X9 Internet Terms

Legal Information - Acceptable Use Policy:

Acceptable Use Policy (AUP)

Nominet Terms (Applying to all UK domains)

Privacy Policy

Acceptable Use Policy

This "Acceptable Use Policy" or "AUP" of X9 Internet applies to all divisions, subsidiaries, affiliates and identities used by X9 Internet and references hereinafter to X9. This AUP is designed to provide a clear understanding of the rules, regulations, and restrictions on the use of the Services, Servers, and IP Addresses of X9. We may, from time to time at the sole discretion of X9, impose rules, regulations, or restrictions not expressly stated in this AUP on the use of the Services, Servers, and IP Addresses. We may further, from time to time at the sole discretion of X9, modify this AUP and such modification shall become immediately effective upon posting of the modified AUP to our website or by notification to you of the modified AUP. This AUP is not exhaustive.

X9 provides Internet World Wide Web page hosting, Marketing, and Development. X9 has certain legal and ethical responsibilities consisting with the use of its server and equipment involved in these services.

X9 general policy is to act as a provider of Internet presence. X9 reserves the right to suspend or cancel a customer's access to any or all services provided by X9 when we decide that the account has been inappropriately used.

Overview

We do not allow the following: Any account(s) found breaking our policies will be removed and cancelled without notice.

Spamming (sending unsolicited email or posting messages to irrelevant UsetNet newsgroups that do not explicitly allow advertising, with references to a site hosted on our servers)
Web hosting accounts are prohibited from hosting adult content orientated websites, hosting banners, graphics or cgi scripts for other websites, storing pages, files or data as a repository for other websites or personal computers, giving away web space under a domain, sub domain or directory.
Sites encouraging illegal activity or racism, sites providing instructions or performing illegal activities. Any site conducting illegal activities and / or copyright infringements.
Violations and attempted violations of system & network security. Or any type of tampering with the system with the purpose to inflict harm.
Peer to Peer / Portal and upload and download type sites related to hacking and warez.
Specific Violations of This AUP (not an exclusive list): Advance Fee Fraud, Child Porn Site, Child Porn Email, Copyright Infringement, Cracking, Forgery, Fraud Site, Hacking, HYIP Site, ID Theft, Infection, Invalid Hostname, Open Relay, Pharmaceuticals, Phishing, Proxies, Proxy Hijack, ROKSO, SORBS, Spam, Terrorist Site, Wares.
Any account found breaking our policies will be suspended or terminated immediately.

Account Setup & Email on file

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is YOUR responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you. The primary email address on file will be used to do so. It is YOUR responsibility to ensure the email address on file is current or up to date at all times.

Server Abuse

Any attempt to undermine or cause harm to a server, or customer of X9, is strictly prohibited.

Unauthorised use of other people's accounts or computers. X9 will strongly react to any use or attempted use of an Internet account or computer without the owner's authorisation. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.

Any unauthorised use of accounts or computers by a X9 customer, whether or not the attacked account or computer belongs to X9, 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.

IMPORTANT NOTE - X9 has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.

Shared server 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 improper use of: CGI, Perl, Sendmail, mySQL, PHP, COLDFUSION, HTTP, SMTP, POP3 and FTP.

Customers may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailings, newsgroup spamming, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by X9 to be unacceptable use of X9 's services including abuse of server resources.

To maintain the quality of our bandwidth and servers, we do not tolerate violations and attempted violations of system and network. We do not allow mini download sites, warez sites, or proxy sites.

Shared hosting accounts may be terminated that include the following content or which have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity. Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual. Displaying material containing obscene nudity or pornographic material. Displaying material that exploits children under 18 years of age. 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.

Abuse of Unlimited Features (excluding unlimited reseller accounts )

Unless you have an unlimited reseller account, when we say unlimited domains, unlimited disk space and unmetered bandwidth, of course there are terms & conditions that you must adhere to. This means unlimited webpages, domains and web graphics, not downloads or streaming media. This relates to data connected to your own sites. You cannot resell or give away resources to third parties. Web designers cannot use an unlimited account to host sites not operated or not owned by him/her. Our servers are shared hosting servers and disk space, memory and CPU usage is not unlimited. CPU intensive files are not permitted on our servers and accounts may not to be used to host a collection of mp3s, audios, videos, anime, .rar files, Warez, gamers sites, shout cast and similar, or to backup your computer or another source. They may not be used for general storage of any type. They may not be used as download mirrors or download/upload portals. While the sale of eBooks and other legal small download files are permitted within reason with the unlimited package, hosting and storage of mass quantities where our servers are used as a distribution point is not permitted.

X9 offers an account where customers are privileged to use unlimited traffic and disk space for their web sites. The intention of X9 is to provide a large space to serve web documents, not an off site storage area for electronic files. All (90%) of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on X9 servers. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of X9 management. Any customer who violates X9 Policies in abusing either space/site transfer will be notified and given 2 days to remedy the problem. If the problem is not resolved within the allotted period, the client will be billed for the overages.

For those that do not qualify for the unlimited service, traffic will go unmonitored until you reach the amount of quota allocated to your specific web hosting plan. Thereafter, normal data transfer cost of £2.50/1 GB/month will be billed to your account. If you want to prepay for bandwidth overages, you will be billed £2.50/3 GB/month.

You will have 3 days to pay for your overages. If you do not pay for your overages your site will be disabled within 3 days of your first notice.

X9 will be the sole arbiter as to what constitutes a violation of this provision.

Abuse of Unmetered Features for Users of a Web Designer Multi Account plan

The Web Designer Multi Account plan is NOT a reseller plan. All control panels carry the X9 Internet brand.

The Web Designer Multi Account plan was designed for web designers who produce average sized websites and also wish to manage them for their clients, yet be able to hand their client full access to the control panel if required, a feature not possible with multi domain cPanel. Websites hosted under this plan should fall into the category of requiring average disk space, bandwidth, and CPU resources. A site requiring 2 Gb of disk space to accommodate its files, is not average. If you have a 10 account plan and nine sites require average disk space while the tenth website needs 2 Gb, that would be deemed fair and acceptable. But if all ten sites on a 10 account plan require 2 Gb of disk space each, this would be seen as abuse of unmetered features, and in such event we will inform you that you are required to move these sites onto regular hosting accounts and you will be given ten (10) days to do so.

If you are planning on building a potentially large and resource demanding site, you must purchase a regular hosting account for it.

X9 will be the sole arbiter as to what constitutes a violation of this provision.

Abuse of Unlimited Features for Users of Unlimited Reseller Accounts

Our servers are shared hosting servers and disk space, memory and CPU usage is not unlimited. CPU intensive files are not permitted on our servers and accounts may not to be used to host a collection of mp3s, audios, videos, anime, .rar files, Warez, gamers sites, shout cast and similar, or to backup your computer or another source. They may not be used for general storage of any type. They may not be used as download mirrors or download/upload portals. While the sale of eBooks and other legal small download files are permitted within reason with the unlimited package, hosting and storage of mass quantities where our servers are used as a distribution point is not permitted.

X9 will be the sole arbiter as to what constitutes a violation of this provision.

Technical Support for accounts hosted under a Web Designer Multi Account plan or any Reseller Account

You cannot pipe support requests directly into the ticket system of X9. You must ensure that account holders created under your particular plan are aware that you are their first contact when reporting any technical issue or requesting assistance with their website and it is your responsibility to ensure your users have your up to date contact details. When you receive technical issues other than password requests or assistance with using their control panel or help with setting up an email account or help setting up their website or uploading it or any issue which is not directly related to the service of providing hosting, forward their technical request to X9's technical department by submitting a support ticket or emailing us. Owners of a Web Designer Multi Account plan can also submit a support ticket to X9 to retrieve login details for any of their users.

Unsolicited Email (Spam)

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

X9 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: 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. Forging, altering or removing electronic mail headers is prohibited. Any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing"). 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. 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.

Note: If you use the services of another provider to promote a web site hosted by or through X9 (spamvertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers.

Undesirable Content

Certain types of content are not permitted on our network. We do not host pornographic content of any description. We reserve the right to determine what constitutes pornographic content and what does not.

CGI Scripts

Each shared web hosting account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal shared server operation without prior warning.

Chat Rooms

We do not allow clients to install their own chat rooms within a shared hosting account, without approving it with the X9's Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. Note: Parachat chat rooms do not apply to this rule. They are perfectly fine to install.

Abuse of SMTP Mail Server

We do not allow clients to send more than 2000 pieces of e-mail per day from a shared hosting account. If you do send more than 2000 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 2000 per day your account will be moved to a special server that is specifically designed to handle high volumes of e-mail. You will be charged £45.00/month in addition to your regular hosting charges if your account is moved to this server. Please contact support to have your domain moved.

Background Running Programs

We do not allow programs to run continually in the background, or permanent FTP connections.

IRC

We currently do not allow IRC or IRC bots to be operated on our servers. IRC servers are not permitted on our network

Payment Policies

All accounts are set up on a prepay basis. All pricing is guaranteed for the term of prepayment. X9 reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies X9 to request for termination of services. All payment is in Sterling currency. All X9 accounts are setup on anniversary billing cycles. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle.

Cancellation

X9 reserves the right to cancel service at any time. All fees paid in advance of cancellation will be prorated and paid by X9 if X9 institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)

All of X9 web hosting plans are backed by a 30 day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount excluding setup fees, domain registration fees, add-on/upgrade fees and overages. For all web hosting clients who cancel, the full contract amount less any overages will be refunded if X9 is notified within the first 30 days following activation. No refund is available after the 30th day. This policy does not apply to any additional services such as overages, referrer logs, additional disk space, additional pop accounts, domain registration fees etc. Due to security concerns, all account cancellations must be done via your password-protected account, or contact form. Email requests will not constitute acceptance of any cancellation. Refunds will be made by company check or issued back to your credit card or paypal within 30 days of receipt of cancellation.

Cancellation requests after the first 30 days of service must be received at least five (5) days prior to your renewal date.

Account Setup & Email on file

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is YOUR responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. (gmail, hotmail, yahoo would be a good email choice) If there is ever an abuse issue or we need to contact you. The primary email address on file will be used to do so. It is YOUR responsibility to ensure the email address on file is current or up to date at all times., and to check your spam/bulk folder, as we have no control over this.

Intellectual Property Rights

Material accessible to you through X9 services may be subject to protection by international copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use X9 or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the X9 network. If you use a domain name in connection with X9 or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party

Network Security

Customers may not use the X9 network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorised to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organisation's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. X9 will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Static / Dynamic Content Caching

You expressly (i) grant to X9 a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by X9 under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

IP Address Ownership

X9 shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by X9 and X9 reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

Domain Name Registration

Customer agrees to pay X9 prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the X9 price schedule for the initial registration of the domain name and, should Customer choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if Customer's domain name registration is suspended, cancelled or transferred prior to the end of Customer's then current registration term. X9 reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer's requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed Customer's registration in an email from X9 to the email address indicated in Customer's registration application. In the event of a chargeback by a credit card company (or similar action! by another payment provider allowed by X9) in connection with the payments of the registration fee for Customer's domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to X9 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. X9 will reinstate Customer's domain name registration solely at X9 's discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

Lawful Purpose

X9 reserves the right to refuse service to anyone. Customers may only use X9 server for lawful purpose. Transmission of any material in violation of any law 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 X9 management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in Haywards Heath, West Sussex, United Kingdom and any dispute will be litigated or arbitrated in Haywards Heath, West Sussex. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Haywards Heath courts. IN NO EVENT SHALL X9 'S MAXIMUM LIABILITY EXCEED ONE HUNDRED (£100.00) POUNDS STERLING.

Indemnification

CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD X9 HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST X9, 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, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS X9 AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH X9 SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM X9 SERVER

Disclaimer

X9 WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. X9 MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. X9 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 X9 AND ITS EMPLOYEES. X9 RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS AND RESELLERS OF X9 MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.

Data Back-Up

Although regular remote back-ups will be performed (some servers have local backups), We will not be held responsible for any loss of data. It is up to you to ensure you maintain a local copy of your web data for your own back-up purposes.

Forum Posts & Reviews

We have a zero tolerance policy for posting negative feedback on any public forum or review site about our company and/or our employees before submitting a ticket to our 'Feedback' department to discuss your issue. Violators will result in immediate account termination without any refund. Although it is your right to post feedback without discussing your issue with us first, it is unfair and unprofessional not to, which is not the type of client we want to deal with. We have the utmost respect for all of our clients, and are more than fair with all of our clients. We will do anything and everything possible to keep all of our clients satisfied. But in the unlikely event you are not satisfied, all that we ask is to discuss your issue with our Feedback department first. So if you are the type of person to run to the forums or review site at the first chance you get to complain, please do not sign up with us.

Privacy Statement

X9 follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.

Prosecution and Fines

X9 cooperates fully with law enforcement agencies in the investigation and prosecution of criminal activity and has zero tolerance for violations of this AUP. We reserve the right to levy charges of £100 to £1000 Sterling per incident for any violation of this AUP.

Modification

X9 reserves the right to add, delete, or modify any provision of its Terms of Use / AUP at any time without notice.