General Terms of Service

Whereas, Customer seeks to utilize 909 Networks’s server for its own purposes;

Whereas, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, 909 Networks can make no guarantee that any given reader shall be able to access 909 Networks’s server at any given time.

909 Networks represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;

Now therefore, in consideration of the mutual promises contained herein, the parties agree as follows;

Financial Arrangements

Customer agrees to a thirty (30) day contract minimum beginning upon commencement of service. Exact contract duration is decided upon at signup.
Customer agrees that all charges and fees associated with an account are their sole responsibility.
There may be a per-plan one time setup fee of $49.95 for all monthly shared hosting packages.

Violations of 909 Networks’s Terms of Service, Acceptable Use Policy, or Spam Policy may, at 909 Networks’s discretion, result in immediate and permanent disablement without refund.

Disputed charges (“chargebacks”) associated with any 909 Networks account may, at 909 Networks’s discretion, result in immediate and permanent disablement.
909 Networks will use commercially reasonable efforts to make DreamObjects available 99.9% of the time during each monthly billing cycle. If 909 Networks is unable to meet this service level, you will be eligible to receive a credit to apply to future DreamObjects billing cycles based upon the Unavailability for that month.
For the purposes of this agreement, Unavailability means that either (a) the DreamObjects service is unresponsive, or (b) DreamObjects returns a server error response to valid user requests for more than 60 seconds of consecutive requests.
Unavailability that is a result of scheduled maintenance is excluded from these conditions and will not be considered for service credit calculations. Scheduled maintenance is defined as maintenance that is announced at least 5 days in advance, and does not exceed one hour in any month.
Service credits will be calculated as a percentage of the bill for the billing cycle that the Unavailability occurred. The percentage for the credit will be calculated by dividing the number of minutes of Unavailability by the total number of minutes in that billing cycle.
Service credits must be claimed within 14 days of the Unavailability occurring by submitting a support ticket. Include as much detail as required to document the Unavailability.

Taxes

909 Networks shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or 909 Networks’s server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

Material Products

Customer will provide 909 Networks with material and data in a condition that is “server-ready”, which is in a form requiring no additional manipulation on the part of 909 Networks. 909 Networks shall make no effort to validate this information for content, correctness or usability.
Use of 909 Networks’s service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer’s Webspace by the Customer.

The following examples are offered:

Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, text, Sound, imagemapping, etc.
CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
The Customer agrees that he or she has the necessary knowledge to create Customer’s Webspace. Customer agrees that it is not the responsibility of 909 Networks to provide this knowledge or Customer Support outside of the defined service of 909 Networks.

909 Networks will exercise no control whatsoever over the content of the information passing through the network, provided that it adheres to all other conditions set forth in our Terms of Service and Acceptable Use Policy documents.

909 Networks reserves the right to police its network to verify compliance with all agreed upon Terms.
The Customer agrees to cooperate in any reasonable investigations into their adherence to all agreed upon Terms. Failure to cooperate is grounds for immediate disablement of all accounts/service plans.

909 Networks reserves the right to disconnect any website or server deemed to present a security threat to 909 Networks’s customers, servers, or network.
The opening of multiple accounts or service plans in order to bypass any restrictions or overage charges set forth by 909 Networks is grounds for termination of all services.

909 Networks makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. 909 Networks also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of 909 Networks is at the Customer’s own risk, and 909 Networks specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. 909 Networks expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.

909 Networks specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not “Server-ready”, 909 Networks may, at its option and at any time, reject this material, including but not limited to after it has been put on 909 Networks’s Server. 909 Networks agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of 909 Networks. If the Customer fails to modify the material, as directed by 909 Networks, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.

All domain names registered through 909 Networks or its previous domain registration site, domainitron.com, that are ‘parked’ or are otherwise not immediately associated with a 909 Networks hosting plan will be automatically pointed to a “Coming Soon” web page which informs visitors that the registrant has recently registered their domain name via 909 Networks.com. The Coming Soon web page may be modified at any time by 909 Networks without prior notice to you and may include such things as, without limitation, links to additional products and services offered by 909 Networks.

Trademarks & Copyrights

Customer warrants that it has the right to use the trademarks and copyrights applicable to all content and/or products being made available through the customer’s account.

Hardware, Equipment, & Software

The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access 909 Networks.
909 Networks makes no representations, warranties or assurances that the Customer’s equipment will be compatible with the 909 Networks service.

Guaranteed Uptime

909 Networks guarantees 100% uptime. A failure to provide 100% uptime will result in customer compensation pursuant to guidelines established herein.

Customer is entitled to compensation if Customer’s web site, databases, email, FTP, SSH or webmail become unusable as a result of failure(s) in 909 Networks systems for reasons other than previously announced scheduled maintenance, coding or configuration errors on the part of the Customer.
Customer will receive 909 Networks credit equal to the Customer’s current hosting cost for 1 (one) of service for each 1 (one) hour (or fraction thereof) of service interruption, up to a maximum of 10% of customer’s next pre-paid hosting renewal fee.

909 Networks’s assessment of downtime begins when Customer opens a support ticket to report the problem.

909 Networks Dedicated Server Stipulations

Bandwidth pricing and measurement frequency is subject to change at 909 Networks’s discretion. Customers affected by such changes will be notified no less than thirty (30) days in advance by 909 Networks.

909 Networks is under no obligation to compensate Customer for downtime, whether the downtime be caused by Customer, 909 Networks, or 909 Networks’s upstream providers.

Customer agrees that dedicated server payments are NONREFUNDABLE. For example, if Customer submits payment for twelve (12) months of service, service will be provided for twelve (12) months and will not be refunded if customer chooses to discontinue service with 909 Networks mid-way through the term.

Hardware upgrades to an existing ‘platform’ (platform defined as a motherboard/chassis combination) will be performed by 909 Networks and shall incur an additional one-time labor fee of $100 as well as an increase to Customer’s standard monthly rate.

Any hands-on labor necessitated by the customer (including, but not limited to, re-installing the operating system on the server) shall be performed by 909 Networks and shall incur an additional one-time labor fee of $100 for each incident.

909 Networks reserves the right to alter the dedicated server packages advertised on its website at its discretion. 909 Networks is not required to upgrade Customers’ hardware or bandwidth allocation as a result of a pricing or service package change. There will be an additional charge of $200 associated for any such hardware upgrade requested by Customer. Customer will not be required to upgrade hardware as a result of a pricing change.

For managed servers, 909 Networks is responsible for the security of the network, the kernel, and the base operating system (defined as the standard set of debian packages that come installed with the server). 909 Networks may take any steps it deems necessary at any time to protect the security of your server (this generally includes applying security patches as well upgrading the entire operating system).

Customer is responsible for keeping the security of their system up to date. This includes but is not limited to the following requirements:
the kernel will be patched within 7 days of any announced security hole relating to the kernel.

Any security patches for all installed software must be applied within 7 days of their general announcement to the security community at large.
909 Networks is not responsible for notifying unmanaged servers of the need to apply patches. Failure to comply with these requirements is grounds for termination of contract without refund. 909 Networks reserves the right to take any action upon unmanaged dedicated servers it deems necessary at any time to protect the security and integrity of 909 Networks’s network.

Age

The Customer certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the “customer” in terms of this contract.

Termination

This contract may be terminated by either party, without cause, by giving the other party 14 days written notice. 909 Networks will accept termination by electronic mail. Notwithstanding the above, 909 Networks may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. 909 Networks reserves the right to charge a reinstatement fee.

Limited Liability

Customer expressly agrees that use of 909 Networks’s Server is at Customer’s sole risk. Neither 909 Networks, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that 909 Networks’s Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the 909 Networks Server service, unless otherwise expressly stated in this contract.

Under no circumstances, including negligence, shall 909 Networks, its offices, agents or any one else involved in creating, producing or distributing 909 Networks’s Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the 909 Networks Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to 909 Networks’s records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on 909 Networks’s Server service.

Notwithstanding the above, Customer’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.

Promotional Codes

By using a promotional (“promo”) code you waive the option to indicate who referred you to 909 Networks.

You may not change/submit a promo code or referrer after you’ve finished signing up.

Promo codes/referrers are for new customers only – if you use one you may not host on your account any domain ever previously hosted with 909 Networks.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold 909 Networks harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against 909 Networks, its agents, its customers, servants 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,its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless 909 Networks against Liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with 909 Networks’s Server; any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement;
any defective product which Customer sold on 909 Networks Server.

Sanctioned Countries

Customer agrees to comply with all applicable export and reexport control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control, and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. Specifically, Customer covenants that it shall not — directly or indirectly — sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from 909 Networks under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. Customer agrees to indemnify, to the fullest extent permitted by law, 909 Networks from and against any fines or penalties that may arise as a result of Customer’s breach of this provision. This export control clause shall survive termination or cancellation of this Agreement.