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Dot Layer Terms of Service ("TOS")

Effective Date:

This Terms of Service was last updated on July 15, 2008.


Dot Layer ("The Company") agrees to furnish services to the subscriber of services ("Client"), subject to the following TOS ("Terms of Service").


Dot Layer reserves the right to change this TOS at any time. Such changes, modifications, additions or deletions shall be effective immediately upon posting on-line at this location. You acknowledge and agree that it is your responsibility to review this site and this TOS periodically and to be aware of any modifications. You may identify whether Dot Layer has revised this TOS by noting the "Effective Date" above. Your continued use of the services after such modifications will constitute your: (a) acknowledgment of the modified TOS; and (b) agreement to abide and be bound by the modified TOS. If you do not agree to these terms, please contact us to cancel your services.


Contact Information

You agree to provide Dot Layer with accurate and complete contact information. Contact information means any data relating to your identity, electronic mail, and street address, or telephone and fax number, or any other information that you provide to Dot Layer in order to receive or to continue receiving services. Further, you agree to provide Dot Layer with updated contact information within a reasonable period of time following the change in circumstance that creates the need for updated information.


Bandwidth

Client agrees that bandwidth usage shall not exceed the number of gigabytes per month for the services ordered by Client. Dot Layer shall have the right to take corrective action if Client's bandwidth usage exceeds the amount allocated by Client's service plan ("Allocation"). Such corrective action may include disconnection or discontinuance of any and all services, or termination of this agreement, which actions may be taken is in Dot Layer's sole and absolute discretion. Dot Layer believes in communicating with our clients and will try to work with our clients to resolve any overage issues before taking action which could cause a client's service to become unavailable.


Bandwidth usage is measured on a monthly basis coinciding with Client's sign up date. Both incoming and outgoing traffic are counted.


Unused bandwidth allocations cannot be carried over to future months.


IP Allocations

All IP addresses which are assigned to Client must be justified per ARIN Guidelines at http://www.arin.net/policy/nrpm.html. If it is determined that IP addresses which have been assigned to Client are not being used in accordance with these guidelines, they may be revoked.


SPAM and Unsolicited Commercial Email (UCE)

Dot Layer takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or spam over our network. Very simply this means that customers of Dot Layer may not use or permit others to use our network to transact in UCE. Clients of Dot Layer may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.


  • a. Violation of Dot Layer's email policy, as outlined in the Acceptable Use Policy ("AUP") will result in severe penalties. Upon notification of an alleged violation of our AUP, Dot Layer will initiate an immediate investigation (within 48 hours of notification). During the investigation, Dot Layer may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our AUP, Dot Layer may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Dot Layer reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Dot Layer will notify law enforcement officials if the violation is believed to be a criminal offense.

  • b. As our Clients are ultimately responsible for the actions of their clients over the Dot Layer network, it is advisable that Clients develop a similar, or stricter, policy for their clients.


Nightly Backups

Dot Layer performs nightly backups of accounts as a courtesy service only. Dot Layer is not responsible for the completeness, integrity, or freshness of your backup. Dot Layer recommends you have your own backup system in place. Account backups are intended for disaster recovery purposes only. Dot Layer reserves the right to charge fees for restores which are requested that are not for disaster recovery purposes.


Damages

Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of The Company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of The Company. Client further acknowledges that The Company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall The Company be liable for any special or consequential damages, loss or injury.


Dot Layer is not responsible for any damages your business may suffer. Dot Layer does not make implied or written warranties for any of our services. Dot Layer denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Dot Layer.


Non-Waiver

Client agrees that Dot Layer's failure at any time to enforce any of the provisions of this TOS or any right or remedy available hereunder, or at law or equity, or to exercise any option herein provided, shall in no way be construed to be a waiver of such provisions, rights, remedies, or options or in any way to affect the validity of this TOS. The exercise by Dot Layer of any rights, remedies, or options provided hereunder, or at law or equity, shall not preclude or prejudice Dot Layer from exercising thereafter the same or other rights, remedies, or options.


Force Majeure

You agree that Dot Layer is not responsible for any damages, delays, or other failures to fulfill its obligations hereunder as a result of war, fire, strike, riot or insurrection, natural disaster, delay of carriers, governmental order or regulation, complete or partial shutdown of plant, unavailability of materials or equipment from suppliers, failures or blackouts, labor disputes, and/or other occurrences beyond its control whether or not similar to those listed above.


Assignment

Neither this TOS nor any of the rights, interests or obligations hereunder may be assigned by the Client (whether by operation of law or otherwise) without the prior written consent of The Company. The Company may assign this TOS without the consent of Client. Subject to the foregoing, this TOS shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and permitted assigns.


Misc.

We reserve the right to refuse service to anyone at any time for any reason.


The Company is not responsible for data integrity on any equipment.


Anything not explicitly stated in this TOS is subject to interpretation at Dot Layer's sole and absolute discretion.


You, as Dot Layer's client, are solely responsible for the content stored on and served by your Dot Layer service.


Contact

Please direct all questions regarding this TOS to abuse@dotlayer.com