1. Agreement and eligibility
By accessing or using our websites, customer portals, hosting, network, delivery, support, or related services (collectively, the “Services”), you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.
You must be at least 18 years old and legally capable of entering a contract. If you use the Services for an organization, you represent that you have authority to bind that organization, and “you” includes the organization.
2. Services and orders
Specific Services may be described in an online order, quote, statement of work, service order, or other document accepted by both parties (each, an “Order”). An Order may specify scope, fees, term, support, usage limits, service levels, and additional terms.
If documents conflict, the following order of precedence applies unless an Order states otherwise: a signed amendment or negotiated master agreement, the applicable Order, any service-specific terms or service level agreement, these Terms, and website materials.
You are responsible for evaluating whether the Services meet your technical, legal, regulatory, security, and business requirements. Estimates, demonstrations, and beta or evaluation features are not commitments to deliver future functionality.
3. Accounts and security
You must provide accurate account and billing information and keep it current. You are responsible for activity under your account, including activity by users you authorize.
You must safeguard credentials, use reasonable security measures, and promptly notify legal@teitoku.net if you suspect unauthorized access or a security incident involving the Services. We may require multi-factor authentication or other protective controls. You may not share individual credentials except where a Service expressly supports shared access.
4. Acceptable use
You may not use, facilitate, or allow use of the Services to:
- violate any applicable law, regulation, court order, or third-party right;
- distribute malware, conduct phishing, send unsolicited bulk messages, or operate deceptive schemes;
- gain or attempt unauthorized access to systems, accounts, data, or networks;
- interfere with, probe, scan, overload, or disrupt a system or network without authorization;
- host or distribute content that is unlawful, infringing, fraudulent, or that exploits or endangers children;
- avoid usage limits, conceal abuse, falsify routing or identity information, or resell Services where an Order prohibits resale;
- use the Services in a way likely to damage TTK Net’s systems, reputation, providers, or other customers; or
- benchmark or test security of the Services for public disclosure without our prior written permission.
We may investigate suspected violations. You agree to reasonably cooperate with abuse and security investigations and promptly remediate activity originating from your systems or users.
5. Customer content and data
“Customer Content” means data, software, configurations, communications, and other material submitted to, stored on, or transmitted through the Services by or for you. As between the parties, you retain ownership of Customer Content.
You grant TTK Net and its subcontractors a limited, non-exclusive right to host, copy, transmit, process, and otherwise use Customer Content only as necessary to provide, secure, support, and improve the Services, comply with law, and enforce our agreements.
You represent that you have all rights and permissions needed for Customer Content and our processing of it. You are responsible for providing legally required notices and obtaining legally required consents from your users.
Privacy and data processing
Our handling of personal information is described in our Privacy Policy. If applicable law requires a separate data processing agreement, the parties will enter one appropriate to the Services.
Backups and export
Unless an Order expressly includes managed backups, you are responsible for maintaining independent backups and testing restoration. Before termination, you should export Customer Content using available methods. We may delete Customer Content after termination, subject to an Order, applicable law, and ordinary backup-retention cycles.
6. Fees, billing, and taxes
You agree to pay the fees and applicable usage charges stated in an Order. Unless an Order states otherwise, invoices are due upon receipt, fees are quoted in US dollars, and payment obligations are non-cancelable and non-refundable except as expressly provided by these Terms or required by law.
Late undisputed amounts may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. You must notify us of a good-faith billing dispute within 30 days after the invoice date and timely pay all undisputed amounts.
Fees exclude sales, use, excise, value-added, and similar taxes. You are responsible for those taxes, except taxes based on our net income. If withholding is required, you will provide appropriate documentation and, unless prohibited by law, pay amounts necessary for us to receive the invoiced amount.
7. Operations and availability
We may maintain, modify, replace, or discontinue features of the Services. We will use commercially reasonable efforts to provide notice of material changes that adversely affect paid Services when practical.
Services may be unavailable because of maintenance, faults, attacks, third-party providers, internet conditions, emergencies, or events outside our reasonable control. Any uptime commitment, support response target, maintenance window, or service credit applies only if expressly stated in an Order or service level agreement. Service credits, if any, are the sole remedy for failure to meet a service level.
Third-party products, networks, domains, certificates, software, and services may be subject to separate terms and may change or become unavailable independently of TTK Net. We are not responsible for third-party services, but we will perform any coordination expressly included in an Order.
8. Intellectual property and confidentiality
TTK Net and its licensors retain all rights in the Services, documentation, software, designs, methods, trademarks, and related technology, excluding Customer Content. Subject to these Terms and payment of fees, we grant you a limited, non-exclusive, non-transferable right to use the Services during the applicable term for your internal business purposes.
You may provide suggestions or feedback. You grant us a perpetual, irrevocable, worldwide, royalty-free right to use that feedback without restriction or obligation, provided we do not publicly identify you as its source without permission.
Confidential information
Each party may receive non-public information that a reasonable person would understand to be confidential. The receiving party will use it only to perform or receive Services and will protect it using reasonable care. These duties do not apply to information that is public through no breach, already lawfully known, independently developed, or rightfully received without restriction. A party may disclose information when legally required after providing notice where permitted.
Copyright complaints
If you believe material available through the Services infringes your copyright, send a sufficiently detailed notice to legal@teitoku.net. We may remove or restrict allegedly infringing material and terminate repeat infringers where appropriate.
9. Suspension and termination
Either party may terminate Services as stated in an Order. If no term is stated, either party may terminate a recurring Service by giving 30 days’ written notice, but prepaid fees remain non-refundable unless we terminate without cause.
We may suspend or restrict Services immediately when reasonably necessary to address a security risk, unlawful activity, an acceptable-use violation, material harm to the Services or others, a provider requirement, or unpaid undisputed fees. When practical, we will provide notice and an opportunity to cure.
Either party may terminate for a material breach that remains uncured 30 days after written notice, or immediately if the breach cannot reasonably be cured. Upon termination, your right to use the affected Services ends and all accrued fees become due. Provisions that by their nature should survive—including payment, intellectual property, confidentiality, disclaimers, liability limits, indemnification, and general terms—will survive.
10. Warranties, liability, and indemnity
Disclaimer of warranties
Limitation of liability
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for loss of profits, revenue, goodwill, business opportunity, or data, arising from or related to the Services, even if advised that such damages were possible.
Except for payment obligations, breach of confidentiality, infringement or misappropriation of the other party’s intellectual property, indemnification obligations, or liability that cannot legally be limited, each party’s total aggregate liability arising from or related to the Services will not exceed the amount you paid or owed to TTK Net for the affected Services during the 12 months before the event giving rise to liability.
Indemnification
You will defend, indemnify, and hold harmless TTK Net and its officers, members, employees, contractors, and affiliates from third-party claims, damages, losses, liabilities, costs, and reasonable attorneys’ fees arising from Customer Content, your use of the Services in violation of these Terms or law, or your infringement of a third-party right. We will promptly notify you and reasonably cooperate at your expense. You may not settle a claim in a way that admits our fault or imposes obligations on us without our written consent.
11. General terms
Governing law and venue
Idaho law governs these Terms without regard to conflict-of-law principles. Any dispute arising from or relating to these Terms or the Services must be brought exclusively in a state or federal court located in Idaho, and each party consents to personal jurisdiction and venue there. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Compliance
You will comply with applicable export controls, sanctions, anti-corruption laws, and telecommunications requirements. You represent that you are not prohibited from receiving the Services under US law.
Changes to these Terms
We may update these Terms by posting a revised version and changing the effective date. Material changes to paid Services will take effect at the next renewal or 30 days after notice, whichever is later, unless a change is required sooner by law or addresses an urgent security or abuse issue. Continued use after the effective date constitutes acceptance.
Miscellaneous
Neither party is liable for delay or failure caused by events beyond its reasonable control, except payment obligations. You may not assign these Terms without our written consent; we may assign them in connection with a reorganization, merger, acquisition, or sale of substantially all relevant assets. The parties are independent contractors, and these Terms create no partnership, agency, or fiduciary relationship.
If a provision is unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will continue. Failure to enforce a provision is not a waiver. Headings are for convenience only. Electronic communications and signatures satisfy writing requirements. These Terms and incorporated Orders are the entire agreement about the Services and supersede prior discussions on that subject.
12. Contact and notices
Legal notices to TTK Net must be sent by email to the address below. We may provide notices to the email associated with your account, through the Services, or by other reasonable electronic means.
Thomas James Rogge Rock Analysis, LLC
Doing business as TTK Net
Idaho, United States
Email: legal@teitoku.net