Terms of Service (TOS)
This Terms of Service (this "Agreement") and the Acceptable Use Policy ("AUP") govern your purchase and use of all Layered Link services. You must register and accept the terms of this Agreement and the AUP in order to use the Services.Disclaimer of Warranty
You agree to use the Services and any information obtained through or from Layered Link at your own risk. You acknowledge and agree that Layered Link exercises no control over, and accepts no responsibility for, the content of information passing through Layered Link network. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. LAYERED LINK MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT TO THE SERVICES IT PROVIDES. LAYERED LINK MAKES NO WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR-FREE OR THAT ANY RESULTS OBTAINED FROM THE USE OF SERVICES IS ACCURATE AND RELIABLE. LAYERED LINK EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY LAYERED LINK.Limitation of Liability
You agree that Layered Link will not be responsible for any losses that may incur where Services are accessed by third-parties through illegal or otherwise unauthorized means, including but not limited to situations where data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to Layered Link at the time) which may exist in the Services or in Layered Link equipment used to provide the Services.Under no circumstances will Layered Link be liable for any consequential, indirect, incidental, special or punitive damages, or loss of profits, revenue, data or use by Customer, any of its customers, or of any other third party, whether in an action in contract or tort or strict liability or other legal theory.
Layered Link will not be liable to Customer, any of its customers, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance or communications failure.
This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement.
Indemnification
Customer agrees to indemnify, defend and hold harmless Layered Link from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party arising out of or relating to (i) Customer's use of the Services, (ii) any breach by Customer of this Agreement, or (iii) any acts or omissions of Customer.Disclaimed Warranties
Layered Link will not be liable for failure or delay in performing it obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services. Layered Link exercises no control over, and accepts no responsibility for, the content of the information passing through Layered Link network. USE OF THE SERVICES OR ANY INFORMATION THAT MAY BE OBTAINED THEREFROM IS AT YOUR OWN RISK.Entire Agreement; Severability
This Agreement represents the entire agreement between the parties, and supersedes all previous representations, understandings or agreements. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement will remain in full force and effect.Customer hereby represents that is either an individual entering this Agreement for his or her personal use, or is a corporation other legal corporate entity, duly organized, validly existing and in good standing under the laws of the state of its organization and the person acting on behalf of Customer is duly authorized to accept, execute and deliver this Agreement on behalf of Customer.
Additional Fees
We are entitled without warning to deduct default interest on all overdue payments as indicated on the invoices.Payment Obligations, Renewals, and Cancellations
Payment Obligations: Full payment is required in advance, before services are established. You will immediately pay, upon receiving an invoice from Layered Link, all charges for your use of the Services at the then current Layered Link prices for that category of service or any special offer applicable to your account as determined by Layered Link. You will be billed until the service is cancelled by you in writing (e-mail with username and password verification or FAX) or is cancelled by Layered Link according to terms of this Agreement. You warrant and represent that the information you supply in the Order Form is accurate and truthful. Paypal payments that are rejected or not made when Services are invoiced are subject to an additional processing fee. Service can be immediately interrupted on any account that is unpaid. Service interrupted for non-payment is subject to a 20.00 € suspension charge. Any suspended account will be terminated within 10 days after payment due date if no payment is received within this time. Your VPS account or dedicated server comes with a set bandwidth allotment (usually 1000 GB to 4000 GB for VPS accounts and 2000 GB or 5000 GB for dedicated servers or unmetered). This represents the amount of bandwidth that you are allowed to use for each calendar month. If you exceed this allotment for any reason, even if you have cancelled service with Layered Link during the month, you will be charged overage bandwidth at a rate of 9.00 € per 1 TB. Bandwidth billing is done in arrears, and you will receive your bill for overage bandwidth during the first week of the following month that the overage occurred. It is your responsibility to monitor your bandwidth usage and to pay for all overages.*All payments to Layered Link are nonrefundable* and include any applicable setup fees and subsequent charges regardless of usage. If you dispute a charge to your credit card issuer or Paypal account that, in BASIC Networks' sole discretion, is a valid charge under the provisions of this Agreement and/or AUP, you agree to pay Layered Link an additional "Investigation Fee" of 40.00 €.
Renewals: Your account will be automatically renewed under the same time and fee structure unless you give written notice to Layered Link 10 days before the renewal date that you do not wish to renew such account.
Cancellation: You may cancel at anytime but need to be received at least 10 days before the anniversary billing date. There is no Money Back Guarantee for VPS or dedicated server services. All cancellations must be received in writing as per the deadlines indicated by e-mail or FAX. Cancellations will be processed by our staff on a daily basis.
