Terms of Service | Fair User Policy

LayerOnline is dedicated to providing top quality service at a very affordable price. The conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers whilst at the same time satisfying our legal and ethical responsibilities.

Fair Use Policy

Some of our services are offered or described as being “unlimited” in nature. This is subject, at all times, to reasonable usage limits for shared hosting environment.

Disk Space

The vast majority of LayerOnline’s customers (that is more than 95%) do not use the disk space excessively. To prevent any user from monopolizing system resource, you are subject for additional charge if you exceed 100,000 files (inodes) per CPanel account. Backup will also be disabled when you reach the inode limit unless additional charge is paid. Please also note that your website performance will drop significantly when your website contain excessive inodes.

Bandwidth

Currently there is no upper limit for bandwidth usage.

If we determine, in our sole discretion, that your usage is excessive or unreasonable, we will contact you for a resolution.

30 Day Unconditional Money Back Guarantee

If you are not completely satisfied with our web hosting services within 30 days, you will be given a full refund. Refund is not applicable to SSL certificates and policy violations.

If you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund.

Uptime Guarantee

If your hosting server at LayerOnline has an unexpected server downtime outside of uptime guarantee percentage, you will receive the credit which is prorated for the amount of time the server is down, up to 100% of your monthly credit. Full credit will be given for the month if the server is down for more than 10 hours. These guarantees don’t apply to scheduled server maintenance and natural disasters. Server maintenance will be announced in email and it rarely requires the server to be rebooted. To request for the credit, please contact us. Approval of the credit is at the discretion of LayerOnline dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability.

Content

All services provided by LayerOnline may only be used for lawful purposes. The laws of the United States of America apply.

Personal photo albums and legal MP3 contents are allowed. The following are examples of content allowed on shared hosting:

  • Personal photo albums
  • Wedding/baby/family/hobby photo websites
  • MP3 files hosted by their artists
  • Photographer website with temp pickup area for clients

The following are examples of media content not allowed:

  • Any video files larger than 20MB (For videos please use services such as YouTube)
  • Video hosting service such as YouTube
  • Photo hosting service such as PhotoBucket
  • Music hosting service such as SoundCloud
  • Photographer website with client photo repository

Other unacceptable material on shared hosting include, but not limit to:

  • Proxy Scripts/Anonymizers
  • Pirated Software/Warez
  • File Dump/Mirror Scripts (similar to Rapidshare or Qooy)
  • Tweeting Scripts
  • Adult/Porn Sites
  • Topsites
  • IRC Scripts/Bots
  • AutoSurf/PTC/PTS/PPC Sites
  • Flash Game Sites
  • MPMU Sites
  • Banner-Ad services (commercial banner ad rotation)
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery Sites
  • MUDs/RPGs/PBBGs
  • Hateful/Racist/Harassment oriented sites
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro

Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account.

To ensure equal share of HTTP requests, files larger than 20MB may not be served from HTTP.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is unacceptable or violates our terms of service in any manner may be removed from our servers or otherwise disabled, with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via support ticket/email and will have a response within 48 hours.

We reserve the right to refuse, cancel, or suspend service at our sole discretion. If in doubt regarding the acceptability of your site, please contact us at [email protected] and we will be happy to assist you.

Resource Usage

User may not:

  • Use 50% or more of system resources for longer then 90 seconds.
  • Run stand-alone, unattended server-side processes at anytime. This includes any and all daemons, screen, IRCD, etc
  • Run any type of web spider or indexer (including Google Cash / AdSpy).
  • Run any software that interfaces with an IRC (Internet Relay Chat) network.
  • Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
  • Participate in any file-sharing/peer-to-peer activities
  • Run any gaming servers
  • Run cron entries with intervals of less than 15 minutes

Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. Any user who sends out spam will have their account terminated with or without notice. Sites advertised via spam may not be hosted on our servers. This provision includes, but is not limited to spam sent via fax, email, instant messaging, or usenet/newsgroups. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. LayerOnline reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of LayerOnline.

Backups and Data Loss

LayerOnline provides backup as a courtesy service. We do not backup video and audio files. Your use of the service is at your sole risk. LayerOnline is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on LayerOnline servers.

Cancellations

LayerOnline reserves the right to cancel the account at any time with or without notice. Any abuse of our staff in any medium or format will result in the suspension or termination of your services. Customers may cancel at any time via the client panel.

Disclaimer

LayerOnline shall not be responsible for any damages your business may suffer. LayerOnline makes no warranties of any kind, expressed or implied for services we provide. LayerOnline disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by LayerOnline and its employees.

Disclosure to Law Enforcement

LayerOnline may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

Changes to the TOS

LayerOnline reserves the right to revise its policies at any time without notice.

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