AUP

I. 100% Money-Back GuaranteesA. 30-Day Money Back Guarantee
Nine Yards Design & Hosting proudly offers its subscribers a “30-Day Money Back Guarantee.” This guarantee allows subscriber to purchase Nine Yards Design & Hosting’s services with full confidence and zero-risk. Consequently, subscriber may request a full refund within 30 days of initial sign-up and be refunded all fees paid to-date, including setup fees, less any additional over-usage and free domain registration costs (see section I.D below). Terminated accounts are not eligible for this guarantee if the termination occurred due to a violation of this TOS.
This guarantee can be requested at anytime within the 30 days of the commencement of service if subscriber is not satisfied with Nine Yards Design & Hosting’s services. If the 30-day service of the subscription has been exceeded, subscriber is not eligible for this guarantee. A request for this guarantee must be submitted via Nine Yards Design & Hosting’s “Contact Us” form located at this URL:
http://nineyardsdesigns.com/contact.
If requesting a refund, we ask that subscriber briefly explains the reasons for doing so, as well as any suggestions on how Nine Yards Design & Hosting could improve service.
B. Refund Procedure on Ancillary Products

C. Trial Hosting on Nine Yards Design & Hosting
Nine Yards Design & Hosting is offering to new customers, for a limited time, the opportunity to experience Nine Yards Design & Hosting services on a trial basis–free of charge–for a period of 7 days. After this 7 day period, the free trial ends and the customer has the option to remain with Nine Yards Design & Hosting and select a hosting plan that meets his needs or terminate the hosting services completely.
Previously Nine Yards Design & Hosting had offered a 21 day trial period, and those customers that either signed up or registered their email prior to June 16th, 2010 still will have the full 21 day period.
If the customer chooses to remain with Nine Yards Design & Hosting, he can accomplish this in two ways:
• the customer can do nothing and the plan will automatically renew prior to the end of the free trial period; or
• the customer can affirmatively upgrade to a paid plan and indicate his acceptance of the plan and his agreement to becoming a customer.
If the customer decides to cancel the free trial period and not become a paying customer of Nine Yards Design & Hosting, he can cancel the trial period at any time. He can also reinstate at any time prior to the free trial expiration date.
• Cancellation will automatically occur if the customer violates the Terms of Service at any time during the free trial period.
• Cancellation will also automatically occur if the customer billing information is no longer valid at the end of the free trial period.

II. 99.9% Uptime Guarantee
Nine Yards Design & Hosting guarantees that your website will be up and running at least 99.9% of the time during any 12-month period. This guarantee includes network uptime, server uptime, web server and service uptime. It does not cover any areas where Nine Yards Design & Hosting has no direct influence, such as backbone provider failures, fibre-optic main line cuts, DNS or Registrar issues with subscriber’s domain name, routing issues between subscriber location and Nine Yards Design & Hosting data center. The uptime guarantee is also not applicable if the service interruption was caused by external issues such as Acts of God, Wars or any other natural or unnatural events that Nine Yards Design & Hosting cannot directly influence.
To request a service credit due to an uptime concern, please submit a request for this guarantee via Nine Yards Design & Hosting’s “Contact Us” form located at this URL:
http://nineyardsdesigns.com/contact.
If requesting a “service credit” we ask that subscriber briefly explains the reasons for doing so.

III. Use of Website

A. Prohibition of Adult Content
Subscribers of Nine Yards Design & Hosting’s services are prohibited from storing or posting adult content, or links to adult content, through the subscribed service. All material of pornographic nature is considered adult content. Online image galleries whose primary purpose is the public display of fine art or artistic mediums are not considered to be adult content.
B. Prohibition of Protected Healthcare Information
Subscribers of Nine Yards Design & Hosting’s services are prohibited from creating, receiving, maintaining, transmitting and/or having access, custody or control of any Protected Healthcare Information as defined under the Health Insurance Portability and Accountability of 1996 Act (“HIPAA”).
C. Prohibition of Offensive Behavior
Racist, intolerant, “hate”, defamatory, “stalking”, invitations to fight, threatening or any communication of any nature that we decide, in our sole discretion, as being improper, will result in service termination without prior notice.
D. Age Requirements on Purchases
All subscribers must be of adult age in the subscribers’ jurisdiction to make purchases on this site. Parents or guardians of minors may make purchases on behalf of their minor children/wards but are solely responsible for the direct supervision of their children/wards while their minors visit the site or use any of the tools or services that the site provides.
E. Intellectual Property Provisions
Subscribers of Nine Yards Design & Hosting’s services are prohibited from storing or posting content or links to content that infringe, or otherwise violate the intellectual property rights of third parties (e.g. trademark, patent or copyright infringements).
All content provided within or via this site is protected by US and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via this Site may be copied, published, reverse engineered, decompiled, exchanged, traded, or broadcast in any way without the written permission of the content owner.

IV. “Fair-Use” Resource Assignment
Nine Yards Design & Hosting offers commercially reasonable high-limit or unlimited amounts of disk space and/or other resources, such as bandwidth transfer, number of email accounts or FTP accounts. File quota limits are enforced to ensure system operating integrity and reliability and are limited to 100,000 files on Windows plans and 300,000 files on Linux plans. The intention of Nine Yards Design & Hosting is to provide ample resources for customer convenience, so that customers needn’t to worry about exceeding limits.
It is acknowledged by users of Nine Yards Design & Hosting services that these resource allotments are optimized and dedicated towards serving web documents and self-need email / FTP services and is not to be used as offsite storage area for electronic files, or as a provisioning service for third party email or FTP hosts. All downloadable files or files stored on the server must be available for download via a HTML document stored on the Internet in a publicly or privately accessible area, and must be directly related to the general nature of the website index. Illegal content such as pirated software, music or other media are strictly prohibited and are not allowed on Nine Yards Design & Hosting servers.
It is also acknowledged by users of Nine Yards Design & Hosting services that these resources are limited by physical restraints of technology as well as by reasonable limits of a shared resource environment. Users must realize that server technology limits the amount of available resources for use, including but not limited to disk drive space, CPU processing power, memory and access speed. Nine Yards Design & Hosting takes measures to utilize the latest and most economically feasible mass server market technology available to provide services. It is furthermore acknowledged by users of Nine Yards Design & Hosting services that all provided services are of a shared-server nature, and other users are sharing the provided space. Customer accounts are placed on a server with up to hundreds of other users. Nine Yards Design & Hosting, along with many other hosting providers use this business model in order to offer web hosting services en masse at inexpensive and affordable rates.
It is acknowledged that any single account is entitled to utilize the server resources, within reason, up to what is allotted or by what is physically available. If resources become scarce, Nine Yards Design & Hosting reserves the right to limit users of the affected machine to a lower limit to preserve the effectiveness of the service for all users. If a particular user is in extreme excess of what the average users of the machine have in use (actually used) of their resource allotments, that customer may be asked to remove content, cut resource usage, or relocate to a dedicated service provider. This policy only applies to web sites that are considered to be abusive in service, disk space or resource consumption and where it is evident that the “fair-use” of resources among customers has been breached, particularly in regards to disk space, bandwidth or CPU processing power utilization. Additionally, 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 sole discretion of Nine Yards Design & Hosting.
If a “Fair-Use” breach occurs, which’s determination is solely up to Nine Yards Design & Hosting, subscriber may have to remove files from or reduce access to subscriber’s account to an extent as determined by Nine Yards Design & Hosting, in order to restore full serviceability to other subscribers affected by the breach. In any case, the subscriber will be notified of any actions that Nine Yards Design & Hosting may have to take.

V. SPAM and Unsolicited Commercial Email (UCE)
Nine Yards Design & Hosting takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM through our network and services. Customers of Nine Yards Design & Hosting may not use, or permit others to use, our network to partake in UCE distribution. Customers of Nine Yards Design & Hosting may not host or permit hosting of sites or information that is advertised by UCE from other networks.
Upon notification of an alleged violation of our SPAM policy, Nine Yards Design & Hosting will initiate an immediate investigation. During the investigation, Nine Yards Design & Hosting may restrict customer access to the network to prevent further violations. Subscriber will thereafter be advised of the situation. If a subscriber is found to be in violation of this TOS, Nine Yards Design & Hosting may, at its sole discretion, unilaterally restrict, suspend or terminate the violating customer’s account. Further, Nine Yards Design & Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Nine Yards Design & Hosting will notify law enforcement officials if the violation is believed to be a criminal offense.

VI. Prohibited Scripts and Applications
Nine Yards Design & Hosting strictly prohibits the use of certain scripts such as IRC, Proxy, SSH, Telnet, or any other script which may overwhelm server resources due to the inherent nature of the script itself or by defect in the coding of the script. If a user script is found to be in violation of this clause, or is found to be overwhelming system resources, the user may be requested to remove the script, or in cases of system resource abuse, it may be removed without prior warning and/or the user account may be suspended for further review.

VII. Payment
Establishment of this service is dependent upon receipt of payment of stated charges by Nine Yards Design & Hosting. Subsequent payments are due on the anniversary date of the month for that month’s service or whichever is the selected billing cycle.

VIII. Failure to Pay
Nine Yards Design & Hosting may temporarily deny or terminate service upon the failure of the subscriber to pay the charges when due. Such termination or denial will not relieve the subscriber of responsibility for the payment of all accrued charges and any collection fees.

IX. Account Cancellation
A subscriber may cancel his account at any time online via his account control panel’s “Billing Options”. If requesting a cancellation, we ask that subscriber briefly explains the reasons for doing so, as well as any suggestions on how Nine Yards Design & Hosting could improve service. The cancellation will take effect immediately and the subscriber’s account will remain active until the end of the subscription. Account resumption is possible with one click from the same menu, in case you should redecide.

X. Subscriber Acknowledgement
Subscriber acknowledges that the service provided is of such a nature that the service can be interrupted for many reasons other than the negligence of Nine Yards Design & Hosting and that damages resulting from any interruption of service are impossible to ascertain. Therefore, subscriber agrees that Nine Yards Design & Hosting shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Nine Yards Design & Hosting. Subscriber further acknowledges that the Nine Yards Design & Hosting’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall Nine Yards Design & Hosting be liable for any special or consequential damages, loss or injury.

XI. Change of Nameservers
In cases of new hosting accounts or additions / modifications to hosted domain names or any other cases which involve the change of nameservers of a domain from other DNS servers to Nine Yards Design & Hosting’s DNS servers, there may occasionally be a delay of several days, weeks or longer depending on the accessibility of control options at the respective registrar of the domain name registration. It is possible that if the registrar (or the entity having control over the domain registration) is not cooperative, the domain nameservers can not be changed at all. Due to the unpredictable nature of the nameserver change process, no guarantees are made regarding the amount of time a specific change may take. On customer request, nameserver change of domain names is done by Nine Yards Design & Hosting on behalf of the account holder. In such cases, a successful change of nameservers cannot be guaranteed in any way or fashion as it solely depends on the accessibility or cooperation by the domain name registration’s registrar.

XII. Support Boundaries
Some of Nine Yards Design & Hosting services may require a certain level of knowledge in the use of Internet languages, protocols, and software, while other services may be handled for you. This level of knowledge varies depending on the anticipated use and desired content of subscriber’s website or the services to which you subscribe.
XIII. Network

A. IP Address Ownership
If Nine Yards Design & Hosting assigns a subscriber an IP address for use with the subscription, the right to use that IP address shall belong only to Nine Yards Design & Hosting and the subscriber shall have no right to use that IP address except as permitted by Nine Yards Design & Hosting. Nine Yards Design & Hosting shall maintain and control ownership of all IP numbers and addresses that may be assigned to subscribers by Nine Yards Design & Hosting. Nine Yards Design & Hosting reserves the right to change or remove all such IP numbers and addresses in its sole and absolute discretion, at any time.
B. Data Transfer and Disk Usage
Subscriber agrees that bandwidth and disk usage shall not exceed the maximum number of megabytes per month for the service plan subscribed by the customer (“Agreed Usage”). Nine Yards Design & Hosting will monitor subscriber’s bandwidth and disk usage. Nine Yards Design & Hosting shall have the right to take corrective action if subscriber’s bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all services, or termination of this Agreement, which actions may be taken is in Nine Yards Design & Hosting’s sole and absolute discretion, at any time deemed necessary by Nine Yards Design & Hosting. If Nine Yards Design & Hosting takes any corrective action under this section, subscriber shall be entitled to a pro-rated refund of any fees paid in advance prior to such action. In any case, subscriber will be warned of approaching or exceeded resource limits via email by Nine Yards Design & Hosting’s automated notification system.
C. System and Network Security
Subscribers or any network users are prohibited from violating or attempting to violate the security of Nine Yards Design & Hosting’s network or any and all components there in. Violations of system or network security may result in civil or criminal liability. Nine Yards Design & Hosting will investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting subscribers who are involved in such violations. These violations include, but are not limited to:
1. Accessing data not intended for such subscriber or logging into a server or account, which such subscriber is not authorized to access.
2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
3. Attempting to interfere with service to any subscriber, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.
4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
5. Taking any action in order to obtain services to which subscriber is not entitled.

D. Use of Dedicated IPs
Subscriber agrees to only use a dedicated IP address for hosting domain names that are registered. Additionally, the domain must either point to Nine Yards Design & Hosting’s nameservers, or the A record must point to the dedicated IP address assigned to that domain in the control panel. If any of these qualifications are not met, Nine Yards Design & Hosting reserves the right to switch the assigned dedicated IP address to a shared IP.
E. Network Access – SPAM or Denial of Service Complaints
Nine Yards Design & Hosting reserves the right to drop the section of IP space involved in SPAM or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer’s network or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact the subscriber. Nine Yards Design & Hosting will contact the subscriber as soon as it is feasible.

XIV. Suspension of Service or Cancellation
Nine Yards Design & Hosting reserves the right to suspend network access to any subscriber if in the judgment of Nine Yards Design & Hosting, the subscriber’s account is the source or target of a violation of any of the terms of the TOS, or for any other reason which Nine Yards Design & Hosting deems necessary.
If inappropriate or illegal activity is detected or brought to our attention by a third party, all accounts of the subscriber in question will be deactivated until our investigation is complete. Multiple violations of the TOS will result in permanent suspension of the account without refund of any fee. With complaints of infringing or illegal content, a single complaint may be deemed sufficient for permanent suspension of the alleged infringing product. If multiple complaints of infringing or illegal content are received involving two or more products, all products under that customer’s ownership and/or control are subject to permanent suspension. Prior notification to the subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The subscriber may not be credited for the time the subscriber’s machines were suspended if the subscriber is found to be at fault. The subscriber is also responsible for maintaining a backup of his current data at all times and no backups will be provided.

XV. Miscellaneous Provisions
Subscriber must provide Nine Yards Design & Hosting real and current contact information at all times. E-mail address, telephone and fax contacts are used, and in that order of preference.
1. Nine Yards Design & Hosting takes no responsibility for any material placed on its network by others. Nine Yards Design & Hosting is not responsible for the content of any other websites linked to. Links to other sites are provided as Internet navigation tools only. Nine Yards Design & Hosting disclaims any responsibility for any inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.
2. Nine Yards Design & Hosting’s subscribers are not permitted to run IRC servers.
3. Furthermore, Nine Yards Design & Hosting reserves the right (but is not obligated) to, review the content posted via the service and may refuse or remove any such content in its sole discretion, without notice at any time.

XVI. Disclosure to Law Enforcement
The TOS specifically prohibits the use of our service for illegal activities. Therefore, subscriber agrees that Nine Yards Design & Hosting may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any court or law enforcement agency that requests such information, upon receipt of a subpoena, warrant or other legally binding order, without consent or notification to the subscriber.

XVII. Indemnification
Each party (the “Indemnifying Party”) hereby indemnifies the other party (the “Indemnified Party”), its officers, directors, employees and agents, and agrees to defend and hold them harmless from and against any and all liability, damage, loss or expense (including reasonable attorneys fees) arising from any claim, demand, action or proceeding based upon the alleged breach or untruthfulness of any of the Indemnifying Party’s representations or warranties, or incurred in the settlement or avoidance of any such claim, provided, however, that the Indemnified Party shall give prompt notice to the Indemnifying Party of the assertion of any such claims and provided further that Indemnifying Party shall have the right to select counsel and control the defense thereof, subject to right of the Indemnified Party to participate therein.

XVIII. Severability
If any provision of this TOS shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this TOS is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

XIX. Applicable Law
This TOS is subject to the governing laws of the State of California. Courts of competent jurisdiction in Columbus, Ohio shall hear and decide any disputes.

XX. Data Integrity
The subscriber is responsible for keeping a complete and current copy of their website files as a backup on a remote system (not solely on Nine Yards Design & Hosting servers).
Nine Yards Design & Hosting is NOT RESPONSIBLE for any lost files, information or data.
Nine Yards Design & Hosting makes regular internal backups of internal system configurations and databases. These backups are NOT intended for keeping backups of subscriber websites.
Although Nine Yards Design & Hosting backups may include subscriber sites and information for disaster recovery purposes, these backups are not to be relied on by the subscriber. Nine Yards Design & Hosting does not guarantee to possess the most current copy of a subscriber’s website in its own backups.

XXI. Non-Existing User Pages
Nine Yards Design & Hosting reserves the right to supply content-enriched pages, including but not limited to search engines, advertisements, directory links, etc., for non-existent user pages that are served by Nine Yards Design & Hosting to requesting sources. These pages include error pages (i.e. 404 Not Found), new account place-holder pages, unused domains and suspended user sites.
All users of Nine Yards Design & Hosting services have the option of creating their own error pages and content pages. Unless created by the user, such pages will default to the Nine Yards Design & Hosting provided content.