Terms of Service

Legal

These are the "rules" for TIERRA Hosting shared hosting accounts.

In order to make sure our systems run smoothly, TIERRA Hosting has to set and enforce rules. These rules are here to protect our customers!

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What is this?

The Terms of Service (TOS) are the rules and regulations that specify guidelines for using TIERRA Hosting shared hosting services. All use of our shared hosting services is subject to these terms. Please read them carefully and ensure that you understand and agree to all parts. Use of TIERRA Hosting's services implies agreement with these terms!

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Questions?

Any questions regarding this agreement should be sent to TIERRA's sales department prior to signing up for service.

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Shared Hosting Terms of Service

TIERRA Web Design and Hosting (hereinafter referred to as "TIERRA") provides web hosting to people all around the world. We have the responsibility to protect each client and provide them with the best service possible. The following guidelines were designed to ensure that our services remain of the utmost quality. Please read very carefully before ordering and/or using TIERRA services.

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TIERRA Service Agreement

The TIERRA Service Agreement is a separate agreement between TIERRA and all customers. Please make sure you are in agreement with the following points and conditions, as well as our service agreement (in its entirety) before signing up for or using TIERRA's services. Contact our sales department for any clarifications.

Link: TIERRA Service Agreement

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Content

All services provided by TIERRA Internet Solutions, Inc. may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statue. The subscriber agrees to indemnify and hold harmless TIERRA Internet Solutions, Inc. from any claims resulting from the use of the service which damages the subscriber or any other party.

Note: Pornography and sex-related merchandising are prohibited on any TIERRA Internet Solutions, Inc. server. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to TIERRA Internet Solutions, Inc. servers or any other server on the internet. Links to such materials are also prohibited.


Examples of non-acceptable content or links

  • Pirated software
  • Bulk Email related products
  • Pornography/Nudity/Adult Content
  • Hacking/cracking related websites
  • Warez and/or copyrighted MP3s
  • Illegal material or material that is against public policy
  • Sites containing or linking to material that may be considered detrimental to the public health, safety, or welfare. (Such as, but not limited to: Anarchists Cookbook, bomb making, weapon information, or anything else that may be considered detrimental or illegal.)

TIERRA Web Design and Hosting will be the sole arbiter as to what constitutes a violation of this provision, and reserves the right to deactivate and remove any site at any time for any reason without refund!

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Copyright Violations

TIERRA will respond to all reports of infringement that are formatted in accordance with the Digital Millennium Copyright Act and any other applicable copyright laws. Notices of infringement that do not comply with this act will not be processed. We will act in accordance with the DMCA when handling infringement reports.

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System Resource Usage

If TIERRA's system administration team determines that a customer's account is utilizing an unacceptable amount of system resources, TIERRA may temporarily deactivate the account in question. If TIERRA's staff deems necessary, an eviction notice may be sent to the customer of an offending account providing them with ten (10) days in which to either upgrade to a dedicated server or locate a new provider. This only occurs in extreme cases.

TIERRA Internet Solutions, Inc. will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analyzed individually.

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Domain Parking Circumvention

Any attempt to circumvent domain parking restrictions by using selective HTTP redirects or any other method to send traffic from parked domains to sites other than the main site is strictly prohibited.  If multiple domain names with separate content are required, domain pointers must be used instead.

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Chat Rooms

We do not allow clients to install their own chat rooms. These tend to be large system hogs and we cannot allow it as a account option. Clients are free to use any and all of the three chat systems that come pre-installed on all accounts.

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Background Running Programs (bots/daemons/monitors)

Customers are not permitted to run programs in the background on shared hosting servers. This tends to use a lot of system resources, and can impair service to other customers on that server.

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Backups

TIERRA's hosting accounts include a nightly backup service, however these backups are for TIERRA's administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. TIERRA does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on TIERRA's part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.

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Support Abuse

At TIERRA, we always treat our customers with the utmost respect. In return, we expect the same from you. If our staff feels that you are consistently addressing them in a demeaning or rude manner, your account may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for support abuse, customers will be given ten (10) days notice to find a new host. We will issue a refund only for the unused portion of pre-paid service.

Note: Due to our extremely high customer satisfaction rate, we have never had to invoke this clause.

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Cron Jobs

We do allow Cron Jobs to be conducted on our servers. You can setup and manage the cron jobs for your account from the "Cron" section of your Admin Control Panel.

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IRC (Internet Relay Chat)

We do not allow IRC or IRC bots to be operated on our servers. Any account found to be in violation of this provision will be immediately suspended and/or deactivated and no refund will be issued.

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Shell Access

Shell access is provided on an as-needed basis. It does not come enabled on accounts by default. A request for this feature must be sent to technical support before it can be used. The request must include a domain name, username and explanation of why shell access is required. We reserve the right to refuse this service to any customer for any reason.

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Unsolicited Email (SPAM)

SPAMing, or the sending of unsolicited email, from a TIERRA Web Design and Hosting server or using a return email address that is maintained on a TIERRA Web Design and Hosting server is STRICTLY prohibited. Using SPAM to advertise a site hosted on TIERRA's network also constitutes as a violation of this provision. TIERRA Web Design and Hosting will be the sole arbiter as to what constitutes a violation of this provision. Sites found to be in violation of our SPAM policies will be immediately deactivated and no refund will be issued.

Help us STOP SPAM! Please contact our abuse department immediately to report a violation of our SPAM policies.

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Server Abuse


Any attempts to undermine or cause harm to a TIERRA Web Design and Hosting server or customer of TIERRA Web Design and Hosting is strictly prohibited.

TIERRA Web Design and Hosting will be the sole arbiter as to what constitutes a violation of this provision. Customers found in violation of this provision will be subject to account deactivation without refund. TIERRA will turn all available information about abuse incidents, including customer contact data, over to the proper authorities and press charges.

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Failure to Follow Policies

Failure to fully comply with these terms is grounds for account suspension and/or deactivation (with or without refund, subject to TIERRA's discretion). Any accounts and/or servers contained within TIERRA's network must adhere to the above policies.

We reserve the right to remove any account without prior notice. If we deactivate your account for violating policy, you will forfeit your rights to a refund--and none will be given. No refunds for advanced payment. Our normal policy is a warning first, and account deactivation the second offense, but no warning is required.

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TIERRA Web Design and Hosting reserves the right to deactivate and remove any site hosted on our servers that contains any content that it deems in its sole discretion to be unacceptable, undesirable or contraindicated.