Tierzero Legal Information

 

Tierzero Voice Over Internet Protocol, (VoIP) E911 Notice

The FCC recently issued its order on the provision E911 services that includes a requirement that service providers notify their Customers of the limitations on any Voice over IP service. As a Customer of Tierzero’s Hosted PBX Service, (the “Service”), you should be aware that emergency dialing (E911) may not be available under certain circumstances, as described below:

  1. If you move the IP-compatible equipment that you use to access the Service, (whether a phone or personal computer or other device, softphone, etc...), from the registered location, as specified in your order form. Each phone number is registered in a national database (the “ALI Database”) to a specific site address for emergency response purposes. If you dial E911 from a remote location using the Service, emergency personnel will respond to the registered site location listed in the ALI Database. They will not be able to identify or track your remote location; or

  2. If you are using a number for a location that is outside the Rate Center to which the number is assigned (e.g., a non-native telephone number); or

  3. If there is a failure of your broadband connection, (no matter who is your broadband service provider), or loss of electrical power; or

  4. If you fail to timely notify Tierzero of a change to the registered location for any number assigned to you in connection with the Service so that the ALI Database can be updated in a timely manner.

Due to the foregoing limitations, Tierzero highly recommends that all its Customers retain at least one “plain old telephone service” (“POTS”) line in case of disruption of the Service, (broadband or VoIP- service).

Tierzero Terms of Service

1. General
(a) These Terms and Conditions are part of the Contract (referred to as “Agreement”) between Customer and Tierzero and/or its affiliated companies.
(b) Tierzero may increase the rates in this Agreement to pass through any price increases imposed on Tierzero by the providers of the underlying facilities used to provide the Services or, in the case of long distance services, by Tierzero’s wholesale providers of such services. Tierzero may also change the rates, terms and conditions applicable to Services by giving Customer at least 30 days prior written notice. If Tierzero materially changes the rates or terms and conditions applicable to any of Tierzero’s Services except for pass-through rate increases, Customer may cancel the affected Services provided Customer notifies Tierzero in writing before the effective date of the changes. If Customer cancels any of the Services due to such material changes, Customer will only be liable for the charges for those cancelled Service(s) incurred up to and including the date of termination. If Customer does not cancel the affected Service(s) before the effective date of the changes, Customer will be deemed to have consented to the changes and to a continuation of the Services.
(c) Under certain conditions, Customer may request that installation of Services be expedited by agreeing to pay an Expedite Fee. No projected date for expedited installation is guaranteed. Payment of the Expedite Fee only earns an advanced priority for your installation process and installation is not entirely within Tierzero’s control. No credit or refund of the Expedite Fee will be made for delay of the installation date beyond the projected or requested date.
(d) Tierzero reserves the right to provide Services to Customer via Tierzero’s choice of technology and to change the manner in which we deliver Services at any time in Tierzero’s sole discretion provided the functionality of the Service provided remains substantially unaffected by the change.

2.Term and Billing Payment
(a) Effective Date. This Agreement is effective once signed by both Tierzero and Customer and Customer’s credit application is approved. Upon approval, Tierzero will begin as soon as practicable the installation, connection and testing of the lines and/or equipment necessary to provide the Services. If Customer has renewed Services (“Service Renewal”) for a new term, (“Renewal Term”), the Effective Date of the Renewal Term is the date of the first invoice after the Service Renewal is entered into Tierzero’s billing system.
(b) Term. The initial term of this Agreement (“Initial Term”) will begin the date Tierzero provides notice to Customer that the Services are available for Customer’s use. This Agreement will continue in effect for the entire Term chosen on the Service Agreement and for any subsequent Renewal Term. Customer may renew Services for a Renewal Term prior to the completion of the Initial Term. Customer may order additional services at the existing service location, subject to Tierzero’s acceptance, under this Agreement. Services for additional Service Locations may also be ordered, subject to Tierzero’s acceptance, under this Agreement. The initial term for additional Services ordered for additional Service Locations will begin the date Tierzero provides notice to Customer that the services are available for Customer’s use, and will continue in effect for the entire Term specified on the Service Agreement for the additional Services. The Terms and Conditions of this Agreement shall extend automatically, following termination, to cover the remaining Term of any additional Services provided. See Section 4 of this Agreement for additional terms and conditions applicable to terminations.
(c) Billing. Tierzero will begin invoicing Customer for the Services after giving Customer notice that the Services are available for Customer’s use and will continue invoicing Customer on a monthly basis until the Agreement is terminated. Tierzero will bill monthly recurring charges in advance and usage charges after the usage occurs. Customer is responsible for all sales, gross receipts, use, excise, and other federal, state and local taxes, charges and assessments based on Customer’s use of the Services, which will be separately listed on each invoice along with any fees or surcharges applicable to the Services. Tierzero may require, in it’s sole discretion, that Customer provide a deposit or other assurance of payment before the Services are provided and/or thereafter. Any required deposit shall not bear interest unless required by law. If Customer delays acceptance of the Services after receiving notice that Services are available, Tierzero may, in our sole discretion, begin charging Customer for the ordered Services. If Customer continues to delay acceptance of the Services for more than 60 days after the date the Services are available, Customer will have materially breached this Agreement, and Tierzero will be entitled to terminate this Agreement without further notice and to pursue the remedies in Section 4 of this Agreement.
(d) Payment. Invoices are due and payable upon presentation, and become past due after the Pay By Date printed on the invoice. If Customer has a bona fide dispute with any of the amounts on the invoice (“Disputed Amount”), Customer shall pay all amounts not in dispute by the Pay By Date and provide Tierzero with a written request for a billing adjustment, together with all supporting documentation, within 45 days after the Pay By Date or Customer’s right to any billing adjustment shall be waived. If Tierzero agrees to adjust all or a portion of the Disputed Amount, Customer will not be obligated to pay a late payment charge on the adjusted amount. If Customer fails to pay all non-Disputed charges on the Tierzero invoice by the Pay By Date, Tierzero may impose a late payment charge of 1.5% per month or the maximum rate allowed by law, whichever is less, on the unpaid balance until the amount is paid. Tierzero may also suspend Customer’s services until all delinquent amounts, including late payment charges, are paid in full. An additional charge will apply to each returned check.

3. Customer Obligations
(a) Tierzero Property. Any equipment installed at Customer’s premises by Tierzero or shipped to Customer by Tierzero or Tierzero’s authorized third party vendor remains Tierzero property, and nothing contained in this Agreement shall give or convey to Customer any right, title or interest in such equipment. Customer agrees not to interfere with or damage the equipment and Customer agrees to reimburse Tierzero for any loss or damage that is caused by Customer’s intentional or negligent acts or by the intentional or negligent acts of Customer’s agents, employees, authorized users or representatives. Customer will allow Tierzero to promptly remove the equipment from Customer’s premises or Customer will promptly return the equipment to Tierzero upon termination of the Services for which the equipment was used.
(b) Building Access. Customer shall obtain all necessary approvals, applicable permits and/or use fees to be attained, if any, for full access by Tierzero prior to installation of Service and while Service is provided.
(c) Responsibility for Message Content. Customer is solely responsible for all content that Customer makes available on or through Tierzero Services. Customer guarantees that all such content will not infringe on, or contain any content that infringes on, or otherwise violates any copyright, patent or any other right held by a third-party and that all such content will not violate any applicable law, rule, regulation or industry standard.
(d) Use of Services. Customer will not use the Services for any illegal, unlawful, abusive or fraudulent purpose and will use the Services in such a manner as to prevent damage to Tierzero’s network. Customer’s proper use of the Services includes conforming to all (“AUP”) that are available on request and are displayed at Tierzero’s web site at www.Tierzero.com. The AUP may be amended from time to time. If Tierzero materially changes the AUP, Customer shall be provided the same right to notification and cancellation provided in Section 1(b) of this Agreement.
(e) Third-Party Obligations. Customer is responsible to pay any third-party vendor charges and to arrange for disconnection and payment of charges related to the disconnection of any related services with Customer’s current carrier(s).
(f) Network Security. Customer acknowledges that it is Customer’s responsibility to take whatever actions you the Customer deem necessary to make your computer and voice network and circuits adequately secure from unauthorized access. Customer further acknowledges that Tierzero only provides telecommunications services and certain equipment to Customer and that Tierzero is not responsible for the security of Customer’s network and circuits from third parties, or for any damages that may result from any unauthorized access to Customer’s network. Tierzero urges Customer to seek independent advice with respect to products, equipment (including configurations), and services available to make Customer’s computer network and circuits more secure from third parties.
CUSTOMER FURTHER ACKNOWLEDGE THAT NONE OF TIERZERO’S EMPLOYEES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS HAS MADE, AND THEY DO NOT HAVE THE AUTHORITY TO MAKE, ANY REPRESENTATIONS CONCERNING THE SECURITY OF CUSTOMER’S NETWORK OR THE SERVICES TIERZERO PROVIDES THAT ARE INCONSISTENT WITH THE STATEMENTS CONTAINED IN THIS SECTION 3(e).

4. Termination
Either party may terminate this Agreement upon 30 days notice if the other party materially breaches the terms and conditions of this Agreement and the other party fails to cure the default within the 30-day period, including, but not limited to, Customer’s failure to pay Tierzero invoices for the Services by the Pay By Date. If Customer terminates this Agreement after Tierzero’s material breach, then Customer will be responsible only for charges for the period before the date of termination. If, however, Tierzero terminates this Agreement as a result of Customer’s material breach, or Customer terminates this Agreement or any Services provided to Customer for any reason other than our material breach, Customer shall pay to Tierzero a termination charge as follows:
If the term of the Agreement is 1 year or 2 years, Customer will be responsible to pay the full remaining amount of the Agreement. If it is a 3 year term, Customer will be responsible for 100% of years 1 and 2 and 50% of remaining balance of year 3.
In addition to any other recoveries Tierzero is entitled to, Tierzero shall be entitled to recover from Customer all of the costs Tierzero incurs (including court costs and reasonable attorneys fees) to collect any delinquent charges owed by Customer along with all other damages Tierzero incurs as a result of Customer’s breach of this Agreement, including without limitation termination charges, past due recurring and usage charges, any damage to Tierzero’s equipment and any amounts Tierzero has to pay to third parties because of violations by Customer of Tierzero’s AUP.
Section 4 of this Agreement shall survive any termination or expiration of this Agreement.

5. Miscellaneous Provisions
(a) Assignment and Succession. Customer may not assign or transfer this Agreement without Tierzero’s prior written consent, which shall not be unreasonably withheld. Any unauthorized assignment or transfer shall be null and void. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successor and authorized assigns.
(b) Governing Law. This Agreement shall be deemed to have been made in the State of California, and shall be construed pursuant to the laws of the State of California without regard to the conflicts of law provisions thereof.
(c) Force Majeure. Tierzero shall not be liable for any failure of performance of the Services due to causes beyond Tierzero’s control, including, but not limited to, fire, flood, electric power interruptions, national emergencies, civil disorder, acts of terrorists, riots, strikes, lockouts, work stoppages, Acts of God, or any law, regulation, directive, or order of the United States government, or any other governmental agency, including state and local governments having jurisdiction over Tierzero or the Services provided hereunder.
(d) Arbitration. If Customer and Tierzero cannot resolve between ourselves any dispute arising under this Agreement, Customer and Tierzero shall promptly submit the dispute to binding arbitration at the office of the American Arbitration Association (“AAA”) located in the City or County of the state where the services are provided, or, if there is no AAA office at that location, then at the AAA office closest to where the services are provided (“Arbitration Site”). The arbitration will be held in accordance with the commercial arbitration rules of the AAA. Either party may initiate arbitration by providing written demand for arbitration (with a copy to the other party), a copy of this Agreement and the administrative fee required by the AAA rules to the AAA office serving the Arbitration Site. Customer and Tierzero shall share any remaining cost of the arbitration equally unless the arbitration award provides otherwise. Each party shall bear the cost of preparing and presenting its case. Customer and Tierzero agree to undertake all reasonable steps to expedite the arbitration process. One arbitrator will be appointed in accordance with the AAA rules within 30 calendar days of the submission of the demand for arbitration. The arbitrator will designate the time and place for the Arbitration within 30 days of appointment. The parties agree that the arbitrator’s authority to grant relief shall be subject to the provisions of this Agreement, Tierzero’s applicable tariffs, if any, and any other applicable law. The arbitrator shall not be entitled to award, nor shall either party be entitled to receive, punitive, incidental, exemplary, consequential, reliance or special damages, including damages for lost profits. The arbitrator’s decision shall follow the plain meaning of this Agreement and shall be final, binding and enforceable in a court of competent jurisdiction.
(e) Entire Agreement and Modifications. This Agreement and all other documents specifically referred to in this Agreement constitute the entire and final agreement and understanding between Customer and Tierzero with respect to the subject matter of this Agreement and supersede all prior agreements relating to such subject matter, which are of no further force or effect. Any and all exhibits referred to in this Agreement are integral parts of this Agreement and are made a part of this Agreement. This Agreement may only be modified or supplemented by an instrument in writing executed by both Customer and Tierzero duly authorized representatives.
(f) Severability. If any provision of this Agreement is held to be invalid or unenforceable by a court or administrative agency with jurisdiction over the Services, such provision shall be deemed amended to the minimum extent necessary to render it enforceable.
(g) Headings. The headings used in this Agreement are for convenience only and do not in any way limit or otherwise affect the meaning of any of the terms.
(h) Waiver. Under no circumstances shall Tierzero’s failure to enforce any provision of this Agreement in any particular instance be construed as a waiver of that provision.
(i) Notices. All notices from Customer to Tierzero must be in writing and delivered by certified mail, return receipt requested or by Federal Express or other similar expedited delivery service to: Tierzero, 700 Wilshire Blvd, 6th Floor, Los Angeles CA 90017.

Service Level Agreement

This Service Level Agreement (SLA) applies to customers of Tierzero’s T1/T3/DS3/Ethernet, Dark Fiber, Voice, and Colocation services only. For Fixed Wireless, please refer to the SLA (Fixed Wireless) tab.

This SLA provides Customers with certain rights and remedies regarding the performance of the Tierzero Network. The “Tierzero Network” means the Tierzero owned and operated Internet Protocol (IP) routing infrastructure consisting of selected Tierzero points of presence (POPs) and the connections between them. The Tierzero Network does not include Customer premises equipment or any Telco access facilities connecting Customer’s premises (or any Tierzero Colocation site, if applicable) to such infrastructure.

Availability Guarantee

Tierzero’s goal is to make the Tierzero Network available to Customer free of Network Outages 100% of the time. A “Network Outage” is an instance in which Customer is unable to transmit and receive IP packets due to a Tierzero Network (Tierzero data centers or facilities) outage for more than 15 consecutive minutes, excluding outages relating to Tierzero’s scheduled or emergency maintenance and upgrades or interruptions or degradations caused by access facilities, Telco lines or hardware not specifically provided or resold by Provider. A “Local Loop” failure is not a Network Outage. Upon Customer’s request, Tierzero will issue a credit to Customer for Network Outages occurring during any calendar month that are reported by Customer to Tierzero and confirmed by Tierzero’s measurements of the Tierzero Network. SUCH CREDIT WILL BE EQUAL TO ONE HOUR OF THE SERVICE CHARGES PAID BY CUSTOMER. CUSTOMER WILL NOT BE ENTITLED TO MORE THAN ONE DAY’S WORTH OF CREDIT FOR NETWORK OUTAGES IN A GIVEN DAY.

Limitation On Warranties, Remedies and Liability

Customer agrees that Tierzero’s services are provided “as is,” except to the extent provided below. Tierzero makes no warranties, express or implied, including but not limited to, any implied warranties of merchantability, fitness of the Tierzero Network for a particular purpose, title or non-infringement or any warranty arising by usage of trade, course of dealing or course of performance. In addition, Tierzero does not warrant that the Tierzero Network will be without failure, delay, interruption, error, omission, or loss of content, data, or information. Neither Tierzero nor its officers, directors, employees, affiliates or agents, or any other service provider or vendor who furnishes services, devices, or products to the customer for Tierzero’s service will be liable for unauthorized access to Tierzero’s or Customer’s transmission facilities or premises or equipment or for unauthorized access to, or alteration, theft, or destruction of, Customer’s data files, programs, procedures, or information through accident, fraudulent means, devices, or any other method, regardless of whether such damage occurs as a result of Tierzero’s or its service provider’s or vendors’ negligence. Statements and descriptions concerning Tierzero’s Network, if any, by Tierzero or Tierzero’s agents or installers are informational and are not given as a warranty of any kind. In no event will Tierzero, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services to Customer in connection with Tierzero’s Network be liable for any damages, including but not limited to personal injury, wrongful death, property damage, loss of data, loss of revenue or profits, or for special, incidental or consequential damages of any kind arising out of or in connection with Customer’s use or inability to use the Tierzero Network or a Network Outage. These limitations apply to claims founded in breach of contract, breach of warranty, product liability, tort, and any and all other theories of liability. These limitations apply whether or not Tierzero was informed of the likelihood of any particular type of damages. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to Customer.

TIERZERO’S TOTAL LIABILITY UNDER ITS AGREEMENT TO CUSTOMER WILL NOT EXCEED ITS SERVICE CHARGES TO CUSTOMER FOR THE AFFECTED TIME PERIOD. TIERZERO WILL NOT BE RESPONSIBLE FOR THIRD PARTY FEES OR CHARGES OF ANY KIND AND IS NOT LIABLE FOR ANY BUSINESS LOSSES RELATED TO USE OF SERVICE.

Latency and Packet Loss Over the Internet

Due to the public nature of the Internet, Tierzero does not guarantee or warrant latency or packet loss over the Internet.

Exceptions

Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the Tierzero Network caused by, or associated with: (A) circumstances beyond Tierzero’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of, or delay in, transportation, unavailability of, or interruption or delay in, telecommunications or third party services, failure of third party software, or inability to obtain raw materials, supplies, or power used in, or equipment needed for, provision of the Service Level Agreement; (B) failure of access circuits to the Tierzero Network, unless such failure is caused solely by Tierzero; (C) general Telco failure; (D) scheduled or emergency maintenance; (E) DNS issues outside the direct control of Tierzero; (F) outage or error of any Tierzero measurement system; (G) Customer’s acts or omissions, including without limitation, any negligence, willful misconduct, or use of the Tierzero Network or Tierzero services in breach of Tierzero’s Terms and Conditions and Acceptable Use Policy, by Customer, or others authorized by Customer.

Credit requests and Payment Procedures

Requests for credits must be made via email to Tierzero Billing at billing@tierzero.com. Each request in connection with a Network Outage must be received by Tierzero within seven days of the Network Outage. Notwithstanding anything in this SLA to the contrary, the total amount credited to a Customer in connection with Network Outages in any calendar month will not exceed the service charges paid by Customer for such month. Each validly requested credit will be applied to a Customer invoice within 2 billing cycles after Tierzero’s receipt of such request. Credits are exclusive of any applicable taxes charged to Customer or collected by Tierzero.

General

Tierzero reserves the right to change or modify this SLA to benefit the Customer, and will post changes to a Web site designated by Tierzero and made available to Customer. Except as set forth in this SLA, Tierzero makes no claims regarding the availability or performance of the Tierzero Network.

Service Level Agreement (SLA)

Tierzero (TZ) is committed to providing reliable, responsive and personalized service. To ensure our business priorities are aligned with our customers’ need for reliable service, Tierzero provides the following agreement to our valued clients subscribing to our fixed wireless business broadband products.

Summary of Service Levels:

  • Network Availability Target – 99.999 %
  • Network Latency Target < 25 MS round trip (Maximum) / Jitter 5ms Max, Target >1ms
  • Packet Loss Target < .5%
  • Response Target - 4-hour maximum response time to repair dispatch 24/7/365, unless non Tierzero equipment failure.
  • Service Level Coverage Boundary

This SLA covers the “Tierzero Network”. The Tierzero Network means the infrastructure and/or facilities that are under Tierzero’s direct control. All equipment owned by the customer and not managed by Tierzero are excluded from the Tierzero network. Any internal wiring within the customer premises is excluded from the Tierzero Network. To facilitate service level monitoring and verification, Tierzero maintains a test server (“Test Server”) at the outer boundary of each regional network. All performance measurements and references to Test Server shall refer to the Server at the boundary of each regional network.

Performance Verification

To ensure accurate testing, Tierzero will measure all performance verifications from the customer Network Interface to the Test Server. The customer LAN may be disconnected with prior notification, during the test to ensure that customer traffic does not affect the results.

Network Availability

For this service level agreement, “Unavailability” shall mean the total inability to transfer data from the Network Interface to a known operational IP address of Tierzero’s choice on a public network. A period of unavailability commences when a ‘trouble ticket’ is opened with Tierzero Support and Tierzero confirms the unavailability.

Tierzero’s goal is to ensure that the Tierzero Network will be available 100% of the time. Tierzero will measure the Network Availability Target based on the number of minutes that the Tierzero Network was unavailable during a given calendar month. If Tierzero determines that the Tierzero Network is unavailable to the customer (based on submitted trouble tickets) for one (1) or more cumulative hours during any calendar month, Tierzero, upon the customer’s request, will credit the customer’s next monthly invoice the prorated charges of one (1) day of the Tierzero service fee for each cumulative hour of unavailability. An outage lasting more than 24 consecutive hours in one month will result in a full month’s credit.

Chronic Outages

A Chronic Outage is considered to have occurred if the Tierzero service is unavailable for more than 24 consecutive hours, or if more than three (3) confirmed outages, each consisting of at least one hour of unavailability occurs within a 30-day period. Upon Tierzero's verification of the Chronic Outage condition, and within 30 days of Tierzero's notice of such verification to Customer, Customer may cancel service without early termination fees or other penalty by providing Tierzero written/email notice of its desire to cancel. Tierzero will then cancel the service immediately, or on the timetable Customer requests, and will credit Customer with any unused monthly fees for which the Customer has previously paid.

Network Latency

Our business networks are targeted to have Network Latency of 25ms or less within the Tierzero Network. Network Latency means the round trip packet transit time between a customer network interface and the Test Server as averaged over a 30-day period. If the Network Latency target is not met within a calendar month, Tierzero, upon the customer’s request, will credit the customer’s next monthly invoice the prorated charges of one (1) day of the affected Tierzero bandwidth service fee for each day the latency guarantee was not met. Many factors are included in latency such as internet congestion and issues. Tierzero will always work with its customers to ensure network latency does not cause any service interruptions or issues with quality of service of internet or other voice services. Tierzero can push repairs to other major carriers when the interconnection is the latency issue for its business clients.

Packet Loss

Packet loss means the average percentage of IP packets transmitted between all Tierzero base stations and the Test Server during a calendar month that are not successfully delivered. Packet Loss on the Tierzero Network is targeted not to exceed 1% during a calendar month. If the packet loss target is not met during a calendar month, Tierzero, upon customer's request, will credit the customer's next monthly invoice the prorated charges of one (1) day of the Tierzero bandwidth service fee. If packet loss becomes greater than 2% or is causing a
disruption in service for a period of more than 7 days and Tierzero cannot correct the issue the customer will be able to terminate agreement with no penalties. Packet loss exceeding 1% for a period of 8 hours will result in a full day’s credit. Packet loss for more than 2 hours in any follow day in the same 30 day cycle will result in a full days credit of service.

Priority Response

Tierzero takes any system issues that arise, very seriously. In the event of a problem with the service resulting in network unavailability, as defined above, Tierzero will make commercially reasonable efforts to respond to the outage within 2-4 hours of the customer’s opening of a trouble ticket. The response within 2-4 hours may include but may not be limited to a response to the customer’s request and Tierzero will begin addressing the issue with the utmost diligence and keep the customer informed of all updates and the status on repairs.

Telephone Services & Internet Services Liability

Under no circumstances, due to emergency or any other factor, will Tierzero be responsible for any loss of life, property or other damages relating to an outage of an alarm, phone service or error in 911 service processing. Tierzero’ only duties are to maintain the best uptime possible and repair in the fastest service period possible when an outage or issue is reported to Tierzero by the customer. Tierzero is not be responsible for any damages financial or otherwise resulting from loss of alarm, phone or internet service which includes loss of customers, clientele, revenue, sales or other sources of income. Tierzero's liability is limited to the single monthly cost of the service connection. Tierzero is not liable for any financial refunds for the entire contract length if the customer opts to end the contract early due to stipulations of non-performance in this SLA.

Additional Terms and Conditions

This SLA applies only to customers in good standing (paid current). Customers with delinquent accounts or past due balances do not qualify for service credits or priority response. Customers may not short pay invoices in expectation of receiving service credits. Unavailability does not include outages of less than one (1) hour. This SLA excludes outages, reduced bandwidth throughput and/or increased latency resulting from:

  1. Network maintenance
  2. Circuits provided by Telcos or other common carriers
  3. An external Internet supplier, Service Provider or an Internet exchange point,
  4. Customers network being compromised by unauthorized access
  5. Behavior of Customer equipment, facilities or applications, or
  6. Acts of God, civil disorder, natural cataclysm, terrorism, radio frequency interference or blockage or other occurrences beyond the reasonable control of Tierzero.

To request credits under this SLA, customers should email Tierzero Customer Support at care@tierzero.com or call (213) 784-1400 option 1 within 2 business days of the event.

Tierzero Acceptable Use Policy

This Acceptable Use Policy (“Policy”) sets forth provisions of acceptable use of Tierzero networks and services (the “Service”). Use of Tierzero networks and services signifies your agreement to abide by this Policy and all applicable laws and regulations in full, in addition to all terms and conditions of applicable agreements, and any additional policies that may be applicable to a specific service offered by Tierzero. Tierzero strives to provide its customers with the highest quality Internet service available, while at the same time respecting the standards that have been created both within the Internet community, and by legislation. To that end, inappropriate or abusive activities and conduct will not be tolerated on Tierzero networks. Tierzero reserves the right, at its sole discretion, to modify this Policy, or prices for the Service, and may discontinue or revise any or all other aspects of the Service from time to time, without notice. Users of Tierzero networks are encouraged to review this Policy often for changes or new information. Please send questions, comments, or complaints regarding this Policy to: abuse@tierzero.com.

You acknowledge that you have read this Policy and that you accept the terms thereof. YOU AGREE TO READ THIS POLICY CAREFULLY BEFORE USING TIERZERO NETWORKS AND/OR SERVICES. If you do not agree to this Policy, you may not access or otherwise use the Tierzero networks or services and must immediately contact Tierzero to close your account. Your continued use of the Service after changes are posted constitutes your acceptance of this Policy as modified by the posted changes. The updated, online version of this Policy shall supersede any prior version of this Policy that may have been included in any software or related materials provided by Tierzero. This Policy should be read in conjunction with any supplemental terms, policies, rules and guidelines posted on www.tierzero.com or in any other medium.

Duties

Each user is responsible for complying with this Policy, and for providing assistance to Tierzero in investigating and resolving any issue, as Tierzero may request from time to time. Additionally, Tierzero customers and users are required to determine the conditions of, and comply with, the acceptable use policies or equivalent documents of all network(s) which their data transits. Tierzero does not control the content of data traversing Tierzero networks; accordingly, Tierzero assumes no responsibility for the content of any data or communication that may be transmitted over Tierzero networks. You agree that Tierzero is not liable for content that is provided by others. Tierzero has no duty to pre-screen content, but has the right to refuse to post or to edit submitted content. Tierzero reserves the right to remove content for any reason, but is not responsible for any failure or delay in removing such material. Tierzero networks and services may only be used for lawful purposes and may not be used in any manner that violates any applicable local, state, federal or international law, order or regulation. You represent, warrant and covenant that you shall not engage in the transmission, distribution, dissemination, posting or storage of any data or material on the Tierzero network that is in violation of any applicable law or regulation. This includes, but is not limited to, material or data which:

  • Infringes any copyright, trademark, trade secret, or other intellectual property right.
  • Violates export control laws or regulations.
  • Violates any party’s confidentiality rights.
  • Constitutes use or dissemination of child pornography.
  • Is illegal or unlawful.
  • Alters, steals, corrupts, disables, destroys, trespasses or violates any security or encryption computer file, database or network.

YOU MAY NOT ENGAGE IN ANY OF THE FOLLOWING WHILE USING TIERZERO NETWORKS AND/OR SERVICES:

  • Any conduct which is inconsistent with generally accepted norms and expectations of the Internet community (whether or not detailed in this Policy). Tierzero reserves the right, in its sole discretion, to make a determination as to whether any particular conduct violates such norms and expectations;
  • Any conduct that restricts or inhibits any other user from using and enjoying the Tierzero network or services, including, but not limited to, use of a botnet, bruteforce attack, port scan, spam, virus, Trojan horse, lock, bomb, key, cancelbot, worm, and/or sending of harmful code or attachment;
  • Any conduct that could damage, disable, overburden, or impair Tierzero’s servers or networks, or interfere with any other party’s use and enjoyment of Tierzero’s networks and/or services;
  • Using Tierzero networks to transmit material that Tierzero, in its sole discretion, believes to be illegal, obscene, offensive, objectionable or inappropriate;
  • Forging of message headers or identity information in violation of relevant anti-phishing statutes, the Lanham Act, and/or the Federal Computer Fraud and Abuse Act, or taking any action with the intent of bypassing restrictions or limits on access to a specific service or site. This prohibition does not restrict the legitimate non-commercial use of pseudonymous or anonymous services;
  • Falsifying identity or contact information (whether given to Tierzero, to the Registrar, or other parties), including but not limited to, impersonating any person or entity and/or forging anyone else’s digital or manual signature.
  • Use of an IP address not assigned to you;
  • Any conduct which violates the acceptable use policies of Tierzero’s backbone providers.
  • Any conduct that redistributes or resells the Service to any third party via any means including, but not limited to, wireless technology; and/or,
  • Any conduct that involves the participation in, or otherwise facilitates, pyramid or other illegal soliciting schemes;
  • You are responsible for maintaining the security of any device connected to the Service.
  • Systems connected to Tierzero networks shall not be configured in any way which obscures system-identity information.
  • Proxy servers of any kind shall be configured so as to prevent unauthenticated use from the public Internet.
  • The use of Service for excessive outbound telesales or call center service is strictly prohibited.

ANY CONDUCT THAT INVOLVES THE USE OF AUTO DIALERS, PREDICTIVE DIALERS OR MESSAGE BROADCAST SYSTEMS IN CONJUNCTION WITH THE TIERZERO VOICE OVER IP SERVICE

TARGET OF ATTACK: IF A CUSTOMER IS THE TARGET OF AN ATTACK (DENIAL OF SERVICE OR SIMILAR), AND THAT ATTACK IS COMPROMISING THE STABILITY, SERVICE OR SECURITY OF TIERZERO SERVERS, ROUTERS, SWITCHES OR THE TIERZERO NETWORK, AT THE SOLE DISCRETION OF TIERZERO, TIERZERO MAY, WITHOUT NOTICE, TEMPORARILY OR PERMANENTLY DISCONTINUE SERVICE TO CUSTOMER BEING ATTACKED IN ORDER TO STOP THE IMPACT ON THE TIERZERO NETWORK. THIS APPLIES REGARDLESS OF WHETHER CUSTOMER CAUSED THE ATTACK.

Email Policies

YOU ARE PROHIBITED FROM ENGAGING IN IMPROPER USE OR DISTRIBUTION OF ELECTRONIC MAIL (“E-MAIL”). YOU ARE STRICTLY PROHIBITED FROM ENGAGING IN ANY OF THE FOLLOWING ACTIVITIES:

Sending unsolicited mass or commercial e-mail (“spamming”) for any purpose whatsoever.
Having third parties send out commercial emails on any user’s behalf. Using Tierzero facilities to receive replies from unsolicited emails (commonly referred to as “drop-box” accounts).

Configuring any email server in such a way that it will accept third party emails for forwarding (commonly known as an “open mail relay”). If a site has roaming users who wish to use a common mail server, the mail server must be configured to require some form of user identification and authorization.

Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.

Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Tierzero customers must be Closed-loop (“Confirmed Opt-in”). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to or from any Tierzero network is prohibited. Mass or commercial email may be sent only to recipients who have expressly requested receipt of such e-mails, by the sending of an email request to the person performing the mass or commercial mailings. This exchanging of requests, acknowledgements, and final confirmations (commonly referred to as a “double opt-in” process) must be adhered to in their entirety for any mass or commercial email to be considered “solicited” by Tierzero.

Users that send mass or commercial e-mail are required to maintain complete and accurate records of all e-mail subscription requests, specifically including the email and associated headers sent by every Customer, and to immediately provide Tierzero with such records upon request of Tierzero. Subscriptions that do not have a specific recipient generated email request associated with them are invalid, and are strictly prohibited. In the absence of positive, verifiable proof to the contrary, Tierzero considers complaints by recipients of e-mails to be de-facto proof that the recipient did not subscribe or otherwise request the e-mail(s) about which a complaint was generated.

Resellers and Downstream Service Providers

Resellers of Tierzero services are responsible for informing their customers of this Policy and for enforcing its restrictions with regard to their customers’ actions. Breach or non-compliance of this Policy by a customer or end-user or a reseller shall be considered a violation of this Policy.

You will be held responsible for any misuse of the Service that occurs through your account whether due to unauthorized access of your account by a third party, or due to the actions of any third party agent that acts on your behalf, or for your benefit. You must take the appropriate actions to maintain the security of your passwords and user information.

You must configure your system in a secure manner. Should your system be exploited by unauthorized persons, you are responsible for both reporting the violation (where applicable), and fixing the exploited system. For instance, should the security of a mail server be compromised to distribute unsolicited emails, you are responsible for immediately re-configuring the system to prevent further unauthorized use. Users are prohibited from interfering or attempting to interfere with services (“Denial of Service Attacks”), whether intentionally or through neglect, of any other user, host, or network. The prevention of “unintentional attacks,” such as infection and subsequent propagation of computer viruses, are the responsibility of every user: anti-virus software should be installed on every system which connects to Tierzero networks.

Users are prohibited from injecting, intentionally or negligently, false or unauthorized network control data into Tierzero networks, for instance in the form of incorrect routing or DNS information.

Reporting Obligations

You are responsible for immediately reporting to Tierzero any issue that could compromise the stability, service or security of any user or system connected to Tierzero networks.

Tierzero Spam Policies

YOU ARE PROHIBITED FROM ENGAGING IN IMPROPER USE OR DISTRIBUTION OF ELECTRONIC MAIL (“E-MAIL”). YOU ARE STRICTLY PROHIBITED FROM ENGAGING IN ANY OF THE FOLLOWING ACTIVITIES:

Sending unsolicited mass or commercial e-mail (“spamming”) for any purpose whatsoever.
Having third parties send out commercial emails on any user’s behalf. Using Tierzero facilities to receive replies from unsolicited emails (commonly referred to as “drop-box” accounts).

Configuring any email server in such a way that it will accept third party emails for forwarding (commonly known as an “open mail relay”). If a site has roaming users who wish to use a common mail server, the mail server must be configured to require some form of user identification and authorization.

Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.

Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Tierzero customers must be Closed-loop (“Confirmed Opt-in”). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to or from any Tierzero network is prohibited. Mass or commercial email may be sent only to recipients who have expressly requested receipt of such e-mails, by the sending of an email request to the person performing the mass or commercial mailings. This exchanging of requests, acknowledgements, and final confirmations (commonly referred to as a “double opt-in” process) must be adhered to in their entirety for any mass or commercial email to be considered “solicited” by Tierzero.

Users that send mass or commercial e-mail are required to maintain complete and accurate records of all e-mail subscription requests, specifically including the email and associated headers sent by every subscriber, and to immediately provide Tierzero with such records upon request of Tierzero. Subscriptions that do not have a specific recipient generated email request associated with them are invalid, and are strictly prohibited. In the absence of positive, verifiable proof to the contrary, Tierzero considers complaints by recipients of e-mails to be de-facto proof that the recipient did not subscribe or otherwise request the e-mail(s) about which a complaint was generated.

Resellers and Downstream Service Providers

Resellers of Tierzero services are responsible for informing their customers of this Policy and for enforcing its restrictions with regard to their customers’ actions. Breach or non-compliance of this Policy by a customer or end-user or a reseller shall be considered a violation of this Policy.

You will be held responsible for any misuse of the Service that occurs through your account whether due to unauthorized access of your account by a third party, or due to the actions of any third party agent that acts on your behalf, or for your benefit. You must take the appropriate actions to maintain the security of your passwords and user information.

You must configure your system in a secure manner. Should your system be exploited by unauthorized persons, you are responsible for both reporting the violation (where applicable), and fixing the exploited system. For instance, should the security of a mail server be compromised to distribute unsolicited emails, you are responsible for immediately re-configuring the system to prevent further unauthorized use. Users are prohibited from interfering or attempting to interfere with services (“Denial of Service Attacks”), whether intentionally or through neglect, of any other user, host, or network. The prevention of “unintentional attacks,” such as infection and subsequent propagation of computer viruses, are the responsibility of every user: anti-virus software should be installed on every system which connects to Tierzero networks.

Users are prohibited from injecting, intentionally or negligently, false or unauthorized network control data into Tierzero networks, for instance in the form of incorrect routing or DNS information.

Reporting Obligations

You are responsible for immediately reporting to Tierzero any issue that could compromise the stability, service or security of any user or system connected to Tierzero networks.

Tierzero Privacy Statement

Tierzero is committed to respecting and protecting your privacy. Tierzero provides this Privacy Statement to inform you of our Privacy Policy and practices, and of the choices you can make about the way your information is collected online and how that information is used. We’ve structured our websites so that, in general, you can visit Tierzero on the Web without identifying yourself or revealing any personal information. California Privacy Rights Pursuant to California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information we share with third parties or corporate affiliates for those third parties’ or corporate affiliates’ direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address:

California Privacy Rights Notice, Tierzero, 700 Wilshire Blvd., 6th Floor, Los Angeles, CA 90017

Information Collected by Tierzero Policy

It is Tierzero’s policy to collect only the personally identifiable information (information that identifies you individually) that is needed to provide the Services with the quality you desire and deserve.

Customers – If you are a customer of Tierzero, personally identifiable information may include your name, address, age, telephone numbers, account number, social security number, user IDs, passwords, email addresses, and other information as provided to Tierzero online or as a customer of Tierzero. Tierzero’s policy is to retain such information only as long as needed for business purposes or as the law may require. Tierzero takes reasonable steps to protect your account information from unauthorized access.

Website Visitors – When you access Tierzero’s website, access log information about your visit is automatically collected, including information such as the Internet Protocol (IP) addresses assigned (numbers assigned to your computer while online), bandwidth used, system and connection performance, browsers used, dates and times of access, and Internet resource requests, including requests to access web pages. Tierzero does not store emails sent and received unless left in a Tierzero account file. As explained below, Tierzero could be required by court order to disclose such information if left on its system.

Online Registrants – In visiting the Tierzero website, registration with Tierzero or participation in a contest, survey or online transaction may require certain personally identifiable information. When asking you for such information, you will be informed of how it will be used and you may elect not to participate.

Cookies – Tierzero, or a vendor that places advertising on Tierzero websites, may use “cookies” to collect information about your visit to the website and to manage information concerning your preferences. A “cookie” is a small computer code added to a file on your computer as a record of its visit. It does not collect or provide your name or any other personal information about you. It can, however, be used by the website that placed it to note information about your visit, such as your type of web browser, operating system and Internet Protocol (“IP”) address, to better tailor the site for you. It can also be used to recognize you when you log in as a registered user or as a repeat visitor returning to Tierzero’s website. This allows Tierzero to tailor its site by remembering you and any options you select. Tierzero may share non-personal information obtained from the varying kinds of cookies and web beacons (see below) with vendors, advertisers and others. You can control what cookies are accepted by your computer through the settings on your web browser or by deleting them from your files. Doing so, however, may limit the personalization available to you.

Third Party Cookies and Web Beacons – These forms of computer code are sometimes placed by advertisers or others with connection to a web page and may be read by the advertisement’s provider. They may use a form of code called a “web beacon” or “clear GIF.” These are usually contained in a transparent image on a page or in an image on an email message and serve as a way to gather information about your visit, such as your Internet Protocol Address and information or statistics about your visit. As with cookies, you can use your browser settings to control web beacons.

Advertisers and other Websites – Tierzero does not control the privacy policies of advertisers or of websites you may link to from Tierzero’s websites or by using its services. You should review their websites for questions about their Internet security and privacy.

Use and Sharing Use Policy – Tierzero considers any personally identifiable information received about you to be confidential, and it is Tierzero’s policy to use it only in providing its websites and internet services – from sales and installation, to operations, administration, advertising, marketing, support, network provision, maintenance, communications with you, billing, collection and in other ways related to its services. Tierzero may also use such information in dealing with fraud and unauthorized use of its services. Tierzero may associate personal account information with data from third parties about you or similar persons to better predict your product and service preferences for use in programming, advertising transactions and to market its services to you.

Aggregate Information – Tierzero uses aggregate information about its customers and website visitors for a variety of purposes. Such aggregate information does not identify individual customers. Tierzero may share such aggregate and related demographic information with third parties.

Retention Policy – Tierzero may retain personal customer information in its regular business records as long as someone is a customer or until no longer needed for business or legal purposes. Tierzero’s security measures for this information are discussed below.

Sharing Policy – Tierzero’s overall policy is not to disclose to others outside of Tierzero and its affiliates, vendors and business partners any personally identifiable information about its customers without their prior written or electronic consent. Tierzero does not sell or provide your personal information to parties unconnected with the services we provide without your permission.

Special Exceptions – Tierzero reserves the right to disclose personally identifiable information in its possession if Tierzero has a good faith belief that it is necessary to: (1) comply with the law or legal process served on us; (2) protect and defend its rights or property or those of others; (3) respond to fraud, abuse or unauthorized reception; (4) enforce this Policy, other policies, or related standards; or (5) act in an emergency to protect your safety or that of another. Tierzero may also share information if Tierzero sells or transfers all or a portion of the business operations, merge or combine with another organization.

Third Parties – Tierzero sometimes uses affiliates, vendors or third party partners in association with the provision of its Services and may provide personally identifiable information about users for such purposes. In providing such information, Tierzero requires that the outside party maintain at least the same level of confidentiality that is maintained by Tierzero for such information. In addition, any use by the vendor or third party may not exceed that needed to provide its Services.

Internet Communications – Unless addressed to Tierzero, email messages, instant messages, online chats, or the content of other online communications that reside on or pass through its Service are not read. Tierzero may however, retain and provide such communications if legally required to do so. Incoming and outgoing email messages are generally scanned electronically to identify and filter out likely spam and for viruses and related problems that could harm your equipment, the network or other users.

Law Enforcement Legal Requirements – As a provider of Internet communications services, Tierzero may receive legal requests for customer information from government and law enforcement personnel. Tierzero may also receive discovery requests in civil litigation. In all such cases, Tierzero’s policy is to cooperate as required by law, but to provide only such information as the law requires. This information is generally sought by subpoena served on Tierzero. Under current law, many criminal subpoenas require that Tierzero not disclose or notify you of the request. Tierzero disclaims any duty to notify you of receipt of any legal requests.

Copyright Infringement Claim Procedure – If you believe that specific content on the Tierzero network infringes upon your copyrighted materials, please provide Tierzero with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the allegedly infringing material is located on the Website, including the url’s of the particular web pages; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the use on the Website is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the foregoing information is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Tierzero’s Designated Agent for copyright claims can be contacted as follows:

Legal Department,

Tierzero, 700 Wilshire Blvd., 6th Floor, Los Angeles, CA 90017.

Please be advised that, pursuant to the Digital Millennium Copyright Act, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees.

Disclaimer of Warranties – You expressly agree that Tierzero, its parents, affiliates, subsidiaries, agents, officers, employees, representatives, successors and assigns, (collectively and individually referred to as “Tierzero”) is not responsible or liable for any content, act or omission of any third party including, without limitation, any threatening, defamatory, obscene, offensive, or illegal conduct, or any infringement of another’s rights including, without limitation, privacy and intellectual property rights, and you hereby release Tierzero for any such claims based on the activities of third parties.

THE SERVICE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. NEITHER TIERZERO, NOR ITS AFFILIATES OR ANY OF ITS SUPPLIERS OR LICENSORS, EMPLOYEES OR AGENTS WARRANT THAT THE SERVICE, WITHOUT LIMITATIONS, WILL BE UNINTERRUPTED; RELIABLE; AVAILABLE AT ALL TIMES; ERROR FREE; FREE FROM VIRUSES OR OTHER HARMFUL MALICIOUS AGENTS EVEN IF ANTI-VIRUS MECHANISMS ARE DEPLOYED; OR THAT ANY DATA OR ANY FILES SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME; OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. TIERZERO DOES NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, INCLUDING ANY SUPPORT SERVICES,WILL BE EFFECTIVE, RELIABLE, ACCURATE, OR MEET YOUR REQUIREMENTS. TIERZERO DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. TO THE EXTENT PERMITTED BY LAW, ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NEED ARE HEREBY EXCLUDED AND DISCLAIMED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A TIERZERO REPRESENTATIVE SHALL CREATE A WARRANTY.

Some states or local laws do not allow the exclusion or limitation of implied warranties, so some of the above exclusions or limitations may not apply to you.

LIMITATION OF LIABILITY – YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SERVICES. IN ANY EVENT, TIERZERO’S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE IMMEDIATELY PRECEEDING TWELVE MONTH PERIOD. YOU HEREBY RELEASE TIERZERO FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. FURTHER, TIERZERO IS NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING FROM OR RELATED TO YOUR BREACH OF THIS AGREEMENT.

Your sole and exclusive remedies under this Agreement are as expressly set forth herein. Some states or local laws do not allow the exclusion or limitation of implied warranties, so some of the above exclusions or limitations may not apply to you.

TIERZERO, ITS PARENTS, AFFILIATES, SUBSIDIARIES, AGENTS, OFFICERS, EMPLOYEES,REPRESENTATIVES, SUCCESSORS AND ASSIGNS COLLECTIVELY AND INDIVIDUALLY, (“TIERZERO”) SHALL NOT BE LIABLE FOR ANY COSTS OR DAMAGES, ARISING DIRECTLY OR INDIRECTLY, FROM THE USE OF THE SERVICE (INCLUDING E-MAIL) OR THE RELIANCE UPON THE SERVICE, EQUIPMENT FURNISHED BY TIERZERO, OR TIERZERO’S PROVISION OF TECHNICAL SERVICE AND SUPPORT FOR THE SERVICE EVEN IF SUCH DAMAGE RESULTS FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF A TIERZERO INSTALLER, TECHNICIAN, OR CUSTOMER SERVICE REPRESENTATIVE, INCLUDING ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,EXEMPLARY, SPECIAL, PUNITIVE OR DAMAGES, REGARDLESS OF WHETHER OR NOT TIERZERO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

Because some jurisdictions or states do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability, and the liability of Tierzero’s parents, suppliers, agents, or affiliates, shall be limited to the extent permitted by law.

Indemnity – Upon a request by Tierzero, you agree to defend, indemnify, release, and hold harmless Tierzero, its parent, its affiliates, and its respective employees, contractors, officers, directors, and agents from all liabilities, claims, demand, expenses, and damages, including costs and attorney’s fees, that arise from your conduct, use or misuse of the Service. Tierzero reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Tierzero assumes no responsibility, and you assume all risks regarding the determination of whether material or content is in the public domain, or may otherwise be used by you for purposes of intellectual property infringement.

You are solely responsible and liable for all material that you upload, posts, email, transmit, or otherwise make available via the Service, including, without limitation, material that you post to any Tierzero website or the website of a Tierzero affiliate, or any third party vendor’s service (e.g., newsgroups) that is used by Tierzero. Tierzero does not claim ownership that you submit or make available for inclusion on the Service. However, with respect to material you submit or make available for inclusion on publicly accessible areas of the Service, you grant Tierzero a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt,distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such works.

Choice of Law and Forum – THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES.

Severability, Integration and Waiver – This Policy and any supplemental terms, policies, rules and guidelines posted on www.tierzero.com, or in any other medium, constitute the entire agreement between you and Tierzero and supersede all previous written or oral agreements. The failure of Tierzero to exercise or enforce any right or provision of the Policy shall not constitute a waiver of such right or provision. If any part of this Policy is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Statute of Limitations – You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Termination – Your right to use Tierzero’s services and networks automatically terminates if you violate this Policy or any rules or guidelines posted in connection with www.tierzero.com. Tierzero also reserves the right, in its sole discretion, to terminate your access to all or part of Tierzero’s network or services, for any reason, with or without notice!

Tierzero Opt-Out Policy
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