Terms of Service
sharedLayer Limited, (also referred to as 'the Company', and 'sharedLayer' in the proceeding text) agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). Use of sharedLayer Limited's Service constitutes acceptance and agreement to sharedLayer Limited's AUP as well as sharedLayer Limited's TOS policy (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of sharedLayer Limited, and AUP (acceptable use policy). The TOS and AUP may be changed at any time at the discretion of the Company. Subscriber understands that changes in policy by the Company shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the Netherlands, applicable to contracts enforceable in that country.
Indemnification.
sharedLayer's users are required to protect, hold harmless, defend and indemnify sharedLayer, its employees, any third party (individual or entity) involved in conveying the service to the user, executives, directors, attorneys, lawyers, solicitors, consultants, contractors, subsidiaries (which have the same parent company as sharedLayer), from and against any and all losses, liabilities, judgments, costs, court proceedings, causes of actions, including but not limited to legal costs and expenses, arising out of the user's employment of the sharedLayer range of services.
Service Rates. The Billing Policy of sharedLayer, which binds all users utilizing all its services, can be found on the web site under the Legal paragraph.
Liability.
sharedLayer Limited, a limited liability company (Ltd), registered in England and Wales and The Netherlands.
To the maximum extent of the law, in no event and in no theory of law or equity may sharedLayer, its directors, executives, managers, attorneys, lawyers, solicitors, employees, representatives, contractors, third-parties involved with the conveying of service(s) to user(s), or any other individual or entity involved with creating, conveying and/or maintaining services by sharedLayer, be liable for any loss of business, directly or indirectly, loss of domain name, revenue decrease, costs increase, cost of substitute products and/or sharedLayer's services, or any other loss or damage whatsoever, or the inability to use sharedLayer's services, or any other direct or indirect damages. sharedLayer and the above listed individuals and entities are also immune from liability for negligence of any kind.
sharedLayer is only liable for the amount, paid in full, for its services, over a period of time which has not been utilized.
Service Disruptions. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons. Therefore, subscriber agrees that sharedLayer shall not be liable for any damages. In no event shall the company be liable for any special or consequential damages, loss, or injury.
Support Boundaries. sharedLayer, provides 24 x 7 technical support to their clients, All servers provided by sharedLayer are unmanaged unless an Service Level Agreement is contracted for the specific server.
sharedLayer does not offer technical support for application specific issues such as php/cgi programming, or any other issue.
SPAM and Unsolicited Commercial Emails (UCE). sharedLayer Limited is maintaining a zero tolerance approach when it comes to the sending of Unsolicited Commercial Email or SPAM through our network(s).
Customers may not use or permit others to use our network to transact in UCE or SPAM.
Customers may not host, permit the hosting of, sites or information that are related to or advertised by UCE from other networks.
Violations of our zero tolerance policy will carry severe penalties, including the (immediate) termination of service.
1. Violation of sharedLayer's SPAM policy will result in severe penalties. Upon notification of an alleged violation of this SPAM policy, sharedLayer will initiate an immediate investigation (within 48 hours of notification). During the investigation, EOS Technolgies may restrict customer access to the network, equipment and facilities to prevent further violations.
If a customer is found to be in violation of our SPAM policy, sharedLayer may, at its sole discretion, restrict, suspend or terminate customer's account. Further, sharedLayer reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. sharedLayer will notify the appropriate law enforcement officials if the violation is believed to be a criminal offense.
2.First violations of this policy will result in an "Administrative Fee" of $200.00 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500.00 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" rated at $125.00 per hour that EOS Technolgies's personnel must spend to investigate the matter.
3.As our Customers are ultimately responsible for the actions of their clients over the sharedLayer network(s), it is advisable that Customers develop a similar, or stricter, policy for their clients.
Notification of violation.
sharedLayer is under no duty to look at each customer's or user's activities to determine if a violation of the AUP or TOS has occurred, nor does sharedLayer assume any responsibility through our AUP or TOS to monitor or judge Internet-related activities.
First Violation
Any User, which sharedLayer determines to have violated any element of this Acceptable Use Policy or Terms of Service, shall receive an email, warning them of the violation. The service may be subject to a temporary suspension at sharedLayer sole discretion, pending a User's agreement in writing, to refrain from any further violations.
Second Violation
Users that sharedLayer determines to have committed a second violation of any element of this Acceptable Use Policy or Terms of Service shall be subject to immediate suspension or termination of service without further notice.
Assignments and Usage.
IP Address Ownership.
If sharedLayer assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to sharedLayer, and Customer shall have no right to use that Internet Protocol address except as permitted by sharedLayer in its sole discretion in connection with the Services, during the term of this Agreement. sharedLayer shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by sharedLayer and sharedLayer reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. All IPs that are allocated to client must be utilized within 48 hours. If allocated IPs are not utilized within this time frame The Company reserves the right to retract IPs that are not being utilized without notifying the client.
Bandwidth Usage.
sharedLayer will monitor Customer's bandwidth. sharedLayer shall have the right to take corrective action if Customer's usage negatively impacts other clients.
System and Network Security.
Users are prohibited from violating or attempting to violate the security of the network(s) used by sharedLayer. Violations of system or network security may result in civil or criminal liability. sharedLayer will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
5. Taking any action in order to obtain services to which such User is not entitled.
Suspension or Cancellation of Service.
sharedLayer reserves the right to suspend network access to any customer if in the judgment of the sharedLayer network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which sharedLayer chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
Changes in Policies.
sharedLayer reserves the right to amend its policies at any time. All Sub-Networks, resellers and unmanaged servers of sharedLayer must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.
Other Provisions.
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
1. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
2. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
3. sharedLayer takes no responsibility for any material input by others and not posted to the sharedLayer Network by sharedLayer. sharedLayer is not responsible for the content of any other websites linked to the sharedLayer Network; links are provided as Internet navigation tools only. sharedLayer disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
4. sharedLayer is not responsible for any damages your business may suffer. sharedLayer does not make implied or written warranties for any of our services. sharedLayer denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by sharedLayer.
Responsibility for Content.
The Customer, is solely responsible for the content stored on and served by your sharedLayer server(s).
Liability for Colocation.
sharedLayer assumes zero liability for colocated hardware, including, but not limited to, lost or damaged equipment. Additionally, the customer assumes full liability for maintaining insurance on their own hardware in colocation with sharedLayer.
