Introduction
These terms and conditions are applicable to all services provided by www.servermo.comand 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 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 "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. 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.phpand
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 99.99% uptime. Please note that setup fees and any other associated fees will not be refunded under any circumstances. Our services include Bare Metal Servers, VPS Servers, Colocation, IP Transit, and DDoS Mitigation Services. For any issues with our services, including late setup times or connectivity problems, please contact our technicians at ServerMO for assistance.
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.