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 set up 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 that is not the same address as any new domain(s) you are newly registering. 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 Tier.Net is not responsible for a lapsed registration due to outdated contact information being associated with the domain.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, please 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 some instances, it may be necessary to provide additional information to verify your identity or contact information prior to the provisioning of your hosting order. If you fail to meet these requirements, the order may be considered fraudulent and be denied.
At our discretion, the credit card holder, the owner of the PayPal account, or the owner of any other payment method utilized for payment on the account may be 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 for some Tier.Net Products/services. We cannot make guarantees regarding the availability, possibility, or time required to complete an account transfer. Other hosting companies may have services configured differently. 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.
In any event, any 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.
Prior to requesting an upgrade of any kind, it is your responsibility to first backup your data. When you order an upgrade to an existing service, whether utilizing the same server or transferring to a new server, you are also responsible for payment of any existing services while any server or server component(s) for the upgrade is/are on-order and until the upgrade or migration can be fully completed. Please plan accordingly.
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 for you or the third-party provider in any transaction. Some products provided by Tier.Net are provided under license with other vendors, thus the use of any such third-party products will be governed by the applicable license agreement 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 prior to ordering.
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. Promotional discounts are generally not applicable to any third-party add-ons. In most cases, we are also unable to provide refunds on any third-party services.
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.
As our customer, you agree 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:
Tier.Net Technologies, 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.
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 systems and network(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 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.
Although we allow adult content and typically do not censor client sites, we reserve the right to refuse service to anyone. Any material that, in our judgment, is excessively obscene or violent, 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 the laws of the United States of America. 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. For resellers of our services, we will suspend any violating site in-question and will notify you so you may terminate the account. We may further monitor your activity. If more than one infraction of this type is found, it may result in the immediate termination of your account. For direct customers: Your services will be terminated with or without notice and 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 that 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 username 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 about children or medical or health information. Tier.Net does not control or monitor the information or data you store 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 must contact us for special arrangements and/or agreements.
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 may have his/her account terminated with or without notice. User may also be responsible for an SBL fee of up to $250 for each incidence of a SpamHaus SBL listing.
Sites advertised via spam may not be hosted on our servers. This provision includes, but is not limited to spam sent via fax, phone, email, instant messaging, or in postings using usenet/newsgroups or forums. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted may be immediately suspended and/or terminated.
Tier.Net reserves the right to require changes or disable as necessary any website, account, database, or other component that does not comply with its established policies.
Tier.Net reserves the right to charge any account which has been used to send unsolicited e-mail, a cleanup fee or for any costs incurred for blacklist removal.
You agree to provide 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 uncancelled services will continue to be billed on a recurring basis. Further, you must notify Tier.Net of your intent to cancel services at least 48 hours prior to any new billing cycle. You will be responsible for payment of the renewed service term if you fail to provide 48 hours’ notice of cancellation in advance of the renewal term as follows:
For account security and verification purposes, cancellations must be placed using the cancellation request form found in our portal at https://billing.tier.net. Once we receive your cancellation, an automatic confirmation will be immediately sent to you via email. If you do not hear back from us, or do not receive an automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately. We require that cancellations of service are done through your secure client dashboard in order to (a) confirm your identity, (b) confirm in-writing you are prepared for all files/emails to be removed, and (c) to document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests.
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.
It is important to note that there are two cancellation options available to you at the time you submit the cancellation request: 1) cancellation at the end of the service term (in which service will continue until the last day of the service billing period); and 2) immediate cancellation (in which your service may be shut off immediately or as soon as the request is processed). Also note that if you submit a cancellation to take effect prior to the end of the service billing period, we do NOT provide a prorated refund for unused service.
Tier.Net does not provide services on a per diem basis. The minimum term of service for any Tier.Net hosting service, add-on, or feature is one-month. As an incentive to you to commit to a certain length of service, prepaid plans are typically discounted in consideration of your term commitment. In other instances, term commitments may be required to secure our investment in hardware and/or time required to provide services to you. If you have contracted with us for a term commitment or if you have prepaid for a term commitment, you are obligated to pay for the term regardless of whether you submit a request to cancel prior to the end of the service term. Cancellation of prepaid terms of service will not be prorated nor will they be refundable in-full or in-part.
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. You also authorize Tier.Net to automatically bill your credit card or process payment using any billing information on file with us.
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 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 the service per the notice and procedures described above. Any invoice that remains unpaid for 3 days will be charged a late penalty of up to 10% of the renewal amount. Accounts that remain unpaid, will be assessed a finance charge of 18.00% APR, or a $25.00 monthly 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. 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 when desiring to cancel a domain name, any IP address(es), or any other services that cannot be cancelled via the online customer portal. Unless cancelled in a timely manner, all domain registrations and renewals are final and no refunds can be provided.
If you set up an automatic PayPal subscription to pay for services, it is entirely your responsibility to manage and/or cancel your PayPal automatic payments to us. Invoices that have been overpaid due to a PayPal subscription will cause a non-refundable credit to your account which you may use toward other invoices or Tier.Net services.
Important Regarding Payment via Crypto Currency: For your convenience, Tier.Net provides a Crypto currency payment option on our website via BitPay. Upon request, we may also provide you with a wallet ID for direct payment of certain types of crypto currencies. For direct wallet payments, we highly recommend that you send a small “test” payment when sending to any wallet ID for the first time. Once we confirm receipt of the test payment, you should be able to safely proceed with additional payments. Tier.Net is not responsible for any funds not received or rejected.
It is your responsibility to maintain backups of your data. Your use of this service is at your sole risk. While we may routinely backup shared, reseller, and VPS accounts, our backups should not be used as a sole means to protect you from data loss. 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 off-site backups of files and data stored on Tier.Net servers. It is important to note that we do NOT backup dedicated servers. It is also highly recommended that you fully backup your data prior to any server modification requests including, but not limited to, add-ons or modification of RAM, storage drives or other components.
Tier.Net reserves the right to cancel, suspend, or otherwise restrict access to any account at any time with or without notice for any violation of its terms of service or policies.
Customers may cancel the automatic renewal of services at any time as described in section 4 above. Tier.Net gives you a thirty (30) day money back guarantee on shared hosting and reseller solutions. Virtual private servers have a seven (7) day money back guarantee. Dedicated servers with a maximum monthly service fee of $200 or less have a one (1) day money back guarantee. Dedicated servers priced at above $200 per month are excluded from our money back guarantee. Days are defined as a 24-hour period and start as of service activation. Any services that are special-ordered, provided under written contract, or that are custom-configured with specially ordered added components are not eligible for the money back guarantee. Services that are abused (ie: used to send Spam or in other violation of our acceptable use-policy), are not eligible for the money back guarantee.
There are no refunds on administrative fees, domain name registrations, IP addresses, license fees, and installation fees for custom software or operating systems. Eligibility of said refunds will be determined at the time of cancellation. Furthermore, only first-time accounts are eligible for the money-back guarantee and a refund and only the first service provided under that account is eligible. 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 a refund if you have opened a second account with us. If you order multiple services, only the first of those services is eligible.
Special ordered services are not eligible for a money back guarantee and are non-cancellable and non-refundable. If we do not have a particular server configuration in-stock and it must be ordered for you, we will do everything possible to ensure prompt delivery and provisioning. However, some instances involving availability and delivery dates may be out of our control. If we are unable to provide the service within a reasonable time frame, we will offer a refund or account credit at our discretion.
Refunds for any reason will be made only via the original payment method. If the original payment method is unavailable (ie your credit card account or PayPal account is closed or unavailable), we can only provide a credit toward other services.
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.
The use of more than 300,000 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 250,000 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 or 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 VPS, 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.
Downtime that is the result of planned or emergency maintenance is not eligible for SLA credit. Downtime that is the result of natural disaster is not eligible for SLA credit.
Resellers are responsible for supporting their clients. Tier.Net does not provide support to our resellers' clients. If a reseller's client contacts us directly due to issues s/he is having with the reseller, we may at our discretion provide assistance or services to the client until the reseller can satisfactorily assume responsibility to 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 shared hosting, you must use a reseller account.
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.
Unless otherwise specified by contract, the amount you pay for your hosting service may increase from the date of purchase. In addition, there may be increases for third-party services (such as control panels, operating systems), bandwidth overages, and fees for services we provide (such as datacenter remote hands and server management). We reserve the right to change prices listed on the Tier.Net site and to increase the amount of resources given to plans at any time.
Unless otherwise stated, promotion and coupon discount codes are reserved for first-time accounts. They may not be combined with other offers, stacked with other coupon codes, nor may they be applied to services already in use. Coupon abuse may result in the suspension or termination of the account.
Tier.Net offers an Affiliate Program to clients who apply and are subsequently approved for participation. The terms and conditions of our Affiliate Program may be found at https://tier.net/affiliate-tos. Important: Clients who activate membership in our Affiliate Program via their customer portal without first receiving approval for participation will not receive affiliate earnings.
Tier.Net offers hosting of client-owned hardware. The terms and conditions of our colocation hosting service may be found at https://tier.net/colocation-tos or by the superseding client contract, when applicable.
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 due to any service activation delay or service interruption. Other than the credits offered through our SLA, Tier.Net makes no warranties of any kind, expressed or implied, for the services we provide. Tier.Net disclaims any warranty or merchantability of fitness for a particular purpose, including loss of data resulting from delays, non-deliveries, and any and all service interruptions caused by Tier.Net and/or its employees.
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’s Privacy Policy can be viewed at https://tier.net/privacy
Tier.Net reserves the right to revise its policies at any time without notice.
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