to apply under any order, confirmation of order or other document).
2.3 Any variation to these conditions and any representations about the Services shall have no effect unless expressly agreed in writing and signed by our authorized representative on our behalf. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in this Contract. Nothing in this condition shall exclude or limit our liability for fraudulent misrepresentation.
2.4 We reserve the right to alter or amend our terms and conditions by giving you fourteen days' prior notice by email and by displaying the notice on the our web site in the Terms and Conditions section. If you do not want to accept any new conditions you must inform us immediately by emailing us at [email protected] otherwise you will be deemed to have accepted such new conditions.
2.5 Your order for Services from us shall be deemed to be an offer by you to buy the Services subject to these conditions.
2.6 No order placed by you shall be deemed to be accepted by us until an account activation notice is issued by us.
2.7 You shall ensure that the terms of your order are complete and accurate.
2.8 Any date proposed either by you or us for the provision of the Services is to be treated as an estimate only and we accepts no liability for any failure to meet it.
3. Registration of Domain Name(s)
3.1 D9 Hosting does not accept responsibility nor does it make any warranty that the domain names(s) requested by the Customer will be accepted for registration in the register of the Naming Organisation nor will it be liable for any costs of the Customer incurred if the application for Registration is unsuccessful. D9 Hosting does not accept responsibility for any liability to third parties for breach of their Intellectual Property Rights in relation to the domain name(s) requested by the Customer.
3.2 Upon successful Registration D9 Hosting will host the Customer's domain name(s) for the Initial Registration Period and for such time as it remains validly registered to the Customer subject to such rules of the respective Naming Organisation as may be in force from time to time.
3.3 Notwithstanding Clause 3.2, D9 Hosting reserves the right to suspend or cancel any application for Registration or refuse to host a domain name(s) in the circumstances of any breach of our AUP
3.4 Once we fulfill your domain order we shall notify you of the successful registration of the domain name(s).
3.5 We will host your domain name(s) for the initial pre-paid registration/billing period and for all future registration/billing periods. Your account will be automatically charged at the beginning of each registration/billing cycle, for the entire cycle. Registration/billing cycles will continue automatically, except at which time you cancel the package or move the domain(s) from D9 Hosting.
3.6 The Customer acknowledges that any disputes arising out of the use of its domain name(s) requested by the Customer will be resolved for .uk domains in accordance with the Nominet UK Dispute Resolution Service which can be accessed http://www.nic.uk/ref/drs.html and for .com, .net and .org as well as .info, .biz and .name domains in accordance with the UDRP which can be accessed http://www.icann.org/udrp/udrp.htm which may impose restrictions on the termination or transfer of a domain name(s) with its current host during or pending the settlement of such a dispute.
3.7 Subject to no fees being owed to D9 Hosting the Customer shall be permitted to transfer his domain name(s) to another host other than D9 Hosting upon termination of this Agreement
3.8 You acknowledge and agree that D9 Hosting or its agents, assignees or licensees may, upon registration of your domain name, associate any data of any kind, in D9 Hosting's sole discretion, with the Domain Name registered in association with Your Web Site or any URL incorporating said Domain Name until you replace such data with the Web Site. This paragraph shall apply to any and all web pages generated by D9 Hosting, whether in connection with HTML standard response codes or otherwise, including but not limited to 404 error pages.
4. Payment.
4.1 Charges are payable in advance depending on the Service purchased as set out in the online customer order form and time for payment shall be of the essence. It is a condition of the provision of our Services that a regular credit or debit card payment agreement is in force for the duration of this Contract and you agree to either update your details yourself via the control panel or to inform us of any change to your credit card or contact details.
4.2 You shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by us to you.
4.3 All payments payable to us under the Contract shall become due immediately on its termination despite any other provision.
4.4 Without prejudice to our other rights we reserve the right to charge daily interest on all outstanding amounts from the due date until payment is received in full at the rate equal to 4% per annum above the Bank of England base lending rate as current from time to time whether before or after judgement. Interest shall continue to accrue notwithstanding termination of this Contract for any cause whatsoever. We reserve the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
4.5 Value added Tax where applicable will be added at the appropriate rate to the total of all charges shown on your invoice.
4.6 Whether payment is by credit card or debit card or by PayPal, you expressly authorise us to charge recurring billing by such method until we receive from you a completed account cancellation notice or the Services end.
4.7 If you dispute any payment made to us you shall contact us immediately to discuss repayment. In the event that you submit an unjustified chargeback or dispute with PayPal, then the following shall be due and payable by you within 7 days for each instance of a chargeback:
4.7.1 The charges due and payable by you for the Services used in the period covered by the chargeback; and
4.7.2 Such chargeback costs as are levied upon us by your bank or credit card company; and
4.7.3 A chargeback administration fee of $400; and
4.7.4 Our reasonable costs and losses incurred in recovering the above-mentioned fees including debt recovery costs, legal fees and debt collection costs.
4.8 In the event of an unjustified chargeback our right to terminate this Contract shall apply
4.9 Establishment and provision of service is contingent upon receipt of payment from The Customer to D9 Hosting.
4.10 The Customer must pay in full for the Services before D9 Hosting begins to provide the Services to the Customer. Invoices are generated 14 days before renewal and the customer agrees that if paying by credit card, recurring billing will be billed and charged automatically on the date the invoice is generated and that D9 Hosting may apply the amount due at any time to the credit card listed on file.
4.11 Setup fees will be charged and are due at the time of the the Customer’s initial request of the Services requiring setup.
4.12 Payment is due on the defined contract period. Accounts that are not collectable by D9 Hosting will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay to D9 Hosting a “Processing and Collection” Fee
4.13 No refunds can be given for overpayments and duplicate payments made by the Client in error. These will be added as a credit to the Client's account. Credits will be used to offset purchases of products and services.
5. Delinquent Accounts
D9 Hosting may temporarily deny service or terminate this Agreement upon failure of the Customer to pay charges when due. Such termination or denial will not relieve the Customer of responsibility for the payment of all accrued service fees, and any collection fees to which D9 Hosting may be entitled under this Agreement or under applicable law.
6. Account Cancellation
6.1 Customers may voluntarily cancel their hosting account at any time, for any reason or for no reason. You must notify us of termination by opening a Support Ticket and requesting and completing an account cancellation notice.
6.2 A cancellation notice must be received prior to the relevant Renewal Date in order for a cancellation to be effective and processed prior to a renewal payment being taken. Unless notice is received prior to the next Renewal Date this Contract shall automatically renew for the period covered by the issued renewal notice and no refund will be payable to you and you will remain liable for all charges to the end of the Contract period
6.3 Once a Customer has cancelled their hosting account before the renewal date, no more charges will be billed to the account, with the exception of domain name registration if the term extends beyond the hosting term.
6.4 6.4 PayPal paying customers cancelling their PayPal subscription/agreement payment does not warrant cancellation of service. All cancellations must be submitted through a Support Ticket.
6.5 D9 Hosting does not provide pro-rata refunds or any other kinds of refunds on cancellations. All fees the Customer has paid shall be non-refundable.
6.6 Customers who have a PayPal subscription/agreement set up to pay hosting fees periodically are responsible wholly for cancelling said subscription/agreement on cancellation of hosting. D9 Hosting do not have access to Clients' PayPal accounts to do this. Only the Client can set up a PayPal subscription/agreement and cancel this. There is a clear reminder to do this in the automated cancellation confirmation email sent to the Client once the cancellation instructions have been completed. If PayPal continues to send payments to D9 Hosting per a live subscription/agreement, refunds will only be made providing we have received a valid, recorded cancellation request previously. Refunds made due to the Client's error in not cancelling a PayPal subscription/agreement at the time of cancellation will be subject to a £7.00/$10.00 administration fee per transaction. Disputes filed with PayPal due to Client error in cancelling a Paypal subscription/agreement will be subject to a £15.00/$20.00 administration fee per transaction, to cover the extra administration costs of dealing with the dispute.
7. Refunds and Disputes
All payments to D9 Hosting are non-refundable after the initial 30-day money back guarantee has expired. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported via a Support Ticket within thirty (30) days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as charge-backs, which, in D9 Hosting's sole discretion, are invalid under the terms and conditions of this Agreement, will result in service interruption, and reconnection fees to restore the desired service.
Invoices that have been paid more than once in Client error, either manually, or with multiple Paypal Subscriptions/Agreements can only be added as credit towards the account and cannot be refunded via Paypal. Credits can be used to purchase other D9 Hosting services and products, such as domain names, SSL certificates etc, or they can be used to pay any future hosting subcription fees.
Without waiving any of its other rights under this Agreement, D9 Hosting offers to its Customers a 30-day money-back guarantee on fees for shared hosting services only (the “30-Day Guarantee”). Dedicated servers and virtual private servers are excluded from the 30-Day Guarantee, as they have to be specially ordered and built to specification. If for any reason you cancel your shared hosting account by submitting a Support Ticket to D9 Hosting, within thirty (30) days of the beginning of your service, D9 Hosting will refund your money with no questions asked; provided, however, that you have never previously obtained a refund under the 30-Day Guarantee. If you have ever previously obtained a refund under the 30-Day Guarantee, your account will be cancelled, but no money will be refunded to you.
Please note that the amount refunded to you will be the amount you paid for shared hosting services only, and will not include any of the following:
° Setup fees,
° Fees for domain name registrations
° Fees charged for exceeding your allotted disk storage space or bandwidth
° Fees for ordering and building dedicated servers and VPS
° SSL Certificate Fees
° Web design fees
° Web site marketing fees
° Free Website Transfer Service - this will no longer be free and will be charged if the 30-day money back guarantee is used
° Any add-on services, features, software and
° Any other fees for services involving a third party
The 30-Day Guarantee is subject to all of the following limitations:
° You are entitled to a maximum of one (1) 30-Day Guarantee.
° If you do not cancel your account within thirty (30) days of the beginning of your service, your right to the 30-Day guarantee shall expire forever and may not be revived under any circumstances, without the prior express written approval of D9 Hosting.
° You may not transfer or assign the 30-Day Guarantee to any third party
° You agree that you will not circumvent the restrictions on the 30-Day Guarantee described in this document, or attempt to circumvent those restrictions by any means, including, but not limited to, the following actions:
° Creating multiple accounts, using the same customer name or different customer names;
° Canceling your account for the sole purpose of obtaining a refund and then registering for a new account;
° Organizing multiple business entities or using assumed business names for the purpose of circumventing these restrictions;
° Knowingly providing false or misleading information when you register for your account; or
° Requesting a refund under the 30-Day Guarantee at any time after you have already received a refund under that guarantee.
Free Domain Names:
° If Subscriber registers any domain name as part of a "Free Domain Name" promotion in connection with the registration, Subscriber's refund will be reduced by the current regular cost of the domain name as advertised on the D9 Hosting website. Subscriber will retain full ownership and control of any such domain names until the end of the registration period.
Free domains are for the first year only. Client must pay for renewal thereafter
If you violate any provision of any of the following policies of D9 Hosting, you will not be eligible for the 30-Day Guarantee:
° Terms of Service (TOS);
° Acceptable Use Policy (AUP); or
° No-Spam Policy(NSP)
Changes to your service, including, but not limited to, adding new services, removing services, or changing the type of hosting plan you have do NOT make you eligible for an additional 30-Day Guarantee. The 30-Day Guarantee applies from the date of your first order of Web hosting services from D9 Hosting and does not apply to any changes to your service at any time.
8. Violations
The Customer agrees not to engage in any activity that violates any laws applicable to the service terms described in this Agreement.
9. Our Rights
D9 Hosting reserves the right to discontinue service to any Customer it deems, in its sole discretion, violates any condition of service including, but not limited to, the following:
9.1. the Acceptable Use Policy, or
9.2. the No-Spam Policy
10. Backups
10.1. In order to allow us to provide the best service to you, D9 Hosting Shared, Reseller and multi site accounts are backed up weekly. However, these backups are intended for D9 Hosting's administrative purposes only, to allow us to provide excellent service to our customers. As part of its commitment to first-rate customer service, D9 Hosting always seeks to create complete and accurate backups of customer accounts. Virtual Private Servers (VPS) are backed up once per week but these backups are intended to help us get back online in event of a total system failure and shouldn't be relied upon for individual file restorations. Dedicated Servers are not backed up by default but backup solutions can be offered on a per server basis, either by adding an additional backup drive to the server or by purchasing external backup space.
10.2. Even the best and most complete and redundant backup systems can and do fail for a variety of reasons, despite the best efforts of the Web hosting service. THEREFORE, D9 Hosting DOES NOT GUARANTEE THE AVAILABILITY, COMPLETENESS, CURRENCY, OR INTEGRITY OF THESE BACKUPS OR THE DATA THEY CONTAIN. Consequently, you must not rely upon the availability, completeness, currency, or integrity of these backups.
10.3. Customers are responsible for maintaining their own backups on their own personal computers or other computers. Account backups can be generated from the customers cPanel by clicking on the "Backup" icon. Any cPanel generated backups saved to the customers home directory should be downloaded to the customers local computer and then removed from the web space. Shared hosting accounts must not be used to store backup files, and D9 Hosting reserves the right to remove cPanel generated backup archives that have been on the server for 5 days or more.
10.4. D9 Hosting does not provide any sort of compensation for lost, inaccurate, incomplete, or outdated data in the event that D9 Hosting's backups do not function properly, regardless of the reason(s) for any such malfunction, even if the malfunction was due to the fault or negligence of D9 Hosting or any of its employees or agents, and regardless of whether D9 Hosting had been informed of the possibility of such malfunction, or any fault or negligence that might cause it.
10.5. In the event that you need to recover data from a backup, D9 Hosting will use reasonable efforts to restore data to your account from the appropriate backup. HOWEVER, PLEASE NOTE THAT THIS SERVICE IS INTENDED TO COMPLEMENT YOUR OWN BACKUPS TO YOUR OWN COMPUTER, AND IS NOT A SUBSTITUTE FOR THOSE BACKUPS. AGAIN, D9 Hosting DOES NOT GUARANTEE THE AVAILABILITY, COMPLETENESS, CURRENCY, OR INTEGRITY OF ITS BACKUPS.
10.6. You understand and agree that D9 Hosting's backup policy does not create any warranties for whose breach D9 Hosting can be held liable.
10.7 Customer agrees to defend, indemnify, and hold harmless D9 Hosting, and the parents, subsidiaries, successors, assigns, employees and agents of D9 Hosting against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) to which an indemnified party may become subject and which Losses arise out of, or relate to this Agreement or Customer’s use of the Services, and to reimburse an indemnified party for all legal and other expenses, including reasonable legal fees incurred by such indemnified party in connection with investigating, defending, or settling any Loss whether or not in connection with pending or threatened litigation in which such indemnified party is a party.
10.8 Any Shared Hosting account using more than 20 GB (20,000 MB) of disk space will be removed from our daily and weekly backups. Data will still be mirrored across a minimum of one hard drive to help prevent against data loss in result of a drive failure but clients should also take their own offsite backups.
11. D9 Hosting Shall Not Be Liable Under Any Circumstances For
11.1. ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, OR LOSS OF DATA RESULTING FROM THE USE OF D9 Hosting's SERVICES BY CUSTOMER OR ANY THIRD PARTIES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, OR
11.2. ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS.
12. D9 Hosting PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. D9 Hosting DISCLAIMS ALL WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS, AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF THE SERVICES AND D9 Hosting SHALL HAVE NO LIABILITY THEREFORE.
13. TO THE MAXIMUM EXTENT PERMITTED BY LAW, D9 Hosting DISCLAIMS, ALL WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR THROUGH, THIS SERVICE, THE SYSTEMS WHICH PROVIDE IT, AND THE INTERNET, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.
14. D9 Hosting DOES NOT ASSUME ANY LIABILITY FOR THE COMPLETENESS, ACCURACY, OR USEFULNESS OF ANY INFORMATION DISCLOSED OR MATERIALS ACCESSED THROUGH ITS SERVICES, ITS SYSTEMS, ITS NETWORKS, OR THE INTERNET.
15. No Waiver of Rights by D9 Hosting
Any failure by D9 Hosting to enforce this Agreement in every instance in which it might apply does not amount to a waiver of any of D9 Hosting's rights.
16. Notices
16.1. From D9 Hosting to Customer.
D9 Hosting will notify you by e-mail of any notices that D9 Hosting is required to provide to you under this Agreement, at the most current e-mail address you have provided to D9 Hosting.
By entering this Agreement, you consent to receive notices by e-mail. You are solely responsible for ensuring that D9 Hosting has your most current e-mail address, and D9 Hosting shall not be responsible for any lost, misdirected, bounced, forwarded, or undeliverable e-mail that D9 Hosting sends to the most current e-mail address you have provided to D9 Hosting
16.2. From the Customer to D9 Hosting
Unless otherwise specified in this Agreement, notices to D9 Hosting shall be submitted to the Support Desk
17. Currency
All monetary amounts to which this Agreement refers shall be in USD.
18. Entire Agreement
This Agreement, including all of its component parts, comprises the entire agreement between you (the Customer) and D9 Hosting, and supercedes any prior or previous agreements between you and D9 Hosting with respect to the subject matter of this Agreement; provided, however, that you agree that you shall be subject to any additional terms and conditions of which D9 Hosting notifies you from time to time, pursuant to this Agreement.
19. No Oral Modification of this Agreement
This Agreement may not be modified orally.
20. Assignment
20.1. The Customer shall not assign or attempt to assign its obligations under this Agreement without D9 Hosting's prior and express written consent to such assignment.
20.2. D9 Hosting may assign any or all of its rights and obligations under this Agreement at any time without prior notice to or consent of the Customer.
21. Consent to Jurisdiction; Venue.
Jurisdiction and venue for arbitration or litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof shall be proper only in a venue determined by D9 Hosting.
22. Force Majeure
D9 Hosting shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, terrorism, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, magnetic interference, interruptions of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunications or wireless service, or any cause beyond the reasonable control of D9 Hosting.
23. Severability of Terms of this Agreement
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties hereto, and the remainder of the provisions shall remain in full force and effect.
24. Limitation of Actions Arising Under this Agreement
Any cause of action you may have with respect to D9 Hosting's performance or alleged non-performance of this Agreement must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred.
25. Denial of Service
D9 Hosting reserves the right to refuse or discontinue service to anyone at our sole discretion.
26. Intellectual Property Rights
All Intellectual Property Rights of D9 Hosting in any Equipment and ancillary documentation shall at all times for the Duration Period of this Agreement remain vested in D9 Hosting.
27. Data Protection
27.1 All information, mail messages and other data stored on D9 Hosting's computer system will be treated as private and solely the property of the Customer at all times and will not be duplicated, copied, reproduced or viewed publicly in any way except with express or implied permission of the Customer and/or for the purpose of D9 Hosting's back up services and/or providing the Customer with the Services and/or for D9 Hosting's own internal purposes such as market research.
27.2 D9 Hosting expressly points out to the Customer that by entering into this Agreement the Customer acknowledges and agrees that once the Customer's unencrypted data passes onto the Internet, it is not secure and is open to unscrupulous use. D9 Hosting cannot accept responsibility or liability for any data or information that becomes available by such means against the wishes of the Customer and D9 Hosting recommends the use of encryption for transfer of sensitive data or information.
27.4 The Customer accepts that the register of the Naming Organisation will include the Customer's name and address, administrative partner and technical partner and other details relating to them. This information (if it refers to individuals) is personal data for the purposes of the Data Protection Act 1984. The Customer accepts that the Naming Organisation may allow other organisations and members of the public to access the data for the purpose of obtaining information about the registration of the domain name(s) or any other related purpose.
28. Proper Law
This Contract is to be treated as made in England and Wales according to English and Welsh Law and subject to the jurisdiction of the English and Welsh Courts.
29. Abuse of D9 Hosting Staff or Support Personnel
At D9 Hosting, we take pride in providing excellent service to all of our customers. It is our policy always to treat our customers with the highest level of respect and courtesy. In return, we expect the same respect and courtesy from you.
If our staff feels that you are consistently engaging in abusive content toward them, or addressing them in a demeaning or rude manner, your account(s) may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for abusive conduct, customers will be given five (5) days’ notice.
Abusive conduct includes, but is not limited to, the following behaviors:
° Repeatedly addressing members of our staff in a demeaning or rude manner;
° Using profanity in any oral or written communications with our staff, by any medium of communication, including but not limited to e-mail, instant messages, chat, text messaging, fax, postal mail, telephone, voice over Internet Protocol (VoIP), or in-person communication;
° Yelling or shouting at our staff;
° Deliberately using all capital (uppercase) letters in any written communication to our staff;
° Insulting our staff because of their personal characteristics, or on the basis of their race, ethnicity, national origin, sex, sexual orientation, religion, or housing or economic status; or
° Deliberately providing false information to our staff for the purpose of harassing them or wasting their time.
