Terms of Service

1. Definitions

For purposes of these Terms:

• Account means the customer account created to access or manage the Services.
• Customer, you, and your refer to the individual or legal entity using the Services.
• Services means products or services offered through 8thlayer.cloud, including web hosting, cloud application hosting, virtual server services, domain-related services, managed services, and other related offerings.
• Content means websites, files, databases, applications, software, email, media, account data, or other information stored, transmitted, or processed using the Services.

2. Eligibility

To use the Services, you must:

• Be at least eighteen (18) years old or have the legal authority to enter into this agreement.
• Provide accurate, complete, and current account information.
• Maintain a valid payment method when required.
• Keep your account credentials confidential and secure.

You are responsible for all activity conducted through your Account, whether authorized by you or performed by another person using your credentials.

3. Services

We provide cloud infrastructure, hosting, domain-related, and other technology services. Current service descriptions, specifications, prices, limitations, and included features are displayed on our website or within the applicable order form.

We may modify, replace, discontinue, or update a Service or feature when reasonably necessary. When a material change affects an active subscription, we will make reasonable efforts to provide advance notice when practical.

4. Orders and Provisioning

Services are generally provisioned after payment has been successfully processed and any required fraud, compliance, or identity verification has been completed.

We reserve the right to:

• Decline or cancel an order.
• Request additional account verification.
• Delay activation while fraud prevention or security reviews are completed.
• Refuse service when required by law or when providing service would present an unreasonable security, compliance, or operational risk.

5. Customer Responsibilities

You agree to:

• Use the Services only for lawful purposes.
• Maintain the security of your websites, applications, accounts, and credentials.
• Keep applications, plugins, themes, scripts, and other software updated.
• Maintain independent backups of your Content.
• Promptly respond to abuse, billing, compliance, or security notices.
• Comply with all applicable laws, regulations, and third-party agreements.

You are solely responsible for your Content and for the conduct of anyone who accesses the Services through your Account.

6. Acceptable Use

You may not use the Services to engage in, facilitate, or promote prohibited conduct, including:

• Illegal or fraudulent activity.
• Phishing, impersonation, or deceptive practices.
• Distribution of malware, ransomware, spyware, or other malicious software.
• Unauthorized access to systems, accounts, networks, or data.
• Denial-of-service attacks or activity intended to disrupt a network or service.
• Sending unsolicited commercial email or abusive bulk messaging.
• Hosting or distributing content that infringes intellectual property rights.
• Hosting or distributing child sexual abuse material.
• Hosting unlawful terrorist or extremist content.
• Operating software or services that materially interfere with platform security or stability.
• Violating applicable export control, sanctions, or trade laws.

We may suspend or terminate Services immediately when we reasonably believe an Account is being used in violation of these Terms or presents a threat to our systems, customers, providers, or the public.

7. Service Availability

We strive to provide reliable, secure, and professionally managed Services. However, uninterrupted or error-free operation cannot be guaranteed.

Service availability objectives, uptime commitments, maintenance exclusions, support targets, and any applicable service credits are governed by our separate Service Level Agreement where applicable.

8. Resource Usage

You may not use system resources in a manner that materially degrades the Services, disrupts other customers, or threatens the stability of our infrastructure.

We may enforce reasonable limitations involving processor usage, memory, storage, disk activity, databases, network traffic, email delivery, concurrent processes, or other system resources.

When practical, we will attempt to provide notice before taking corrective action. Immediate restrictions may be applied when necessary to protect the platform.

9. Backups

Unless expressly included in your selected plan, you are responsible for creating and maintaining independent backups of your Content.

Any backup created by us outside an expressly purchased backup service is provided as a courtesy and is not guaranteed to be complete, current, accessible, or recoverable.

You should maintain at least one current backup outside our infrastructure.

10. Billing and Payments

Charges are due on the date shown in your customer portal, invoice, order form, or service agreement.

Failure to pay may result in:

• Suspension of the affected Service.
• Termination of the affected Service.
• Removal of allocated infrastructure or resources.
• Permanent deletion of Content after applicable retention periods.

You remain responsible for valid charges incurred before cancellation, suspension, or termination.

11. Automatic Renewal

Recurring Services renew automatically unless they are cancelled before the next renewal date.

By purchasing a recurring Service, you authorize us or our payment processor to charge your selected payment method for recurring fees, taxes, and other applicable charges.

You are responsible for cancelling Services you no longer wish to renew.

12. Refunds

Refund eligibility is governed by our separate Refund and Cancellation Policy.

Unless expressly stated otherwise:

• Domain registrations are non-refundable.
• Domain renewals are non-refundable.
• SSL certificates are non-refundable after issuance.
• Setup fees are non-refundable.
• Custom development, configuration, migration, or consulting services are non-refundable once work has begun.

13. Domains

When domain registration or management services are provided:

• You remain responsible for the accuracy of registrant and contact information.
• Applicable registrar, registry, and ICANN policies also apply.
• You are responsible for monitoring expiration and renewal notices.

We are not responsible for a domain lost, suspended, transferred, or deleted because of inaccurate information, an expired registration, a failed payment, a registry or registrar action, or your failure to respond to required notices.

14. Security

You are responsible for securing your websites, applications, user accounts, administrative panels, passwords, API keys, private keys, and other credentials.

If a Service becomes compromised or presents a threat to other customers or infrastructure, we may isolate, restrict, suspend, or disable the affected Service until the issue has been resolved.

15. Suspension and Termination

We may suspend, restrict, or terminate a Service for reasons including:

• Violation of these Terms or another policy.
• Non-payment or payment reversal.
• Fraudulent or deceptive activity.
• Abuse of our systems or support resources.
• Illegal activity.
• Security threats or compromised services.
• Failure to respond to an abuse notice.
• Conduct that places our infrastructure, staff, providers, or customers at unreasonable risk.

Suspension or termination does not eliminate your obligation to pay valid outstanding balances.

16. Intellectual Property

Our trademarks, service marks, logos, branding, website content, documentation, interfaces, and proprietary software remain the property of 8th Layer Solutions LLC or the applicable rights holder.

These Terms do not transfer ownership of our intellectual property to you.

17. Customer Content

You retain ownership of Content you upload, create, or store using the Services.

You grant us a limited right to access, host, copy, transmit, process, back up, or otherwise handle your Content only as reasonably necessary to operate, secure, maintain, support, or improve the Services, respond to your support requests, or comply with law.

We do not claim ownership of your Content.

18. Privacy

Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, disclose, retain, and safeguard personal information.

19. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

TO THE MAXIMUM EXTENT PERMITTED BY LAW, 8TH LAYER SOLUTIONS LLC DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR SUITABLE FOR EVERY CUSTOMER'S PARTICULAR REQUIREMENTS.

20. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, 8TH LAYER SOLUTIONS LLC SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITIES, DATA, OR GOODWILL.

OUR TOTAL LIABILITY ARISING FROM OR RELATING TO THE AFFECTED SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THAT SERVICE DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not permit certain exclusions or limitations. In those jurisdictions, these limitations apply only to the maximum extent permitted by law.

21. Indemnification

You agree to defend, indemnify, and hold harmless 8th Layer Solutions LLC and its owners, officers, employees, contractors, and affiliates from claims, liabilities, damages, costs, losses, and reasonable expenses arising from:

• Your use of the Services.
• Your violation of these Terms.
• Your violation of applicable law.
• Your Content or business activities.
• Your infringement or violation of a third party's rights.

22. Changes to These Terms

We may revise these Terms from time to time. Updated Terms will be published on this page with a revised Effective Date.

Your continued use of the Services after revised Terms become effective constitutes your acceptance of those changes.

23. Governing Law

These Terms are governed by the laws of the State of Arkansas, without regard to conflict-of-law principles.

Any legal action arising from these Terms shall be brought in a court of competent jurisdiction located in Arkansas unless applicable law requires otherwise.

24. Severability

If any provision of these Terms is found invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in effect.

25. Entire Agreement

These Terms, together with our Privacy Policy, Acceptable Use Policy, Refund and Cancellation Policy, Service Level Agreement where applicable, service-specific terms, order forms, and other published policies constitute the complete agreement between you and 8th Layer Solutions LLC concerning the Services.

26. Contact Information