WEBSITE HOSTING AGREEMENT
BY COMPLETING THE REQUIRED INFORMATION AT THE END OF THIS AGREEMENT,
CUSTOMER ACKNOWLEDGES READING THIS AGREEMENT AND ENTERING INTO A LEGAL,
BINDING CONTRACT WITH TIERRANET INC. (TierraNet)
1.

TierraNet Services. TierraNet agrees to provide the services described in the attached Detailed Description of
Services (Appendix A).

2.

Terms of Service. Customer agrees to abide by all applicable Terms of Service (
https://www.tierra.net/help/doc/policies/). With reasonable prior notice to Customer, TierraNet reserves the
right to change the Terms of Service from time­to­time, in order to accommodate the needs of its customers,
changing laws, and advancing technology.

3.

Payment. Customer agrees to pay TierraNet the amounts specified in the attached Detailed Description of
Services (Appendix A).

4.

Content Control. Customer will be solely responsible for creating, managing, linking, editing, reviewing,
deleting and otherwise controlling all text, pictures, sound, graphics, video and other data for Customer's
Website and all user­generated content which is provided on the Website (collectively the "Content"). TierraNet
is a conduit only, and Customer has complete discretion of the Content, subject to the attached TierraNet
Policies.

5.

Uploads and Backup. Customer is solely responsible to upload the Content directly to the Website. Customer
is solely responsible to maintain a complete and current copy of the Website at a location remote from
TierraNet.

6.

Ownership Rights and Licenses. Customer is the owner of Customer's Domain Name (if applicable) and all of
Customer's Content. TierraNet is the owner of TierraNet' s Domain Name. Customer grants to TierraNet, in
conjunction with Customer's Website only, a nonexclusive, nontransferable royalty­free, worldwide license to
reproduce, distribute, publicly display, and digitally perform the Content and the tools and work product (such
as the HTML, Java applets, CGI scripts, and ActiveX controls) for Customer's Website. Customer and
TierraNet each grant to the other a nonexclusive, nontransferable, royalty­free, worldwide license to use the
other's Domain Names, trademarks, service marks, trade names, logos, or other commercial designation for
purposes of creating content directories or indexes and for marketing and promoting the Website. The licensing
rights granted in this paragraph will automatically terminate with the termination of TierraNet's service for
Customer.

7.

Term. The initial term of this Agreement shall be for 12 month(s). This Agreement shall automatically renew
for a similar term thereafter, until terminated by either party with 30 days prior notice.

8.

Termination for Cause. Customer and TierraNet shall each have the right to terminate this Agreement in the
event of any material breach of this Agreement, or breach of the TierraNet Policies. Prior notice and right to
cure may or may not be given, depending on the severity of the violation. For example, if Customer violates a
law, no prior notice or right to cure will be required.

9.

Referrals Following Termination. If Customer is required to move its Domain Name following any
termination of this Agreement, TierraNet will, for a period of 30 days, maintain the Website's URL. At such
URL, TierraNet will provide one Web Page (including a hypertext link) that Customer may use to direct its
users to its new Website or other URL of Customer's choosing. However, TierraNet will have no obligation to
provide such referral if TierraNet reasonably believes Customer was engaged in illegal activities on the
Website.

Initials: _____

10. TierraNet Warranties. TierraNet represents that it will provide the quality and quantity of services specified in
the Detailed Description of Services (Appendix A).
11. Customer Warranties. Customer represents that it will not post, upload, display, or otherwise distribute on the
Website any Content that: (a) infringes on any copyright or patent rights of any third party; (b) violates any law
or regulation, including without limitation the laws and regulations governing export control; (c) is defamatory
or trade libelous; (d) is pornographic or obscene; (e) contains viruses, Trojan horses, worms, time bombs,
cancelbots, or other computer programming defects which are intended to damage a user's system or data; or (f)
violates the TierraNet Policies.
12. Disclaimer of Warranties. EXCEPT AS SET FORTH HEREIN, TIERRANET AND CUSTOMER EACH
EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED,
INCLUDING
WITHOUT
LIMITATION
THE
IMPLIED
WARRANTIES
OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
13. Indemnification. Customer and TierraNet each agree to indemnify, defend and hold harmless the other from
and against any third party claim, action, suit, or proceeding arising out of the inaccuracy of any respective
representation stated in paragraphs 11 and 12 above. Such indemnity shall apply to all losses, damages,
liabilities, and reasonable attorney's fees and costs incurred by the party receiving the benefit of this paragraph.
14. Limitations on Liability. Except for each party's respective indemnity obligations in section 13, in no event
shall either party be liable for any special, incidental or consequential damages, or for interrupted
communications, lost data or lost profits, arising out of or in connection with this Agreement.
15. Miscellaneous Provisions.
a. This Agreement will be governed by California law without giving effect to principles of conflict of laws.
Both parties agree to submit to jurisdiction in California, and that any action brought regarding the
enforcement or interpretation of this Agreement shall be filed in San Diego County, California. The
prevailing party in any action will be entitled to reasonable attorney's fees and costs.
b. If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions
shall remain in full force and effect.
c. The waiver of any breach of this Agreement will not operate as a waiver of any other or subsequent breach.
d. This Agreement, including Appendix A and B, constitutes the entire understanding and agreement between
TierraNet and Customer. This Agreement may only be amended in writing acknowledged by both parties.
e. The parties to this Agreement are independent contractors, and no agency, partnership, joint venture, or
employer­employee relationship is intended or created. Neither party shall have the power to obligate or
bind the other.
f. Any notices required or permitted hereunder may be given by electronic mail or fax if receipt is confirmed
by the recipient, or if the notice is also sent by first class mail. Notice will be deemed given on the date the
electronic mail is sent.
Customer agrees to be bound by this Website Hosting Agreement with TierraNet by signing and dating
below, and initialing Appendix A and Appendix B. Subscriber also authorizes TierraNet Inc to bill
Subscriber as described below.
TierraNet reserves the right to reject this Agreement by notifying Customer by email within 96 hours of
receipt of this Agreement. Customer will receive a 100% refund if the Agreement is rejected.
By: _____________________________________

By: _____________________________________

Title: ____________________________________

Title: ____________________________________

Date: ____________________________________

Date: ____________________________________

Initials: _____

Billing information
Domain name:
Name:
Address:
Address:
City, State, Zip:
Phone/Email/Pager (Administrative):
Phone/Email/Pager (Technical):
Phone/Email/Pager (Technical) #2:
Phone/Email/Pager (Billing):
Fax:

o

Charge my credit card (Visa, MasterCard, American Express, or Discover)
Account Number: __________________________________________
Expiration Date: ____________________________________________
CCV Security Number:_______________________________________
Name on Credit Card: ________________________________________

o

Directly bill me monthly.
P.O. Number: _______________________________________________
(please include a copy of P.O. if applicable)

Remittance address
Please send all purchase orders, payments, and billing inquiries to:
TierraNet Inc.
P.O. BOX 502010
San Diego, CA 92150­2010

Initials: _____

DETAILED DESCRIPTION OF SERVICES
(Dedicated Server)
Appendix A

Non­refundable Setup fee
Server
TierraNet­owned system
Dual Xeon Quad Core 2.33Ghz, 4GB RAM
72GB SCSI 15K RAID HDD
Linux Operating System (available SSH access)
24/7 site monitoring w/email and paging
100Mbps connection to one of TierraNet’s backbone routers
Weekly full backup; daily incremental backup
500GB of traffic per month
Additional Bandwidth
Additional Package (without Miva Merchant)
Additional Package (with Miva Merchant)

Plan A
$100
$349.95/mo

Included
$9/GB
$2/month
$30/month

1.

Bandwidth is measured by a TierraNet backbone router or by the TierraNet statistics system. TierraNet will
make utilization graphs available throughout the time period.

2.

Monthly fees and bandwidth are billed monthly after each period, and are due within 30 days. Service is subject
to cancellation after invoices become 60 days overdue.

3.

Root + telnet access to server with full control of configuration files. In this configuration, TierraNet provides
basic configuration assistance in setting up webserver, pop server, smtp server, ftp server, etc. No assistance is
provided to install or maintain 3rd­party software. TierraNet’s customized control panel system is NOT
provided. Customers who have little/no programming/Unix experience should not choose this configuration.

*** Upgrades and other server configurations are available by arrangement at a later date ***

Initials: _____