Terms of Service.

In these Terms of Service ("Terms"), the following capitalised words have the following meanings:

• "NineHost", "we", "us" or "our" means Flash Tune Trading Limited, a company incorporated in Hong Kong with registered office at Unit 1507A, 15/F., Eastcore, 398 Kwun Tong Road, Kwun Tong, Kowloon 999077, Hong Kong, operating the website ninehost.net.
• "Services" means the hosting, virtual-server, dedicated-server, domain-registration, SSL-certificate, email and related services we offer via ninehost.net.
• "Customer", "you" or "your" means the individual or legal entity that opens an account with NineHost and accepts these Terms.
• "Order" means the specific Service plan you purchase, including any add-ons, domain registrations and billing cycle selected at checkout.
• "Customer Content" means any data, files, code, applications and media that you upload to, host on or transmit through the Services.

By creating an account, placing an Order, or otherwise using the Services, you confirm that you have read, understood and agree to be bound by these Terms, our Privacy Policy, our Acceptable Use Policy and our Refund Policy. These policies form an integral part of these Terms.

If you do not agree to these Terms, do not use the Services.

To register and use the Services you must be at least 18 years old (or the age of majority in your jurisdiction, whichever is higher) and able to enter into a legally binding agreement. If you sign up on behalf of a company, you confirm that you have authority to bind that company to these Terms.

You agree to provide accurate, current and complete information during registration and to keep your account details up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at [email protected] of any unauthorised use.

NineHost provides reseller-based hosting infrastructure (shared, WordPress-managed, virtual private servers, dedicated servers), domain registration, SSL certificates, email hosting and ancillary services. Underlying capacity is provisioned via reputable upstream providers including but not limited to Hetzner Online GmbH, Contabo GmbH and similar data-centre operators.

We may add, modify or discontinue features of the Services at any time. Where a change materially reduces a feature you rely on, we will give at least thirty (30) days' notice by email.

You agree to use the Services in accordance with our Acceptable Use Policy (the "AUP"), which is incorporated into these Terms by reference. Breach of the AUP is a breach of these Terms and may result in immediate suspension or termination of your account without refund.

You retain full responsibility for all Customer Content and for compliance with applicable laws in your own jurisdiction and in any jurisdiction where you make Customer Content available.

Fees for the Services are set out at checkout in US dollars (USD) unless otherwise stated, are payable in advance, and are non-refundable except as expressly provided in our Refund Policy. You authorise NineHost to charge your nominated payment method for each renewal of your Order.

Renewals. Unless you cancel before the renewal date, Orders renew automatically for successive periods of the same length, at the price stated on your most recent invoice. We do not raise prices on existing customers without at least thirty (30) days' notice; if we do, you may cancel before the new price takes effect for a full refund of any prepaid unused period.

Taxes. All fees are exclusive of applicable taxes, levies and duties, which you are responsible for paying.

Late payment. If we cannot collect payment when due we may suspend the affected Services after seven (7) days and terminate them, with data deletion, after thirty (30) days.

Refunds are governed by our Refund Policy. In summary: shared and managed-WordPress hosting plans are eligible for a 30-day money-back guarantee from the first paid invoice; VPS, dedicated-server, domain and SSL purchases are subject to product-specific refund rules.

You may cancel an Order at any time from your client area. Cancellation takes effect at the end of the then-current billing cycle unless you specifically request immediate termination.

NineHost, the NineHost logo, and ninehost.net are trademarks of Flash Tune Trading Limited. All rights in the website, software, content and Services not expressly granted to you are reserved by NineHost or its licensors.

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for your own internal business purposes during the term of your Order. You may not resell, sub-licence or otherwise commercially exploit the Services except where you operate your own end-customer hosting business and pass through our infrastructure transparently.

You retain all right, title and interest in and to Customer Content. You grant NineHost a worldwide, royalty-free, non-exclusive licence to host, copy, transmit and display Customer Content solely as necessary to provide the Services.

We have no general obligation to monitor Customer Content, but we may inspect Customer Content where we have reasonable grounds to suspect a breach of these Terms, the AUP, or applicable law, or where required to do so by court order or competent authority.

You are solely responsible for backing up Customer Content. While we operate daily off-site backups as part of certain plans, those backups are provided "as is" without warranty and do not relieve you of your own back-up obligations.

We aim for monthly uptime of 99.99% on shared, WordPress and VPS plans, and 99.9% on dedicated servers, measured outside of scheduled maintenance. Where we miss the applicable target in a given calendar month, you may claim a service credit:

• Below 99.99% but ≥ 99.5%: 10% credit of that month's affected-Service fees.
• Below 99.5% but ≥ 99.0%: 25% credit.
• Below 99.0%: 50% credit.

Credits are your sole and exclusive remedy for uptime shortfalls and must be claimed in writing within thirty (30) days of the affected month.

To the maximum extent permitted by law, the Services are provided "AS IS" and "AS AVAILABLE", without warranty of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement.

NineHost does not warrant that the Services will be uninterrupted, error-free, free of viruses or other harmful components, or that defects will be corrected.

To the maximum extent permitted by law, in no event will NineHost, its affiliates, officers, employees or agents be liable for any indirect, incidental, special, consequential or punitive damages, including lost profits, lost revenue, lost goodwill, business interruption or loss of data, arising out of or in connection with the Services, even if advised of the possibility of such damages.

NineHost's total cumulative liability arising out of or in connection with these Terms or the Services, whether in contract, tort (including negligence) or otherwise, shall not exceed the amount you actually paid to NineHost for the affected Services during the twelve (12) months immediately preceding the event giving rise to the claim.

You agree to indemnify, defend and hold harmless NineHost, its affiliates, officers, employees and agents from and against any and all claims, demands, losses, damages, costs and expenses (including reasonable legal fees) arising out of or relating to (a) your breach of these Terms or the AUP; (b) Customer Content; (c) your violation of any law or third-party right; or (d) your use of the Services in any manner not authorised by these Terms.

You may terminate your account at any time via the client area or by writing to [email protected].

We may suspend or terminate your account, with or without prior notice, if (a) you materially breach these Terms, the AUP or any other policy; (b) we are required to do so by law, court order or competent authority; (c) you fail to pay fees when due; or (d) your use of the Services creates a risk of harm to other customers, our infrastructure or third parties.

On termination, your right to use the Services ends immediately. We will retain Customer Content for thirty (30) days following termination during which you may request a final export, after which Customer Content will be permanently deleted.

We may amend these Terms from time to time. Material amendments will be notified to you by email at least thirty (30) days before they take effect. Continued use of the Services after the effective date of an amendment constitutes your acceptance of the amended Terms; if you do not accept, you may terminate your account before the effective date.

These Terms, and any dispute arising out of or in connection with them or their subject matter, are governed by and shall be construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China, without regard to its conflict-of-laws principles.

Any dispute, controversy, difference or claim arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach or termination thereof, shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of arbitration shall be Hong Kong, the language English, and the tribunal shall consist of one (1) arbitrator.

Nothing in this clause prevents either party from seeking urgent injunctive or other equitable relief in a court of competent jurisdiction.

Entire agreement. These Terms, together with the policies incorporated by reference and your applicable Order, constitute the entire agreement between you and NineHost in relation to the Services and supersede any prior agreement or understanding.

Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.

No waiver. Failure by NineHost to enforce any provision does not waive its right to do so later.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms to an affiliate or successor without notice.

Force majeure. Neither party is liable for failure to perform due to circumstances beyond its reasonable control, including acts of God, war, terrorism, civil disturbance, internet outages, or governmental action.

Questions about these Terms? Email [email protected] or write to: