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Web Host Control Center
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TERMS OF SERVICE (TOS)This TierHost Terms of Service (this " Agreement ") and the TierHost Acceptable Use Policy (" AUP ") govern your purchase and use of all TierHost services (collectively, the " Services "). Acceptance of any terms or conditions different from those contained herein by TierHost will not be deemed by provision of service, but only by electronic or written signature of an officer of TierHost. You must accept the terms of this Agreement and the AUP in order to use the Services. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THE AUP AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AS WELL AS ALL POLICIES AND GUIDELINES OF THE AUP. TierHost may modify any of the terms and conditions contained in this Agreement and the AUP, at any time in its sole discretion. Any modifications are effective upon posting of the revisions on the TierHost web site (the " Site "). Your continued use of the Services following TierHost posting of any modifications constitutes your acceptance of the modifications.Payment for ServicesAll charges are shown and paid in US dollars. If you provide TierHost with credit card information, you authorize Tierhost to automatically charge your credit card for unpaid balances within your account (hosting account renewals, additional purchases, etc.). Recurring charges will be posted to your credit card until such time that you cancel your account. For cancellations, please refer to the Cancellation section below. You are responsible for directly updating, or notifying TierHost, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status). If an unpaid balance exist and TierHost is unable to charge your credit card on file or have not received your check payment by mail, customer agrees to make payment of their unpaid balance due within fourteen (14) days from the day of the balance or the account will automatically be suspended. Accounts that are past due after thirty (30) days will automatically be removed from our system.Billing Cycles / TermsTierHost offers 4 Billing Cycles ("Term") for web hosting purchases: Monthly, Quarterly (3 months), Semi-annual (6 months), or Yearly (12 months). You may elect to change your Term at any time. However, the new Term will only take effect at the time of the next renewal (after the current Term has expired). All additional features added to a hosting account are non-refundable.Account RenewalsIn order to insure uninterrupted service to your website, your plans are automatically renewed at the end of your Billing Cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.Refund PolicyAll payments are nonrefundable except in accordance with the 30 Day Money Back Guarantee. Refunds will be provided in the same payment method of the original payment. There are no refunds offered or promised after 30 days.30 Day Money Back GuaranteeEach TierHost web hosting plan includes a 30 Day Money Back Guarantee. If you are not completely satisfied with your web hosting purchase within the first 30 days, you will be given a full refund (excluding setup fees) upon cancellation. The following services do not qualify for the 30 Day Money Back Guarantee: additional features to the initial hosting plan purchase, domain name registration; SSL certificate, additional products or services, and overage fees.CancellationsHosting plans will automatically renew until a plan is cancelled. In order to cancel service, you must submit a cancellation form located in the Tools section on the top menu bar within your TierHost Control Center. Once this form has been submitted, your request will be reviewed and verified before processing. Cancellation requests must be received by TierHost a minimum of fourteen (14) days prior to the end of your Billing Cycle. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by TierHost. Once cancellation is complete, you will receive a confirmation email. If you do not receive a confirmation, please contact TierHost as soon as possible. TierHost does not monitor and will not automatically cancel plans, except for unpaid balances as stated in the Payment for Services Section above. Cancellation of services does not relieve you from paying any outstanding balance owed on the account. TierHost reserves the right to cancel any account, at any time, without notice, for any reason TierHost considers appropriate.Additional Fees
Invoices / StatementsAll outstanding invoices are emailed when payment is required. Additional invoices / statements can be viewed and printed using the Billing Manager feature in your TierHost Control Center.Use of ServicesThe AUP governs the general policies and procedures for use of the Services. The AUP is posted on the site and may be updated from time to time. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE AUP AND ANY MODIFICATIONS TO THE TERMS. TIERHOST MAY TERMINATE YOUR ACCOUNT WITHOUT NOTICE FOR ANY VIOLATION OF THE AUP OR THIS AGREEMENT.Backup of DataWeekly backups are made by TierHost for server restoration purposes only. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Customers are responsible for maintaining local copies of their web content and any information on their account.Minimum Age RequirementTierHost customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian. A parent or guardian who represents on behalf of a Minor will be liable for ensuring complete and proper compliance with the TOS and AUP agreements, including the timely and full payment of the charges for TierHost Services. These liabilities will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains TierHost's express written consent to the contrary.Intellectual Property RightsYou warrant, represent, and covenant to TierHost that: (a) you possess the legal right and ability to enter into this Agreement; (b) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines, including the AUP; and (c) your content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance. Customers will not, without TierHost's express written consent, copy, reproduce, republish, or use any material, in whole or in part, that is located on TierHost's Web site. In addition, customers will not misrepresent their relationship with TierHost or attempt to act on behave of TierHost.Disclosure RightsThe AUP specifically prohibits the use of our service for illegal activities. Therefore, you agree that TierHost may disclose any and all of your information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to you. In addition, TierHost shall have the right to terminate all service set forth in this Agreement.Force MajeureTierHost will not be liable for delays in its performance of services caused by circumstances beyond TierHost's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). TierHost will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.Independent ContractorsNothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between TIerHost and its customers. TierHost and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.Third Party SolutionsTierHost makes a reasonable effort to provide customers with products and services ("Third Party Solutions"), part of which may be licensed, or co-branded, from or by, third party entities. However, TierHost makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Third Party Solutions. The use of the Third Party Solutions obtained from or through TierHost, or any other referred third party is at the sole risk of customers.IndemnificationCustomers agree to protect, defend, hold harmless, and indemnify Tierhost (including, without limitation, Tierhost's executives, employees, consultants, contractors, subsidiaries, OR THE LIKE) from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of the customer's use of TierHost's services.DisclaimerTierHost service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. TierHost expressly disclaims any representation or warranty that the TierHost service will be error-free, secure or uninterrupted. No oral advice or written information given by TierHost, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. TierHost and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.Limitations of LiabilityTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL TIERHOST (INCLUDING, WITHOUT LIMITATION, TIERHOST'S EXECUTIVES, EMPLOYEES, CONSULTANTS, CONTRACTORS, SUBSIDIARIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING TIERHOST'S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR TIERHOST SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY TIERHOST SERVICES. TIERHOST'S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER OR ANY THIRD PARTY FOR ANY AND ALL DAMAGES INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY TIERHOST OR TIERHOST'S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.Governing Law and SeverabilityTHIS AGREEMENT IS MADE UNDER AND WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS (EXCEPT THAT BODY OF LAW CONTROLLING CONFLICTS OF LAW) AND SPECIFICALLY EXCLUDING FROM APPLICATION TO THIS AGREEMENT THAT LAW KNOWN AS THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE THE STATE AND FEDERAL COURTS IN TEXAS, AND EACH PARTY IRREVOCABLY CONSENTS TO SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO. In the event any provision of this Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of this Agreement will remain in full force and effect.TierHost Legal DepartmentIf you have any questions regarding the TERMS OF SERVICES as written here in its entirety, please contact our Legal Department. |
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