Terms and Conditions

General

Disclaimer

Clients are allowed to use the service for business/commercial or personal websites or content. Layered Networks reserves the right to change this agreement at any time without notice. Layered Networks will not be responsible for any damages your business may suffer. Layered Networks makes no warranties of any kind, expressed or implied for services we provide. Layered Networks 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. Layered Networks keeps daily backups of their servers. Layered Networks can accept no responsibility for any loss of data or consequences arising from this. Layered Networks always advises clients to back up their site data regularly for its own protection. Finally, Layered Networks wishes to emphasize that in accepting services, customers indemnify Layered Networks for the violation of any law or Layered Networks policy, that results in loss to Layered Networks or the bringing of any claim against Layered Networks. This means that if Layered Networks is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Layered Networks, plus costs and reasonable legal fees. Failure to comply with any of our terms and conditions will result in grounds for immediate account deactivation. Layered Networks reserves the right to change, edit, or update the policies contained in this document, along with the content on our website at any time for any reason without notice.

Intellectual Property Rights

Material accessible to you through Layered Networks may be subject to protection under the United States of America (or any other country) 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 Layered Networks 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 Layered Networks Network. If you use a domain name in connection with the Layered Networks 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.

Contents and Usage

All services provided by Layered Networks may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless Layered Networks from any claims resulting from the use of the service which damages the subscriber or any other party. Unacceptable contents or links includes, but is not limited to: pirated software, nulled scripts, hacking programs or archives, warez sites, warez linking, illegal MP3 or related audio files, proxies, spamming software, VIP poster, high yield investment program sites. Also Layered Networks does not allow the use of IRC related software on its network or servers.

Defamation

Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Refusal of Service

Layered Networks reserves the right at its sole discretion to refuse or cancel service. Violation of any of Layered Networks Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Free domains which have been granted for customers paying annually are released to the customer at the end of there hosting period. Domains terminated due to policy violations will not be released to the customer.

Spam or Unsolicited E-Mail

You must not use the Layered Networks Network, Layered Networks equipment or any Layered Networks email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the Layered Networks Network, Layered Networks equipment or any Layered Networks email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.

If your account has been used to send spam, Layered Networks reserves the right to disable your domain without warning. In addition, Layered Networks may impose a $500 penalty for each spam policy violation. Layered Networks solely reserves the right to refuse or cancel service to known spammers. Lastly, Layered Networks reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

Abuse

Any attempts to undermine, slander, libel, threaten, or cause harm to a Layered Networks 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.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Layered Networks (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Layered Networks, 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 Layered Networks against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Layered Networks 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 Layered Networks to the amount paid for service.

Free Domain Policy

The customer must continue their service for at least 3 months before transferring a domain from Layered Networks otherwise a full domain registration fee will apply. This fee will be deducted from refund requests as well.

Refund and Cancellation Policy

For payment, Layered Networks accepts credit cards and bank transfers through PayPal. Layered Networks invoices are sent to your specified email address only and can be also accessed via the client area. You may request a refund under our 30 day money back guarantee and receive a full refund (excluding any setup fees, tax fees or domain name registrations fees incurred) if the request was made within 31 days of signing up to a plan where the full payment was received. Layered Networks have the right to refuse any refund requests in which the customer violates any terms and conditions. No refunds are available on domain registrations and transfers or dedicated servers. Layered Networks also provides a 99.9% uptime guarantee and if you experience under 99.9% uptime in a certain month you are eligible for receiving account credit. The credit amount will determined by Layered Networks and you must contact us if you wish to receive it.

You must use only the client area to make a cancellation. The request must be made at least 1 week prior to your next renewal, otherwise your next invoice will remain valid and needs to be paid. On cancellation you may be required to confirm your identity.

Late Payment

Any account whose payment status is not current as of the start of the next billing period is deemed late. Generally, customers are given a 14 day grace period after which the account is put on suspension. Once the invoice is late by 7 days a late fee of 25% will be automatically added to the invoice. You will receive a payment reminder everyday from the start of your payment due date. If after 30 days payment has not been received or we have not been contacted regarding payment, your account will be terminated without any further notice. Reactivation of closed accounts due to delinquency incurs a $15 reactivation fee as well as payment of the balance due in full. For late payments please email sales@layerednetworks.com to arrange payment.

Shared Web Hosting

Account Usage

All shared web hosting accounts must have valid, working websites, and not violate any terms and conditions. You are not allowed to use these accounts for mass storage of files, proxy sites, file upload/download sites or similar. Any customers found to violate these terms may have their account(s) suspended or terminated.

Background Programs

Clients are not allowed to run programs in the background without the permission of Layered Networks.

Resource Usage and Limits

As this is a shared environment an account is allowed to use up to 25% for a short period of time and 5% for long periods of time of a server's resources. In the event a script affects normal server and/or administrative operations, Layered Networks reserves the right to disable the account pending client cooperation and resolution.

Dedicated Servers

Due to a shortage of IP addresses around the world each dedicated IP must be requested via the dedicated IP request form and will only be given if the requester has a complete and valid reason. Dedicated servers will be charged a one time fee of $10 for each order.