Introduction
These terms and conditions are applicable to all services provided by www.servermo.com and its affiliated companies. Layer Host, also referred to as "ServerMO" or the "Company," is a legally registered private corporation recognized by the California Secretary of State. These terms govern all clients (referred to as "Subscribers") associated with this company, regardless of whether they are paid subscribers or recipients of services from ServerMO or its affiliated entities. By using our services, you agree to the following terms:
1. Age Restrictions for Clients
1.1 Age Requirement: Any client placing orders through our online system at ServerMO must confirm and guarantee that they are at least 13 years old and possess the legal capacity to enter into this agreement.
1.2 Age Restrictions. If the client is below 13 years of age, they are required to promptly inform us and terminate their services, and they will be prohibited from using any other services provided by this company.
1.3 Clients Under 18: Clients under the age of 18 must obtain consent from their parents or legal guardians to access this site and engage in any of our services. Additionally, clients in this age group must agree to bypass any security or access features that may be in place on our order form. Concerning difficulties relating to a client's age, we disclaim all responsibilities.
2. Access, Limitations, Restrictions
2.1 Access Requirements: Before gaining access to ServerMO's control panels, you will be required to provide additional personal information, which we safeguard and keep confidential in our records. The customer must make sure the information is complete, accurate, and truthful. We have the right to refuse your access to our services if we find any errors or omissions in the data you've provided. We also retain the authority to terminate or suspend your access at any time without a refund.
2.2 Limited Usage License: In consideration of your use of our services, and subject to these Terms and Conditions, we grant you a limited, non-exclusive, non-transferable personal license to access and utilize our services. Viewers, fans, visitors, subscribers, and potential subscribers may only use these services for personal, non-commercial purposes. Users of our services are granted a single copy license to utilize our services and the accompanying software (on a single computer only). Our services are exclusively for private, non-commercial purposes, and all other uses are strictly prohibited. We reserve the right to impose bandwidth limits. You are obligated to prevent any unauthorized intrusion or misuse of our services. Unauthorized utilization of our services or any of the materials contained within it will result in the immediate termination of this limited license. You affirm and guarantee that you will not allow individuals under the age of 13 to access our services without the consent of a parent or legal guardian. We maintain the right to terminate this license at any time if you breach or violate any provision of this agreement, and you must promptly delete any information or materials you have downlLimits on bandwidth are something we can enforce. You have a responsibility to stop any unauthorized access or improper use of our services.oaded, printed, or copied from our servers. Violators of this limited license may be subject to legal prosecution to the fullest extent permitted by applicable law.
3. Billing, Payments, Refunds, Fees, and subscriptions
3.1 Billing Process: ServerMO will initiate the setup of your chosen services only upon receiving full payment through our secure online ordering system. You will also receive an invoice generated at least 20 days before the due date. It is your responsibility to ensure prompt payment and manage any associated fees during your tenure with us. Our order forms are fully secured, guaranteeing your payment's security.
3.2 Payment Options: Should your account have an outstanding balance for over 5 days, ServerMO reserves the right to suspend or terminate your services until the complete payment is made. You will be duly notified when this occurs. To make it easier for you to pay for your services, ServerMO provides a number of payment choices, including PayPal, Credit Card, BitCoin, Wire Transfers, and Cash/Money Order.
3.3 Refund Policy: Please note that ServerMO does NOT issue refunds to our clients, except in cases covered by our money-back guarantee, which is detailed in Section 11, or in the event of a billing discrepancy.
3.4 Automated Subscriptions: When you select the "PAYPAL" or "CREDIT CARD" payment options, you are responsible for the automated subscription that activates upon your service purchase. This means that once your order is finalized, an automated subscription will be triggered, and funds will be automatically deducted from your designated funding source on each due date. We DO NOT PROVIDE REFUNDS for automated subscriptions, unless the circumstances are covered by Section 11 of our terms of service. To cancel your automated subscription, you can either contact our support team through www.ServerMO.com/billing or manage the cancellation from your end. We are not liable for any fees or payment misuse through PayPal. It's essential to reiterate that once a subscription payment is processed, we will not refund the payment amount, unless Section 11 applies. If you encounter service issues, you have the option to request service cancellation without the need for explanations; please refer to Section 11 for further details.
3.5 Fees: Servermo may levy fees on your account in the event of service problems or issues. If these issues arise due to ServerMO's own shortcomings, no charges will be applied to your account.
3.6 Set-Up Fees: For dedicated server rentals, all set-up fees are waived. Set-up fees will only be imposed if necessitated by a third-party provider or on an as-needed basis.
4. Services Offered
4.1 Dedicated Servers: ServerMO provides dedicated server solutions with a range of specifications, from basic to advanced. These specifications include variations in processing power, RAM, and hard drive space.
4.2 Colocation Services: ServerMO offers comprehensive colocation services that encompass power supply, cabinet space, uplink connections, IP allocations, and bandwidth. We also provide IP Transit Services.
4.3 DDoS Mitigation Services: ServerMO delivers DDoS Mitigation Services, also known as "Ultimate DDoS Mitigation," which specifically targets Level 3 ingress traffic. This service offers robust protection against Layer 1 to 6 DDoS attacks targeting client server hosts. All mitigation measures are implemented upstream from our Level 3 circuits.
4.4 IP Transit Services: ServerMO provides diverse IP transit connectivity options, including Level 3, Cogent, PCCW, NTT, China Telecom, and China Unicom. The availability of carriers may vary over time. These services are offered to subscribers with colocation services or third-party colocation providers. Please note that subscribers are responsible for all cross-connect fees associated with ServerMO's IP Transit services.
4.5 VPS Servers: ServerMO offers cloud and VPS services with a user-friendly interface.
4.6 Web Hosting: ServerMO provides web hosting services utilizing company server infrastructure, managed through WHM and cPanel.
5. Copyright Information/Rights
5.1Copyright and Intellectual Property: The materials accessible through our servers and on any other website owned, operated, licensed, or controlled by us constitute our proprietary information and valuable intellectual property. We do not tolerate copyright infringement. Our content and software are registered with the U.S. Copyright Office. These materials may not be copied, distributed, republished, modified, uploaded, posted, or transmitted in any manner without our prior written consent. You are granted permission to print a copy of these materials exclusively for your personal use. However, you may not remove or alter, or cause the removal or alteration of any copyright, trademark, trade name, service mark, or other proprietary notice or legend present on any of the materials. Any modification or use of the content, except as expressly provided in these Terms and Conditions, constitutes a violation of our intellectual property rights. You do not acquire any ownership or intellectual property rights through the use of our services. All materials, such as text, graphics, photographs, videos, audio clips, music, soundtracks, button icons, streaming data, animations, images, downloadable materials, data compilations, and software, are the property of ServerMO or its content suppliers. United States and international copyright laws protect them. The compilation of these materials is the exclusive property of ServerMO or its content suppliers, and is protected by United States and international copyright laws, as well as other applicable laws and regulations.
6. Unacceptable Content or Links:
Examples of content or links that are considered unacceptable include:
Pirated software
Hacker programs or archives
Warez websites
NOTICE: If your account is found to contain any illegal activity, such as illegal MP3 files, pirated software, hacker programs, warez programs, or any other illegal files, your account will be immediately terminated without prior notice. Furthermore, ServerMO will report your actions to the appropriate authorities.
7. Unpaid Invoices
7.1 Customer Hardware Collateral: Please be aware that ServerMO reserves the right to assume ownership of colocated equipment if the account remains more than 30 days overdue on payments.
7.2 Service Suspension: WIn addition to our other rights and remedies outlined in this Agreement, if any outstanding payment is not made by the due date, we have the right to promptly suspend the provision of services to you.
7.3 Service Indemnification: You are in charge of defending us against claims made by third parties resulting from the services we provide to you and your use of those services, as well as any violations of these business terms.
7.4 Termination due to Breach: If you fail to make timely payments as they become due, we may suspend the services and/or terminate this Agreement without prior notice.We may immediately terminate this Agreement if you violate any of these terms and conditions and fail to correct the violation after receiving written notice from us identifying the violation for seven (7) days..
7.5 Liquidation: If you are a company and enter into insolvent liquidation, appoint an administrator or administrative receiver, or reach a voluntary arrangement with your creditors, we are entitled to terminate this Agreement immediately. Upon termination or suspension of the services, we may immediately block your website and remove all data stored on it. We have the option to delete such data, or at our discretion, retain it for a period we decide upon to allow you to retrieve it at your expense, subject to the full payment of any outstanding amounts owed to us.
8. Service Upgrades
8.1 Upgrades: Please note that any upgrades you request will not become effective during your ongoing billing cycle. These upgrades will come into effect at the start of your next billing cycle. In the event that you require an immediate upgrade, you must pay the full upgrade cost. It's crucial to note that this payment will not prolong your current billing cycle, though.
9. Setup Procedures
9.1 Setup Time: All setups are expected to be completed within 24 hours from the date of purchase. However, the setup duration may vary for specific services, such as dedicated servers, and you will be informed about the setup timeline in the order form's description.
10. Cancellations and Terminations
10.1 Cancellation Procedure: Our cancellation policy necessitates that you visit https://www.servermo.com/billing/clientarea.php and submit a cancellation support ticket. You must provide this cancellation support ticket at least 24 hours before the upcoming due date. Please be aware that cancellations made through mIRC are not considered valid and will not be accepted as a proper cancellation request. When you request a cancellation, your automated subscription will be canceled from our end. By requesting cancellation, you acknowledge your personal liability for any charges incurred by you until your membership or service termination. If you decide to cancel your account, no refunds, including membership fees, will be issued, and no online time or other credits will be allocated or convertible into cash or other forms of reimbursement. Unless otherwise specified, the provisions of this Agreement will remain in effect until termination.
Upon processing your membership cancellation request, you will lose access to the non-public areas of our services.
11. Satisfaction Guarantee
11.1 Money-Back Guarantee: We are committed to ensuring your satisfaction with our services. We guarantee a 99% uptime or your money back. The cost of the service will be fully refunded if, at any time within the duration of our 3- or 30-day money-back guarantee, you are unhappy with our services. Please note that setup fees and any other associated fees will not be refunded under any circumstances.
Our 3-day money-back guarantee covers the following services: Bare Metal Servers, VPS Servers, Colocation, IP Transit, and DDoS Mitigation Services. Web hosting and web hosting reseller services are covered by a 30-day money-back guarantee. This guarantee is applicable if you are unsatisfied with the services, which means experiencing late setup times exceeding our 24-hour setup timeframe or facing connectivity issues that our technicians at ServerMO cannot resolve. In order to start the money-back guarantee, we need some kind of proof that you're unhappy with our services.
11.2 Supplement to Money-Back Guarantee: Our policies are subject to change at any time. It is the responsibility of our clients to regularly check this page to stay informed and updated on our Terms of Service (TOS) agreement. Failure to adhere to our TOS may result in the termination of our agreement with ServerMO. No other contract will supersede any part of our TOS agreement. We always have the right to bar anyone from receiving service. By agreeing to this TOS, you also accept any changes without prior notice.
12. Amendments
12.1 Amendments: ServerMO reserves the right to make amendments to these Terms and Policies at any time. Changes will be implemented by posting the updated Terms and Policies in the terms of use section of the Service. Your continued use of the Service will be considered as your consent to these modified Terms and Policies. If you no longer wish to use the Service due to such amendments, you may notify ServerMO of your intent to terminate your use of the Service.