World-Class Hosting, Down-to-Earth Prices
Sets forth the terms and conditions for providing dedicated server hosting services, including hardware usage, management, and responsibilities.
By utilizing Tierra Hosting services, you acknowledge that you have carefully reviewed our comprehensive set of legal documents and consent to be bound by the terms and conditions outlined herein, along with all acceptable use policies incorporated by reference.
These Terms of Service (the 'Agreement') are an agreement between you - the user of our hosting and related services (collectively, the 'Services'), and Tierra Hosting, in association with Tierra Hosting LLC, a US company headquartered in Tyler, Texas, LiquidNet US LLC, a US company headquartered in Fort Lauderdale, Florida, and LiquidNet Ltd., a UK company headquartered in London, UK. All billing and hosting services are rendered by LiquidNet US LLC and LiquidNet Ltd. (billing operations will be handled here). Legal details about the two companies can be found in the 'Customer Service Contact Details' section of this document.
For the sake of brevity, Tierra Hosting, Tierra Hosting LLC, LiquidNet US LLC and LiquidNet Ltd. will be referred to as 'We', 'Us', 'Our' and 'Service Provider' in this document.
When signing up for a Dedicated server hosting account with Tierra Hosting, the Customer agrees to abide by the rules and provisions explicated in these Dedicated Terms of Service, as well as all their coherent policies (Order Verification Policy, Acceptable Use Policy, etc.) mentioned herein.
The Customer of our Services should also be aware that when signing up for a Dedicated server hosting account with Tierra Hosting, he/or she agrees to position data on our servers and make it accessible to the wide internet public. In this respect, the Customer understands and agrees that it is beyond the power of Tierra Hosting to restrict any public access to this data and guarantee the security of the Customer's files. The Customer, therefore, is completely in charge of protecting his/her web content on our Dedicated servers and should consider carefully each piece of information before uploading it to his/her newly allocated Dedicated server space. We highly recommend that Customers avoid publishing online personal data that could be abused.
Tierra Hosting shall provide its Services to You - the Customer - under the Terms and Conditions explicated in this Service Agreement. The Agreement is intended to keep the integrity of both Tierra Hosting and the Customer and to protect both parties from liability. This Service Agreement will be enforced to ensure the speed, power, performance, and reliability of our Services.
The Service Agreement, together with the Order Form, the Acceptable Use Policy (AUP), and any other policies or agreements mentioned in this document, constitute the whole act of convention between Tierra Hosting and the Customer.
Each customer of Tierra Hosting will be able to take advantage of the package he/she has purchased at the introductory price levels and with one and the same set of features in the course of the whole contract period. Tierra Hosting reserves the right to introduce certain changes to the packages (in the form of complementary services) to the benefit of the customers.
Tierra Hosting will charge customers fees based on the fee structure of the web hosting system at the time of the sign-up process. Tierra Hosting reserves the right to introduce price changes to the servers when needed. This means that the current price list at Tierra Hosting's web store may differ from the pricing of the Customer's server.
When signing up for an account with Tierra Hosting, the Customer agrees to pay for the selected period (one month / three months / six months) and abide by the Order Verification Policy. The Sales Department will strictly scrutinize each account order and carefully process each payment in order to ensure that no fraudulent user can take advantage of the web hosting system.
When a Customer pays for a server via credit card or PayPal, a recurring billing subscription will be created automatically for the selected billing period for his/her convenience, for which He will get a notification from the payment processor. All automatic payments go through exactly 7 days before the due date so as to avoid any downtime to the hosting service if there is a problem with the credit card/PayPal account.
Tierra Hosting will send a reminder of the due payment at least 24 hours before the automatic charge takes place.
The Customer can cancel the subscription at any time from the Control Panel -> My Account -> Recurring, or directly through PayPal - if it's a PayPal account subscription.
If the standard payment methods are not suitable for the Customer's needs, alternative options such as Revolut or cryptocurrency payments may be provided. Please reach out to the Sales team for further assistance in this regard.
Non-Payment of the service shall result in a immediate service disconnection. Customers failing to secure payment by the time of the due date will incur service interruption. The data hosted on the Dedicated server will be kept for one month, after that it will be permanently deleted.
Setup fees and monthly service fees, as well as any recurring payments, or payments made through wire transfer, Revolut, cryptocurrency, or any other on-demand payment method, are not eligible for refund. The Customer acknowledges and agrees to a no-refund policy in advance.
Tierra Hosting guarantees 99.9% network uptime and server stability. This, however, does not refer to problems stemming from:
For more information, please refer to our Service Level Guarantees.
Each Customer will get a default backup space quota of 100 GB, which they can avail of at any given moment.
Additionally, each Google Drive and/or Dropbox account owner is entitled to another 100 GB of backup space.
A 50 GB backup storage option is available as part of our Managed Services package as well.
For newly signed up clients - the Services are activated only after our Sales Department gets in touch with the Customer over the phone to verify the payment details (this is required due to the high fraud activity spreading online, and in order to prevent fraudulent account usage). The payment verification procedure is obligatory and if we fail to approve a transaction within 48 hours of the payment submission, the funds will be credited back to the payer and the order will be canceled.
For existing customers - the services for existing Customers, including upgrade services and renewals, are activated immediately after our Sales Department receives the according service payment.
Dedicated Server Accounts - The newly-created Dedicated server hosting accounts with Tierra Hosting are valid for 1 month. They can be renewed on a monthly basis, i.e. for another month that will be added to the official expiration date of the Dedicated server account.
Domain Name Registrations/Transfers - Tierra Hosting offers for registration/transfer all TLDs (Top-Level Domains) displayed in the table below. A domain name can be purchased either at sign up together with the Dedicated server hosting account (at a regular or PROMOTIONAL price) or separately (later on) as an upgrade from the Customer's Dedicated management account. The Customer agrees to abide by Tierra Hosting's Domain Name Registration Agreement and Domain Name Dispute Resolution Policy. The table below displays the minimum and maximum registration periods, as well as the annual NON-PROMOTIONAL prices of all TLDs:
| tld | min/max period of registration @ min period price |
|---|---|
| .academy | 1-10 years @ $39.95 per year |
| .ae | 1-5 years @ $43.95 per year |
| .agency | 1-10 years @ $25.95 per year |
| .asia | 1-10 years @ $17.95 per year |
| .at | 1 years @ $16.95 per year |
| .bargains | 1-10 years @ $29.95 per year |
| .be | 1 years @ $10.95 per year |
| .bike | 1-10 years @ $34.95 per year |
| .biz | 1-10 years @ $19.95 per year |
| .boutique | 1-10 years @ $32.95 per year |
| .broker | 1-10 years @ $30.95 per year |
| .business | 1-10 years @ $16.45 per year |
| .ca | 1-10 years @ $19.95 per year |
| .cafe | 1-10 years @ $38.95 per year |
| .capital | 1-10 years @ $57.95 per year |
| .cc | 1-10 years @ $22.95 per year |
| .center | 1-10 years @ $26.95 per year |
| .ch | 1 years @ $15.95 per year |
| .cheap | 1-10 years @ $30.95 per year |
| .church | 1-10 years @ $37.95 per year |
| .city | 1-10 years @ $23.95 per year |
| .club | 1-10 years @ $18.95 per year |
| .cn | 1-10 years @ $17.95 per year |
| .co | 1-5 years @ $33.45 per year |
| .co.il | 1 years @ $29.95 per year |
| .co.nz | 1-10 years @ $20.95 per year |
| .co.uk | 1-10 years @ $8.95 per year |
| .co.za | 1 years @ $20.45 per year |
| .coach | 1-10 years @ $56.95 per year |
| .codes | 1-10 years @ $53.95 per year |
| .coffee | 1-10 years @ $32.95 per year |
| .com | 1-10 years @ $14.95 per year |
| .com.au | 1-5 years @ $13.95 per year |
| .com.cn | 1-10 years @ $17.95 per year |
| .com.mx | 1-10 years @ $56.45 per year |
| .com.tw | 1-10 years @ $32.95 per year |
| .company | 1-10 years @ $16.45 per year |
| .computer | 1-10 years @ $32.95 per year |
| .consulting | 1-10 years @ $42.95 per year |
| .cool | 1-10 years @ $32.95 per year |
| .coupons | 1-10 years @ $45.95 per year |
| .dance | 1-10 years @ $24.95 per year |
| .de | 1 years @ $14.95 per year |
| .deals | 1-10 years @ $32.95 per year |
| .delivery | 1-10 years @ $51.95 per year |
| .digital | 1-10 years @ $35.95 per year |
| .dog | 1-10 years @ $52.95 per year |
| .education | 1-10 years @ $30.45 per year |
| 1-10 years @ $26.95 per year | |
| .engineering | 1-10 years @ $54.95 per year |
| .enterprises | 1-10 years @ $33.95 per year |
| .es | 1-5 years @ $10.95 per year |
| .estate | 1-10 years @ $33.95 per year |
| .eu | 1-10 years @ $9.95 per year |
| .events | 1-10 years @ $36.95 per year |
| .expert | 1-10 years @ $49.95 per year |
| .express | 1-10 years @ $33.95 per year |
| .family | 1-10 years @ $33.95 per year |
| .farm | 1-10 years @ $33.95 per year |
| .fi | 1-5 years @ $16.95 per year |
| .fitness | 1-10 years @ $34.95 per year |
| .forsale | 1-10 years @ $31.95 per year |
| .foundation | 1-10 years @ $28.95 per year |
| .fr | 1 years @ $12.00 per year |
| .fun | 1-10 years @ $31.95 per year |
| .fyi | 1-10 years @ $19.95 per year |
| .games | 1-10 years @ $28.95 per year |
| .gr | 2 years @ $26.95 per year |
| .group | 1-10 years @ $22.95 per year |
| .guru | 1-10 years @ $35.95 per year |
| .host | 1-10 years @ $77.95 per year |
| .house | 1-10 years @ $37.95 per year |
| .ie | 1-10 years @ $19.95 per year |
| .in | 1-10 years @ $16.95 per year |
| .info | 1-10 years @ $23.45 per year |
| .institute | 1-10 years @ $24.95 per year |
| .international | 1-10 years @ $27.95 per year |
| .irish | 1-10 years @ $19.95 per year |
| .it | 1 years @ $10.95 per year |
| .jp | 1 years @ $36.95 per year |
| .kitchen | 1-10 years @ $56.95 per year |
| .land | 1-10 years @ $34.95 per year |
| .life | 1-10 years @ $32.95 per year |
| .ltd | 1-10 years @ $25.95 per year |
| .marketing | 1-10 years @ $35.95 per year |
| .me | 1-10 years @ $21.45 per year |
| .me.uk | 1-10 years @ $8.95 per year |
| .media | 1-10 years @ $39.95 per year |
| .mobi | 1-10 years @ $30.95 per year |
| .money | 1-10 years @ $33.95 per year |
| .mx | 1-5 years @ $56.45 per year |
| .name | 1-10 years @ $15.95 per year |
| .net | 1-10 years @ $15.95 per year |
| .net.au | 1-5 years @ $14.95 per year |
| .net.cn | 1-10 years @ $17.95 per year |
| .net.nz | 1-10 years @ $20.95 per year |
| .network | 1-10 years @ $30.45 per year |
| .news | 1-10 years @ $28.95 per year |
| .ninja | 1-10 years @ $26.95 per year |
| .nl | 1 years @ $17.45 per year |
| .no | 1 years @ $13.95 per year |
| .nu | 1-10 years @ $21.95 per year |
| .online | 1-10 years @ $31.95 per year |
| .org | 1-10 years @ $14.95 per year |
| .org.au | 1-5 years @ $18.95 per year |
| .org.cn | 1-10 years @ $17.95 per year |
| .org.nz | 1-10 years @ $20.95 per year |
| .org.uk | 1-10 years @ $8.95 per year |
| .partners | 1-10 years @ $57.95 per year |
| .parts | 1-10 years @ $35.95 per year |
| .party | 1-10 years @ $28.95 per year |
| .pet | 1-10 years @ $23.45 per year |
| .ph | 1-2,5,10 years @ $70.95 per year |
| .photography | 1-10 years @ $30.95 per year |
| .photos | 1-10 years @ $23.95 per year |
| .pl | 1-3 years @ $27.95 per year |
| .plus | 1-10 years @ $37.95 per year |
| .press | 1-10 years @ $59.95 per year |
| .pro | 1-10 years @ $23.45 per year |
| .productions | 1-10 years @ $34.95 per year |
| .properties | 1-10 years @ $33.95 per year |
| .pt | 1,3,5 years @ $18.95 per year |
| .qa | 1-5 years @ $25.95 per year |
| .recipes | 1-10 years @ $65.95 per year |
| .rentals | 1-10 years @ $37.95 per year |
| .repair | 1-10 years @ $31.95 per year |
| .rocks | 1-10 years @ $19.95 per year |
| .run | 1-10 years @ $23.95 per year |
| .sale | 1-10 years @ $33.95 per year |
| .school | 1-10 years @ $31.95 per year |
| .se | 1-10 years @ $21.95 per year |
| .services | 1-10 years @ $34.95 per year |
| .shop | 1-10 years @ $34.95 per year |
| .site | 1-10 years @ $31.95 per year |
| .social | 1-10 years @ $33.95 per year |
| .software | 1-10 years @ $33.95 per year |
| .solutions | 1-10 years @ $27.95 per year |
| .space | 1-10 years @ $25.95 per year |
| .store | 1-10 years @ $48.95 per year |
| .support | 1-10 years @ $24.95 per year |
| .systems | 1-10 years @ $29.95 per year |
| .team | 1-10 years @ $32.95 per year |
| .tech | 1-10 years @ $47.95 per year |
| .technology | 1-10 years @ $25.95 per year |
| .tips | 1-10 years @ $26.95 per year |
| .today | 1-10 years @ $24.95 per year |
| .tools | 1-10 years @ $30.95 per year |
| .top | 1-10 years @ $15.45 per year |
| .training | 1-10 years @ $34.95 per year |
| .tv | 1-10 years @ $35.95 per year |
| .tw | 1-10 years @ $32.95 per year |
| .uk | 1-10 years @ $8.95 per year |
| .us | 1-10 years @ $10.95 per year |
| .website | 1-10 years @ $26.95 per year |
| .wine | 1-10 years @ $48.95 per year |
| .works | 1-10 years @ $33.95 per year |
| .world | 1-10 years @ $35.95 per year |
| .ws | 1-10 years @ $28.95 per year |
| .xyz | 1-10 years @ $14.95 per year |
| .zone | 1-10 years @ $33.95 per year |
Domain Renewals - Even though Tierra Hosting will provide regular reminders about the expiration of the domain name(s) registered through the company, it is your obligation to keep track of when the registration service(s) will expire. Should you fail to renew a domain name before its expiration date, the domain name will be suspended or canceled.
We strongly recommend that Customers renew their domain registrations before their domain names are placed into redemption period. After a domain name transits in redemption period, we are not able to prevent its zone files from being removed from the DNS system, and any web site and associated services will cease working.
We can assist Customers in retrieving their domain names only if the domain names were registered with us. Customers will be charged a REDEMPTION FEE of $270.00 USD for each domain registration renewal. If the domain name was registered with another registrar, the Customer needs to contact that registrar for more information regarding its retrieving.
In order to cancel a Dedicated server account, the Customer must send a support ticket to Tierra Hosting's Sales Department via his/her Dedicated management account and provide any authentication credentials requested by Tierra Hosting. Any other form of cancellation request will not be accepted.
Dedicated server hosting accounts - The Dedicated server accounts are set up on a monthly prepay basis. Customers may cancel their accounts at any time, however they will not be entitled to a refund for the unused period of the prepaid month, since these services do NOT include Money Back Guarantee. Any incentives offered to the Customers upon sign-up will be also canceled.
Domain Name Registrations/Transfers - Domain name registrations/transfers are also treated as non-refundable services and cannot be canceled or refunded after activated upon Customer request. The domain name owner will have access to a domain management account, and will be able to transfer the domain name to another registrar.
Chargebacks are not considered as a way of refunding. Any Customer who initiates a credit card chargeback in response to a bill or order placed with Tierra Hosting will be subject to full investigation.
When signing up for a Dedicated server hosting account with Tierra Hosting, the Customer agrees to the terms and conditions explicated in this document (and its coherent policies). Thus, Tierra Hosting, as well as Tierra Hosting's authorized retailers (PayPal, WorldPay, 2CheckOut), will resort to these documents as an evidence for the Customer's agreement, especially in the event that a Customer sends a chargeback inquiry based on points that he/or she first accepted, but is trying now to refute.
If/When a chargeback report is received, the first step of Tierra Hosting's Customer Care team will be to try to contact the Customer. Meanwhile, the Customer's Dedicated server account will be suspended (in order to protect our system from fraudulent activity and misuse) and will remain suspended until the reasons for the chargeback have been clarified and decision has been taken for according action.If the chargeback has occurred due to some misunderstanding, a reverse payment procedure will be initiated with the authorized retailers and eventually the Dedicated server account will be re-activated.
If the Customer has sent a chargeback request based on groundless argumentations (according to Tierra Hosting's own judgment and these Dedicated Terms of Service), then a dispute will be started with the authorized retailers in which the Dedicated Terms of Service and the AUP of Tierra Hosting will serve as evidence of the Customer's agreement. The retailers then, taking into consideration all provisions in these legal documents, will decide whether the Customer has had sufficient grounds for the chargeback or Tierra Hosting has the right to a reverse payment.In case that the chargeback originates from a fraudulent user (end-client) and no reverse payment procedure can be activated, then the respective Dedicated server account will remain suspended and a $30 USD fee will be withdrawn from the commission of the reseller (the client of our Free Reseller Hosting Program) whose client's account (the end-client) has been the reason for the chargeback (in order to be covered the fees imposed to Tierra Hosting from our authorized retailers for the claimed unauthorized transaction).
A collection of free hosting reseller tools : a free billing software (ClientExec) and a free domain reseller account is available with each Dedicated Server hosting package. All bonuses are given per customer's request.
In consideration of their use of the Service, Customers agree to:
The client is also obliged not to terminate the SNMP service activated by Tierra Hosting to keep track of the used IPs on the server. Upon a termination of the SNMP service - Tierra Hosting will inform the client and the client will have to reactivate the service in 48 hours. If the client does not cooperate - Tierra Hosting can suspend the client's access to the server at his own discretion.
Тhe Service Provider expressly bans the use of any Dedicated server hardware or software for trying to illegally access another hosted machine or network. Customers may not attempt to gain unauthorized access to any of Tierra Hosting's Services, other accounts, computer systems or networks connected to any of Tierra Hosting's Services, through hacking, password mining or other means of close nature. Customers may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Tierra Hosting's Services. For more detailed information regarding all prohibited uses of our server network, please closely review next chapter of these Terms and our AUP (Acceptable Use Policy). If you still have inquiries over the matter, feel free to contact any of our Customer Care representatives.
Server content MUST comply with the parameters stated in this TOS and our Acceptable Use Policy. Web content requirements exclude the publication of illegal content or content considered inappropriate otherwise. If any of Tierra Hosting's Services are used for the illegal purpose of SPAM or UCE, they will be instantly terminated. Customers are solely responsible for the content of their messages. Using Tierra Hosting's Services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or other) is prohibited. In this light, Tierra Hosting expressly forbids any breach of Federal, State or Local regulation, including, but not limited to, the transmission of: copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. Tierra Hosting's Dedicated servers CANNOT be used for the propagation, distribution, housing, processing, storing, or handling in any way of lewd, obscene, adult or pornographic material, or any other material which is considered impermissible by Tierra Hosting's Dedicated Terms of Service (this document) and the Acceptable Use Policy (AUP).
As a condition for Customer use of Tierra Hosting's Services, you - the Customer, agree that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices, and our Acceptable Use Policy (AUP). Tierra Hosting's Dedicated servers can be used explicitly and only for legal purposes, and each attempt for taking indecent advantage of the servers, inconsistent with the rules, will be immediately counteracted. Tierra Hosting reserves the right at any time to disclose any information, as Tierra Hosting deems necessary, to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove from the Services any information or materials, in whole or in part, in the sole discretion of Tierra Hosting.
When buying a Dedicated server for the purpose of creating an e-commerce online store or related e-commerce activities website, the Customer agrees to be fully responsible for the development, operation and maintenance of his/her web site/ online store and e-commerce activities within that website. The Customer is the only one in charge of approving, processing and filling client orders and taking care of client requests or complaints. The Customer is also the only one in charge of the payment or satisfaction of any and all taxes related to his/her web site and online store. The Customer bears the responsibility for ensuring the security and confidentiality of any clients' data (including, without limitation, customer credit card numbers) that he/she may receive in connection with his/her web site or online store.
Each Customer is in charge of all products and services, as well as all contents and materials appearing online, including:
Each Customer guarantees to Tierra Hosting that he/she owns the right to use the Customer Content and its material, including all text, graphics, sound, music, video, programming, scripts and applets. Each Customer warrants to Tierra Hosting that the use, reproduction, propagation and transmission of the Customer Content and any information and materials contained inside do not, and will not:
Each Customer empowers Tierra Hosting to reproduce, copy, use and propagate all and any part of the Customer Content for ensuring and operating the Services. Tierra Hosting is granted the right to estimate, at its own discretion, the extent to which these operations may be carried out.
Tierra Hosting reserves the right to determine the seriousness of each received report and decide, at their own discretion, which one does not comply with the officially stated requirements for the use of the company's servers.
Tierra Hosting may refuse service to unlawful parties by deactivating a customer's account. In case Tierra Hosting decides to discontinue the provision of services to a Customer as per the contractual agreement, the Customer will be informed of this decision along with a detailed explanation of the underlying reasons.
Tierra Hosting reserves the right at all times to disclose any information, as Tierra Hosting deems necessary, to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, which contradict with Tierra Hosting's Acceptable Use Policy.
A full description of the steps Tierra Hosting takes to deal with prohibited/unwanted content can be found in the Acceptable Use Policy (5. Corrective Actions).
Notices, including notices concerning breach of this Agreement will be sent either to the e-mail address provided by the Customer at sign up, OR mailed by first class mail to the postal address that the Customer has on file with Tierra Hosting. In both cases, delivery shall be deemed to have been made five (5) days after the notice has been sent. Notices from the Customer to Tierra Hosting should be sent to the address provided on Tierra Hosting's website.
Tierra Hosting guarantees highest level of Customer Care service round the clock. If you feel dissatisfied with any aspect of the Service, feel free to make use of our complaints procedure detailed below.
In order to file a complaint, please send us an email to complaints@duoservers.com, specifying the nature of the problem you are experiencing. Please, provide as many details about your particular case as possible. The more we know about the situation, the better, prompt and adequate our resolution will be.
Here are our steps of addressing every single complaint:
Any way of indecent treatment towards a Service Provider's Customer Care employee will be considered as totally inappropriate and unacceptable. Each Customer is expected to communicate in an utterly polite and professional manner with Tierra Hosting's employees regarding any request for help or consultation via e-mail, chat, phone or through our Ticket Desk Support System. Each Customer is expected to avoid any form of emotional outburst or inappropriate language, or any other attempt to be undermined the importance of good ethics in communication and human relations. Any act of close nature, or other type of offensive, abusive, disrespectful or condescending behavior - oral, written, or delivered by a second party - to members of Tierra Hosting's Customer Care stuff will be interpreted as a breach of this TOS. Tierra Hosting reserves the right to assess at its sole discretion which behavior is to be considered as a violation of the hereby stated rule and agreement, and to undertake according actions.
Technical Support
Due to the specificity of the Service, Customers are fully in charge of the management and maintenance of their Dedicated servers. However, if they need assistance or want to leave this task to our highly-qualified administrators department, they can avail of our Fully Managed Support service available at a monthly fee of $30 USD. Additional software installation and troubleshooting, which are not included in the Managed Support Package will cost $60 USD.
Pre-sale and general questions
Customers may use any of the support options listed below:
US TOLL FREE PHONE: +1-855-211-0932
INTERNATIONAL PHONE: +1-727-546-HOST(4678)
UK PHONE : +44-20-3695-1294
AU PHONE : +61-2-8417-2372
US FAX: +1-510-868-6446
This Agreement shall be governed by and construed in accordance with the laws of England.
Any controversy or claim arising out of or relating to this Agreement, or any breach of this Agreement, in excess of $250.00 USD will be settled in accordance with the commercial arbitration rules of the American Arbitration Association.
Failure to enforce any of the provisions of this Agreement shall in no way be considered to be a waiver of these provisions, or to affect in any way the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
The Customer agrees to indemnify Tierra Hosting, its management body and employees (each an "Indemnified Party") against any losses, claims, damages, liabilities, penalties, court actions, proceedings or judgments (collectively, "Losses") to which the Indemnified Party may become subject, and out of which Losses arise or relate to this Agreement or the Customer's use of the Services. The Customer agrees to reimburse the Indemnified Party for all legal and other expenses, including any attorney fees paid by the Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which the Indemnified Party is a party.
Force Majeure Circumstances - Tierra Hosting shall not be liable for any failure in the provision of the Services to the Customer resulting, directly or indirectly, from any (i) weather conditions and natural disasters, (ii) actions of any governmental or military authority, (iii) failure caused by telecommunications or Internet provider, or (iv)other force or occurrence beyond its control.
Damages & Losses - Tierra Hosting shall not be liable for (i) any indirect, incidental, special or consequential damages, OR for any loss of profits or loss of revenues resulting from the use of Tierra Hosting's Services by the Customer or any third parties, or (ii) any loss of data resulting from delays, non-deliveries or service interruptions.
Service Provision - Tierra Hosting provides the Services on an as-is basis, without any warranties, including but not limited to, implied warranties, merchantability, or fitness of the Services for any particular purpose. The Customer shall be solely responsible for the selection, use and suitability of the Services, and Tierra Hosting shall have no liability therefore.
Customers do not have the right to assign this Agreement without the explicit permission of Tierra Hosting. This Agreement shall be in force and effect to the total benefit of the Customer and Tierra Hosting and their successors and permitted assigns.
Tierra Hosting reserves the right to revise this document at any time, without prior notice. Customers are encouraged therefore to periodically review these Dedicated Terms of Service and the Acceptable Use Policy.
Please report any violations of these Terms of Service, the Acceptable Use Policy, and the Domain Name Dispute Resolution Policy to abuse@100webspace.com