This policy represents the Tranquilnet terms of service (“TOS”) in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all Tranquilnet customers agree to when they sign-up for any of the Tranquilnet hosted services (“the service”). These hosted services include, but are not limited to:
- Hosted VoIP Phone System
- Hosted Cloud and Dedicated Servers
- Hosted Web and Email Services
Tranquilnet reserves the exclusive right to change, amend or revise any portion of this TOS policy at any time, with or without written notice to our customers. Customers using any services offered by Tranquilnet agree to be obligated by and must comply with all policies in this TOS or must otherwise opt out of and cancel their web hosting service with Tranquilnet. Tranquilnet retains the sole discretion to make judgment regarding any violation by any Tranquilnet customer and may take action against any customer deemed to be in violation of these terms including the cancellation of any customer’s services without refund and/or, if deemed appropriate, be legally prosecuted.
In consideration for Tranquilnet maintaining one or more accounts (each “account”), you, as the Tranquilnet customer, agree to the following terms of service.
Disclaimer of Warranty
Hosted services rely on a complex network of hardware, software, network services and providers of information. Due to the need for an aggregate of all of these providers and service companies working properly, not all services may be available to you at all times.
Tranquilnet however, offers a 99% uptime guarantee. This is valid for only the Tranquilnet servers and our primary co-location internet connection. Tranquilnet shall pursue partnerships with all tier-1 resources and channels available to maintain maximum uptime, however, Tranquilnet is not responsible for any down time caused by any provider’s hardware or network malfunction which is outside of Tranquilnet’s capability to directly correct. Tranquilnet’s clients are diverse and their hosted services are diverse and Tranquilnet cannot be held responsible for any service interruption due to a client’s error, including but not limited to spamming, the target of a DDOS attack, or any other internet or cyber-attack.
Tranquilnet makes no express or implied warranties (including but not limited to warranties of non-infringement, merchantability or fitness for a particular use) with respect to the services it provides. Neither Tranquilnet nor anyone else involved in the provision of service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of Tranquilnet, even if Tranquilnet has been advised to the possibility of such damages.
Limitation of Liability
In no event shall Tranquilnet be liable for any indirect, incidental, punitive or other consequential damages (including, without limitation, lost profits and damages related to corruption or deletion of website contents, email data, file data, voicemail recordings and or database contents) arising out of or in relation to this agreement or your use or inability to use Tranquilnet’s Services (including, but not limited to, inoperability of Tranquilnet’s Servers), regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if Tranquilnet has been advised of the possibility of such damages. In no event shall Tranquilnet’s Maximum liability exceed the total amount paid by you to Tranquilnet for the services during the prior twelve (6) months. To the extent applicable local law does not allow the limitation of liability for consequential or incidental damages, Tranquilnet’s Liability is limited to the extent permitted by law.
You agree to indemnify, defend and hold Tranquilnet and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, dispute or demand related to your use of the services, your violation of any of the provisions of this agreement or from your placement or transmission of any materials or content onto Tranquilnet’s Servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to Tranquilnet’s Equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the services, unless such injury or property damage is caused solely by Tranquilnet’s Gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.
Choice of Law
This agreement shall be interpreted under the laws of the state of California without regard to any conflict of law’s provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venued in the superior court of the state of California, county of San Diego. The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.
Services Provided by Tranquilnet
Tranquilnet will provide the service to its members for the express purpose of allowing customers to provide internet voice communications and data content internally and to the general public. The service allows Tranquilnet members to maintain internet websites, receive and maintain e-mail accounts, access files and data and send/receive voice communications. Tranquilnet members will use the provided services in a manner consistent with any and all applicable laws. Tranquilnet provides the services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such services. Tranquilnet reserves the right to refuse service to potential and/or existing customers to protect its existing paying customers. If any of the below violates are committed, Tranquilnet can terminate client’s account without notification.
Tranquilnet provides timely service support to our clients through emails, web sites and phones. By accepting your client contract agreement with Tranquilnet you agree not to abuse whether verbally or physically or whether in person, via email, web site or telephone or otherwise (a) any other customer of Tranquilnet and any employee or contractor of Tranquilnet.
- Client Content: Client agrees that web pages and files, including voice recordings, uploaded to servers will not violate any state, national or foreign laws or regulations; infringe on any intellectual property rights of Tranquilnet or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to Tranquilnet or any third party. Customers may not run IRC, bots or clients. Clients may not use Tranquilnet servers for file storage unrelated to the client’s web site, storage space is for active web site file pages only. Tranquilnet’s shared hosting account holders may not act as a reseller, which means that clients may not host any web sites in their add-on domains that are not domains owned by the client on record at Tranquilnet You will need to opt-in for our reseller hosting service. Unacceptable uses also include: bulk unsolicited emailing, unsolicited e-mailings, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted mp3, copyrighted music, copyrighted video, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, proxy(ies) and image/file sharing web sites. Tranquilnet will be the sole and final arbiter as to what constitutes a violation of this policy. Tranquilnet does not normally monitor the contents of clients servers, however if suspicion occurs, Tranquilnet reserves the right to investigate and terminate the clients subscription to the service.
- Unlimited features: What do you mean by “unlimited disk space and bandwidth/data transfer”? We do not set limits on the disk space and bandwidth (data transfer) that we provide in plans that are marked “unlimited”, however disk space use is reserved for web site files only and does not apply for backup of content or content storage other than the content of the client’s active web site files. We want you to have the resources available to you to build a great online presence.
Even though we want you to succeed, we need to ensure that we’re providing all of our customers with optimum service. As such we do require all of our customers to be fully compliant with our excessive resource user policy/terms of service and utilize disk space and bandwidth related to normal operation of a personal or small business web site.
If a customer’s hosting account is found to have violated the client content, excessive resource user policy and/or is storing files for archiving purposes, the contents will be removed and while we make best effort to contact customers beforehand, can occur without notice.
- Excessive resource user policy: Clients who are using in excess of their agreed upon limits must upgrade their service. If the customer decides to not upgrade their service, they may be in violation and subject to suspensions until they choose to upgrade to the larger resource use plan.
- No “spam”: UCE/UBE or “spam” originating from a server located on our network or associated with a Tranquilnet server is not tolerated. This includes any e-mail that promotes web sites hosted on a server located on the Tranquilnet network but is sent from an e-mail address not associated with that Tranquilnet account. Client shall not use their Tranquilnet services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Tranquilnet reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice.
- Excessive exploits Tranquilnet allows 3rd party scripts to be uploaded/installed from our auto-installer or manually (those scripts that are/aren’t included in the auto-installer) on your web hosting account. It is the responsibility or our web hosting clients to maintain the latest exploit free version of the scripts. If a script that our web hosting clients uploads to our servers is found to have security lapses and allows a third party to “hack”, “exploit”, “deface” their site(s) it is the responsibility of our clients to either remove that script or Tranquilnet reserves the right to terminate that clients’ account and provide them with a prorated refund.
- False information: Customer agrees not to post false or inaccurate information to news groups in violation of the news groups rules and regulations. If any news groups or service provider contact Tranquilnet concerning unethical, false or unlawful activities by you, Tranquilnet reserve the right to suspend or terminate your service with or without notice.
- Licensed software only: Client agrees to use only properly licensed third party software in connection with client’s use of the services.
- Back-up files: Tranquilnet provides the tools needed to create backups of account data. It is the responsibility of the customer to keep up-to-date archives of their backed up data. Tranquilnet does not provide or keep records or copies of our clients web site files for customer use and is not responsible for any loss of data.
Payment, Renewal, Cancellations
You warrant and represent that the information you supply in the order form (or other information that Tranquilnet may require) is accurate and truthful. All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your account will be suspended. It is the client’s responsibility to ensure that payment is made to Tranquilnet prior to the renewal date and although Tranquilnet sends renewal notices to our customers prior to their renewal date, because of the ability for a customer to change their contact email addresses without notifying Tranquilnet, the customer is ultimately responsible for remembering their renewal date and to make sure payment is made upon the renewal.
- Renewals: Your account will be automatically renewed under the same time and fee structure unless you give written notice to Tranquilnet thirty (30) days before the renewal date that you do not wish to renew or make changes to such account. For accounts who used a coupon upon their initial purchase to reduce the cost of signing up with Tranquilnet those coupons are good for only the initial purchase and initial activation of the customers’ account and the coupon is not applied to the renewal of their customer account.
- Late fees: Clients have the option to pay an invoice at any time by logging into their Tranquilnet account and submitting a payment. An invoice that is not paid by the due date is automatically marked overdue in the system. If an invoice is overdue by more than four days (the grace period), the account is automatically suspended and a late fee is added to the account. To reactivate an account that is suspended for failure to submit a payment within the grace period, a payment for the original invoiced amount plus the late fee must be submitted to Tranquilnet.
- Cancellation & refunds: Web site files are the responsibility of the Tranquilnet customer and should a Tranquilnet customer decide to cancel their service it is the customer’s responsibility to make sure that they have backed up & downloaded the web site files and any emails from the Tranquilnet server prior to requesting that Tranquilnet cancels their account. Once the cancelation request has been submitted to Tranquilnet a cancelation of the web site hosting service may occur any time after the request is received by Tranquilnet and when a cancelation request is completed the client’s hosting account with Tranquilnet and their web site files are permanently removed from the Tranquilnet servers. Therefore again it is the client’s obligation to ensure that they have downloaded their web site files and any emails from the server prior to their cancelation request.
As a customer’s site grows and becomes more popular the site may use more compute cycle usage than is allotted within the hosting plan the customer signed up for (or later upgraded to) and that an upgrade to a plan with more compute cycle allotments may be required. The remainder of the investment in the original hosting may be used by the client for upgrading to the larger hosting plan.
Service Level Agreement
Tranquilnet offers its clients a 99% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem free. Tranquilnet will try to maintain maximum uptime. Tranquilnet is not responsible for any downtime caused by the client.
- What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
- What choices are available to you regarding the use of your data.
- The security procedures in place to protect the misuse of your information.
- How you can correct any inaccuracies in the information.