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Terms of usage and Service

By using this service you agree to the following provisions and guidelines.

PD9 Hosting and it's owning company, PD9 Software, INC do not wish to throw away resources defending itself in courts. These guidelines are designed to help protect PD9 Hosting in the unlikely event of legal troubles. Generally above all else, be fair to the system and to your neighboring users.  Remember, in a shared hosting community, one problem effects all others on a system!

Laws

  1. PD9 Hosting, this contract, and service are provided under Indiana state and US federal laws. Additional laws may apply to international users. It is your responsibility to understand your rights and responsibilities. The User agrees to use this service in a manner consistent with any and all applicable laws, whether state, federal or by international treaty.
  2. Illegal content is prohibited. This includes, but is not limited to, copyrighted software, cracking, trafficking of illegal goods, and child pornography.  If you are unsure whether something is illegal, please do not post it to this service.  We do not have the resources to deal with this sort of activity.
  3. PD9 HOSTING SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE MADE WITH RESPECT TO PD9 HOSTING. OR ANY INFORMATION OR SOFTWARE THEREIN. THIS "NO WARRANTY" EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY PD9 HOSTING, PD9 SOFTWARE INC. OR ITS PROVIDERS.
    1. To elaborate, we can not be held accountable for expenses resulting through the performance of this system.  For example, if the system becomes unavailable for a time, we can not be held liable for damages or losses. Clearly we strive for maximum performance, but the nature of the Internet and Internet softwares may cause downtime periodically.
  4. PD9 Hosting at its sole business judgment, may terminate this membership Agreement immediately or suspend User's access to the service upon any breach of this membership Agreement by User, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of PD9 Hosting that User may be performing activities harmful to PD9 Hosting or its users, employees, vendors, business relationships or any other users of the Internet.
  5. If any one or more paragraphs in this Agreement is found to be unenforceable or invalid, User's and PD9 Hosting's agreement on all other paragraphs shall remain valid.
  6. Non-enforcement of any section of this Agreement does not constitute consent and PD9 Hosting reserves the right to enforce this Agreement at its sole discretion.
  7. User understands that PD9 Hosting acts as a gateway in providing access to the Internet and is not responsible for content.
  8. PD9 Hosting is not liable for lost content. It is recommended that you keep personal backups of all data.
  9. PD9 Hosting is not liable for the actions of our Users.  This means as a User, you need to take responsibility for your own actions.
  10. Any user that causes damage to the system or effects onerous system administrative effort will be billed appropriately.

Payments & terms of sale

  1. It is the user's responsibility to ensure that their account status and information is up-to-date.
  2. Access is subject to credit limits. Accounts may be suspended at any time due to non-payment.
  3. Payment is due at the beginning of your billing cycle (advance).
  4. Accounts may be terminated at any time, however your account will remain active for the entire duration of your subscription with termination proceeding at the end of your billing cycle.
  5. Additional charges may be incurred through usage of the service. It is your responsibility to understand these charges and their causes. (Bandwidth exceeding your hosting plan, for one example)
  6. The service is not for resale unless prior arrangements are made.

Acceptable content and activity

  1. You may not use the service to transmit unsolicited or bulk e-mail (SPAM).  Transmission of SPAM will result in immediate account deactivation.
  2. You may not host, nor transmit illegal content through usage of our services.
  3. Unattended processes, or scripts that consume excessive resources may result in temporary account suspension or permanent deactivation.  We will try to notify the User in advance if this act is unintentional.
  4. Any activity that is designed to deliberately disrupt the service will result in immediate account deactivation.
  5. PD9 Hosting will attempt to ensure system security. However, this does not mean you should try to invade other User's confidential data.  Attempts to crack the system, even for proof of concepts or vulnerability testing are not allowed. Please do this activity elsewhere. If you become aware of a security vulnerability, bring it to the attention of PD9 Hosting.

Privacy

  1. PD9 Hosting will attempt to ensure the privacy of its users. However, if contacted by state or federal agencies, we may be compelled to release data.  Additionally, if we believe a user may be engaged in activity which violates this agreement, PD9 Hosting may need to monitor personal transmission and content.

Backups

  1. Although PD9 Hosting may provide backups, ultimately it is your responsibility to back up your data.  If you are unsure how to do this, PD9 Hosting will supply general guidelines for system backups.  It remains your responsibility to understand these guidelines and to perform the manual backups.

PD9 Hosting reserves the right to revise this agreement from time to time.

If you have questions about these terms of usage, you must contact PD9 Hosting before entering into service.