General Terms
Where the context admits: "We" includes Planetnine.NET,
Planetnine.NET or any party acting on Planetnine.NET's
implicit instructions. "You" includes the
person purchasing the services or any party acting on
the customer's instructions. "The Registrant"
includes the person applying for a domain name or any
party acting on the Registrant's instructions. "The
Registry" the relevant domain names Registry. "Server"
means the computer server equipment operated by us in
connection with the provision of the Services. "Web
Site" means the area on the Server allocated by
us to you for use by you as a site on the Internet.
In consideration of the mutual covenants herein, the
parties agree to the following, which shall apply during
the term of this agreement.
By using our services you agree to be bound by our
terms and conditions below:
1. Domain Name Registration
1.1 We make no representation that the domain name
you wish to register is capable of being registered
by or for you or that it will be registered in your
name. You should therefore not assume registration of
your requested domain name(s) until you have been notified
that it has or they have been registered. Any action
taken by you before such notification is at your risk.
1.2 The registration and use of your domain name is
subject to the terms and conditions of use applied by
the relevant naming authority; you shall ensure that
you are aware of those terms and conditions and that
you comply with them. You shall have no right to bring
any claim against us in respect of refusal to register
a domain name.
1.3 We shall have no liability in respect of the use
by you of any domain name; any dispute between you and
any other person must be resolved between the parties
concerned in such dispute. If any such dispute arises,
we shall be entitled, at our discretion and without
giving any reason, to withhold, suspend or cancel the
domain name. We shall also be entitled to make representations
to the relevant naming authority but will not be obliged
to take part in any such dispute.
1.4 Any domain name(s) held, including domain names
provided free of charge with any service(s), will become
the property of Planetnine.NET during a payment or fraud
issue and we will then reserve the right to suspend,
cancel or sell such domain names at our discretion.
If any monies owned to us are not received in full after
30 days from our final notice it will be considered
as fraud and our fraud policy, as detailed on our website,
will be used to collect such monies. If the domain name
is due for renewal during any payment / fraud issues
it will not be renewed and the customer will be billed
the standard yearly rate for domain names as per our
website. Any free domain name offers will cease to be
in force under such circumstances.
2. Web Site Hosting And Email
2.1. We make no representation and give no warranty
as to the accuracy or quality of information received
by any person via the Server and we shall have no liability
for any loss or damage to any data stored on the Server.
2.2. You shall effect and maintain adequate insurance
cover in respect of any loss or damage to data stored
on the Server.
2.3 You represent, undertake and warrant to us that
you will use the Web Site allocated to you only for
lawful purposes. In particular, you represent, warrant
and undertake to us that.
2.3.1 you will not use the Server in any manner which
infringes any law or regulation or which infringes the
rights of any third party, nor will you authorize or
permit any other person to do so.
2.3.2 you will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive,
malicious, defamatory,obscene, pornographic, blasphemous,
profane or otherwise objectionable in any way.
(b) any material containing a virus or other hostile
computer program.
(c) any material which constitutes, or encourages the
commission of, a criminal offense or which infringes
any patent, trade mark, design right, copyright or any
other intellectual property right or similar rights
of any person which may subsist under the laws of any
jurisdiction.
2.3.3 you will not send bulk email whether opt-in or
otherwise from our network. Nor will you promote a site
hosted on our network using bulk email.
2.3.4 you will not employ programs which consume excessive
system resources, including but not limited to processor
cycles and memory.
2.4 We reserve the right to remove any material which
we deem inappropriate from your web site without notice.
We do not host Warez, Adult or illegal MP3 content (i.e.
you may only upload MP3's if you own the copyright).
2.5 You shall keep secure any identification, password
and other confidential information relating to your
account and shall notify us immediately of any known
or suspected unauthorized use of your account or breach
of security, including loss, theft or unauthorized disclosure
of your password or other security information.
2.6 You shall observe the procedures which we may from
time to time prescribe and shall make no use of the
Server which is detrimental to our other customers.
2.7 You shall procure that all mail is sent in accordance
with applicable legislation (including data protection
legislation) and in a secure manner.
2.8 In the case of an individual User, you warrant
that you are at least 18 years of age and if the User
is a company, you warrant that the Services will not
be used by anyone under the age of 18 years.
2.9 Any access to other networks connected to Planetnine.NET
must comply with the rules appropriate for those other
networks.
2.10 While we will use every reasonable endeavour to
ensure the integrity and security of the Server, we
do not guarantee that the Server will be free from unauthorized
users or hackers and we shall be under no liability
for non-receipt or misrouting of email or for any other
failure of email.
2.11 Users that abuse the network, such as mass unsolicited
email (spam), illegal content, fraud, payment invasion,
will have their account suspended. extreme cases we
may terminate your account and end our business relationship
with you immediately. In such circumstances a refund
will not be paid.
2.12 If you abuse the network or we receive a complaint
about your account we will investigate this and we have
the right to suspend the account if your actions could
have a negative effect on our business or any other
business connected to us. In extreme cases we may terminate
your account and end our business relationship with
you immediately. In such circumstances a refund will
not be paid.
2.13 The above clauses, namely 2.11, and 2.12 are here
to protect our honest and legitimate customers from
the negative effects caused by abuse of our network.
3.Web Site Hosting Service Availability
3.1 We shall use our reasonable endeavours to make
available to you at all times the Server and the Services
but we shall not, in any event, be liable for interruptions
of Service or down-time of the Server.
3.2 We shall have the right to suspend the Services
at any time and for any reason, generally without notice,
but if such suspension lasts or is to last for more
than 7 days you will be notified of the reason.
3.3 The Services provided to you hereunder and your
account with us cannot be transferred or used by anyone
other than you. No more than one log-in session under
any one account may be used at any time by you. If you
have multiple accounts, you are limited to one login
session per system account at any time; user programs
may be run only during log-in sessions. If your account
is found to have been transferred to another party,
or shows other activity in breach of this sub clause,
we shall have the right to cancel the account and terminate
the Services and/or this Agreement immediately.
3.4 Uptime guarantees do not include downtime required
to upgrade / service hardware or problems caused by
your equipment or 3rd parties, for example but not limited
to, your ISP (internet service provider).
4. Payments
4.1 All charges payable by you for the Services shall
be in accordance with the scale of charges and rates
published from time to time by us on our web site and
shall be due and payable in advance of our service provision.
We reserve the right to change pricing at any time although
all pricing is guaranteed for the period of pre payment.
4.2 Payment is due each month or year until closure
notice is given. If you choose to pay by credit or debit
card you must authorise payment to Planetnine.NET's
PayPal or Nochex account before the service is provided.
4.3 All payments must be in £UK (UK pounds).
4.4 Without prejudice to our other rights and remedies
under this Agreement, if any sum payable is not paid
on or before the due date, we shall be entitled forthwith
to suspend the provision of Services to you.
4.5 Orders submitted using free email accounts may
be subject to a telephone call to confirm the order
prior to the account being set up.
4.6 From time to time security checks are performed
and new customers may be telephoned prior to any service
commencing.
4.7 If unpaid monies are owned to us for one or more
services we reserve the right to suspend / terminate
all services you hold within the Planetnine.NET network.
5. Web Site Hosting Termination
5.1 If you fail to pay any sums due to us as they fall
due, we may suspend the Services and/or terminate this
Agreement forthwith without notice to you.
5.2 If you break any of these terms and conditions
we may suspend the Services and/or terminate this Agreement
forthwith without notice to you.
5.3 If you are a company and you go into insolvent
liquidation or suffer the appointment of an administrator
or administrative receiver or enter into a voluntary
arrangement with your creditors, we shall be entitled
to suspend the Services and/or terminate this Agreement
forthwith without notice to you.
5.4 Refunds will be given at the discretion of the
Company Management including refunding of upfront yearly
fees
5.5 We reserve the right to suspend the Services and/or
terminate this Agreement / your account at any time
with no notice or reason.
5.6 You may cancel the Services at any time. For annually
paid plans the account will be suspended at the end
of the 12 month period.
5.7 On termination of this Agreement or suspension
of the Services we shall be entitled immediately to
block your Web Site and to remove all data located on
it.
5.8 When an account termination request is received
it will only be actioned if it contains enough proof
that we know it came from the authorised account holder.
Such information required is: account number, username
and password.
5.9 Accounts closed in error by the customer will not
be reopened unless we receive new payment equivalent
to one months service which must then be cancelled by
the customer at the correct time of closure.
6. Web Site Design Services
6.1 No work will start on the design of a website until:
i) we have received full payment, ii) we have received
all requested information from the customer such as:
text for the web pages etc.
6.2 Once work has started on the design we will only
refund a percentage for work uncompleted if a refund
if requested.
7. Adult website hosting
7.1 We do not under any circumstances allow adult content.
The designation of ‘adult contents’ is left
entirely to the discretion of Planetnine.NET.
8. This agreement
8.1. By performing any transactions on this web site
you agree to these terms and conditions and also agree
to make any person(s) who use our services aware of
our terms and condition
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