General Terms of Services

Services Terms of Use

Backlayer Inc – Updated on July 26, 2016

By using this website you are deemed to have read and agreed to the following services terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. Our term applies to our entire operated sites.

By using the Site or any of the products or services offered through the Site, you agree to these Terms & Conditions.

These Terms & Conditions may be updated from time to time without notice to you. You agree that it is your responsibility to review the Site and these Terms & Conditions always to learn of any modifications to the site. Your continued use of the Site, or any product or service offered through the Site, after the posting of any modifications shall constitute your agreement to be bound by such modified Terms & Conditions. If you do not agree to these Terms & Conditions, do not use the Site or any products or services offered through the Site.

Website Contents
Unless otherwise noted, this website, and all materials on this website, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by Backlayer Inc.

This website and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on this website for your personal use only. No right, title, or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents of this website.

Unless otherwise specified, this website and the Contents are intended to promote Backlayer Inc products.

All services provided by Backlayer Inc (“Backlayer Inc”) may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Backlayer Inc from any claims resulting from the use of service which damages the subscriber or any other party.
Prohibited are sites that promote any illegal activity or present content that may be damaging to Backlayer Inc’ servers, or any other server on the Internet. Links to such materials are also prohibited. Examples of unacceptable content or links:
pirated software
hacker programs or archives
Warez sites

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, Backlayer Inc WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Traffic Usage
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $1.00 for each gig of traffic exceeded. This amount is not prorated, meaning that 1 mb – 1 gig will be treated and billed as the same.

IRC
We currently do not allow IRC or IRC bots to be operated on our servers.

Server Abuse
Any attempt to undermine or cause harm to a server or customer of Backlayer Inc is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion. All sub-networks, distributive hosting sites and dedicated servers of Backlayer Inc must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

Billing
By the Account Activation Date of each month, Backlayer Inc shall either:
(1) debit the client’s credit card (when such information has been provided by the client); or
(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to Backlayer Inc by no later than the specified payment due date. Backlayer Inc shall be entitled to immediately terminate this agreement for client’s failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client’s responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.

Service Fees
Certain services carry a setup fee charged by Backlayer Inc to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to Backlayer Inc and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.

Money back guarantee & refund policy We do not generally refund cancelled contracts. For example, if your contract is quarterly and you request a refund after two months, no refunds will be admitted. No refunds are issued for setup charges, add-on charges, domain-registrations, add-on purchases, SSL certificates or overage charges. In case of AUP violations, any and all refunds are forfeit.

Account Deactivations
Any account deactivated due to non-payment will reactivated after all pending invoices being paid and credited in our systems.

Cancellation Refunds
We DO NOT refund partial monthly fees to accounts. We require 30 days notice for a cancellation.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Limitation of Liability
Backlayer Inc shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Backlayer Inc ‘ servers going off-line or being unavailable for any reason whatsoever. Furthermore, Backlayer Inc shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Backlayer Inc ‘ servers. All damages shall be limited to the immediate termination of service.

Violations
Violations of these Acceptable Use Policies should be referred to mp@backlayer.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer
Backlayer Inc cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by Backlayer Inc are resold. Thus, certain equipment, routing, software and programming used by Backlayer Inc are not directly owned or written by Backlayer Inc. Moreover, Backlayer Inc holds no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Backlayer Inc sees fit.

Account Activation
By activating your account with Backlayer Inc, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

Server Uptime Guarantee
Backlayer Inc guarantees 99% service (http, ftp, pop, imap, smtp) uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime.
Backlayer Inc reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.

Ownership
All right, title, and interest in and to the Content available via the Website is the property of Backlayer Inc. or its licensors, and is protected by U.S. and international copyright, trademark, patent, or other proprietary rights and laws. You may not copy or otherwise use any of the Content except as expressly authorized by these Terms, as applicable.

Accuracy

While we strive to keep the Content that we post on the Website accurate, complete, and up-to-date, we cannot and do not guarantee, represent or warrant that any of the Content on this Website is accurate, complete, timely or applicable to you.

Scope of Use

You agree to use the Website solely for personal and lawful purposes, and you agree that you shall at all times comply with all applicable laws, statutes, rules, regulations, ordinances and the like applicable to your use of the Website. We grant you a nonexclusive, nontransferable, revocable, limited license to view, download, copy, and print Content retrieved from the Website only for your personal, non-commercial use. Except to the minimum extent otherwise expressly permitted under applicable law, you may not use any Content available via the Website in any other manner or for any other purpose without the prior express written permission of Backlayer Inc. Any unauthorized use of any Content from the Website may violate copyright laws, trademark laws, privacy laws and/or other laws or regulations.

Termination

Backlayer Inc reserves the right, in its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Use; and/or (ii) your registration(s) with or ability to access Backlayer Inc Site and/or any other service provided to you by Backlayer Inc.

User Communication
Backlayer Inc is pleased to hear from users and welcomes your comments regarding our products. You alone are responsible for any communication, message, and/or other content that you post, upload, submit, transmit or share with Backlayer Inc on this website, by electronic mail or otherwise, including but not limited to, any data, questions, comments, suggestions or the like (collectively “User Communications”).

By transmitting or posting any User Communications, you represent and warrant that such User Communications are your own original work and will not infringe or violate any copyright, trademark, trade secret, rights of privacy, rights of publicity or any other applicable laws. Backlayer Inc does not endorse or sponsor any such User Communications submitted by you or other users of this website.

Backlayer Inc reserves the right to terminate your registration and/or deny you access if it determines, in its sole discretion, that you are violating these Terms of Use, or applicable law, or that your conduct is harmful to us, our interests or the interests of another user, a third-party provider, merchant, sponsor, licensor, or service provider.

You are prohibited from posting, uploading, submitting, sharing or transmitting any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law. Backlayer Inc will fully cooperate with any law enforcement authorities or court order requesting or directing Backlayer Inc to disclose the identity of anyone posting any such information or materials.

Subject to the terms and conditions set forth in our Privacy Policy, all User Communications will be treated as non-confidential and nonproprietary information. Accordingly, please do not post, upload, submit or share any User Communications you wish to be kept confidential or for which you expect compensation, acknowledgment or attribution.

Your Account
You may register with us when purchasing items using this website or by other means. For your website account, you are responsible for maintaining the confidentiality of your account username and password and for preventing unauthorized access to your account. You accept responsibility for all activities that occur under your account or password, please therefore take all necessary precautions to ensure that the username and password is kept confidential and secure. Please inform us immediately if you have any reason to believe that your username and/or password has become known to anyone else, or are being, or are likely to be, used in an unauthorized manner.

Please ensure the details you provide us with on registration are correct, complete and up to date. Inform us immediately of any changes to those details (e.g. change of email or postal address). You can access and update your details using the ‘Your Account’ area of the Website.

We reserve the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we do cancel an order, it will be without charge to you.

Personal Information

You may be asked to provide personal information (i.e. information which is collected and identifiable as relating to you personally) before purchasing any product, entering any competition or registering for our Backlayer Inc e-Newsletter on this web site. All personal information collected from this web site will be maintained in accordance with the Backlayer Inc Privacy Statement. By using this site, you consent to Backlayer Inc retaining and using your personal information in accordance with the Privacy Policy.

Linking

The sites that are linked from this website are not under our control. Backlayer Inc does not assume any responsibility or liability for any communications or materials available at those linked sites. All links are provided for your convenience only; they are not an endorsement or referral by Backlayer Inc. You may not use any Backlayer Inc icons or logos on your website. Without our express written consent, and you may not use the link to suggest that Backlayer Inc sponsors, endorses, approves of, or is affiliated with, you or your website.

Disclaimer

The materials on this website are provided “as is” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property.

Backlayer Inc expressly disclaims any duty to update or revise the materials on this website, although Backlayer Inc may modify the materials at any time without notice. Your use of this website is at your sole risk, and you assume full responsibility for any costs associated with your use of this website. Backlayer Inc shall not be liable for any damages of any kind related to your use of this website.

Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Backlayer Inc has adopted a policy of terminating and barring, in appropriate circumstances and at Backlayer Inc’s sole discretion, site users or account holders who are deemed to be repeat infringers. Backlayer Inc may also at its sole discretion limit access to this site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Indemnification

You agree to indemnify, defend, and hold harmless each of Backlayer Inc its parents, subsidiaries, affiliates, officers, directors and employees, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your use of this Site, the violation of these Terms of Use by you, or the infringement by you, or any other user using your account, of any intellectual property or other right of any person or entity.

Modification and Notice

You agree that Backlayer Inc may modify these Terms and Conditions and any other policies on our Site at any time and that posting the modified Terms and Conditions or policies on our Site will constitute sufficient notice of such modification.

Severability

If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

Applicable Laws

Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of USA without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of Florida, USA in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.

Details

This site is owned and operated by: Backlayer Inc

You can contact us by email on: sales@backlayer.com