Terms of Service

Last updated: February 26, 2026

1. Agreement to Terms

Welcome to Nine by Six. These Terms of Service ("Terms") govern your access to and use of our website, web development services, and hosting services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website or by other means. Your continued use of our Services after such modifications constitutes your acceptance of the updated Terms.

2. Definitions

  • "Client," "You," or "Your" means the individual or entity using our Services
  • "Company," "We," "Us," or "Our" refers to Nine by Six
  • "Services" includes our web development, web hosting, and related services
  • "Website" means any website developed or hosted by us on your behalf
  • "Content" includes text, images, code, data, and other materials
  • "Account" means your account with our hosting services

3. Web Development Services

3.1 Project Scope

All web development projects are governed by a separate proposal or contract that outlines:

  • Project scope and deliverables
  • Timeline and milestones
  • Payment terms and schedule
  • Client responsibilities and requirements

3.2 Client Responsibilities

You agree to:

  • Provide accurate, complete, and timely information and materials
  • Respond to requests for feedback or approval within agreed timeframes
  • Ensure you have the right to use all content you provide
  • Review and test deliverables promptly
  • Make payments according to the agreed schedule

3.3 Revisions and Changes

  • Projects include a specified number of revision rounds in the proposal
  • Additional revisions beyond the agreed scope may incur extra charges
  • Significant changes to project scope require a change order and may affect timeline and cost
  • Changes requested after project approval may be treated as new work

3.4 Intellectual Property

Upon full payment:

  • You own the custom work created specifically for your project
  • We retain rights to any pre-existing frameworks, tools, or components
  • We may use your project in our portfolio unless otherwise agreed
  • Third-party assets (stock photos, fonts, plugins) are licensed according to their terms

4. Web Hosting Services

4.1 Account Registration

To use our hosting services, you must:

  • Provide accurate registration information
  • Maintain the security of your account credentials
  • Be at least 18 years old or have legal authority to enter into contracts
  • Accept responsibility for all activities under your account

4.2 Acceptable Use Policy

You agree not to use our hosting services to:

  • Host illegal, harmful, or malicious content
  • Distribute spam, malware, or engage in phishing
  • Violate intellectual property rights
  • Interfere with other users or our servers
  • Engage in activities that violate applicable laws
  • Consume excessive server resources without authorization
  • Run cryptocurrency mining operations
  • Host adult content without prior written approval

4.3 Resource Usage

  • Hosting plans include specific resource allocations (storage, bandwidth, CPU, memory)
  • Exceeding these limits may result in additional charges or service restrictions
  • We reserve the right to suspend accounts that abuse server resources
  • We may contact you to discuss upgrade options if your usage consistently exceeds plan limits

4.4 Backups and Data Loss

While we perform regular server backups:

  • You are responsible for maintaining your own backup copies
  • We are not liable for data loss due to account-level issues
  • Backup retention periods vary by hosting plan
  • Restoration from backups may incur service fees

4.5 Uptime and Service Level Agreement (SLA)

  • We strive to maintain high availability for our hosting services
  • Network uptime guarantees (if applicable) are specified in your hosting plan
  • Scheduled maintenance will be communicated in advance when possible
  • Service credits (if any) for downtime are outlined in your hosting agreement

5. Payment Terms

5.1 Web Development Projects

  • Payment schedules are outlined in project proposals
  • Work begins after receiving the required deposit
  • Final deliverables are released upon full payment
  • Late payments may result in project delays or suspension

5.2 Hosting Services

  • Hosting fees are billed in advance (monthly or annually)
  • Payment is due on your billing date
  • We accept major credit cards and other payment methods as specified
  • Prices are subject to change with 30 days notice

5.3 Refunds

  • Web development deposits are generally non-refundable once work has begun
  • Hosting services may be eligible for prorated refunds within the first 30 days
  • Domain registrations and SSL certificates are non-refundable
  • No refunds for unused time on cancelled accounts after the refund period

6. Term and Termination

6.1 Hosting Services

  • Hosting services renew automatically based on your billing cycle
  • You may cancel at any time through your account dashboard or by contacting us
  • Cancellation takes effect at the end of your current billing period
  • We may suspend or terminate accounts that violate these Terms

6.2 Web Development Projects

Either party may terminate a development project:

  • By mutual written agreement
  • For material breach that remains uncured for 30 days after notice
  • Immediately if the other party becomes insolvent or files for bankruptcy

Upon termination:

  • You are responsible for payment for work completed to date
  • We will provide completed deliverables upon payment
  • Either party may retain copies of confidential information as required by law

6.3 Effect of Termination

Upon termination of hosting services:

  • Your website and data will be removed from our servers
  • You are responsible for backing up your data before cancellation
  • We may retain data for a limited time for legal compliance
  • Outstanding fees remain due and payable

7. Warranties and Disclaimers

7.1 Our Warranties

We warrant that:

  • Services will be performed in a professional and workmanlike manner
  • Our hosting services will be provided with reasonable skill and care
  • We will not intentionally introduce malicious code into your website

7.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS:

  • SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE"
  • WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
  • WE DO NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE SERVICE
  • WE DO NOT WARRANT THAT YOUR WEBSITE WILL BE SECURE FROM ALL THREATS

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM
  • WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • WE ARE NOT LIABLE FOR LOSS OF PROFITS, DATA, REVENUE, OR BUSINESS OPPORTUNITIES
  • WE ARE NOT LIABLE FOR DAMAGES RESULTING FROM THIRD-PARTY ACTIONS OR FORCE MAJEURE EVENTS

Some jurisdictions do not allow limitations on certain warranties or liabilities, so some of the above limitations may not apply to you.

9. Indemnification

You agree to indemnify and hold harmless Nine by Six, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from:

  • Your use of our Services
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Content you provide or host on our servers
  • Your violation of applicable laws or regulations

10. Confidentiality

Each party agrees to maintain the confidentiality of confidential information received from the other party. Confidential information includes:

  • Business strategies and financial information
  • Technical specifications and trade secrets
  • Customer data and personal information
  • Login credentials and security information

Confidential information does not include information that is publicly available or independently developed.

11. Dispute Resolution

11.1 Negotiation

In the event of a dispute, the parties agree to first attempt to resolve the matter through good faith negotiation.

11.2 Governing Law

These Terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law principles.

11.3 Jurisdiction

Any legal actions arising from these Terms shall be brought exclusively in the courts of the jurisdiction where Nine by Six is headquartered.

12. General Terms

12.1 Entire Agreement

These Terms, together with any project-specific agreements, constitute the entire agreement between you and Nine by Six.

12.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

12.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

12.4 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger or acquisition.

12.5 Force Majeure

We are not liable for delays or failures in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet service provider failures.

13. Contact Information

If you have questions about these Terms, please contact us:

  • Email: hello@ninebysix.com
  • Phone: 833-646-3749