Terms of Service


You agree that our continued provision of services to you, and your continued use of them, represent your agreement to be bound by the ToS.

Our Terms of Services (ToS) are designed to be read and understood by the average person. Before using our service, please read them carefully and make sure you understand everything they say. Our Terms of Service are a legally binding contract between LayerWeb and you.

Referred hereinafter as 'LayerWeb', 'layerweb', 'layerweb.com.tr', 'our', 'we' and 'us'; is a content delivery network service provider. All customers using our service are subject to the terms and conditions described in this document as well as the Acceptable Use Policy described here. We reserve the right to make alterations to these documents whenever required. It is the client's sole responsibility to check for updates on a regular basis. In addition to what has already been mentioned above, we will inform all customers, by email, of any changes.


Privacy & Data Policy

LayerWeb is committed to complete transparency in how we handle your data. We have prepared a complete a detailed, but easy to understand privacy and data policy. By using our service, you agree that you have read and accepted the terms outlined in the policy.


Pricing

LayerWeb's service costs and pricing may be changed from time to time at LayerWeb's sole discretion. All the payments are paid in advance and not refundable. All the prices stated by us are subject to change and may be changed from time to time at LayerWeb's sole discretion.
In addition to all the values presented, the tax in force in Portugal is added.


Account Balance Expiration

In order to provide users with high-quality service, unused account balance will expire after 12 months. Expired payments are not refundable and will be removed from your account. The existing balance can be extended by making an additional payment before the expiration date, in which case both the old and new balance will be extended for another 12 months.


Acceptable Use

LayerWeb does not allow any of the following:

You may not rent, lease, loan, or sell access to, or otherwise attempt to transfer any right in the LayerWeb (which includes its software and documentation) to a third party, through framing or any other method.

You must not reverse engineer, reverse assemble, or otherwise attempt to discover any programming code used in or with the Services (where reverse engineering is permitted by applicable law obtaining such information as is necessary to achieve interoperability with our Services, you agree to first request such information from us).

You must not modify, create derivative works based on or in any manner commercially exploit the Services, in whole or in part.

You must not interfere with or disrupt the Services or any part thereof, or create an undue burden on the networks or services connected to the LayerWeb.

You must not introduce software or automated agents or scripts into the LayerWeb in order to produce multiple accounts, generate automated searches, requests or queries, or strip or mine content or data from the Services.

You must not perform any benchmark tests or analyses relating to the LayerWeb without the express permission of LayerWeb.

The network resources of the LayerWeb may not be used to impersonate another person or misrepresent authorization to act on behalf of others or LayerWeb. You shall not attempt to undermine the security or integrity of computing systems or networks of the LayerWeb, its partners, or any other person, and must not attempt to gain unauthorized access.

The Services may only be used for lawful purposes.

The final decision of whether an account is in violation of any of these policies is at the sole discretion of LayerWeb. You agree that violations by you or any person or entity acting under your account of the terms of this Agreement will, in addition to any other remedies including criminal prosecution, result in termination of your access to your website and removal (taking down) of all content.


Plan Specific Terms

Termination and Suspension.
LayerWeb reserves the right to suspend provision of Services to Client and/or terminate the Services without notice if: (i) Client fails to timely pay any undisputed amounts, if applicable; or (ii) Client breaches the terms of Acceptable Use.

Plan Limits.
If the plan's clean bandwidth is exceeded according to the 95th percentile, LayerWeb will provide Client with advance notice and Client can either upgrade the plan to accommodate for the usage for the remainder of the Term or pay overage fees at LayerWeb then-current overage rates.

DDoS Protection Limit.
If a DDoS attack exceeds the Client's purchased DDoS threshold, LayerWeb may suspend service and stop processing Client's traffic, until such time when Client upgrades to the applicable Service plan based on their actual DDoS attack size.


Account Termination

You agree that LayerWeb might, under certain circumstances and without prior notice terminate your account and restrict access to our service. Causes for this include but are not limited to: violations of the Terms of Service and Acceptable Use Policy, requests by law enforcement or other government agencies and/or having provided false information as part of your account. All terminations will be made in LayerWeb's sole discretion and we will not be liable for any disruption or damage to you or your service that such a termination might cause. Once your account has been terminated we reserve the right to delete all the data associated with it without the option to restore it.


Content Hosting

In order for us to distribute your content on our network, it is necessary for our servers to make and store copies of your files. By using our service you acknowledge that these copies are being made and give us permission to maintain them and distribute them to users on the internet. This does not give us any ownership of your content, you still retain all ownership and any intellectual property rights.


Service Level Agreement

LayerWeb will use all possible efforts to keep your service running 24 hours a day, 7 days a week as long as you abide by our Terms Of Service. We are aiming for at least a 99.99% monthly uptime for our content delivery service, however sometimes for a number of reasons, it may be unavailable to you. You recognize and acknowledge that the occasional unavailability of the services will occur. We make no warranty or assurance that the service will be running uninterrupted. We do not guarantee to provide support outside of normal business hours unless specifically stated by us.


Limitation of liability

To the extent allowed by applicable law in Portugal, in any event, shall LayerWeb, its affiliates, directors or employees be liable for any damages whatsoever, including without limitation, any loss of profits, loss of business, loss of use or data, interruption of business, or for direct, indirect, special, incidental or consequential damages of any kind.

To the extent allowed by applicable law, in no event shall LayerWeb or its affiliates, directors or employees be liable for the following:

- Errors, mistakes, or inaccuracies of content
- Any unauthorized access of our secure servers and/or any personal information stored therein
- Any interruption of the service
- Failure of the products to perform


DMCA

We respect artist and content owner rights and are not a platform for distributing copyrighted content. You must do the same. In accordance with the Digital Millennium Copyright Act (DMCA), we have adopted a policy to terminate the accounts of customers found to be repeatedly violation of copyright without the right to a refund.

For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner

- Identification of the copyrighted work that you claim has been infringed

- Identification of the material that is claimed to be infringing and where it is located on the Service

- Information reasonably sufficient to permit LayerWeb to contact you, such as your address, telephone number, and, email address

- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law

- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner


The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
Simya Yazilim Sanayi Ticaret Limited Sirketi
Address: FERHATPAŞA SB MAH. AÇELYA SK. 2 BLOK NO: 6 İÇ KAPI NO: 34 ÇATALCA/ İSTANBUL
Portugal
Email: [email protected]





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