Mrs Edith Karnitsch trading as TerraNetwork issues this document. The company shall be known throughout this document as TerraNetwork.
Use of TerraNetwork services constitutes acceptance and agreement to our TOS. All service provisions are subject to the TOS of TerraNetwork.
The TOS may be changed from time to time at the descretion of TerraNetwork. The client understands that change to the TOS by TerraNetwork shall not be grounds for non-payment.
TerraNetwork agrees to provide the client with with web hosting services for a monthly, quartlery or annual fee. TerraNetwork will never require clients to advertise for TerraNetwork on their website in any way, shape or form. Clients are allowed to use TerraNetwork services for personal and/or business/commercial websites or content.
All services provided by TerraNetwork may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of UK law is prohibited. This includes, but is not limited to: copyright material, material that is threatening or obscene, material that is "adult only" content, or material protected by trade secrets or other statue. The subscriber agrees to indemnify and hold harmless TerraNetwork from any claims resulting from the use of the service which damages the subscriber or any other party.
TerraNetwork does not allow adult "xxx" related websites, pornography and sex-related content on its servers. Nor do we allow adult subscription or membership based "pay sites". This includes sexual content, or links to adult content hosted elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet. Links to such material are also prohibited. TerraNetwork will be the sole arbiter as to what constitutes a violation of this provision.
Educational adult websites and adult e-commerce stores are allowed but we recommend to check with TerraNetwork support before signing up as to whether we'd be prepared to host a site of this nature. As generic guideline "Ann Summers" type sites with non-explicit images are usually approved.
Violation of indecency and obscenity laws can result in criminal penalties.
Material accessible to you through TerraNetwork's services may be subject to protection under UK copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the TerraNetwork service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the TerraNetwork network. If you use a domain name in connection with the TerraNetwork service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
TerraNetwork does not allow the use of "catch all" email accounts. This is the practise of email@example.com directing all mail to a single mailbox. This practice is out-of-date and causes extreme surges of spam, both for you and for our spam filtering servers. To use an email address you must login to your control panel and create the required mailbox, catch-all mailboxes are banned and if found will be removed without notice or your account disabled.
Some domain names may receive such a high volume of spam email that it will not be possible for us to provide SpamExperts filtering service to them, due to the extreme usage. While SpamExperts is a dedicated system for handling huge volumes of spam it does have limits. Should the amount of spam or number of mailboxes in use on a domain break what TerraNetwork believes to be realistic limit thresholds for your hosting package then we will inform you that SpamExperts services will not be continued for your domain or an upgrade of package may be suggested. SpamAssassin will be supplied in replacement to SpamExperts.
We do not allow background-running programs. This includes any IRC related software such as bouncers and bots. We provide a hosting service not a shell service. You are not allowed to compile and run software on our hosting servers.
You are free to use any scripts (such as php, cgi or perl) you wish provided they do not affect the normal operations of the server and they are not mentioned specifically below.
Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, galleries, and banner exchanges. In the event a script affects normal server and/or administrative operations, TerraNetwork reserves the right to disable the account pending client cooperation and resolution.
Scripts we do not allow include:
Formmail and contact forms are acceptable providing the script is not named "formmail" for its filename and providing that you maintain the latest version of the script and it remains secure and un-abused by spammers.
We do allow you to have remote MySQL users if requested. The user must have a fixed, non changing, IP address for us to grant access to. You can request a remote MySQL user via our helpdesk.
Customers may not use the TerraNetwork network to attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. TerraNetwork will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
For security reasons TerraNetwork operates 'closed' datacentre facilities. Physical access to any servers or related equipment at any TerraNetwork locations is not permitted. Only fully authorised TerraNetwork staff are permitted access to work onsite at these facilities.
TerraNetwork provides customer-facing support 7 days a week: Monday - Friday 9am to 10pm. Weekends and Bank Holidays 11am to 5pm. All quoted times are current UK time (GMT / BST). Our servers are monitored by server admins 24/7 and any server-based error (server outage) is addressed 24/7.
TerraNetwork limits technical support to its area of expertise, this is providing web hosting services and related features. TerraNetwork does not offer support for application specific issues such as php programming, cgi programming, html, website design and development or any other such issue. TerraNetwork does not provide technical support for YOUR Clients.
Any additional work you may require from TerraNetwork staff which does not fall within usual support boundaries is charged at a rate of £25 GBP per hour, in 15 minute increments. All charges will be discussed before work commences on a per incident basis. An examples of work beyond the boundaries of normal support would e.g. be site transfers outside our free transfer offer.
Requests for cancellation must be submitted either via a cancellation request in the client area on our website or via an online support ticket at our helpdesk. Client area and helpdesk are located at support.terranetwork.net/web/. Your cancellation will be confirmed by TerraNetwork.
Cancellation must be received 48 hours or more before your next payment is due. TerraNetwork will then stop all recurring payments due and you will NOT be billed again
Changing a domains DNS to another provider or transferring a domain away from TerraNetwork does not constitute a cancellation request. A cancellation request must be submitted as described above and we will then confirm the cancellation date back to you.
Establishment of this service is dependant upon receipt by TerraNetwork of payment of all stated charges. Subsequent payments are due on a reoccurring date that coincides with the date of signup (monthly, quarterly or yearly terms).
Service may be interrupted on accounts that fall overdue (such as a credit card being declined or expired).
When payment is declined from your chosen payment method we will send an email notification. You will then need to manually pay via the invoice link provided. Payment reminders will be issued every 7 days after payment due date for a total of 3 reminders. After this period if we have not received payment or had notice from you that the due payment is in hand, your account will be suspended or terminated at the sole discretion of TerraNetwork.
It is very important you keep your email address on file with us current by updating your contact details in the client area at support.terranetwork.net/web/clientarea.php. Failure to keep us updated with your current email address may mean important communications don't reach you, resulting in suspension or termination of your hosting account.
All payments to TerraNetwork are non-refundable. This includes any setup fee and subsequent charges regardless of usage.
TerraNetwork does not offer any kind of "money back guarantee" or "trial period". But we do offer monthly and quarterly packages which include our free domain offer and the free domain can be transferred out at any time.
All domain registration fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your term.
Clients will be billed in GBP (Pounds Sterling) and prices include UK VAT at 20%.
If you are a VAT registered business in another EU member state then you must enter a valid VAT registration number in your details at point of ordering. Our billing system will then check your VAT number and if valid, will issue the invoice tax-free.
TerraNetwork reserves the right to change the pricing of products and/or services at any time. Prices are clearly visible on our website, and on invoices sent prior to renewal (14 days for yearly/quarterly payment terms; 7 days for monthly paymen terms).
TerraNetwork does not provide paper or hard-copy invoices. PDF invoices are sent via email and are available for download in the client area on our website: support.terranetwork.net/web/clientarea.php. Invoices are sent 14 days in advance for yearly and quarterly hosting contracts; and 7 days in advance for monthly hosting contracts.
Current prices for domain names are listed on our website: support.terranetwork.net/web/domainchecker.php.
TerraNetwork registers .uk domains via Nominet; all other domains via Enom. When we receive your domain order, we will submit your order to the appropriate body for registration. You will be able to control the following details via the client area on our website: DNS name servers, contact details, IPS TAG (for uk domains), EPP / Auth Code (for non-uk domains using this system).
When registering a .uk domain, a contract is entered by yourself with Nominet, the body governing .uk domains. You can find their latest Terms of Domain Name Registration on their site: www.nominet.org.uk/registrants/aboutdomainnames/legal/terms/.
Domain renewal fees are listed on our website: support.terranetwork.net/web/domainchecker.php. Changes to renewal prices will be advised to all affected clients by email. Invoices for domain renewals are sent 14 days in advance of renewal date.
TerraNetwork is not liable for expiry or loss of your domain name.
Before a domain expires you will be reminded to renew your domain by email to the address we hold on file for you. On the date a domain expires it will be deactivated by the registry, and no longer display your website. Once a domain is deactivated and expired you will have 30 days to contact us to renew the domain name at our regular renewal rates.
Redemption Period - After 30 days have passed since the expiry date of your domain, the domain is placed in its "redemption period" and to renew the domain at this stage will cost $250 USD (approx £179 GBP) +VAT. This is a cost charged by the registry and passed on to you by us. Redemption periods last between 30 and 60 days, and then the domain is released to the public so anyone can re-register your domain and you will lose it.
Current prices for domain names being transferred to TerraNetwork are listed on our website: support.terranetwork.net/web/domainchecker.php.
For .uk domains, you will need to modify the IPS TAG to transfer domain names to us. For details, please contact support.
For all other domains, you will need to unlock the domain and provide us with an "Auth Code" (EPP / Transfer code).
Any domain name registered by TerraNetwork (as your registrar) is yours to keep. You can transfer your domain name to a different registrar at any time once the domain is 90 days old. Newly registered domains do have a 90 day waiting period where they cannot be transferred from TerraNetwork to a different registrar.
The same 90 day 'no transfer' window applies when an expired domain is renewed or restored after being in the registry redemption period. Once 90 days have passed from renewing such domains they are then free to be transferred again.
There is no fee for transferring out a domain.
TerraNetwork offers 1 free domain with each hosting package with the following extensions: uk, .com, .org, .net, .biz, .eu, .us, .info. The domain is registered in your name on confirmation of payment for the hosting package. You are free to transfer out the domain at any time. The free domain offer is valid "for life", ie as long as you renew the hosting package on which the free domain offer was based, there will never be a fee for the domain itself.
Any attempts to undermine, slander, libel, threaten, or cause harm to a TerraNetwork server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.
TerraNetwork reserves the right at its sole discretion to refuse or cancel service. Violation of any of TerraNetwork's TOS could result in a warning, suspension, or account termination. Accounts terminated due to policy violations will not be refunded. Domains terminated due to policy violations will not be released to the customer.
TerraNetwork will not otherwise disclose its customers' personal and account information unless TerraNetwork has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of TerraNetwork, TerraNetwork' customers, or others, or where TerraNetwork has a good faith belief that the law requires such disclosure.
TerraNetwork also will not, except for reasons stated below, disclose to third parties the contents of any electronic mail, electronic communications, or other electronic data that TerraNetwork stores or transmits for its customers. The circumstances under which TerraNetwork will disclose such electronic customer communications or data are when:
It is the policy of TerraNetwork to not disclose any personal information or account data to third parties without prior consent of the individual unless instructed to do so by a court of law or other legal warrant/document.
TerraNetwork will in the normal course of its business collect personal information from clients and prospective clients, for the purposes of billing, customer service, provision of information, as well as other legitimate business reasons. This information may be stored in a number of ways including electronic and paper formats.
Any person may request a copy of personal information pertaining to themselves, which shall be provided free of charge after reasonable proof of identity. Any personal information held on our systems will be deleted on request and after reasonable proof of identity
We may also store information about you using cookies which we can later access when you visit our websites at a later date. If you want to delete any cookies that are already on your computer, please refer to your system administrator who will be able to help you locate and remove these cookies. If you want to stop cookies being stored on your computer in future, please refer to your browser manufacturer's instructions by clicking "Help" in your browser menu. Please note that taking either of these measures may prevent you accessing features offered from our sites.
As with most websites, when you visit one of our sites, we will log your IP address and time of access which may be used later for research or fault investigation processes.
Customer agrees that it shall defend, indemnify, save and hold TerraNetwork (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against TerraNetwork, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless TerraNetwork against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with TerraNetwork server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of TerraNetwork to the amount paid for service.
TerraNetwork will not be responsible for any damages your business may suffer. TerraNetwork makes no warranties of any kind, expressed or implied for services we provide. TerraNetwork disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by TerraNetwork and its employees. TerraNetwork makes no "uptime" guarantees. The Client agrees that TerraNetwork shall not be liable for any damages as a result of loss of hosting services or hosted data. The Client further acknowledges that TerraNetwork's liability for its own negligence is zero, and TerraNetwork may not be held responsible. Liability or Damages in any event may not exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall TerraNetwork be liable for any special or consequential damages, loss of revenue or injury.
TerraNetwork can accept no responsibility for any loss of data or consequences arising from this. TerraNetwork always advises clients to back up their site data regularly for their own protection. TerraNetwork does not guarantee its own backups of customer data and is not liable for any loss of data, loss of backups or inability to restore service after implementing its disaster recovery plan.
TerraNetwork furthermore expects that its customers who provide hosting services (resellers) to others will ensure its customers fully comply with all applicable laws and this TerraNetwork TOS. A reseller's client's failure to comply with those laws and our TOS will violate this policy.
a customer provides hosting services (resellers) to others and decides to cancel their reseller hosting account with TerraNetwork then TerraNetwork will not be responsible for maintaining hosting for the resellers customers. TerraNetwork has no agreement or responsibility to any resold services. Resold services to others are your own responsibility.
All communications (emails, verbal or written) are between TerraNetwork and the client. These communications are private and are therefore not to be shared with any other parties
This agreement is made between the customer (as specified in the customer details section when placing your order) and TerraNetwork. If you are purchasing hosting on behalf of another party please ensure you specify the account owners details in the customer details section. TerraNetwork will only be able to communicate with regards to the account with the registered customer and not a third-party.
Finally, TerraNetwork wishes to emphasize that in accepting services, customers indemnify TerraNetwork for the violation of any law or TerraNetwork policy that results in loss to TerraNetwork or the bringing of any claim against TerraNetwork. This means that if TerraNetwork is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against TerraNetwork, plus costs and reasonable legal fees.