Terms of Service

Definitions and legal references

This Website (or this Application) The property that enables the provision of the Service. Agreement Any legally binding or contractual relationship between the Owner and the User, governed by these Terms. Owner (or We) e9. The natural person(s) or legal entity that provides this Website and/or the Service to Users. Service The service provided by this Website as described in these Terms and on this Website. Terms Provisions applicable to the use of this Website and Services in this or other related documents, subject to change from time to time, without notice. User (or You) The natural person or legal entity that uses this Website.

This document is an agreement between You and e9. and nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

You acknowledge and agree that by accessing or using this website or using any services owned or operated by this website, you have agreed to be bound and abide by these terms of service (“Terms of Service”), our privacy notice (“Privacy Notice”) and any additional terms that apply.

These Terms govern

• the conditions of allowing the use of this website, and,
• any other related Agreement or legal relationship with the Owner

in a legally binding way. Capitalized words are defined in appropriate sections of this document.

The User must read this document carefully.

If you do not agree to all of these Terms of Service and any additional terms that apply to you, do not use this website.

e9 site is published by

esmcloud9.com

Sisattanak District. Vientiane LAOS PDR,
VTE POST CODE 01000.
LAOS PDR, Southeast Asia.
Owner contact email: sadek@esmcloud9.com
Contact phone: +8562029237237

Summary of what the User should know

• Age restriction on usage of this Website and the Service: To access and use this Website and any of its Service the User must be an adult under applicable law.
• Please note that some provisions in these Terms may only be applicable to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each applicable section. In the absence of any such mention, sections apply to all Users.

Terms of use

Single or additional conditions of use or access may apply in specific cases and are additionally indicated within this document.

By using this Website, Users confirm to meet the following requirements:

• There are no restrictions for Users in terms of being Business/Commercial Users or Consumers.
• Users must be recognized as adult by applicable law.

Content on this Website

Unless otherwise specified all Website Content is provided or owned by the Owner or its licensors.

The Owner has taken efforts to ensure that the Website Content does not violate legal provisions or third-party rights. However, it’s not always possible to achieve such a result.

In such cases, the User is requested to report complaints using the contact details specified in this document.

Rights regarding content on this Website – All rights reserved

The Owner reserves and holds all intellectual property rights for any such content.

Users may therefore not use any such content, in any way that is not necessary or implicit in the proper use of the Website/Service.

Access to external resources

Through this Website, Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third party’s terms and conditions or, in the absence of those, applicable statutory law.

Acceptable use

This Website and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of this Website and/or the Service violates no applicable law, regulations or third-party rights.

Liability and indemnification

Common provisions

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (e.g.. labor actions, infrastructural breakdowns or blackouts etc.).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Website and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.

Intellectual property rights

Any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Website are the exclusive property of the Owner or its licensors.

Any trademarks and all other marks, trade names, service marks, wordmarks, illustrations, images, or logos appearing in connection with this Website and or the Service are the exclusive property of the Owner or its licensors.

The said intellectual property rights are protected by applicable laws or international treaties related to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

We reserve the right to alter the prices advertised on our website and fees at any time.

Such changes will only affect the relationship with the User for the future.

The User’s continued use of the Website and/or the Service will signify the User’s acceptance of the revised Terms.

Failure to accept the revised Terms may entitle either party to terminate the Agreement.

If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.

Any change of these Terms shall be communicated in writing no later than one month prior to becoming effective. Should Consumers not accept the modified Terms, they shall have the right to terminate the Agreement without any penalty nor right to claim compensation up to four months following the day on which the modified Terms have become effective.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose, or subcontract any or all rights under these Terms. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts

All communications relating to the use of this Website must be sent using the contact information stated in this document.

Severability

Should any of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Governing law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

Products

1. Domains

Domain Registration. We make no representations as to the availability of a particular domain name requested for registration by you (Domain). A Domain will always be registered in or transferred into your name, not E9. You should manage your Domain’s WHOIS data through your E9 domain access control at e9 Domain Access area. It is your responsibility to ensure that all data is accurate. Your Domain may be taken offline if you fail to keep your contact data up to date and it cannot be verified. To provide the best service we may from time to time change the registrar that a Domain is held with, at our discretion and without notice. Such a change does not impact your domain name usage.

For all applicable TLDs you agree that we will act as a Designated Agent, in accordance with ICANN’s Transfer Policy, for you whenever a request is made to update the registrant contact details associated with a Domain. In that respect, you authorize us to approve a change of registrant of any change to the registrant’s details on behalf of you.

Checking the registration/renewal. Our service is limited to the forwarding of your order to the registry. It is your sole responsibility to ensure that the domain has been registered, renewed and/or transferred as appropriate. We accept no liability for any failure to register or transfer the Domain.

Third Party terms and conditions. Domain registration is subject to third party terms and conditions including those from the relevant registry for the Domain extension. By submitting your order to us you are confirming that you will at all times and in all respects comply with ICANN’s and any relevant registry’s terms and conditions for domain registration and use. You will indemnify us in respect of any failure by you to comply with the terms of this Agreement or any failure to comply with ICANN or the registry’s terms and conditions.

Domain Renewals. We will endeavor to automatically renew a Domain on your behalf when it is due for renewal, save where you have given notice or where you have set the Domain to either cancel or manual renewal in your control panel. We will not renew a Domain where no up to date payment method has been provided or where you fail to make payment as required.

Detail of renewal. Renewals will ordinarily be renewed for the same duration as the initial registration period, unless you instruct in writing of any required amendment or modify the renewal settings in your Account. The renewal will be charged at the prevailing rate at the time of renewal. We shall take payment/or you make payment for Domain renewals up to 5 days prior to the Domain renewal date in order to ensure that the Domain is renewed on time.

Expired Domains. In the event that a domain name is not renewed by its expiry date it shall cease to operate and shall be deemed to be expired. A registered Domain shall expire if we are unable to take payment via the method provided, or where you have set the Domain to expire or fail to manually renew the Domain before the renewal date.

Domain Transfers and Ownership Terms. We shall determine the ownership of a registered Domain by reference to the details held on the Whois database. If the Whois database details are not determinative then we shall be entitled to request whatever supporting evidence we may require to ascertain ownership. It is your obligation to resolve any dispute over ownership with a third party. We are under no obligation to carry out a transfer request if we are not satisfied that the correct consents and permissions have been obtained.

Basis of Transfer. You are solely responsible for completing any steps required to transfer the domain, including but not limited to: changing the Nominet IPSTAG of the domain, unlocking the domain name, providing the Authorization code, and approving a transfer request. You must inform us if you wish to cancel a transfer and request a refund in accordance with our refund policy.

Transfer Restrictions. You acknowledge that one year may be added and charged to some domain extensions when transferred. Some domains have maximum registration periods and you acknowledge this may prevent a transfer if the renewal would push the registration over the registry term limit. We will not initiate transfer of a Domain until the order has been placed and fully paid.

Renewal Failure: If we do not receive the renewal fee within the Grace Period (5 days prior) then our Agreement for that Domain will terminate immediately and without liability to us. You acknowledge and agree that we are not obliged to take any action to renew or recover a Domain in the Redemption Period and will only make such attempts once the you have paid both the redemption and renewal fees. We make no guarantee that attempted renewals will be successful.

You acknowledge that following the end of the Grace Period we may at our sole discretion carry out the following actions:

1. auction the Domain;
2. change the contact details; and/or
3. transfer the Domain.

UK domains managed by Nominet UK are subject to their terms and conditions located at: https://www.nominet.uk/go/terms

If we cannot accept or fulfil your order. If we are unable to accept or fulfill your order, we will inform you of this and refund any money paid you have paid to us. Examples of when we will not be able to fulfil your order include when your desired domain name is no longer available to register, where the registry has decided to charge a non-standard price or where the domain transfer you have requested can no longer be transferred.

Refund & Return: Unfortunately domains registration, renewal, transfer and WHOIS ID protection are non-refundable.

2. Hosting

Free Domain Offer. Some of our hosting packages include a free domain registration or transfer. This applies to a limited number of domain extensions and may vary from time to time. We may allow or disallow a free registration or transfer at our discretion. All other extensions are excluded from this offer and will incur additional costs. Any reduction in fees for customers who wish to order using a different extension must be agreed in advance by us. The registration period is one year. Future renewals of these domains will incur our regular renewal rate.

Purpose of Services. Unless explicitly stated to the contrary our services are intended to be used for the purposes of hosting websites and email. Batch processing, video encoding/transcoding, web crawling/spidering, archiving and online backup systems and any system for purposes other than hosting a website are not permitted on our shared or reseller hosting servers. You may only use such tools with our agreement in writing on a dedicated server. We reserve the right to take proactive action to maintain the stability of our systems for all clients. We explicitly forbid adult pornography streaming websites,

Suitability of Hosting Environment. Some packages feature an ‘unlimited’ service, meaning we do not actively limit your account on either disk space or bandwidth (or both). However, to ensure system stability, accounts are limited by resource usage to ensure no one client can affect the service of others on shared or reseller servers. On dedicated servers, your resources are defined by the package you purchase.

“Unlimited” Allowances. Any ‘unlimited’ allowances are subject to fair use and any customer using an amount of monthly bandwidth or disk space deemed excessive in comparison to the average usage by other customers on our platform may, at our discretion, be advised to improve website efficiency and/or configure a CDN, or  upgrade to a bespoke e9 and will be billed accordingly.

Service Needs. If we feel that the service selected or purchased by you does not meet your service needs we will inform you of this and advise you of the appropriate service for your needs. We are under no obligation to continue to provide hosting services that are inadequate or unsuitable for your needs. Refusal to cooperate with an account move request may result in account suspension and/or termination.

Migration Service. We offer a free migration service to help move your website from your previous provider to ourselves. This is a best-effort service. You acknowledge that you are the party most familiar with your website and we cannot know the intricacies of all the websites we host. We will take reasonable care to move your site files and data but it is your responsibility to give us suitable access to retrieve the data and to check that the site has been migrated successfully. We aim to migrate websites within 72 hours, though we do not guarantee any particular timeframe for the migration. In some cases we may be able to migrate emails, dns records and domain names also, but we do not warrant that we can move them successfully, or without interruption.

Changes to the hosting environment. We reserve the right to change the hosting environment your website runs in. These changes will be made on a “like for like” basis and will not affect your use of the hosting environment. The only circumstances where material changes will be made to your website hosting environment will be to provide you with an ‘upgrade’.  You will be informed in writing of any changes that we make to the hosting environment. This may be:

to reflect changes in relevant laws and regulatory requirements; and

to implement minor technical adjustments and improvements, for example to address a security threat; and

to change between location and provider. We offer a choice of server locations and providers. It may be that your desired location is not available, or your existing location is changed or shut down. We may at our discretion move to you an equivalent location or provider. (E.g. Microsoft Azure’s cape town datacenter, to Microsoft Azure’s Johannesburg datacenter, or AWS Bahrain to Alibaba Bahrain).

Upstream Providers. You must agree to the terms of our upstream providers with emphasis on their terms of export law (e.g. software used should be licensed in the US for Digital Ocean). We have attempted to incorporate all of their relevant terms into this agreement. See Infrastructure providers.

Infrastructure providers

CDN and Bandwidth Usage. In some locations where bandwidth prices are high due to relative lack of connectivity (e.g. the Middle East), or fluctuate, we may require you to use a CDN service we provide. A CDN service distributes worldwide traffic worldwide, rather than from your single server, thus speeding up page loads and reducing bandwidth from source. We will reasonably assist with the setup.

No Guarantee. We make no guarantee to defend your website from a denial of service attack unless that service has been specifically offered and agreed. If you think you may be a DDOS target you should purchase a DDOS mitigation service from a third party such as Cloudflare.

Service uptime. We endeavor to provide a 99.9% service uptime, excluding planned or emergency server maintenance or conditions beyond our reasonable control. All customers will be notified of planned maintenance as far as possible in advance through our status page and, should the maintenance last for longer than 30 minutes, via e-mail. In the event of a problem with your server, we shall ensure that a qualified engineer will be dealing with the problem within 30 minutes of being notified. In the rare event that your problem cannot be resolved within 30 minutes you will be notified. When notifying you we will provide you with the details of the problem along with an estimation of when the issue will be resolved. Notification may be via one of your contact methods or via our public status page e9 Server Status.

Backups. We take twice-daily backups of your websites and store them offsite, usually in the same geographic region (but not necessarily the same country) as your live server for the best performance. If you have data residency requirements please contact us to arrange a bespoke e9. We may exclude files we consider non-fundamental to the operation of your website, e.g. error logs, cPanel backups, cache files. Backups are a best effort service and we do not warrant that they are complete or regular. It is your responsibility to keep backups of your own website.

Disruption to Services. We are not responsible for disruption to the services outside our control. We endeavor to choose providers that offer an extremely high level of performance and uptime but if our supply of the services is disrupted by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the disruption. This may be via our status page at e9 Server Status. We will not be liable for disruption caused by the event. We will not be responsible for network or hardware issues upstream of us. E.g. if AWS have an issue we will not be responsible for their problems or include this within our 99.55-99.9% uptime calculation.

ACCEPTABLE EMAIL USAGE

We provide the ability to send e-mail using SMTP. This is designed for day-to-day communication needs. All outbound mail is scanned by a cloud-based spam filtering system.

We have a zero-tolerance policy against spam and the sending of bulk, unsolicited e-mail is prohibited at all times. Customers who abuse the email service will be notified that their behavior is unacceptable and may have their accounts suspended, terminated or blocked.

By purchasing the services you agree to the following:

not to send emails that might cause annoyance, inconvenience or anxiety to a recipient;

not to send any emails likely to cause distress or any material which is offensive, indecent, obscene, menacing or in any way unlawful;

to have a clear opt out policy in all newsletter communications;

not to use our mail services or network to send email to any user who does not wish to receive it;

not to use our mail services or network to send unsolicited email, in bulk (commonly known as ‘spam’) or individually;

not to use our mail services or network with intent to deprive others of service (‘mail bomb’);

not to use false mail headers or alter the headers of mail messages in such a way as to conceal the identity of the sender;

not to use any email address that you are not authorized to use;

to ensure that any email servers connected to our network and operated by you are not configured to allow ‘open relay’;

to take full responsibility for your own email reputation;

not to take any action that would put you or us in breach of obligations under the General Data Protection Regulations or Data Protection Act 2018.

ACCEPTABLE WEB USAGE

Web usage includes the use of web space provided with client accounts, web hosting on our servers and the use of web services and space on dedicated servers. We do not monitor content on any web space maintained by customers (whether shared served space or dedicated services). We bear no responsibility for the content of your website.

It is your sole responsibility to ensure that the content and materials on any website owned or operated by you contains material that you have created or have permission to use.

It is your sole responsibility to resolve any dispute involving Copyright or Intellectual Property Rights associated with your website or web service. You agree to indemnify esmcloud9.com against all costs, including legal costs, of defending any claim against us from any third party regarding your use of copyright or intellectual property rights in relation to any claims made against you or us Worldwide.

You must not use your website or web service to promote or distribute any material or content that is illegal (under any current or future legislation) in either the Laos or any other jurisdiction in which your website or web service is operational. You should be aware that the internet is a global communications network and what may be legal in Laos may be illegal elsewhere and leave you liable to prosecution in another country.

NON ACCEPTABLE WEB CONTENTS TO BE HOSTED ON OUR SERVER

Adult content/video or porn content/video, brewery, alcohol or any beverage that lead to human being unconscious, illegal drugs, livestock as pigs, Foods as pork, wild animals.

Detail of renewal. Renewals will ordinarily be renewed for the same duration as the initial registration period, unless you instruct in writing of any required amendment or modify the renewal settings in your Account. The renewal will be charged at the prevailing rate at the time of renewal. We shall take payment/or you make payment for hosting package renewals up to 5 days prior to the Domain renewal date in order to ensure that the Domain is renewed on time.

Hosting Package Renewals. We will endeavor to automatically renew a hosting package on your behalf when it is due for renewal, save where you have given notice or where you have set the hosting package to either cancel or manual renewal in your control panel. We will not renew a hosting package where no up to date payment method has been provided or where you fail to make payment as required.

Renewal Failure: If we do not receive the renewal fee within the Grace Period (5 days prior) then our Agreement for that hosting package will terminate immediately and without liability to us. You acknowledge and agree that we are not obliged to take any action to renew or recover a hosting package in the Redemption Period and will only make such attempts once the you have paid both the redemption and renewal fees. We make no guarantee that attempted renewals will be successful.

We reserve the right to undertake investigation of content services if potential abuse is brought to our attention and to remove any web page on our servers at any time and for any reason. Any accounts found to be abusive, contain illegal content or otherwise break our terms of service will be liable for immediate termination.

Refund & Return:

• Within 14 calendar days of your first purchase.
• Must have the receipt or proof of purchase.
• Refund paid by the same currency, and total amount minus transfer and service fee.
• Renewal is non-refundable.

Restrictions

Content & DMCA Compliance

The following content is forbidden on our hosting:

• Any bots, including IRC or other social bots e.g. Telegram bots
• Any Warez (i.e. copyrighted content you do not have rights to)
• Phishing Content, especially website that has malicious purposes
• Bulk mailing
• Audio streaming
• Video “tube” websites
• IP Scanners, Brute Force Programs;
• Any financial institution websites (banking, insurance, investment) unless explicitly approved in writing from our team who will ask to see proof of regulatory approval.
• Pharmaceutical websites
• Lottery sites
• Adult sites and/or porn video, and contents.
• File Storage, including movies, applications, and computer backups
• File upload websites
• Distribution of confidential and personal information;
• Mobile app downloads
• NextCloud/OpenCloud

Any account found to be hosting the above will be immediately taken offline

DMCA Compliance

Most of our infrastructure is in the US, which puts your web presence under the jurisdiction of US law. Laws like the Digital Millennium Copyright Act (DMCA). We may be required by law to send you notices such as DMCA takedown notices, UDRP notices, etc, please note that we will comply with the requests.

Banned Countries

e9 hosting is a popular choice for people looking to host their website, however, there are instances where e9 hosting cannot be used due to geographic boundaries.

More than half of the world’s population uses the Internet on a day-to-day basis, but not everyone is granted the same freedom when browsing. What this means is that the web is not really as worldwide as we may want it to be. Each country has its own laws and regulations that govern everything, including the Internet. There is a rapid decline in internet freedom, with only a handful of countries allowing access to truly uncensored cyberspace.

There are some countries internet is found restrictive, find a list of these countries below

Clients from the banned countries listed below will be unable to purchase hosting from us.

• China
• Qatar
• Iran
• North Korea
• Sudan
• Syria
• Afghanistan
• Cuba
• Eritrea
• Guinea
• Liberia
• North Cyprus
• Sierra Leone
• South Sudan
• Syrian Arab Republic

Account Closure

e9 Account

Closing your e9 account will permanently delete all associated information, Account closures cannot be reversed. Once we delete your data there’s no way to retrieve it. To close your account, please contact support.

Note: You cannot request refunds once you close your account. If you’re eligible for a refund, please contact our support to request a refund before you close your account. Once your account is closed, your account data is deleted and you will no longer be eligible for a refund.

Follow these steps to ensure below conditions are met

No credit cards are linked to the account.

No pending backorders.

All registered domains are removed, and TLDs are set to XWHOIS.

No active products or billing lines exist.

No active workflows should be present.

If you want your contact details removed as well, you can remove email addresses, phone numbers, and postal addresses from the account.

If you are still requesting closure despite the above conditions being resolved, escalate the request to our support for further assistance

These steps ensure that the account can be closed securely and that all personal data is handled according to the e9’s policy.

Last Updated: December 2, 2024