Our Terms Of Service
Please Read This Document Before Proceeding
WEBSITE TERMS OF SERVICE & GENERAL USE RESTRICTIONS
The Triple3 website and any other websites owned, operated, licensed or controlled by Triple3 (collectively, the "Website") are copyrighted works belonging to and operated by Triple3, its affiliates, licensors, and subsidiaries. By accessing the Website, you indicate your acknowledgment and acceptance of these terms of service ("the Terms of Service”). These Terms of Service and the Website are subject to change by Triple3 at any time at its sole discretion, and your continued use of the Website following modification constitutes your agreement to be bound by these Terms of Service. If you do not wish to be bound by these Terms of Service, you may not access or use the Triple3 Website(s).
This Agreement may only be modified or supplemented by Triple3, and we reserve our right to amend or supplement this Agreement at any time, and at our discretion. When we change it or supplement it, we will do our best to provide you notice and point out what is different or new. We may also post rules and guidelines applicable to specific products or services to the various areas of our Website that describe them. You are responsible for reviewing this Agreement and our Website for any rules or guidelines applicable to specific areas of our Website and any amendments or supplements to this Agreement, change in our rates or change to the Service ("Changes"). If at any time, you do not agree to the terms of this Agreement or any of the policies on our Website, please discontinue use of the Service immediately and close your Accounts(s). Your continued use of the Service after Triple3’s posting of any Changes constitutes your acceptance and agreement with the Changes and all Changes shall supersede any previous agreement between you and Triple3. Notice of any Changes shall be considered given and effective on the date that we update our Website with said Changes. You must periodically review this Agreement to ensure you know of any changes.
You also agree not to "FRAME" or "MIRROR" any MATERIALS or third-party content contained on this site on any other server or Internet-based device without the express written permission of Triple3 or its licensors, respectively.
GENERAL USE DEFINITIONS
For the purposes of this Agreement, the following definitions apply and any undefined terms have the meaning ascribed to them in the context in which they are used in this Agreement:
- Accounts CONTACT:
Refers to any person the Accounts Owner has added to the Triple3 Accounts for the purposes of accessing and managing the Triple3 Accounts, or aspects of the Triple3 Accounts
- Accounts OWNER:
Refers to the person identified in Triple3's records as the owner of the Triple3 Accounts
The underlying technology that keeps email, contacts, calendars, and reminders on your mobile devices in sync with your HostIt! Email Accounts
Refer to supplemental services Triple3 may provide such as additional disk space, SSL certificates, additional IP addresses, snapshot backups, and the like
- CLIENT PORTAL:
Refers to the Triple3 managed website located at my.triple3.net. The Client Portal is the online interface through which a Customer may manage the Triple3 Accounts and perform various administrative functions, including, but not limited to, adding services, closing services, making payments, updating the Payment Method or contact information, and accessing services
Refers to any materials, including, but not limited to code, text, links, images, photographs, messages, graphics, music, sounds, video, files, data, software, applications and any other materials Customer may store on or about the Service or Triple3 Accounts
- DNS RECORD MANAGEMENT:
The ability to add/remove/modify the different types of DNS records and have the changes automatically and seamlessly propagate across the world
- EMAIL ARCHIVING:
An optional add-on to HostIt! Email that automatically captures 100% of data including attachments into long-term storage for future retrieval purposes
- ENTERPRISE DNS SERVICE:
An enterprise domain name system that provides maximum availability and performance by utilizing an extensive IP-Anycast network
Allows you to maintain and manage copies of your selected data sets on locally managed network shares or external backup devices
- MICROSOFT OUTLOOK LICENSES:
An optional add-on to HostIt! Email that includes licensing for the latest version Microsoft Outlook for both MacOS and Windows
- MULTIZONE PROTECTION:
You can have your data replicated to a second ("Essential") or third ("Business") data center in another geographic area or even on another continent. Utilizing a second or third data center will result in a proportionate increase in data usage. Our current data center locations are Atlanta, Silicon Valley, Toronto, London, Amsterdam, Düsseldorf, and Sydney
- N+1 DATA CENTERS:
A data center that is able to ensure system availability in the event of component failure. Components (N) that have at least one independent backup component (+1)
Refers to any service or product you may use in conjunction with or alongside the Service
- PRODUCT TRIALS:
Triple3 may offer Product Trials. Product Trials require an active Accounts and may be subject to certain usage limits, which are explained in the documentation for each free Service. Free Services associated with Your Accounts that remains inactive for a period of thirty days may be removed and Your User Data destroyed. Triple3 may discontinue free Services at any time and from time-to-time, at which point Your access to the free Service will end and any User Data will be destroyed
- PREMIUM DOMAIN SPAM FILTER:
Proprietary system that is able to have a highly accurate level of SPAM detection but also maintain a very low level of false-positives (inaccurately classified mail)
- PREMIUM IT SUPPORT:
Premium IT Support is a hands-on escalated support system designed to let you interact with our IT staff and get exactly the help you are looking for. This support may include remote computer access, phone-based, or onsite support
- PRIVATE ENCRYPTION KEYS:
It is imperative that the customer employ all necessary measures to manage their own private encryption keys. Without this key, all data will remain encrypted and unavailable even to Triple3
- REQUEST TO CLOSE:
Refers to the formal request made by the Accounts Owner in the Client Portal to close a Service or the Triple3 Accounts altogether
Collectively refers to all of the products and services Triple3 offers and provides, including, but not limited to the installation, maintenance and repair of one or more shared or physical computers for use by customers. For more information on Service, please visit our Website
- SHARED & DEDICATED IP's:
A shared IP address is one that can be used by many different websites. A dedicated IP address, however, is dedicated exclusively to a single hosting Accounts
- SHAREPOINT FOUNDATION:
A web-based collaborative platform that integrates with Microsoft Office
- SINGLE ZONE PROTECTION:
Choose one of our current data center locations: Atlanta, Silicon Valley, Toronto, London, Amsterdam, Düsseldorf, and Sydney
- SUBDOMAINS & DOMAIN ALIASES:
Subdomains function just like a regular domain, but have the domain name appended to the end of the name. Domain aliases act like a "mirror" of another domain
- SUPPORT REQUEST:
A written communication exchanged by and between Triple3 and you and/or your Accounts Contact, through the Client Portal. If Triple3 initiates the Support Request, a copy may be emailed to the email address on file; in addition, a copy may be stored in the Client Portal for future reference
- Triple3 Accounts:
Refers to your Accounts with us that contains the Service(s) you subscribe to
- WORK ORDER:
Refers to the order for Premium Services ordered by Customer through our Website or telephone ordering system and is defined by the specified hours, with a minimum displayed for each you select
COPYRIGHTS AND TRADEMARKS
Triple3, the Triple3 logo and all other trademarks and service marks listed on the Website, are trademarks and service marks of Triple3 (collectively, the "Marks"). You are not granted any right to use Triple3's Marks (including, without limitation, the layout of the Website), and all such items remain the exclusive property of Triple3. All material on the Website, including but not limited to, text, graphics, logos, images and audio clips (the "Content") is the sole property of Triple3 and is protected by United States and international copyright laws. Subject to these Terms of Service, Triple3 grants you a non-exclusive, non-transferable, non-sublicensable, limited and revocable license to access and view the Content on the Website. The Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of Triple3, except that you may download, print, distribute and use pages from the Website for your own informational, non-commercial purposes, provided that any copies of documents or pages from the Website must not alter the original Content and must include the Triple3 copyright notice: [ ©2017 Triple3, LLC. All Rights Reserved ]. Modification or use of the Content except as expressly provided herein is a violation of Triple3's intellectual property rights.
REGISTRATION & ACCOUNT OWNERSHIP
Registration Information: When you sign-up for an Accounts or add any Accounts contact to the Triple3 Accounts or "Register", you will be required to provide the data required in our registration forms. The registration data may include, but is not limited to, your or any of your Accounts contacts full legal name, company name, telephone number, email addresses, and mailing address. When you provide the registration data, you represent that (a) the information you are providing is true, accurate, current and complete (b) you will maintain and promptly update the registration data to keep it true, accurate, current and complete (c) you and all Accounts contacts are over the age of 18 and are of the legal age in your country required for entering into contractual obligations, such as this Agreement (d) if you are registering on behalf of a corporation or company, you are fully authorized to enter into and bind the corporation or company to all of the terms of this Agreement and (e) your use of the services will not violate any applicable laws. You may update the registration data in the Client Portal or by supplying in writing the request. Unless pursuant to any section herein, in no event will Triple3 update, edit or otherwise modify the registration data. If we discover, are made aware of, or have reasonable suspicion to believe that any of the registration data is untrue, inaccurate, not current or incomplete, in our sole discretion, we may suspend or close the Triple3 Accounts, with immediate effect and without prior notice, and refuse all current or future use of the Services by you and your Accounts contacts.
When you Register, we recommend that you provide us with two email addresses at which we can reach you. At least one of the email addresses should be an email address that is independent of the Services and not hosted by Triple3. If you don't provide us with two email addresses (at least one of which is independent of the Services and not hosted by Triple3), you may not receive important communications we may send to you regarding your Accounts, such as those related to Accounts closure, suspension and the like. We rely on you to monitor your email, and you agree that we may communicate important information to you using the email address you've provided to us.
Accounts Ownership: (a) The highest authority of a single specific Accounts is the Accounts Owner. The Accounts Owner is appointed during the registration process, on the initial order form on our Website or other paper contracts. Once the Accounts Owner appointment has been made, it may not be changed unless by Triple3. We strongly recommend that the person appointed as Accounts owner be someone that owns the domain name(s) being hosted on the Triple3 Accounts. We do not recommend that an employee, contractor or other transient person or party be the owner of the Triple3 Accounts, as that has the potential to result in a dispute over ownership between the parties if/when the parties sever ties. In those cases, we may not be able to assist the other party with accessing the Triple3 Accounts without a U.S. court order so mandating. In situations in which Accounts ownership is disputed, Triple3 reserves the right, at its sole discretion, to suspend or close the Triple3 Accounts in question. The Accounts owner is responsible for and agrees to assume all liability for (i) management of the Accounts, service and all content associated with the Accounts; (ii) any and all claims or complaints served upon Triple3 in reference to the Content; (iii) any and all activity that occurs under or is otherwise associated with the Accounts; (iv) the actions of all Accounts contacts; and (v) payment of all monies owed on the Triple3 Accounts. (b) The Accounts owner name (i.e. the first and last name), as well as the names of any Accounts contacts, must be that of a living person, whose legal name is the first and last name provided to Triple3. Additional information and documentation may be required and may be requested at any time. Triple3 may, without having any obligation to do so, require certain proof of (i) the identity of the Accounts owner and/or any Accounts contact; and (ii) any of the registration data, including, but not limited to, requiring proof of address and verification of email address. Use of business, organization or company names for the Accounts owner or an Accounts contact name on a Non-Corporate Accounts is prohibited and constitutes a breach of this agreement. In the event of any such breach of this agreement, the (Triple3 Accounts may be suspended until you have either properly had the Accounts designated as a corporate Accounts, or requested a transfer of the Accounts to the legal first and last name of a living person. If you fail to do so within the time frame specified in our communications regarding the breach, the Triple3 Accounts may be closed without prior or further notice. (c) In the future, Triple3 may permit company ownership of Accounts. At this time, however, we do not. If/when we permit company ownership of Triple3 Accounts, additional information and documentation will be required and may be requested at any time. In such case, Triple3 may, without having any obligation to do so, require proof of (i) the corporation's name and corporate status and/or (ii) any of the registration data, including, but not limited to, requiring a copy of the corporation's government-stamped articles of incorporation, proof of address and verification of email address. Triple3 reserves the right to deny any request to designate a company as the Accounts owner, for any reason or no reason, at any time. (d) Accounts contacts have full access to the Accounts, including, but not limited to billing information, payment history, billing statements and support requests. Accounts contacts also have access to the Service and may modify Client Portal and Service controls (including passwords) or make support related inquiries on behalf of the Triple3 Accounts. Some Accounts contacts may add a Service to the Accounts at any time. Accounts contacts may not close or reopen a Triple3 Accounts or service.
NOTICES AND COMMUNICATIONS
Methods of Communication: You consent to receive electronic communications (email) from Triple3 concerning your use of the services and concerning Triple3 products and service offerings. The communications may be those that Triple3 is required to send to you by law concerning the services. The communications may also be those that Triple3 sends to you for other reasons. Triple3 may provide these communications to you by sending an email to the email address you provided in connection with the Triple3 Accounts or by posting the Communications to our Website. You also consent to receive Communications by telephone or postal mail sent to any postal address or telephone number you provided in connection with the Triple3 Accounts, though we are not obligated to use these mediums to send communications to you. You may change the email, postal address or telephone number Triple3 has on file for the Triple3 Accounts through the Client Portal. You may, without payment of any additional fee, withdraw your consent to receive required communications by opening a ticket with our Customer Service Department using our Ticketing System. Be sure to include your full name, Account number, primary domain name, primary email address and a valid Invoice Number or by sending a request to Triple3 at Post Office Box 0416, Saint Ansgar, Iowa 50472-0416, Attention: Customer Service. However, if you withdraw such consent, understand that Triple3 reserves the right to close the Triple3 Accounts. Any notice Customer wishes to send Triple3 must be in writing via either Support Request or to the Customer Service Address. Triple3 is not responsible for and shall not be liable for any late, lost, misdirected, intercepted, unsuccessful or otherwise failed efforts to send any communications or required communications to you or any other person or party.
(a) When you initiate the transfer of any domain name to Triple3, you represent and warrant that you are listed as the Registrant or Administrative contact for the domain name in the WhoIs database. For instructions on transferring a domain name to Triple3, please contact a Technical Advisor using our Ticketing System. You will be required to pay Triple3 the first year's registration fee upon initiating the domain name transfer to Triple3. Domain name transfers to Triple3 generally take five to seven business days to complete, unless the request is denied by your current registrar. It is your responsibility to timely address any issues that may arise concerning the transfer of any domain name to Triple3 to complete the transfer. Once a domain name transfer to Triple3 is complete, and Triple3 becomes the new Registration Service Provider of record for the domain name, you will not be able to transfer the domain name to another registrar for at least sixty days, unless in accordance with a decision or rule issued to Triple3 by ICANN, the governing body for domain names. By transferring or attempting to transfer any domain name into Triple3 systems, you are reaffirming your unconditional acceptance of all of the terms of this Agreement.
(b) For information on transferring a domain name away from Triple3, please contact your Triple3 Technical Advisor using our Ticketing System. The timeframe for completing domain name transfers away from Triple3 to another registrar varies depending on a variety of factors. It is your responsibility to timely address any issues that may arise concerning the transfer of any domain name away from Triple3 to complete the transfer. We reserve the right to deny outright any request to transfer a domain name away from Triple3 received while the Triple3 Accounts is past due or otherwise not in good standing.
When you register a domain name through our Website or transfer a domain name into our systems, by default, domain privacy will be disabled/off and the Accounts Owner's Registration Data may be used to populate the Registrant, Administrative, Technical and Billing contact fields (the "Registration Record") for the domain name. The default information we use for the Registration Record may not necessarily reflect the desired information and it is your sole responsibility to update the Registration Record whenever necessary. Your willful provision of inaccurate or unreliable information, your failure to keep the domain's Registration Record up-to-date, or any failure to respond to inquiries by us addressed to the email address of the Registrant, Administrative, Billing or Technical contact shall constitute a material breach of this Agreement and be a basis for cancellation of the domain name. If you need to verify or change the domain's Registration Record, please contact a Technical Advisor using our Ticketing System. Triple3 is not responsible for lapsed registration due to outdated Registration Record data, payment failure or any other issues. Any reminder notices we may send you for domain name renewals are sent as a courtesy only. It is your responsibility to ensure your domain name registration is current. Triple3 is not responsible for your failure to renew a domain name or failure to remind you to renew a domain name.
DATA BACKUP STORAGE LIMITS
Storage limits are based on your data backup plan. Each plan is configured with a pre-determined allocated storage limit. We will send you notifications when your limit is nearing its capacity, at which time you may either purchase additional storage or manage your backup as to not go over your limit.
Triple3 may provide access to resources and links to other websites. When you access a non-Triple3 website, even one that may contain the Triple3 logo, you leave the Triple3 Website and understand that it is independent of Triple3 and that Triple3 has not reviewed nor is it responsible for the content of any linked websites. Triple3 makes no representations whatsoever about such resources or other websites. The inclusion of any link to a website does not imply endorsement by Triple3 of the website or their entities, products, or services. All warranties, conditions or other terms express or implied as to any such linked website, including without limitation as to accuracy, ownership, validity or legality of any content of a linked website, are hereby excluded. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The Website is provided by Triple3 on an "as is" and "as available" basis. Triple3 may make changes or improvements to the Content and functionality of the Website at any time, without prior notice to you. Triple3 does not warrant that the Website or Content will be available at any particular time or location or that the Website is free of viruses or other harmful components. Triple3 makes no representations about the technical accuracy or functionality of the Website or that the Content is accurate, error-free or up-to-date. Triple3 makes no representations or warranties of any kind, express or implied, including, but not limited to, fitness for a particular purpose, title, or non-infringement of third-party rights or intellectual property.
Triple3 makes no warranties that your use of the Content will not infringe on the rights of others and assumes no liability or responsibility for errors or omissions in such Content. You expressly agree that your use of this Website is at your sole risk. You, and not Triple3, assume the entire cost of all necessary servicing, repair or correction in the event of any loss or damage arising out of your use of this Website or the Content. Additional terms and conditions applicable to Triple3's services are available upon purchase of such services, or upon request.
In no event shall Triple3 be liable for any direct, indirect, incidental, special, punitive or consequential damages of any kind, including, without limitation, those resulting from loss of use, data, or profits, whether or not Triple3 has been advised of the possibility of damages, on any theory of liability, arising out of or in connection with access to, use or performance of the Website, failure of the Website to operate, or any Content or other information provided in connection with the Website. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Your acceptance of this limitation of liability is an essential term of this agreement and you acknowledge that Triple3 would not grant access to the Website without your agreement to this term. Some jurisdictions do not allow the limitation or exclusion of liability for consequential or incidental damages so the above limitation or exclusion may not apply to you.
Triple3 makes no representation that the Content on the Website is appropriate or available for use in locations outside the United States. Access to the Website from countries or territories where such access is illegal is prohibited. Those who choose to access this Website outside the United States do so on their own initiative and are responsible for compliance with local laws.
CONDITIONS OF GENERAL SUPPORT
We offer a variety of channels through which you can reach us for support to help you utilize the Services. We may be reached through the following channels: telephone, online ticketing, online chat, website contact forms, Client Portal, social media Accounts and email. Response times may vary. Not all channels of support are available at all times. All inquiries are handled in the order in which they were received. Triple3 does not guarantee the availability or accessibility of all of the channels of support. We reserve the right, in our sole discretion, to change, replace or entirely cease offering support through any one or all of the Channels of Support, at any time, for any reason or no reason, and without prior notice.
Triple3 takes Accounts security very seriously. This is why Triple3 cannot provide Accounts-specific information or assistance to any persons other than the verified Accounts owner and/or Accounts contact(s). Accounts-specific information is considered any nonpublic information about the Triple3 Accounts, which may include, but is not limited to, Accounts owner name or contact information, billing or payment information, balances owed, the length of Service, or types of Services being used. We are unable to offer Accounts-specific information or assistance via any social media channels. Any person other than the Accounts owner or an Accounts contact that contacts us seeking Accounts-specific information or assistance will be informed that they are not listed in our records and that we cannot provide the Accounts-specific information or assistance being sought, regardless of any purported relationship such person may claim to have with the Accounts owner or an Accounts contact. Notwithstanding the foregoing, even if a person represents him/herself to be the Accounts owner or an Accounts contact, before we will provide any Accounts-specific information or assistance to such person, he/she will be required to validate that he/she is the person he/she is representing him/herself to be, by providing a valid Invoice Number to be ("Authenticated"). If such person is unable to authenticate, for whatever reason, we will be unable to provide any Accounts-specific information or assistance. We can't make exceptions to this policy, so please don't ask. However, we are entitled to rely on the authentication information provided by individuals who contact us and successfully authenticate into the Triple3 Accounts.
STATEMENT OF SUPPORT
Triple3 will provide complimentary ticket-based support for the products and services we provide as a courtesy, without obligation or liability. Priority support is available through our IT department on a contractual or hourly basis. Triple3 will inform the Accounts Owner or Accounts Contact prior to any charges being incurred or applied.
As a courtesy, we maintain a database of articles and guides that contain information that may prove useful to you. We make no guarantee, whatsoever, as to the feasibility, accurateness, completeness or helpfulness of any of the information available in these guides. Your use of any of this information is completely at your own risk. It is recommended that you backup your content before attempting to use any of this information. In no event shall Triple3 be held liable to you or any other person or party for any loss incurred in connection with the use of the information in these guides. If you or your support questions contribute to these guides, we own that contribution.
ABUSE OF SUPPORT
We maintain a zero-tolerance policy with regards to abuse of our support system. Abuse of our support system may include, but is not limited to, engaging in any threatening, abusive, offensive, defaming, harmful, profane, harassing, or unreasonably excessive communication (whether written or oral) with Triple3 via our channels of support or anywhere else. Any abuse of our support system, whether originating from the Accounts owner or any Accounts contact, shall constitute a breach of this agreement and the Triple3 Accounts will be subject to closure with immediate effect and without prior notice.
ACCEPTABLE USE POLICY
Restrictions on Use: (a) You agree to use the services for lawful purposes only. The laws of the State of Iowa and the United States of America apply to this agreement and your use of the services. In the interest of maintaining a functional, high-class, professional service, we have a few other conditions for users of our services. While some of these conditions may seem harsh, please understand that they are necessary given the ever-evolving nature of the World Wide Web. Some of our competitors may not require their customers to comply with such conditions, and if any of our existing or potential customers are unwilling or unable to comply with these conditions, we will respectfully invite them to seek service elsewhere. (b) The following represents a partial listing of activities that are prohibited when using the services, any of which has the potential to result in Accounts or service suspension or closure without prior or further notice. Without limitation and in no particular order, the services may NOT be used to host, display, post, propagate, upload, download, transmit, transfer, disseminate, distribute, reproduce, sell, link to or facilitate access to:
- • Any Content or website that contains material that, in our judgment, is intended to promote illegal activities, is unlawful, threatening, obscene, abusive, harassing, defamatory, slanderous, libelous, hateful or that violates any section of this Agreement
- Any Content or website that contains private or confidential information, including, but not limited to, your or any other person's or party's credit card information, social security number or other national identity numbers, non-public telephone numbers, addresses or email addresses
- Any Content or website that, in our judgment, is child pornography, child erotica, indecently depicts children, or, that poses any harm or potential harm to any child
- Any Content or website that contains material that, in our judgment, is pornographic, sexually explicit, obscene or violent in nature
- Any Content or website that promotes, encourages or engages in terrorism, violence against people, animals, or property
- Any Content or website that is designed or used to hack or break into remote systems
- Any Content or website that is setup to function as an open HTTP proxy
- Any Content or website that is designed or used to commit or facilitate any "phishing" attack
- Any Content or website that contains any malware, including, but not limited to, software viruses, trojan horses, worms, time bombs or any other computer codes, files or programs designed to interrupt, destroy, impair or limit the functionality of any computer software, hardware, telecommunications equipment or other device or equipment
- Unsolicited or bulk email (SPAM), including, but not limited to, using the Service's SMTP service or email script to send out SPAM over our networks or other systems with a message referencing their website
- Any Content or website that is, in our judgment, designed to function as a farming Bitcoin, bit-torrenting, pirated software website or illegal or unlicensed software or 'warez' website
- Any Content or website that is, in our judgment, designed to function as a "Tor relay" service or website
- Any Content or website that contains URL shortener validation software
- Any Content or website that contains or facilitate access to any material that is prohibited by Triple3
- Any Content or website that contains content that infringes on any right of any person or party, including, but not limited to a person's or party's right to privacy or intellectual property rights
- Any Content or website that, in our judgment, is designed or used to exploit, extract or otherwise gather any content or information from any Triple3 database, including, but not limited to, incorporating data from any Triple3 database into any email or "white-pages" products or services, whether browser-based, based on proprietary client-site applications, web-based, or otherwise
- Any Content or website that, in our judgment, is designed or used to reverse engineer, hack into, invade or otherwise gain unauthorized access into any of our systems, communication devices or resources, or any other systems, communication devices or resources (including, but not limited to security probing activities or other attempts to evaluate the security integrity of a network or host system without permission)
Passwords: (a) If you don't keep your password safe, you might just get hacked. Don't say we didn't warn you. Notwithstanding any of the terms of this agreement, you are required to and solely responsible for maintaining the confidentiality and security of the passwords used to access any Triple3 Accounts, the Services, and the Peripherals. Any and all activity that occurs under your username and password will be considered done by you and you bear sole responsibility for that activity. Triple3 shall not be liable for any loss or damage arising from or otherwise related to your failure to maintain control over access to your username or password, the Triple3 Accounts, the Services or the Peripherals, whether due to your own negligence or for any other reason. As a rule-of-thumb, it's best that you change all of your passwords periodically and at any time you think that the Triple3 Accounts, the Service, any of the Peripherals or any of your other usernames or passwords have become compromised. (b) Passwords like "password" and “123456” are too common and are pretty easy to figure out. You are required to and solely responsible for employing industry standard best security practices, such as using secure passwords. If you use an insecure password, the Triple3 Accounts, the Service and/or the Peripherals are likely to be hacked or otherwise compromised, and you will be solely liable in any such case. Audits may be done to check for weak passwords. However, in no event should you rely on the performance of any possible audit by Triple3. If an audit is performed, and it is determined that your password is weak, your Triple3 Accounts may be suspended or you may be given time to update your password to a more secure password. (c) We may be able to help you recover your Client Portal password. In the event that you forget your Client Portal password, there are two methods you may use to recover it. You may either use the "Forgot your password?" link at the login page of our Website, or contact your Triple3 IT Support to request a copy of the Profile Update Form. If you use the "Forgot your password?" link, we will send a password reset link to the primary email address we have on file for you. Be advised, before we send the password reset link, you'll be required to provide us with the primary domain on the Triple3 Accounts and the primary email address we have on file for you. If you do not have access to the primary email address we have on file for you, or if you do not know or remember the primary email address, domain or both, your only recourse for recovering your password will be to submit the Profile Update Form along with a copy of your valid government-issued photo identification. If your submission is incomplete, illegible or if you provide documentation that is expired or which we have reasonable suspicion to believe is a forgery, we may, at our sole discretion, reject your request, require additional documentation, or block all access to the Triple3 Accounts or the Services.
Additional Usage Restrictions: (a) Any Content that, in our judgment, is questionable or that is found to breach any section of this Agreement, or any law to which Triple3 is subject, to any degree, may be removed from our servers (or otherwise disabled), at our sole discretion, with or without notice and without obligation. The Triple3 Accounts may also be suspended or closed in any such case. (b) You agree to use the services in a manner that does not interfere with or otherwise disrupt service to other Triple3 Customers nor any of our systems. Triple3 reserves the right to suspend or close the Triple3 Accounts, without prior notice, if, in our judgment, such interference or disruption is determined by Triple3 to exist. Some examples of such interference or disruption include but are not limited to, excessive disk space use, CPU cycles, or bandwidth, and any customer action that has caused Triple3's servers or any of our IP ranges to be placed on any blacklist or any other filtering software systems used by companies on the internet. (c) For our purposes, simply put, SPAM includes, but is not limited to, the sending of unsolicited bulk email, often in abundance. To be clear, we don't allow spamming on any services on our systems. To that end, please be advised that the following limits apply to the number of emails that can be sent through any Triple3 email service. An excess of these limits is a breach of this Agreement and the Triple3 Accounts is subject to suspension or closure, without prior notice. (d) You are not permitted to knowingly allow any other website or hosting servers to link to content stored on Triple3's systems. (e) Triple3 will remain the sole owner of all IP network addresses within Triple3's network. You are not permitted to modify any TCP/IP configuration that will conflict with, or otherwise disrupt network service, by using configurations not allocated to you by Triple3. We will use our best efforts to maintain permanency of any allocated IP address, however Triple3 reserves the right to change your underlying IP network address for any reason (including, but not limited to, for upgrades, security provisioning, or other network migration service), or for no reason at all, without notice. Any request for allocation of additional IP address(es) may be subject to justification. Justification requirements are subject to change. We reserve the right to reject any request for an additional IP address(es) based on insufficient justification or current IP address utilization. (f) If we detect repeated failed login attempts, we may, without obligation of any kind, ban network access from the source of those failed attempts, and you'll have to contact us to fix it. (g) MySQL resource utilization refers to the amount of Triple3's MySQL server resources for use by application and MySQL code customer is running inside any service. The MySQL Server does not provide a facility to measure individual resource utilization in a shared resource environment. Depending on Customer utilization, Triple3 may, at its sole discretion, place customer into a MySQL container.
TERMS AND TERMINATION
Your Right to Close your Triple3 Accounts: You can close your Triple3 Accounts. As long as the Triple3 Accounts is open, though, everything in this agreement applies, and certain terms continue even after the Triple3 Accounts is closed. (a) This agreement shall be effective as long as our records indicate the Triple3 Accounts is open, regardless of whether or not the Services are being used by you or any other person or party. This agreement and all Services on the Triple3 Accounts will automatically renew and you will be charged for additional terms equal to the previous term until and unless the Triple3 Accounts is closed by you or Triple3 in accordance with this agreement. You may close the Triple3 Accounts or any of the Services at any time by submitting a request to close through the Client Portal. The Client Portal is the only means through which you can submit a request to close the Triple3 Accounts or a Service. All fees due through the closure date are completely NON-REFUNDABLE. Terms set forth herein that govern the Triple3 Accounts, payment of fees for the Services, resolution of any disputes between us, and other such terms that are surviving in nature, continue to apply even after you close the Triple3 Accounts. (b) With the exception of closure by Triple3 pursuant to this agreement, the Accounts owner is the only person authorized to close the Triple3 Accounts or any of the Services associated with it. Accounts contacts or other third parties are not permitted to close the Triple3 ATriple3 Accountsccount nor any of the Services associated with it.
Our Right to Close your Triple3 Accounts: (a) Triple3 reserves the right, at its sole discretion, to close the Triple3 Accounts, without prior notice, for any one or all of the following: (i) if you or any of your Accounts contacts, whether intentional or unintentional, breaches any section of this agreement, any supplemental rules and guidelines, any of the terms and conditions of the respective Service providers, or any rights of Triple3; (ii) if we receive notice that you or your company will be or is subject to insolvency proceedings; (iii) upon our receipt of any third-party chargeback associated with any payment method tendered as payment on the Triple3 Accounts; (iv) if we do not receive a written response from you within 48 hours of any notice sent to you by our abuse department; (v) if, in our judgment, your use of the Service has the potential to pose any harm to Triple3, any of our affiliates, partners, Service providers or customers; (vi) if the Triple3 Accounts becomes past due and is not paid within twenty days of becoming past due; (vii) if a hacked script or otherwise compromised website is discovered on our systems at the Service in use by you; (viii) if an unusual spike in resource usage is detected by our systems resulting in an Accounts far exceeding the allotted resources; (ix) if you fail to cure any suspension of the Triple3 Accounts or any individual Services, to our satisfaction, and within the time frame we specify; or (x) if, in our judgment, we have received too many complaints about your content. In the event of any such closure of the Triple3 Accounts, you will not be eligible for a refund of any fees and you may be prohibited from reopening the Triple3 Accounts, opening a new Triple3 Accounts or accessing any existing Triple3 Accounts. In other words, pay us on time and don't be stupid or do anything that breaches or otherwise violates any section of this agreement, and we shouldn't have to close the Triple3 Accounts. You agree that Triple3 shall not be liable, in any way, for any closure pursuant to this section of this agreement.
Effects of Closure and Suspension (a) Upon any closure of the Triple3 Accounts: (i) this agreement and all rights granted under this agreement shall cease immediately (except those expressly surviving or which by their nature would survive); (ii) all access to the Services and Triple3 Accounts will cease immediately; (iii) you will be billed for, and we may automatically attempt to collect from your payment method, any outstanding amount owed; and (iv) all content will be deleted from our servers and backup systems and we may not have or keep backup of the content. We recommend that you run very regular backups. As well, we also recommend that you ensure you have retrieved all content and made all necessary backups before submitting any request to close the Triple3 Accounts or any of the Services. You agree to hold Triple3 harmless from and against any and all claims, losses or damages arising from any closure of the Triple3 Accounts. Any and all sections in this agreement which impose obligations continuing in their nature shall survive closure or otherwise continue to remain in full force and effect even after Sccount closure. You are not permitted to access the Triple3 Accounts or any of the Services formerly associated with the Triple3 Accounts following any closure. (b) Upon any suspension of the Triple3 Accounts, all Services associated with the Triple3 Accounts will be suspended or otherwise made inaccessible until and unless all issues are addressed and resolved by you, to our satisfaction, and within the time frame we specify. During any suspension of the Triple3 Accounts or any individual Service, you will not be permitted to (i) add, upgrade, downgrade or modify any of the Service; (ii) request an emergency restoration; (iii) transfer any Service, including but not limited to domain name registrations; (iv) access any of the websites, email Accounts or Content associated with the suspended Service or Accounts. You agree to hold Triple3 harmless from and against any and all claims, losses or damages arising from any suspension of the Triple3 Accounts or the individual Service.
Reopening a Service or Accounts: (a) Unfortunately, once closed, most of the services may not be reopened; you will need to place a new order and have new services provisioned. The only service that may be reopened is an unexpired domain name registration if the Triple3 Accounts is open and in good standing. To reopen an unexpired domain name registration, simply send us a support request asking us to reopen the domain name registration. (b) The Accounts owner is the only person authorized to re-open the Triple3 Accounts. To reopen the Triple3 Accounts, the Accounts owner must telephone our billing department (during our Billing Department's normal business hours) and authenticate. If the Accounts owner is unable to authenticate, he/she must complete the Profile Update Request Form in order for us to proceed with the re-opening of the Triple3 Accounts. Any unpaid or otherwise outstanding balance must be paid before we will complete any re-opening. Re-opening an Accounts does not mean that we are willing or able to restore your Content.
Content Made Available for Inclusion on the Service: (a) We're not responsible for any of the content you, your Accounts contacts or your users post on or via the services; you are. You, not Triple3, agree to assume all responsibility for and risk associated with all content you and your party submit, transmit, email, upload, link to, display, disseminate, facilitate access to or otherwise make available through or for inclusion on the services, including any reliance on the accuracy, completeness, truthfulness, appropriateness, legality or usefulness of such content. You warrant and represent that you possess all legal rights to, or have obtained all necessary permissions to use any and all content you make available, use in connection with or provide to Triple3 in connection with your use of the services, and none of the content you make available, use in connection with or provide to Triple3 in connection with your use of the service infringes on any right of any person, firm, entity or party. You are solely responsible for protecting your assets as well as your rights to any of the intellectual property you provide to Triple3, and Triple3 shall have no responsibility, whatsoever, with regard to it. (b) You understand and agree that Triple3 is solely acting as a common carrier in its capacity of providing the service hereunder, is not a publisher of any material or information and has no right to edit or censor the material at the servers in use by customer (unless pursuant to any local, state or federal law, or any section of this agreement). Triple3 is not responsible nor pre-screens any of customer's website content. All material submitted for publication through the Service will be considered publicly accessible. Triple3 does not endorse nor screen in advance material submitted to Triple3 for publication via the service. Triple3's publication of material submitted by the customer does not create any express or implied approval by Triple3 of such material, nor does it indicate that such material complies with the terms of this agreement. (c) We do not provide backup services for free. WE REPEAT: WE DO NOT PROVIDE BACKUP SERVICES FOR FREE. You may subscribe to a Triple3 Backup Accounts if you wish to have your information on our servers backed up. We are not responsible for content residing on or about the service. In no event shall Triple3 be held liable for any loss of any content. It is your sole responsibility to maintain appropriate backups of your content unless there is a backup service agreement between the Accounts owner and Triple3. Notwithstanding the foregoing, on some occasions, and in certain circumstances, with absolutely no obligation and only as a courtesy, upon a customer submitting an emergency restoration request, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we have backed up data for our own purposes. Triple3 makes no guarantee that the data you need will be available. An emergency restoration is intended for data recovery of specific files and/or databases, and will NOT restore your server or website to a previous version. We may reject any emergency restoration request, at any time, for any reason or no reason. We may reject any emergency restoration request received during any period when the Triple3 Accounts is past due, suspended, closed or under investigation for any breach of any section of this Agreement. Backups are as-is and are not designed for litigation purposes. (d) Any mistakes, accidents, omissions, interruptions, delays, errors or defects in transmission or Service which are caused or contributed to, directly or indirectly, by an act or omission of the customer or by the use of customer-provided facilities or equipment, or by the use of facilities or equipment furnished by any other person using customer's facilities which are connected to Triple3's facilities, shall not result in the imposition of any liability upon Triple3 and customer shall pay to Triple3 any reasonable costs, expenses, damages, fees or penalties incurred by Triple3 as a result thereof, including costs of local exchange company, labor and materials. (e) If we receive three or more complaints (of any variety) concerning any content hosted on or otherwise displayed via your services, we reserve the right, in our sole discretion, to either close the Triple3 Accounts or suspend the Triple3 Accounts and require you to permanently cease hosting any specific website or content on our systems. If we elect not to close the Triple3 Accounts, directive, as to remedy, will be given in our communications to you concerning the matter. If you do not adhere to the said directive, the Triple3 Accounts may be closed without prior or further notice.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)
(a) You may not use the service in any manner that infringes upon any copyright. Such infringement may include, but is not limited to selling counterfeit goods, unauthorized copying of photographs, books, music, videos, or any other copyright protected work. It is our policy to promptly investigate compliant notices of alleged copyright infringement that are provided to us in writing regarding content hosted on or otherwise displayed via our systems. Our response to such notices may include removing or disabling access to the content or website claimed to be the subject of infringing activity, without prior notice, and without regard to the complaint's substance or merit (or lack thereof). Triple3 reserves the right, at its sole discretion, to close any Triple3 Accounts for which Triple3 receives three or more copyright infringement complaints, without prior notice and without a refund of any fees.
(b) Any person or party who wishes to file a claim of copyright infringement regarding content hosted on or otherwise displayed via our systems may file notice via either email, using our Contact Form, postal mail or using our Ticketing System. Any person or party who requires assistance filing a claim of copyright infringement should consult or hire a lawyer or other legal professional for assistance. NOTE: Any person who knowingly materially misrepresents that material is infringing, or that it was removed or blocked through mistake or misidentification, is liable for any resulting damages (including, but not limited to costs and attorney's fees) incurred by the alleged infringer, the copyright holder or its licensee, or the service provider.
- To send via postal mail, send to:
- Triple3, LLC
- Attention: DMCA Compliance Officer
- Post Office Box 0416
- Saint Ansgar Iowa 50472-0416
(c) The law requires very specific language be present in any notice of alleged copyright infringement. As set forth in the DMCA, in order to be effective, a notice of copyright infringement must include all of the following:
- The physical or electronic signature of complaining party
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
- Identification of the content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the content (i.e. the specific URLs where the allegedly infringing activity is said to be taking place)
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
(d) A counter notification is a legal request for Triple3 to re-enable or otherwise restore access to the material claimed to be the subject of infringing activity. The law requires very specific language be present in any counter notice. As set forth in the DMCA, in order to be effective, a counter notice must include all of the following:
- The physical or electronic signature of the alleged infringer or an agent authorized to act on behalf of the alleged infringer (such as an attorney)
- Identification of the material that was removed (or to which access was disabled) and the location at which the material appeared before it was removed or access to it was disabled
- A statement under penalty of perjury that the alleged infringer (or his/her authorized agent) has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled
- The alleged infringer's (or his/her authorized agent's) name, address, and telephone number, and a statement that the alleged infringer (or his/her authorized agent) consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the alleged infringer's (or his/her authorized agent's) address is outside of the United States, for any judicial district in which the service provider may be found
(e) Upon receipt of an infringement counter notice that substantially complies with the counter notification requirements set forth in the DMCA, the DMCA requires us to provide the complaining party with a full copy of the counter notice provided to us by the alleged infringer or his/her authorized agent. The DMCA also requires us to permit the alleged infringer to restore access to the material claimed to be the subject of infringing activity, within no less than ten business days and no more than fourteen business days following our receipt of a compliant counter notice, unless we first receive notice that the complaining party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity. Be advised, regardless of whether or not the complaining party files an action seeking a court order to restrain the alleged infringer from engaging in infringing activity, the complaining party may still maintain the right to seek relief in a court of law. It is our policy to adhere to all orders of the court. Any court order issued in connection with a complaint that has been filed against the alleged infringer with which we are served will, with immediate effect, supersede any allowance we may have made permitting the alleged infringer to re-enable or otherwise restore the access to the material claimed to be the subject of infringing activity. A filing of a copyright infringement counter notice may result in litigation between and among the parties.
EFFECTS OF OUR ACTIONS
(a) In some cases, when we remove or disable access to material claimed to be the subject of infringing activity or that, in our judgment, breaches any section of this agreement, that action may cause some elements or areas of your website or the Service to malfunction or become unavailable. In no event shall Triple3 be held liable in any case and you are solely responsible for repairing or redressing such an issue.
(b) If we are unable to immediately access content claimed to be the subject of infringing activity or that, in our judgment, breaches any section of this Agreement, or if our attempt to remove or disable access to said content or website is unsuccessful we may immediately suspend the website or Services upon which the content is displayed. In any such case, you will not be permitted to re-enable or otherwise restore access to the website or Services until you have complied with all of the terms set out in our notice to you concerning the issue.
(c) If any content or website is disabled or removed pursuant to Triple3's obligations as a service provider under the DMCA, or pursuant to any section of this Agreement, re-enabling or otherwise restoring access to that content or website is prohibited until and unless you are otherwise notified by Triple3, via a support request. In any event where the content or website is re-enabled or otherwise restored (whether on the original Triple3 Accounts or a different Triple3 Accounts), absent Triple3's express authorization as set forth in this agreement, the Triple3 Accounts will be closed with immediate effect and without prior or further notice.
(d) You must immediately remove or disable access to any duplicative or derivative works of any content or website Triple3 may disable pursuant to any section of this agreement, whether or not such content has the same title, name or label as the offending content, is in any other format, form, size or is in or on any other directory or location on our systems. Your failure to do so could subject you to civil liability pursuant to U.S. federal law, and could also result in the suspension or closure of the Triple3 Accounts.
TRADEMARK INFRINGEMENT CLAIMS
(a) You may not use the Service in any manner that infringes on the rights of any person or party. Such infringement may include but is not limited to selling counterfeit goods, unauthorized copying of photographs, logos, designs or other lawfully protected works. It is our policy to promptly investigate compliant notices of alleged trademark infringement that are provided to us in writing regarding Content hosted on or otherwise displayed via our systems. Our response to such notices may include removing or disabling access to the material claimed to be the subject of infringing activity, without prior notice, and without regard to the complaint's substance (or lack thereof). Presently, there is no counter notification process in place for trademark law. If you wish to object to the complaint filed against you, you will need to take the matter up with the trademark owner in a court of law. In any case, you hold Triple3 completely harmless in all matters concerning our action with respect to any trademark infringement complaint. Triple3 reserves the right, at its sole discretion, to close any Triple3 Accounts for which Triple3 receives three or more trademark infringement complaints, without prior notice and without a refund of any fees.
(b) Any person or party who wishes to file a claim of trademark infringement regarding Content hosted on or otherwise displayed via our systems may file notice via either email, using our Contact Form, postal mail or using our Ticketing System. Any person or party who requires assistance filing a claim of trademark infringement should consult or hire a lawyer or other legal professional for assistance. NOTE: Any person who knowingly materially misrepresents that material is infringing, or that it was removed or blocked through mistake or misidentification, is liable for any resulting damages (including, but not limited to costs and attorney's fees) incurred by the alleged infringer, the trademark owner or its licensee, or the service provider.
- To send via postal mail, send to:
- Triple3, LLC
- Attention: DMCA Compliance Officer
- Post Office Box 0416
- Saint Ansgar Iowa 50472-0416
(c) In order for us to investigate any claim of alleged trademark infringement, the notice of trademark infringement must include, substantially, all of the following:
- The trademark or service mark ("the mark") claimed to be the subject of infringing activity
- The registration number of the mark
- The country of origin of the mark
- The contact information of the owner of the mark, including name, address and telephone number
- The goods or services associated with the mark
- A complete description of the manner in which the complaining party believes the mark has been or is being infringed upon
- The precise location of the allegedly infringing activity, specifically, the URLs
- A statement, under penalty of perjury, that the complaining party has a good faith belief that use of the mark in the manner complained is not authorized by the owner of the mark, and use of the mark by in the manner complained infringes upon the rights of the owner of the mark
DISCLAIMERS (Disclaimer of Warranties / Limitation of Liability)
THE SERVICES ARE PROVIDED "AS IS" AND OUR EXPOSURE TO YOU IS LIMITED.
TRIPLE3 SPECIFICALLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NO DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY PROVIDER AND PROVIDER DOES NOT WARRANT THAT THE SERVICE OFFERED OR PROVIDED BY PROVIDER IS FREE OF BUGS, ERRORS, DEFECTS, VIRUSES OR DEFICIENCIES. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF PROVIDER HAS BEEN ADVISED BY CUSTOMER OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF PROVIDER'S SERVICE TO CUSTOMER IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, PROVIDER SHALL NOT BE RESPONSIBLE FOR LOSS OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND FEES PAID BY CUSTOMER TO PROVIDER FOR SERVICE, DURING THE PERIOD OF DISRUPTION OR MALFUNCTION. YOUR SOLE AND EXCLUSIVE REMEDY FOR DEFECTS IN THE SERVICE IS AS SET FORTH IN THIS SECTION OR IN THE SPECIFIC SERVICE LEVEL AGREEMENT, IF ANY, APPLICABLE TO THE SERVICE YOU ARE USING.
TRIPLE3'S SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRIPLE3 SHALL NOT BE LIABLE FOR ANY DAMAGES YOU OR ANY OTHER PERSON MAY SUFFER. NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT IN NO EVENT WILL TRIPLE3 BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF TRIPLE3'S SERVICES) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF TRIPLE3'S SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF TRIPLE3 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES BUT IS NOT LIMITED TO ANY LOSS THAT MAY OCCUR DUE TO ANY LOSS OF THE HOSTING SERVICE, THE USE OF HOSTING SERVICE, ACCESS DELAYS OR ACCESS INTERRUPTIONS TO TRIPLE3'S HOSTING SERVICE SYSTEM, THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND TRIPLE3, EVENTS BEYOND TRIPLE3'S REASONABLE CONTROL, THE NON-RECOGNITION OF THE TRIPLE3 HOSTING SERVERS, THE PROCESSING OF YOUR APPLICATION, THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR HOSTING SERVICE, THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER, THE PROTECTION OR PRIVACY OF EMAIL OR OTHER INFORMATION TRANSFERRED THROUGH THE INTERNET OR ANY OTHER NETWORK PROVIDER OR SERVICE ITS CUSTOMERS MAY UTILIZE, OR THE APPLICATION OF ANY POLICY SET FORTH HEREIN.
IN NO EVENT SHALL TRIPLE3'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO TRIPLE3 FOR THE SERVICES DURING THE PRIOR TWELVE MONTHS, OR $500, WHICHEVER IS LESS. TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, TRIPLE3'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
AVAILABILITY OF SERVICE
(a) You understand and agree that interruptions of Service may occur due to scheduled or emergency maintenance, updates and repairs by Triple3, or by strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts, power crisis shortages, acts of terrorism, and or uncontrollable acts of God, or other causes beyond Triple3's control, as defined by standard practices in the industry. From time-to-time, it may become necessary for Triple3 to stop, reboot, disable, reconfigure, reroute or otherwise interrupt the Service for indeterminate and unpredictable lengths of time. You agree that under no circumstances will Triple3 be held liable for any financial or other damages due to such interruptions. In no event shall Triple3 be liable to you or any other person or party for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income or cost of replacement services. Such failure or delay shall not constitute a default under this Agreement.
(b) Triple3 reserves the right to reset the password used to access a Service and Triple3 Accounts, if, in our judgment, the current password is insecure or not current. We may also reset the password used to access a Service or Triple3 Accounts in connection with any security audit required by our data centers or any other third-party with whom we contract to provide the Service.
(c) In our sole discretion, we may limit or otherwise restrict the amount of bandwidth, disk space or storage space available to you. We may also limit or restrict the Service in adherence to any new governmental regulations or policies that may arise, either domestically or internationally.
(d) We reserve the right to refuse service. Notwithstanding the foregoing, we reserve the right to refuse access to the Service to anyone, at any time, for any reason or no reason.
(e) From time to time, it may be necessary for us to update certain software, applications and/or the Service without prior notice. An example of a needed update is an update from one version of PHP to another. The updated version may not be compatible with your Content and/or website(s), and your Content and/or website(s) may cease to function as expected following the update. In most all cases, we are unable to rollback or otherwise reverse the update. You are solely responsible for adjusting your Content and website(s) to and ensuring compatibility with the updated version and you agree that Triple3 shall not be liable in any way for any loss or damage you or any other person or party may suffer as a result of our update to certain software, applications and/or the Service.
(a) Customer agrees to defend, indemnify and hold Triple3 and its affiliates, directors, officers, agents and employees harmless from and against any and all claims, obligations, losses, damages, costs, liabilities and expenses (including reasonable attorneys' fees and costs) incurred by Triple3 arising from or due to any claim, action, dispute or demand made by any third parties (including customers of Customer) that are related to or arising out of your use of the Service or from your placement or transmission of any materials or Content onto Triple3's servers. Such liabilities may include, but are not limited to: (i) false advertising claims against Customer (or customers of Customer), (ii) liability claims for products or services sold by Customer (or Customer's customers), (iii) infringement or misappropriation of intellectual property rights, (iv) violation of rights of publicity or privacy, defamation, libel, slander obscenity, or child pornography, (v) spamming or any other offensive or harassing or illegal conduct (including but not limited to any violation of our acceptable use policy, as set forth in this Agreement), or (vi) any other damage arising from your equipment, your business, or your use of the Service.
(b) Triple3 agrees to indemnify, defend and hold harmless Customer and its affiliates, directors, officers, agents and employees (collectively, the "Customer Group") from and against any and all claims, obligations, losses, damages, costs, liabilities and expenses (including reasonable attorneys' fees and costs) incurred by Customer Group arising from or due to any claim, action, dispute or demand (or any member thereof) to the extent arising from (i) any personal injury, death or physical damage to, or loss or theft of, tangible personal property caused by the gross negligence or willful misconduct of Triple3 or its employees, agents or subcontractors, or (ii) infringement of any U.S. patent, copyright or other proprietary right resulting from Customer's use of intellectual property solely developed or wholly owned by Triple3 and used to provide the Service; provided, however, that, in addition to the foregoing indemnification, Triple3's sole and exclusive liability and Customer's sole and exclusive remedy is limited to Triple3 making the Service non-infringing or arranging for Customer's continued use of the Service by license or otherwise, but if either of the foregoing options are commercially impracticable for Triple3, in Triple3's sole discretion, upon written notice to Customer, Triple3 may cancel the directly affected Service, refund to Customer any prepaid fees for such cancelled Service and, if applicable, adjust Customer's ongoing monthly fees for the continuing Service to Accounts for such cancelled Service. Notwithstanding anything to the contrary in this Section, Triple3 will have no indemnification obligation to Customer under this Section for any infringement arising from (A) an unauthorized modification of the Service by Customer, (B) Customer's combination of the Service with any intellectual property not developed or owned by Triple3 if the Service would have avoided the infringement but for such combination by Customer, or (C) Customer's failure to install updates, patches or other similar items provided by Triple3 or the licensor of the intellectual property that is the subject of such a claim.
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without Triple3's prior written consent, which consent shall be at Triple3's sole discretion and without obligation; any such assignment or transfer shall be null and void. Triple3 is free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
Third-Party Providers: (a) Triple3 may subcontract the performance of certain services to third parties, and your use of the third-party provided products and services shall be governed by any applicable license agreement, if any, with such third-party and the third-party's terms and conditions. Triple3 makes no representations or warranties, and shall not be liable for, the quality, availability, timeliness, accuracy or completeness (or lack thereof) of the information, products or services provided by any third party provider. (b) Triple3 is not the agent, trustee, representative or fiduciary of you or any third party provider in any transaction. Any transactions with third-party providers shall be by and between the visitor and the third-party provider. Any and all discounts and special offers of any third party may be subject to additional terms, restrictions, and limitations.
System Status: Triple3 systems may be monitored for all lawful purposes, including, but not limited to: for system management, to facilitate protection against unauthorized access, to check on and verify survivability, operational security, system integrity and security procedures. During monitoring, information and Content may be examined, copied, recorded and used for authorized purposes. Your use of our systems constitutes your unconditional consent to such monitoring.
Compliance with Law: (a) You agree that you will use the Services offered by Triple3 in a manner that is consistent with all applicable U.S. local, state and federal laws and regulations, regardless of whether or not you are a citizen of the United States. Customers found to be using our systems for illegal activities, including but not limited to breaking into remote systems, phishing, credit card fraud, and theft will have their Accounts closed with immediate effect, without prior or further notice, and without refund of any fees. You are solely responsible for determining what laws and regulations are applicable to your use of the Services. (b) It is our policy to cooperate with law enforcement and administrative agencies, but we don't just roll-over and give them all of your info. Upon lawful request from a law enforcement or government administrative agency, Triple3 may, without notice to you or your consent, provide the information requested by such agency to that agency.
Taxes: If any local, state or federal governmental entity with taxing authority over the Services imposes a tax, duty or fee directly on the Services provided to you by Triple3 under this Agreement (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes), then Triple3 may pass the direct amount of such tax on to you, and you shall promptly pay that tax.
Severability: Any party's failure to insist on compliance or enforcement of any section of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that section or of any other section of this Agreement.
Disputes: (a) All disputes arising out of this Agreement shall be in the state or federal courts in the state of Iowa and we each agree not to bring an action in any other venue. You waive all objections to this venue and agree not to dispute personal jurisdiction or venue in these courts. You agree that you will not bring or participate in any class-action lawsuit against Triple3 or any of its partners, employees, subsidiaries, officers, licensors or affiliates. Each of us agrees that we will not bring a claim under the Agreement more than two years after the time that the claim accrued. (b) By using the Service, you agree to submit to binding arbitration. In the event any dispute or claim arises against Triple3, such dispute or claim shall be handled by an arbitrator of Triple3's choosing selected from the American Arbitration Association or National Arbitration Forum in the state of Iowa. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to applicable rules. All decisions rendered by the arbitrator shall be final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, shall govern all arbitration under this Arbitration clause. Otherwise, the laws of the State of Iowa apply to the dispute. The prevailing party in such proceeding shall be entitled to recover its reasonable attorneys' fees and costs incurred in the proceeding from the non-prevailing party, as well as any reasonable attorneys' fees and costs that the prevailing party incurred prior to commencing the proceeding. (c) In no event will Triple3 mediate any dispute or controversy arising between you and any third party. Triple3 is unable to provide any legal advice or assistance. It is not our policy to adjudicate, validate or invalidate the substance, merit (or lack thereof) of any complaint we are served (such as complaints of copyright or trademark infringement, defamation, slander or libel) - such is left to the legal system and courts. Notwithstanding anything to the contrary, we will, without prior notice, remove or disable any Content or website any court of competent jurisdiction has ordered removed or otherwise disabled for whatever any reason. (d) If you violate any of the terms of this Agreement, any supplemental rules and guidelines, any of the terms of the respective service providers, or any rights of Triple3, we and any other harmed party reserve the right to pursue any and all legal and equitable remedies against you. If you are aware of any violations of this Agreement, please notify us by using our Ticketing System.
This Agreement constitutes the entire agreement between the parties with respect to the subject-matter contained herein and supersedes and cancels any other agreements, proposals, communications, and understandings, whether written or oral, between Triple3 and you, other than as explained or incorporated by reference in the preamble of this Agreement.
Questions or comments regarding the Website may be submitted to our Support Team using our Ticketing System.
Terms Of Service Changes: This policy was last updated on August 22, 2017.