Terms of Service.

Thinlayer provides World Wide Web page hosting web site design and development and related services. Thinlayer reserves the right to suspend or cancel a customer’s access to any or all services provided by Thinlayer when Thinlayer decides that the account has been inappropriately used or otherwise.

Server Use

Personal accounts are to be used by the primary owner only. Personal account holders are not permitted to resell, store or give away web-hosting services of their website to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner’s web site. Exceptions to this include ad banners, classified ads, and personal ads.

Thinlayer reserves the right to refuse service and /or access to its servers to anyone.

Thinlayer do not allow any of the following content to be stored on its servers: Illegal Material – This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation.

Adult Material – Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of Thinlayer.

Warez – Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide “links to” or “how to” information about such material.

Limited Use Policy

High bandwidth usage: Thinlayer offers an unlimited use policy by maintaining very large ratios of bandwidth per customer. In rare cases, Thinlayer may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, Thinlayer reserves the right to impose the High Resource User Policy for the consideration of all customers.

High Resource Use Policy

Resources are defined as bandwidth and/or processor utilization.

Thinlayer may implement the following policy to its sole discretion:

When a website is found to be monopolising the resources available Thinlayer reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby Thinlayer continues hosting the website for an additional fee.

Other Policy

All other services supplied by Thinlayer are supplied on a prepay basis unless by special arrangement with Thinlayer. Payment is due in full by the date indicated on the invoice and works/services may be withheld as a result of non-payment.

Communication accepting terms of an undertaking is considered a contract and agreement to pay costs for products and services discussed. The nature of this communication may take the form of a signed letter, fax or email.

Payment Policy

All accounts are set up on a prepay basis. Although Thinlayer reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the period of prepayment. Payment is due every 30 or 365 days, following the date the account was established. Customers will automatically be charged again at the end of their prepay period unless closure notification has already been given.

In situations where the card number on file is declined Thinlayer will immediately suspend the facility to purchase services on-line until the outstanding charge is processed successfully. In addition, Thinlayer reserves the right to suspend other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request.

A surcharge of 10% will be added to all accounts not settled within 14 days.

All payment is in UK sterling.

Payment Options

In order to streamline our accounting procedures and keep costs down Thinlayer runs a limited number of payment options.

Cheque Payment

Thinlayer cannot guarantee that a service will be provided until after any received cheques have been cleared.

Bank Transfer

This option is only available to customers who pay annually for their Thinlayer account. A credit/debit card number will still be required if customers require the facility to purchase domains and other services on-line. Thinlayer cannot guarantee that a service will be provided until after any received funds have been cleared.

PayPal

This method is only available to customers spending under £500. All funds to be paid to the account of sales@thinlayer.co.uk.

Cancellation and Refunds

Thinlayer reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes Thinlayer’s terms of service a refund will not be issued in the event of a cancellation.

Customers may cancel their account at any time. Any incentives offered to customers when opening the account will also be cancelled. Customers may be given the option to purchase services which were offered as start-up incentives in the result of a cancellation.

Fees charged on a prepay basis are non-refundable. Once the initial trial period has expired customers are not entitled to receive a refund unless the service is cancelled by Thinlayer. In addition some accounts incur set-up fees, these charges are also non-refundable.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Thinlayer harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Thinlayer, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Thinlayer against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Thinlayer’s server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Thinlayer’s server.

Disclaimer

Thinlayer will not be responsible for any damages your business may suffer. Thinlayer makes no warranties of any kind, expressed or implied for services we provide. Thinlayer does not back up your data/website unless it is placed on a load balanced server, and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Thinlayer cannot guarantee to be able to replace lost data. Thinlayer disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by Thinlayer and its employees. Thinlayer reserves the right to revise its policies at any time.


Last updated June 2011