Terms of Service

Updated February 21, 2025

1. Introduction

Please read the following document carefully.

This is an agreement ("Agreement"). By purchasing and/or using the products and/or services of Tieriun (the "Service") described and offered on https://www.tieriun.com (our "Website"), you agree to the terms of this Agreement, and you also accept the terms of our Privacy Policy.

In this Agreement, when we say "you", "your", and "Customer", we are referring to the owner of the Tieriun Account and the person who uses the Service. When we say "we", "our", "us", "Provider", "Tieriun", we are referring to Tieriun, LLC.

There may be other agreements that regulate our relationship in addition to this Agreement. If so, the agreements between you and us remain in effect even if we are involved in other agreements or service arrangements, such as professional services, software development, or Web development.

We may also offer or provide services through third parties, which are governed by the terms and conditions of the respective service providers. Those terms and conditions are mentioned in this Agreement below; otherwise, they will be made available to you at the time you purchase the particular service. By using such a service, you agree to be bound by any regulations that are applicable to Tieriun with respect to those service providers.

This Agreement can only be modified or supplemented by Tieriun. We reserve the right to modify or supplement this Agreement, at our discretion, at any time. When we change or supplement this Agreement, we will do our best to notify you and inform you of the changes and the new content. We may also post rules and guidelines, applicable to specific products or services, in the various sections of our Website that describe them. You are responsible for reviewing this Agreement and our Website to be aware of the rules or guidelines applicable to specific areas of our Website and any changes or supplements to this Agreement, changes in our fees, or changes in the Service ("Changes"). If you do not agree with the terms of this Agreement or any of the policies on our Website, please discontinue use of the Service immediately and close your Account(s). Your continued use of the Service, after the posting of any Changes by Tieriun, constitutes your acceptance of the Changes and all Changes will supersede any prior agreement between you and Tieriun. Notification of any Changes will be deemed delivered and effective on the date we update our Website with such Changes. You are responsible for periodically reviewing this Agreement to ensure you are aware of any changes.

2. Definitions

For the purposes of this Agreement, the following definitions apply. Any term not defined has the meaning attributed to it in the context in which it is used in this Agreement:

”Service": refers collectively to all products and services that Tieriun offers and provides, including, but not limited to, the installation, maintenance, and repair of one or more shared or physical computers for the use of customers. For more information on the details of each Service, please visit its respective section on our Website.
”Network Transfer": refers to the finite amount of the Provider's network transfer capacity (bandwidth) to be used by the Customer using the requested Service.
”Content": refers to any material, including, but not limited to, code, text, links, images, photographs, messages, graphics, music, sounds, videos, files, data, software, applications, and any other material that the Customer may store on or about the Service or the Account at Tieriun.
”Account": refers to your Account with us that contains the Service(s) to which you subscribe.
”Account Owner": refers to the person identified as the owner of the Account in Tieriun's records.
”Account Contact": refers to any person that the Account Owner has added to the Account for the purpose of being able to access and manage the Account, or aspects thereof.
”Work Order" refers to the Service order requested by the Customer through our Website and is defined by the specified hours, with a minimum shown for each of the services you request.
”Peripherals" refers to any service or product that you may use in conjunction with or alongside the Service.
“Control Center” refers to the online interface, managed by Tieriun and located at tieriun.com, through which the Customer can manage the Account and perform various administrative functions including, but not limited to, adding services, closing services, making payments, updating the payment method, contact information, and accessing services.
”Closure Request" refers to the formal request, made by the Account Owner in the Control Center™, to close a Service or the Account itself.
”Open ticket" is a written communication, exchanged by and between Tieriun and you and/or your Account contact, through the Control Center™. If Tieriun initiates the Support Request, a copy may be sent by email to the registered email address; additionally, a copy may be stored in the Control Center™ for future reference.
”Add-ons" refers to supplementary services that Tieriun may provide, such as additional disk space, SSL certificates, additional IP addresses, backups, among others.
”Support PIN" refers to the eight-digit number that is generated every 24 hours within the Control Center™ and is used to verify your identity when you contact customer support.

3. Registration and Account Ownership

A. Registration Information

When you register for an Account, or add any Contact to the Account (collectively, "Registering"), you will be asked to provide data, which may include, but is not limited to, your name or that of your Account contacts, full legal name, company name, phone number, email addresses, and postal address of any of your Account Contacts ("Registration Data"). You represent that: (i) the Registration Data is accurate; (ii) you will at all times keep the Registration Data up to date; (iii) you and any Account Contact are over 18 years of age or, if applicable, have the legal age required in your country to enter into contractual obligations, such as this Agreement; (iv) if you are registering on behalf of a corporation or company, you are authorized to be the owner of all assets associated with the Account; and (v) your use of the Service will not violate any applicable law. You may update the Registration Data only in the Control Center™. Unless pursuant to any section herein, Tieriun will not modify the Registration Data. If we have reason to believe that any Registration Data is inaccurate, we may, at our sole discretion, suspend or close the Account, without prior notice, and refuse current or future service to you and/or your Account Contact(s).

You agree that we may communicate important information to you using the email address you have provided to us.

B. Account Ownership

The ultimate authority of an Account is the Account Owner. During the registration process, on the initial order form on our Website, the Account Owner is assigned or, if an order is placed through the customer support or sales departments, by a Tieriun sales agent. Once the Account Owner designation has been made, it cannot be changed unless it is the Account Owner through the Control Center™ or an authorized agent of Tieriun, pursuant to Section (3)(C) of this Agreement. We recommend designating as the Account Owner someone who owns the domain names hosted on the Tieriun Account. To avoid a potential ownership dispute, we do not recommend that an employee, contractor, or other transient person be the owner of the Account at Tieriun. In the event a dispute arises, we may not be able to assist the third party in accessing the Tieriun Account without a valid and enforceable court order. If the ownership of the Account is disputed, Tieriun may, at its sole discretion, suspend or close the Tieriun Account without prior notice. The Account Owner assumes all obligations and responsibilities for: (i) the management of the Account, the Service, and all Content associated with the Account; (ii) all complaints submitted to Tieriun in reference to the Content; (iii) all activity associated with the Account; (iv) the actions of all Account Contacts; and (v) the payment of all money owed on the Account.
The owner and any Account contact must be living persons whose legal first and last names are provided to Tieriun. Tieriun may require proof of: (i) the identity of the Owner and/or any Account Contact; and (ii) any of the Registration Data, including, but not limited to, proof of address and email address verification. The use of trade, organizational, or false names for the owner or the name of an Account contact is prohibited and constitutes a breach of this Agreement.
Account Contacts have access to the Tieriun Account, including, but not limited to: billing information, payment history, statements, and support requests. Account Contacts may make support-related inquiries on behalf of the Account. Some Account Contacts may add a Service to the Account at any time, however, only the Account Owner can close or reopen an Account or Service.

C. Transfer of Account Ownership

1. Requests to transfer ownership of an Account are classified into three types: (i) Type A transfers are those transfers initiated by the Account Owner through the Control Center™; (ii) Type B transfers are those transfer requests initiated by someone other than the Account Owner; or (iii) Type C transfers are those transfer requests initiated by the beneficiary, legal heir, power of attorney, or executor of the deceased Account Owner's estate. Tieriun may, at its sole discretion, deny any request for transfer of ownership of an Account.

Type A Transfers:

In the case of Type A Account ownership transfer requests, the Account Owner changes, through the Control Center™, the data present in the owner's name fields. Once the data is modified, all rights and obligations granted to the previous Account Owner under this Agreement will be immediately transferred to the new Account Owner. The transfer of ownership only affects the ownership of the Account and not any Peripherals.

Type B Transfers:

In the case of Type B Account ownership transfer requests, if all the requirements established in the transfer form were met, we may make a good faith attempt to contact the current Account Owner by email or support request, to allow them the opportunity to approve or deny the request. If the Account Owner expressly objects to the transfer request, we will not be able to assist the other party in accessing the Account without a valid and enforceable court order. On the other hand, if we are unable to contact the current Account Owner for any reason, or if we do not receive a timely response to any of the Communications we have sent regarding the request, we may proceed with the transfer of ownership, as requested, without prior notice.

Type C Transfers:

In the case of Type C Account ownership transfer requests, if all the requirements established in the transfer form are met, we may, at our sole discretion, proceed with the transfer of ownership as requested.

Effects of Type B and C Transfers:

Once the ownership of an Account has been processed: (i) All rights and obligations granted to the previous Account Owner under this Agreement will cease immediately and will be transferred to the new Account Owner; (ii) Tieriun will delete the old Account Owner's Registration Data and replace it with the Registration Data provided by the new Account Owner in the transfer form; and (iii) Tieriun may also delete the old Account Owner's Payment Method. Tieriun will not modify any other aspect of the Account or the Service; the new Account Owner is solely responsible for doing so. Before any approved ownership transfer can be completed, Tieriun must receive full payment of any balance due on the Account as of the date of approval. An approved ownership transfer only affects the ownership and control of the Account, and not any Peripherals.

4. Support

A. Support Channels

You can contact us for assistance in using the Service through our customer service agents, available to assist you 24 hours a day, 7 days a week, 365 days a year. You can contact us through our Ticket system, in the Control Center™. Response times may vary. Not all Support Channels are available at all times. All inquiries are handled in the order in which they were received. Tieriun does not guarantee the availability or accessibility of all Support Channels. We reserve the right, at our sole discretion, to change, replace, or discontinue offering support altogether through one or all of the Support Channels, at any time, for any reason or no reason, and without prior notice.

Tieriun cannot provide Account-specific information or assistance to any person other than the verified Account Owner and authorized Account Contacts. Account-specific information is considered any non-public information about the Tieriun Account, which may include, but is not limited to, the Account Owner's name or contact information, billing or payment information, balance due, service duration, or types of Service being used. Any person other than the Account Owner or an authorized Account Contact who contacts us seeking Account-specific information or assistance will be informed that they are not listed in our records and that we cannot provide the sought-after Account-specific information or assistance, regardless of the alleged relationship that such person may claim to have with the Account Owner or an authorized Account Contact. Notwithstanding the foregoing, even if a person presents themselves as the Account Owner or an authorized Account Contact, before we provide any Account-specific information or assistance to such person, they will be required to validate that they are the person they represent themselves to be by providing a valid Support PIN ("Authenticate"). If such person cannot be authenticated, for any reason, we will not be able to provide any Account-specific information or assistance. However, we have the right to rely on the authentication information provided by individuals who contact us and successfully authenticate to the Account.

B. Statement of Support

We will provide the hosting environment, but it is up to you to maintain that hosting environment and the Website you host on it. Tieriun has no obligation whatsoever to provide support outside of what is defined as support, as set forth in this Agreement. Any support we provide that falls outside the scope of our support is provided entirely as a courtesy, with no obligation or liability. In no event should you rely on or expect such assistance in the future. The Statement of Support provides an overview of the scope and limitation of our support. As we add, change, and remove products and services from our offerings, this list will change. For a detailed breakdown and a copy of our most up-to-date Statement of Support, click here.
As a courtesy, we maintain documentation with information that you may find useful. We do not guarantee, in any way, the feasibility, accuracy, completeness, or usefulness of the information available in the documentation. The use of any information present in the documentation is entirely at your own risk. It is recommended that you back up your Content before attempting to use any information from the documentation. In no event shall Tieriun be liable to you or any other person for any loss incurred in connection with the use of the information in the documentation. If you contribute to the documentation, we own that contribution.

C. Support Abuse

We maintain a zero-tolerance policy regarding abuse of our support system. Abuse of our support system may include, but is not limited to, engaging in any threatening, abusive, offensive, defamatory, harmful, profane, harassing, or unreasonably excessive communication with Tieriun through the Support Channels. Any abuse of our support system, whether originating from the Account Owner or any authorized Account Contact, will constitute a breach of this Agreement and the Account will be subject to closure with immediate effect and without prior notice.

5. Acceptable Use Policy

A. Restrictions on Use

You agree to use the Service only for lawful purposes. The laws of the State of Florida and the United States of America apply to this Agreement and your use of the Service. In order to maintain a functional, professional, and first-class service, we have some other conditions for users of our Service.
The following represents a partial list of activities that are prohibited when using the Service, any of which has the potential to result in account or service suspension or closure without prior or subsequent notification. Without limitation and in no particular order, the Service may not be used to host, display, publish, propagate, upload, download, transmit, transfer, disseminate, distribute, reproduce, sell, link to, or facilitate access to:

Any Content or website that contains material that, in our judgment, is intended to promote illegal activities, is illegal, threatening, obscene, abusive, harassing, defamatory, libelous, hateful, or that violates any section of this Agreement;
Any Content or website that contains private or confidential information, including, but not limited to, credit card information, social security number or other national identity number, private phone number, address, or email address of yours or any other person or party;
Any Content or website that, in our judgment, is child pornography, child erotica, depicts children in an indecent manner, or causes any harm or potential harm to any child;
Any Content or website that contains material that, in our judgment, is of a pornographic, sexually explicit, obscene, or violent nature;
Any Content or website that promotes, encourages, or engages in terrorism, violence against people, animals, or property;
Any Content or website that is designed or used to hack or access remote systems;
Any Content or website that is configured to operate as an open http proxy;
Any Content or website that is designed or used to commit or facilitate any "phishing" attack;
Any Content or website that contains malware, including, but not limited to, software viruses, Trojan horses, worms, time bombs, or any other computer code, file, or program designed to interrupt, destroy, damage, or limit the functionality of any computer software, hardware, telecommunications equipment, or other device or equipment;
Unsolicited or bulk email (SPAM), including, but not limited to, the use of the Service's SMTP service or mail script to send SPAM through our networks or other systems. SPAM is defined in paragraph (5)(C)(3). Our definition of SPAM is different from the CAN-SPAM Act, please read it;
”Snowshoe spamming" (which, in general, is an abusive technique used to send SPAM from a variety of IP addresses in an effort to distribute the SPAM load);
Any Content or website that, in our judgment, is designed to operate as a bitcoin farm type website, bitorrenting, pirated software, or illegal or unlicensed software or 'warez' type website;
Any Content or website that, in our judgment, is designed to operate as a "Tor relay" service or website;
Any Content or website that contains URL shortener validation software;
Any Content or website that contains or facilitates access to any material that is prohibited by Tieriun;
Any Content or website that contains content that infringes any right of any person or group, including, but not limited to, the right to privacy or the intellectual property rights of a person or group;
Any Content or website that, in our judgment, is designed or used to exploit, extract, or collect any content or information from any Tieriun database, including, but not limited to, the incorporation of data from any Tieriun database into any email or "white pages" products or services, whether browser-based, on proprietary applications of the customer's site, on the Web, or otherwise;
Any Content or website that, in our judgment, is designed or used to reverse engineer, hack, invade, or obtain unauthorized access to any of our systems, devices, or communication resources, or any other system, device, or communication resource (including, but not limited to, security probing activities or other attempts to assess the security integrity of a network or host system without permission);
Any Content or website that, in our judgment, is designed, used, operated as or for the purpose of topsites; IRC scripts/bots; IRCD (irc servers); proxy/anonymizer scripts; image hosting scripts (similar to Photobucket or Tinypic); AutoSurf/PTC/PTS/PPC sites; IP scanners; brute force programs/scripts/applications; mail bombers/spam scripts; banner ad services (commercial banner ad rotation); file dump/Mirror scripts (similar to rapidshare); commercial audio streaming (more than one or two streams); escrow/bank debentures or bank debenture trading programs; high-yield interest programs (HYIP) or related sites; investment sites (e.g., FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/pyramid schemes); sale of any controlled substance without prior proof of appropriate permits; prime bank programs; lottery/gambling sites; MUDs/RPGs/PBBGs; hacker-focused sites/archives/programs; fraudulent sites (including, but not limited to, sites listed on aa419.org and escrow-fraud.com); push button mail scripts; transmission, broadcast, or streaming of live sporting events; “tell a friend scripts"; anonymous or bulk SMS gateways; websites advertised via SPAM ("Spamvertised"); organizations, entities, or websites included in the ROKSO database; PayDay loan sites (including any site related to PayDay loans, PayDay loan affiliate programs, etc.); or Mailer Pro (mass mailing).

B. Passwords

If you do not keep your password secure, you may be hacked. Notwithstanding any of the terms of this Agreement, you must and are solely responsible for maintaining the confidentiality and security of the passwords used to access your Tieriun Account, the Service, and Peripherals. Any and all activity that occurs with your username and password will be deemed to be done by you, and you are solely responsible for that activity. Tieriun will not be liable for any loss or damage arising from or related to your lack of control over access to your password or username, the Account, the Service, or Peripherals, whether due to your own negligence or any other reason. It is best that you change all your passwords periodically and whenever you believe that the Account, the Service, any of the Peripherals, or any of your other usernames or passwords have been compromised.
Passwords like “password1", “love4god", and “123456" are too common and easy to crack. You are obligated and solely responsible for employing industry security best practices, such as the use of strong passwords. You will be solely responsible if you use an insecure password and the Account, the Service, and/or the Peripherals are hacked or compromised. Audits may be conducted to check for weak passwords; however, in no event should you rely on the performance of any possible audit by Tieriun. If an audit is performed and your password is found to be weak, your Account may be suspended or you may be given time to update your password to a more secure one.
In the event you forget your password to access the Control Center™, you can recover it using the "Forgot your password?" link on our website's login page. If you use the "Forgot your password?" link, you will receive, at the primary email address we have on file for you, a password reset link. If you do not have access to the primary email address we have on file for you, or if you do not know or remember the primary email address, your sole recourse for recovering your password will be to submit a Support Request through our Ticket system.

C. Additional Use Restrictions

Any Content that, in our judgment, is objectionable or that violates any section of this Agreement, or any law to which Tieriun is subject, to any degree, may be removed from our servers (or otherwise disabled), at our sole discretion, with or without prior notice and without liability. The Account may also be suspended or closed in such a case.
You agree to use the Service in a manner that does not interfere with or disrupt service to other Tieriun customers, or any of our systems. We reserve the right to suspend or close the Account without prior notice if, in our judgment, we determine that such interference or disruption exists. Some examples of such interference or disruption include, but are not limited to, some of the items listed in Section (5)(A)(2) and any Customer action that has caused Tieriun's mail servers or any of our IP ranges to be placed on any "black hole" list, or any other mail filtering software system used by companies on the Internet.
For our purposes, SPAM includes, but is not limited to, the sending of unsolicited bulk email, often in abundance. We do not allow SPAM on any Service on our systems. To that end, please be aware that there is a limit of 100 emails sent per hour, sent through any Service. Exceeding these limits is a breach of this Agreement and the Account is subject to suspension or closure, without prior notice.
You are not permitted to use the Services only as a remote storage server.
Tieriun does not permit excessive hosting service splitting ("excessive splitting"). For our purposes, excessive splitting describes the condition where a customer attempts to use two or more Services, stored with duplicate Content, to collect an excessive allocation of overall bandwidth, disk space, or other resources, in order to avoid overuse and fees on a single service plan. A condition of excessive splitting can also be achieved by closing the Service before its resource limits are reached and then opening a new Service with almost identical Content to use its pooled resources. Splitting content and resources is generally allowed only on load-balancer enabled products and products that feature consolidated bandwidth billing. Any other form of content splitting will be considered excessive and may result in service suspension or Account closure, without prior notice.
You are not permitted to knowingly authorize any other website or hosting server to link to Content stored on Tieriun's systems. At least 75% of any Content stored on Tieriun's systems must have HTML, PHP, or similar files associated with the Service and that link to the Content stored on that Service.
Tieriun will remain the sole owner of all IP network addresses within the Tieriun network. You are not permitted to modify any TCP/IP settings that conflict with or disrupt network service by using settings not assigned to you by Tieriun. We will do our best to maintain the permanence of any assigned IP address; however, we reserve the right to change your underlying IP network address for any reason (including, but not limited to, updates, security provisioning, or other network migration service), or for no reason at all, without prior notice. Any request for additional IP address allocation may be subject to justification. Justification requirements are subject to change. We reserve the right to refuse any request for an additional IP address(es) based on insufficient justification or current IP address usage.
If we detect repeated failed login attempts, we may, without obligation of any kind, block network access from the source of those failed attempts, and you will need to contact us to resolve it.
“MySQL Resource Utilization” refers to the amount of Tieriun's MySQL server resources for use by the application and MySQL code that the Customer runs within any Service. MySQL Server does not provide a function to measure individual resource utilization in a shared resource environment.
Acceptance of the Plesk End User License Agreement is required for the use of Plesk Panel.
Cloud Services Projects include only the services specified in the associated statement of work ("SOW"). Any change requests that exceed the Services set forth in any Cloud Services SOW will be evaluated and billed separately.
The Customer must, within 30 days of the completion of any Cloud Services Project, notify Tieriun if there are any issues with the delivered project. Tieriun is not responsible for and will not provide assistance with any issues that arise beyond 30 days of any project.
The Customer must ensure that Tieriun has access to the necessary computing platforms, documentation, and personnel (i.e., end users and technical representatives).
We reserve the right to charge or refund all non-recurring fees as set forth in our proposal for any Cloud Services Project.

6. Billing

A. General Billing

We offer three billing term options (each defined as a "Billing Term"): monthly prepaid, semi-annual prepaid, and annual prepaid. If you opt for annual billing terms, we will generally bill you the base fee for the Service once a year. You may request to change the billing term of a hosting Service from annual to monthly (and vice versa) by sending us a Support Request. Your request must include: (i) the new desired Billing Term; (ii) the Service that will be affected by the change in the billing term; (iii) the desired effective date of the change; and (iv) your acknowledgment that there may be a change in the renewal fees due for the hosting Service as a result of the change.
We may require you to provide additional documentation to validate the purchase if, in our judgment, your purchase constitutes a high-risk transaction.
All fees are due before the applicable term. The day you register in our system is considered the official anniversary day of all Services ("Billing Date"). For example, if you registered on January 1, 2022, depending on the billing term you selected, your Billing Date would occur on January 1 of each year or the first day of each month. The billing date of a service cannot be changed.
All money is paid to Tieriun only in United States Dollars ("USD"). We may refuse or convert to USD any payment that is not in USD, at our sole discretion, using the exchange rate in effect at the time of conversion used by our payment processor.
Tieriun accepts the following payment methods (each defined as a "Payment Method"): Visa, MasterCard, American Express, Discover Card, Diners Club, and JCB. The Payment Method you specify first will be set as the Payment Method for the Account, unless you change it in the Control Center™. We will not honor any limitation, modification, or condition annotation you make with your Payment Method.
You are responsible for ensuring that the Payment Method on file is up-to-date at all times and that the Account balance is kept current. If the Account's Payment Method is a credit or debit card, Tieriun and/or our payment processor may store the credit or debit card in a database for future renewals. We may attempt to automatically collect payment from such Payment Method, without prior notice, when a balance is due.
If payment is not available on the registered Payment Method (i.e., the financial institution rejects our attempt to collect payment from the credit or debit card), at our sole discretion and without prior notice, we may continue to attempt to obtain payment from your Payment Method. If during our attempts any of the Services in the Account fall into a past due state as a result of our inability to collect payment from your Payment Method, the Account may be suspended or closed for non-payment. In no event shall Tieriun be liable for any action we may take against you (such as suspending or closing your Account and deleting your Content), as a result of our inability to collect payment from your Payment Method. Any Communication we may send you regarding our inability to collect payment from your Payment Method is sent as a courtesy only.
The Account is considered past due if Tieriun does not receive payment within 5 days of the Billing Date. The Account may be suspended, without prior notice, if the Account remains past due more than 5 days from the Billing Date. To reinstate the Account, Tieriun must receive full payment of any balance. If full payment of the past due balance is not received within 5 days of any Billing Date, the Account may be closed for non-payment, without prior notice.
Starting on the 6th day after the invoice due date, a Late Payment Fee equivalent to 15% of the total invoice will be automatically applied.
In the Billing/My Invoices section of the Account's Control Center™, you can retrieve statements. Billing summaries are available on the Billing Date.
In the event a billing dispute arises, whether brought by you or Tieriun, the dispute must be delivered in writing to the other party within 30 days of the disputed transaction.
If we receive a request to remove a Payment Method from the Account, from a person or party other than the Account Owner or an authorized Account Contact, upon receipt of sufficient documentation confirming that the person making the request is the cardholder, we may, without prior notice, remove the Payment Method and refund some or all of the unauthorized charges collected from the Payment Method on behalf of the Account. Refunds issued in connection with such a request will result in the Account becoming immediately past due and the refunded amounts will be reassessed to the Account. To avoid a service interruption, you must remit, within 72 hours of our notification, payment of the balance due and any related fees. If you fail to do so, the Account will be suspended or closed for non-payment.
Auto-renewal, unless otherwise stated, Tieriun Services automatically renew for a renewal period equal to the most recent Service period, except for domain names which will renew for the original Service period. For example, for products other than domains, if your last service period is one year, your renewal period will be one year. The details of the auto-renewal option vary from service to service. The only way to disable this auto-renewal is to cancel the service in the Account's Control Center™.

B. Credits and Refunds

Installation fees, domain name registration and renewal fees, domain name redemption fees, handling fees, the cost of service add-ons, overage fees, fees for any of the Services defined herein, and any penalty fees assessed by Tieriun (e.g., chargeback fees or any other fees charged to Tieriun in connection with collecting payment) are completely NON-REFUNDABLE. Furthermore, no refund will be issued for any Account closed pursuant to Section (8)(B)(1) of this Agreement.
Credit issued to the Account ("credit") by Tieriun cannot be redeemed for cash and is non-transferable. The issuance of credit is solely at Tieriun's discretion.
Discount and coupon codes are applicable only to the Service to which they are validly applied. Discount and coupon codes are valid only for the initial purchase and will not affect the renewal or recurring price of any Service, unless a recurring discount is specifically referenced in the coupon or promotion and only to the extent set forth in that coupon or promotion. Discounts offered after you have purchased or agreed to purchase the Service are not applicable. Upon any downgrade, upgrade, or closure of the Service to which the discount or coupon code was applied, the discount offered in connection with such discount or coupon code is considered null and void. Coupon and discount codes have no cash value and cannot be transferred or used for subsequent purchases, downgrades, upgrades, or modifications of any Service. Misuse of the coupon or discount code is not permitted and may result in the suspension or closure of the Account or the retroactive adjustment of related charges. Tieriun reserves the right to discontinue any discount code or promotion at any time, without prior notice.
No credits or refunds will be issued for non-use of the Service or cancellation of the month-to-month Service after the Billing Date.

C. Fees

You agree to pay all prices and fees due for the Services purchased or obtained on this Website at the time you order the Services. We expressly reserve the right to change our fees and prices at any time. Furthermore, we reserve the right to adjust the amount of resources granted to plans at any time. In the event of any change in price, fee, or resource allocation, a notice will be posted online on this Website and will take effect immediately, without the need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees will become effective when the renewal of the Services in question is due.
You agree to pay, in full, the amount of recurring fees or non-recurring one-time setup fees listed in the Service description, for each service or product before the provision of the Service, equipment purchased or installed by Tieriun whenever such fees are due. The service description for each service or product we offer is located on this Website on the web page for each service or product.
A NON-REFUNDABLE handling fee of US$25.00 will be charged once Tieriun approves any request for transfer of Account ownership. This charge is in addition to any outstanding balance on the Account. Such amount must be paid before we complete the processing of the transfer of Account ownership.
Overage charges are NON-REFUNDABLE and must be paid immediately.
You agree that Tieriun will not be responsible for costs or expenses you may incur, including, but not limited to, overdraft charges and insufficient funds that you may incur from any financial institution or other third party, as a result of our attempts to collect payment from your payment method. As a result of our billing actions, you agree to assume full responsibility for any third-party costs or expenses you may incur.
If you submit an emergency restoration request, and we successfully recover some or all of the requested Content from our own backup storage, the applicable NON-REFUNDABLE restoration fee at that time will be assessed and charged to your Payment Method. We may retain any recovered Content if we are unable to immediately collect this fee from your Payment Method, until we receive full payment of the restoration fee.
The applicable Movo™ fee at that time, per Movo™ order, will be assessed and charged to the Payment Method on file for the Account before we provide the Movo™ Service. Once we have initiated the processing of any Movo™ order, such order cannot be canceled and the fees paid in connection with the order are NON-REFUNDABLE.
At our sole discretion, we may consider expediting the review and processing of a Work Order. In the exceptional cases where we do so, we will apply a NON-REFUNDABLE rush fee, in addition to the full cost of the work order.
All domain registration renewal fees are NON-REFUNDABLE. The domain registration renewal fee is due thirty (30) days before the expiration of the domain registration. For example, if the domain registration expires on 05/01/2022, you must pay the domain registration renewal fee by 04/01/2022 to avoid losing ownership of the domain.
If Tieriun is the registered Registrar Service Provider for a domain name that has expired, we may recover the expired domain name for you, if you act within the Redemption Grace Period. Before we attempt to recover any expired domain name registration, a NON-REFUNDABLE fee of US$300.00 must be paid.
You are responsible for paying any charges incurred by Tieriun in connection with our efforts to collect payment from you. We will re-assess any related charges to the Account and suspend the Account until full payment of the outstanding balance has been received. We may also attempt to collect payment for the outstanding amount due (including all associated fees) from any alternative Payment Method on file for the Account.
Regardless of the reason a financial institution retracts a credit or debit payment, a NON-REFUNDABLE chargeback fee of US$20.00 will be charged to the Account for each chargeback we receive. This charge is in addition to any money owed on the Account and any charges collected by the financial institution. Upon receipt of any chargeback, we will immediately re-assess the related charges and suspend the Account and all Services, until such time as you have fully complied with the instructions set forth in our notice regarding the chargeback. We may refuse to allow you payments by credit or debit card, or automatic payments in the future. Once we receive any third chargeback, we will immediately close the Account, without prior notice; we may also attempt to collect payment for the outstanding amount due (including all associated fees) from any alternative Payment Method on file for the Account.

7. Notices and Communications

A. Method of Communications

You agree to receive electronic communications (email) from Tieriun regarding your use of the Service and regarding Tieriun's product and service offerings ("Communications"). Communications may be those that Tieriun must send you by law in connection with the Services ("Required Communications"), as well as those that Tieriun sends you for other reasons. We may provide you with these Communications by sending an email to the email address you provided in connection with the Account, or by posting the Communications on our Website. You may change the email, postal address, or phone number that Tieriun has on file for the Account through the Control Center™. You may modify email Communications preferences through your Control Center™.

Tieriun is not responsible for and will not be liable for any late, lost, misdirected, intercepted, unsuccessful, or failed attempt to send any Communication or Required Communication to you or any other person or party.

B. Common Courtesy

To avoid service interruption and possible Account closure, you must act in accordance with the terms of any of the Communications or Required Communications we send you, within the timeframe specified in such Communications. If we make three or more attempts to contact you regarding any matter that requires your attention or action, and we do not receive a response from you within 24 hours of any third attempt, we may suspend or close the Account without prior notice. Notwithstanding this, we may suspend or close the Account if you do not respond to any Communication or Required Communication sent to you by our Abuse Department within 48 hours of such Communication.
As a courtesy, we may store a copy of certain communications and required communications within the Control Center™ in the “Support/My Tickets" area. In no event should you rely on the Communications or Required Communication appearing there. You are responsible for checking Support Requests periodically to ensure there are no issues that require your immediate attention or action.

8. Term and Termination

A. Your Right to Close Your Account

You can close your Account. However, as long as the Account is open, everything in this Agreement applies and certain terms continue, even after the Account is closed.

This Agreement will be effective as long as our records indicate that the Account is open, regardless of whether you or any other person or group is using the Service or not. This Agreement and all Service in the Account will automatically renew and you will be charged for additional terms equal to the previous term until you or Tieriun close the Account in accordance with this Agreement. You may close the Account or any of the Services at any time by submitting a Closure Request through the Control Center™. The Control Center™ is the sole means by which you can submit a Request to Close the Account or a Service. All fees due up to the date of closure are completely NON-REFUNDABLE. The terms set forth herein that govern the Account, the payment of fees for the Service, the resolution of any dispute between us, and other similar terms that survive by nature, continue to apply even after you close the Account.
With the exception of closure by Tieriun pursuant to this Agreement, the Account Owner is the only person authorized to close the Account or any of the Services associated with it. Account Contacts, or other third parties, cannot close the Account or any of the Services associated with it.
If you want your Service or Account to be closed before your next billing date, you will need to send us a Support Request to ask us to ignore the scheduled closing date in favor of a more desirable closing date. To be considered valid, your Support Request must also contain your unequivocal acknowledgment that you are aware that all Content associated with any closed Service or Account will be deleted upon closure and we will not have backups of the Content. We may refuse to process any request to expedite closure if the request does not include this acknowledgment explicitly and unequivocally. Requests are processed in the order they are received and may take 24-48 business hours to process.

B. Our Right to Close Your Account

Tieriun reserves the right, at its sole discretion, to close your Account, without prior notice, for one or all of the following reasons:

if you or any of your Account Contacts, whether intentionally or unintentionally, violate any section of this Agreement, any supplemental rules and guidelines, any of the terms and conditions of the respective service providers, or any right of Tieriun;
if we receive notification that you, or your company, will be or are subject to insolvency proceedings;
upon receipt of any third-party chargeback associated with any Payment Method offered as payment on the Account;
if we do not receive a written response from you within 48 hours of any notification sent to you by our Abuse Department;
if, in our judgment, your use of the Service has the potential to cause any harm to Tieriun, any of our affiliates, partners, service providers, or customers;
if the Account becomes past due and is not paid within twenty days of becoming past due;
if a hacked script or compromised Website is discovered on our systems in the Service you use;
if our systems detect an unusual increase in resource usage, resulting in an Account that far exceeds the allocated resources;
if you do not resolve any suspension of the Account or any individual Service, to our satisfaction and within the timeframe we specify; or
if, in our judgment, we have received too many complaints about your Content. In the event the Account is closed, you will not be eligible for a refund of any fees and may be prohibited from reopening the Account, opening a new Account, or accessing any service at Tieriun. You agree that Tieriun will not be liable, in any way, for any closure of the Account pursuant to this section of this Agreement.

C. Effects of Closure and Suspension

Upon any closure of the Account:

this Agreement, as well as all rights granted under this Agreement, will cease immediately (except those that expressly survive or that by their nature would survive);
all access to the Service and Account will cease immediately;
you will be billed, and we may attempt to automatically collect from your Payment Method, any outstanding amount due; and
all Content will be deleted from our servers and backup systems, and we may not have or retain a backup copy of the Content. We recommend that you run backups on a regular basis. In addition, we also recommend that you ensure you have recovered all Content and made all necessary backups before submitting any Request to close the Account or any of the Services. You agree to hold Tieriun harmless from and against any claims, losses, or damages arising from the closure of the Account. Any and all sections of this Agreement that impose obligations that are continuing in nature will survive closure or will continue in full force and effect, even after the closure of the account. You are not permitted to access the Account, or any of the Services formerly associated with the Account, after any closure.

Upon any closure of an individual service:

all access to the Service will cease immediately;
you will be billed, and we may attempt to automatically collect from your Payment Method, any outstanding amount due for the service; and
all Content will be deleted from our servers and backup systems and we may not have or retain a backup copy of the Content. We recommend that you run backups on a regular basis. In addition, we also recommend that you ensure you have recovered all Content and made all necessary backups before submitting any Request to close a Service. You agree to hold Tieriun harmless from and against any claims, losses, or damages arising from the closure of any Service. Any and all sections of this Agreement that impose obligations that are continuing in nature will survive closure or will continue in full force and effect, even after the termination of this Agreement. You are not permitted to access any closed Service after the closure of the Service.

Upon any suspension of the Account, all Service associated with the Account will be suspended or become inaccessible until you resolve all issues, to our satisfaction and within the specified timeframe. During any suspension of the Account or any individual Service, you will not be allowed to:

add, upgrade, downgrade, or modify any of the Services;
request an emergency restore;
transfer any Service, including, but not limited to, domain name registrations;
access any of the websites, email accounts, or Content associated with the suspended Service or account. You agree to hold Tieriun harmless from any claims, losses, or damages arising from any suspension of the Account or the Service.

D. Reopening a Service or Account

Once closed, most of the Service may not be able to be reopened; you will need to place a new order and arrange for a new Service. The only service that can be reopened is a current domain name registration, if the Account is open and in good standing. To reopen a domain name registration that has not expired, simply send us a Support Request asking us to reopen the domain name registration.
The Account Owner is the only person authorized to reopen the Account. To reopen the Account, the Account Owner must open a ticket in our Support System. Any unpaid or otherwise outstanding balance must be paid before we complete any reopening. Reopening an Account does not mean that we are willing or able to restore your Content.

9. Domain Name Registration Service

A. General Information
1. You can register, through our Website, any available .com, .org, .net, .info, .biz domain name ("Accepted TLDs"). Tieriun can accept transfers only for Accepted TLDs. Any other TLD ("Unaccepted TLD") is not allowed. You can host on our systems any Accepted TLD that you own or have control over. Tieriun does not represent or warrant that it has the necessary certifications or authorizations to host Unaccepted TLDs.
2. You are responsible for carefully reviewing your order for any domain name before submitting the order on our Website. Once your domain name order is submitted, the order is NON-REFUNDABLE. Renewal fees are also NON-REFUNDABLE. New customers may receive a discounted fee for their first domain name registration when activating the new Service. If the newly activated Service is later closed (for any reason) and you wish to keep only the domain name registration, you will have to pay the full recurring price for that individual domain name registration.
3. We offer the domain name registration and renewal service through third-party providers, Enom LLC ("Registrar"). When you renew a domain name through our systems, you agree to be bound by both this Agreement and the Enom Registration Agreement ("Exhibit A"). Exhibit A can be viewed here. Tieriun will appear in the Registry as the Registrar Service Provider. In no event may you or any other person or group remove or hide Tieriun as Enom's contact information from the domain name registration.
4. The rules of the Uniform Domain-Name Dispute-Resolution Policy ("UDRP") govern all domain name disputes. When you register or transfer a domain name to our systems, you agree to be bound by the terms of said Policy (UDRP), which can be viewed here. It is our policy to adhere to any rules issued by ICANN. If we receive notice that a UDRP complaint has been filed against you for the use of the domain name, by the World Intellectual Property Organization (WIPO) or a federal state of the US, you will not be able to make changes to the domain registration data until we are ordered to allow you to do so, or receive confirmation that the dispute has been resolved. You acknowledge that if your use of the domain name is challenged by a third party, you will submit, without prejudice, to any rule or order issued by ICANN or any administrative body, such as WIPO.
5. If we receive a request from a person or group ("the requesting party") claiming to be the Registrant of a domain name associated with the Account, and if such person seeks to remove or disassociate the domain name registration or DNS zone file from the Account, upon receipt of what we consider sufficient proof that the requesting party is the Registrant of the domain name, we will remove or unlink the domain name registration with immediate effect and without prior notice and/or the DNS zone file from the Account. We will send you a notice immediately after any such action.
B. Transfer of Domains
1. When you initiate the transfer of any domain name to Tieriun, you represent and warrant that you are listed as the Registrant or administrative contact for the domain name in the WHOIS database. For instructions on how to transfer a domain name to Tieriun, click here. By initiating the transfer of the domain name to Tieriun, you will have to pay Tieriun the first year's registration fee. Domain name transfers to Tieriun generally take five business days to complete, unless your current registrar rejects the request. It is your responsibility to timely address any issues that may arise regarding the transfer of any domain name to Tieriun to complete the transfer. Once the transfer of a domain name to Tieriun is complete, and Tieriun becomes the new Registrar Service Provider for the domain name, you will not be able to transfer the domain name to another registrar for at least sixty days, unless you agree to a decision or rule issued to Tieriun by ICANN, the governing body for domain names. By transferring or attempting to transfer any domain name to Tieriun's systems, you reaffirm your unconditional acceptance of all terms of this Agreement.
2. For instructions on how to transfer a domain name from Tieriun, click here. The time required to complete domain name transfers from Tieriun to another registrar varies due to different factors. It is your responsibility to timely address any issues that may arise regarding the transfer of any domain name from Tieriun to complete the transfer. We reserve the right to completely reject any request to transfer a domain name from Tieriun received while the Account is past due or not in good standing.
C. Domain Registration Management

When you register a domain name through our Website, or transfer a domain name to our systems, by default, domain privacy will be disabled/off and the account owner's registration data may be used to complete the contact, administrative, technical, and billing data of the registrant (the "Registration Data") for the domain name. The default information we use for the Registration Data may not necessarily reflect the desired information and it is your sole responsibility to update the Registration Data when necessary. Your deliberate provision of inaccurate or unreliable information, your failure to keep the domain Registration Data current, or any failure to respond to inquiries from us addressed to the email address of the Owner, Administrative, Billing, or Technical contact, will constitute a material breach of this Agreement and will be grounds for cancellation of the domain name. If you need to verify or change the domain Registration Data, log in to the Control Center™ and follow these steps. Tieriun is not responsible for expired registration due to outdated registration data, payment failure, or any other issue. Any reminder notices we may send you for domain name renewal are sent as a courtesy only. It is your responsibility to ensure that your domain name registration is up to date. Tieriun is not responsible for you failing to renew a domain name or for failing to remind you to renew a domain name.
Domain Privacy: If you wish to keep private, or prevent your personal information from appearing in the Registry, you can do so at the time you place your order or transfer the domain name to our systems; otherwise, you will need to log in to the Control Center™ to enable domain privacy later. When domain privacy is enabled, Tieriun will use the contact information of a third party to complete the Registration Data. As with all DNS changes, changes to domain privacy must propagate. There may be a period where, even after enabling domain privacy, the previous Registration Data is still visible to the public. You must wait until DNS completes propagation before the changes take effect. Remember, we are obligated to provide your information in case we are legally required to do so, regardless of whether you have enabled domain privacy or not. Tieriun's private Domain registration is done by Enom LLC.
You are solely responsible for ensuring that all domain name registration payments are paid when due. If you do not pay the domain name registration fees when due, your domain name registration will expire and Tieriun will suspend it, and you will lose ownership of the domain name if you do not take action to renew it. Once a domain name registration has expired, the domain name (including, but not limited to, the website, email, and other services associated with the domain name) will be completely inaccessible until it is renewed or re-registered. Typically, when a domain name registration expires, it enters a post-expiration grace period commonly known as the "Grace Period". The Grace Period lasts up to thirty days from the expiration date, and during that time, it is likely that the domain name registration status will be displayed as "Grace Period" or "Pending Deletion" in the WHOIS database. Only during the Grace Period is it possible for the last known Registrant (according to the records of the Registrar or Registration Service Provider) to re-register the domain name. If you wish to renew an expired domain name registration that is within the Grace Period and Tieriun is the registered Registration Service Provider for that domain name, you must contact us during the Grace Period, pay a NON-REFUNDABLE fee, and complete any other necessary requirements indicated by Tieriun at the time of your request to complete the renewal. Please note that it typically takes 7-10 business days to update the domain registration once it has been redeemed. Once the Grace Period expires, the domain name will enter a 5-day "Pending Deletion" phase, and during that time, no one (including Tieriun) will be able to renew, re-register, redeem, or otherwise obtain ownership of the domain name. At that point there is nothing we can do to help you recover your domain name. After the "Pending Deletion" phase, the domain name will be deleted from the registry and released back into the public pool of available domain names.
Upon expiration of any domain name registration for which Tieriun is the registration service provider, Tieriun may direct the domain name to an IP address designated by Tieriun, which may contain a temporary page (“Parked Page”), which may include advertisements, promotions, links and other content designated by a third party or Tieriun, including, but not limited to, content promoting the Service. 100% of all revenue generated, or other economic or non-economic benefits received from such Parked Page, belong solely to Tieriun and, if applicable, a third party designated by Tieriun. Tieriun reserves the right, in its sole and absolute discretion, to modify or disable the content and/or appearance of any Parked Page at any time, for any reason or no reason, and without prior notice.
Any domain name for which Tieriun is the Registration Service Provider, and which does not resolve to an active Website or otherwise contains a "parked" record, may be directed to a Parked Page which may include advertisements, promotions, links, and other content designated by a third party or Tieriun, including, but not limited to, content that promotes the Service. 100% of all revenue generated, or other economic or non-economic benefits received from such a Parked Page, belongs solely to Tieriun and, where applicable, to a third party designated by Tieriun. Tieriun reserves the right, in its sole and absolute discretion, to modify or disable the content and/or the appearance of any Parked Page at any time, for any reason or no reason, and without prior notice.

10. Products and Services

A. Description of Products
1. Mesh™. Shared hosting plans place your site on one or more servers. Resources are shared among many customers on the same servers.
2. Mesh™ for WordPress. WordPress managed hosting plans provide you with an optimized experience for building and managing WordPress sites. We handle basic administrative hosting tasks, including WordPress installation, WordPress core updates, and server-level caching.
3. Mesh™ for eCommerce. WordPress managed hosting plans provide you with an optimized experience for building and managing WordPress sites. We handle basic administrative hosting tasks, including WordPress installation, WordPress core updates, and server-level caching.
4. Mesh™ for Apps. Shared hosting plans place your application on one or more servers. Resources are shared among many customers on the same servers.
5. Astro™. These hosting plans place your site on a shared server with other customers, but you will have full control over your server space and the complete configuration of your virtual instance on the server. You will have administrator (root) access and a dedicated IP address.
6. Astro™ for Agencies. These hosting plans place your site on a shared server with other customers, but you will have full control over your server space and the complete configuration of your virtual instance on the server. You will have a dedicated IP address and a Plesk control panel.
7. Astro™ for Enterprise. These hosting plans place your site on a shared server with other customers, but you will have full control over your server space and the complete configuration of your virtual instance on the server. You will have administrator (root) access and a dedicated IP address.
B. Termination of Account; Limitations
1. Migration of Servers. You acknowledge and agree that as a normal course of business, it may be necessary for us to migrate our servers. As a result, even if you have a dedicated IP, you may be assigned a different IP number. We do not guarantee that you will be able to consistently maintain your given IP numbers.
2. Termination of Services. You acknowledge and agree that upon expiration or termination of your Services, you must discontinue use of the Services and relinquish use of the IP addresses and server names assigned to you in connection with the Services, including pointing the domain name system ("DNS") for your domain name(s) away from our servers. You are responsible for moving your website or server content off our servers prior to termination of the Services. We will not FTP your website or server content to another provider. If you fail to move your website or server content off our servers prior to cancellation, all such content will be deleted and we will not be able to provide a copy of such content.
3. Notice Regarding Licensed Images upon Migration or Export. Subject to all other terms and conditions of the applicable licenses, the images available and licensed for use are intended solely for customers hosted by Tieriun and are subject to the terms and conditions of third-party intellectual property rights and the respective license restrictions. To the extent you wish to export or migrate your hosted product or service to another service provider (if the option is available), it is exclusively your responsibility to ensure your continued right to use the images incorporated therein, and you acknowledge and agree that Tieriun does not warrant and will not be liable for any claim resulting from your continued use after migration and/or termination (whichever occurs first).
4. Storage Capacity. The total amount of usable storage capacity for your particular hosting service may differ from the represented capacity, as space is required for operating systems, system files, and other support files.
C. Your Obligations; Representations and Warranties

Justification. You acknowledge and agree that we shall have the right to seek justification in connection with your use of the Hosting Services, specifically your purchase of IP addresses, and you shall be obligated to provide any and all information we reasonably seek pursuant to such justification. In connection with such purchase, you acknowledge and agree that your name and justification may be disclosed to certain registries including, without limitation, the American Registry for Internet Numbers (“ARIN”), in accordance with policies promulgated by any and all such registries, and that such information may be publicly displayed in the WHOIS database.
Abusive Activities and Other Threats. You acknowledge and agree that you may not use our servers and your website as a source, intermediary, reply-to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities that threaten the stability of our network or damage systems or cause an interruption of internet services for Tieriun, our customers, or third parties. Server hacking or other perpetration of security breaches is prohibited and we reserve the right to remove sites that contain information about hacking or links to such information. The use of your website as an anonymous gateway is prohibited. We prohibit the use of software or scripts running on our servers that cause the server to load beyond a reasonable level, as determined by us. You agree that we reserve the right to remove your website temporarily or permanently from our servers if you are in violation of this Service Agreement and/or there are activities that threaten the stability of our network. You acknowledge and agree that all websites associated with your hosting account may be removed if one website is in violation of this Service Agreement. You further acknowledge and agree that Tieriun reserves the right to scan your hosted account for malicious content (e.g., malware) and that, in the event any such content is discovered, it may be removed in Tieriun’s discretion for security reasons.
Storage and Security. You shall be solely responsible for taking measures to: (1) prevent any loss or damage to your website or server content; (2) maintain independent archival and backup copies of your website or server content; and (3) ensure the security, confidentiality and integrity of all your website or server content transmitted through or stored on our servers. Our servers are not an archive and we shall have no liability to you or any other person for loss, damage or destruction of any of your content. The Hosting Services are not intended to provide a PCI (Payment Card Industry) or HIPAA (Health Insurance Portability and Accountability Act) compliant environment and therefore should not be used or considered as such. You shall not use the Service in any way, in our sole discretion, that shall impair the functioning or operation of our services or equipment. As a non-limiting example, you shall not use the Hosting Services as: (1) a repository or instrument for placing or storing files; and/or (2) placing or storing material that can be downloaded through other websites. You acknowledge and agree that we have the right to carry out a forensic examination in the event your server or account is compromised.
Website/Server Content. You shall be solely responsible for providing, updating, uploading and maintaining your website or server and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your website or server including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. You acknowledge and agree that in the course of providing you with technical assistance, it may be necessary for our support staff to modify, alter or remove the content of your hosted product. Your website or server content shall also include any registered domain names provided by you or registered on your behalf in connection with the Hosting Services.
If access to a third-party hosting website is required for the provision of any Service, you represent and warrant that you are authorized to provide us with access to the third-party hosting account for the purposes of this Service Agreement. You agree that you retain exclusive contractual responsibility and any other legal or fiduciary liability related to your third-party hosting account. If you request that we install any Third-Party Software (defined below) not provided as part of the Hosting Services, you represent and warrant that (1) you have the right to use and install the Third-Party Software, (2) you have paid the applicable license fees for the Third-Party Software, and (3) the Third-Party Software does not and shall not infringe on the intellectual property rights of any other person or entity.

D. Storage and Other Plan Limits

All Mesh™ for WordPress and Mesh™ for eCommerce plans are subject to a limit of WordPress installations as specified by their respective plans. Customers may purchase additional WordPress installations at the then-current list price. Plans are also limited to no more than 1000 tables per database and no more than one gigabyte of storage per database. Any account or database exceeding these limits may be issued a network violation warning and will be required to reduce the number of files and folders, tables or gigabytes (as the case may be), or may be temporarily or permanently suspended, in Tieriun's sole discretion. WordPress Managed Hosting plans are subject to the following limitations: no more than a) 25% of one CPU core; b) 512MB of RAM; c) 100 website connections; d) 100 active processes; e) 1MB/s disk I/O. In the event these limitations are exceeded, your site may slow down or fail to serve.
Your website must not include any of the following content: (1) image hosting scripts that allow an anonymous user to upload an image for display on another website (similar to Photobucket or Tinypic); (2) banner ad services for display on other websites or devices (commercial banner ad rotation); (3) file dump/mirror scripts that allow an anonymous user to upload a file for another to download (similar to RapidShare); (4) commercial audio streaming (more than one or two streams); (5) push button mail scripts that allow the user to specify recipient email addresses; (6) anonymous or bulk SMS gateways; (7) backups of content from another computer or website; (8) BitTorrent trackers; or (9) any script that causes a degradation in the performance of our server or network environment.
WordPress hosting plans are designed to host most personal, small business, and organization websites and, as such, we offer unmetered bandwidth and variable disk space depending on your plan. This means we do not set a limit on the amount of bandwidth, but for WordPress managed hosting we may limit the disk space you can use in the operation of your website, provided you comply with this Agreement. In the event the bandwidth or disk space usage of your website presents a risk to the stability, performance or uptime of our servers, data storage, networking or other infrastructure, you may be required to upgrade to a higher VPS or dedicated server plan, or we may take action to restrict the resources your website is utilizing. We offer unlimited pageviews per domain, but if your number of pageviews routinely approaches 1 million per month, we may review your account and require you to purchase a higher plan in the interest of Tieriun's resource optimization.

E. Service Uptime Guarantee

We offer a 99.9% service uptime guarantee ("Service Uptime Guarantee") of available time per month. If we fail to maintain this Service Uptime Guarantee in a particular month (as determined solely by us), you may contact us and request a credit of 5% of your monthly hosting fee for that month. The credit may be used only for the purchase of further products and services from us, and is exclusive of any applicable taxes. The Service Uptime Guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you from custom scripting, coding or the installation of third-party applications; (3) outages that do not affect the appearance of your website but merely affect access to your website such as FTP and email; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.

F. Third-Party Software

"Third-Party Software" means any software or application developed and owned by a third-party vendor with whom we may contract from time to time.

Operating Software. Whenever you commission a server, we will provision it with a suitable operating system.

Tieriun reserves the right to modify, change, or discontinue any Third-Party Software at any time. You agree to cooperate in performing such steps as may be necessary to install any updates to the Third-Party Software. The Third-Party Software is not sold or distributed to you, and you may use the Third-Party Software solely as part of the Hosting Services. You may not use the Third-Party Software outside of the Hosting Services. We may provide your personal information to third-party vendors as required to provide the Third-Party Software. You acknowledge and agree that your use of the Third-Party Software is subject to our agreement(s) with the third-party vendors. In addition, if the Third-Party Software is accompanied by or requires consent to a service or license agreement from the third-party vendor, your use of the Third-Party Software is subject to such service or license agreement. You may not download, install, or use any Third-Party Software that is accompanied by or requires consent to a service or license agreement from a third-party vendor unless you first agree to the terms and conditions of such service or license agreement. You may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Third-Party Software. You may not reverse engineer, decompile, or disassemble the Third-Party Software, except and only to the extent that such activity is expressly permitted by applicable law. You acknowledge and agree that the third-party vendors (and their affiliates and suppliers) make no representations or warranties about any Third-Party Software offered in connection with the Hosting Services, and expressly disclaim any liability or damages (whether direct, indirect, or consequential) arising from the use of the Third-Party Software. You acknowledge and agree that any Third-Party Software will be supported by us and not by the third-party vendors (or their affiliates or suppliers).

G. Description of Services

1. Movo™

We offer, for a fee, a website migration service ("Movo") that is currently available for most PHP and HTML-based websites being migrated to, from, or between Tieriun's hosting Service. Each "Movo" order covers the migration of a single website with its single database (a "Web Application") and is generally, though not always, managed by a dedicated specialist. The amount of time it takes us to complete the migration largely depends on whether you have fulfilled your obligations prior to the migration and how much content is being moved and where. We cannot offer any guarantees regarding the availability, possibility, or amount of time required to complete any "Movo" order.
The "Movo" service includes only the migration of the Web Application. Exclusions apply. Once Tieriun initiates any migration, all fees paid are NON-REFUNDABLE. We reserve the right, in our sole and absolute discretion, to close any "Movo" order, at any time, for any reason or no reason, without prior notice. Notwithstanding any provision to the contrary, in the event we close any "Movo" order, we may, at our sole discretion, refund all or a portion of the "Movo" fee. Once a "Movo" order has been closed, for any reason, it cannot be reopened; a new "Movo" order will need to be placed if the desired service is requested again. The customer must, within fourteen days of any migration, notify Tieriun if there are any issues with the migration. Tieriun is not responsible for and will not provide assistance with any issues that arise beyond fourteen days of any migration.
After we receive your "Movo" order, we will contact you via a Support Request (usually within two business days) to gather any specific information we will need to migrate your website ("our notice to you"). Some of the information we will need to migrate your website includes, but is not limited to, login information, information related to your website's current configuration, etc. If we do not receive a response from you within seven days of our notice to you, we will be unable to proceed with your order and your "Movo" order will be closed.
"Movo" does NOT include assistance or migration of any of the items on the following list. Please note that this list is not exhaustive and there may be other things you need help with that we cannot do. Without limitation, you are solely responsible for addressing the migration and management of all of the following:

Email accounts (including, but not limited to, email data and content);
SSL certificates;
Design and layout changes;
Web Application updates;
DNS changes or modifications;
Domain name registration updates (including, but not limited to, unlocking the domain at the Registrar or disabling domain privacy);
Security audits;
Any Content that was created or added to the Web Application after the time Tieriun began the migration;
Any Content not related to the Web Application.

11. Content

A. Content Available for Inclusion in the Service

We are not responsible for any of the Content that you, your Account Contacts, or your users post on or through the Service. You, not Tieriun, agree to assume all responsibility and risk associated with all Content that you and your group submit, transmit, email, upload, link to, display, disseminate, facilitate access to, or otherwise make available through or for inclusion in the Service, including any reliance on the accuracy, completeness, truthfulness, suitability, legality, or usefulness of such Content. You warrant and represent that you own all legal rights or have obtained all necessary permissions to use any and all Content that you make available, use in connection with, or provide to Tieriun in connection with your use of the Service, and none of the content you make available, use in connection with, or provide to Tieriun in connection with your use of the Service infringes on any rights of any person, company, entity, or party. You are solely responsible for protecting your assets, as well as your rights to any intellectual property you provide to Tieriun, and Tieriun shall have no liability whatsoever with respect thereto.
You understand and agree that Tieriun acts solely as a common carrier in its capacity of providing the Service hereunder, is not a publisher of any material or information, and has no right to edit or censor the material on the Servers in use by the Customer (unless in compliance with any local, state, or federal law, or any section of this Agreement). Tieriun is not responsible for and does not pre-screen the content of the Customer’s website. All material submitted for publication through the Service shall be considered publicly accessible. Tieriun does not endorse or pre-screen material submitted to Tieriun for publication through the Service. Publication by Tieriun of material submitted by the Customer does not create any express or implied approval by Tieriun of such material, nor does it indicate that such material complies with the terms of this Agreement.
A Tieriun Mail account ("email") may be deactivated if it is inactive for 90 days. To keep your email account active, you must log in to your email at least once every 90 days. Once an email account has been deactivated, incoming emails will be returned to the sender and the user's access to the mailbox will be disabled unless it is reactivated through the Control Center™ within 30 days after the email deactivation. All saved data, including email, photos, and attachments, will be permanently deleted. We will not be able to recover any content that was stored in the mailbox at that time. For more information about our backup policy, please visit section (11)(A)(4) of the Terms of Service.
We do not provide backup services. We are not responsible for the Content that resides on or over the Service. In no event shall Tieriun be liable for the loss of any Content. It is your sole responsibility to maintain an adequate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, without any obligation and only as a courtesy, when a Customer submits an emergency restoration request, we may be able to restore some or all of your data that has been deleted as of a certain date and time on which we have backed up the data for our own purposes. Tieriun does not guarantee that the data you need is available. An emergency restoration is intended for the recovery of specific files and/or databases, and will NOT restore your server or website to a previous version. We may refuse any emergency restoration request, at any time, for any reason or no reason. We may refuse any emergency restoration request received during any period when the Account is overdue, suspended, closed, or under investigation for any breach of any section of this Agreement. Backups are as-is and are not intended for litigation purposes.
Any error, accident, omission, interruption, delay, error, or defect in transmission or the Service that is caused or contributed to, directly or indirectly, by an act or omission of the Customer or by the use of facilities provided by the Customer or equipment, or by the use of facilities or equipment provided by any other person using the Customer's facilities that are connected to Tieriun's facilities, shall not give rise to the imposition of any liability on Tieriun, and the Customer shall pay Tieriun all costs, reasonable expenses, damages, fees, or penalties incurred by Tieriun as a result thereof, including the costs of the local exchange company, labor, and materials.
If we receive three or more complaints, of any kind, regarding any Content hosted or displayed through your Service, we reserve the right, in our sole discretion, to close or suspend the Account and request that you permanently cease hosting any specific website or Content on our systems. If we choose not to close the Account, you will be given directives on the remedy in our Communications regarding the matter. If you do not comply with such a directive, the Account may be closed without prior or subsequent notice.

B. Digital Millennium Copyright Act (DMCA)

You may not use the Service in any way that infringes any copyright. Such infringement may include, but is not limited to, the sale of counterfeit goods, unauthorized copying of photographs, books, music, videos, or any other copyrighted work. It is our policy to promptly investigate notices of alleged copyright infringement that are provided to us in writing regarding Content hosted or displayed through our systems. Our response to such notices may include removing or disabling access to the Content or website claimed to be the subject of infringing activity, without notice and without regard to the basis or merit of the complaint (or lack thereof). Tieriun reserves the right, in its sole discretion, to close any Account for which Tieriun receives three or more copyright infringement complaints, without notice and without refund of any fees.
Any person or party wishing to file a copyright infringement claim, with respect to Content hosted or displayed through our systems, may submit a notice through our support system, or by postal mail. Any person or party requiring assistance in filing a copyright infringement claim should consult or hire an attorney or other legal professional for assistance. NOTE: any person who knowingly materially misrepresents that material is infringing, or that it was removed or blocked by mistake or misidentification, is liable for any resulting damages (including, but not limited to, costs and attorneys' fees) incurred by the alleged infringer, the copyright holder or its licensee, or the service provider.

To submit by postal mail, send to:

Tieriun, LLC
4300 Biscayne Blvd
Suite 203
Miami, FL 33137

The law requires that very specific language be present in any notice of alleged copyright infringement. As set forth in the DMCA, to be effective, a notice of copyright infringement must include all of the following:

The physical or electronic signature of the claimant;
Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the content (i.e., the specific URLs where the allegedly infringing activity is said to be taking place);
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

A counter-notification is a legal request for Tieriun to re-enable or restore access to material that is claimed to be the subject of infringing activity. The law requires that very specific language be present in any counter-notification. As set forth in the DMCA, to be effective, a counter-notification must include all of the following:

The physical or electronic signature of the alleged infringer or an agent authorized to act on behalf of the alleged infringer (such as an attorney);
Identification of the material that was removed (or to which access was disabled) and the location at which the material appeared before it was removed or access to it was disabled;
A statement, under penalty of perjury, that the alleged infringer (or their authorized agent) has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
The name, address, and telephone number of the alleged infringer (or their authorized agent), and a statement that the alleged infringer (or their authorized agent) consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the alleged infringer's (or their authorized agent's) address is outside of the United States, for any judicial district in which the service provider may be found, and that the alleged infringer (or their authorized agent) will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Upon receipt of a counter-notification of infringement that substantially complies with the counter-notification requirements set forth in the DMCA, the DMCA requires us to provide the complaining party with a complete copy of the counter-notification provided to us by the alleged infringer or his/her authorized agent. The DMCA also requires us to allow the alleged infringer to restore access to the material alleged to be the subject of the infringing activity, within a minimum of ten business days and a maximum of fourteen business days following the receipt of a compliant counter-notification, unless we first receive notice that the complaining party has filed an action seeking a court order to restrain the alleged infringer from engaging in the infringing activity. Please note that, regardless of whether or not the complaining party files an action seeking a court order to restrain the alleged infringer from engaging in infringing activity, the complaining party may still maintain the right to seek relief in a court of law. It is our policy to adhere to all court orders. Any court order issued in connection with a complaint that has been filed against the alleged infringer of which we are notified will supersede, with immediate effect, any allowances we may have made to allow the alleged infringer to re-enable or restore access to the material alleged to be the subject of infringing activity. The filing of a counter-notification of copyright infringement may result in litigation between the parties.

C. Trademark Infringement Claims

You may not use the Service in any way that infringes on the rights of any person or party. Such infringement may include, but is not limited to, the sale of counterfeit goods, unauthorized copying of photographs, logos, designs, or other legally protected works. It is our policy to promptly investigate notices of alleged trademark infringement that are provided to us in writing regarding Content hosted or displayed through our systems. Our response to such notices may include removing or disabling access to the material claimed to be the subject of the infringing activity, without notice and without regard to the content of the complaint (or lack thereof). Currently, there is no counter-notification process for trademark law. If you wish to object to the claim filed against you, you will need to take the matter up with the trademark owner in a court of law. In any case, you hold Tieriun completely harmless in all matters related to our action with respect to any trademark infringement complaint. Tieriun reserves the right, in its sole discretion, to close any Account for which Tieriun receives three or more trademark infringement complaints, without notice and without refund of any fees.
Any person or party wishing to file a trademark infringement claim with respect to Content hosted or displayed through our systems may submit a notice through our support system, or by postal mail. Any person or party requiring assistance in filing a trademark infringement claim should consult or hire an attorney or other legal professional for assistance. NOTE: any person who knowingly materially misrepresents that material is infringing, or that it was removed or blocked by mistake or misidentification, is liable for any resulting damages (including, but not limited to, costs and attorneys' fees) incurred by the alleged infringer, the trademark owner or its licensee, or the service provider.

To submit by postal mail, send to:

Tieriun, LLC
4300 Biscayne Blvd
Suite 203
Miami, FL 33137

In order for us to investigate any claim of an alleged trademark infringement, the trademark infringement notice must include, substantially, all of the following:

The trademark or service mark ("the mark") that is claimed to be the subject of the infringing activity;
The registration number of the mark;
The country of origin of the mark;
The contact information of the mark's owner, including name, address, and telephone number;
The goods or services associated with the mark;
A full description of the manner in which the complaining party believes the mark has been or is being infringed;
The precise location of the alleged infringing activity, specifically, the URLs;
A statement, under penalty of perjury, that the complaining party has a good faith belief that the use of the mark in the manner complained of is not authorized by the mark's owner, and the use of the mark in the manner complained of infringes on the rights of the mark's owner.

D. Effects of Our Actions

In some cases, when we remove or disable access to material that is allegedly the subject of infringing activity or which, in our judgment, is in breach of any section of this Agreement, that action may cause some elements or areas of your website or the service to malfunction or become unavailable. In no event shall Tieriun be liable and you are solely responsible for repairing or rectifying such an issue.
If we are not able to immediately access Content that is alleged to be the subject of infringing activity or which, in our judgment, is in breach of any section of this Agreement, or if our attempt to remove or disable access to such Content or website is unsuccessful, we may immediately suspend the website or Service on which the Content is displayed. In such an event, you will not be permitted to re-enable or restore access to the website or Service until you have complied with all of the terms set forth in our notice regarding the issue.
If any Content or website is disabled or removed, pursuant to Tieriun’s obligations as a service provider under the DMCA, or pursuant to any section of this Agreement, you are prohibited from re-enabling or restoring access to that Content or website until you are otherwise notified by Tieriun, via a support request. In any event, where the Content or website is re-enabled or otherwise restored (whether on the original Account or on a different Account), in the absence of Tieriun’s express authorization as set forth in this Agreement, the Account will be closed with immediate effect and without prior or subsequent notice.
You must immediately remove or disable access to any duplicate or derivative works of any Content or website that Tieriun may disable pursuant to any section of this Agreement, whether or not such Content has the same title, name, or label as the offending Content, is in any other format, form, size, or is in any other directory or location on our systems. If you fail to do so, you could be subject to civil liability pursuant to U.S. federal law, and could also result in the suspension or closure of the Account.

E. Tieriun's Intellectual Property

The Tieriun website, including all text, HTML, scripts, and images, is copyrighted 2022. All rights are reserved. Any replication, modification, or copying of any part of this website without the prior written consent of Tieriun is prohibited. This notice applies to site visitors, whether they are customers, non-customers, affiliates, and resellers of Tieriun. Tieriun is a trademark of Tieriun, LLC. "Tieriun", “Control Center", “Movo", and Tieriun are trademarks of Tieriun. All other trademarks are the property of their respective owners. Tieriun's trademarks may only be used with the express prior written permission of Tieriun and, in any case, may never be used to (i) promote or market competitive products or services; or (ii) disparage Tieriun, its products or services, or in any way that, in our judgment, may diminish or otherwise damage the goodwill we have established in our brands. Except as expressly stated, nothing within the Service shall be construed as granting any license under any of Tieriun's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available and used to operate Tieriun and the Service is protected by copyright, trademark, patent, or other proprietary rights of Tieriun and its affiliates, licensors, and service providers.
Except as expressly stated otherwise, you agree not to modify, alter, remove, or deface any of the trademarks, service marks, or other intellectual property made available by Tieriun in connection with the Service. You agree not to use any of the trademarks or service marks or other content accessible through Tieriun for any purpose other than the purpose for which such content is made available to customers by Tieriun. You may not use any of our trademarks as domain names.
We are constantly looking for new ways to improve the Service, our programs, and develop new products, services, and features. Any information you submit to Tieriun, including but not limited to, ideas, comments, suggestions, or prototypes ("Information"), shall immediately become the sole property of Tieriun, whereby we have the right to use the Information without restriction or compensation to the person or party who sent us the Information. Under no circumstances will the dissemination of information to Tieriun be subject to any obligation of confidentiality or expectation of compensation. By submitting Information to us, you waive any and all rights you may have to the Information.
You understand that Tieriun shall be the sole owner of all rights and interests in the Service, including, without limitation, all intellectual property rights therein. The Service is licensed, not sold under this Agreement. This Agreement grants you a temporary, non-exclusive, revocable, royalty-free license to use the Service for the period permitted by Tieriun, which is determined at our sole and absolute discretion, and which may be modified at any time, for any reason or no reason, with or without notice. You agree that you will keep the Service free of all security interests or other liens. You may not sell, lease, license, lend, or otherwise transfer or dispose of the Service and will be responsible for any loss or damage to the Service.
By agreeing to these Terms of Service, as a customer of Tieriun, you agree that Tieriun may use your individual name and/or your company name and/or logo on our website, in marketing materials, and in other advertisements to indicate that you are or at one time were a customer of Tieriun. If you are creating a website on behalf of a customer or other third party, you represent and warrant that you have permission to grant this authority on behalf of that third party. This provision shall survive the termination of this agreement or your customer relationship with Tieriun.

F. Resale and Online Stores

Resale of Space. If you are reselling space within the Service to others, or using the Service to sell or offer goods or services to any person or party ("Your Users"), please be aware that you are solely and fully responsible for Your Users. We will not provide support to Your Users. In no event shall Tieriun be liable for your users. In no event will Tieriun mediate any dispute or controversy that arises between you and Your Users or any other person or party. Your Users may not contact us directly for support of the Service. In the event we determine you are not providing adequate support to Your Users, you agree that we may terminate this Agreement and create a direct contract relationship with Your Users. We agree to provide you with at least 60 days’ notice of such determination and will include information reasonably designed to assist you in providing adequate support. If one of Your Users contacts us, we reserve the right to suspend the Account until you assume responsibility for Your Users. You are responsible for all Content stored or transmitted by Your Users and any other actions of Your Users. We will hold you responsible for any of the violations of the law, or of the terms of this Agreement by your Users. You are not permitted to state to your users or prospective customers of yours that you are Tieriun or have any relationship with Tieriun other than a user of Tieriun’s services. Without the prior written consent of Tieriun, you may not use Tieriun’s name or trademarks on your website, or use our domain names in any way. You agree to enter into a contract with your Users which contains terms which protect our interests no less than this Agreement, the Acceptable Use Policy, and the Privacy Policy. Your limitation of liabilities, warranties and privacy policy must be similar to those we include in our Agreements. You agree to make your contract available to your users before entering into a contract with them. We have no contractual relationship with Your Users. You agree to indemnify and hold us harmless from any claims Your Users make against us based upon the Service which we, or any party providing services through us, provide. This paragraph does not grant you any exclusive or territorial rights. We still have the right to enter into reseller relationships with other entities on terms which may differ from our terms with you. Other companies, including Tieriun and our other resellers, can and will compete against you. We encourage you to actively market our Service, however you must first submit any marketing materials to us for prior approval. With written approval, you are permitted to use our name, logo, and trademarks (collectively, the “Marks”) for all purposes relating to the performance of your duties hereunder, only for so long as this Agreement is in effect. The use of such Marks shall be in accordance with our policies. You will have no rights in the Marks and agree not to take any action that may jeopardize our rights in the Marks, or appropriate them for your own use or the use of others. You are not authorized to make any representations, contracts or commitments on our behalf, except to the extent specifically requested or authorized by us in writing. Your authority is specifically limited to the solicitation of prospective customer orders for the Service. You shall not make any oral or written promises or representations to any prospective customer. All orders solicited by you will be subject to our acceptance upon such terms and conditions, including pricing, that we determine in our sole discretion. You understand that you are not assured of any particular level of income, profits, or success.
Sales Practices. In the conduct of your business, you shall safeguard and promote the reputation of the Service and Tieriun’s business name. You shall refrain from all conduct which may be harmful to such reputation or to the marketing of your Service. You shall strictly refrain from all misleading or unethical business practices. You shall comply with all applicable policies and procedures, as well as applicable state and federal rules and regulations. Any violation by you of this paragraph shall constitute a material breach of this Agreement and, in addition to all remedies available to us, you shall indemnify and hold us harmless with respect to any fees, fines, penalties or liabilities imposed against us arising out of any activities made by you. The prices you charge for the Service you resell will be determined solely by you. Likewise, you are solely responsible for charging Your Users all charges related to the Service, such as applicable taxes. We may rely on and act upon information you or your Users provide us.

G. U.S. Export Laws

12. Protection of Your Data

Tieriun offers certain hosted Services available to you that may involve the processing of personal data about you, your customers and/or web users (“Customer Data”) in the course of your use of these Services. Customer Data, for the purpose of this Section, excludes any User Content, Account information and usage data.

Tieriun’s Controller to Processor Data Processing Addendum (“DPA”), which is hereby incorporated by reference and applicable to Services, is meant to provide you with contractual assurance that we have robust mechanisms to ensure the processing of Customer Data, including cross-border transfers of Customer data, will comply with applicable data protection laws.

For the purposes of the Controller to Processor DPA and the Standard Contractual Clauses attached to the DPA (when and as applicable), you are considered the data controller/data exporter, and your acceptance of the Terms of Service governing Services at the time of purchase of any Services will also be treated as your acknowledgement and acceptance of the DPA (including the Standard Contractual Clauses and its appendices, as applicable)

13. Disclaimers

A. Disclaimer of Warranties / Limitation of Liability

The service is provided “as is” and our exposure to you is limited.

Tieriun specifically disclaims any warranties, express or implied, including any warranty of merchantability, fitness for a particular purpose, or non-infringement. This includes loss of data resulting from delays, non-deliveries, wrong deliveries, and any and all service interruptions caused by the provider. The provider does not warrant that the service offered or provided is error free, defect free, virus-free, or without deficiency. In no event shall the provider be liable for any consequential, indirect, special, or incidental damages, even if the client has advised the provider of the possibility of such potential loss or damage. If the provider’s service to the client is disrupted, or malfunctions for any reason, the provider shall not be liable for loss of income due to disruption of service, beyond the fees paid by the client to the provider for service, during the period of disruption or malfunction. Your sole and exclusive remedy for defects in service is set forth in this section or in the specific service level agreement, if any, applicable to the service you are using.

Tieriun’s service is provided on an “as is” and “as available” basis. Tieriun shall not be liable for any damages you or any other person may suffer. Notwithstanding the foregoing, you agree that in no event will Tieriun be liable, to you or any other person, for any direct, incidental, punitive, or consequential damages (including, without limitation, lost profits, and damages related to the corruption or deletion of Tieriun data) which arise out of or in connection with this agreement or your use of or inability to use the service (including, without limitation, inoperability of Tieriun’s servers), regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if Tieriun has been advised of the possibility of such damages. this includes but is not limited to any loss that may occur due to any loss of web hosting service, use of web hosting service, access delays or access interruptions to Tieriun’s web hosting service system, the non-delivery or mis-delivery of data between you and Tieriun, events beyond Tieriun’s reasonable control, the non-recognition of Tieriun’s web hosting servers, the processing of your request, the processing of any modification to the record associated with your web hosting service, the failure of you or your agent to pay any fees hereunder, the protection or privacy of electronic mail or other information transferred through the internet or any other network provider or service its customers may utilize, or the application of any policy set forth herein.

In no event will Tieriun’s maximum liability exceed the total amount paid by you to Tieriun for the service for the preceding twelve months, or $500, whichever is less. To the extent applicable state law does not allow the limitation of liability for consequential or incidental damages, Tieriun’s liability is limited to the extent permitted by law.

B. Service Availability

You understand and agree that interruptions of the Service may occur due to scheduled or emergency maintenance, updates, and repairs by Tieriun, or due to strikes, riots, vandalism, fires, inclement weather, interruptions from third-party providers, cable cuts, power shortage crises, acts of terrorism, or other causes beyond Tieriun's control, as defined by standard practices in the industry. From time to time, it may be necessary for Tieriun to stop, restart, disable, reconfigure, redirect, or interrupt the Service for indeterminate and unpredictable periods of time. You agree that, under no circumstances, shall Tieriun be liable for any financial or other damages due to such interruptions. In no event shall Tieriun be liable to you or any other person or party for special, incidental, consequential, or punitive damages of any kind, including, but not limited to, refunds of fees, loss of profits, loss of revenue, or cost of replacement. Such failure or delay will not constitute a default under this Agreement.
Tieriun reserves the right to reset the password used to access a Service and Account if, in our judgment, the current password is not secure or up-to-date. We may also reset the password used to access a Service or Account in connection with any security audit required by our data centers or any other third party with whom we contract to provide the Service.
In our sole discretion, we may limit or restrict the amount of bandwidth, disk space, or storage space available to you. We may also limit or restrict the Service in accordance with new government regulations or policies that may arise, whether at a domestic or international level.
We reserve the right to refuse service. Notwithstanding the foregoing, we reserve the right to deny access to the Service to anyone, at any time, for any reason or no reason.
It may be necessary, from time to time, for us to update certain software, applications, and/or the Service without prior notice. An example of a necessary update is an update from one version of PHP to another. The updated version may not be compatible with your Content and/or website(s), and your Content and/or website(s) may cease to function as expected after the update. In most cases, we cannot restore or roll back the update. You are solely responsible for adjusting your Content and websites and ensuring compatibility with the updated version and you agree that Tieriun shall not be liable in any way for any loss or damage you or any other person or party may suffer as a result of our updating certain software, applications, and/or the Service.

C. Indemnification

The customer agrees to defend, indemnify, and hold harmless Tieriun and its partners, affiliates, directors, officers, agents, and employees from and against any claims, obligations, losses, damages, costs, liabilities, and expenses (including reasonable attorneys' fees and costs) incurred by Tieriun arising out of or due to any claim, action, dispute, or demand made by third parties (including customers of the Customer) that are related to or arise out of your use of the Service or your placement or transmission of any material or Content on Tieriun's servers. Such liabilities may include, but are not limited to: (a) claims of false advertising against the Customer (or the Customer's customers), (b) claims of liability for products or services sold by the Customer (or the Customer's customers), (c) infringement or misappropriation of intellectual property rights, (d) violation of rights of publicity or privacy, defamation, slander, obscenity, or child pornography, (e) spamming or any other offensive, harassing, or illegal conduct (including, but not limited to, any violation of our acceptable use policy, as set forth in this Agreement), or (f) any other damages arising from your equipment, your business, or your use of the Service.
Tieriun agrees to indemnify, defend, and hold harmless the Customer and its affiliates, directors, officers, agents, and employees (collectively, the "Customer Group") from and against any and all claims, obligations, losses, damages, costs, liabilities, and expenses (including reasonable attorneys' fees and costs) incurred by the Customer Group arising out of or due to any claim, action, dispute, or demand (or any member thereof) to the extent arising out of (i) any personal injury, death, or physical damage, loss, or theft of tangible personal property caused by the gross negligence or willful misconduct of Tieriun or its employees, agents, or subcontractors, or (ii) infringement of any U.S. patent, copyright, or other proprietary right resulting from the Customer's use of intellectual property solely developed or wholly owned by Tieriun and used to provide the Service; provided, however, that in addition to the foregoing indemnity, Tieriun's sole and exclusive liability with respect to this Section (13)(C)(2), and the Customer's sole and exclusive remedy with respect to this Section (13)(C)(2), is limited to Tieriun causing the Service to become non-infringing or arranging for the Customer's continued use of the Service by license or otherwise, but if either of the foregoing options is commercially impracticable for Tieriun, in Tieriun's sole discretion, upon written notice to the Customer, Tieriun may terminate the directly affected Service, refund the Customer any prepaid fees for such terminated Service, and, if applicable, adjust the Customer's ongoing monthly fees for the continuation of the Service to account for such terminated Service. Notwithstanding any provision to the contrary in this Section (13)(C)(2), Tieriun shall have no obligation to indemnify the Customer under this Section (13)(C)(2) for any infringement arising from (A) an unauthorized modification of the Service by the Customer, (B) the Customer's combination of the Service with any intellectual property not developed or owned by Tieriun if the Service would have avoided infringement but for such combination by the Customer, or (C) the Customer's failure to install updates, patches, or other similar items provided by Tieriun or the licensor of the intellectual property that is the subject of such claim.

D. Force Majeure

Tieriun shall not be liable to the Customer or any other person, firm, or entity for any failure under this Agreement if such failure is due to any cause or causes, including but not limited to, strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts, power outages, acts of terrorism, or other similar occurrences; any law, order, regulation, direction, action, or request of the United States government or any other government (including state and local governmental bodies, departments, commissions, courts, bureaus, corporations, or other government agencies of one or more of such governments) or of any civil or military authority; national emergencies, insurrections, wars; or lockouts, or strikes or other labor difficulties; failures, shortages, breaches, or delays.

14. Discontinued Services

A. End of Life Policy
Tieriun reserves the right to cease offering or providing any of the Services, or any third-party services on which our products or services rely, at any time, for any or no reason, and without prior notice. While Tieriun makes a great effort to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued or reach its End-of-Life ("EOL"). If that is the case, as of the EOL date that product or service will no longer be supported by Tieriun, in any way. Tieriun shall not be liable to you or any third party for any modification, suspension, or discontinuance of any of the products and services, or any third-party services on which our products or services are based or rely on.

B. Notice and Migration
In the event that any Service, or any third-party service on which our products or services are based, has reached or will reach EOL, it is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date, or by completely ceasing to rely on said Service before the EOL date. In either case, Tieriun will offer you a comparable Service to which you can migrate for the remainder of your purchase term, a pro-rated in-store credit, or a pro-rated refund, to be determined by Tieriun in its sole discretion. If available, Tieriun may, with or without notice, migrate you to the most up-to-date version of the Service. You agree to assume all responsibility for any loss or damage arising from such migration.

C. No Liability
Tieriun will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.

15. Miscellaneous

A. Third-Party Providers

Tieriun may subcontract the provision of certain services to third parties, and your use of products and services provided by third parties will be governed by any applicable license agreement, if any, with such third party and the third party's terms and conditions. Tieriun makes no representations or warranties, and shall not be liable for the quality, availability, timeliness, accuracy, or completeness (or lack thereof) of the information, products, or services provided by any third-party provider.
Tieriun is not the agent, trustee, representative, or fiduciary of you or any third-party provider in any transaction. Any transactions with third-party providers will be conducted by and between the visitor and the third-party provider. Any and all discounts and special offers from any third party may be subject to additional terms, restrictions, and limitations.

B. System Status

Without commitment, in an effort to be as transparent as possible, the status of our systems is available on our website here. Our system status page is provided for informational purposes only and only provides information about known system issues and maintenance that may affect the Service.
Tieriun's systems may be monitored for all lawful purposes, including but not limited to: for system administration, to facilitate protection against unauthorized access, to monitor and verify availability capacity, operational security, system integrity, and security procedures. During monitoring, information and Content may be examined, copied, recorded, and used for authorized purposes. Your use of our systems constitutes your unconditional consent to such monitoring.

C. Compliance with Law

You agree that you will use the Service offered by Tieriun in a manner consistent with all applicable local, state, and federal U.S. laws and regulations, regardless of whether you are a citizen of the United States or not. Customers found to be using our systems for illegal activities, including but not limited to, illegal access to remote systems, impersonation, credit card fraud, theft, will have their accounts closed with immediate effect, without prior or subsequent notice, and without refund of any fees. You are solely responsible for determining what laws and regulations apply to your use of the Service.
It is our policy to cooperate with law enforcement and administrative agencies, but we are not limited to turning over all your information to them. Upon lawful request from a governmental administrative or law enforcement agency, Tieriun may, without notice to you or your consent, provide the information requested by such agency to that agency.

D. Taxes

If any federal, state, or local governmental entity with taxing authority over the Service imposes a tax, fee, or charge directly on the Service Tieriun provides to you hereunder (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes), Tieriun may pass the direct amount of such tax on to you, and you shall promptly pay it.

E. Severability

The failure of either party to insist upon the performance or enforcement of any section of this Agreement shall not affect its validity or enforceability, nor shall it constitute a waiver of future enforcement of that section or of any other section of this Agreement.

F. Relationship of the Parties
The parties intend that an independent contractor relationship is created by this Agreement, and that no partnership, joint venture, employee, employer, or other additional relationship is intended. You agree not to represent yourself in any way as being sponsored by, affiliated with, endorsed by, in a partnership or venture with, or as an employee or employer of Tieriun, any of Tieriun’s affiliates or their respective service providers. In addition to the foregoing:

Nothing in this Agreement is intended to or shall be construed to create any obligation of exclusivity between you and Tieriun. Nothing in this Agreement is intended to or shall be construed as a limitation or restriction of Tieriun’s right, liberty, and/or ability to enter into other and different relationships with other persons, firms, entities, and parties, and we may and will, enter into other and different relationships with other persons, firms, entities, and parties. Further, neither party undertakes, either by this Agreement or otherwise, to perform any obligation of the other party, nor to assume any liability for, without limitation, the actions, business or operations of the other party.

G. Disputes

This Agreement shall not be governed by the U.N. Convention on the International Sale of Goods. The exclusive venue for all disputes arising out of this Agreement shall be in the state or federal courts in Miami-Dade County, Florida, and we each agree not to bring an action in any other venue. You waive all objections to this venue and agree not to dispute personal jurisdiction or venue in these courts. You agree that you will not bring or participate in any class action lawsuit against Tieriun, LLC. or any of its partners, employees, subsidiaries, officers, licensors, or affiliates. We each agree that we will not bring a claim under the Agreement more than two years after the time the claim accrued.
By using the Service, you agree to submit to binding arbitration. Should a dispute or claim arise against Tieriun, such dispute or claim shall be handled by an arbitrator of Tieriun's choosing, selected from the American Arbitration Association. The arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this arbitration clause. Otherwise, the laws of the State of Florida apply to the dispute. The prevailing party in such a proceeding shall be entitled to recover reasonable attorneys' fees and costs incurred in the proceeding from the non-prevailing party, as well as reasonable attorneys' fees and costs incurred by the prevailing party prior to commencing the proceeding.
In no event will Tieriun mediate any dispute or controversy that arises between you and a third party. Tieriun cannot provide any kind of legal advice or assistance. It is not our policy to adjudicate, validate, or invalidate the substance, merit (or lack thereof) of any complaint we receive (such as complaints of copyright or trademark infringement, defamation, slander or libel); this is left to the legal system and courts. Notwithstanding any provision to the contrary, we will remove or disable, without notice, any Content or website which a court of competent jurisdiction has ordered removed or otherwise disabled for any reason.
If you violate any of the terms of this Agreement, the supplemental rules and guidelines, any of the terms of the respective service providers, or any right of Tieriun, we and any other aggrieved party reserve the right to pursue any and all legal and equitable remedies against you. If you are aware of any violations of this Agreement, please notify us through our Support System.

H. Assignment

You may not assign, resell, sublicense or transfer or delegate any of your rights or obligations hereunder, in whole or in part, without the prior written consent of Tieriun, which consent shall be at Tieriun's sole discretion and without obligation; any such assignment or transfer shall be null and void. Tieriun is free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

I. Entire Agreement

This Agreement constitutes the entire agreement between the parties concerning the subject matter contained herein, and it supersedes and cancels any other agreements, proposals, communications, and understandings, whether written or oral, between Tieriun and you, other than as explained or incorporated by reference in the preamble of this Agreement.

Terms of Service

1. Introduction

2. Definitions

3. Registration and Account Ownership

A. Registration Information

B. Account Ownership

C. Transfer of Account Ownership

4. Support

A. Support Channels

B. Statement of Support

C. Support Abuse

5. Acceptable Use Policy

A. Restrictions on Use

B. Passwords

C. Additional Use Restrictions

6. Billing

A. General Billing

B. Credits and Refunds

C. Fees

7. Notices and Communications

A. Method of Communications

B. Common Courtesy

8. Term and Termination

A. Your Right to Close Your Account

B. Our Right to Close Your Account

C. Effects of Closure and Suspension

D. Reopening a Service or Account

9. Domain Name Registration Service

A. General Information

B. Transfer of Domains

C. Domain Registration Management

10. Products and Services

A. Description of Products

Specific Provision

B. Termination of Account; Limitations

C. Your Obligations; Representations and Warranties

D. Storage and Other Plan Limits

E. Service Uptime Guarantee

F. Third-Party Software

G. Description of Services

1. Movo™

11. Content

A. Content Available for Inclusion in the Service

B. Digital Millennium Copyright Act (DMCA)

C. Trademark Infringement Claims

D. Effects of Our Actions

E. Tieriun's Intellectual Property

F. Resale and Online Stores

G. U.S. Export Laws

12. Protection of Your Data

13. Disclaimers

A. Disclaimer of Warranties / Limitation of Liability

B. Service Availability

C. Indemnification

D. Force Majeure

14. Discontinued Services

A. End of Life Policy

B. Notice and Migration

C. No Liability

15. Miscellaneous

A. Third-Party Providers

B. System Status

C. Compliance with Law

D. Taxes

E. Severability

F. Relationship of the Parties

G. Disputes

H. Assignment

I. Entire Agreement

Domains

Hosting

VPS

Storage

Services

Support

Company

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