Spam:
X9 Web Hosting is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any violation of Federal or State laws related to Spam, from being sent either: Over the X9 Web Hosting network, by customers or any other users of the X9 Web Hosting network (including customers' customers); AND/OR over ANY network - if the message sent advertises or mentions a site hosted on the X9 Web Hosting server. We also prohibit the selling products that can be used for spamming.
We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy.
If you have any complaints or comments regarding Spam on our network, please direct them via our helpdesk to our Abuse Department.
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Account Ownership:
X9 Web Hosting is only responsible to the present owner of the Web hosting space. We verify ownership by credit card number (if paid for by credit card), name, address, email address, username, & password. If you give this information to any other party or give access to your email address on your account to another party, you risk having your Web site and any other information on your account changed and/or deleted. We are not responsible for any information on your account should you reveal this information to another party who causes damage to your account and/or Web site.
If you are a Web designer and you are not the person paying for the hosting account we advise you to receive payment for your work before you publish it to our servers. Once the Web site is published to our servers the account owner has retained ownership of that content.
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Content Policy:
All services provided by X9 Web Hosting may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless X9 Web Hosting from any claims resulting from the use of the service which damages the subscriber or any other party.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to X9 Web Hosting servers or any other server on the internet. Links to such materials are also prohibited. Examples of unacceptable content or links:
- Pirated software
- Hacker programs or archives
- Warez sites
- Teen Pornography
- MP3s
X9 Web Hosting will be the sole arbiter as to what constitutes a violation of this provision. X9 Web Hosting does not host competitor sites or web pages promoting sites of its competitors.
Any deliberate attempt to cause damage to X9 Web Hosting or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.
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Email Policy:
X9 Web Hosting may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. We consider mass email as any email messages sent to more than 10,000 email addresses in one day or more than 10 news groups.
Email accounts should be kept below 10 MB in total. If your email account becomes greater than 10 MB, X9 Web Hosting reserves the right to move the email to another server and delete it after 30 days. The owner of the email account will be contacted before we move the mail. If your mail has been moved please contact X9 Web Hosting Tech Support via Online chat or our Support Department to correct the situation before the emails are deleted. This is normal for most accounts since email is typically accessed on a regular basis using an email client such as Outlook, Outlook Express or Eudora.
X9 Web Hosting accepts no responsibility for viruses that may be transmitted to you via email, ftp, http or any other means of electronic transfer. X9 Web Hosting does provide some virus scanning on its servers. We are monitoring for viruses that could affect our Linux servers, and not viruses that could affect other operating systems like Windows. Therefore, we cannot prevent the transmission of viruses to your computer system via the Internet. It is the responsibility of the client to ensure they have Virus Software and that it is updated regularly.
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CGI Scripts Policy:
Each 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 effect normal server operation or service to other X9 Web Hosting customers. For the protection of all our customers, we also reserve the right to discontinue service to those customers who continue to run scripts that effect normal server operation. No chat rooms or similar scripts allowed.
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Sub hosting Policy:
X9 Web Hosting allows the hosting of multiple websites on our shared services per the following guidelines. The number of sites is restricted based on the type of shared hosting plan purchased. Additional sites share the transfer, disk space, email, and mySQL allotments granted the initial plan. Only 1 control panel is provided.
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Traffic Policy:
X9 Web Hosting imposes very generous traffic limits that most sites never reach, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. X9 Web Hosting customers are discouraged from storing any files that cause excessive traffic on X9 Web Hosting servers. Please contact X9 Web Hosting Technical Support team for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits.
We reserve the right to charge additional fees for sites that exceed our generous traffic limits. Sites that exceed their traffic limits will be suspended without prior notification if they do not purchase add-on traffic packages.
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Script Usage Policy:
X9 Web Hosting provides our clients with Web Hosting accounts that permit the use of CGI files, PHP scripts, and other executable programs. Because these scripts use much more system resources than standard HTML pages, certain restrictions must be made governing the use of such "active content" systems. We regret that in many cases we are unable to determine what specific script or application is causing the system resource over-run. Under most circumstances, we are able to pin-point it to the offending account on the system. The following rules apply to all "active content" files as listed above:
- The script must use low system resources. Scripts that consume a large amount of our RAM or processor will be subject to immediate suspension until the owner can be notified and an alternative solution is reached.
- Each user account may not use more than 20% of system resources at any given time. If an account is consistently using 20% or greater system resources, the account holder will be warned and if no action is taken on behalf of the account holder the account may be suspended.
- The scripts may not interact with any server configuration or hardware. Accounts running these scripts are subject to immediate account termination without refund.
- The script can not be used or referenced from any other site not hosted by X9 Web Hosting.
- The script must execute in a timely fashion. Any script that uses the processor for more than a few milliseconds is subject to removal.
- Any script that appears to be designed specifically to attack or otherwise maliciously affect the server is completely unacceptable, and if such scripts are found in your account the account will be terminated immediately and your actions will be reported to the proper local, state, and federal authorities and legal action will be taken to prosecute the account holder to the fullest extent of the law by X9 Web Hosting .
- Perl-based chat room scripts are strictly prohibited.
- Scripts that require high-bandwidth usage, such as non-Perl chat room scripts or banner rotation scripts, will be allowed to run only on our high-end accounts.
Any accounts with scripts found in violation of these policies are subject to future scrutiny of all CGI, Perl, CFM, ASP, and PHP scripts by our System Administrators. If a script is found to be harmful to the system, it will be killed immediately and the account locked down until the account owners have been contacted. Malicious scripts are subject to immediate account termination without a refund.
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Backups:
Full backups are made daily. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content and any information on their account including but not limited to clients website, email, databases, mailing lists, and archives. The "Backup Manager" is included in each hosting plan and client can use this tool to back up their files. If loss of data occurs due to an error of X9 Web Hosting, we will attempt to recover the data at no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, X9 Web Hosting will attempt to recover the data from the most recent archive for a $25.00 fee.
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Indemnification Policy:
We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law. You agree to use all X9 Web Hosting services and facilities at your own risk. X9 Web Hosting specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall X9 Web Hosting be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold X9 Web Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against X9 Web Hosting, 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 Web Hosting against liabilities arising out of;
- any injury to person or property caused by any products sold or otherwise distributed in connection with X9 Web Hosting's server;
- any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
- copyright infringement and
- any defective products sold to customer from X9 Web Hosting's server.
X9 Web Hosting shall be the sole judge of what violates this Policy.
X9 Web Hosting is only responsible to the present owner of the Web hosting space. We verify ownership by credit card number (if paid for by credit card), name, address, username, & password. If you give this information to any other party you risk having your Web site and any other information on your account changed and/or deleted. We are not responsible for any information on your account should you reveal this information.
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Telephone Support:
Client agrees to use the Help Desk located at support.x9hosting.com for technical support issues. X9 Web Hosting does, however, offer telephone support to clients for emergency situations only. Client agrees not to abuse this resource. X9 Web Hosting shall have sole authority to determine violations of this policy.
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Payment Policies and Fees:
By signing up for hosting with X9 Web Hosting, you are agreeing that your hosting account will be automatically renewed, and your credit card will be charged (if you are paying by credit card). Payment is due each anniversary (one month, three months, six months, one year, or two years) following the date the account was established. Your credit card will be automatically charged on your anniversary (if you are paying by credit card) unless a cancellation request is submitted through your Customer Portal. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. Additional features can be added at any time. Monthly feature prices are not prorated. X9 Web Hosting reserves the right to change prices or plans at any time. NOTE: X9 Web Hosting charges a $25.00 fee for returned checks as well as charge backs. For international customers: check or money order funds must be drawn in US dollars.
Accounts that are thirty (30) days past due will be automatically terminated. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees.
As a client of X9 Web Hosting, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. X9 Web Hosting provides a 5 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 5 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full.
Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact billing@x9hosting.com Accounts that are not collectable by X9 Web Hosting may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of $100. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this ToS.
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Cancellation Policy:
X9 Web Hosting reserves the right to cancel the account at any time with or without notice.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
You may cancel at anytime. To cancel your account, please select Request Cancellation in your Customer Portal. As a policy, we do not offer credits or refunds for hosting time already expended. Any invoice generated is considered due without prior cancellation. Setup fees are non-refundable. All monetary transactions are in $US dollars. Paypal Subscriptions are not cancelled automatically and are the customers responsibility to terminate with PayPal directly.
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Resellers:
- You provide billing to your customers. We do not bill your customers. We bill you for the domain name and space, then you turn around and bill them for your cost from us and your services in addition to that.
- Actual or attempted violations of policy by a customer's end user shall be considered violations of the policy by the customer regardless of intention and will be acted upon accordingly.
- Your customers are given a limited amount of transfer and if we feel that one of your customers are using up more transfer than allocated or are taking up too much of the CPU usage then we will need to pass some of the extra cost on to you and you will need to pass it on to your customer. You will need to put that in your terms and conditions for the hosting. You can monitor your customers bandwidth in their control panel.
- You agree that neither you nor your customers can hold us responsible for services that you offer.
- Your customers have to abide by the same terms and conditions as you do, or we have the right to cancel any of your reseller accounts.
- If you abuse our services, we reserve the right to cancel your account, which will also cancel your customers accounts.
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Uptime Guarantee/Service Level Agreement:
If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive credit based on our View our Uptime Guarantee/Service Level Agreement. Approval of the credit is at the discretion of X9 Web Hosting dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact billing@x9hosting.com with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions.
View our Uptime Guarantee/Service Level Agreement
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30 Day Money Back Guarantee:
All Web Hosting plans include a 30 day money back guarantee. If you are dissatisfied with your service for any reason, you will receive a full refund (minus setup fees and overage charges) if you cancel your account within 30 days of the activation of your account.
Our refund policy does not apply to any additional items or services; this includes but is not limited to Data Storage, Data Transfer, MySQL Databases, FTP Logins, and Sub Domains. Also not included are Domain Registrations as well as Reseller programs, or any other additional services. The 30 day money back guarantee does not apply to reseller accounts , or any fees associated with these accounts. This money back guarantee is not available after 30 days. Any request for cancellation must be received via your Customer Portal and you will receive a confirmation upon the cancellation of your account. Cancellations over the telephone and informal email are not accepted.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
Accounts cancelled/terminated by X9 Web Hosting for violating our Acceptable Use Policy do not qualify for the 30-day money back guarantee. For example, if your account is cancelled due to spamming, you will not be given any refund.
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Domains:
For all new domains, there is a yearly non-refundable registration fee. X9hosting.com will automatically pay this fee as well as all annual non-refundable renewal fees on your behalf while your X9hosting.com account is active and current. These fees will appear on your billing statement unless prior arrangements are made with our customer service department.
All domain fees are non-refundable. If at anytime you cancel your plan, your domain will be free of charge until the next renew cycle. After the renew cycle expires you will be charged full price for all domains.
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We may modify any of the terms and conditions contained in this Acceptable Use Policy, at any time and in our sole discretion, by posting a change notice or a new agreement on our site.
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