This Web Hosting Agreement is between Tier 1 Web Hosting and the person/persons who use our website hosting and domain service. Please read carefully to ensure you understand our terms before purchasing any of our products or services.

Services

Tier 1 Web Hosting agrees to provide the services stated for the price agreed at any given time. We do not miss lead customers with hidden costs unlike many other web hosting companies.

Terms

All customers are responsible for monitoring their storage space and bandwidth transfer each month. Customers who go over the limit of their account will be sent an email with the option to either upgrade their account or reduce store and or storage. If customers continue to go over we will do everything possible to fix the problem. We do hold to right to ban accounts for continuous problems. If customers sign up for an account and cancel it within the first month they will still be charged for the full first month.

Payments

Renewal notices are emailed seven days before the actual renew date in your account. If your using a credit card you will not have to worry about manuel payments. All accounts are set up on a pre-pay basis. Tier 1 Web Hosting reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notify Tier 1 Web Hosting to request for termination of services. YOUR particular billing cycle corresponds to the contract length that was initially chosen at setup. YOUR account will automatically renew at this length unless cancelled before hand. There is no fee for cancelled accounts that have been paid for yearly. If you cancel an account on the monthly billing cycle Tier 1 Web Hosting can not refund any payments made before.

All annual payments are non refundable once the 30 day money back guarantee has passed. The only time your annual plan will end is if your account does not comply with our terms of service/acceptable usage policy. Both monthly and annual payments are non-refundable if your account does not follow our terms of service/acceptable usage policy.

Cancellation and Early Termination

Customers must acknowledge that the amount of the services bought is based on customers agreement to pay the fee for the initial term or renewal term.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of Tier 1 Web Hosting is strictly prohibited.

Tier 1 Web Hosting will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include 'Internet scamming' (tricking other people into releasing their passwords), password theft, security hole scanning, etc.

Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or computer belongs to Tier 1 Web Hosting, will result in action against YOU. Possible actions include warnings, account suspension or cancelation, as well as civil or criminal legal action, depending on the seriousness of the attack.

IMPORTANT NOTE - Tier 1 Web Hosting has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.

YOU may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, upload scripts (Rappidleach), illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by Tier 1 Web Hosting to be unacceptable use of our services including abuse of server resources.

WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS - All web applications that are out-of-date and actively being exploited will be shut down immediately without prior notice. YOU are responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure their security and orderliness.

Shared hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.

Disk Space Abuse

Tier 1 Web Hosting will be the sole arbiter as to what constitutes a violation of this provision. You are reponsable for monitoring your disk space usage. If you need extra disk space contact one of our staff and they will be happy to help out. You can also upgrade your hosting plan from inside your client account.

Bandwidth Abuse

The intention of Tier 1 Web Hosting is to provide a large bandwidth to transfer web documents, and not an offsite storage area for electronic files. If YOU violate this condition, YOU will be notified and given 48 hours to remedy the problem. Failure to do so will result in YOU being billed for the overages.

Traffic will go unmonitored until YOU reach the amount of quota allocated to YOUR specific PLAN. Tier 1 Web Hosting will be the sole arbiter as to what constitutes a violation of this provision.

AUP

Customers agree to use our services under the Acceptable Usage Policy which is here by incorporated with this agreement. Customers agree that Tier 1 Web Hosting hold the right to change their AUP at any time to meet web hosting standards and laws. Amendments to the AUP are effective on the earlier of Tier 1 Web Hosting notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with Tier 1 Web Hosting reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Tier 1 Web Hosting and Customer regarding the interpretation of the AUP, Tier 1 Web Hosting commercially reasonable interpretation of the AUP shall govern.

Customer Information

Customer represents and warrants to Tier 1 Web Hosting that the information he, she or it has provided and will provide to Tier 1 Web Hosting for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to Tier 1 Web Hosting that he or she is at least 18 years of age. Tier 1 Web Hosting may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contract.

UNSOLICITED EMAIL & SPAMMING

Unsolicited commercial advertisements ('SPAM') are not allowed in e-mail, and will likely result in account cancelation. Tier 1 Web Hosting takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, YOUR account may be deleted.

The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers - any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ('mail bombing'); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages.

NOTE - If YOU use the services of another provider to promote a website hosted by or through Tier 1 Web Hosting ('spamvertising'), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.

99.99% UPTIME GUARANTEE

(1.) COVERAGE - This 99.99% uptime guarantee applies to any Customer in good financial standing with Tier 1 Web Hosting at the time of a service outage.

(2.) SERVICE LEVEL AGREEMENT ('SLA') & SPECIFICATIONS - Tier 1 Web Hosting endeavors to have the content of YOUR website available for http access by any party in the world 99.99% of the time. Network downtime ('unavailability') is defined as 100% packet loss from Tier 1 Web Hosting to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Tier 1 Web Hosting's online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the Tier 1 Web Hosting NOC.

Tier 1 Web Hosting's administrators will determine the end of the downtime by a traceroute to YOUR machine from outside the Tier 1 Web Hosting network.

(3a.) SHARED HOSTING CREDITS - In the event that YOUR website is unavailable for less than 100%, Tier 1 Web Hosting will credit the following month's service fee as follows. YOUR credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month.

- 95% to 99.9% - YOUR account will be credited 10% of your monthly hosting fee
- 90% to 94.9% - YOUR account will be credited 20% of your monthly hosting fee
- 89.9% or below - YOUR account will be credited 50% of your monthly hosting fee (3b.)

Credit shall not be provided to YOU in the event that you have any outage resulting from:

- scheduled maintenance as posted from time to time at Tier 1 Web Hosting,
- your behavior or the performance or failure of your equipment, facilities or applications,
- circumstances beyond Tier 1 Web Hosting's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site,
- YOU breaking any agreement policy in Tier 1 Web Hosting's 'Terms & Conditions and AUP' causing a machine to fail as a result.

TECHNICAL SUPPORT BOUNDARIES

Tier 1 Web Hosting provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues.

Unlike many hosting companies We do our best to help with scripts, templates and programing languages. However, under no circumstances is Tier 1 Web Hosting obligated to help YOU in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by YOU previously.

CGI SCRIPTS

Each shared web hosting account comes with its own CGI-BIN. YOU are free to use any CGI scripts YOU wish, however we reserve the rights to disable any CGI script that effects normal shared server operation without prior notice.

Indemnification

Customer agrees to indemnify and hold harmless Tier 1 Web Hosting, Tier 1 Web Hosting's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.

YOU AGREE TO DEFEND,INDEMNIFY AND HOLD HARMLESS Tier 1 Web Hosting AGAINST LIABILITIES ARISING OF:

(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Tier 1 Web Hosting'S SERVER.
(2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY
(3) COPYRIGHT INFRINGEMENT AND
(4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM Tier 1 Web Hosting'S SERVER.

Disclaimer of Warranties

Tier 1 Web Hosting does not warrant or represent that the services will be uninterrupted, error free, or completely secure. To the extent permitted by applicable law Tier 1 Web Hosting disclaims any and all warranties including the implied warranties or merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law all services are provided on an "As Is" basis.

Limitation of Damages

Neither party shall be liable to the other for any lost profits or any indirect, special incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.

Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of Tier 1 Web Hosting and any of its employees, agents or affiliates, under any theory of the law (including breach of contract, tort, strict liability and infringement) shall be a payment of money not to exceed the amount payable by customer for the three months service.

Suspension of Services/Termination

Customer agrees that Tier 1 Web Hosting may suspend services to Customer without notice and without liability if: (i) Tier 1 Web Hosting reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) Tier 1 Web Hosting reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay Tier 1 Web Hosting reasonable reinstatement fee if service is Tier 1 Web Hosting following a suspension of service under this subsection.

The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Tier 1 Web Hosting fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail. The Agreement may be terminated by Tier 1 Web Hosting prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon five (5) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from Tier 1 Web Hosting describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer's Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

If you break our terms of service/acceptable usage policy we hold the right to cancel any services. We will never cancel any services without trying our best to resolve the problem with you. However in extreme cases such as an account containing child pornography we hold the right to cancel services without any prior warning. We do not refund any accounts breaking our terms of service/acceptable usage policy. For example if we cancel your hosting account during your first month for breaching copyright, we will not refund you for the first month. This is to prevent people signing up for our services with the intention of breaching our terms.

Request For Customer Information

Customer agrees that Tier 1 Web hosting may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that Tier 1 Web Hosting believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

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