Universal Terms of Service Agreement
Effective June 1st, 2014
Effective June 1st, 2014
Thank you for using the TierraNet website and other TierraNet services such as the Domain Name Service, the Hosting Service, and the SSL Security Service (collectively, the "Services"). The Services are provided by TierraNet Inc. ("TierraNet"), located in the United States at 14284 Danielson Street, Poway, California 92064.
Please read this Agreement carefully. If you do not agree with these terms, you are prohibited from accessing or using any of the TierraNet Services.
1. Formation and Modification of Contract
By using the TierraNet Domain Name Search or any other Services, and/or by clicking or otherwise indicating your electronic acceptance, you (either personally or on behalf of another person or organization) and TierraNet have entered into this Universal Terms of Service Agreement, which incorporates by this reference Appendix A Acceptable Use Terms [Link], Appendix B Payment Terms [Link], and the following Service agreements, as applicable (collectively, this "Agreement")
TierraNet may, in its sole and absolute discretion, and from time to time, modify all or any part of this Agreement, or any agreements which are incorporated. Modifications will become effective immediately upon posting to this website, but will not be applied retroactively. Your use of the Services after modifications have been posted to this website will constitute your acceptance of this Agreement as last modified. Do not use (or continue to use) the Services if you do not agree to be bound by this Agreement as last modified.
TierraNet may occasionally elect to email you advance notice of pending modifications to this Agreement. For this and other reasons, it is important that you keep your email and other account information accurate and up-to-date in the Control Panel. You are solely responsible if you do not receive any notification as a result of an incorrect email address.
You may only use the Services if you can enter into legally binding contracts under applicable law. By using the Services, you represent and warrant that you: (1) are at least 18 years of age and (2) are otherwise recognized as being able to form legally binding contracts under applicable law.
If you are accepting this Agreement and using the Services on behalf of another person or a corporation, limited liability company or other legal entity, you represent and warrant that you are duly authorized by such entity or person to enter into this Agreement on her, his or its behalf.
3. Account Access
You are responsible for maintaining the confidentiality of login and password information. TierraNet is not liable or otherwise responsible for any account disputes that may arise between various parties holding account login information. TierraNet is not responsible for any changes made to your account or any information that has been modified by you, or any parties with authorized access to the TierraNet Control Panel.
You are responsible for any activity that occurs through the Control Panel on the TierraNet website with the use of your password. You are responsible for promptly updating and maintaining contact, login, and billing information with TierraNet. TierraNet shall not be liable for any loss or damage arising from your failure to comply with this requirement. It is recommended that you use unique passwords for the TierraNet Services, and that you periodically modify these passwords.
TierraNet may, in its sole discretion, require identification if there is a question of authority or a dispute as to ownership or access to an account. The purpose of this requirement is to protect you.
5. U.S. Communications Decency Act Notice
Pursuant to the U.S. Communications Decency Act, 47 U.S.C. Section 230(d) as amended, TierraNet hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two websites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that TierraNet does not endorse any of the products or services listed at such sites.
6. No Third-Party Beneficiaries
This Agreement controls the relationship between you and TierraNet. It does not create any third party rights.
7. Suspension and/or Termination
This Agreement will continue to apply until terminated by either you or TierraNet as follows:
Unless otherwise provided in this Agreement, you may terminate this Agreement at any time and for any reason by deactivating your account and discontinuing your use of the Services. You do not need to specifically inform TierraNet when you stop using the Services. If you stop using the Services without deactivating your account, your account may be deactivated by TierraNet due to prolonged inactivity as determined at the sole discretion of TierraNet. Unless otherwise specifically provided in this Agreement, TierraNet will not be required to refund any amounts paid by you prior to any termination.
TierraNet may, at its sole discretion, suspend or terminate your account or cease providing you with all or part of the Services at any time and for any reason, including, but not limited to: (1) any breach or violation of any Agreement connected with the TierraNet Services; (2) the creation of risk or legal exposure for TierraNet; (3) requests of law enforcement, including, but not limited to, subpoenas, injunctions, and search warrants; (4) assisting with fraud and abuse detection; (5) protecting the integrity and stability of, and correcting mistakes made by, any domain registry; and (6) complying with any dispute resolution process.
8. Improper Uses
TierraNet may, at any time, suspend or terminate your account, with or without notice, if it reasonably believes you are violating the TierraNet Acceptable Use Terms [Link].
9. Limited Warranties and Disclaimers
TierraNet will provide the Services using a commercially reasonable level of skill and care.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, YOUR USE OF THE TIERRANET SERVICES WILL BE AT YOUR OWN RISK AND THE SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS". TIERRANET DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND YOUR USE OF THE SERVICES.
SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF WARRANTIES, SO YOU MAY HAVE OTHER RIGHTS IN THOSE STATES AND JURISDICTIONS.
10. Limitation of Liability
IN NO EVENT WILL TIERRANET, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCURRED AS A RESULT OF YOUR USE OF THIS WEBSITE OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT TIERRANET IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL TIERRANET’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS OF ANY NATURE EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES FOR THE 12-MONTH PERIOD PRECEDING THE ACCRUAL OF YOUR CLAIM.
THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS WEBSITE OR THE SERVICES.
You agree to indemnify, defend, and hold harmless TierraNet, its officers, directors, shareholders, employees, agents, successors and assigns, and each of them, from any expense, liability or damage any of them may incur, including reasonable attorneys’ fees and costs, as a result of third party claims, suits or proceedings of any kind or nature, arising out of or otherwise connected with this Agreement, your website(s), domain name(s), hosting, security, and/or other Services, except to the extent such liability or damage is caused by the gross negligence or willful misconduct of TierraNet. Your obligations under this paragraph will survive any assignment, transfer, termination or expiration of this Agreement. You will immediately undertake the defense of any legal action against or involving TierraNet and you will retain reputable, competent and experienced counsel to represent the interests of TierraNet. You will notify TierraNet of the identity of such counsel not less than 48 hours prior to retaining them, and TierraNet will have the right during this period to approve or disapprove any such counsel. TierraNet will also have the right, at its own expense, to obtain separate counsel and to participate in the defense, compromise or settlement of the action. You will not settle or compromise any legal action without the specific prior written consent of TierraNet, which may be granted or withheld in TierraNet’s sole and absolute discretion.
12. Changes to Service
The Services of TierraNet are always evolving and the form and nature of the Services may change from time to time, with or without prior notice to you. TierraNet reserves the right to change any Services offered. This includes changes to network access and all system hardware and software.
13. HIPAA Disclaimer
TierraNet specifically disclaims 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 the Services for such purposes. You agree that TierraNet is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA.
14. PCI Compliance
TierraNet does not warranty any of its Services for Payment Card Industry ("PCI") compliance. PCI compliance is the customer’s responsibility. Upon request, TierraNet may provide limited assessment, alternate service configurations and consultation services at additional fees to assist you in achieving PCI compliance.
15. Governing Law
This Agreement will be governed by California law without giving effect to its principles of conflict of laws. Both you and TierraNet agree to submit to jurisdiction in California. Any action brought regarding this Agreement must be filed exclusively in federal or state court in San Diego County, California. The prevailing party in any action will be entitled to reasonable attorney’s fees and costs.
If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will remain in full force and effect.
17. Titles and Headings
The titles and headings of this Agreement are for convenience and ease of reference only and will not be utilized in any way to construe or interpret the Agreement of the parties as otherwise set forth herein.
Any provisions that by their nature continue to apply following any expiration or termination of this Agreement will survive any such expiration or termination.
The failure of TierraNet to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision or any future right or provision.
20. Successors and Assigns
This Agreement will be binding upon and inure to the benefit of you and TierraNet, and our respective heirs, successors and assigns.
21. Reserved Rights
TierraNet reserves the right to refuse service to anyone at its sole and absolute discretion, and with or without cause. This includes the ability to suspend or terminate any or all Services.
You and TierraNet are independent contractors, and no agency, partnership, joint venture, fiduciary or employer-employee relationship is intended or created under this Agreement, by your use of the Services, or otherwise. Neither you nor TierraNet will have the power to obligate or bind the other.
In the event of any irreconcilable conflicts between this Agreement and any contract listed in Section 1 above, this Agreement will control.
24. Contact Information
The website and the Services are operated and provided by TierraNet, Inc., P.O. Box 502010, San Diego, California 92150. If you have any questions about this Agreement, please Contact Us [Link].
25. Entire Agreement
This Universal Terms of Service Agreement, and any contract for which you use TierraNet Services, comprise the entire agreement with respect to the subject matter hereof and supersedes and replaces all existing or contemporaneous agreements, whether oral, electronic or written.
26. Information for California Residents
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
Pricing Information: Current rates for using the Services may be obtained by going to the pricing schedule on our website or any other website operated by TierraNet. TierraNet reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time.
Complaints: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.
Acceptable Use Terms
TierraNet has developed this Appendix to help you understand your responsibilities when using the TierraNet Services. You must fully comply with the TierraNet Acceptable Use Terms to help prevent activities that may be harmful to TierraNet, its customers, and/or third parties.
You may access the TierraNet website and use the TierraNet Services only for lawful purposes. Transmitting, distributing, or storing any material that violates any applicable law is prohibited. You are responsible for any transmission or other data you send, receive, post, access, or store including the content of any communication. The following list provides a few examples of illegal or harmful conduct that is prohibited:
Infringement: Infringement of proprietary rights such as material protected by copyright, trademark, patent, trade secret, or other intellectual property right. Among other things, infringement may result from the unauthorized copying, distribution, use, disclosure and/or posting of pictures, paintings, logos, software, writings, musical works, motion pictures, drawings and designs.
Offensive Materials: Disseminating, storing, or posting material that is unlawful, libelous, defamatory, obscene, indecent, lewd, harassing, threatening, discriminatory, invasive of privacy or publicity rights, abusive or inflammatory. Without limiting the foregoing, you shall not access or use the Services in any manner for the transmission, storage or dissemination of child pornography.
Export Violations: Violations of export laws, regulations and rules including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the U.S. Department of Commerce.
Fraudulent Conduct: (1) Conducting fraudulent business operations and practices; (2) offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, chain letters, and pyramid schemes); (3) furnishing false data on sign-up forms, contracts or online applications; or (4) fraudulent use of a credit card, check or other method of payment.
Falsification/Impersonation: (1) Using the Services to impersonate any person or entity; (2) falsely stating or otherwise misrepresenting your affiliation with any person or entity; or (3) creating a false identity for the purpose of misleading others. Without limiting the foregoing, you cannot use invalid or forged e-mail headers, invalid or non-existent domain names, or other means of deceptive identification.
Failure to Abide by Third-Party Policies: Violating the rules, regulations, or policies that apply to any third-party network, server, computer database, or website that you access.
Harmful Content: Disseminating or posting content that is harmful to the Services or other users of the Services, including, without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots, or any other computer programming activity that may damage, interfere with, secretly intercept or seize any system, program, data, or personal information.
Illegal Conduct: (1) Taking any action that promotes, encourages or engages in terrorism; (2) violating the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation; (3) promoting, encouraging or engaging in the sale or distribution of drugs, controlled substances or prescription medication without a valid prescription; (4) illegal gambling; or (5) any other activity that TierraNet reasonably believes may violate any law, regulation or licensing requirements.
Utilizing the TierraNet Services, you shall not distribute, publish, or send: (1) any spam, including any unsolicited advertisements, solicitations, commercial email messages, informational announcements, or promotional messages of any kind; (2) chain mail; (3) numerous copies of the same or substantially similar messages; (4) empty messages; (5) messages that contain no substantive content; (6) very large messages or files that disrupt a server, account, newsgroup, or chat service; (7) any message that is categorized as "phishing"; or (8) any other similar message or activity.
Likewise, you shall not: (1) participate in spidering, harvesting, or any other unauthorized collection of email addresses, screen names, or other identifiers of others or participate in using software (including "spyware") designed to facilitate such activity; (2) collect responses from unsolicited messages; (3) use any of the TierraNet mail servers or another website’s mail server to relay mail without the express permission of the account holder or the website; or (4) use any of the TierraNet Services in any other similar manner.
You shall not, nor assist others to, circumvent, breach, disable, or otherwise interfere with this website, the TierraNet Services, or any security-related features.
No Resale Rights
Unless contractually agreed to by TierraNet, you shall not "subhost" or resell any of the Services, for a fee or for free.
If TierraNet learns of, or in its reasonable discretion believes there is, any violation of these Acceptable Use Terms, TierraNet may, at its sole discretion, take one or more of the following actions, with or without notice:
(1) warn you;
(2) suspend any one or all of the Services purchased;
(3) terminate one or more of your accounts or one or more Services purchased;
(4) impose fees or charges on your account(s);
(5) remove any offending content; and/or
(6) take any other action deemed appropriate by TierraNet.
If you violate any of these Acceptable Use Terms, or if any third party claims you violate any of these Acceptable Use Terms, you may be subject to additional charges for the costs and time TierraNet incurs on diagnostics and troubleshooting, legal fees, communicating with authorities responding to complaints, removing files, deleting unsolicited correspondence, and/or suspending or terminating your account.
TierraNet has the right, but not the obligation, to use any of the above-mentioned remedies with respect to violations of these Acceptable Use Terms. TierraNet shall have no liability or responsibility for the actions of any of its customers, suppliers or third parties or for other users or any content any user may post on any website or include in any email.
Reservation of Rights
TierraNet reserves the right to cooperate with appropriate legal authorities in investigations of claims of illegal activity involving TierraNet’s Services, customers and other users.
Any failure or delay by TierraNet to enforce any of its rights under these Acceptable Use Terms or any applicable laws will not constitute a waiver of such right.
If you want to report any violations of the Acceptable Use Terms, please email TierraNet at email@example.com.
You agree to pay all fees due for the TierraNet Services you purchase. All payments are non-refundable unless otherwise expressly provided in the Cancellation section below.
TierraNet expressly reserves the right to modify its prices at any time. Price modifications will be posted on this website and will become effective immediately going forward without further notice to you. If you have already purchased Services for a period of time, pricing modifications will become effective when the previously purchased Services in question come up for renewal.
TierraNet accepts credit cards (Visa, Mastercard, American Express, Discover), debit cards, electronic checks (e-checks), wire transfers and personal checks. All payments must be in U.S. currency.
TierraNet is not required to activate new accounts or Services until payment is received. TierraNet is not responsible for delays in processing payments by a method other than credit card.
By purchasing TierraNet Services, you agree to a recurring payment plan. Your account will automatically be re-billed according to the terms of the Services you select. By continuing (or renewing) your Services, you further agree to all of the then applicable TierraNet agreements.
You acknowledge, agree and authorize TierraNet to automatically bill and/or charge your credit card for successive terms of equal length as the initial term, unless terminated or cancelled by you or TierraNet as provided in this Agreement.
Send check payments to: TierraNet Inc., P.O. Box 502010, San Diego, CA 92150-2010 or send overnight payments by express mail to: TierraNet Inc., 14284 Danielson Street, Poway, CA 92064. Please contact TierraNet for other applicable payment method information (e.g. wire transfer account information).
For a $10 processing fee, TierraNet will accept wire transfers for amounts over $200. When selecting your wire transfer amount, it is your responsibility to include your payment for the TierraNet Services, plus the $10 TierraNet processing fee, plus any processing fees charged by your own bank.
A $25 processing fee, or as otherwise permitted by law, will be charged for bounced checks or credit card chargebacks. If multiple payments from you are returned, TierraNet may require that you pay by cashier’s check or money order. If fraud is suspected or payments are past due, TierraNet may immediately suspend or terminate Services on your account without notice.
For monthly recurring Services, you may choose to be billed monthly (credit card only), quarterly, or annually. For all other Services, pre-payment is required.
Regardless of your billing preference, TierraNet will email you a statement in any month which shows billing activity. If you require a paper statement, you can print a PDF version of your statement from within the Control Panel.
If you elect to have TierraNet automatically charge your credit card, this will be effectuated approximately: (a) 14 days after your billing statement is sent for Hosting Services, (b) 30 to 45 days prior to the expiration of your domain name for Domain Name Services; or (c) 14 days prior to the expiration of your Security Services.
Credit Card Charges
By submitting your order online, you authorize all fees described on this website to be charged to your credit card. You hereby represent that you have the power and authority to authorize TierraNet to make such charges, and you permit TierraNet to pre-authorize such charges with the credit card company or the bank. You must provide TierraNet with accurate and complete billing and credit card information, and you must notify TierraNet by no later than three calendar days after any change to such information. If a charge is disapproved by the financial institution, TierraNet will notify you via email, and you must immediately cure the disapproval. Failure to cure within seven days after the email notice shall constitute a material breach of this Agreement. You are solely responsible for any charges or expenses imposed against you by the financial institution (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by TierraNet.
Subject to applicable law, if you fail to pay your bill within 30 days after the due date, TierraNet will assess a late payment fee of 1.5% or $5, whichever is greater.
If you fail to pay your bill within 60 days after the due date, TierraNet will assess an additional late fee equal to 1.5% per month on the unpaid balance or the maximum rate permitted under applicable law, whichever is less.
Additionally, at TierraNet’s sole discretion, it will have the right at any time to suspend your account including all of the Services associated with it. TierraNet will not reactivate a suspended account until TierraNet receives payment in full, at which time the account will be subject to a $10 account reactivation fee. Although TierraNet may suspend your account, you are not eligible for a pro-rated refund or an extension of the term for the time your account was suspended.
If you fail to pay your bill in full within 90 days after the due date, TierraNet may, at its sole discretion, terminate your account, at which time all files, emails, settings and configuration will be deleted.
When you add Services to your account, you may receive special pricing for bundling Services, selecting a long-term contract, or a volume commitment. If you request to cancel or alter a Service in a manner that would break that commitment, TierraNet may, at its sole discretion (a) reject your request; or (b) retroactively increase any or all special pricing that you received, to the pricing that you would have received had you not made such a commitment. If you cancel a bundled Service that receives special pricing, any other Services on your account will revert to standard retail pricing.
In the event you cancel your account or downgrade a Service and if you are not in breach of this Agreement, upon your request, TierraNet will pro-rate and refund any monthly fees you already paid for Services not rendered. Fees for non-monthly-recurring Services, such as setup and domain registration fees, and fees for SSL Certificates, are not refundable.
TierraNet offers a 30-day satisfaction guarantee only on monthly recurring services and corresponding setup fees ("Guaranteed Services"). Domain name registration fees, SSL Certificates, custom services, and dedicated services are not eligible for this satisfaction guarantee. If you are not satisfied with the Guaranteed Services you may, no later than 30 days after signing up for the applicable Service, terminate that Service or your account, and TierraNet will provide a full refund of your money for those Guaranteed Services you cancel.