Legal Documents

Our Terms of Service

Terms and Conditions

These Terms and Conditions ("Agreement") govern the services provided by Teracast Networks LLC ("Teracast") and are applicable to all customers. By using Teracast’s services, you agree to comply with the terms set forth below. Any violation of these terms may result in the suspension or termination of services without notice.

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware and the United States of America. Any legal actions or proceedings arising out of or relating to this Agreement shall be exclusively subject to the jurisdiction of the state or federal courts located in Delaware.

1. Age Requirement & Authority

You represent and warrant that by signing up to our services, you are at least eighteen (18) years of age or thirteen (13) years of age with consent and authority from a legal adult to enter into a legally binding contract.

Alternatively, if you are purchasing services on behalf of a company/third party, you represent and warrant that you have the authority to do so, which in turn is bound by these Terms of Service and is at least eighteen (18) years of age.

2. Acceptable Use & Fair Use Policy

All services provided by Teracast may only be used for lawful purposes. You are prohibited from transmitting, storing, or presenting any content that violates any applicable federal, state, or local laws of the United States. This includes but is not limited to copyrighted material, content deemed threatening or obscene, and material protected by trade secrets or other laws. Customers agree to indemnify Teracast against any claims arising from the use of our services that cause harm or damage. You are also agreeing to Teracast Network's Acceptable Use Policy, Network Fair Use Policy, and additional policies which will be made expressly available regarding our services. Service contracts may have their own terms and conditions as well as their own definitions of fair use and acceptable use, please refer to your contract if you have these services.

3. Disclaimer of Warranties

Teracast provides its services "as is" and makes no warranties, either expressed or implied. Teracast is not liable for any damages your business may incur, including but not limited to data loss or interruptions in service. Teracast is not responsible for any loss of data due to service outages, maintenance, or unforeseen issues.

4. Prohibited Activities

The following are examples of content and activities that are strictly prohibited:

  • CPU/Resource Intensive Programs
  • Denial of Service (DoS) Attacks
  • Spamming or Unsolicited Email Marketing
  • Hacking or Cracking Activities
  • Transmission of copyrighted content, pirated software, or any illegal materials
  • IP Scanning, Brute Force Programs, and Spam Scripts
  • Storage of MP3s, movies, pirated software, hacker tools, or warez

Violation of these policies may result in immediate suspension or termination of your account. Refer to our Acceptable Use Policy for our full policy regarding prohibited activities.

5. Traffic Usage

All service plans come with specific bandwidth allowances. Exceeding this limit may result in service suspension until additional bandwidth is purchased. If your plan does not specify a bandwidth limit, it will be governed by our Fair Use Policy.

6. Server Abuse

Any attempt to compromise the integrity of our servers or services is strictly forbidden. As a customer, you are responsible for all actions originating from your account. Breaches of this policy may result in immediate termination of service without refund.

7. Right to Refuse Service

Teracast reserves the right to refuse, suspend, or terminate services at its sole discretion. This policy applies to all sub-networks, resellers, and dedicated server clients.

8. Billing and Payment

Services will be activated once the initial payment is received and the account is verified. Invoices are sent via email at least one week prior to the due date. Payment must be made by the invoice due date to avoid service disruption. Accounts with overdue invoices are subject to suspension and potential termination. In the event of termination, all associated data will be permanently deleted, and Teracast is not responsible for data recovery.

9. Affiliate Payments

Affiliate payouts are processed on the 1st or 15th of each month, subject to manual review.

10. Credit Card Policy

Credit card payments may require additional verification, including a copy of a photo ID and the credit card used for payment. Failure to verify may result in order cancellation. Automatic billing will occur on the service due date.

11. Fees

Late Payment Fee: A 15% late fee applies to overdue invoices.
Cancellation Fee: A 25% fee may be charged for cancellations without prior notice.
Abuse Fee: A $40 USD fee per IP per incident will be assessed for abuse complaints.

12. Refunds and Cancellation Policy

Teracast does not issue refunds for canceled contracts. Refunds are not provided for setup fees, domain registrations, SSL certificates, or overage charges. A 30-day notice is required for cancellations. Teracast Networks does not offer refunds for any sold items or billed work.

13. Limitation of Liability

Teracast is not liable for any direct, indirect, incidental, or consequential damages resulting from the use or inability to use our services, including data loss or service downtime. Our liability is limited to the immediate termination of the affected service.

14. Reporting Violations

Any violations of these policies should be reported to [email protected]. All reports will be promptly investigated, and appropriate actions will be taken.

15. Uptime Guarantee

Teracast guarantees a 99.99% uptime for core services (HTTP, FTP, POP, IMAP, SMTP). Refer to our Service Level Agreement

16. Account Activation

By activating your account with Teracast, you agree to these Terms and Conditions. Your acceptance of this Agreement is recorded upon request for activation and maintained as part of your account information.

17. Amendments to Terms

Teracast reserves the right to modify these terms and conditions at any time without notice. Changes to pricing and service plans may also be made without prior notification.

NOTICE: If you sign up for a service and fail to comply with these terms, no refunds will be issued. We will make reasonable efforts to notify you by email or phone before taking any action, giving you an opportunity to address the issue.

For any questions or concerns, please contact us at [email protected].

18. Arbitration Agreement

By using Teracast's services, you agree to waive the right to litigate and any legal disputes or inquiries must go through binding arbitration. This agreement to arbitrate is intended to be broadly interpreted and includes, but is not limited to, claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. The arbitration will be conducted by a third party decided by any affected parties under its rules and procedures.

19. Third Party Data Handling

Teracast may use third-party service providers to manage and deliver certain aspects of our services. These third parties may have access to your data as necessary to perform their functions, but they are not permitted to share or use the data for any other purpose. Teracast ensures that any third-party service providers adhere to strict data protection and privacy standards to safeguard your information.