Effective July 29, 2020
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you shall not access or use any of our Services. If these terms and conditions are considered an offer by COVERT NINE, acceptance is expressly limited to these terms.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.
For any use of our Services that requires an account, you agree to provide us with complete and accurate information when you register for an account (“Account”). You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
Your Account and Web Site. You are responsible for maintaining the security of your Account and Web Site, and you are fully responsible for all activities that occur under the Account and any other actions taken in connection with the Web Site. You must immediately notify COVERT NINE of any unauthorized uses of your Web Site, your Account, or any other breaches of security. COVERT NINE will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. For purposes of these terms and this Agreement, “Web Site” shall mean sites created, published or hosted using our Services.
Responsibility of Contributors. If you operate a Web Site, comment on a Web Site, post material to the Web Site, post links on the Web Site, or otherwise make (or allow any third parties to make) material available (any such material, “Content”), you are entirely responsible for the Content of, and any harm resulting from, that Content or your conduct which includes but is in no way limited to harm or damage caused due to your unauthorized use of materials or Content that infringes on any third party’s intellectual property rights. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using our Services, you represent and warrant that your Content and conduct do not violate this Agreement or the User Guidelines, and does not in any way infringe on the intellectual property rights of any other party. By submitting Content for inclusion on your COVERT NINE-hosted Web Site, you grant COVERT NINE a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your Web Site. This license allows COVERT NINE to make publicly-posted Content available to third parties selected by COVERT NINE so that these third parties can analyze and distribute (but not publicly display) your content through their services. If you delete Content, COVERT NINE will use reasonable efforts to remove it from our servers, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, COVERT NINE has the right (though not the obligation) to, in COVERT NINE’s sole discretion, (i) refuse or remove any content that, in COVERT NINE’s reasonable opinion, violates any COVERT NINE policy, including the COVERT NINE Acceptable Use Policy, or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of our Services to any individual or entity for any reason. COVERT NINE will have no obligation to provide a refund of any amounts previously paid.
Web Traffic. We may use a third party to measure the audience and usage of our Services. If we require additional documentation to verify ownership of your Web Site or domain name, you agree to make reasonable efforts to accommodate such requests.
HTTPS. We offer free HTTPS on all Web Sites by default. To use this service, you can provide us with a SSL certificate to use, or we can provide them for you via Let’s Encrypt. By signing up for our hosting services, you authorize us to act on the domain name registrant’s behalf (by requesting the necessary certificates, for example) for the sole purpose of providing HTTPS on your site.
Themes. By activating a theme from the themes directory, you agree to that theme’s terms of service. You can opt out of their terms of service at any time by de-activating that theme.
Payment and Renewal.
- General Terms.
Optional paid services such as extra storage may be available (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay COVERT NINE the monthly or annual subscription fees indicated for that Upgrade. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated.
- Automatic Renewal.
Unless you notify COVERT NINE before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time.
RESPONSIBILITY OF VISITORS.
COVERT NINE has not reviewed, and cannot review, all of the material, including computer software, or Content posted to our Services, and cannot therefore be responsible for any Content or any infringement, breach, action or liability arising from its posting, dissemination, use or effect. . By operating our Services, COVERT NINE does not represent or imply that it endorses any Content posted to your Web Site, or that it believes such Content to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors.
CONTENT POSTED ON OTHER WEB SITES.
Third Party Services. The Services are integrated with various third party services, applications and sites (collectively, “Third Party Services”) that may make available to you their content and products. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We don’t control Third Party Services, and we’re not liable for Third Party Services or for any transaction you may enter into with them. Your security when using Third Party Services is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We’re not liable to you for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result thereof (except where prohibited by law). The Services may contain links to third party sites. When you access third party sites, you do so at your own risk. We don’t control and aren’t liable for those sites.
We haven’t reviewed and can’t review all of the Content made available via the Services or User Web Sites. The Services or User Web Sites may contain Content: (a) that is offensive or objectionable; (b) that contains errors; (c) that violates intellectual property, privacy, publicity or other rights of third parties; (d) that is harmful to your computer or network; or (e) the downloading, copying or use of which is subject to additional terms and policies. By operating the Services, we don’t represent or imply that we endorse Content provided therein, or that we believe such Content to be accurate, useful or non-harmful. We’re not a publisher of, and we’re not liable for, any Content uploaded, posted, published or otherwise made available via the Services. You’re responsible for taking precautions to protect yourself, and your computer or network, from Content accessed via the Services.
COPYRIGHT INFRINGEMENT AND DMCA POLICY.
As COVERT NINE asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by our Services or Content located on a user hosted account or website violates your intellectual property rights, you must notify COVERT NINE in accordance with COVERT NINE’s Digital Millennium Copyright Act (“DMCA”) Policy. COVERT NINE will respond to all such notices, as required by law or take such action as outlined in the DMCA Policy.
This Agreement does not transfer from COVERT NINE to you any COVERT NINE or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with COVERT NINE. COVERT NINE, COVERT NINE.com, c9clooud.net, the COVERT NINE logo, and all other trademarks, service marks, graphics and logos used in connection with our Services, are trademarks or registered trademarks of COVERT NINE or COVERT NINE’s licensors (the “Covert Nine Trademarks”). Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties (the “Third Party Trademarks”). Your use of our Services grants you no right or license to reproduce or otherwise use any COVERT NINE Trademarks or Third-Party Trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered (the “Terms”). If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you must stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms and will be deemed an acceptance of the new terms. However, any dispute that arose before the changes took effect shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
COVERT NINE may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your COVERT NINE Account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
DISCLAIMER OF WARRANTIES.
Our Services are provided “as is.” COVERT NINE and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither COVERT NINE nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
LIMITATION OF LIABILITY.
In no event will COVERT NINE, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to COVERT NINE under this Agreement for the Services during the twelve (12) month period prior to the event giving rise to the cause of action. COVERT NINE shall have no liability for any failure or delay in the performance or delivery of the Services or interruption in the Services due to matters beyond its reasonable control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services. The foregoing shall not apply to the extent prohibited by applicable law.
GENERAL REPRESENTATION AND WARRANTY.
US ECONOMIC SANCTIONS.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and COVERT NINE reserves the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless COVERT NINE, its contractors, and its licensors, and their respective directors, officers, employees, and agents (the “Indemnified Parties”) from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement. Additionally, you agree to defend and indemnify the Indemnified Parties from and against any third-party action, suit or proceeding and any losses, damages or costs incurred with regard to same in which it is determined that any Content posted by you infringes upon the intellectual property rights of any third party.
- Account Security and COVERT NINE Systems. Covert Nine may, but is not obligated to, monitor our systems and your Web Site(s), including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. In addition, COVERT NINE may, at its option perform maintenance, updates and security scans on your Web Site(s) and our systems and the underlying software to ensure our serves and systems remain secure. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.You agree that any such activities by COVERT NINE are not intented to act as a substitute for suitable security measures being taken by you to protect your Web Site(s) from breach, modification or unwarranted access and you are solely responsible for implementing appropriate safeguards to that effect.
ACCEPTABLE USE POLICY
This Acceptable Use Policy outlines some examples of prohibited conduct in connection with our Services.
As a condition of using our Services, you agree not to misuse the Services or help anyone else do so. For example, you can’t do any of the following in connection with the Services:
Abusing And Disrupting The Services
1.1. Don’t probe, scan or test the vulnerability of any system or network.
1.2. Don’t breach or otherwise bypass any security or authentication measures.
1.3. Don’t access, tamper with or use nonpublic areas or parts of the Services, or shared areas of the Services you haven’t been invited to.
1.4. Don’t interfere with or disrupt any user, host or network (whether it’s COVERT NINE’s or someone else’s), for example by distributing malware or overloading, flooding or mail-bombing any part of the Services.
1.5. Don’t take apart, decompile or reverse engineer any part of the Services in an effort to access things such as source code or algorithms.
1.6. Don’t access, search or create accounts for the Services by any means other than our publicly supported interfaces (for example, scraping, spidering or crawling).
1.7. Don’t take any action that imposes an unreasonable load on our infrastructure or our third party providers. (We reserve the right to determine what’s reasonable.)
1.8. Don’t provide your password to any other person, use any other person’s username and password, or otherwise manage the Services through shared credentials.
Spamming And Phishing
2.1. Don’t send spam or other unsolicited communications, promotions or advertisements. (We reserve the right to determine what constitutes spam.)
2.2. Don’t send altered, deceptive or false source-identifying information, including without limitation phishing or spoofing.
Deceiving And Impersonating Others
3.1. Don’t do anything that’s false, fraudulent, inaccurate or deceiving.
3.2. Don’t impersonate another person, company or entity.
3.3. Don’t engage in misleading or unethical marketing or advertising.
4.1. Don’t use unauthorized credit cards, debit cards or other unauthorized payment devices on the Services.
4.2. Don’t promote or advertise products or services other than your own without appropriate authorization.
4.3. Don’t sell the Services unless specifically authorized to do so, or publish or use the Services on any network or system other than those provided by COVERT NINE unless previously authorized by COVERT NINE.
Infringing, Misappropriating And Violating Rights
5.1. Don’t infringe or misappropriate anyone’s copyright, trademark or other intellectual property rights.
5.2. Don’t violate anyone’s privacy or publicity rights.
Being A Jerk
6.1. Don’t do or post anything threatening, harassing, abusive, excessively violent, offensive, sexually explicit or obscene.
6.2. Don’t advocate bigotry or hatred against any person or group based on their race, ethnicity, nationality, religion, gender, gender identity, sexual preference, age or disability.
Breaking the Law
7.1. Don’t use the Services in violation of any US export controls, regulations or sanctions.
7.2. Don’t do anything that otherwise violates the law, including without limitation all local laws regarding online conduct and acceptable content.
If we conclude that you’re violating any of these policies, or engaging in any other behavior we, in our sole and absolute discretion, deem abusive or inappropriate, we may take action against your Account or Your Web Site(s). We try to ensure fair outcomes, but in all cases we reserve the right to remove any content or suspend your Account or Web Site(s), without any refund of any amounts paid for the Services, without notice, at any time and for any reason. We reserve the right to enforce, or not enforce, this Acceptable Use Policy in our sole discretion. If you feel that your content has been removed or your account suspended without a valid reason, you may appeal our decision by sending an email to [email protected] outlining the reasons you believe that your content was removed in error.
We may modify this Acceptable Use Policy from time to time, and will post the most current version on our site. If a modification meaningfully reduces your rights, we’ll notify you in accordance with the procedures set forth in our Terms of Service.
Covert Nine respects intellectual property rights and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), Covert Nine responds expeditiously to claims of copyright infringement committed using the Services or otherwise committed by users of our Services. In accordance with the DMCA and other applicable law, Covert Nine will, under appropriate circumstances, terminate the accounts of repeat copyright infringers. We also reserve the right, in our sole discretion, to terminate any account for actual or apparent copyright infringement without liability and without any obligation to refund any amounts paid for use of the Services.
Submitting a Notice of Infringement. To submit a notice of claimed copyright infringement, you will need to provide us with the following information at https://www.covertnine.com/dmca-notice/:
- Identification of the copyrighted work claimed to have been infringed (e.g., a link to your original work or clear description of the materials allegedly being infringed upon);
- Identification of the infringing material and information reasonably sufficient to permit Covert Nine to locate the material on the User Web Site ;
- Your contact information, including name, address, telephone number and email address;
- The following statements:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.”
“I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”; and
- A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on their behalf.
Deliver this notice, with all items completed, to Covert Nine’s Designated Copyright Agent:
Covert Nine LLC
Attention: Copyright Agent
3435 N. Sheffield Ave.
Chicago, IL 60657
Email: [email protected]
Covert Nine’s response to notices of alleged copyright infringement may include the removal or restriction of access to allegedly infringing material or disabling of a User account or Web Site. Please note that information provided in a notice of copyright infringement may be forwarded to the user who posted the allegedly infringing content.
Bad Faith Notices. Please be aware that under 17 U.S.C. § 512(f), you may be liable for any damages, including without limitation costs and attorneys’ fees incurred by us or our users, if you knowingly materially misrepresent that material or activity is infringing. If you’re unsure whether the material you are reporting is in fact infringing, you may wish to contact an attorney before filing a notification with us.
Submitting A DMCA Counter-Notification. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. To submit a counter-notice, please respond to our original email notification of removal with the following information:
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (the description from the copyright notice will suffice);
- Your name, address and telephone number;
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in Chicago, Illinois) if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person;
- The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”; and
- A physical or electronic signature (typing your full name will suffice).
Upon receipt of a valid counter-notification, COVERT NINE will forward it to the notifying party who submitted the original DMCA notification. The notifying party will then have 10 business days to notify us that they have filed legal action relating to the allegedly infringing material. If we don’t receive any such notification within 10 business days, we may restore the material to the Services.
We may modify this DMCA Policy from time to time, and will post the most current version on our site. If a modification meaningfully reduces your rights, we’ll notify you in accordance with the procedures set forth in our Terms of Service.