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UNIVERSAL TERMS OF SERVICES AGREEMENT

Please read this universal terms of service carefully, as it contains important information regarding your legal rights and remedies.

Terms of Service Agreement (this “Agreement”) is entered into by and between Raidlayer Webhost (P) Limited and you, and is made effective as of the date of your use of this website (“Site”) or the date of electronic acceptance.  This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services.

Whether you are simply browsing or using this Site or purchase Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies and the applicable product agreements, which are incorporated herein by reference:

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least [18] years of age to use this website.  By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least [18] years of age.

This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to our Raidlayer’s use of cookies in accordance with the terms of Raidlayer’s privacy policy / cookies policy.

License to use website

Unless otherwise stated, Raidlayer and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • [edit or otherwise modify any material on the website; or]
  • [redistribute material from this website [except for content specifically and expressly made available for redistribution]

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without RAIDLAYER’S express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without RAIDLAYER’S express written consent.

Restricted access

Access to certain areas of this website is restricted.] Raidlayer reserves the right to restrict access to other areas of this website, or indeed this entire website, at RAIDLAYER’S discretion.

If Raidlayer provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Raidlayer may disable your user ID and password in RAIDLAYER’S sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Raidlayer a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to Raidlayer the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Raidlayer or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Raidlayer reserves the right to edit or remove any material submitted to this website, or stored on RAIDLAYER’S servers, or hosted or published upon this website.

Notwithstanding RAIDLAYER’S rights under these terms and conditions in relation to user content, Raidlayer does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied.  Raidlayer makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Raidlayer does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.

Limitations of liability

Raidlayer Webhost (P) Limited will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • [to the extent that the website is provided free-of-charge, for any direct loss;]
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Raidlayer Webhost (P) Limited has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit [NAME’S] liability in respect of any:

  • death or personal injury caused by Raidlayer negligence;
  • fraud or fraudulent misrepresentation on the part of Raidlayer Webhost (P) Limited; or
  • matter which it would be illegal or unlawful for Raidlayer Webhost (P) Limited to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Raidlayer Webhost (P) Limited has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Raidlayer Webhost (P) Limited’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Raidlayer Webhost (P) Limited’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Raidlayer Webhost (P) Limited.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Raidlayer Webhost (P) Limited and undertake to keep Raidlayer Webhost (P) Limited indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Raidlayer Webhost (P) Limited to a third party in settlement of a claim or dispute on the advice of Raidlayer Webhost (P) Limited’s legal advisers incurred or suffered by Raidlayer Webhost (P) Limited arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Raidlayer Webhost (P) Limited’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Raidlayer Webhost (P) Limited may take such action as Raidlayer Webhost (P) Limited deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Raidlayer Webhost (P) Limited may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

Raidlayer Webhost (P) Limited may transfer, sub-contract or otherwise deal with [Raidlayer Webhost (P) Limited’s] rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

ENGLISH LANGUAGE CONTROLS

This Agreement, along with all policies and the applicable product agreements identified above and incorporated herein by reference (collectively, the “Agreement”), is executed in the English language. To the extent any translation is provided to you, it is provided for convenience purposes only, and in the event of any conflict between the English and translated version, where permitted by law, the English version will control and prevail. Where the translated version is required to be provided to you and is to be considered binding by law (i) both language versions shall have equal validity, (ii) each party acknowledges that it has reviewed both language versions and that they are substantially the same in all material respects, and (iii) in the event of any discrepancy between these two versions, the translated version may prevail, provided that the intent of the Parties has been fully taken into consideration.

Cancellations and Refunds

If an account with a Thirty (30) days money-back guarantee is purchased and then cancelled within the first Thirty (30) days of the beginning of the term (the “Money-Back Guarantee Period”), you will, upon your written request to the Raidlayer Support Team (the “Refund Request”) within Thirty (30) days of such termination or cancellation (“Notice Period”), receive a full refund of all basic shared and reseller hosting fees previously paid by you to Raidlayer for the initial term (“Money-Back Guarantee Refund”); provided that such Money-Back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions of. Requests for these refunds must be made in writing to the Raidlayer Support Team. Refunds will only be issued for basic shared and reseller hosting services and will not include administrative fees, install fees for custom software or other setup fees, nor will they include any fees for any other additional services. Money Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances, if you do not provide the applicable Refund Request within the Notice Period.

Refund Eligibility.
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.

Non-refundable Products and Services.
There are no refunds on Domain Name, VPS and dedicated servers, administrative fees, and install fees for custom software.

Cancellation Process.
You may terminate or cancel the Services by giving Raidlayer written notice via the cancellation form provided. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) Raidlayer may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.

Once we receive your cancellation form and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject line for your reference and for verification purposes. You should immediately receive an automatic email with a tracking number stating that “Your request has been received….” Raidlayer will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us immediately via phone.
We require all cancellations to be done through the online form in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.

Cancellations for shared and reseller accounts will be effective on the account’s renewal date. Cancellations for dedicated and VPS accounts will be effective immediately.

Domains.
Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify Raidlayer’s Billing department via a support ticket created from http://support.raidlayer.com to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.

Foreign Currencies.
Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Raidlayer is not responsible for any change in exchange rates between the time of payment and the time of refund.

Termination
Raidlayer may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm Raidlayer or others or cause Raidlayer or others to incur liability, as determined by Raidlayer in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, Raidlayer shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, Raidlayer may charge you for all fees due for the Services for the remaining portion of the then current term.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.

USAGE POLICIES AND DEFINITIONS

“Unlimited” Usage Policies and DefinitionsWhat “Unlimited” means
Raidlayer does not set an arbitrary limit on the amount of resources an account can use. Subject to this Agreement, Raidlayer will make every commercially reasonable effort to provide Members with the necessary storage, bandwidth, and other server resources to power their websites, provided that the Member’s use of the service complies with the terms specified in this Agreement.
What “Unlimited” DOES NOT mean
Raidlayer’s offering of “unlimited” services does not allow the actions of individual Members to negatively or adversely affect the service experience of other Members. Raidlayer’s shared hosting service is designed to meet the typical needs of an average small business or home business website. Our services are not intended to support the greater web hosting needs of large enterprises or to be used as an online storage warehouse to store backups, archiving of electronic files or emails, documents, log files, etc. or to be used as a media file streaming/sharing hub. Members found to be adversely affecting the performance of other Member accounts by excessively using network bandwidth, server storage, memory or CPU resources, will be flagged by Raidlayer administrators and anti-abuse controls. These Members will then be asked to consider Virtual Private Server (VPS) or Dedicated Server services. Serious offenses will result in the account service suspension or termination, with or without notice.

The reselling any of the Service’s resources is strictly prohibited. Any accounts found to be reselling resources will immediately be suspended, with or without notice. Reselling of account resources is only permitted if you are using a Reseller Hosting Plan, a VPS or a Dedicated Server.

CPU, Bandwidth and Disk Usage

Permitted CPU and Disk Usage.
All use of hosting space provided by Raidlayer is subject to the terms of this Agreement and the Acceptable Use Policy.

Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. Raidlayer expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. Raidlayer may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of Raidlayer’s terms and conditions.

Dedicated and VPS usage is limited by the resources allocated to the specific plan that you have purchased.

Bandwidth Usage.
Shared servers are not limited in their bandwidth allowance. Unlimited bandwidth usage is not available for resellers, dedicated or VPS servers, which are subject to the terms of the plan you purchased and can be viewed in your control panel.

Uptime Guarantee

If your shared or reseller server has a physical downtime that falls short of the 99.9% uptime guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of Raidlayer and may be dependent upon the justification provided. 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. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please visit http://support.raidlayer.com to create a support ticket to our Billing department with justification [within thirty (30) days of the end of the month for which you are requesting a credit]. Uptime guarantees only apply to share and reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

Reseller Terms and Client Responsibility

    • Resellers shall ensure that each of their clients complies with this Agreement.
    • Resellers are responsible for supporting their clients. Raidlayer does not provide support to clients of Raidlayer’s resellers. If a reseller’s client contacts Raidlayer, Raidlayer reserves the right to place a reseller client account on hold until the reseller can assume responsibility for the reseller’s client. All support requests must be made by the reseller on its client’s behalf for security purposes.
    • Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. Raidlayer will hold any reseller responsible for any of their client’s actions that violate the law or this Agreement.
    • Raidlayer is not responsible for the acts or omissions of our resellers. The reseller hereby agrees to indemnify Raidlayer from and against any and all claims made by any User arising from the reseller’s acts or omissions.
    • Raidlayer reserves the right to revise our Reseller Program at any time. Changes shall take effect when posted online or on any subsequent date as may be set forth by Raidlayer.
    • Resellers in the Raidlayer Reseller Program assume all responsibility for billing and technical support for each of the Users signed up by the reseller.

Shared (non-reseller accounts)

Shared accounts may not be used to resell web hosting to others. If you wish to resell hosting you must use a reseller account.

Dedicated Servers

Raidlayer 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 your responsibility to ensure that there is a valid email address and current root password on file for your dedicated server to prevent downtime from forced password resets. Raidlayer 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. It is your responsibility to maintain backups. Dedicated servers that have invoices outstanding for more than ten (10) days may be subject to deletion which will result in the loss of all data on the server. Raidlayer will not be liable for any loss of data resulting from such deletion.

Price Change

Raidlayer reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days notice before charging you with any price change on any annual or longer term plans. It is your sole responsibility to periodically review billing information provided by Raidlayer through the user billing tool or through other methods of communication, including notices sent or posted by Raidlayer.

Coupons

Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.

Limitation of Liability

IN NO EVENT WILL RAIDLAYER ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF RAIDLAYER IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, RAIDLAYER’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO RAIDLAYER FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

Indemnification

You agree to indemnify, defend and hold harmless Raidlayer, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) 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 against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.

Arbitration

By using the Services, you hereby submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any dispute relating to, concerning or arising out of this Agreement. The arbitration will be conducted before a single arbitrator chosen by Raidlayer and will be held at the AAA location chosen by Raidlayer in Texas. Payment of all filing, administrative and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Raidlayer will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this paragraph. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The arbitrator’s authority to resolve and make written awards is limited to claims between you and Raidlayer alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate litigation or any other proceeding against Raidlayer in violation of this paragraph, you agree to pay Raidlayer’s reasonable costs and attorneys’ fees incurred in connection with our enforcement of this paragraph.

Independent Contractor

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Backups and Data Loss

Your use of the Services is at your sole risk. Raidlayer’s backup service runs once a week and overwrites any of our previous backups. Only one week of backups are kept at a time. This service is provided only to shared and reseller accounts as a courtesy and may be modified or terminated at any time at Raidlayer’s sole discretion. Raidlayer does not maintain backups of dedicated accounts. Raidlayer is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on Raidlayer’s servers.

Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of databases continuing to be backed up. All data will continue to be mirrored to a secondary drive to help protect against data loss in the event of a drive failure.

Limited Warranty

THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, RAIDLAYER AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. RAIDLAYER AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. RAIDLAYER AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

Disclosure to Law Enforcement

Raidlayer may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.

Entire Agreement

This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.

Headings

The headings herein are for convenience only and are not part of this Agreement.

Severability

If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.

Waiver
No failure or delay by you or Raidlayer to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.

Assignment; Successors
You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of Raidlayer. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. Raidlayer may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

Force Majeure
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

Third-Party Beneficiaries
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.

User Responsibility

It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. Raidlayer is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, you may utilize the Raidlayer Billing and Support Portal to update your contact information. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.

You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.

Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.

Transfers

Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date. Transfers outside of the thirty (30) day period will incur a charge; please contact a member of our Transfers department to receive a price quote. In no event shall Raidlayer be held liable for any lost or missing data or files resulting from a transfer to or from Raidlayer. You are solely responsible for backing up your data in all circumstances.

Third Party Products and Services

Third Party Providers Raidlayer may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.Raidlayer does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. Raidlayer is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.

Raidlayer as Reseller or Licensor

Raidlayer may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services (“Non-Raidlayer Products”). Raidlayer shall not be responsible for any changes in the Services that cause any Non-Raidlayer Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-Raidlayer Products, either sold, licensed or provided by Raidlayer to you will not be deemed a breach of Raidlayer’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-Raidlayer Product are limited to those rights extended to you by the manufacturer of such Non-Raidlayer Product. You are entitled to use any Non-Raidlayer Product supplied by Raidlayer only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-Raidlayer Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-Raidlayer Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.

Account Security and Raidlayer Systems.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.

The Services, including all related equipment, networks and network devices are provided only for authorized customer use. Raidlayer may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, 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. By using the Services, you 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 requires the express written consent of the third party. Raidlayer may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.

Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by Raidlayer of an issue, we reserve the right to leave access to services disabled.

Raidlayer reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.

HIPAA Disclaimer. We are not “HIPAA compliant.”

You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Raidlayer does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to “protected health information” is a material violation of this Agreement, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that Raidlayer is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact feedback@raidlayer.com.

Compatibility with the Services

You agree to cooperate fully with Raidlayer in connection with Raidlayer’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, Raidlayer is not responsible for any delays due to your failure to timely perform your obligations.

You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by Raidlayer to provide the Services, which may be changed by Raidlayer from time to time in our sole discretion.

You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. Raidlayer does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.

SERVICE FEES / PAYMENTS / INVOICES

All Raidlayer fees and charges are quoted and billed in US Dollars unless otherwise noted.
Members have the option to pay services fees in INR or US Dollars. If US Dollars is selected as the billing currency, Members will be charged the US Dollar equivalent of the US Dollar total. The exchange rate used (“Exchange Rate”) is subject to change from time to time.

Raidlayer uses an automated payment processing system and accepts credit card, Debit Card, Visa, Master and Paypal payments at this time. All Members are required to maintain valid credit card information on file for the processing of any applicable service fees. At its sole discretion, Raidlayer may use credit card issuer-approved services, such as VISA Account Updater and MasterCard Automatic Billing Updater, to acquire updated payment information for the purpose of processing outstanding payments that are on your account.

Raidlayer may take any reasonable action to validate your credit card and registration information and collect all payments due. You agree to pay all attorney and collection fees arising from any efforts to collect any past due amounts from you, to the extent allowed by law.
Members using American Express credit cards for payment will be charged the Canadian Dollar equivalent of the US Dollar total calculated using the Exchange Rate regardless of the selected billing currency.

Service fees are due at the time of order or on the day of renewal. All fees must be paid in full.
Invoices for all Raidlayer services can be found by logging into Client Area.
Billing inquiries and disputes should be brought to Raidlayer’s attention within 30 days of the invoice date. Failure to do so will be deemed to be an admission that the invoice and charges are accurate.

If any chargeback or charge dispute notices are received for your account, services provided to you may be immediately suspended pending investigation, and you will be subject to chargeback service charges. Where applicable, Raidlayer reserves the right to put your domain name into “Registrar Hold” status and deny any transfer requests for that domain name until the chargeback or dispute issue has been resolved.

Accounts will be suspended if its service renewal fees are not paid within 72 hours of the due date. Accounts suspended in this manner can be re-activated upon payment of the Account Reactivation Fee.
Any applications or requests for services will be declined if payment cannot be successfully processed within 72 hours of the order. In-store credit and coupons issued by Raidlayer are not transferable and are of no cash value.
Raidlayer reserves the right to modify service fees and rates, effective upon posting on the Raidlayer website or on this Agreement. Current service charges include the following (non-exclusive list):
Billing and Payment Information

Prepayment.
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.

Auto renewal.
Unless otherwise provided, you agree that until and unless you notify Raidlayer of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.

Taxes.
Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to Raidlayer’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.

Late Payment.
All invoices must be paid within ten (10) days of the invoice due date. Any invoice that is outstanding for more than ten (10) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, Raidlayer may suspend or terminate your account and pursue the collection costs incurred by Raidlayer, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. Raidlayer will not activate new orders or activate new packages for customers who have an outstanding balance on their account.

Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. If you make a late payment we do not automatically reactivate the dedicated servers. Contact Raidlayer directly after you make a late payment to reactivate the dedicated server.

Domain Payments.
It is solely your responsibility to notify Raidlayer’s Billing department via a support ticket created from https://support.raidlayer.com after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and Raidlayer is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.

Fraud.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Raidlayer may report any such misuse or fraudulent use, as determined in Raidlayer’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.

Invoice Disputes.
You have ninety (90) days to dispute any charge or payment processed by Raidlayer. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.

Payment Card Industry Security Standard Disclaimer.
Raidlayer complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of our customer’s data and billing information. However, you are solely responsible for the security of the data and billing information on your User Website. Raidlayer does not monitor User Websites for PCI compliance and we are not able to verify whether a User Website complies with the PCI Standard.

DOMAIN NAME REGISTRATION
Raidlayer offers domain name registration and renewal services in partnership with ICANN accredited registrars Directi. Raidlayer processes registration and renewal services through these respective registrars at its discretion.
Promotional offers, including special introductory rates, promotional rates, or any non-regular pricing, are only available to new customers and are only valid for the initial term. All domain names registrations will renew at the regular renewal rate.
Domain names which have opted in to the Automatic Domain Renewal service, and any optional features associated with them, will be automatically renewed for the minimum term available for that domain type at the regular renewal rate 6 days prior to expiry. You will be solely responsible for all renewal costs and for any other costs in doing so. Members may choose to opt in or out of the Automatic Domain Renewal service via Client Area. If your hosting plan includes a free domain name, Raidlayer may automatically renew your domain name for you upon expiry as part of your hosting plan’s benefits, regardless of your Automatic Domain Renewal settings.
You acknowledge and agree that you may not transfer the domain name registration to another domain name registrar during the first 60 days of the initial registration, or within 60 days of any successful transfer. Raidlayer is authorized to deny any such transfer requests.
You acknowledge and agree that Raidlayer may, but is not obligated to, place your domain name in a Domain Lock status to prevent unauthorized or hostile transfers of your domain name.
Domain transfer services are included only for active domain names that are either registered or renewed through Raidlayer at the regular rate. Members may transfer expired domain names and domain names that were purchased at a promotional rate to another domain name registrar by paying a Domain Transfer Fee. The Domain Transfer Fee is based on the domain type and is subject to any applicable taxes.
In additional to this Agreement, new domain registration accounts are also subject to the Domain Registration Agreements of the respective governing registries. The Domain Registration Agreements can be found

MEMBER RESPONSIBILITY

When you apply to use Raidlayer services, you will be asked to select a Member ID and Password. The Member ID and Password are the means through which you access certain services. You acknowledge and agree that it is your responsibility to safeguard the Member ID and Password you select from any unauthorized use. IN NO EVENT WILL RAIDLAYER BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR MEMBER ID OR PASSWORD.
Members are responsible for maintaining accurate account information at all times, including credit card and contact information. This information can be updated in Client Area.

PROHIBITED CONDUCT

Raidlayer does not allow the use of unsolicited commercial email (“Spam”) to promote products or services. Any Member engaging in the sending of Spam through the Raidlayer network or promoting information on websites hosted by Raidlayer will be considered in breach of this Agreement and will be suspended from the Service immediately.
Your use of the Service must be in compliance with Indian and US laws, and the laws of your country at all times.
You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, or consuming excessive amounts of memory, CPU or bandwidth capacity.
The following is a non-exclusive list of content and behavior prohibited by the Service:

  • Content that contains or contains links to: nudity, pornography, adult content, materials with sex or foul language.
  • Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.
  • Content that has been promoted through the sending of Spam or mail fraud schemes, or pages that promote or condone the sending of Spam. The sending of bulk email originating from our servers mass distributed to unknown recipients soliciting products or services, or of bulk email NOT originating from our servers mass distributed to unknown recipients soliciting products or services relating to a Raidlayer account will result in immediate account suspension.
  • Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectable material.
  • Content or otherwise that exploits children under 18 years of age.
  • Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
  • Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.
  • Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.
  • Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.
  • Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any Raidlayer service, solution or technology.
  • Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of individual passwording of Member Sites (or pages contained therein).

NOTICES
You agree that, unless other instructions are posted on Raidlayer’s website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by registered mail or by courier to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for Raidlayer posted on the Raidlayer website. All notices shall be effective upon receipt, except that email notices shall be effective upon transmission.

PRIVACY

The Raidlayer Privacy Policy sets out our obligations with respect to the safeguarding, collection and use of Members’ personal information. The Raidlayer Privacy Policy is subject to modification from time to time, and such changes are effective upon posting of the modified policy to this URL:http://www.raidlayer.com/tos.html
Email newsletters will only be sent directly by Raidlayer. Member information will not be disclosed or sold to any third parties.

RESERVATION OF RIGHTS

Raidlayer reserves the right and sole discretion to:

  • Censor any website hosted on its servers that is deemed inappropriate.
  • Review any account for excessive space or bandwidth utilization and to suspend service to those accounts that have exceeded allowed levels.
  • Terminate any account for non-payment of fees, for providing fraudulent account information or fraudulent payment information.
  • Terminate any account if the contents of its website results in, or are the subject of, legal action or threatened legal action against Raidlayer or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
  • Terminate any account for unsolicited, commercial e-mailing (i.e., Spam), illegal access to other computers or networks (i.e., hacking), distribution of Internet viruses or similar distructive activities, activities whether lawful or unlawful that Raidlayer determines to be harmful to its other customers, operations or reputation, or for any breach of this agreement.
  • Suspend the Service at any time for any duration of time when necessary, without penalty or liability to ourselves.

You agree that it may be necessary for us to temporarily suspend the Service for technical reasons or to maintain network equipment or facilities.

LIMITATION OF LIABILITY

The Service is provided on an “as is” and “as available” basis and the use of the Service is at your own risk. Raidlayer makes no representations or warranties, either expressed or implied, with respect to the Service, or any service or information provided through the Service. Raidlayer is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by Raidlayer.
In no event will Raidlayer be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you.
Raidlayer, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from the use of the Service or of your website.
In no event shall Raidlayer be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on your website, or for providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.

INDEMNIFICATION
You agree to indemnify and hold Raidlayer harmless from and against, and to reimburse Raidlayer with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) of every nature whatsoever incurred by Raidlayer by reason of or arising out of or in connection with:

  • Any breach of this Agreement by you.
  • Any infringement of any copyright, trademark, patent, trade secret or any other intellectual propriety right of any party by content on your website.
  • Illegal, pornographic, or discriminatory content on your website.

FORCE MAJEURE
Raidlayer will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay service provisioning.

UNENFORCEABLE PROVISIONS

If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way.

GOVERNING LAW
The rights and obligations of the parties pursuant to this Agreement are governed by, and shall be construed in accordance with, the laws of the province of India.
You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Province of Ahmedabad for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.

GENERAL RULES OF CONDUCT

You acknowledge and agree that:Your use of this Site and the Services , including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.

ADDITIONAL RESERVATION OF RIGHTS

Raidlayer expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Raidlayer in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Raidlayer in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of Raidlayer, its officers, directors, employees and agents, as well as Raidlayer’s affiliates, including, but not limited to, instances where you have sued or threatened to sue Raidlayer.

Raidlayer expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.

Raidlayer expressly reserves the right to terminate, without notice to you, any and all Services where, in Raidlayer’s sole discretion, you are harassing or threatening Raidlayer and/or any of Raidlayer’s employees.

  • You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
  • You will not use this Site or the Services in a manner (as determined by Raidlayer in its sole and absolute discretion) that:
    • Is illegal, or promotes or encourages illegal activity;
    • Promotes, encourages or engages in child pornography or the exploitation of children;
    • Promotes, encourages or engages in terrorism, violence against people, animals, or property;
    • Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
    • Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
    • Infringes on the intellectual property rights of another User or any other person or entity;
    • Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
    • Interferes with the operation of this Site or the Services found at this Site;
    • Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
    • Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Raidlayer or Raidlayer’s Services.
  • You will not copy or distribute in any medium any part of this Site or the Services , except where expressly authorized by Raidlayer.
  • You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
  • You will not access Raidlayer Content (as defined below) or User Content through any technology or means other than through this Site itself, or as Raidlayer may designate.
  • You agree to back-up all of your User Content so that you can access and use it when needed. Raidlayer does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
  • You will not re-sell or provide the Services for a commercial purpose, including any of Raidlayer’s related technologies, without Raidlayer’s express prior written consent.
  • You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
  • You are aware that Raidlayer may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you do not have any reasonable expectation of privacy during those calls; indeed you hereby consent to allow Raidlayer, in its sole discretion, to record the entirety of such calls regardless of whether Raidlayer asks you on any particular call for consent to record such call.  You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which Raidlayer is a party.

Raidlayer reserves the right to modify, change, or discontinue any aspect of this Site or the Services, including without limitation prices and fees for the same, at any time.

NO SPAM; LIQUIDATED DAMAGES

No Spam.  We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming and maintain a spam abuse complaint center to register allegations of spam abuse. Customers suspected to be using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.

We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:
i.      Email Messages
ii.      Newsgroup postings
iii.      Windows system messages
iv.      Pop-up messages (aka “adware” or “spyware” messages)
v.      Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)
vi.      Online chat room advertisements
vii.      Guestbook or Website Forum postings
viii.      Facsimile Solicitations
ix.      Text/SMS Messages
We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations, which include the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, but you must also abide by this no spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have “opted-in” to receive messages. They must include a legitimate return address and reply-to address, the sender’s physical address, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number.

If we determine the services in question are being used in association with spam, we will re-direct, suspend, or cancel any web site hosting, domain registration, email boxes or other applicable services for a period of no less than two (2) days. The registrant or customer will be required to respond by email to us stating that they will cease to send spam and/or have spam sent on their behalf. We will require a non-refundable reactivation fee to be paid before the site, email boxes and/or services are reactivated. In the event we determine the abuse has not stopped after services have been restored the first time, we may terminate the hosting and email boxes associated with the domain name in question.

We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email or through our Spam Abuse Complaint Center on the Web.  Web: report abuse.

Liquidated Damages.  You agree that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay us liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account.

TRADEMARK AND/OR COPYRIGHT CLAIMS

Raidlayer supports the protection of intellectual property.  If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to Raidlayer’s Trademark and/or Copyright Infringement Policy referenced above and available here.

LINKS TO THIRD-PARTY WEBSITES

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by Raidlayer. Raidlayer assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Raidlayer does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release Raidlayer from any and all liability arising from your use of any third-party website. Accordingly, Raidlayer encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

DISCONTINUED SERVICES; END OF LIFE POLICY

Raidlayer reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although Raidlayer makes great effort to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued or reach its End-of-Life (“EOL”). If that is the case, that product or service will no longer be supported by Raidlayer, in any way, effective on the EOL date.

Notice and MigrationIn the event that any Service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date, or by entirely ceasing reliance on said Service before the EOL date. In either case, Raidlayer will either offer a comparable Service for you to migrate to for the remainder of the term of your purchase, a prorated in-store credit, or a prorated refund, to be determined by Raidlayer in its sole and absolute discretion. Raidlayer may, with or without notice to you, migrate you to the most up-to-date version of the Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration.

No LiabilityRaidlayer will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.

GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS

You agree to pay any and all prices and fees due for Services purchased or obtained at this Site at the time you order the Services.  All prices and fees are non-refundable unless otherwise expressly noted in the Refund Policy section below, even if your Services are suspended, terminated, or transferred prior to the end of the Services term.  Raidlayer expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you.  If you have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.

Except as prohibited in any product-specific agreement, you may pay for Services by utilizing any of the following “Payment Methods”: (i) by providing a valid credit card, (ii) by using Raidlayer’s “Good As Gold Prepaid Services” (defined below); (iii) via an electronic check from your personal or business checking account, as appropriate (and as defined below); (iv) by using PayPal (as defined below), (v) by using an International Payment Option (as defined below) or (vi) via in-store credit balances, if applicable (and as defined below), each a “Payment Method”.  For Services that offer “Express Checkout”, clicking the Express Checkout button will automatically place an order for that Service and charge the primary Payment Method on file for your Account.  Confirmation of that order will be sent to the email address on file for your Account.  Your Payment Method on file must be kept valid if you have any active Services in your Account.

You acknowledge and agree that where refunds are issued to your Payment Method, Raidlayer’s issuance of a refund receipt is only confirmation that Raidlayer has submitted your refund to the Payment Method charged at the time of the original sale, and that Raidlayer has absolutely no control over when the refund will be applied towards your Payment Method’s available balance.  You further acknowledge and agree that the payment provider and/or individual issuing bank associated with your Payment Method establish and regulate the time frames for posting your refund, and that such refund posting time frames may range from five (5) business days to a full billing cycle, or longer.

In the event a refund is issued to your Payment Method and the payment provider, payment processor or individual issuing bank associated with your Payment Method imposes any limitations on refunds, including but not limited to, limitations as to the timing of the refund or the number of refunds allowed, then Raidlayer, in its sole and absolute discretion, reserves the right to issue the refund either (i) in the form of an in-store credit; or (ii) via issuance of a Raidlayer check, which will be sent to the mailing address on file for your Account.  Raidlayer also has the right, but not the obligation, to offer an in-store credit for customers seeking refunds, even if there are no limitations on refunds imposed by the Payment Method.  For the avoidance of doubt, any and all refunds processed via the issuance of either in-store credits or a Raidlayer check are solely within Raidlayer’s discretion and are not available at customer request.

If you are being billed on a monthly basis, your monthly billing date will be based on the date of the month you purchased the Services unless that date falls after the 28th of the month, in which case your billing date will be the 28th of each month.

If for any reason Raidlayer is unable to charge your Payment Method for the full amount owed for the Services provided, or if Raidlayer receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that Raidlayer may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any domain names or Services registered or renewed on your behalf.  Raidlayer also reserves the right to charge you reasonable “administrative fees” or “processing fees” for (i) tasks Raidlayer may perform outside the normal scope of its Services, (ii) additional time and/or costs Raidlayer may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by Raidlayer in its sole and absolute discretion).  Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention; (ii) UDRP actions(s) in connection with your domain name(s) and/or disputes that require accounting or legal services, whether performed by Raidlayer staff or by outside firms retained by Raidlayer; (iii) recouping any and all costs and fees, including the cost of Services, incurred by Raidlayer as the results of chargebacks or other payment disputes brought by you, your bank or Payment Method processor. These administrative fees or processing fees will be billed to the Payment Method you have on file with Raidlayer.

Raidlayer may offer product-level pricing in various currencies; however, transaction processing is supported only in U.S. dollars and a select number of the currency options displayed on this Site (“Supported Currency” or “Supported Currencies”). If the currency selected is a Supported Currency, then the transaction will be processed in the Supported Currency and the pricing displayed during the checkout process will be the actual amount processed and submitted to your bank for payment. If the currency selected is not a Supported Currency, then the transaction will be processed in U.S. dollars and the pricing displayed during the checkout process will be an estimated conversion price at the time of purchase. In either case (whether the currency selected is a Supported Currency or not), if the transaction is processed in a currency that differs from the currency of your bank account, you may be charged exchange rate conversion fees by your bank.  In addition, due to time differences between (i) the time you complete the checkout process, (ii) the time the transaction is processed, and (iii) the time the transaction posts to your bank statement, the conversion rates may fluctuate, and Raidlayer makes no representations or warranties that (a) the amount submitted to your bank for payment will be the same as the amount posted to your bank statement (in the case of a Supported Currency) or (b) the estimated conversion price will be the same as either the amount processed or the amount posted to your bank statement (in the case of a non-Supported Currency), and you agree to waive any and all claims based upon such discrepancies (including any and all claims for a refund based on the foregoing). In addition, regardless of the selected currency, you acknowledge and agree that you may be charged Value Added Tax (“VAT“), Goods and Services Tax (“GST“), or other localized fees and/or taxes, based on your bank and/or the country indicated in your billing address section.

PAY BY PAYPAL

By using Raidlayer’s pay by PayPal payment option (“PayPal”), you can purchase Services using PayPal. In connection therewith, you agree to allow PayPal to debit the full amount of your purchase from your PayPal account (“PayPal Account”) or from credit card(s), bank account(s), or other allowed payment method(s) linked to your PayPal Account (“PayPal Funding Source”).

It is your responsibility to keep your PayPal Account and PayPal Funding Source current and funded, and your PayPal Account backed by a valid credit card.  You acknowledge and agree that (i) PayPal reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your PayPal Account or PayPal Funding Source no longer existing or not holding available/sufficient funds) and (ii) in such event, neither PayPal nor Raidlayer shall be liable to you or any third party regarding the same.  If for any reason PayPal is unable to withdraw the full amount owed for your purchase, you agree that PayPal and Raidlayer may pursue all available lawful remedies in order to obtain payment. You agree that if the transaction is returned unpaid, you will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from your PayPal Account or PayPal Funding Source.

By clicking the box labeled “I agree” to the terms of the PayPal payment option, you authorize a debit of the full amount of your purchase from your PayPal Account or PayPal Funding Source.

FOR INDIA RESIDENTS ONLY

You expressly agree that: (i) Raidlayer (or its service provider) may contact you by phone in order to resolve your complaint or dispute, or your current service or billing issue; and (ii) in order to resolve such complaint, dispute or issue, Raidlayer may use and may disclose to its service provider the following information: call recordings, customer name, phone number(s) and contact preferences, tenure of your relationship with Raidlayer, products used, and information about the nature of your complaint, dispute, or service issue.

Disclaimer

Raidlayer shall not be responsible for any damages your business may suffer. Raidlayer makes no warranties of any kind, expressed or implied for the Services. Raidlayer disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by Raidlayer or our employees.

Entire agreement

These terms and conditions, together with DOCUMENTS, constitute the entire agreement between you and Raidlayer Webhost (P) Limited in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Registrations and authorisations

Raidlayer Webhost (P) Limited’s professional title is Information Technology and it has been granted in the India.

Raidlayer Webhost (P) Limited’s details

Raidlayer Webhost (P) Limited is registered in Ahmedabad under registration number PIL/GTL/22/0000494 and CIN: U72200GJ2014PTC081509.

Raidlayer Webhost (P) Limited’s tax number is PE/C016231465

Raidlayer Webhost (P) Limited’s registered address is

317, B Wing, Gopal Palace, Opp. Ocean Park
Nehrunagar, Satellite
Ahmedabad-380015, Gujarat, India.

You can contact Raidlayer Webhost (P) Limited by email to legal@raidlayer.com.