Legal
Terms of Service Agreement
Last updated November 3, 2024
These terms summarize the operating and contractual expectations for Terabit services, billing, conduct, and dispute handling.
1. Introduction
These Terms govern access to and use of Terabit websites, server hosting, networking solutions, and related services. By using the services, customers agree to these Terms together with the Privacy Policy and Acceptable Use Policy.
Silver Creek Technologies, Inc. is a Delaware corporation. Users confirm they are at least 18 or have guardian consent and have authority to enter into this agreement on behalf of themselves or any represented entity.
2. Eligibility and User Responsibility
2.1 Eligibility Requirements
Users must be of legal age in their jurisdiction and authorized to enter binding agreements. If an account is used for an organization, the user represents that they can bind that organization.
2.2 Account Responsibility
Customers must provide accurate registration details, keep them up to date, protect credentials, and promptly report unauthorized access or security issues.
2.3 Compliance
Use of the services must comply with applicable laws and Terabit policies. Violations may lead to review, suspension, or termination.
3. Accounts and Service Availability
Certain product features require an account. Users are responsible for all activity that occurs under their account and understand that service availability can be impacted by maintenance, hardware failures, or network incidents beyond Terabit's control.
Terabit may modify, suspend, or discontinue aspects of the services to improve operations or respond to business and technical needs.
4. Acceptable Use and Conduct
Customers may not use the services for unlawful, abusive, fraudulent, or disruptive activities. Customers remain responsible for all content, software, and traffic sent through the platform.
- Fraudulent or deceptive conduct.
- Hacking, vulnerability exploitation, or service interference.
- Malware distribution or operation of harmful code.
- Intellectual property infringement and similar unlawful distribution.
5. Payments, Billing, and Cancellation
5.1 Pricing and Renewals
All applicable fees are due as invoiced. Billing cycles may be monthly, quarterly, annual, or otherwise specified. Unless noted otherwise, recurring services renew automatically until cancelled.
5.2 Refunds
Refund requests may be granted within two days after delivery when requested through billing support. Setup fees, one-time fees, pre-orders, Basically Dedicated servers, and dedicated servers are non-refundable. Chargebacks without first attempting resolution with Terabit may result in account termination.
5.3 Late Payments and Cancellation
Late payments may trigger suspension, termination, fees, or collection activity. Customers may cancel through the client portal or support workflow, but cancellation does not automatically entitle them to refunds outside the stated refund policy.
6. Data, Privacy, and Security
Terabit may collect and process information necessary to provide and secure the services as described in the Privacy Policy. Customers remain responsible for the legality, integrity, backup, and security of their own data and workloads.
Industry-standard protections are used, but no system is infallible. Customers should maintain their own backup, encryption, and resilience practices where appropriate.
7. Intellectual Property and Third-Party Services
Terabit and its licensors retain ownership of platform software, branding, and related materials. Customers receive a limited, revocable license to use the services in accordance with these Terms and may not reverse engineer or exploit service code without permission.
Third-party services and content integrated with the platform remain subject to the terms of those third parties. Terabit is not responsible for their availability or accuracy.
8. Disclaimers and Limitation of Liability
Services are provided on an as-is and as-available basis without warranties of uninterrupted availability, merchantability, fitness for a particular purpose, or non-infringement, except where such disclaimers are not permitted by law.
To the fullest extent permitted by law, Terabit's aggregate liability is capped at the amount paid by the customer in the preceding twelve months, and Terabit is not liable for indirect, incidental, consequential, special, or punitive damages.
9. Indemnification, Termination, and Disputes
Customers agree to defend and indemnify Terabit from claims arising from their use of the services, policy violations, rights infringements, or legal breaches. Terabit may suspend or terminate access where customer conduct threatens the business, users, or infrastructure.
Disputes are governed by Delaware law and, where applicable, resolved through individual arbitration in Delaware under AAA rules. Class and representative actions are waived, subject to carve-outs for injunctive relief concerning intellectual property rights.
10. Updates, Subpoenas, and Contact Information
Terabit may update these Terms from time to time. Significant changes may be communicated by email or site notice, but customers remain responsible for reviewing the current version.
Subpoena and legal information requests should be coordinated first through legal@silvercreektechnologies.com. Civil subpoena responses may incur compliance charges, including research, copying, delivery, media, and transfer fees.
Silver Creek Technologies, Inc., 1209 Orange St, Wilmington, DE 19801, United States. General inquiries: contact@silvercreektechnologies.com. Legal: legal@silvercreektechnologies.com. Privacy: privacy@silvercreektechnologies.com. Abuse: abuse@silvercreektechnologies.com.