Terms of Service
Important information you need to know!Always Reliable. Always Online.
Please ensure you understand our terms of service (TOS) before signing-up with any of our services.
These terms and conditions will apply to all services under the domain www.LayerHost.com and it's sister companies. Layer Host (as known as "LayerHost", or the "Company"), is a registered private corporation under the Secretary State of California, these terms will apply to the clients (the "Subscriber") under this company, whether you are a paid subscriber or you receive any services from LayerHost or from a sister company, agree as follows:
1. AGE RESTRICTION OF CLIENTS
1.1 Age Recommendation. Any clients who orders from LayerHost through our online order system, will represent and warrant the client's self that he/she is at least 13 years of age and that the client has the legal capacity to enter‚ this agreement.
1.2 Age Restrictions. If the client is not at least 13 years old or older, the client will have to notify us for a termination with our services immediately and will be prohibited for any other service use under this company.
1.3 Under the Age of 18.Anyone under the age 18 must have the parents or legal guardian consent to access this site to participate in any of our services. You will also agree to bypass any security and/or access features that we may have installed on the order form. Furthermore, we do not assume any responsibility or liability for any problems regarding the clients age.
2. ACCESS, LIMITATION, RESTRICTIONS
2.1 Access. Before obtaining any sort of access with the company's control panels, you will be asked for additional personal information that we keep safe and private under our records. The client must guarantee that the information provided is correct, complete, and true. If we believe that some of your information provided is incorrect, or incomplete, we will then have the right to refuse you access to our services and to terminate or suspend your access at any time with no refund.
2.2 Limited License. Subject to these Terms and Conditions and in consideration of using our services, we hereby grant you a limited, nonexclusive, nontransferable personal license to access and use our services. We provide our services for personal, non-commercial use, viewers, fans, visitors, subscribers and/or potential subscribers. Users of our services are granted a single copy license to use our services and attendant software (on a single computer only). Our services shall be for private non-commercial use only, and all other uses are strictly prohibited. We reserve the right to limit the amount of bandwidth used. You agree to prevent any unauthorized hacking of our services or unauthorized use thereof. Any unauthorized use of our services or any of the Materials contained therein terminates this limited license effective immediately. You represent and warrant that you will not allow anyone under the age of 13 to access our services without the permission of a parent or legal guardian. We reserve the right to terminate this license at any time if you breach or violate any provision of this Agreement, in which case you will be obligated to immediately destroy any information or materials you have downloaded, printed or otherwise copied from our servers. Violators of this limited license may be prosecuted to the fullest extent under the applicable law.
3. BILLING, PAYMENTS, REFUNDS, FEES, AND SUBSCRIPTIONS
3.1 Billing. LayerHost will have the right to set up your services of your choosing only if a full payment is made through our secure online order system. You will also get a generated invoice before 20 days of your invoice is due. It is your responsibilities for your own payments, and you are in charge for any fees may occur during your time with us. Our order forms are fully secured, and we will insure your security once your payment is made.
3.2 Payments. If there is an overdue balance on your account over 5 days, LayerHost will have the right to suspend or terminate your services until the full payment is made, we will also notify you once it occurs. LayerHost offers many different types of payment options that may help you to pay for your services. Such as PayPal, Credit Card, BitCoin, Wire Transfers, and Cash/Money Order.
3.3 Refunds. LayerHost does NOT provide any refunds for any of our clients. Unless you are protected under our money back guarantee please read section 11 for more information or if a billing issue occurs.
3.4 Automated Subscription. You must be aware if using the payment option "PAYPAL" or "CREDIT CARD" you are responsible for the subscription that is activated once you have purchased your services. Meaning once your order is complete an automated subscription will be activated and by each due date the funds will be automatically withdrawn from your funding source. We will NOT OFFER REFUNDS for automated subscriptions, unless it relates to Section 11 of these terms of services. To cancel your automated subscription you can either cancel your services with us by opening a support ticket at www.layerhost.com/billing or you can cancel it from your side. We will not be held liable for any fees, or misuse of payments through paypal. We say again once a subscription payment is made, we will not refund the amount of the payment price unless covered in section 11. If you are having problems with your services you may request a cancellation of services with no questions asked please read section 11 for more information.
3.5 Fees. LayerHost, may charge your account with a fee, that will occur when there are a problem or issues that have occurred to your services. If the problem or issue has occurred because of LayerHost problems, we will not charge your account.
3.6 Set Up Fees. All set up fees are free for all dedicated server rentals. Set-up Fees will be applied if it is required by a third-party provider or on as needed bases.
4. WHAT WE PROVIDE
4.1 Bare Metal Servers (as known as "Dedicated Servers"). LayerHost provides a dedicated server box that ranges from basic to advance specs. Each specs differs in process, ram, and hard drive space.
4.2 Colocation Services. LayerHost provides power, cabinet space, uplink, IP allocations, and bandwidth. IP Transit Services.
4.3 DDoS Mitigation Services. LayerHost provides DDoS Mitigation Services (best known as "Ultimate DDoS Mitigation") this service is exclusive to Level 3 ingress traffic. Providing protection against Layer 1 to 6 DDoS attacks to client's server hosts. All mitigation is done upstream from our Level 3's circuits.
4.4 IP Transit Services. LayerHost offers a broad of IP transit connectivity ranging from Level 3, Cogent, PCCW, NTT, China Telecom, and China Unicom. Carriers may very over time depending on availability. We offer this services for subscribers who have colocation services, or provided to a third-party colocation provider. Keep in mind that the subscriber is responsible for all cross connect fees when it comes to LayerHost's IP Transit services.
4.5 VPS Servers. LayerHost will provide cloud/vps services with a user interface.
4.6 Web Hosting. LayerHost provides hosting on the company server boxes, under the control of WHM, and Cpanel.
5. COPYRIGHT INFORMATION/RIGHTS
5.1 Copyright Information. The Materials accessible by our servers, and any other World Wide Web Site owned, operated, licensed, or controlled by us, is our proprietary information and valuable intellectual property. Any copyright infringement will not be tolerated. Our words and software are registered with the U.S. Copyright Office. Our Materials may not be copied, distributed, republished, modified, uploaded, posted, or transmitted in any way without the prior written consent of us, except that you may print out a copy of the Materials solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials. Modification or use of the Content except as expressly provided in these Terms and Conditions violates our intellectual property rights. Neither title nor intellectual property rights are transferred to you by the use of our services. All of our Materials, such as text, graphics, photographs, video and audio clips, music, soundtracks, button icons, streaming data, animation, images, downloadable materials, data compilations, and software are the property of LayerHost or its content suppliers and are protected by United States and international copyright laws. The compilation of all of our Materials is the exclusive property of LayerHost or its content suppliers and protected by United States and international copyright laws, as well as other laws and regulations.
6. EXAMPLES OF UNACCEPTABLE CONTENT OR LINKS:
Hacker programs or archives
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE. ADDITIONALLY, SHOCKWAVE SERVERS WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
7. UNPAID INVOICES
7.1 Collateral of Customer Hardware. Please note that LayerHost, reserves the right to take ownership of colocated equipment should the account be more than 30 days past due on any payments.
7.2 Suspension of Services. Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.
7.3 Indemnify of Services. You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services.
7.4 Termination/Breach of Services. If you fail to pay any sums due to us as they become due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you. If you break any of these terms and conditions and you fail to correct the breach within seven (7) days following written notice from us specifying the breach, we may terminate this Agreement forthwith.
7.5 Liquidation. If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to terminate this Agreement forthwith. On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us.
8. UPGRADE SERVICES
8.1 Upgrades. All upgrades will not take effect during the current billing cycle; all new upgrades will take place during the start of the new billing cycle. If the client needs an immediate upgrade the client must pay the full price for the upgrade, but the client will not get extended dates within their billing cycle.
9.1 Set-up Time. All setups are to be made within 24 hours of the day of purchase. It may change on any specific services such as dedicated servers and many more; you will be notified the setup rate on the description of the order form.
10. CANCELLATIONS AND TERMINATIONS
10.1 Cancellation Policy. Our cancellation policy requires you to go to https://www.layerhost.com/billing/clientarea.php and submit a cancellation support ticket. It is mandatory that you provide us with the cancellation support ticket at least 24/hours before the next due date. Cancellations through mIRC are NOT valid and will not be acceptible for a proper cancellation. If you request a cancellation your automated subscription will be canceled from our side. You hereby agree to be personally liable for any charges incurred by you until termination of membership for goods or services through your use of the services. If your account is canceled by you, no refund, including any membership fees, will be granted; no online time or other credits will be credited to you or can be converted to cash or other forms of reimbursement. This Agreement provisions shall survive until termination, unless otherwise stated. Upon our processing of your request to cancel your membership, you will no longer have access to the non-public areas of our services.
11. MONEY BACK GUARANTEE
11.1 Money Back Guarantees. We insure your service's satisfaction that you are guaranteed a 99% Uptime or your money back. If you are at any time unsatisfied with your services under our 3 or 30 day money guarantee terms you will receive a full refund of the service price. Set up fees or any other fees will NOT be refunded at any time. The following services will be protected under our 3 day money back guarantee: Bare Metal Servers, VPS Servers, Colocation, IP Transit, and DDoS Mitigation Services. The following services will be protected under the 30 day money back guarantee: Web Hosting and Web Hosting Reseller Services. The money back guarantee is protected only if the customer is unsatisfied with the services' meaning; late set-up time over our 24/hour set up time, connectivity issues that the technicians from LayerHost are unable to resolve. We must have some sort of proof of your unsatisfactory with our services for the money back guarantee to be affective.
11.2 Addendum of Money Back Guarantee. Our policies may change at any time. It is the responsibility of our clients to monitor this page to keep up to date and current with our TOS agreement. Failure to comply with our TOS may be just causing for LayerHost to terminate our agreement. No other contract shall negate any part of our TOS agreement. We always reserve the right to refuse service to anyone. Once you agree to this TOS, you will agree to any changes without notice.