Acceptable Usage Policy

January 19th, 2011

Tier3 Hosting and Consulting values the trust and respect of our clients who expect us to maintain the high quality of service they deserve. In return, our clients agree to use our services in a courteous and responsible manner that respects the rights of others on the Internet and allows us to continue offering that quality. Below are examples of unacceptable uses of Tier3 Hosting and  Consulting’s services and would result in suspension or termination of a customer’s account.

The terms below are an important part of the service contract between you and Tier3 Hosting and  Consulting. Once you apply for our service, you have to agree to these terms and conditions or your order will not be processed. The following words used in context of the Service Contract are defined as follows:

“Provider” – Tier3 Hosting and  Consulting

“Client” – The person or entity who is applying for Dedicated Server, Virtual Server, Web Hosting or any other services

The Provider agrees to provide, and Client agrees to receive, access to the Web hosting or Server Hosting services according to the following terms and conditions:

Client will use Tier3 Hosting and Consulting’s Server/Web hosting packages and all other provided services in a manner consistent with any and all applicable laws of the US Federal Government. Client authorizes Provider to charge all fees due to the submitted credit card or checking account.

The provider service is provided on an “as is, as available” basis. The provider gives no warranty, expressed or implied, for Tier3 Hosting and Consulting’s Server/Web Hosting packages and all other services provided, including, without limitation, warranty or merchant ability and warranty of fitness for a particular purpose. This no warranty expressly includes any reimbursement for losses of income due to disruption of service by provider or its providers beyond fees paid by client to provider for services.

Provider is not responsible for any damages arising from Client’s use of Provider or by Client’s inability to use the Web hosting packages and any other services for any reason.

While Provider shall make every reasonable effort to protect and backup data for Client on a regular basis, Provider is not responsible for Client’s files residing on Provider. Client is solely responsible for independent backup of data stored on Providers server and network. If Provider needs and is able to restore client’s files due to a file lost provider is not responsible for, provider may charge an additional fee for this service.

Tier3Backup Terms of Use:

1.    All Software provided by Tier3Backup is on an “as is” basis with no warranties of any kind and Tier3Backup will not be liable for any damages of any kind arising from the use. Tier3Backup further disclaims all warranties, express and implied, including without limitation, any implied warranties of merchantability or fitness for a particular purpose.
2.    Tier3Backup shall not be liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, loss of backup data, or the like), whether based on breach of contract, tort (including negligence), product liability or otherwise, even if Tier3Backup or its representatives have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose.
3.    In consideration of the use of this Software to provide services to any third parties, the buyer hereby undertakes to indemnify and hold Tier3Backup harmless from and against all claims, suits, losses, liabilities (including the Company’s reasonable attorney’s fees), damages, cost and expenses from or in connection to this Software and/or these services for whatever reason.
4.    A license key and account can only be used on one computer at any given time. The use of a single license key on multiple computers is not permitted. Violation to this restriction will be subjected to a penalty of fulfilling the legitimate license requirement at five times the nominal licensing rate.

Client hereby agrees that all domain names and any material submitted for publication on provider through Client’s account(s) will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libelous or harmful. The Provider may deactivate any potentially illegal activity without warning. Client hereby agrees to indemnify and hold harmless the Provider for any claim resulting from the submission of illegal materials.

Client hereby agrees that all domain names and any material submitted for publication on Provider through Client’s account(s) will not contain anything leading to an abusive or unethical use of the Web hosting product(s). Abusive and unethical materials and uses include, but are not limited to pornography, obscenity, nudity, violations of privacy, computer viruses, hacking, Warez, illegal MP3s (or any media format) and any harassing and harmful materials or uses. Client here agrees to indemnify and hold harmless the Provider from any claim resulting from your publication of materials or your use of those materials. Provider may or may not give notice before deactivating the use of an account(s) that the Provider decides is an abusive or unethical use of the host server(s).

Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks, forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

It is a violation for anyone to post information or to include programs on the web space provided through the Tier3 Hosting and Consulting’s services which consume excessive bandwidth, CPU time or storage space.  Additionally, Client agrees that Tier3 Hosting and Consulting has no control of the performance of the website, the Internet or “Search Engines” and gives no guarantee of any placement on such “Search Engines”.

Electronic Mail Abuse Policy

A.    Harassment, whether through language, frequency, or size of messages, is prohibited.
B.    Customers may not send e-mail to any person who does not wish to receive it. If a recipient asks to stop receiving e-mail, the Customer must not send that person any further e-mail.  All complaints of abuse are taken seriously and thoroughly investigated.
C.    Customers are explicitly prohibited from sending unsolicited bulk mail messages (“junk mail” or “spam”). This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it.
D.    Malicious e-mail, including but not limited to “mailbombing” (flooding a user or site with very large or numerous pieces of e-mail) and “trolling” (posting outrageous messages to generate numerous responses) is prohibited.
E.    Forging of header or any other information is not permitted.
F.    Subscribing someone else to a mail list or removing someone else from a mail list without that person’s permission is prohibited.
G.    Tier3 Hosting and Consulting accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Usage Policy or the usage policy of that other provider.
H.    These rules apply to other types of Internet-based distribution mediums as well, such as RLG’s Ariel system (a system for sending FAX-like documents over the Internet). USENET postings have their own regulations.

Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider that customers may utilize.

Use of distribution lists via unsolicited electronic mail is strictly prohibited. Provider reserves the right to deactivate the Client’s Web hosting account(s) upon any indication of such activity without notice. Client hereby agrees to indemnify and hold harmless the Provider from any claim resulting from the Client’s or any other party’s use of electronic mail service(s) on the Client’s Web hosting account(s).

In the event it is necessary to refer any dispute to an attorney, a collection agency, or resolve it in a court of law, the prevailing party will be entitled to an award of reasonable attorney’s fees, collection fees, and all costs associated with any legal action, whether or not a suit shall actually be filed.

Provider maintains control and any ownership of any and all IP (Internet Protocol) numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses. Client shall keep the right to use the domain name even if client changes providers.

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