Services provided by d9x 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.

The subscriber agrees to indemnify and hold harmless d9x from any claims resulting from the use of the service which damages the subscriber or any other party.

d9x makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the d9x services. IN NO EVENT WILL d9x BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO USE d9x'S SERVICES OR ANY CONTENT THEREON. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED BY ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION; COMMUNICATION- LINE FAILURE; NETWORK OR SYSTEM OUTAGE; OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.

d9x reserves the right to change or amend these Terms of Agreement at any time and without prior notice.

Content:
Examples of unacceptable content include, but are not limited to:

• Copyrighted media, without authority to distribute or display
• Unlicensed applications
• Cracking programs or key generators
• Child pornography or kidnapping material
• Fraudulent activity, phishing, pyramid schemes, chain letters, forgery, or impersonation
• Terrorist propaganda, racist material, or bomb/weapon instructions
• Virus/Virii, Spyware, Malware, or other infectious material
• Material protected by trade secret or other statute

• IRC and associated programs (including psybnc, "bots", etc...)
• Scripts commonly used for abuse, attacks, or flooding
• Threatening, harrassing, or obscene content
• Any proxies which do not require authentication (including open mail proxies, unprotected anonymous web surfing proxies, etc...)

Links to unacceptable content, as defined above, are also prohibited.

Backups:
Although backups of your site may be made on a regular basis, the availability of backup data can not be guaranteed, and we do not take responsibility for lost data. It is your obligation to ensure you keep your own regular backups of all data hosted with us (including but not limited to: files, databases and email.)

Bulk Email:
We understand that bulk email is an important mechanism for keeping people informed. However, spamming (unsolicited advertising), from the d9x network, or spamvertising (unsolicited advertising of) sites hosted on the d9x network is STRICTLY prohibited.

Legitimate bulk email meets the following criteria:

1) The recipient has confirmed his willingness to be added to the distribution list of the mailing, by responding to a verification email, or, otherwise, verifiably confirming permission. (Evidence of such must be retained and available by request.)

2) Messages include: Valid headers, removal instructions, and information on the method by which the subscribed address was obtained.

All bulk email senders must post privacy policies, in association with the sending domains. Co-registration is not prohibited, but explanations of the sharing of information must be both publicly available and included in the confirmation mechanism for list subscription.

If d9x approaches a client for evidence of confirmation, this request must be honoured within 24 hours.

Failure to meet the acceptable criteria for bulk mail may lead to immediate termination.

Additionally, if such actions have caused mail servers or IP address ranges on the d9x network to be blacklisted, d9x reserves the right to assess a $100 charge to the customer account. This fee is set to cover administrative costs associated with removal from such lists.

Complaint Handling:
In the case of any such complaint, d9x reserves the right to remove, or disable access to, the content or service complained of while the d9x member and the complaining party attempt to resolve their dispute. This could result in all or part of your service being disabled/removed for as long as it takes to resolve the dispute. d9x is not responsible for, and does not have any liability for any loss of data, profit, or business resulting from our deletion or disabling access of any d9x accounts.