Terms and Conditions [TOS]
Tier1 Hosting Solutions (also referred to as 'the Company', 'Tier1', and 'Tier1 Hosting Solutions' in the proceeding text) agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). Use of Tier1 Hosting Solutions Service constitutes acceptance and agreement to Tier1 Hosting Solution's AUP as well as Tier1 Hosting Solution's TOS policy (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of Tier1 Hosting Solutions, and AUP (acceptable use policy). The TOS and AUP may be changed at any time at the discretion of the Company. Subscriber understands that changes in policy by the Company shall not be grounds for early contract termination or non-payment. This Agreement shall be construed in all respects in accordance with the laws of the province of Ontario, Canada and State of New York, USA applicable to contracts enforceable in that province and state.
Tier1 Shared Hosting
MyTier1, MyBizTier and MaxximusTier are shared Web and eMail Hosting subscription packages. This means customers who subscribe to the service are sharing the resources of servers.
Unlimited Usage and Definitions
Tier1 Hosting Solutions is committed to providing the best resources available to provide its Subscribers with the storage and bandwidth required to successfully power their Web Sites and eMail services. By providing unbridled access to resources, Tier1 Hosting Solutions is able to provide the highest level of consistent hosting to its Subscribers at a very low cost. The result of which provides its Subscribers who experience times of higher popularity and greater storage requirements without an increase in hosting fees.
1) Unlimited shall NOT mean the amount of disk space and bandwidth to support the resource demands of large web entities which include but are not limited to video and audio sites, gaming sites, ftp sites, international business sites. Additionally, Subscribers with large MySQL or PostgreSQL databases (above 3GB collectively) can adversely affect the performance of Tier1 Hosting Solutions Servers and consequently any Subscriber with large Databases will be notified and offered a more suitable type of Subscription to provide the resources they need to power their Databases, Web Sites and eMail Services.
2) Tier1 Hosting Solutions at its sole discretion reserves the right in determining the amount of system resources which constitute over-usage. This includes but not limited to Bandwidth (data transfers), disk space usage, CPU time and memory utilization.
General Terms and Conditions
1. Disclosure The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Tier1 Hosting Solutions shall have the right to terminate all service set forth in this Agreement.
2. Service Rates
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
2a. Bandwidth Overages for Virtual Dedicated Servers: All Tier1 bandwidth overages are billed at $0.40 per GB for metered transfer customers, unless Subscriber agrees to upgrade to a package with more allotted bandwidth. Customers on 95th percentile billing will be billed an overage rate agreed to upon sign-up, or their current Per Mbps 95th percentile rate, whichever is higher.
Unused bandwidth during service term is not carried over to the next term.
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. Subscriber agrees that The Company automatically charges subscriber's credit card every month. Tier1 Hosting Solutions reserves the right to process client credit cards from 1 to 5 days before the actual due date to ensure that the funds are received by the due date. The Tier1 billing system will send out an Invoice to your email address which was entered at the time you subscribed to Tier1 Hosting Services. Tier1 Hosting Solutions will send out 3 (three) payment due notices. If the invoice remains unpaid beyond 3 days after the 3rd notice, the subscription will be suspended until payment is made.
4. Account Cancellation For information on Cancellation and Refunds, please contact us.
5. Service Disruptions Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons. Therefore, subscriber agrees that the company shall not be liable for any damages. In no event shall the company be liable for any special or consequential damages, financial loss, data loss or injury.
6. Support Boundaries Tier1 Hosting Solutions, provides technical support to its subscribers. Technical Support is available by Online Live Help and/or Email Support. Tier1 ensures the servers are online and remotely accessible. Tier1 Hosting Solutions does not provide technical support for YOUR customers. If you can email, we encourage you to Submit a Support Ticket for assistance.
- Basic Support is provided to our clients for basic issues and problems.
- Advanced Support consists of a wide range of system administration tasks and investigations. Examples include configuration management, audit compliance, installing and configuring software, log analysis, troubleshooting load issues, performance tuning, system security, apache to ningx or lighttpd migration and SSL certificate installation. This is a paid for service.
- Emergency Support consists of Advanced Support, where work for the customer is to be performed outside of normal business hours. This is a paid for service.
7. SPAM and Unsolicited Commercial Email (UCE) Tier1 Hosting Solutions takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM (of any kind) over our network. Very simply this means that customers of Tier1 may not use or permit others to use our network to transact in UCE. Customers of Tier1 Hosting Solutions may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service. Violation of Tier1 Hosting Solutions's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Tier1 Hosting Solutions will initiate an immediate investigation (within 48 hours of notification). During the investigation, Tier1 Hosting Solutions may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Tier1 Hosting Solutions may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Tier1 Hosting Solutions reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Tier1 Hosting Solutions will notify law enforcement officials if the violation is believed to be a criminal offence. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that Tier1 Hosting Solutions personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account. As our Customers are ultimately responsible for the actions of their clients over the Tier1 Hosting Solutions network, it is advisable that Customers develop a similar, or stricter, policy for their clients. Any customer found to have UCE coming out of their server(s) will, at the discretion of our own employees, be charged $2 per IP address retroactively from when the IP assignment was made.
IMPORTANT NOTICE: Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice or refund.
8. Network IP Address Ownership
If Tier1 Hosting Solutions assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Tier1 Hosting Solutions, and Customer shall have no right to use that Internet Protocol address except as permitted by Tier1 Hosting Solutions in its sole discretion in connection with the Services, during the term of this Agreement. Tier1 Hosting Solutions shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Tier1 Hosting Solutions, and Tier1 Hosting Solutions reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting. All IPs that are allocated to client must be utilized within 48 hours. If allocated IPs are not utilized within this time frame The Company reserves the right to retract IPs that are not being utilized without notifying the client. Bandwidth Usage. Tier1 Hosting Solutions will monitor Customer's bandwidth. Tier1 Hosting Solutions shall have the right to take corrective action if Customer's usage negatively impacts other clients. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Tier1 Hosting Solutions Network. Violations of system or network security may result in civil or criminal liability. Tier1 Hosting Solutions will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation: Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing". Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Taking any action in order to obtain services or access to which such User is not entitled. Using any method to change, mask, hide, or otherwise obscure the source of any IP packet, including but not limited to the use of "spoofing" techniques, open relays or proxies, or the use of any inaccurate or unauthorized information or domain name, including TLD, in a PTR or other reverse DNS record that provides for IP to name resolution, including records hosted on Tier1 Hosting Solutions DNS servers or any other server to which IP to name resolution authority is delegated or otherwise assigned.
9. Notification of Violation
Tier1 Hosting Solutions is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities. First violation: Any User, which Tier1 Hosting Solutions determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Tier1 Hosting Solution's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations. Second Violation: Users that Tier1 Hosting Solutions determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
10. Suspension of Service or Cancellation
Tier1 Hosting Solutions reserves the right to suspend network access to any customer if in the judgement of the Tier1 Hosting Solutions network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Tier1 Hosting Solutions chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's service(s) were suspended.
11. Changes in Policy
Tier1 Hosting Solutions wishes to emphasize that in agreeing to the Tier1 Hosting Solutions Acceptable Use Policy (AUP) and Terms of Service (ToS), the customer indemnifies Tier1 Hosting Solutions, its Agents or Owners for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Tier1 Hosting Solutions or the bringing of any claim against Tier1 Hosting Solutions by any third-party. This means that if Tier1 Hosting Solutions is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Tier1 Hosting Solutions, plus all costs and attorney's fees.
13. Miscellaneous Provisions
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation. Tier1 Hosting Solutions takes no responsibility for any material input by others and not posted to the Tier1 Hosting Solutions Network by Tier1 Hosting Solutions. Tier1 Hosting Solutions is not responsible for the content of any other websites linked to the Tier1 Hosting Solutions Network; links are provided as Internet navigation tools only. Tier1 Hosting Solutions disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.Tier1 Hosting Solutions is not responsible for any damages your business may suffer. Tier1 Hosting Solutions does not make implied or written warranties for any of our services. Tier1 Hosting Solutions denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Tier1 Hosting Solutions.
14. Responsibility for Content
You, as Tier1 Hosting Solutions' customer, are solely responsible for the content stored on and served by your Tier1 Hosting Solutions Server(s). Tier1 Hosting Solutions is not responsible for loss of any data on your Shared Hosting, Virtual Private Server - VPS or Dedicated Server.
15. Dedicated Server Liability
Tier1 Hosting Solutions assumes zero liability for content in Dedicated Server(s). Client assumes responsibility for backups of all content contained in their Dedicated Server(s).
16. Price Errors
Tier1 Hosting Solutions reserves the right to not deliver a product or service that was ordered at a certain price if the price is deemed by Tier1 Hosting Solutions to be a mistake.
17. Resource Usage
Customer agrees that Tier1 may suspend or terminate Agreement with Customer, with or without warning if any of the following software or activities are found by Tier1 Hosting Solutions:
- Customer is using maximum allocated CPU resources in an abusive manner;
- Customer is using maximum allocated network port limit in an abusive manner;
- Customer is using swap space in an abusive manner;
- Customer is using IRC (internet relay chat) client or server software in any form of an abusive manner to any client of Tier1 Hosting Solutions or, Tier1 Hosting Solutions is notified by outside sources it's IP address(s) are abusing others outside of Tier1 Hosting Solutions Network ;
- Customer is using proxy scripts (public anonymous proxies) or software that allows the public to access external web sites via Tier1's network;
- Customer is using benchmark or performance testing software in an abusive manner;
- Customer is using distributed computing software, such as SETI@home or Folding@home.
- Tier1 reserves the right to suspend or terminate Agreement with Customer if Tier1 determines Customer's actions are affecting other Customers or general operating level of Tier1 servers or services.
Service Level Agreement 100% Uptime on Power and Network
Tier1 Hosting Solutions will provide, to each client's Dedicated Server, both a minimum of 100% uninterrupted transit to the Internet and a minimum of 100% uninterrupted access to electricity. Tier1 Hosting Solutions offers clients the following considerations in the event that Tier1 Hosting Solutions fails to provide both 100% uninterrupted transit to the Internet a 100% uninterrupted access to electricity:
1. Should transit to the Internet or electricity to a client Dedicated Server, or Server which is running VPS, or Shared Hosting Server become unavailable for a cumulative period of up to 5 minutes beyond the 100% minimum in any month of service, the client will be entitled to receive credit for the equivalent to 5% of the client's Recurring Monthly Fees for that month that would otherwise be payable to Tier1 for the effected services.
2. Should transit to the Internet or electricity remain unavailable for a cumulative period beyond 5 minutes, the client will be entitled to an account credit equivalent to 5% of the client's Recurring Monthly Fees for the month that would otherwise be payable to Tier1 for the effected services for each cumulative 1 hour period that network or power is unavailable.
All credits pursuant to section 2 above shall be calculated in 1 hour periods. Any and all credits issued in accordance with this SLA during any one month's time related to any single dedicated server, VPS, shall not exceed 100% of the Recurring Monthly Fees for that single dedicated server or VPS, that would otherwise be payable to Tier1 during that month for the effected services.
No part of this agreement covers outages or other service interruption that is caused by equipment and/or events that are the effect of or under the control of the client. No part of this agreement shall cover loss of power to a server as a result of the client's utilization of remote power management tools that may be made available to them by Tier1 Hosting Solutions. No part of this agreement covers limited service interruption that is caused by one or more devices on our network being the target or source of a DoS, DDoS, or other form of malicious attack. No part of this agreement covers outages or other service interruption that is caused by scheduled or emergency network and systems maintenance. All scheduled or emergency network and systems maintenance will be announced via the Tier1 Status Page . Clients are encouraged to regularly check this page for upcoming network and systems maintenance announcements. Clients will be emailed individually for maintenances which will result in planned downtime.
No account credit shall be issued until an SLA credit request is made by the client. All requests for credits must be made within 5 days of the incident. All requests for credits must be made by Creating a Support Ticket at our Support Ticket Page
Hardware Replacement for Dedicated Servers
Tier1 Hosting Solutions will replace any defective component of its Servers as soon as possible subject to inventory of component being replaced.
Acceptable Use Policy This Acceptable Use Policy (the "Policy") for Tier1 Hosting Solutions services (the "Services") is designed to help protect Tier1 Hosting Solutions, its customers and the general Internet community from abusive or, in some cases, illegal activities. Each company (or person) who uses or purchases the Services is responsible for the activities of its customer base and/or end-users and, by accepting such service from Tier1 Hosting Solutions, is agreeing to ensure that its customers and/or end-users abide by this Policy. Complaints about customers" or end-users" conduct in respect of the Services must be forwarded to abuse@Tier1Hosting.net for action. Under Terms and Conditions, Tier1 Hosting Solutions has the right to terminate the account of a customer for violation of this Policy, or to take, without notice, any other action that Tier1 Hosting Solutions considers appropriate in relation to the Services (e.g., address filtering, server disconnection). Each company (or person) who uses or purchases the Services shall not, nor shall they permit or assist others to, use the Services in a manner, or for a purpose, that is abusive or illegal. Abusive conduct includes, but is not limited to, the following:
- Sending unsolicited e-mail that causes complaints from the recipients of such e-mail;
- Sending e-mail that results in IP addresses being blacklisted
- Mailbombing or spamming (sending large quantities of unwanted or unsolicited e-mail to newsgroups or individual e-mail accounts);
- Unauthorized attempts by a user to use or gain access to any account or computer resource not belonging to that user (e.g., "spoofing");
- Using any means or device to obtain, or attempt to obtain, the Services with the intent to avoid the applicable charges;
- Using any means or device to gain unauthorized access to, alter, or destroy (or any attempt thereof) the data or information of any other customers and/or their end-users;
- Engaging in any activities that will cause a disruption of the Services (e.g., synchronized number sequence attacks) to other customers and/or their end-users;
- Engaging in any activities that will damage the systems of, or cause a disruption of Internet services to, third parties; or,
- Using the Services in violation of the law, or in aid of any unlawful act, or to interfere with the use and operation of Tier1 Hosting Solutions's network.
- Use of the services for adult content or gambling purposes without the express consent of Tier1 Hosting Solutions.
- If we find evidence of malicious processes running on your VPS or Shared Hosting Account, such as port scanners or bulk packet transmitters (like DDOS, stealth, etc), your VPS be will shut down without notice and you will have to pay a reconnection fee.
- Legal rights of others. Using Tier1 Hosting Solutions"s services in a manner that may violate the legal rights of others. This may include, but is not limited to, defamation, infringing copyright or Intellectual Property, distribution of content or code that is intended for illegal or mischievous purposes.
Abusive or illegal conduct may result in Tier1 Hosting Solutions suspending, terminating or taking such other action without notice as Tier1 Hosting Solutions in its sole discretion may deem appropriate. Tier1 Hosting Solutions reserves the right to modify this Policy at any time.
1.Illegal Use: Any use of Shared (Easy Web Site and Email Hosting), VPS (Virtual Private Server) and Dedicated Server services in a manner which is defined or deemed to be in contradiction to Provincial, State and Federal Law in Canada and The United States of America is a direct violation of Tier1 Hosting's AUP. This includes, but is not limited to: death threats, terrorist threats, threats of harm to another individual, multilevel marketing schemes, "ponzi schemes", invasion of privacy, credit card fraud, racketeering, warez (Pirated Software) and other common illegal activities.
2. Child Pornography: Tier1 Hosting has a zero-tolerance policy on child pornography and related sites. The hosting of child pornography or related sites or contact information is in direct violation of federal law and Tier1 Hosting Solutions AUP. Any client hosting child pornography on any equipment owned by Tier1 Hosting Solutions will be shut down immediately without notice and there will be no refund whatsoever.
All servers sending mail must use an IP address that has a valid reverse dns entry. The domain listed on the reverse dns entry must have a valid and active web page (it may not be a boilerplate type web page). The web page must have valid contact information. If the server is sending any kind of bulk mail, the unsubscribe feature must be clearly available and functional on the home page. The above applies to all IP addresses configured on a server.