Interpretations

Hosting services interpretations
In the “LAYER NEXT” Agreement, the following words and expressions shall have the following meanings:

• Additional Charges
  • The Costs and/or “LAYER NEXT” Charges not included in the Initial Invoice and payable by the Client.

• Additional Invoice
  • A written statement of account sent by “LAYER NEXT” to the Client setting out the Additional Charges.

• Additional Services
  • Any Additional “LAYER NEXT” Services. Services or Costs including without limitation Dedicated IP Address, Dedicated Server, Domain ID Protection, Domain Registration, Domain Transfer, Control Panel, Hardware upgrade, Promotional Offer, Service upgrade, SSL certificate, VPS Hosting and/or any software/hardware sourced from an external vendor.

• Bandwidth
  • A measure of available or consumed data communication resources expressed in bit/s or multiples of it, allocated to your Hosting Service.

• Billing Cycle
  • The Interval between periodic billings for Services rendered. “LAYER NEXT” Services are rendered on a monthly and/or yearly basis.

• Business Day
  • Any day other than public holidays in India and weekends.

• Client
  • The person or entity purchasing the Services from “LAYER NEXT” and identified in the Checkout Form.

• Checkout Form
  • The “LAYER NEXT” online checkout form attached to “LAYER NEXT’s” Website, which enables the Client to purchase and/or subscribe to any of “LAYER NEXT’s” Services, which incorporate these terms and conditions.

• Costs
  • Any third party costs incurred or to be incurred by “LAYER NEXT” in its provision of the Services.

• Dedicated Server
  • A type of Hosting Service which is at your complete disposal, whereas you don’t share its resources with any other Client.

• Disk Space
  • The amount of space on a server assigned to your Hosting Service for your Web Content.

• Document
  • Any documents the possession of which is necessary to obtain access to “LAYER NEXT” Services and Hosting Services including without limitation Dedicated Server, Reseller Hosting,Shared Hosting and/or VPS Hosting.

• Domain Name
  • A unique name that identifies a Website. A Domain Name is a component of a URL used to access Website.

• “Early Termination Fee
  • A fee applicable when the Client wishes to withdraw from its Billing Cycle obligations.

• Early Termination Fee
  • A fee applicable when the Client wishes to withdraw from its Billing Cycle obligations.

• Hosting Service
  • A Hosting Service is a type of Internet service that allows individuals and organizations to make their own Website accessible via the World Wide Web. “LAYER NEXT” renders its Hosting Services in the form of Dedicated Server, Reseller Hosting, Shared Hosting and/or VPS Hosting.

• Initial Fees
  • The amount payable by the Client as a payment as specified in the Checkout Form.

• Initial Invoice
  • A written statement of account sent by “LAYER NEXT” to the Client setting out the Initial Fees.

• LAYER NEXT
  • A brand/service owned by IDEAS PLUS TECHNOLOGY SOLUTIONS PVT. LTD. Incorporated under the Companies Act, 1956, having a Branch office address at 23, Second floor, Shri Rang Palace, Next to INOX Multiplex, Zadeshwar Road, Bharuch. (GUJ) India.392001.

• LAYER NEXT Charges
  • “LAYER NEXT’s” own charges for Services.

• Overselling
  • Overselling is the act of selling more Disk Space and Bandwidth than have been allocated to your Reseller Hosting.

• Reseller Hosting
  • Reseller Hosting is a form of Hosting Service wherein the Client has the ability to use its allotted Disk Space and Bandwidth to host Websites on behalf of third parties.

• Registration Data/RD
  • "Registration Data"/ "RD" shall mean the information provided by you while registering for use of any services on the site.

• Sales Promotion
  • Marketing communication employed for a pre-determined, limited time to increase consumer demand or improve Service availability.

• Server
  • A Computer, or a software package, that provides a specific kind of service to Client software running on other computers.

• Server Resources
  • This is the amount of CPU and Memory power your Website may utilize on the Server.

• Services
  • This is the amount of CPU and Memory power your Website may utilize on the Server.

• Service Registration Form (“SRF”)
  • For availing any Service you have to fill in the Service Registration Form ("SRF") that is available at the Websites. Upon registration we will provide You customer ID and password ("Security Codes") Provision of any of the Services are subject to LAYER NEXT acceptance of your SRF.

• Shared Hosting
  • Shared Hosting refers to a form of Hosting Service, wherein many Websites reside on one Server connected to the Internet. Each Website sits on a designated section or place on the Server to keep it separate from other Websites.

• Signup Date
  • The date on which the Services are due to commence as set out in the Checkout Form.

• Spamming
  • Spam, known as unsolicited bulk e-mail, is the practice of sending unwanted e-mail messages, frequently with commercial content, in large quantities to an indiscriminate set of recipients.

• URL
  • A Uniform Resource Locator (URL) specifies where an identified resource is available on a Server and the mechanism for retrieving it.

• VPS Hosting
  • VPS Hosting refers to a form of Hosting Service, when a server is divided into several parts; each part becomes a small independent server. Each independent part has its unique file system and gets a guaranteed fraction of the server’s disk space, bandwidth, CPU power and memory.

• Web Content
  • Web Content is the textual, visual and aural content that is encountered as part of the user experience on Websites. It may include, among other things: text, images, sounds, videos and animations.

• Webmaster
  • An organization and/or individual including without limitation Website designer, administrator, programmer, and/or coder who’s responsibility it is to manage Client’s Domain Name and Hosting Services, including without limitation Dedicated Server, Reseller Hosting, Shared Hosting and/or VPS Hosting.

• Website
  • A Website is a collection of related Web Content, or other digital assets that are addressed relative to a common URL, often consisting of only the Domain Name.

• WWW
  • The World Wide Web, abbreviated as WWW and commonly known as The Web, is a system of interlinked hypertext documents contained on the Internet.

Universal Terms of Service

YOUR ELECTRONIC ACCEPTANCE OF THIS TOS SIGNIFIES THAT YOU HAVE READ, UNDERSTAND, ACKNOWLEDGE AND AGREE TO BE BOUND BY THIS TOS/ AGREEMENT, ALONG WITH THE FOLLOWING CORPORATE POLICIES, And all other policies adopted by LAYER NEXT from time to time.

This Terms of Service Agreement (‘AGREEMENT’) is entered into

BETWEEN

The Terms of Service (“TOS”) set forth represent a legally binding contract between Layernext.com/.in/.co.in (a brand/service of IDEAS PLUS TECHNOLOGY SOLUTIONS Private Limited; also referred as “we”, “us”, “ LAYER NEXT”) and you (“Client,” “you” or “your”), that shall govern the purchase and use, in any manner, of the services provided by LAYER NEXT.

By purchasing and/or using LAYER NEXT services, you represent that you have read, understand, and agree to all terms and conditions set forth in the TOS, and that you are at least eighteen (18) years old and have the legal ability to engage in a contract.

1. RECITALS
The hereinabove stated recitals be treated as an integral part and parcel of this agreement.

2. DEFINITIONS

• 1) "Services" means and includes Web Hosting Services, SMTP Services, Domain Name Registration, Domain Name forwarding/redirection Services, Managed DNS Services, Email Hosting Services, SpamGuard Services, SSL Certification Services, Website Designing and Development Services and all other products and services that LAYER NEXT may offer You from time to time. sole discretion through the Website.
• 2) "LAYER NEXT" shall mean and refer to IDEAS PLUS TECHNOLOGY SOLUTIONS Private Limited.
• 3) "You" or "Your" shall mean and include any person or entity availing LAYER NEXT Services. The Customer.
• 4) "Agreement" shall mean this Agreement including Annexures;
• 5) "Website" shall mean the website of layernext.com/.in/.co.in or any other website owned and operated by IDEAS PLUS TECHNOLOGY SOLUTIONS Pvt Ltd
• 6) "Registration Data"/ "RD" shall mean the information provided by you while registering for use of any services on the site.
• 7) "Control Panel" shall mean the interface given to the customer to manage their service.
• 8) Confidential Information.

3. ACCEPTANCE OF TERMS
Service is offered to You on the condition that You accept all the TOS without modification or reservation by clicking the "I Agree" button

4. ELIGIBILITY; AUTHORITY
The Website and the Services are available only to users who can form legally binding contracts under the Indian law. By using the website or the services,

• 4.1 You represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under the Indian law.
• 4.2 If you are entering into this TOS on behalf of an entity, You represent and warrant that you have the legal authority to bind such entity to the terms and conditions contained in this TOS, in which case the terms "you", "your" or "User" shall refer to such corporate entity.

If LAYER NEXT finds that You do not have the legal authority to bind such entity, You will be personally responsible for the obligations contained in this TOS, including, but not limited to, the payment obligations.

5. TERMS AND USER SUBSCRIPTION

• 5.1 If You avail more than one Service from LAYER NEXT the TOS shall be applicable in respect of all the Service and Your acceptance of the TOS at the time of availing the Service for the first time shall be deemed to be acceptance of TOS for the Services availed subsequently.
• 5.2 If any Service of LAYER NEXT is availed of, the policies and further terms specific to that Service as described in the annexures to the TOS shall also be applicable to You in addition to the TOS.
• 5.3 For availing any Service you have to fill in the Service Registration Form ("SRF") that is available at the Websites. Upon registration we will provide You customer ID and password ("Security Codes") Provision of any of the Services are subject to LAYER NEXT' acceptance of your SRF.
• 5.4 You agree (i) to provide LAYER NEXT with true, accurate, current and complete information as prompted by the SRF (such information being the "Registration Data"/ "RD"); (ii) to maintain and promptly update the RD to keep it true, accurate, current and complete at all times. If you suspect an error in the RD information supplied to LAYER NEXT, You shall immediately make 'best efforts' to correct the error wherever possible or inform LAYER NEXT in writing.
• 5.5 If LAYER NEXT has reason to believe that Your RD is untrue, inaccurate, out-of-date or incomplete, LAYER NEXT reserves the right, in its sole and absolute discretion, to suspend or terminate your account. You are solely responsible for the activity that occurs on your account, whether authorized by you or not, and you must keep your account information and Security Codes secure at all times. For security purposes, LAYER NEXT recommends that you frequently change Your password. You must notify LAYER NEXT immediately of any breach of security or unauthorized use of your account/Security Codes. LAYER NEXT will not be liable for any loss you incur due to any unauthorized use of your account. You, however, may be liable for any loss LAYER NEXT or others incur caused by your account, whether caused by you, or by an authorized person, or by an unauthorized person. LAYER NEXT is not responsible for any loss or damage caused to you due to any non-compliance of this clause.
• 5.6 During the term of this Agreement and for three years thereafter, the Customer shall maintain the records relating to its dealings with LAYER NEXT or its resellers.

6. PAYMENT OF FEES AND TAXES

• 6.1 You agree to pay the fees due for Services purchased from the Website at the time you order the Services. All fees are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated, or transferred prior to the end of the Service/s term. LAYER NEXT expressly reserves the right to change or modify its prices and fees at any time and such changes or modifications shall be effective immediately.
• 6.2 Payments will be considered fully paid when
  • a) Resellers/Customers pays via any prescribed method
  • b) Resellers/Customers inform the Registrar about the payment mode and Domain details and
  • c) The Registrar acknowledges the receipt of the payments.
• 6.3 In the event that a payment is made via a Credit Card or the payment instrument is sent by the Customers or Resellers bounces due to lack of funds or any other reason, then
  • a) LAYER NEXT may immediately suspend access to Control Panel.
  • b) LAYER NEXT has the right to terminate this agreement with immediate effect and without any notice.
  • c) LAYER NEXT in its sole discretion may delete, suspend, deny, cancel, modify, take ownership of or transfer any or all of the services taken by the customer as well as stop / suspend / delete / transfer any services currently being processed.
  • d) LAYER NEXT in its sole discretion may Transfer all services taken by the customer to any Customer, or under the LAYER NEXT account.
  • e) LAYER NEXT in its sole discretion may levy reasonable additional charges for the processing of the Charge-back / Payment Reversal in addition to actual costs of the same.
  • f) LAYER NEXT shall have the right to initiate any legal proceedings against the Customer to recover any such liabilities.
• 6.4 LAYER NEXT reserves the right to change pricing, minimum order levels, and discounts, of any of its services, at any time.
• 6.5. The Customer shall be responsible for all the taxes and duties weather national, international, state or local, however designated, which are levied or imposed or may be levied or imposed, with respect to this Agreement and the services.

7. SERVICES

• 7.1 The use of the Service is subject to LAYER NEXT Privacy Policy. For more information, please see our full Privacy Policy at http://www.layernext.com/legal
• 7.2 LAYER NEXT reserves the right in its sole and absolute discretion and without prior intimation to You to change the terms and conditions under which the Service is offered, this TOS and other policies which may be referred to herein at any time and such changes or modifications shall be effective immediately as soon as they are uploaded on the Website. You can review the most current version of this TOS at any time athttp://www.layernext.com/legal/tos.htmlIf you continue to use Services after modifications to the TOS, You will be deemed to have agreed to be bound by the changes.
• 7.3 LAYER NEXT reserves the right to deny to you, at its sole and absolute discretion, access to the Service including or any portion thereof without any prior notice. Reasons for the refusal may or may not be given in writing by LAYER NEXT.
• 7.4 LAYER NEXT does not allow You or any clients/customers to install their own chat rooms. These tend to be large system hogs and LAYER NEXT cannot allow it.
• 7.5 Your website or Services offered to You may be suspended if LAYER NEXT receives any complaint of any nature in respect of your website.
• 7.6 You agree that in case of LAYER NEXTserver receives emails or any kind of requests for websites hosted by LAYER NEXT which is overloading server or creating any sort of problems, LAYER NEXT may temporarily or permanently disable related website(s)/accounts and LAYER NEXT will not be held liable for the same.
• 7.7 You must sign an agreement with your end-users and the end-users shall be bound by this TOS. You agree to give appropriate notice to your end users of the TOS and that the fact that they are bound by it.
• 7.8 All Services shall be ordered from LAYER NEXT online control panel where you shall log-in with password. All orders, support requests or requests for any changes or billing details or any details shall be communicated to LAYER NEXT via this control panel.
• 7.9 LAYER NEXT may temporarily or permanently stop any of the services.
• 7.10 LAYER NEXT reserves the right to deny or cancel the service within 30 days of starting of the service. In this case LAYER NEXT may refund the fees charged for the service after deducting the processing charges.
• 7.11 Notwithstanding the generality of the TOS mentioned in this Clause 7, You hereby agree to confirm to the policy specific to the service availed by You, as mentioned below:
  • 7.11.1 Web Hosting Services (Annexure I)
  • 7.11.2 Domain Name and Registration Services (Annexure II)
  • 7.11.3 Email Hosting Services (Annexure III)
  • 7.11.4 Web and Email Forwarding (Annexure IV)
  • 7.11.5 Managed Domain Name Servers (Annexure V)
  • 7.11.6 SSL Certification (Annexure VI)
  • 7.11.7 Dedicated Servers (Annexure VII)

8. YOUR OBLIGATIONS

• 8.1 You shall (i) bear all responsibility of keeping and ensuring that Passwords are kept in a safe and secured manner; (ii) not assign or disclose Your password to any person or entity; (iii) bear all liability that may occur as a result of the password being used by third parties, or due to their improper use.
• 8.2 You agree to immediately notify LAYER NEXT of any unauthorized use of Your account or any other breach of security known to You.
• 8.3 You agree that all co-ordination with regard to the request for Services between You and LAYER NEXT shall only be done via Live-Support or by authorized e-mail address provided by you in RD and by no other mode. All transmissions made via Live-Support or via authorized e-mail address provided by you in RD is deemed duly executed and is to be binding on the person sending it, no further signatures or authentication of any kind is necessary.
• 8.4 Intellectual Property: You acknowledge, agree and represent that your website, and all the content, including but not limited to text, software, music, sound, photographs, video, graphics or other material/information contained or maintained on Your website or presented to You is owned by You and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws ("Intellectual Property Rights") and that You shall not infringe upon the intellectual property rights of any third party.
• 8.5 Links to third party Web sites: LAYER NEXT does not endorse the content on any third-party websites, which could be accessed from the Website. LAYER NEXT is not responsible for the content of any dealings with third parties who advertise on the Website, or through participation in promotions, including the delivery of and the payment for goods and service, or Your use of third-party websites is at Your own risk and subject to the terms and conditions of use for such websites. If you decide to access any of the third party website linked to the Website, You do so entirely at your own risk. In the event that any of the terms contained herein conflict with the terms of service or other terms and guidelines contained within any such website, then the terms of service and other terms and guidelines for such website shall prevail.
• 8.6 The Website may contain advertising and sponsorship. LAYER NEXT will not be responsible for an error or inaccuracy in the advertising or promotional material.
• 8.7 You may enter into correspondence with or participate in promotions of the advertisers showcasing their products or services on the Website. LAYER NEXT is not responsible for the goods or services, terms, conditions, warranties or conditions of such advertisers. The agreement or understanding between You and such advertiser solely governs Your relationship with such advertiser and LAYER NEXT shall not be held liable or responsible with respect to Your relationship with such advertiser.
• 8.8 You acknowledge that any material, information and/or data downloaded or otherwise obtained through the use of the Service is done at Your own discretion and risk, responsibility and liability. You will be solely responsible for any damage to Your computer / computer system or loss of data that results from the download of such material and/or data.
• 8.9 You acknowledge that LAYER NEXT neither endorses the contents of any communications nor assumes the responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising there from, or any crime facilitated thereby.
• 8.10 You shall not:
  • 8.10.1 Use the Service to defame, abuse solicits, harass, stalk, threaten or otherwise violate the legal rights of any person or entity. You shall not use the Service to distribute any offensive material or information that promotes or contains bigotry, racism, hatred, profanity or obscenity, promotes physical harm or causes annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, or ill will;
  • 8.10.2 Engage in any fraudulent, abusive or illegal activity, including but not limited to any communication or solicitation designed or intended to fraudulently obtain the password or any private information of any person;
  • 8.10.3 Use the Website or Service to violate the security of any computer / computer network, crack passwords or security encryption codes, transfer or store illegal material / information;
  • 8.10.4 Reverse engineer, decompile, disassemble, copy, reproduce, distribute, modify, transmit, perform, reproduce, publish or create derivative works from or in any way exploit any of the Service in violation of this TOS or the laws of any country;
  • 8.10.5 Run any form of auto-responder, mail-list or spam on the Service or any processes that are run or are activated while You are not logged on to the Website;
  • 8.10.6 Send any electronic mail or electronic mail message, including spam message, with a view to cause annoyance or inconvenience to the recipient or to cause deception or mislead the recipient about the origin of the electronic mail;
  • 8.10.7 You will not modify or alter any part of the Website or the Services found at the Website or any of its related technologies;
  • 8.10.8 Distribute any downloaded file that You know, or reasonably should know, cannot be legally distributed;
  • 8.10.9 Reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, or redistribute or publish the information, software, and products or Services provided by LAYER NEXT or obtained from LAYER NEXT without obtaining LAYER NEXTexpress, prior written consent. This restriction includes any attempt to incorporate any information provided by LAYER NEXT into any other directory, product, or service;
  • 8.10.10 Do or undertake or make any attempt to do any act that violates LAYER NEXT intellectual property and intellectual property rights in the Service;
  • 8.10.11 Cache or permit caching by any person;
  • 8.10.12 Do any act, including without limiting, running internet relay chats or IRC bots, or any other acts that may cause the overload of the servers or which will adversely affect the Service as provided by LAYER NEXT to anyone, unless there is an explicit written permission from LAYER NEXT to do so. Your Services will be stopped immediately if LAYER NEXT is of the opinion that Your website is the cause of such server overload till such time as LAYER NEXT feels that Your website will not adversely affect LAYER NEXT services;
  • 8.10.13 Use or permit the use of the Service for any activity of any nature whatsoever that is or may be regarded as hacking, identity theft, impersonation or spying;
  • 8.10.14 Use or permit the use of the Service for any activity of any nature whatsoever that is or may be regarded as a threat to national security or cyber terrorism; and
  • 8.10.15 use the Service to store and/or display and/or publish and/or distribute any adult content, which without limitation includes all pornography, erotic images, child pornography, or otherwise lewd or obscene content. The designation of "adult content" is left entirely to LAYER NEXTdiscretion.
• 8.11 You shall ensure that any and all legal or commercial arrangements, agreements, contracts, deeds or other documentation you may enter into with any third party with respect to any subject matter related to or operated via or hosted on the Service shall be in full compliance with the terms and restrictions mentioned herein.

9. LAYER NEXT WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

• 9.1 Except as warranted in this TOS, LAYER NEXT expressly disclaims all warranties of any kind, whether express or implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, data accuracy, validity, integrity, correctness, adequacy & completeness, and any warranties relating to non-infringement in the Service.
• 9.2 LAYER NEXT makes no warranty that the Service will meet Your requirements.
• 9.3 LAYER NEXT shall not be held responsible or liable for the authenticity, accuracy, completeness, errors, omission, typographic errors, disruption, delay, interruption, failure, deletion, defect of any information etc. in this Service or Website or any part thereof.
• 9.4 LAYER NEXT shall not incur any liability, direct or indirect, to You or any third party, as a consequence of non-functioning of any equipment belonging to You, any third party or LAYER NEXT. LAYER NEXT shall not be responsible for any downtime of such equipment.
• 9.5 LAYER NEXT shall not incur any liability, loss, claim, expense or costs in relation to any unauthorized use of Your credit card number or any misappropriation of payments due to use of any Service on the Website.
• 9.6 LAYER NEXT does not warrant that the Service will be uninterrupted, timely, secure, or error free; nor does LAYER NEXT make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of the Service.
• 9.7 LAYER NEXT clarifies that there is no warranty of title, authority or non-infringement in the Service. LAYER NEXT makes no representations or warranties, either express or implied that the research, development, marketing, distribution, use or sale of the Service will not infringe any patent, copyright or other right of any third party.
• 9.8 LAYER NEXT makes no warranty regarding any service obtained or purchased through or from any other service provider to whom LAYER NEXT has provided a link through the Service or any transactions entered into through the Service.
• 9.9 LAYER NEXT will not be liable for any virus that may enter your computer / computer system as a result of Your use of the Service. LAYER NEXT makes no guarantee to You or third parties that the Service would be virus free. LAYER NEXT will not be liable for any direct, incidental or consequential loss, which may be caused to You as a result of Your use of the Service.
• 9.10 In the event the server or the Domain Name Server may need to be changed, reconfigured, upgraded or for any similar reason there is any delay, loss or damage to, the Service, or any data or information it is agreed that LAYER NEXT will in no circumstance be held responsible or liable for any such loss, delay or damage to You or to the Services. It is agreed that such events as mentioned above may cause You some inconvenience and/or damage, but at no point of time will You hold LAYER NEXT responsible for the inconvenience or damage caused to You.
• 9.11 LAYER NEXT shall be neither responsible nor liable for any deficiency that may be caused to Your Service or any external pointing service that may be caused due to the change of Your RD for any reason whatsoever. In the event You are planning of changing Your RD then You undertake to furnish this RD to LAYER NEXT at least thirty (30) days in advance of the days in which You are planning to make the actual changes to Your RD and LAYER NEXT is to be given at least thirty (30) days before which LAYER NEXT is to make the required changes in order to provide You with the Service.
• 9.12 LAYER NEXT shall not be held responsible for any loss or damage caused to You because of the actions of any employee or any person who acts beyond his/her authority and who may be associated with LAYER NEXT now or in the future and who may have access to RD relating to You.
• 9.13 LAYER NEXT shall at all times comply and cooperate with any government agency so authorized by the Government of India to monitor and collect traffic data or information generated, transmitted, received or stored in any computer resource in LAYER NEXT's possession.
• 9.14 LAYER NEXT is not liable to keep any back up of the information provided by You to LAYER NEXT or loaded on the web space provided by LAYER NEXT. You will be solely responsible for the file and database backup.Our backup service runs once a week, overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. LAYER NEXT 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 LAYER NEXT servers. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by LAYER NEXT. At no point of time we LAYER NEXTwill be responsible for any data loss in whatsoever be the manner.
• 9.15 LAYER NEXT makes no representation or warranty that the content available on the Website or the Services are appropriate in every country or jurisdiction, and access to the Website or the Services from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access the Website or the Services are responsible for compliance with all local laws, rules and regulations.
• 9.16 The Service is provided on "AS IS" and "AS AVAILABLE" basis. You agree to use the Service at Your sole risk, responsibility and liability. LAYER NEXT shall not be liable for any action taken by You based on or relying on the information provided in or by the Service.

10. TERM / RENEWALS

• 10.1 This Agreement shall be for a period of one (1) year unless otherwise specified in the SRF. The Term will get renewed for period of one (1) year automatically unless You inform LAYER NEXTs in writing at least one (1) month prior to expiry/renewal date of Your intention not to continue with the Service.
• 10.2 If Renewal is not confirmed (via Live-support or email), LAYER NEXTs has the right to disable/suspend the Services and LAYER NEXT may contact the end user for direct renewal.
• 10.3 The payment for the Renewal should be done at the time of the confirmation of the Renewal of the service.

11. LIMITATION OF LIABILITY

• 11.1 You agree that LAYER NEXT, its employees, directors, etc, shall not be liable for any direct, indirect, incidental, special or consequential damages, (including, but not limited to, damages caused by any virus, personal injury, loss of profits, data, business interruption, loss of privacy, or any other pecuniary loss) resulting from the use/delivery/performance or the inability to use/deliver/perform the Service or for cost of procurement of substitute goods and repair & correction services or resulting from the Service subscribed to or obtained or messages received or transactions entered into through or from the Service or resulting from unauthorized access to or alteration of Your transmission or data, even if LAYER NEXT has been advised of the possibility of such damages.
• 11.2 You agree that LAYER NEXT, its employees, directors shall not be liable to you or any third party for any direct, indirect, incidental, special, consequential or exemplary damage, loss, claim, expense or costs, (including, but not limited to, damages caused by any virus, personal injury, loss of profits, data, business interruption, loss of privacy, or any other pecuniary loss) resulting from
  • 11.2.1 Your inability to use the Service;
  • 11.2.2 Interruption, suspension or termination of Service, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.
  • 11.2.3 Non-functioning of any equipment belonging to you, any third party or us. We shall not be responsible for any downtime of such equipment.
  • 11.2.4 Any unauthorized use of your credit card number or any misappropriation of payments due to use of any Service on our Web site.
  • 11.2.5 Any virus that may enter your system as a result of you using the Service.
  • 11.2.6 Actions of any employee or any person who acts beyond his/her authority and who may be associated us now or in the future and who may have access to Registration Data relating to you.
  • 11.2.7 Delay or interruptions in access to our website or domain name registration system or the services;
  • 11.2.8 Data non-delivery or mis-delivery between us and you;
  • 11.2.9 Unauthorized use of your account or of the Services;
  • 11.2.10 Errors, omissions or mis-statements;
  • 11.2.11 Processing of updated information to the your registration records;
  • 11.2.12 Failure for whatever reason to renew your domain name registration;
  • 11.2.13 Force majeure events.
• 11.3 In no event will our entire liability for any claim, whether in contract, tort, or any other theory of liability, exceed the greater of the amount actually paid by you for subscribing to the Service, if applicable, or Rupees 100.

12. Representation And Warranties Each Party hereby represents and warrants that:

• 12.1 it has all requisite power and authority to execute, deliver and perform this Agreement and the terms and conditions contained herein;
• 12.2 this Agreement has been validly executed and delivered and constitutes a legal, valid and binding obligation on either Party;
• 12.3 the execution, delivery and performance of this Agreement does not in any way conflict or violate any provision of law, rule, judgment, order or any other contract applicable to such Party;

13. INDEMNIFICATION

• 13.1 You agree to protect, defend, indemnify and hold harmless LAYER NEXT and its officers, directors, employees, and agents, from and against any and all claim, demand, costs, expenses, losses, liabilities and damages of every kind and nature (including reasonable attorney's fees), made by any third party and imposed upon or incurred by LAYER NEXT, directly or indirectly, due to or arising out of : (a) Your use of the Website, Services; (b) violation of this TOS or the policies which are referred in this TOS, any intellectual property or any other right of any person or entity by you; (c) the violation or due to the or any acts or omissions of any of the terms and conditions of this TOS or the agreement between You and the end user; (d) Your violation of any third-party right.
• 13.2 The indemnification obligations under this clause shall survive any termination or expiration of this TOS or Your use of the Website or the Services.

14. TERMINATION AND CONSEQUENCES

• 14.1 If You violate any of the terms of the TOS or LAYER NEXT has grounds to believe that You have violated any term of this TOS, LAYER NEXT may at any point of time, with or without sufficient cause either temporarily or indefinitely terminate Your access to the Service or any part thereof without waiving any other rights.
• 14.2 It is agreed that in the event LAYER NEXT terminates Your Service because You do not make the payments (as specified in the Service Registration Form) on a timely basis, LAYER NEXT has the right to suspend the Service immediately and take such other steps as may be permissible.
• 14.3 If You provide any information that is untrue, inaccurate, not current or incomplete, or LAYER NEXT has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, LAYER NEXT has the right to suspend or terminate the Service (or any portion thereof).
• 14.4 LAYER NEXT has the sole discretion to discontinue the Service indefinitely if in its opinion Your website is the cause of any activity that could adversely affect LAYER NEXT in or its Services in any way.
• 14.5 You agree that Your sole remedy under this TOS is cancellation of the Service.

15. MISCELLANEOUS

• 15.1 Assignment: Except as otherwise expressly provided herein, the provisions of this agreement shall inure to the benefit of and be binding upon, the successors and assigns of the Parties; provided, however, that any such successor or assign be permitted pursuant to our Articles, Bylaws or policies. You shall not assign, sublicense or transfer your rights or obligations under this agreement to any third person/s except as authorized herein or with our prior written consent.
• 15.2 Confidentiality: You come into possession our proprietary and confidential information ('Confidential Information'). You shall at all times keep Confidential Information confidential and use all reasonable efforts, including implementing reasonable physical security measures and operating procedures, to preserve the secrecy and confidentiality of, all Confidential Information. You shall not at any time, without our prior written approval make any disclosures whatsoever of any Confidential Information to others. If you are not an Individual you may disclose the Confidential Information to your officers and employees only on need to know basis and you shall advise such personnel of the confidential nature of the Confidential Information and of the procedures required to maintain the confidentiality thereof. You shall not modify or remove any confidentiality legends and/or copyright notices appearing on any Confidential Information.
• 15.3 You agree that no joint venture, partnership, employment, or agency relationship exists between us as a result of this Agreement/TOS or use of this Web site.
• 15.4 If any part of this Agreement/ TOS is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the TOS shall continue in effect.
• 15.5 This Agreement/ TOS constitute the entire agreement between us with respect to this Web site and Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between us with respect to this Web site and Service.
• 15.6 Force Majeure: Neither Party shall be liable to the other Party for any loss or damage resulting from any cause beyond its reasonable control or from any act of God ('Force Majeure Event').
• 15.7 Delays Or Omissions; Waivers: No failure on the part of any party to exercise any power, right, privilege or remedy (Right) under this Agreement/ TOS, and no delay on the part of any Party in exercising any Right under thisAgreement/ TOS, shall operate as a waiver of such Right; and no single or partial exercise or waiver of any such Right shall preclude any other or further exercise thereof or of any other Right. No Party shall be deemed to have waived any claim arising out of thisAgreement/ TOS, or any Right under thisAgreement/ TOS, unless the waiver of such claim or Right is expressly set forth in a written instrument duly executed on behalf of such Party; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given. No waiver of any of the provisions of thisAgreement/ TOS shall be deemed to constitute a waiver of any other provision (whether or not similar), nor shall such waiver constitute a waiver or continuing waiver unless otherwise expressly provided in writing duly executed.

16. OWNERSHIP AND USE OF DATA

You agree and acknowledge that Registrar owns all data, compilation, collective and similar rights, title and interests worldwide in the Database, and all information and derivative works generated from the Database.

Registrar, Service Providers and the Registry Operator and their designees/agents have the right to backup, copy, publish, disclose, use, sell, modify, process this data in any form and manner as maybe required for compliance of any agreements executed by Registrar, or Registry Operator or Service Providers, or in order to fulfill services under this Agreement, or for any other appropriate reason.

17. JURISDICTION & ATTORNEY'S FEES This Agreement/ TOS is governed by the laws of the Republic of India. You consent to the exclusive jurisdiction and venue of courts in Bharuch, India in all disputes arising out of or relating to the use of this Web site or Service. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of this TOS, including without limitation, this paragraph. However, in respect of domain name dispute, the Domain Name registration shall be governed by the then current law or as thecame may be policies of ICCAN or DOTIN REGISTRY or any other applicable registry.

If any legal action or other legal proceeding relating to the performance under this Agreement or the enforcement of any provision of this Agreement is brought against either Party hereto, the prevailing Party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing Party may be entitled.

THE FOLLOWING TERMS ARE ESPECIALLY FOR THOSE PERSONS AND ENTITIES WHO MAY BE RESELLING THE WEB SPACE THAT THEY ACQUIRE FROM LAYER NEXT TO A THIRD PARTY. THE RESALE OF ANY WEB SPACE SUPPLIED TO YOU CAN ONLY BE DONE AFTER OBTAINING LAYER NEXT PRIOR WRITTEN APPROVAL AND AFTER HAVING MADE PAYMENTS IN ACCORDANCE WITH THE SRF AND THE TOS.

18. TERMS FOR RESELLERS

• 18.1 LAYER NEXT agrees to supply You with the amount of web space as purchased and as specified by You in the SRF. Additional space is available and prices for the same will be as published at the time of request.
• 18.2 You shall ensure that the end user agrees to comply and complies with all the applicable of the TOS hereinabove and for that purpose You shall obtain their signature in writing or any other legally acceptable method on the agreement between You and the end user which incorporates such terms and conditions.
• 18.3 You will notify the end user that in the event of any infringement or violation of any of the TOS and he/she will be required to take remedial action within a period of forty eight (48) hours. Be available unless You subscribe for the same separately.
• 18.4 You hereby agree that the charges that You are required to pay for the Services shall include the applicable taxes and duties and that LAYER NEXT is entitled to recover from You all the charges that ought to have been recovered for Services rendered to You as per this clause, but have not so recovered.
• 18.5 Any decision relating to web space hosted by LAYER NEXT is to be made by LAYER NEXT and is final.
• 18.6 You and the end user are responsible to LAYER NEXT for retaining copies of their files, as LAYER NEXT does not guarantee that an updated backup will be available. Back up may not be available unless you subscribe for the same separately.
• 18.7 You hereby agree that the charges that you are required to pay for the Services shall include the applicable taxes and duties and that we are entitled to recover from you all the charges that ought to have been recovered for Services rendered to You as per this clause, but have not so recovered.
• 18.8 LAYER NEXT will not entertain reseller’s client’s queries, if resellers want their end users to be entertained by LAYER NEXT then there’s a separate fee to be paid by reseller which can be obtained with the Sales team of LAYER NEXT upon request
• 18.9 Any decision relating to space hosted by us is to be made by us and is final.

ANNEXURE I

Web Hosting Services
The Service provides the ability to publish a World Wide Web site (a "User Web Site"). LAYER NEXT may, from time to time, offer basic User Web Sites for free. You agree and acknowledge that LAYER NEXT may place advertising banners into any such free User Web Sites. You further agree and acknowledge that LAYER NEXT allows only one User Hosting Service per domain name.

Your right to use the Service is personal to you. If you transfer your domain name record to a third party registrar or registrant, or allow your domain name registration to expire, you may no longer be able to use the Service. In addition, we may, in our sole discretion, choose not to transfer the Service to another customer or to another domain name residing at LAYERNEXT.com.

When you sign up for the Service, you may receive an email or instructions from LAYER NEXT advising you to configure your domain name to an IP address for your account. Once you configure your domain name to such IP address and until you publish your Web site, your domain name will resolve to a LAYER NEXT "Coming Soon" Web page, which informs visitors that you recently ordered hosting services from LAYER NEXT and have a Web site under construction. The Coming Soon Web page may be modified at any time by LAYER NEXT without prior notice to you and may include such things as, without limitation, links to additional products and services offered by LAYER NEXT and third parties. If, for any reason, you do not wish to have your domain name resolve to a Coming Soon Web page, you will need to either publish your own Web site or change the IP address associated with your domain name.

Data Storage and Transfer Fees
All hosting plans are subject to storage and transfer limitations. In the event usage of the Service exceeds the allotted limits for a plan, you are responsible for all charges related to such excess stored data or transfers. In the event that you do not pay any applicable overage fees, LAYER NEXT reserves the right to suspend or disable your account until such fees are paid.

The storage space allotted to your web site from any and all of LAYER NEXT services can only be used for traditional or conventional web site content which must be "live" content and available on your published Web site. As an example and not limited to this example, this storage space must not be used for archiving or storing files of any type and you must not have any copyrighted material posted nor can there be any material posted for download through other web sites.

Upgrades

You will have the ability to upgrade the Service at any time during the term of your Service. Such upgrade will take effect immediately. For any upgrade in package level, you will be charged a pro-rata amount for the higher-level Service based on the number of days remaining in the term. Downgrades in Service are not available.

Cancellation and Termination

If you cancel the Service before the end of the term, you will have access to the Service for the remainder of the term for which you have prepaid. When your Service expires or is terminated, or your domain name expires, your User Web Site will cease resolving on the Internet, you will no longer have access to the Service, and all information and Content contained therein will be deleted. Layernext.com accepts no liability for such deleted information or Content.

User Web Site Content

You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

The following is a non-exclusive list of activities prohibited under the terms of this Annexure in addition to the terms in main Agreement.

• 1. Violating any local, state, national or international laws;
• 2. Engaging in or promoting gambling;
• 3. Displaying or promoting any type(s) of intoxicant, alcoholic beverage, cigarettes or drug, where prohibited by local, state, national or international law;
• 4. "Stalking" or otherwise harassing another;
• 5. Collecting or storing personal data about others without their consent;
• 6. Advocating, promoting, or providing assistance in carrying out violence or physical harm against any persons, nations, groups, entities or animals, including providing instructions on how to assemble explosive devices or other weapons, describing or displaying a weapon, parts of weapons or manuals for assembling any weapon, or promoting products or services that involve a significant risk of death or injury to any persons, or damage to business or other entities or property;
• 7. Exporting software or technical information, including encryption software, in violation of international export control laws;
• 8. The use of your User Web Sites as storage for remote loading or as a door or signpost to another home page;
• 9. The impersonation of any person or entity, including, but not limited to, a www.layernext.com official, forum leader, guide or host, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
• 10. Removing, modifying or hiding any of the advertising banners inserted into your User Web Sites;
• 11. Any resale or any exploitation for any commercial purposes of the Service by any and all means unless approved in advance in writing by LAYER NEXT; and
• 12. Advertising, transmitting, offering for sale or otherwise making available any software, program, product, service or information that is designed to violate terms (a) through (u) above, or that layernext.com determines, in its sole discretion, is inappropriate for sale through the Service provided by LAYER NEXT
• 13. Data must not be used for archiving of any file type and you must not have any copyrighted material or any other material posted for download through other web sites.
• 14. Adult Websites Hosting X rated content including photos, videos, streams and links are not allowed by law in India. Hosting such content on the servers would result in termination of your services without notice and the account won't be eligible for refunds of any kind due to the nature of the offence being serious.
• 15. Hosting and Distributing Copyrighted Film Music from any language is strictly prohibited on the servers. We will have to suspend your site without notice if a complaint is received about your site distributing such content. We also do regular audits to keep a check on such content being hosted on our servers.
• 16. WAP Websites Distributing Copyrighted Music, Games, Mobile Apps, General Applications or any third-party paid Softwares are also not allowed on our servers. We do regular audits to keep a check on such content being hosted on our servers. As part of our Anti-warez measures, we strictly do not allow such applications and content to be hosted on our servers.
• 17. Examples of unacceptable material on all Shared and Reseller servers include:
  • Topsites
  • IRC Scripts/Bots
  • Proxy Scripts/Anonymizers
  • Pirated Software/Warez
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to rapidshare)
  • 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/Gambling Sites
  • MUDs/RPGs/PBBGs
  • 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
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

LAYER NEXT services, including all related equipment, networks and network devices are provided only for authorized customer use. LAYER NEXT systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of LAYER NEXT system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. LAYER NEXT may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, 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 troubleticket/email and will have a response within 48 hours.

Sites hosted on layernext.com service(s) are regulated only by Indian law.

If in doubt regarding the acceptability of your site or service, please contact us at abuse@layernext.com and we will be happy to assist you.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.

ANNEXURE II
Domain Name and Registration Services
This service will be governed by Domain RRA. The terms will be in addition to MSA.

ANNEXTURE III

Email Hosting Services

SMTP Service

LAYER NEXT mail service provides Users with the capability to send and receive electronic mail. Customer may manage the Mail services from the Licensed Software, account management tool or the Custom Site.

We may allow you to use our SMTP Servers for mail relaying. However, mass/bulk mailing is not allowed. In case of overloading, we reserve right to refuse SMTP Services to you.

SpamGuard Services The SpamGuard is add-on service provided with every e-mail account. The Spamguard Service prevents and blocks unsolicited and / or inappropriate emails from persons sending e-mail to you (.Senders.). While we take every reasonable effort to provide a smooth-running service, we do not guarantee that the Service will be error-free, secure or uninterrupted

ANNEXURE IV

Web and Email Forwarding

We may provide this Service free of cost or at additional charges as may be specified by us at the relevant time.

Our redirection services allows subscriber to redirect/forward their domain name to any other Webspace Address/URL (including Sub-directories and IP Addresses). You (subscriber) acknowledge and agree that Subscriber is responsible for any Web and Email Redirection/Forwarding set and will be responsible for any misuse and claim made by any parties. LAYER NEXT (and related companies) are not responsible and liable to any such claims of misuse and loss incurred (or of any other nature) by any party (including any third party). This Service may be provided by us free of cost or at additional charges as may be specified by us at the relevant time.

ANNEXTURE V

Managed Domain Name Servers

'Managed DNS Services" includes

• 1. Zone record management, to add, delete or modify DNS records such as A, CNAME, and MX records;
• 2. Domain forwarding, to forward one domain name to another;
• 3. Sub-domain forwarding, to forward a subdomain to another domain;
• 4. URL framing, to forward a domain to another domain while keeping the URL static;
• 5. Domain templates, to point a domain name to parked, .for sale, .coming soon,. or similar standard web pages;
• 6. Subdomain delegation, to delegate authority of a subdomain to another user; and
• 7. Secondary DNS, to allow Customer and Users to create a back up zones for their primary DNS Service using LAYER NEXTnameservers.

This Service may be provided by us free of cost or at additional charges as may be specified by us at the relevant time.

ANNEXTURE VI

SSL Certification
LAYER NEXT may offer certain digital security services, including, without limitation, QuickSSL, QuickSSL Premium, Rapid SSL, (collectively, "Certificate Services"). Customer agrees that if Customer chooses to resell LAYER NEXT digital certificate services, Customer will bound by the terms and conditions of LAYER NEXT Agreement, as modified by www.layernext.com from time to time, and which is incorporated herein and made part of this Agreement by reference.

ANNEXTURE VII

Dedicated Servers
LAYER NEXT reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password for their dedicated server on file to prevent downtime from forced password resets. LAYER NEXT reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the simplest solution. Please contact sales@layernext.com if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.

When we assign a Dedicated Server to you following provisions shall apply:

You shall manage the Dedicated Server assigned to you.
OR

We shall manage the Dedicated Server if you want us to manage the same and we shall install our own software on the Dedicated Server. You shall not get root access and complete management of the Dedicated Server is done by us. However, complete server resources can be used by you including chat rooms etc. In case, if you installs any software or asks us to install any software, the software license must be purchased by you. We will not be responsible and you shall take the responsibility for pirated software or software without license and you shall indemnify us in respect of any consequences arising out of use of such pirated or unlicensed software.

Fair Usage Policy

LAYER NEXT offers Hosting Packages with high-limit or unlimited amounts of disk space and/or other resources, such as bandwidth transfer, email or FTP accounts. These packages are designed to meet the typical needs of personal websites, blogs, small business or home business website.

A Fair Usage Policy (FUP) is necessary to ensure our hosting services are used fairly and our services operate reliably for all our customers. Resources provided on our hosting services are governed by this Fair Usage Policy. We reserve the right to impose reasonable limits to reduce your usage or pair you with other users utilizing the same or nearly the same amount of usage if we believe your excessive usage is affecting LAYER NEXT services/systems or other users.

Following fair usage terms & conditions applies on all such accounts.

Terms & Conditions It is acknowledged by users that these resource allotments are optimized and dedicated towards serving web documents and self-need email services and is not to be used as storage area for electronic files, or as a provisioning service for 3rd party email or FTP hosts. All downloadable files or files stored on server must be available for download via a HTML document stored on hosted account in publicly accessible area and must be directly related to the general nature of the website index.

Following (including but not limited to), is NOT PERMITTED.

• Use of the hosting as a virtual disk, or in other words, as a space for files that are not elements of your website.
• Hosting of Web Portals and/or subscription based services.
• Illegal contents including, but not limited to pirated software, music, films, applications or other media stored in any file formats or extension.
• Online storage of file archives, backups, documents, log files etc.
• FTP Service / File Sharing services.
• Use of hosting as a "mirror" for other websites.
• Sharing of your account.
• Having high-limit or unlimited access to resources does not mean that you can use your hosting in such a way that it negatively affects the server operation, for illegal purposes or in any way that violates applicable legislation.

The client whom, in our reasonable opinion that have breached this FUP will be contacted by EMAIL and ask to upgrade his/her plan to a new dedicated server plan to reduce their excessive usage utilization. LAYER NEXT may also suspend that client account prior to notifying that client if that action is needed to bring stability to our systems/servers. Client suspensions prior to notification by LAYER NEXT is rare and is only implemented in extreme critical circumstances and is intended to prevent the misuse of our servers. What is deemed inappropriate or excessive amount of resources will be determined by a number of factors including but not limited to our policies which includes the following :

Processes
Processes invoked by the web server, cron, shell, scheduled tasks or any other method should not exceed the following limitations:

• Consume more than 128 MB of Ram
• Utilize in excess of 15 seconds of CPU time.
• Number of open files should not exceed 64.
• Create core dumps.
• Number of simultaneous processes should not exceed 10.
• Execute a script/binary that forks in a way to create a fork bomb.
• Programs may not run in the background or listen on a network port. If you require a bot, service or daemon, you should consider a dedicated server, as very few shared web hosts allow this type of program.
• Simultaneous IIS/Apache connections may not exceed 50 from one individual source at any given time.
• Web processes should not fork or spawn subprocesses.

Files and Directories
Inode Limits on our Shared & Reseller Reseller Hosting

An inode is a data structure used to keep information about a file on your hosting account. The number of inodes indicates the number of files and folders you have. This includes everything on your account, emails, files, folders, anything you store on the server.

There is currently an limit of 100,000 inodes on our shared accounts.

What is the 100,000 inode limit?
Shared and Reseller servers only allow 100,000 files per cPanel/websitepanel account This is a “hard limit” meaning that while the limit is reached, i.e. the 100,000 file threshold it will no longer be included in our weekly backups. Additionally, if the account happens to exceed 110,000 files then it will be in violation of our Terms of Service and can result in possible suspension.
The total number of inodes in an account may not exceed 100,000. Every file (a webpage, image, email, php file, directory, etc.) on your account uses up one (1) inode. This is not something we actively enforce and it will only become an issue if a client is causing problems for other people on the server. We will of course notify you if this is the case with a full explanation.
A directory cannot contain more than 3,000 immediate child files. This includes subdirectories themselves, but does not include files contained within those directories.

Unlimited Disk Space/Bandwidth Plans.
Web Hosting and WordPress Hosting plans are designed to host most personal, small business and organization websites, and thus we offer unlimited bandwidth and some plans offer unlimited disk space. This means that we do not set a limit on the amount of bandwidth or disk space you may use in the operation of your website, provided it complies with this Agreement. In the event the bandwidth or disk space usage of your website presents a risk to the stability, performance or uptime of our servers, data storage, networking or other infrastructure, you may be required to upgrade to a VPS or Dedicated Server, or we may take action to restrict the resources your website is utilizing.

Database Restrictions at LAYER NEXT

• All users are restricted to 15 concurrent MySQL connections.
• Database queries should not exceed 3,500 per hour.
• Database changes (insert/update/delete) should not exceed 1,200 queries per hour.
• Database servers should not be used as a hosted solution. Database access should only be used for the web site hosted by LAYER NEXT.
• Remote database access is for administrative purposes only.
• The plans are also limited to no more than 1,000 tables per database and no more than 100 MB of storage per database. Any account or database that exceeds these limits may be issued a network violation warning and will be required to reduce the nubmer of inodes, files and folders, tables or megabytes (as the case may be), or may be temporarily or permanently suspended, in LAYER NEXT sole discretion.

Mail Server Restrictions
Our attachment limit is 10 MB, you are not allowed to send files in excess of 10 MB.

• The limit of outbound mail is set to 55 recipients to maintain the server performance. You are allowed to send maximum 300/mails/hour from your domain.
• POP connections are limited to 60 per hour.
• SMTP connections (outbound email connections) are limited to 300 per hour per server account.
• Mailing lists larger than 300 will require a semi dedicated, VPS, or dedicated server from us. Dividing one list into smaller parts to get around this limit is not allowed.
• Any mailing list must be throttled so that it sends an email every 6 seconds at the very minimum. If the mailing list software you are using doesn’t support throttling you must use something else. We do this as this keeps the server load from going very high and causing problems for other users. If you don’t do this you will be suspended.
• We do not allow you to send to a mailing list you were given or that you bought. This is spamming and we have zero tolerance for this.
• No Direct SMTP mailing system scripts are permitted. Mail should be relayed through the local MTA.

Policies on Cron Jobs
All cron jobs must be ‘niced’ to 15 or greater

A cron job should not execute more frequently than once every 15 minutes

Service Restrictions Server Log
No server logs can be provided for the shared hosting account.

Backups
LAYER NEXT servers are not allowed be used as a backup/storage.

Reselling
Reselling is not allowed on Shared hosting plans. If reselling is desired, a reseller plan must be purchased.

Chat Applications
All interactive chat web applications are strictly prohibited on LAYER NEXT servers. This includes but is not limited to chat applications written in PHP, Perl, CGI, Python, Ruby, etc. in addition to IRC or IRC bots. 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 LAYER NEXT are prohibited.

Adult Content
Under no circumstance is pornography permitted, we do not allow any form of pornography, nudity, sex related content. Any adult-oriented e-commerce stores, and similar are allowed only if the content is legal in the India. LAYER NEXT will be the sole arbiter as to what constitutes a violation of this provision. Should you require hosting for adult oriented content, please contact a host who specializes in this hosting realm.

General Policies
Search Engine Optimization (SEO) farms or similar are strictly forbidden on LAYER NEXT servers and networks. SEO farms create undue strain and resource abuse on any given server and affect all clients.

• Banner rotation services and link exchange networks are not permitted.
• Off-site media storage is not permitted.
• Offering Image, File, Document and Data storage, and free hosting and email services are strictly prohibited.
• Operating a public mirror site is not permitted.
• Running a proxy or anonymizer, whether publicly accessible or protected, is not permitted.
• Prime bank or bank debenture-related sites, lottery sites, muds or online RPGs, hate sites, hacker-related sites, sites promoting illegal activity, IP scanner or other hacking tools, mail bombing or spam scripts, or forums and websites that distribute or promote warez content are expressly forbidden.
• Bit torrent applications, trackers, and clients as well as any file-sharing/peer-to-peer activities are forbidden.
• The operation of gaming servers (such as but not limited to Minecraft, Counter-Strike, Half-Life, battlefield1492) are forbidden.
• Web spiders and indexers 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.

Network Performance
LAYER NEXT accounts operate on shared resources. Excessive use/abuse of these shared network resources by one customer may have a negative impact on all other subscribers or customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

All Unlimited Disk Space Plan & Reseller Hosting Customer agrees that he/she shall not use more than 7% of CPU processing and /or More than 128 Mb of RAM on any of LAYER NEXT Shared hosting servers. Any violation of this policy may result in corrective action by LAYER NEXT, in its sole reasonable discretion, including assessment of additional standard charges, disconnection or discontinuance of any and all services, or termination of this service. You are prohibited from excessive consumption of resources, including CPU time, disk space, memory, and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of LAYER NEXT systems or networks.

It is also acknowledged by users that these resources are limited by physical restraints of technology as well as by reasonable limits of a shared resource environment. Users must realize that server technology limits the amount of available resources for use, including but not limited to disk drive space, CPU processing power, memory and access speed. It is furthermore acknowledged by users that all provided services are of a shared-server nature, and other users are sharing the provided space. Customer accounts are placed on a server with up to hundreds of other users. LAYER NEXT along with many other hosting providers uses this business model in order to offer web hosting services at affordable rates.

Unlimited resource packages are designed to meet the typical needs of small business and home business website. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server.

It is acknowledged that any single account is entitled to utilize the server resources, within reason, up to what is allotted or by what is physically available. If resources become scarce, LAYER NEXT reserves the right to limit users of the affected machine to a lower limit to preserve the effectiveness of the service for all users. If a particular user is in extreme excess of what the average users of the machine have in use (actually used) of their resource allotments, that customer may be asked to remove content, cut resource usage, or relocate to a dedicated server. This policy only applies to web sites that are considered to be abusive in service, disk space or resource consumption and where it is evident that the "fair-use" of resources among customers has been breached, particularly in regards to disk space, bandwidth or CPU processing power utilization. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the sole discretion of LAYER NEXT.

If a "Fair-Usage" breach occurs, which’s determination is solely up to LAYER NEXT, subscriber may have to remove files from or reduce access to subscriber's account to an extent as determined by LAYER NEXT, in order to restore full serviceability to other subscribers affected by the breach. In any case, the subscriber will be notified of any actions that LAYER NEXT may have to take.

In order to ensure a consistent and quality experience for all Subscribers, LAYER NEXT does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system until LAYER NEXT can evaluate said sites resource needs. LAYER NEXT reserves the right to limit processor time, bandwidth, or processes in cases where it is necessary to prevent negatively impacting other Subscribers.

Acceptable Use Policy (AUP)

From time to time LAYER NEXT may impose reasonable rules and regulations regarding the use of its services. Such rules and regulations are called Acceptable Use Policies (AUPs) and are posted on the Internet atwww.layernext.com/legal

The AUPs are not exhaustive and LAYER NEXT reserves the right to modify the AUPs at any time.

By registering for and using the services, and thereby accepting the terms and conditions of Universal Terms of Servicesor its equivalent, you agree to abide by the AUPs as modified from time to time. Any violation of the AUPs may result in the suspension or termination of your account or such other action as LAYER NEXT deems appropriate. An unlisted activity may also be a violation of the AUPs if it is illegal, irresponsible, or disruptive use of the Internet. No credits will be issued for any interruption in service resulting from policy violations.

Violation of any AUP is strictly prohibited and may result in the immediate termination or suspension of the services you receive from LAYER NEXT. You shall remain solely liable and responsible for your use of the services and any and all content that you display, upload, download or transmit through the use of the services. "Content" includes, without limitation, your email, web pages, personal home pages, and domain names. It is LAYER NEXT policy to terminate repeat infringers. LAYER NEXT reserves the right to refuse service to anyone at any time.

Customer Security Responsibilities

The customer is solely responsible for any breaches of security affecting servers/accounts under customer control. If a customer's server/account is involved in an attack on another server or system, it will be shut down/suspended and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer's server and any other requirement affected by the security breach.
Violations of system or network security are prohibited, and may result in criminal and civil liability. LAYER NEXT may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
• Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
• Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
• Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.

Violators of the policy are responsible, without limitations, for the cost of labor to clean up and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by LAYER NEXT. Such labor is categorized as emergency security breach recovery and is currently charged at Rs. 1000/- per hour required.

LAYER NEXT is concerned with the privacy of online communications and web sites. In general, the Internet is neither more nor lesssecure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, LAYER NEXT urges its customers to assume that all of their online communications are insecure. LAYER NEXT cannot take responsibility for the security of information transmitted over LAYER NEXT's facilities.

Password Protection
The customer is responsible for protecting customer's password and for any authorized or unauthorized use made of customer's password. The customer will not use or permit anyone to use LAYER NEXT's service to guess passwords or to access other systems or networks without authorization. LAYER NEXT will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.

Internet Etiquette
The customer is expected to be familiar with and to practice good Internet etiquette (Netiquette). The customer is not permitted to post any material that is illegal, libelous, tortuous, indecently depicts children or is likely to result in retaliation against LAYER NEXT by offended users. LAYER NEXT reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.

Copyright Infringement - Software Piracy Policy The LAYER NEXT Network, servers and services provided by LAYER NEXT may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights.

Making unauthorized copies of software is a violation of the law, no matter how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. If caught with pirated software, you or your company may be liable under both civil and criminal law.

LAYER NEXT will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy

Network Responsibility

• Customers have a responsibility to use the LAYER NEXT network,servers responsibly. This includes respecting the other customers of LAYER NEXT. LAYER NEXT reserves the right to suspend and or cancel service with any Customer who uses the LAYER NEXT network in such a way that adversely affects other LAYER NEXT customers. This includes but is not limited to:
• Attacking or attempting to gain unauthorized access to servers and services that belong to LAYER NEXT or its customers (i.e. computer hacking), and/or
• Participating in behavior which result in reprisals that adversely effect the LAYER NEXT network or other customers' access to the LAYER NEXT network.
• LAYER NEXT will react strongly to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include, but are not limited to, "Internet Scanning" (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning, etc. Any unauthorized use of accounts or computers by a LAYER NEXT customer, whether or not the attacked account or computer belongs to LAYER NEXT, will result in severe action taken against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. Any attempt to undermine or cause harm to a server, or customer, of LAYER NEXT is strictly prohibited.

Lawful Purpose
All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or AUP is prohibited. This includes, but is not limited to: copyrighted material or material protected by trade secret and other statute or dissemination of harmful or fraudulent content.

Using any LAYER NEXT service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under applicable law is prohibited.

Any conduct that constitutes harassment, fraud, stalking, abuse, or a violation of federal export restriction in connection with use of LAYER NEXT services or products is prohibited. Using the LAYER NEXT network to solicit the performance of any illegal activity is also prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution, is prohibited.

Servers hosted within LAYER NEXT network are open to the public. You are solely responsible for your usage of the LAYER NEXT network and servers and any statement you make on servers hosted within the LAYER NEXT network may be deemed "publication" of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or libelous.

Pornography on the Internet
Pornography and sex-related merchandising are prohibited on all servers. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet. Links to such materials are also prohibited.

Customers are ultimately responsible for the actions of their clients over the LAYER NEXT network, and will be liable for illegal material posted by their clients.

Unsolicited Commercial Email/Unsolicited Bulk Email (UCE/UBE)

Unsolicited commercial email (UCE) is defined by LAYER NEXT as any electronic communication (e-mail, ICQ, IRC, Instant Messenger, etc.) sent for purposes of distributing commercial information of any kind, soliciting the purchase or sale of products or services or soliciting any transfer of funds to a recipient who has not agreed to receive such communication.

Unsolicited bulk e-mail (UBE) is defined by LAYER NEXT as any electronic communication (e-mail, ICQ, IRC, Instant Messenger, etc.) to multiple recipients who have not agreed to receive such communication.

Use of the LAYER NEXT network, servers or services to transmit any unsolicited commercial or unsolicited bulk-e-mail is expressly prohibited, as is hosting web sites or services on a server which are advertised in any UCE/UBE. LAYER NEXT also prohibits the sending of any fraudulent, malicious, harassing, false or misleading electronic communications, including, without limitation, chain letters, pyramid schemes, or e-mails with forged headers. Posting off-topic advertisements to Usenet discussion groups, ICQ, Instant Messenger, etc., is also expressly prohibited. Additionally, LAYER NEXT customers are expressly prohibited from sending any UCE/UBE from our network or any email from another network that in any way references a document, image, or Web site that resides on the LAYER NEXT network or in one of our data centers. Violations of this type may result in the termination of the offending LAYER NEXT account. Our customers are ultimately responsible for any violations of the AUP by their clients, and any violation of the AUP by a client of a LAYER NEXT customer shall be deemed a violation of the AUP by such LAYER NEXT customer.

Customers whose actions directly or indirectly result in LAYER NEXT IP space being listed in any of the various abuse databases may be subject to having the offending domain(s), server(s), or user(s) immediately removed from our network. In addition, if LAYER NEXT in its sole discretion determines that a customer is in violation of our AUP, LAYER NEXT may, at its sole discretion, restrict, suspend or terminate a customer's account. LAYER NEXT will, in most cases, attempt to contact a customer prior to suspension or termination of a server(s), but cannot guarantee prior notification. Any server suspended or terminated for AUP violations will be reconnected only after the customer agrees to cease all activities that violate the LAYER NEXT AUP and pays all applicable reconnect fees and related charges. Any server suspended a second time for AUP violations WILL be immediately and permanently removed from our network.

Customers that LAYER NEXT determines in its sole discretion to be in violation of the LAYER NEXT AUP may be subject to additional fees or fines including, without limitation, any applicable reconnect fees.

Violation of LAYER NEXT's UCE/UBE policy may be reported to abuse@layernext.com

Domain Forwarding/Redirection Our redirection services allows subscriber to redirect/forward their domain name to any other Webspace Address/URL (including Sub-directories & IP Addresses). You (subscriber) acknowledge and agree that Subscriber is responsible for any Web and Email Redirection/Forwarding set and will be responsible for any misuse and claim made by any parties. LAYER NEXT (and related companies) are not responsible and liable to any such claims of misuse and loss incurred (or of any other nature) by any party (including any third party).

IRC
LAYER NEXT do not allow IRC or IRC bots to be operated on LAYER NEXT servers

Billing
You hereby agree that the charges that you are required to pay for the Services shall include the applicable taxes and duties and that we are entitled to recover from you all the charges that ought to have been recovered for Services rendered to You as per this clause, but have not so recovered.

Reseller hosting
LAYER NEXT will not entertain reseller’s client’s queries, if resellers want their end users to be entertained by LAYER NEXT then there’s a separate fee to be paid by reseller which can be obtained with the Sales team of LAYER NEXT upon request

Suspension
If LAYER NEXT in its sole discretion determines that a customer's server/account has become the source or target of any violation concerning the LAYER NEXT Acceptable Use Policy (AUP), LAYER NEXT reserves the right to suspend network access to that server. While LAYER NEXT will attempt to contact the customer before suspending network access to the customer's server(s)/Account(s), prior notification to the customer is not assured. In certain cases, LAYER NEXT will contact law enforcement and other agencies regarding these activities. Customers are responsible for all charges, as well as any fees relating to the investigation, suspension, administration and handling of their servers before, during and after the suspension period.

Cancellation
LAYER NEXT reserves the right to cancel service at any time. 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. All fees paid in advance of cancellation will be prorated and paid by LAYER NEXT if LAYER NEXT institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)

Indemnification
LAYER NEXT wishes to emphasize that in signing the Universal Terms of Services or its equivalent or by accessing/using any of the services offered by LAYER NEXT, customer indemnifies LAYER NEXT for any violation of the Universal Terms of Services Agreement or its equivalent, law or AUP that results in loss to LAYER NEXT or the bringing of any claim against LAYER NEXT by any third-party. This means that if LAYER NEXT is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against LAYER NEXT, plus costs and reasonable attorney's fees.

Disclaimer of Responsibility
LAYER NEXT is under no duty to look at each customer's or user's activities to determine if a violation of the AUPs hasoccured, nor do we assume any responsibility through our AUPs to monitor or police Internet-related activities. LAYER NEXT disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person's or party's violation of this policy.

All Sub-Networks, resellers and managed servers of LAYER NEXT must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation.

Please note
Indirect or Attempted Violations of the AUPs and actual or attempted violations by a third party on your behalf, shall be considered violations of these AUPs by you.

Uptime SLA

Choosing a hosting provider is never easy and it seems to be risky when your site is at stake. We know that the availability of your site is of utmost importance and entrusting your website to LAYERNEXT is something that we take seriously. That's why we have built the hosting industry's most aggressive Service Level Agreement (SLA) to cover the multiple components that keep your site up and running.

LAYER NEXT SLA is a contract between you, the customer, and LAYER NEXT. It defines the terms of our responsibility and the money back guarantee if our responsibilities are not met. We want our customers to feel at ease with their decision to move their site to LAYER NEXT, and knowing that LAYER NEXT takes your site's uptime as seriously as you do is imperative.

All LAYER NEXT customers are automatically covered by the SLA when they purchase any services. SLA is valid only if payment is received in full and before due date. (Moneybackgurantees does not apply to Dedicated Server Customers)

Network Uptime

LAYER NEXT guarantees that the network will be available 99.9% of the time in a given month (no more than 60 minutes downtime per month), excluding scheduled maintenance. After 60 minutes,LAYER NEXT will refund the customer 5% of the monthly fee for each 60 minutes of downtime (up to 50% of customer's monthly fee).

Network uptime includes functioning of all network infrastructure including routers, switches and cabling, but does not include services or software running on your server. Network downtime exists when a particular customer is unable to transmit and receive data and LAYER NEXT records such failure in the LAYER NEXT online support system. Network downtime is measured from the time the ticket is opened by a customer (In Online Support System) to the time the server is once again able to transmit and receive data.

Infrastructure Guarantee

LAYER NEXT guarantees that the critical infrastructure systems, including power and HVAC, will be available 99.9% of the time in a given month (no more than 60 minutes downtime per month), excluding scheduled maintenance. After 60 minutes, LAYER NEXT will refund the customer 5% of the monthly fee for each 60 minutes of downtime (up to 50% of customer's monthly fee).

Critical infrastructure includes functioning of all power and HVAC infrastructure including UPSs, PDUs and cabling, but does not include the power supplies on customers' servers. Infrastructure downtime exists when a particular server is shut down due to power or heat problems and LAYER NEXT records such failure in the Online Customer Support System. Infrastructure downtime is measured from the time the customer opens a ticket regarding server downtime to the time the problem is resolved and the server is powered back on.

Hardware Guarantee

LAYER NEXT guarantees the functioning of all leased hardware components and will replace any failed component at no cost to the customer. Hardware replacement will begin once LAYER NEXT identifies the cause of the problem. Hardware replacement is guaranteed to be complete within 24 hours of problem identification. In the event that it takes us more than 24 hours to replace faulty hardware, LAYER NEXT will refund the customer 5% of the monthly fee for each 60 minutes of downtime (up to 50% of customer's monthly fee).

Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included under the server lease. This guarantee excludes the time required to rebuild a RAID array.

Managed Services

LAYER NEXT guarantees monitoring of all the standard services running on the server. Third Party/non-standard softwares (custom softwares / modified softwares) or services running via non-standard (third party / modified) softwares/packages will not be monitored. LAYER NEXT will offer technical support for all Standard Services via online customer support system.

[Standard services includes Web Server (http), SMTP Services, POP Services, DNS Services, Database Services (MySQL/Postgres) which are installed by LAYER NEXT]

Please note

• This SLA does not apply to delinquent customers and for accounts which are not fully paid. Money back gurantees of this SLA does not apply for Dedicated & Cloud hosting Customers unless it is specified.
• 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.

Privacy Policy

LAYER NEXT respects the privacy and security of its customers and users of its website.

We have prepared this Privacy Policy to enable you to understand which personal identifying information of yours is collected, how and when we might use your information, how we protect your information, who has access to your information, and how you can correct any inaccuracies in the information.

There will be no compromise what-so-ever in protecting and safeguarding your privacy.

Information We Collect

LAYER NEXT collects certain information from and about its users in three ways: (i) from our web server logs, (ii) with cookies and (iii) directly from the user.

(i) Web server logs :
When you visit our website, LAYER NEXT may collect information to administer the site and analyze its usage. LAYER NEXT may collect information such as:

• your Internet protocol address;
• the type of browser or computer you use;
• the number of links you click within our website;
• the state or country from which you accessed our website;
• the date and time of your visit;
• the name of your Internet service provider;
• the Web page from which you linked to our website; and
• the pages you viewed on our website

(ii) Cookies :
LAYER NEXT website use cookies (i.e., small bits of text that our servers place into a file on your computer's hard drive). We use cookies to save your preferences and login information, and provide personalized functionality. You can reject cookies by changing your browser settings, but be aware that this will disable some of the functionality on LAYER NEXT website.

(iii) Personal information users give us :
On some pages of our website, users can register to purchase products or services, receive personalized content and participate in surveys or forums. When you register, LAYER NEXT may ask you for some personal information.

If you're purchasing products or services, we may also request financial information such as credit card or bank account information. Any financial information we collect is used only to bill you for the products and services you purchased. If you purchase by credit card, this information may be forwarded to your credit card provider. For other types of registrations, we will ask for your name, address, e-mail address or telephone number. We may then contact you with information about LAYER NEXT products and services. As a security measure and to ensure that our website and computer network remain available to all customers, LAYER NEXT may use software programs to monitor network traffic or to identify unauthorized attempts to upload or change information, or otherwise cause damage. These software programs may also collect information regarding your use of our website and computer network.

You may also be asked to disclose personal information to us so that we can provide technical support assistance and information to you. For example, we may collect personal information from you (such as an e-mail address, system information and problem descriptions) in order to provide online technical support and troubleshooting. If you choose to correspond with us through electronic communication (e.g. email, online chat or instant messaging), we may retain a copy of the electronic communication together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received by mail and telephone.

Finally, some pages of the LAYER NEXT website may make chat rooms, forums, message boards, news groups or instant messaging available to you. Please remember that any information disclosed in these areas is public. You should exercise caution when disclosing personal information in these areas. Don't disclose information in these public forums that might be considered confidential - such as financial information, social security numbers, passwords or email addresses. Users should be aware that when they voluntarily disclose personally identifiable information on the bulletin boards or in the chat areas, that information and any substantive information disclosed in the communication can be collected and used by third parties. This could result in unsolicited messages from others who post on such sites and are beyond the control of LAYER NEXT.

How we use your information

LAYER NEXT uses the information we collect to process and deliver products & services you have ordered, notify you about your account and to notify you about changes to the terms and conditions governing your use of our website, products and services. We may also use the information we collect to seek your feedback, notify you about other products and services we think you will find valuable and about special offers. You may notify us of your desire not to receive notifications relating to new products and services and special offers by 'opting-out' as provided for below.

LAYER NEXT may also provide aggregate information about our customers, this website's traffic patterns and related website usage information to our affiliates and reputable third parties, but this information will not include personally identifying data. We take measures to select product or service providers that are responsible and afford similar privacy protections to their customers. However, we do not make any representations about the practices and policies of these companies.

If you don't want to receive promotional materials from LAYER NEXT or our marketing partners, you may opt out at any time by contacting us at sales@layernext.com

How we protect your information

LAYER NEXT makes every effort to follow industry standard security measures to prevent the loss, misuse, alteration or unauthorized disclosure of information under our control.

When we ask customers or users to provide financial information (such as a credit card number) that data is protected using Secure Sockets Layer ('SSL') technology. However, please note that electronic communication (e.g. email, online chat or instant messaging) that you may send to us may not be secure unless we advise you in advance that security measures will be in place prior to your transmitting the information. For that reason, we ask that you do not send confidential information such as financial information, social security numbers or passwords to us through unsecured electronic communication.

Access to your information

LAYER NEXT will share or disclosure your personal data in following ways :

• as required by law, in a matter of public safety or policy, or as compelled by a court of law;
• with other affiliates or partners of LAYER NEXT (as described above);
• with agents and contractors who use such information on behalf of LAYER NEXT or in connection with administering or delivering products and services on behalf of LAYER NEXT;
• to enforce the terms and conditions of the products or services;
• to protect and defend LAYER NEXT or its Affiliates' rights, interests or property;
• as needed in connection with the transfer of business assets.

LAYER NEXT restricts access to Personal Information to its employees, contractors and agents and provides such Personal Information only on a need to know basis in order to operate, develop or improve its services.

Links to other websites

LAYER NEXT website contain links to sites maintained by other companies that are not affiliated toLAYER NEXT. We are not responsible for the privacy practices or the content of those sites, and we encourage you to use caution when visiting them. In particular, we recommend you view the privacy policy posted on each site.

How to correct inaccuracies

If you've registered with our website, you can access and update your information online at MY Account. Otherwise, you may contact us at sales@layernext.com

Privacy Policy Changes

LAYER NEXT hereby reserves the right to amend, alter, modify, replace or suspend this Privacy Policy, from time to time, in its sole discretion. All such changes to this Privacy Policy will be effective when posted on LAYER NEXT website.

Cancellation & Refund Policy

LayerNext believes in helping its customers as far as possible, and has therefore a liberal cancellation policy. Under this policy:

• Cancellations will be considered only if the request is made within 72 hours of placing an order.
• There is no cancellation of orders placed under the Same Day Delivery category.
• No cancellations are entertained for those products that the Layernext marketing team has obtained on special occasions like Pongal, Diwali, Valentine’s Day etc. These are limited occasion offers and therefore cancellations are not possible.
• In case you feel that the product received is not as shown on the site or as per your expectations, you must bring it to the notice of our customer service within 24 hours of receiving the product. The Customer Service Team after looking into your complaint will take an appropriate decision.
• In case of complaints regarding products that come with a warranty from manufacturers, please refer the issue to them.