teraSERVICES Terms of Service:

By signing up for a teraSERVICES account you agree that you have read, understand the contents of, and agree to all terms and conditions. Should you have any questions concerning this Agreement, please email us at contact@teraservices.com

These terms and conditions are between the user and teraSERVICES governing use of our services.

Refund of charges

When users cancel their account, they will not be issued refunds for their most recent (or any previous) billing. The single exception to this is NON-TRIAL annual subscribers. Annual subscribers who wish to cancel and request a refund may do so within 30 days of cancelling their account; in these cases, only a partial refund equivalent to 80% of the pro-rated value of the annual fee will be returned. Other requests for refunds may be processed at the sole discretion of teraSERVICES sales staff members.

If you have a question while canceling your account, you must give our staff adequate time to respond to your message. Delays in our support system do not qualify as a reason to extend your trial period, or excuse canceling after 14 days.

Restrictions.

Unauthorized use of the teraSERVICES service, or the resale of said service without our prior written consent, is expressly prohibited. You shall not copy, sell, transfer, distribute, publish, or assign your license to our services in any format to any third party.

Third Party Usage; Limitation on Our Responsibility

All transactions using teraSERVICES services are between the transacting parties only. teraSERVICES is not an agent of any transacting party, nor or we a direct party in any such transaction. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party. teraSERVICES shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. Should you have any problems resulting from your use of any third party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible unless the problem was the direct result of our breaches.

User Accounts.

For online services, you will choose or be assigned a personal, non-transferable username and password, and you are responsible for maintaining the confidentiality of your password. You are also responsible for all content and information stored, transferred, and received under your username and password. If you suspect a person has accessed your account without authorization, it is your responsibility to alert teraSERVICES immediately. In addition, you acknowledge that teraSERVICES may communicate with you through email. You are responsible for ensuring that teraSERVICES has your current email address so that teraSERVICES can provide you such communications.

Payment of Fees.

The fees applicable for teraSERVICES service are available at www.teraservices.com and as published within the service. teraSERVICES reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by email to the address you have most recently provided us).

User Conduct.

You are solely responsible for the content of all data you store or retrieve from teraSERVICES' system and from all public folders. You agree to abide by all applicable local, state, national and international laws and regulations in connection with teraSERVICES service. In addition, without limitation, you agree not to use teraServices service to: (a) send unsolicited or unauthorized junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) advertise or promote a commercial product or service that is not available through teraSERVICES services; (c) store or transmit any file containing: (i) unlawful, defamatory, threatening, pornographic, abusive, libelous, or otherwise objectionable material of any kind or nature; (ii) any material that encourages conduct that could constitute a criminal offense; (iii) any code or material that violates the intellectual property rights or rights to publicity or privacy of others; (d) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs, or cancelbots; (e) interfere with or disrupt servers or networks connected to teraSERVICES service or violate the regulations, policies or procedures of such networks; (f) access or attempt access to teraSERVICES service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; (g) harass or interfere with another user's full use and enjoyment of teraSERVICES service; or (h) cause, in teraSERVICES sole discretion, inordinate burden on teraSERVICES system resources (i.e. bandwidth). If these resources are not sufficient, you may need to arrange a custom file hosting plan.

Termination.

teraSERVICES reserves the right to terminate without notice your password, account or use of teraSERVICES service and delete any data within teraSERVICES service if you fail to comply with this Agreement or for cause of any other nature. You may terminate your user account upon notice to teraSERVICES at any time. Upon termination by teraSERVICES or at your direction, you may request a file of your data, which teraSERVICES will make available for a fee. You must make such request at the notification of termination to receive such file within thirty (30) days of termination. teraSERVICES shall have no obligation to maintain any data stored in your account or to forward any data to you or any third party.

teraSERVICES reserves the right to suspend or terminate without notice.

Proprietary Rights.

Except for the licenses granted herein, you have no right, title or interest in or to teraSERVICES service or any content. You agree that teraSERVICES or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to teraSERVICES service and content, including, without limitation, text, images, and other multimedia data. teraSERVICES and/or other teraSERVICES products and services referenced herein are either trademarks or registered trademarks of teraSERVICES.

Non-Responsibility; No Warranties; Indemnification.

In the event that teraSERVICES concludes offering data storage services, teraSERVICES users will receive the option to have their stored files sent to them in CD or other format selected by teraSERVICES. teraSERVICES does not guarantee length of service.

teraSERVICES is not responsible for circumstances beyond its control, including without limitation actions of third parties, force majeure, Acts of God, natural disasters, or similar circumstances. Further, teraSERVICES does not provide any warranties respecting its services, and specifically disclaims any warranty of merchantability or suitability for particular purposes.

You agree to indemnify and hold teraSERVICES harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including, without limitation, attorneys' fees and costs) resulting from or in connection with your use of teraSERVICES services or breach of this Agreement.

In the event that, notwithstanding the foregoing disclaimers and indemnification, teraSERVICES is found responsible to any teraSERVICES user for any reason whatsoever, teraSERVICES responsibility shall be limited to the amounts actually paid by such user for teraSERVICES services, and shall not include punitive damages or consequential or resulting damages of any nature.

IF YOU BECOME A teraSERVICES USER YOU ACKNOWLEDGE THE ABOVE MENTIONED TERMS AND ACKNOWLEDGE THAT teraSERVICES IS IN NO WAY GUARANTEEING THE INTEGRITY AND/OR SECURITY OF YOUR FILES.

Changes.

teraSERVICES reserves the right to amend the terms and conditions of this Agreement at any time and shall notify you by posting an updated Agreement on www.teraservices.com and/or by sending you an email message. Continued use of teraSERVICES service after notice is given of such changes shall constitute your consent to such changes.

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