Terms of Service

Terms of Service

The use of services from EndLayer.com constitutes agreement to the terms below as well as all terms located at the following link: /policies

Account Setup and Email Policy

We will set up your personal EndLayer account after we have received payment and your order has been screened in case of fraud.

You must ensure that your contact email is current, and that your domain name is correct and up-to-date. EndLayer is not responsible for any registration or login issues due to outdated email addresses or lapsed domains.

If you provide false contact information of any kind, your EndLayer account may be terminated. In high-risk transactions or dedicated server purchases, we require government-issued identification and sometimes a credit card scan. If you refuse to meet these requirements, we may cancel your order and declare it fraudulent.

If you need to change or verify your contact or domain information, contact us here.

Account Ownership

The authorized owner of your EndLayer account is the credit card holder or owner of the PayPal email address used for account payment.

Site Transfers

EndLayer offers free transfer services for incoming sites; for 30 days after your sign-up date, we will migrate your existing site to our servers at no extra cost. Transfers outside the 30-day period incur an extra fee.

EndLayer provides transfers as a courtesy service, and cannot guarantee the length of time necessary for a site transfer. Each hosting company saves data in a different way, and sometimes incompatible formats may make it difficult for us to transfer your account data to our servers. Our transfer team will make every effort to ensure your site content migrates successfully from your previous host.

Dedicated IP Address Justification

All dedicated IP address orders, in addition to addresses provided through a hosting package, may be subject to justification in accordance with the policies of American Registry for Internet Numbers (ARIN). Justification practices may change from time to time to conform with ARIN.

Third Party Provider Policies

Enter transactions with third-party providers on your own responsibility and at your own risk. EndLayer does not assume responsibility for contracts between our clients and third-party vendors in any way, for any transaction. We do not serve as the trustee, fiduciary, agent or representative in any of these agreements.

Some of EndLayer’s products are offered under license through outside vendors and these products are covered under any applicable license agreement with the third party.

Third-party offers that include discounts or promotions may be subject to additional restrictions by the third-party provider. All agreements and transactions with third-party providers are binding under the provider’s terms and conditions. Be sure to confirm the purchase and use of goods and services with each third-party provider.

EndLayer does not guarantee the quality or availability of any goods, services or information provided through a third party. Enter into all transactions with these providers at your own risk.

Content

EndLayer’s services may be used only for lawful purposes. The use of EndLayer services constitutes your agreement with our Acceptable Use Policy. The laws of the State of Florida, the State of Massachusetts and the United States of America apply.

If you have questions about the acceptability of content on an EndLayer site, contact us here.

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We are not responsible for the security of scripts, programs and directories installed under your account. We recommend that you set all permissions on directories to 755, or the most restrictive possible level. However, you as the user are responsible for all account actions, including the compromise of credentials like user names and passwords.

We provide an auditing service to ensure that you do not use an insecure password. If an audit check finds your password to be weak, we will notify you and allow you to change and update your information.

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WCAG Compliance; Limitation of Liability.

EndLayer strives to ensure that its services are accessible to people with disabilities. EndLayer has invested a significant amount of resources to help ensure that its website is made easier to use and more accessible for people with disabilities, with the strong belief that every person has the right to live with dignity, equality, comfort and independence. For full details on EndLayer's Accessibility Policies, see our: Accessibility Statement

EndLayer does not guarantee WCAG compliance! EndLayer offers to install and configure the UserWay widget provided free of charge from UserWay.org to all EndLayer clients. The UserWay widget interacts with each website, browser and operating system differently and therefore EndLayer provides no warranty or assurances that the Software will perform as expected on your website. If you or your users experience any unexpected technical issues, bugs or malfunctions, it is your responsibility to report such issues to support@EndLayer.com including relevant screenshots, browser versions, OS version and device type. If the UserWay Software changes the intended behavior of your website in any way or does not provide accessibility improvements as expected, you may remove any UserWay code from your servers and discontinue using the Software.

EndLayer does not guarantee WCAG compliance! It is your sole responsibility to ensure your website is accessible and tested for compliance with WCAG 2.0 or other accessibility regulations as required by law. Moreover, you hereby agree that if you opt to use the UserWay widget on your website that you will test the UserWay.org widget and all of its accessibility features on your website locally prior to rolling it out publicly to ensure proper functionality. By choosing to use the UserWay widget you hereby claim that all of the pages and content on your site have been tested with common browsers and operating systems and with each of the UserWay widget's accessibility features (contrast changes, text size changes, keyboard navigation, cursor size, link highlighting, font changes, desaturation, etc.) and that all available functionality works properly and as intended. In no event shall EndLayer be liable to you or to any third party claiming through you or on your behalf. As such, neither EndLayer, its directors, officers, employees or agents, nor any EndLayer partner, affiliate or solution provider shall in any way be liable to you or your users and you hereby waive any direct or indirect, economic, financial, special, commercial, incidental, exemplary or consequential damages, including without limitation lost profits, citations, loss of business revenue or earnings, lost data, damages caused by bugs, glitches, malfunctions or a failure to realize intended functionality, design or content, arising from or in connection with the use or performance of the Software, even if EndLayer or a EndLayer affiliate are aware of the possibility of such damages. You agree to indemnify and hold EndLayer harmless from all claims, judgments, liabilities, expenses, or costs arising from any breach of this agreement and/or acts or omissions.

HIPAA Disclaimer

EndLayer is not HIPAA compliant. We do not guarantee that our sites are appropriate for storage of sensitive personal or medical data. Site users are responsible for compliance with all laws regarding the storage, transmission and replication of information contained in their sites. EndLayer does not control or monitor the content of sites hosted on the EndLayer network. We specifically decline responsibility for the privacy of this content, and we are not compliant with the federal Health Insurance Portability and Accountability Act (“HIPAA”).

If a site hosted by EndLayer stores and permits access to “protected health information,” as defined under HIPAA, the site violates EndLayer’s Terms of Service and is subject to immediate account termination. EndLayer does not provide any type of agent, subcontractor, or “business associate” agreement pursuant to HIPAA. If you have any questions, contact us here.

Zero Tolerance Spam Policy

EndLayer does NOT tolerate unsolicited, bulk or spam emails, including purchased lists, selling of lists, borrowed lists, or “safe” lists. Any EndLayer users who send out spam from an EndLayer hosted site are subject to account termination.

We will suspend and/or terminate any account that causes our IP address to be blacklisted. Spam actions that are prohibited include advertising via spam (spamvertising), and spamming via phone, fax, post, email, instant messaging, or online message boards. We will not host any site or organization listed on the ROKSO.

We reserve the right to require changes, disable or terminate any site or account that does not comply with our spam policies. We also reserve the right to charge any account holder for cleanup fees or blacklist removal charges, as determined by EndLayer.

Payment Information

Usage of EndLayer services constitutes agreement to pay in advance for services provided. Each payment applies to the oldest invoice(s) in your billing account, and is subject to all applicable rules and regulations. Unless and until you terminate your account, you will receive a recurring bill for all EndLayer services you are currently using.

EndLayer reserves the right to bill any credit card you have filed with us. We offer a 10 day grace period for outstanding invoices; if an invoice has not been paid for more that 10 days, the account is subject to additional late fees and/or suspension. Account access will not be restored until the site user has paid all outstanding balance, including late fees.

In order to reduce fraudulent requests and ensure better understanding of the process, cancellation requests are processed in writing (typically email). Once we have received and processed your cancellation, we will inform you in writing that your EndLayer account has been successfully canceled. Your files, account and EndLayer address will be terminated immediately after your cancellation has been processed.

After paying for a domain, the EndLayer user is responsible for notifying our billing department via support ticket. We offer domain renewal notices and invoices as a courtesy, and we are not responsible if a customer fails to renew their domain.

Domains are renewed and billed 30 days before the expiration date. If you decide to cancel your domain, you are responsible for notifying the EndLayer team. We do not offer refunds once a domain has been renewed, and all renewals and registrations are final.

We reserve the right to change the monthly payment amount, and all other charges, at any time.

Backups and Data Loss

EndLayer will automatically backup your website at least 4 times daily to a secure, off-site location. Most hosts only backup the base server, we backup everything. We also don’t charge you to restore your backup files!

Refunds and Cancellations

EndLayer reserves the right to restrict, suspend or cancel accounts for any user, at any time. EndLayer offers a thirty (30) day money back guarantee on all shared hosting services. All other services, including, but not limited to: setup fees, secure socket layer (SSL) certificates, dedicated servers, clustered services and domain registration services are non-refundable at any time. In order to request a refund, Customer must submit a termination notice as described in this TOS above within thirty (30) days of your first invoice date AND Customer must open a ticket with the billing department requesting a refund.

EndLayer does not provide prorated discounts for unused services after the 30 day cancellation period.

Any notice of termination will be effective on the following billing due date for the Service being terminated or thirty (30) days after the cancellation notice is submitted, whichever is longer.

These methods of payment are NON-refundable:

• Money orders
• Bank wire transfers
• Western Union payments
• Checks

Refunds for these payment methods will be given in the form of credit for future EndLayer services.

EndLayer does not offer refunds on administrative fees, dedicated servers, or custom software install fees. Domain names will only be refunded if they were purchased as part of a hosting package, and their refund eligibility will be determined on cancellation. The common market value will be subtracted on the TLD’s for any refund requests on .org, .net and .com domain names. ccTLD domain names are not refundable.

Refunds are available on first-time accounts only. If you have, or have had a previous EndLayer account, you are not eligible for a refund.

Users who violate the Terms of Service are not eligible for refunds.

Service Level Credits

SLA Credits (as defined in the SLA) will be issued to your Customer account and shall be used to offset future billable services. SLA credits shall not be issued as cash back to the Customer nor shall the service credits be transferable to other account holders. SLA credits shall expire if Customer’s account is fully terminated.

Bandwidth Usage

Your monthly bandwidth allowance depends on your hosting package. We reserve the right to suspend the accounts of users who exceed the allocated bandwidth. We may suspend your account until the start of the next bandwidth cycle, or until you have purchased more bandwidth or upgraded to a higher-level package. We may also terminate your account and/or charge you overage fees, as we see fit. Unused bandwidth for one month is not transferable to the next month.

Money Back Guarantee

EndLayer offers a 100% money-back guarantee within the first 30 days of transfer, if your site is not measurably faster than when it was hosted on your previous server.

EndLayer will not activate new packages or process new orders for any previous customers who still have an outstanding balance.

Reseller: Client Responsibility

Users who open an EndLayer account for reselling purposes must provide support for their own clients, and are responsible for all content stored or transmitted on reseller sites, as well as the actions of their own clients. We reserve the right to suspend any reseller account, if the reseller’s client contacts us and expresses dissatisfaction. We hold all resellers responsible for client actions that violate the Terms of Service or the law.

Shared (Non-Reseller) Servers

Shared server accounts may not be resold. In order to resell web hosting, you must open a dedicated reseller account.

Dedicated Servers

Dedicated server users are responsible for maintaining a current passwords and valid email address in order to minimize downtime. Otherwise, to perform required security audits, EndLayer may be required to reset passwords on dedicated servers. EndLayer reserves the right to audit all servers and take necessary administrative action.

Price Change

Starting from the date of purchase, EndLayer will never increase your stated hosting price. However, we reserve the right to edit our price listings on EndLayer.com and to increase the resources allocated to any plan, at any time.

Coupons

Our discounts and coupon codes are reserved exclusively for first-time accounts and customers, and may not be used to purchase a domain registration. EndLayer users who have signed up with one domain name are not permitted to sign up for that domain again, at a later date, using a coupon. Coupon discounts apply only to the initial purchase price and not to subsequent renewals.

Any account that violates these conditions will be reviewed by the EndLayer team and, if necessary, invoiced appropriately. We will not tolerate coupon abuse, and may suspend or disable accounts that misuse coupons.

Indemnification

The customer agrees to hold EndLayer harmless from any liabilities, losses, claims or costs that may arise from the customer’s use of EndLayer’s services and products. EndLayer is not liable for 1) attorney’s fees arising from use of EndLayer products or services; 2) any injury of any kind caused by any EndLayer product or service; 3) any consequences of copyright infringement or alleged infringement on the customer’s part; 4) any costs or liabilities arising from defective products sold on an EndLayer-hosted site.

Arbitration

All EndLayer users agree to submit to binding arbitration in the case of disputes or claims. Disputes will be handled by an arbitrator of EndLayer’s choice, who will be retired judges or attorneys selected according to applicable rules. The Federal Arbitration Act governs all arbitration procedures, and all arbitrators’ decisions will be considered final and binding on all parties. Costs of arbitration devolve on the EndLayer user.

Disclaimer

EndLayer is not responsible for any damages to your business. We provide no warranties, either implied or explicit, for any of our products or services, and specifically disclaim any fitness of our services for any particular purpose. We are not liable for any loss of data, service interruptions, wrong deliveries or other cessations or interruptions of service.

Disclosure to law enforcement

EndLayer will cooperate fully with law enforcement agencies and disclose any information or data they lawfully request, without prior notice or consent.

Changes to the Terms of Service

EndLayer reserves the right to change these, and any other, policies at any time without prior notice.