Terms of Service
This page lists our Terms of Service Agreement. Each of our customers must agree to these terms.
- 1. AGREEMENT
- 2. RECURRING FEES FOR WEB HOSTING SERVICE
- 3. FREE DOMAIN NAME WITH WEB HOSTING SERVICE
- 4. WEB HOSTING SERVICE CANCELLATION
- 5. WEB HOSTING SERVICE GUARANTEE
- 6. FEES FOR "DOMAIN NAME ONLY" SERVICE ARE NON-REFUNDABLE
- 7. ACCOUNT OWNERSHIP AND CONTACT INFORMATION
- 8. NO SPAM
- 9. NO ILLEGAL ACTIVITIES
- 10. NO PORNOGRAPHIC OR VIOLENT CONTENT
- 11. NO DEFAMATION, DENIGRATION OR HARASSMENT
- 12. VIOLATIONS
- 13. ANTIVIRUS SCANNING DISCLAIMER
- 14. DATA BACKUP DISCLAIMER
- 15. WHOIS PRIVACY DISCLAIMER
- 16. BANDWIDTH AND OTHER RESOURCE LIMITS
- 17. DOMAIN NAME AGREEMENTS
- 18. DOMAIN NAME REGISTRATION THROUGH PARTNER COMPANIES
- 19. GOVERNING LAW
- 20. SEVERABILITY
- 21. REFUSAL OF SERVICE; ADDITIONAL TERMS
- 22. LIMITATION OF LIABILITY; NO WARRANTIES
In this Terms of Service Agreement ("Agreement"), "you" and "your" refer to the customer; "we", "us" and "our" refer to Tiger Technologies LLC; and "services" refers to our Web hosting and domain name registration services. You agree to be bound by this Agreement, and any modifications to this Agreement that we post on our Web site, as long as you continue to use the services.
2. RECURRING FEES FOR WEB HOSTING SERVICE
If you purchase Web hosting service from us, your service continues until you cancel it using the account management control panel, and you agree to pay us the applicable fees each month until you do so.
You will be billed for the prior month's service on the first day of each calendar month (the "due date").
If you owe a balance and we have a credit card on file for your account, the card will be charged on the due date. If the credit card on file expires and you do not respond to notices asking you to update it, we may automatically update the expiration date of that card.
If you owe a balance and you pay by check, money order or PayPal, your payment must reach us by the due date.
If payment is not received within 10 days of the due date (for example, if your credit card company declines to authorize a charge to your credit card and you do not provide alternate payment within 10 days), we may suspend your use of the services until payment is made. Accounts that are more than 30 days past due will be permanently closed, and a $50 reactivation fee will apply to reopen them.
3. FREE DOMAIN NAME WITH WEB HOSTING SERVICE
For each Web hosting account that uses a domain name ending with .com, .net, .org, .us, .biz, .info, .co.uk, .me.uk, or .org.uk, we will provide free registration and renewal for that domain name with the ICANN-accredited domain registration company of our choice as long as your account remains in good standing. However, we cannot provide free domain name registration or renewal if you choose to use a different domain name registration company yourself, or if you begin to transfer an existing domain name to our service but fail to complete the standard ICANN domain name transfer process.
4. WEB HOSTING SERVICE CANCELLATION
You may cancel your recurring Web hosting service at any time by logging into your account management control panel. There are no cancellation charges, except:
a. If you want to convert your account to "domain name only" service (so you can continue using the domain name itself, such as with another Web hosting company), we will charge a prorated "domain name only" fee for the remainder of the most recent domain registration year we provided. (We provide a year when you register a new domain name or transfer an existing domain name to us, and we thereafter provide an additional year each time your domain is due to expire.) For example, if you canceled your Web hosting service after nine months and wanted to switch your account to "domain name only" service, you would be charged 25% of the annual "domain name only" fee to cover the remaining three months until the domain name expires.
b. If you cancel more than three separate Web hosting accounts after using them for less than 60 days, we will charge the standard annual "domain name only" account fee to cover the costs we incur for registering multiple unused domain names on your behalf, even if you do not intend to use the domain names elsewhere.
5. WEB HOSTING SERVICE GUARANTEE
We guarantee 99.9% uptime or better for Web hosting service. If your Web site or e-mail is not available to the public at least 99.9% of the time in any given month, we will, upon request, refund the service fee for the period that your site was inaccessible.
6. FEES FOR "DOMAIN NAME ONLY" SERVICE ARE NON-REFUNDABLE
If you purchase a domain name without Web hosting service, it is not technically possible for us to cancel or modify a domain name after it is registered or renewed. We cannot offer a refund if you change your mind or realize you made a typographical error. You agree to verify that you have spelled your domain name correctly, and that you actually want to register the name you have typed, before finalizing your order.
7. ACCOUNT OWNERSHIP AND CONTACT INFORMATION
Our order form and account management control panel allow you to specify contact and ownership information for your account and domain name. You agree to use the control panel to ensure that we have current valid contact and ownership information on file at all times.
a. You must specify an "Administrative Contact" person's name. This person is the representative of the legal owner and is responsible for day-to-day operation of the account. This person has the power to ask us to reset the password or perform other security-sensitive tasks.
b. You may optionally specify a separate "Legal Owner Contact". (If you do not specify a separate legal owner, the legal owner is the person or organization listed as the administrative contact.) This person or organization owns the rights to the account and is the "Registrant" referred to in the domain name agreement. The legal owner can replace the administrative contact. If we receive conflicting instructions from the administrative contact and the legal owner, we will follow the legal owner's instructions.
c. You may optionally specify a separate "Billing Contact". This is the person who pays for the account. A separate billing contact can perform billing tasks, such as asking us for copies of past invoices and updating the account credit card, but does not have any legal rights to the account or domain name (for example, he or she cannot update any other contacts or reset the password).
d. Our order form and control panel also allow you to enter an optional company or organization name for the legal owner. You agree to use that option to indicate whether the account and domain name are owned by an individual or by a company/organization:
i. If you do not enter a company or organization name for the legal owner, the listed person owns the rights to the account and domain name as a private individual.
ii. If you enter a company or organization name for the legal owner, that company or organization owns the rights to the account and domain name, even if the listed person leaves the company or organization.
e. Modifying the legal owner to specify a new company, organization, or individual constitutes a change of ownership for the account and a change of registrant for the associated domain name, if any. Such changes may be made only with the consent of both the existing legal owner and new legal owner, and both parties agree to maintain written evidence of such consent and provide it to us in the event of a dispute. The new legal owner also agrees to be bound by all the terms and conditions of this Agreement. If a change of ownership is attempted without the verifiable written consent of both the existing legal owner and the new legal owner, or if the new legal owner fails to agree to be bound by the terms and conditions in this Agreement, the attempted change of ownership will be invalid and void, and will not take effect.
8. NO SPAM
We do not permit our customers to send or use unsolicited bulk messages, commonly known as "spam".
"Unsolicited bulk messages" are substantially similar deliveries sent to multiple recipients who do not personally know you (other than confirmation messages sent to people who have engaged in a transaction with you), unless you can prove that each recipient has directly given you or your organization explicit verified prior consent to send such messages; OR any discussion group message that primarily promotes your interests without contributing to an ongoing discussion (except in the case of messages to groups with a charter or FAQ that specifically encourages "announcements" related to your topic). The definition includes messages sent through our servers or through any other servers.
a. You may not send unsolicited bulk messages (even if you obtained the list of recipients from a third party who claims they are "opt-in"), nor knowingly allow others to send unsolicited bulk messages on your behalf.
b. You may not engage in activities that are likely to cause our computer systems to be added to antispam blacklists such as the Spamhaus Project, or that increase the likelihood that another organization will treat mail from our servers as "spam".
c. You may not provide support to others who send unsolicited bulk messages (for example, by offering e-mail addresses or bulk mail software for sale).
d. You may not violate any laws regulating spam, including those listed at SpamLaws.com.
e. You may not have engaged in these prohibited activities previously, either with our company or elsewhere.
f. If you wish to operate a legitimate mailing list (i.e., you wish to send bulk messages to recipients who have consented to receive them), your mailing list must conform to accepted spam prevention guidelines such as those detailed at SpamCop and abuse.net. In particular, you must demonstrate that your mailing list only sends messages to people who have explicitly given your organization prior consent to send them such information; you must verify each subscription request using a "confirmed opt-in" (sometimes called "double opt-in" or "closed loop confirmation") method to ensure that nobody can subscribe an address without the permission of the person at that address; you must permanently maintain records of the verification date and IP address (or similarly reliable method) for each recipient; you must include plain text unsubscribe instructions in each message; and you must promptly and permanently stop sending to any address that unsubscribes, "bounces" with a permanent error, or files any type of "spam" report. (If you use the Mailman mailing list software we provide, it meets these guidelines and automatically maintains the necessary records for all recipient-initiated subscriptions.)
g. If you plan to operate a mailing list but do not intend to use the software we provide to verify subscriptions, you must obtain our permission in advance.
h. If a dispute arises as to whether a recipient "opted in" to a legitimate mailing list for which you are required to maintain the verification records, you agree to provide us on request with a complete copy of the records for all mailing list recipients within one business day so we can resolve the issue while maintaining the complainant's privacy. At our discretion, we may suspend your ability to use the services until you provide us with these records.
i. In addition to the other rules, you may not send messages to any e-mail list that generates more than a 0.3% complaint rate, which is the level that some large ISPs (including AOL and Hotmail) consider a problem.
By way of example, note that this section of the Agreement prohibits sending e-mail messages to a list of addresses you obtained from a third party or compiled from public sources such as Web pages.
As another example, this section also prohibits promoting your Web site by posting messages to Usenet newsgroups, unless that newsgroup's charter specifically allows such announcements or you are legitimately participating in active discussions that include other people ("legitimately participating" means posting messages that go beyond simple promotion).
Further examples and discussions of our anti-spam policies are available on our spam policy page, which you agree to abide by when sending messages to any mailing list.
9. NO ILLEGAL ACTIVITIES
You may not use our services to infringe the intellectual property rights of others, to sell products or services that cannot be legally sold and shipped within the United States, to distribute information intended to enable or encourage illegal activities, to attempt to gain unauthorized entry to any computer system or distribute information describing how to do so, or to perform other illegal activities.
10. NO PORNOGRAPHIC OR VIOLENT CONTENT
You may not use our services to publish pornographic material, material of a predominantly sexual nature, or material of a violent nature. You also may not publish information that endorses or encourages acts of violence.
11. NO DEFAMATION, DENIGRATION OR HARASSMENT
You may not use our services to defame others; nor to denigrate or harass private individuals; nor to denigrate or harass groups of people identified by race, religion, national origin, gender, sexual orientation, disability, or other protected class under California or U.S. anti-discrimination laws.
If we believe, at our sole discretion, that you have violated the NO SPAM, NO ILLEGAL ACTIVITIES, NO PORNOGRAPHIC OR VIOLENT CONTENT, or NO DEFAMATION, DENIGRATION OR HARASSMENT provisions of this Agreement, we will terminate your use of the services without warning.
13. ANTIVIRUS SCANNING DISCLAIMER
Our Web hosting service attempts to scan all incoming e-mail to prevent viruses from reaching your mailbox. However, no virus scanning system can guarantee that it will always detect every possible virus. For example, new viruses may be released that our system cannot yet detect, or we may be forced to disable the scanning software if it interferes with prompt mail delivery. We therefore recommend that you also use your own antivirus software, and you agree that we will not be liable for the failure of our system to detect any virus.
14. DATA BACKUP DISCLAIMER
We attempt to make daily backups of customer data to guard against data loss. However, this is not a substitute for your own backup system. We do not guarantee that it will be possible to restore information that has been deleted or damaged, and we charge a fee to restore information that has been deleted or damaged due to customer error. For these reasons, you agree to maintain your own copy of all data stored on our servers (including files and database contents), and you agree that we are not liable for any loss of data if you fail to maintain your own copy.
15. WHOIS PRIVACY DISCLAIMER
To increase your privacy, by default we will usually use an altered copy of your contact information for display in the WHOIS records. The altered information lists our company as a forwarding agent, which meets the ICANN requirement of providing valid contact information for your account but protects some of your personal details. Specifically, your postal address and telephone number are replaced with our own, and your direct e-mail address is replaced with a special spam-filtered forwarding address. Your name or organization name are not masked by default, ensuring that your name is shown as the legal registrant of the domain name.
This feature provides basic privacy protection, but does not guarantee complete privacy. In particular, you should be aware that it may not be available for some accounts, that we may release your direct contact information to parties who claim to have a legitimate need to contact you for legal reasons (such as law firms alleging copyright or trademark violations), and that the feature may be disabled at our sole discretion for any reason (including but not limited to violations of the terms of this Agreement).
If your account uses this WHOIS privacy feature, non-registered mail sent to you at our postal address will be discarded. If we receive registered postal mail (such as legal notices) for you, we will attempt to forward such mail to the postal address we have on file for your account and notify the sender of your direct address for future mailings, but you agree that we are not liable if forwarded mail fails to reach you for any reason.
If you are unwilling to accept the risk of misdirected mail from people trying to contact you via the public WHOIS records, or you wish to have your unaltered contact information displayed in the WHOIS records for any other reason, you can use the account management control panel to disable the WHOIS privacy feature for your account.
16. BANDWIDTH AND OTHER RESOURCE LIMITS
Our Web hosting service includes "unmetered bandwidth", meaning we do not charge extra fees for high bandwidth usage. For extremely busy sites, speed restrictions may limit how much data can be transferred in a given period of time, as described on our bandwidth policy page.
Limits also apply to other resource usage, including CPU, memory, and disk usage. These are shown in the "Server Resource Limits" section of our script policy page.
In addition, your account must not cause problems for our network or other equipment. We may restrict or terminate your service in the event of abnormal usage that interferes with our ability to provide service to other customers (including “denial of service” attacks by others against you).
17. DOMAIN NAME AGREEMENTS
The following documents are incorporated by reference herein: "Agreement for .com, .net, .org, .info, and .biz Domain Names", "Agreement for .uk Domains", and "Agreement for .us Domain Names". If you use our domain name services, you agree to the terms of the appropriate document for your domain name.
18. DOMAIN NAME REGISTRATION THROUGH PARTNER COMPANIES
Tiger Technologies is an ICANN-accredited domain name registrar, but we may occasionally use a separate ICANN-accredited registrar partner company to register or renew certain domain names. If we do so, you agree that we may subsequently act on your behalf to initiate and approve a registrar transfer from the partner company to our company, making us the direct registrar.
19. GOVERNING LAW
This Agreement shall be governed by California law, and any dispute resulting from this Agreement is subject solely to the jurisdiction of California courts. In the event of legal proceedings, the prevailing party shall be entitled to recover reasonable expenses from the other party, including attorney's fees.
If any provision of this Agreement is declared invalid or unenforceable, that provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining provisions will remain in full force and effect.
21. REFUSAL OF SERVICE; ADDITIONAL TERMS
We reserve the right to refuse or terminate service for any reason.
We also reserve the right to specify additional terms under which we will provide service. For example, we may require additional payment guarantees from some customers before processing an order.
22. LIMITATION OF LIABILITY; NO WARRANTIES
Our services are provided on an "as-is" basis. Our entire liability and your exclusive remedy with respect to any services provided under this Agreement or any breach of this Agreement is solely limited to the amount you paid for the services. Under no circumstances shall we be liable for any direct, indirect, incidental, special or consequential damages resulting from the use of or inability to use the services (even if caused by error, omission or negligence on our part, and even if we are advised of the possibility of such damages); nor shall we be liable for the cost of substitute services.