Acceptable Use Policy

Acceptable Use Policy

VIOLATING THIS AGREEMENT MAY RESULT IN IMMEDIATE ACCOUNT CANCELLATION

By using our services you agree to comply with our policies. We expect you to have a basic knowledge of how the Internet functions, the types of uses that are generally acceptable, and the types of uses that are to be avoided. Common sense is the best guide as to what is considered acceptable use. Interpretation

The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. Layerbay.com reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill. Illegal Use Layerbay.com services may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. System and Network Security

Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probe, or scan of a system’s security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, and broadcast attacks. Layerbay.com has a “zero tolerance” policy regarding Denial of Service Attacks. Layerbay.com reserves the right to terminate any Hosting account or Dedicated or Managed Server or Colocation account that has been the target of a Denial of Service or similar type attack.

No Layerbay.com servers, services or networks may be used for:

* Email spamming

* IRC Hosting or Services of any kind

* Warez, Hackz or Serialz sites.

* Illegal content or activities

* Pornographic content or images

* Any other type of high packet load or disruptive network traffic

Ask before you attempt something questionable. It will save us all a lot of trouble. Spamming Directly or indirectly transmitting or supporting the transmission of unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site’s mail server to relay mail without the express permission of the site.

Service Disruption

If your account is effecting the performance, reliability, or uptime of other Layerbay.com customers, your service may be cancelled without notification. For example, if your website is hosting a large download file and you are maxing out the download speeds capable of our webserver, it will result in slow loading times for the rest of our customers, and we may cancel your account as a result of this. All account cancellations are subject to a possible partial refund which will be reviewed by Layerbay.com.

Service Usage and Restrictions

(a) Web Hosting: Web Hosting accounts are rented space and bandwidth on Layerbay.com’ equipment which allow the Customer to host files on the world-wide web such as websites, blogs, downloadable files, and more. Customer pays for a maximum space (megabytes) (known as “Hard-Drive Space” on the Layerbay.com order form) and maximum transfer (megabytes) (known as “Monthly Transfer” on the Layerbay.com order form), these maximum numbers may not be altered or changed by Customer unless the Customer is given written permission from Layerbay.com. If the maximum space (megabytes) or maximum bandwidth transfer (megabytes) is reached, the Customer’s service will be suspended until the Customer upgrades his or her account, or the term ends and a new term is begun. “Hard-Drive Space” is the amount of space the customer is given to store files, this amount of space may not be exceeded. “Monthly Transfer” is the amount of data/bandwidth the Customer is permitted to use in one (1) month, this amount may not be exceeded. Customer is not permitted to host illegal files such as warez, computer viruses, or any other illegal files outlined in the laws of the United States of America, or the states of Michigan and Illinois – more information on this can be found in the Layerbay.com’ Acceptable Use Policy (AUP). Pornographic content and images is not permitted on Layerbay.com’ web hosting accounts. All usage of the web hosting account must abide by this Terms of Service (TOS) and the Layerbay.com’ Acceptable Use Policy (AUP). Customer acknowledges that they are not purchasing a website from Layerbay.com’, the Customer is only purchasing space (CPU, RAM/Memory, and Hard-Drive Space) and bandwidth transfer in which a website can be run on Layerbay.com’ equipment. The actual website must be provided by the Customer, and purchased or obtained lawfully while abiding by local, state, and national copyright laws. Customer is not given access to Layerbay.com’ equipment, Customer is only given access to the space of the Customer’s service. Layerbay.com’ makes no guarantee of the performance of its services provided to Customer, any issue with performance of the service will not be subject to service credit or refund.

Failure to follow the above listed rules is deemed a breach of this agreement and is subject to review by Layerbay.com, and may result in immediate account cancellation. Consequences of Violation

When Layerbay.com becomes aware of an alleged violation of its Acceptable Use Policy, Layerbay.com will initiate an investigation. During the investigation Layerbay.com may restrict Customer’s access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, Layerbay.com may, at its sole discretion, restrict, suspend, or terminate Customer’s account and/or pursue other civil remedies. If such violation is a criminal offense, Layerbay.com will notify the appropriate law enforcement department of such violation. Layerbay.com does not issue service credits for any outages incurred through service disablement resulting from Policy violations.

Violating this agreement may result in immediate account cancellation. Modification

Layerbay.com reserves the right to add, delete, or modify any provision of this Policy at any time without notice. Reporting Network Abuse

Any party seeking to report any violations of Layerbay.com’s policy may contact us via e-mail: admin@Layerbay.com

VIOLATING THIS AGREEMENT MAY RESULT IN IMMEDIATE ACCOUNT CANCELLATION