The use of services from Tier.Net Technologies, LLC (hereinafter referred to as "Tier.Net", "us", "we", or "our") constitutes agreement to these terms and policies:
Tier.Net will setup your account after we have received payment and after we and/or our payment partner(s) have verified and screened your order(s). It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with Tier.Net, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. Tier.Net is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our support team via email or by submitting a support ticket. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it may be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
The credit card holder or owner of the PayPal e-mail address which is utilized for payment on the account is designated as the authorized owner of the account.
Our technical support team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we cannot make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.
The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the migration department with specific details to receive a price quote.
Any dedicated IP order beyond those provided as standard with a hosting package may be subject to IP Justification. Justification practices are subject to change to remain in conformity with policies of American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
All transactions with third party providers are solely between the visitor and the individual provider. Tier.Net is not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction. Some products provided by Tier.Net are provided under license with vendors, and the use of any such third party products will be governed by the applicable license agreement, if any, with such third party.
All discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. All transactions with third party providers are subject to the terms and conditions under which the provider agrees with you to provide the goods or services. You should confirm the terms of any purchase and/or use of goods or services with the specific provider with whom you are dealing.
We do not make any representations or warranties regarding, and are not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers.
All services provided by Tier.Net may only be used for lawful purposes. The laws of the State of Florida and the United States of America apply.
The customer agrees to indemnify and hold harmless Tier.Net from any claims resulting from the use of our services.
The U.S. Digital Millennium Copyright Act (“DMCA”) is a United States copyright law that implements treaties of the World Intellectual Property Organization (“WIPO”). A DMCA claim occurs when someone suspects a website of copyright infringement. The DMCA mandates that hosting providers must remove or disable access to potentially infringing content upon receipt of a properly completed and verified infringement claim.
It is the policy of Tier.Net (“Tier.Net”) to respond appropriately and promptly to notices of alleged copyright infringement that comply with the DMCA. If you own a copyright in a work, or represent a copyright owner, and believe that your, or the represented owner’s, copyright in that work has been infringed by an improper posting or distribution of it via the website, then you may send us a written notice that meets the requirements of a DMCA Copyright Infringement Notice. Tier.Net will only respond to DMCA Notices that it receives by email or mail at the addresses below:
LLC ATTN: DMCA Claims
70 Henry Street, 2nd Floor
Binghamton, NY 13901
Please note that it is often difficult to determine if a copyright has been infringed upon. Tier.Net may elect to not respond to DMCA Notices that do not substantially comply with the requirements, and may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA. Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Response or Counter-Notification. If we receive a proper DMCA Response or Counter-Notification that meets the requirements of the DMCA, then we may replace the material that we removed or stop disabling access to it. Without limiting Tier.Net’s other rights, Tier.Net in appropriate circumstances, may terminate a repeat infringer’s access to the Website and any other website owned or operated by Tier.Net and its affiliates.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
Tier.Net’s services, including all related equipment, networks and network devices are provided only for authorized customer use. Tier.Net’s systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Tier.Net’s system(s) constitutes consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Tier.Net may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 24 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via support ticket or email and will have a response within 48 hours.
Sites hosted on Tier.Net’s servers are regulated only by U.S. law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. Tier.Net is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a US Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.
The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like Tier.Net and many of Tier.Net’s services and brands are “re-publishers” and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, Tier.Net will not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted by Tier.Net.
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Resellers: We will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.
Direct Customers: Your services will be terminated with or without notice. Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
Users are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. Users acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information abo ut children or medical or health information. Tier.Net does not control or monitor the information or data you store on, or transmit through, our Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (HIPPA). Customers requiring secure storage of protected health information under HIPAA are expressly prohibited from using this Service for such purposes. Storing and permitting access to protected health information, as defined under HIPAA is a material violation of this Terms of Service and grounds for immediate account termination. We do not sign Business Associate Agreements and you agree that Tier.Net is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact us via our website at www.tier.net.
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists,” purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have his/her account terminated with or without notice.
Sites advertised via spam may not be hosted on our servers. This provision includes, but is not limited to spam sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
Tier.Net reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
Tier.Net reserves the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee or any charges incurred for blacklist removal. This cost of the cleanup fee is entirely at the discretion of Tier.Net.
You agree to supply appropriate payment for the services received from Tier.Net, in advance of the time period during which such services are provided. Subject to all applicable laws, rules, and regulations, all payments will apply to the oldest invoice(s) in your billing account. You agree that until and unless you notify Tier.Net of your desire to cancel any or all services received, those services will be billed on a recurring basis. You must notify Tier.Net of your intent to cancel services at least 48 hours prior to any new billing cycle. Half rack, full rack, and multiple rack colocation customers who are out-of-contract must provide a 30 day notice of cancellation via a billing ticket at https://billing.tier.net. You will be responsible for payment of another month of service if you fail to provide 48 hours advance notice as follows:
Cancellations must be done in writing via our cancellation request form created from https://billing.tier.net. You should immediately receive an automatic cancellation request confirmation email if successfully submitted. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done through email from the account owner to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.
As a client of Tier.Net, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify Tier.Net of your desire to cancel any or all services received (by the proper means and notice listed above), those services will be billed on a recurring basis, unless otherwise stated in writing by Tier.Net. Tier.Net reserves the right to bill your credit card or billing information on file with us. Tier.Net may, at its sole discretion, provide a grace period beyond the renewal and invoice due date. During such grace period, as a courtesy to you, service may not be suspended for non-payment. You will, however, be responsible for payment of service for the new service billing period unless you cancelled service per the notice and procedures described above. Any invoice that is unpaid for 10 days will result in a 10% or $10 late fee, whichever is greater.
If an account is suspended or terminated for non-payment, or suspended or terminated for a violation of our Terms of Service, payment is still due for the entire billing term even during suspension or termination. Suspended or Terminated accounts will not receive prorated credit for any downtime resulting from such suspension or termination.
It is the customer's responsibility to notify our billing department via a support ticket created from https://billing.tier.net after paying for a domain. Domain renewal notices and invoices are provided as a courtesy reminder and Tier.Net cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal.
Subsequently, domain renewals are billed and renewed 30 days before the renew date. It is the customer's responsibility to notify our Billing department via a support ticket created from https://billing.tier.net for any domain registration cancellation. No refunds can be given once a domain is renewed. All domain registrations, and renewals are final.
Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please visit https://billing.tier.net to create a support ticket to our billing department.
Tier.Net reserves the right to change service rates and fees with 10 days notice prior to any service renewal, unless otherwise agreed to in-writing.
Your use of this service is at your sole risk. While we may routinely backup shared and VPS accounts, our backups should not be used as a sole means to backup your data. Tier.Net is not responsible for your files and/or data residing on our servers. You agree to take full responsibility for files and data transferred and to maintain your own backups of files and data stored on Tier.Net servers. It is important to note that we do NOT backup dedicated servers. Managed server clients are encouraged to arrange a backup solution with us.
Tier.Net reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice for any violation of its terms of service or policies.
Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars, and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Tier.Net is not responsible for any change in exchange rates between time of payment and time of refund.
Customers may cancel at any time as described above. Tier.Net gives you a thirty (30) day money back guarantee on managed shared hosting and reseller solutions. Virtual private servers have a seven (7) day money back guarantee. Dedicated servers have a one (1) day money back guarantee. This is assumed from the date of service activation. Cancellations requested after the initial 30 days will go into effect on the renewal date for that particular hosting package. Unless specifically requested, the account will remain active until the period expires. If the account is eligible, any request for a refund outside of the initial 30 day period will be given on a prorated basis with any previous extended term discount withheld. Refunds are to be determined once the account has been canceled. Payments older than 60 days may require a refund via PayPal or mailed check due to our merchant account policies and procedures.
There are no refunds on administrative fees, domain name registrations, IP addresses, license fees, and installation fees for custom software. Eligibility of said refunds will be determined at the time of cancellation. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund. You will also not be eligible for refund if you have opened a second account with us.
Any violation of our Terms of Service or related policies will waive the refund policy.
The use of more than 250,000 inodes on any shared account may potentially result in a warning first. If no action is taken, your account may be suspended. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage. Databases will still be backed-up. Each file (a webpage, image file, email, etc) and directory on your account uses up 1 inode.
At our discretion, sites that slightly exceed our inode limits are unlikely to be suspended. However, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: ":fail: No such user here".
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
If your shared / reseller server has a downtime that is not within the 99.99% Uptime guarantee, you may receive a pro-rated credit on your account. Approval of the credit is at the discretion of Tier.Net dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please visit https://billing.Tier.Net to create a support ticket to our billing department with justification.
If your dedicated or co-located server has downtime that is not within the 99.99% Uptime guarantee, you may receive a pro-rated credit on your account. Approval of the credit is at the discretion of Tier.Net dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the period of time at which the server maintains less than 50% packetloss (as measured by Tier.Net using tcp/ip pings), which may differ from the uptime reported by other individual services. Our SLA applies to our network and not to any downtime as result of hardware error or failure. To request a credit, please visit https://billing.tier.net to create a support ticket to our Billing department with justification.
Resellers are responsible for supporting their clients. Tier.Net does not provide support to our resellers' clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. Tier.Net will hold any reseller responsible for any of their clients’ actions that violate the law or the terms of service.
Shared accounts may not resell web hosting to other people. If you wish to resell hosting you must use a reseller account. Semi-dedicated servers are not backed up. You must maintain your own backups.
For the security of your account and data, Tier.Net reserves the right to reset the password on any hosting service when a) the password on file is deemed inadequate or high risk (for example, the use of the word “password” as your password); b) the password was not changed by you as may be required by periodic notice; c) we become aware of a potential data breach; d) we have reason to believe your server may have been compromised (aka hacked); e) if we suspect suspicious activity (ie: numerous failed login attempts). You will be promptly notified of any necessary password resets and given the opportunity to submit a new password. It is your responsibility to ensure a valid email address is on file for notification purposes.
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on Tier.Net and to increase the amount of resources given to plans at any time.
Discounts and coupon codes are reserved for first-time accounts and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse may result in the suspension or termination of the account. Unless otherwise stated, coupons or discounts are only valid toward the initial purchase, and do not affect the renewal or recurring price.
Customer agrees that it shall defend, indemnify, save, and hold Tier.Net harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Tier.Net, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Tier.Net against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Tier.Net; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Tier.Net's server.
By using any Tier.Net services, you agree to submit to binding arbitration. If any disputes or claims arise against Tier.Net or its subsidiaries, such disputes will be handled by an arbitrator of Tier.Net's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Florida. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.
Tier.Net shall not be responsible for any damages you or your business may suffer. Tier.Net makes no warranties of any kind, expressed or implied, for services we provide. Tier.Net disclaims any warranty or merchantability of fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, and any and all service interruptions caused by Tier.Net and its employees.HIPAA Disclaimer: We are not HIPPA compliant.
Tier.Net may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
Tier.Net subscribes to various third party fraud and order screening services. Tier.Net may disclose subscriber information and its opinions related to unsatisfactory experiences with the subscriber. (Such unsatisfactory experiences most commonly include, but are not necessarily limited to, abuse of service (ie sending bulk unsolicited email aka SPAM, phishing and other forms of fraud, early termination, chargebacks, and unpaid accounts). Unpaid accounts placed for collection or legal action may also be reported to business credit agencies (ie Dun & Bradstreet).
Tier.Net reserves the right to revise its policies at any time without notice.