Terms and Conditions of Service.

TierX Hosting offers a variety of services to customers, ranging from hosting and website services (including shared hosting, VPS and dedicated hosting, WordPress hosting, email, and domain registration services, among others). These services are collectively referred to as the “Services.”

By using TierX Hosting’s Services, the Customer agrees to these Terms of Service and any other policies or terms referenced or posted by us (collectively, the “Terms”). If the Customer does not agree to these Terms, they should not register an account or purchase, access, or use TierX Hosting’s Services in any way.

These Terms constitute a legally binding agreement between TierX Hosting and any individual or organization that purchases, accesses, or uses TierX Hosting’s Services (“Customer” or “You”). The Customer represents, warrants, and agrees that (a) the Customer has full power and authority to enter into and comply with these Terms, or (b) if the Customer is using these Services on behalf of an organization, entity, or group, the Customer is authorized to accept these Terms.

The Customer certifies that they are at least 18 years old, or that their parent, guardian, or legal representative will act as the “customer” under the terms of this contract.

This contract may be terminated by either party, without cause, by providing written notice to the other party with 14 days’ advance notice. TierX Hosting will accept termination via email or ticket on the user panel. However, TierX Hosting may terminate the service under this contract at any time, without any penalty, if the Customer fails to comply with the terms of this contract, including non-payment. TierX Hosting reserves the right to charge a restoration fee.

Quick Links.

Financial Agreements.

The customer accepts a minimum contract term of thirty (30) days from the start of the service. The exact duration of the contract is determined at the time of signing up. The customer agrees that all charges and fees associated with an account are their sole responsibility.

Automatic Renewals.

At the end of the contract term, the contract will be automatically renewed at the current non-promotional rate for the duration of the original contract indefinitely until canceled. TierX Hosting will automatically renew the applicable service when the renewal time comes and will charge the payment method associated with your account. If you do not wish for any service to renew automatically, you may choose to cancel that service, in which case, your Services will terminate upon the expiration of the current term unless you manually renew your Services before that date. Any Service must be canceled before its renewal date(s) to avoid automatic renewals. Renewal dates take effect at midnight, PST. If the customer’s payment card is determined to be expired, invalid, or otherwise cannot be charged, the customer agrees that TierX Hosting may use other payment methods linked to the customer’s bank account (such as new credit card credentials from the issuer of their card). If a shared hosting service is terminated after the 14-day money-back guarantee period, the service will be canceled before the next payment is due, and there will be no further billing or refund for unused portions. If any non-refundable charges have already been incurred, they must be paid before the account can be canceled.

Service Cancellation.

If the customer wishes to cancel TierX Hosting’s shared web hosting services within the first fourteen (14) days of initial signup, they may do so for any reason (excluding termination due to violation of the Terms of Service or Spam Policy) and receive a prompt refund.

Services provided by third-party vendors and partners of TierX Hosting are not part of the fourteen-day refund policy, and no credit is given for early termination. Billing will cease at the end of the term during which the service is canceled.

You can cancel by accessing the Manage Account page. Detailed and up-to-date cancellation instructions can be found here.

The “14-Day Money Back Guarantee” offer applies only to credit card payments for shared web hosting. Other forms of payment are non-refundable. Refunds can only be processed for shared hosting. Domain registrations (including the value of any free domain registration used as part of the plan) are non-refundable under any circumstances. SSL certificates are non-refundable. The value of any AdWords credits or other third-party add-ons is non-refundable. See the Domain Registration Terms for more information.

Account Cancellation.

Violations of TierX Hosting’s Terms may, at the discretion of TierX Hosting, result in immediate and permanent disabling without refund.
TierX Hosting reserves the right to disable or suspend without refund any account or service at any time if it believes, in its sole discretion, that there is a reasonable suspicion of its use in violation of any agreed-upon term.

The opening of multiple accounts or service plans with the purpose of circumventing any restrictions or excess usage charges set by TierX Hosting is grounds for termination of all Services.

Service Compensation for Guarantees.

TierX Hosting will make commercially reasonable efforts to ensure that the service is available 99.9% of the time during each monthly billing cycle. If TierX Hosting fails to meet this service level, you will be eligible to receive a credit to apply to future billing cycles based on the Downtime for that month. For the purposes of this agreement, Downtime means either (a) the service is unresponsive, or (b) it returns a server error response to valid user requests for more than 60 consecutive seconds. Downtime resulting from scheduled maintenance is excluded from these conditions and will not be considered when calculating service credits. Scheduled maintenance is defined as maintenance announced at least 5 days in advance and does not exceed one hour in any month. Service credits will be calculated as a percentage of the billing cycle invoice in which the Downtime occurred. The percentage of the credit will be calculated by dividing the number of minutes of Downtime by the total number of minutes in that billing cycle. Service credits must be claimed within 14 days from the occurrence of Downtime by submitting a support ticket. Include all necessary details to document the Downtime.

Taxes.

TierX Hosting will not be responsible for any taxes or other fees that must be paid in accordance with purchases made from the customer or TierX Hosting’s server. The Customer agrees to assume full responsibility for all taxes and fees of any nature associated with such products sold.

Service Materiality.

The use of TierX Hosting’s service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the intended use and desired content of the customer’s web space. The following examples are provided: Web Publishing: Requires knowledge of HTML, correctly locating and linking documents, FTPing web content, graphics, text, sound, imagemapping, etc. CGI Scripts: Requires knowledge of the UNIX environment, TAR and GUNZIP commands, Perl, CShell scripts, permissions, etc. The Customer acknowledges that they have the necessary knowledge to create their web space. The Customer agrees that it is not TierX Hosting’s responsibility to provide this knowledge or support to the Customer outside of the defined TierX Hosting service. TierX Hosting will not exercise any control over the content of information passing through the network, as long as it adheres to all other conditions set forth in our Terms of Service and Acceptable Use Policy. TierX Hosting reserves the right to monitor its network to verify compliance with all agreed-upon conditions. The Customer agrees to cooperate in any reasonable investigation regarding their adherence to all agreed-upon Terms. Failure to cooperate is grounds for immediate disabling of all accounts/service plans. TierX Hosting reserves the right to disconnect any website or server deemed to pose a threat to the security of TierX Hosting’s customers, servers, or network without prior notice and without any compensation.

Acceptable Use Policy.

The services provided by TierX Hosting may only be used for lawful purposes. You agree to comply with all applicable laws, rules, and regulations in connection with your use of the Services.

You may not consume excessive amounts of server or network resources or use the Services in any way that causes performance issues for the server or disrupts service for other customers.

TierX will notify the customer of excessive usage and will always provide guidance on how to improve the service to avoid abusive use. TierX will not be held responsible for any adjustments or measures taken by the customer to address their excessive usage issues.

TierX Hosting reserves the right to refuse service to anyone at our sole discretion. Any material or conduct that, in our judgment, violates this policy in any way may result in the suspension or termination of the Services or the removal of content with or without prior notice.

Failure to respond to communication from our abuse department within the specified timeframe in our communication to you may result in the suspension or termination of the Services.

You cannot use your hosting account as a backup solution for the following services: CLOUD Hosting, EPYC Hosting, WordPress Hosting, and all current and future shared hosting services. However, it is allowed for Dedicated and VPS services.

Our Services are designed to host your website only and cannot be used as a data repository. TierX reserves the right to remove site content with or without prior notice.

Prohibited Activities.

The following activities are strictly prohibited:
  • Hosting or linking to an anonymous proxy server.
  • Operating a file-sharing site.
  • Hosting scripts or processes that negatively affect our systems.
  • Using software that interacts with an Internet Relay Chat (IRC) network.
  • Any service that involves SPAM and/or Phishing (see section)
  • Promoting any type of violation of local or international laws or encouraging acts of terrorism.

Hosting, distributing, or linking to Child Sexual Abuse Material (CSAM) is strictly prohibited.

CSAM will be promptly removed and reported to the competent authorities in your country or region. TierX will cooperate with local authorities to provide all relevant information related to the case.

Intellectual Property Rights.

Trademarks and Copyrights. The customer warrants that they have the right to use applicable trademarks and copyrights for all content and/or products made available through the customer’s account.

Guaranteed Uptime.

TierX Hosting guarantees 99.99% uptime. If there is a failure to achieve 99.99% uptime, the customer will be eligible for compensation according to the guidelines set forth in this document.

The customer is entitled to compensation if their website, databases, email, FTP, SSH, or webmail become unusable due to failures in TierX Hosting systems, excluding scheduled maintenance previously announced, coding errors, or configuration issues caused by the customer.

The customer will receive a credit from TierX Hosting equal to the current hosting cost for 1 (one) day of service for every 1 (one) hour (or fraction) of service interruption, up to a maximum of 10% of the next prepaid hosting renewal fee by the customer.

TierX Hosting’s evaluation of downtime begins when the customer opens a support ticket to report the problem.

Limited Liability.

The customer expressly agrees that the use of TierX Hosting’s services is at their own risk.

Neither TierX Hosting nor its employees, affiliates, agents, third-party information providers, merchant licensors, or similar entities guarantee that TierX Hosting’s services will be uninterrupted or error-free. They also do not provide any warranty regarding the results that may be obtained from the use of the services or the accuracy, reliability, or content of any information service or merchandise contained or provided through TierX Hosting’s services unless expressly stated otherwise in this agreement.

Under no circumstances, including negligence, TierX Hosting, its officers, agents, or any other person involved in the creation, production, or distribution of TierX Hosting’s server services, will be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use TierX Hosting’s services. This includes errors, omissions, interruptions, deletion of files, defects, delays in operation or transmission, or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction, or unauthorized access to TierX Hosting’s records, programs, or services.

The customer acknowledges that this paragraph applies to all content used through TierX Hosting’s services.

However, the customer’s exclusive remedies and TierX Hosting’s total liability for all damages, losses, and causes of action, whether in contract, tort (including negligence), or otherwise, arising from or in connection with these Terms or the use or inability to use the services, shall not exceed the total amount that the customer paid to TierX Hosting during the six (6) months immediately preceding the claim.

Domain Names.

All registered domains must have accurate registration data.

TierX Hosting will request the user to confirm the domain registration email after registering or requesting a change of email within a timeframe of up to 21 days. If no response or confirmation is received within the specified timeframe, the domain will be automatically suspended until confirmation is received.

All domain names registered through TierX Hosting that are “parked” or not immediately associated with a TierX Hosting hosting plan will be automatically pointed to a “Coming Soon” web page that informs visitors that the registrant has recently registered their domain name through TierX Hosting. The “Coming Soon” web page may be modified by TierX Hosting at any time without prior notice and may include things like, without limitation, links to additional products and services offered by TierX Hosting.

Virtual Private Servers (VPS).

The price of bandwidth and measurement frequency is subject to changes at the discretion of TierX Hosting. Customers affected by such changes will be notified by TierX Hosting with no less than thirty (30) days in advance.

TierX Hosting is not obligated to compensate the Customer for downtime, whether the downtime is caused by the Customer, TierX Hosting, or TierX Hosting’s providers.

The Customer acknowledges that server payments are non-refundable. For example, if the Customer submits payment for twelve (12) months of service, the service will be provided for twelve (12) months, and no refund will be issued if the Customer decides to discontinue the service with TierX Hosting halfway through the term. TierX Hosting services will be billed monthly; existing TierX Hosting customers may remain on a prepaid billing plan, but new customer accounts will be subject to a pay-as-you-go billing plan. Termination or upgrades of TierX Hosting services will result in the following refund and billing procedures:

Prepaid TierX Hosting Hosting Plan: Any termination or upgrade will result in a prorated refund of the plan value for the last billing period.

Pay-as-you-go TierX Hosting Hosting Plan: Any termination will result in the customer being billed for the usage, rounded to the nearest hour.

TierX Hosting reserves the right to modify the advertised VPS server packages on its website at its discretion. TierX Hosting is not obligated to upgrade customers’ hardware or bandwidth allocation as a result of a price or service package change.

Dedicated Servers.

The price of bandwidth and measurement frequency is subject to changes at the discretion of TierX Hosting. Customers affected by such changes will be notified by TierX Hosting with no less than thirty (30) days in advance.

TierX Hosting is not obligated to compensate the Customer for downtime, whether the downtime is caused by the Customer, TierX Hosting, or TierX Hosting’s providers.

The Customer acknowledges that payments for dedicated server services are non-refundable. For example, if the Customer submits payment for twelve (12) months of service, the service will be provided for twelve (12) months, and no refund will be issued if the Customer decides to discontinue the service with TierX Hosting halfway through the term. TierX Hosting services will be billed monthly; existing TierX Hosting customers may remain on a prepaid billing plan, but new customer accounts will be subject to a pay-as-you-go billing plan. Termination or upgrades of TierX Hosting services will result in the following refund and billing procedures:

Prepaid TierX Hosting Hosting Plan: Any termination or upgrade will result in a prorated refund of the plan value for the last billing period.

Pay-as-you-go TierX Hosting Hosting Plan: Any termination will result in the customer being billed for the usage, rounded to the nearest hour.

Hardware upgrades to an existing “platform” (platform defined as a combination of motherboard/chassis) will be performed by TierX Hosting and will incur an additional one-time labor fee of $100, as well as an increase in the client’s standard monthly fee.

Any customer-requested labor (including but not limited to reinstalling the operating system on the server) will be performed by TierX Hosting and will incur an additional one-time labor fee of $100 for each incident.

TierX Hosting reserves the right to modify the advertised dedicated server packages on its website at its discretion. TierX Hosting is not obligated to upgrade customers’ hardware or bandwidth allocation as a result of a price or service package change.

There will be an additional $200 charge associated with any hardware upgrade requested by the customer. The customer is not obligated to upgrade the hardware as a result of a price change.

Coupons and Coupon Codes.

By using a promotional code (“promo”) you waive the option to indicate who referred you to TierX Hosting. You may not change/send a promo/referral code after you have finished signing up. Promo/referral codes marked for new customers only cannot be used for existing accounts.

Indemnifications.

Customer agrees that it will defend, indemnify, save and hold TierX Hosting harmless from any claims, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against TierX Hosting, its agents, its customers, officers and employees, which may arise out of or result from any services rendered or performed or agreed to be performed or any products sold by Customer, its agents, employees or assigns.

Customer agrees to defend, indemnify and hold TierX Hosting harmless from and against liability arising from
any damage to person or property caused by any product sold or otherwise distributed in connection with the TierX Hosting service; any material supplied by Customer that infringes or allegedly infringes the proprietary rights of a third party; copyright infringement; any defective products sold by Customer on TierX Hosting’s servers.

Third Party Policies.

Plesk: By using WP Website Builder, you agree to the Plesk Terms of Service.

G Suite and Google Workspace: By using the Google Workspace service (formerly known as G Suite) associated with TierX Hosting, you agree to the Google Workspace Terms of Service.

Let Encrypt: By using a Let Encrypt certificate, you agree to the Let Encrypt Subscriber Agreement.

Zoho: By using ZOHO mail, you agree to the Zoho Corporation Subscriber Agreement.

Contract Revisions.

As TierX Hosting evolves, we may modify these Terms from time to time to reflect changes in our business. These modifications may include cancellation of obsolete products or services, additional fees, and changes to our policies, among others. In some cases, we may provide you with additional notice of updates, including, but not limited to, adding a statement on the website, through the newsletter, or sending you an email notification. However, it is your responsibility to periodically check the current version of our Terms by visiting this page (and other pages referenced in the Terms).

If you continue to use or access the Services after the effective date stated above, you agree to be bound by the revised Terms, as well as any other terms or policies incorporated herein, either directly or by reference.

Transfer:
Customer may not assign or transfer Customer’s rights or obligations under these Terms without TierX Hosting’s written consent.

Governing Law:

The Terms and the resolution of any disputes shall be governed by and construed in accordance with the laws of Germany without regard to its conflict of law principles.