onNinth Terms of Service

1. General Terms

These Terms of Service (“Agreement”) govern all interactions between users (including hosts and guests) and onNinth. By using onNinth’s platform and services, you agree to abide by this Agreement.

This page tells you the terms of use on which you may make use of our website https://onninth.com and its subdomains (“Website”) whether as a guest or a registered user. Please read these Terms of Use carefully before you start to use the Website. By using our Website, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using our Website.

onNinth Website are operated by onNinth, LLC. (“We”).

2. Violations of Agreement

Non-compliance with this Agreement may result in penalties, including fines, account suspension, removal from the onNinth community, or, in severe cases, civil or criminal charges.

3. Amendments

Changes to the Agreement are valid only if agreed upon in writing and signed by an authorized representative of onNinth.

4. Safety

a. Harm to Self or Others

Acts of violence, including but not limited to physical assault, sexual harassment, domestic violence, and human trafficking, are strictly prohibited and constitute a breach of this Agreement.

b. Liability Disclaimer

The content provided on our Website is offered without guarantees, conditions, or warranties as to its accuracy or completeness. To the maximum extent permitted by law, we, along with any affiliated third parties, explicitly exclude:

• All implied conditions, warranties, and terms that may otherwise be inferred by statute or common law.
• Any liability arising from your use, inability to use, or results derived from our Website, as well as from any linked sites or materials posted on them.

This includes, without limitation, liability for:

• Direct, indirect, or consequential loss or damage.
• Loss of business, revenue, or income.
• Loss of profits, contracts, or anticipated savings.
• Loss of data or goodwill.
• Wasted management or office time.
• Any other form of loss or damage, arising in any way, whether due to negligence, breach of contract, or otherwise—even if foreseeable.

This disclaimer does not limit our liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded under applicable law.or death or personal injury arising from our negligence, fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

c. Threats and Hazardous Situations

• Threats: Any form of verbal or physical threats is prohibited.
• Hazards: Hosts must secure dangerous items, such as weapons or animals, and manage health and safety risks at their properties.

d. Injury Liability Disclaimer

onNinth is not liable for injuries on a property due to the actions or negligence of another user.

5. Non-Discrimination Policy

Discrimination based on race, ethnicity, nationality, religion, sexual orientation, gender, disability, or other protected characteristics is prohibited. Insults or derogatory remarks related to these factors also violate this Agreement.

6. Security

a. Theft and Vandalism

• Theft: Unauthorized use or copying of property or personal information is prohibited.
• Vandalism: Deliberate or negligent damage to property is not allowed.

onNinth is not liable for theft or property damage caused by other users.

b. Fraud, Spam, and Phishing

Fraudulent activity, spam, phishing, and misleading information within the onNinth platform are prohibited. onNinth is not responsible for transactions made outside of its platform. Booking fraud, credit card fraud, and money laundering are also prohibited.

7. Insurance Requirements

Hosts must maintain property insurance specifically covering short-term rental activity. onNinth is not liable for damages or injuries if hosts fail to comply with this requirement.

8. Accuracy and Representations

Providing false information, such as misleading property descriptions or duplicate accounts, is prohibited. Hosts are required to list accurate property details, disclose hazards, and keep availability information current.

9. Quality Standards

Properties must meet basic standards for amenities, such as running water and electricity, unless disclosed at the time of booking. It is recommended that hosts provide essential items (e.g., towels, soap, and toilet paper) or disclose any lack thereof in the property listing.

10. Cancellations

onNinth is not liable for any cancellations made by hosts or guests.

11. Subscriber Content

You may upload, store, publish, display, and distribute various forms of content, such as text, photos, videos, and emails, on or through onNinth’s Services (“Subscriber Content”). Subscriber Content includes any material posted by you or users of websites you host on onNinth (“Subscriber Websites”).

• Responsibility: You are solely responsible for all Subscriber Content and any transactions or activities conducted on or through Subscriber Websites. By posting or distributing Subscriber Content, you represent and warrant that (i) you hold all necessary rights to do so, and (ii) the content does not infringe on any third-party rights.
• Monitoring and Corrective Actions: onNinth reserves the right, but is not obligated, to monitor Subscriber Content. onNinth may take corrective action at its sole discretion, including removing Subscriber Content and/or suspending or terminating Services, without refund of any prepaid fees. onNinth shall not be held liable for any actions taken to address content violations.
• License to onNinth: You grant onNinth a non-exclusive, royalty-free, worldwide license to use, reproduce, publicly perform, display, modify, translate, publish, distribute, and create archival or backup copies of Subscriber Content and Subscriber Websites as necessary to provide the Services. onNinth does not acquire any ownership of Subscriber Content beyond this limited license, and all ownership remains with you.

12. Website Hosting Agreement

By using onNinth’s website hosting services (“Hosting Service”), you agree to this Website Hosting Agreement (“Agreement”) between you (and, if applicable, your organization) and onNinth, LLC (“onNinth,” “We,” “Us,” and “Our”).

a. Privacy

onNinth is responsible for the handling of personal data it receives and any subsequent transfer to third parties acting on its behalf. If you have any questions regarding the handling of personal data, please contact us at [email protected]. For more details, please review our Privacy Policy at https://onninth.com/privacy.

In connection with the Domain Privacy Service, we may provide personal information to third parties. We require these third parties to adhere to data protection standards and will remain liable for any violations by third parties unless we can demonstrate we are not responsible for the event causing the violation.

onNinth complies with the investigatory and enforcement authority of the Federal Trade Commission (FTC) and may disclose personal information when required by law or for national security and law enforcement purposes.

b. Data Collection

We may collect and use information about you as described in our Privacy Policy. The Privacy Policy is incorporated herein by reference and forms part of the terms of the Domain Privacy Service.

13. SaaS Service Agreement

onNinth’s services are provided in a Software as a Service (“SaaS”) manner. By utilizing onNinth’s SaaS platform, you acknowledge and agree to the following terms:

• Access Level: Users are granted non-administrator access to the onNinth SaaS platform. This access restriction is in place to protect sensitive information and onNinth’s intellectual property (“IP”). Only onNinth personnel retain administrative access rights to manage and safeguard platform operations.
• Ownership of Uploaded Content: All website content uploaded by users to the onNinth platform becomes the property of onNinth upon upload. By uploading content, you transfer all rights, title, and interest in such content to onNinth.
• Domain Name Ownership: Any domain name registered by onNinth on behalf of users remains the exclusive property of onNinth. Users have the right to use the domain as long as they remain compliant with this Agreement and are in good standing with onNinth.
• onNinth Public Host Platform: You agree that your website and properties may be listed on a marketplace, map, or other methods allowing the public to access all users of onNinth services.
• Property Limit and Compliance Audits: Your onNinth subscription plan includes a specified limit on the number of properties that may be hosted on the platform. Routine audits will be conducted to ensure compliance with the property limits associated with each subscription tier. If your account is found to exceed the property limit, you will be automatically billed for the additional properties. The outstanding balance must be paid within 7 days of billing to avoid account deactivation. Failure to settle the balance within 30 days of notification will result in the termination of the account, website, and related services without refund.

14. Interpretation of Agreement

This Agreement has been drafted by onNinth for convenience. Any ambiguities should not be interpreted against onNinth as the drafter of the Agreement.

15. Consent

By using onNinth’s services, all parties acknowledge they have read, understood, and accept these terms as legally binding.