Tier.net Terms of Service and Conditions of Use

INTERNET ACCESS (for those who have subscribed to Tier.net's dial-up service)

By accessing the Internet through a Tier.net account, you (the Subscriber) agree to the terms of this agreement and Tier.net’s Conditions of Use Policy. You also agree to remit payment per the terms of sale and agree that you will be responsible for all charges until you cancel your account by written notification.

Your subscription will automatically be renewed unless you provide us with written notice of your request at least 5 days prior to the subscription expiration. If you have chosen to pay by credit card, you authorize us to automatically charge your card account.

IMPORTANT: We can not refund unused subscriptions nor can we provide a refund for accounts that are cancelled without at least 5 days notice prior to the subscription expiration.

Our fee for checks returned for any reason is $20. Late or unpaid accounts are subject to termination. There will be a $10 fee to re-activate any account that is terminated due to delinquency. We may also, at our option, charge a fee of $5 anytime you request a change of username, email name, or password.

Service includes flat rate Internet and email access to our network. “Unlimited” Internet Access is provided to subscribers who will access their account for reasonable and occasional usage. This is not a “dedicated” service. Subscribers who keep an open, or idle connection by “pinging” the system or by any other means in an attempt to maintain a dedicated connection will be considered to be in breach of our Conditions of Use and may be disconnected. Service is limited to one active connection per account.

Tier.net provides access speeds of up to 56K. However, individual access speeds may vary due to your modem’s capacity, phone line clarity, and other telephone line conditions.

Any Telephone Charges are Your Responsibility. The access numbers we have provided are generally recognized as “local” to the associated town or city’s calling area. We recommend, however, that you contact your telephone company to verify that an access number is local prior to accessing the service. Tier.net shall not be responsible for any long distance (or other) telephone charges incurred while connected to our service.

You and any members of your immediate family are the only individuals who may access this service through your account. You are responsible for maintaining the confidentiality of your user accounts and passwords. You are responsible for all activities and charges assessed as result of use of your account.

In no event shall Tier.net or its affiliates be liable to you for any damages or losses resulting from any failure, delay, or service interruption in providing access to the Internet under the terms of this agreement. In no event shall Tier.net or its affiliates be liable to you for any direct, indirect, special, or consequential damages or lost profits arising out of or related to this agreement.

ACCEPTANCE OF TERMS THROUGH USE (of our web site)

By using our service and/or our website, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). If you do not agree to these Terms of Use please do not use our service or website. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms periodically for changes. Terms may be viewed online at www.tier.net/terms. Your continued use of this service and/or our site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

AGREEMENT TO RULES OF USER CONDUCT

You agree to abide by our Rules of User Conduct, including but not limited to, agreeing not to use our site or service for any unlawful purpose. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through our site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:

1. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), uses vulgar language in the creation of a Screen Name or otherwise violates Tier.net’s rules or policies or these Rules of User Conduct;

2. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

3. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

4. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "Spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

5. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or

6. impersonates any person or entity, including any employee or representative of Tier.net

You also agree that you will not harvest or collect information about the users or members of this site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications.

You further agree that you will not knowingly solicit or collect personal information from a minor (anyone under 18 yrs old). Personal information includes but is not limited to name, address, phone number or name of their school.

Tier.net generally does not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site. However, Tier.net and its agents have the right at their sole discretion to remove any content that, in Tier.net's judgment, does not comply with the Rules of User Conduct or is otherwise harmful, objectionable, or inaccurate. Tier.net is not responsible for any failure or delay in removing such content.

THIRD PARTY SITES

This site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Tier.net, and you acknowledge that Tier.net is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by Tier.net or any association with its operators.

PROPRIETARY RIGHTS

You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Tier.net, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Tier.net is prohibited.

In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of Tier.net.

USER'S GRANT OF LIMITED LICENSE

By posting or submitting content to this site, you:

1. grant Tier.net and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and

2. warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Tier.net willl not infringe or violate the rights of any third party.

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify Tier.net by mail or email to customerservice@tier.net .

DISCLAIMER OF WARRANTIES

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. TIER.NET, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL TIER.NET, ITS SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TIER.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, TIER.NET’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNIFICATION

Upon a request by Tier.net, you agree to defend, indemnify, and hold harmless Tier.net and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site. Tier.net reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Tier.net in asserting any available defenses.

INTERNATIONAL USE

Tier.net makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

CHOICE OF LAW AND FORUM

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the state or federal courts located in the State of New York, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Tier.net with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Tier.net with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

TERMINATION

Tier.net reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice.