Terms Of Service

THIS AGREEMENT (“Agreement”) is made and effective as of the date of acceptance, by and between you (“Client”) and HostLayer.

1. Services

HostLayer agrees to provide to Client the services agreed upon on signup as specified in the HostLayer database and www.hostlayer.com

2. No Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, commonly known as spam. Any user who sends out spam will have their account terminated without notice.

HostLayer reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. HostLayer also reserves the right to make any such modifications in an emergency at our sole discretion.

HostLayer 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 left entirely to the discretion of HostLayer. A Proud Member of the ReadyWire Family of Companies

3. Security

Any attempt to violate the security, stability, or integrity of HostLayer's computing or network resources, or those of any other organization, will result in immediate and permanent account termination and the notification of the appropriate authorities. This specifically includes such things as port scanning, denial of service attacks, attempts to crack passwords, etc.

4. Service Restrictions

  4.1 Backups

The HostLayer servers and the Client account shall not be used to store any sort of backups.

  4.2 Chat Applications

All chat applications are strictly prohibited for use on the HostLayer servers. This includes but is not limited to chat applications written in PHP, Perl, CGI, Python, Ruby, etc. Any web application that provides 'real-time' chat is not permitted. Shoutboxes, Chatboxes and other web based chat programs other than those specifically provided by HostLayer are prohibited.

  4.3 Other Prohibited Sites/Services

   - Running a proxy, whether publicly accessible or protected, is not permitted.
   - Operating a public mirror site from your account is not prohibited.
   - Offering Image, File, Document and Data storage, and hosting and email services are strictly prohibited.
   - Banner rotation services and link exchanges are not permitted.
   - The abovementioned services / web content create undue system load on our servers and should only be run in a dedicated server environment. All violations will be shut down immediately and may result in account suspension and/or termination.

5. Database Restrictions

   - All users are restricted to 15 concurrent MySQL connections.
   - Database queries are not to exceed 3,100 per hour.
   - Database changes (insert/delete/update) should not exceed 1,000 per hour.
   - Each database shall not exceed 2 GB in size.

6. Inodes

The total number of inodes in an account may not exceed 25,000.

7. Email and Web

   - Simultaneous web connections shall not exceed 50.
   - Web programs should not fork or spawn any processes.
   - Mail attachments should not exceed 10MB.
   - Mailing lists should not exceed more then 1,500 members.

8. Payment Information

You agree to supply appropriate payment for the services received from HostLayer, in advance of the time period during which such services are provided. You agree that until and unless you notify HostLayer of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Cancellations must be done by emailing billing@hostlayer.com. You must cancel your account 5 days before the next billing cycle to avoid being charged for another billing cycle. HostLayer reserves the right to remove all Client content from the HostLayer servers upon receiving notice and confirmation of account cancellation.

Accounts cancelled/terminated by HostLayer do not qualify for the 30 day money back guarantee. This also includes accounts suspended for TOS violations, in which the customer decides not to fix the violation. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

9. Uptime Guarantee

If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of HostLayer 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. The uptime of the server is defined as the reported uptime from the operating system of the server which may differ from the uptime reported by individual services. To request a credit, please contact sales@hostlayer.com with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions.

10. Price Changes

Although HostLayer has never changed the price our clients pay for their hosting, HostLayer reserves the right to change prices at any time.

11. Content

The use of HostLayer servers is only allowed for lawful purposes. This includes but is not limited to copyrighted material, obscene material or material that we judge to be threatening or obscene.

Examples of content not allowed on our servers:

• Scam Sites (ex: Ebay/Paypal,CC/Password Scam sites)
• Mailbombers or any sort of spam sites
• IRC Bots
• Warez Sites
• Hate Sites
• Roms / Emulators
• Pirated Software
• Proxies
• Hack programs and archives
• Malicious Scripts