Terms of Service

Legal terms and conditions for Layer 777 LLC services.
Last updated: February 13, 2025

1. Introduction and Acceptance

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "User," or "you") and Layer 777 LLC, a Limited Liability Company organized under the laws of New York ("Layer 777," "Company," "we," "us," or "our").

By accessing our website, purchasing our services, or using any Layer 777 infrastructure services including but not limited to IP transit, DDoS protection, colocation, and dedicated servers, you acknowledge that you have read, understood, and agree to be bound by these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES.

2. Company Information

Layer 777 LLC
418 Broadway, Suite R
Albany, New York 12207
United States

Support: [email protected]

3. Services

Layer 777 provides enterprise infrastructure services including:

  • IP Transit and BGP Services
  • DDoS Protection and Mitigation
  • Colocation Services
  • Dedicated Server Hosting
  • Network Connectivity Solutions
  • Technical Support Services

Specific service features, specifications, and availability are detailed in individual Service Level Agreements (SLAs) and service descriptions provided at the time of purchase.

4. Account Registration and Eligibility

4.1 Eligibility: You must be at least 18 years old and have the legal capacity to enter into contracts. Business accounts must be registered by authorized representatives.

4.2 Account Information: You must provide accurate, current, and complete information during registration and maintain the accuracy of this information.

4.3 Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

4.4 Business Verification: We may require additional documentation to verify business accounts and comply with regulatory requirements.

5. Acceptable Use Policy

5.1 Prohibited Activities: You may not use our services for:

  • Illegal activities or violation of any applicable laws or regulations
  • Transmitting malware, viruses, or harmful code
  • Launching cyber attacks, including DDoS attacks against third parties
  • Sending unsolicited bulk email (spam) or other unsolicited communications
  • Hosting or distributing copyrighted material without authorization
  • Hosting adult content, gambling, or other restricted content without prior approval
  • Mining cryptocurrency without explicit written permission
  • Network scanning, penetration testing of third-party systems
  • Operating open mail relays or DNS resolvers
  • Any activity that degrades network performance or availability

5.2 Resource Usage: Customer must use services within reasonable limits. Excessive resource usage may result in service limitations or additional charges.

5.3 Compliance: Customer is responsible for ensuring all content and activities comply with applicable laws and regulations.

6. Payment Terms

6.1 Fees: All fees are as specified in your service agreement and are due in advance unless otherwise stated.

6.2 Payment Methods: We accept wire transfers, ACH payments, approved credit cards, and cryptocurrency payments. Payment processing fees may apply.

6.3 Late Payments: Accounts past due may be suspended. A late fee of 1.5% per month (18% annually) may be applied to overdue balances.

6.4 Taxes: Customer is responsible for all applicable taxes, duties, and fees related to the services.

6.5 Refunds: Setup fees and monthly recurring charges are generally non-refundable. Refunds may be considered on a case-by-case basis.

7. Service Level Agreement

7.1 Uptime Guarantee: We provide a 99.9% network uptime SLA for our infrastructure services, excluding scheduled maintenance.

7.2 Scheduled Maintenance: We reserve the right to perform scheduled maintenance with at least 24 hours advance notice.

7.3 Support: Technical support is available 24/7 for critical issues. Response times vary based on service level.

7.4 SLA Credits: Service credits may be available for qualifying downtime as detailed in specific SLA documents.

8. Data and Privacy

8.1 Customer Data: Customer retains ownership of all data stored on our systems. We do not claim ownership of customer content.

8.2 Data Security: We implement industry-standard security measures but cannot guarantee absolute security.

8.3 Backups: Customer is responsible for maintaining backups of their data. Layer 777 backups are for operational purposes only.

8.4 Privacy: Our collection and use of personal information is governed by our Privacy Policy.

8.5 Legal Compliance: We may access or disclose customer information when required by law or legal process.

9. Termination

9.1 Termination by Customer: Customer may terminate services with 30 days written notice. Early termination fees may apply.

9.2 Termination by Layer 777: We may terminate services immediately for breach of terms, non-payment, or illegal activity.

9.3 Data Retrieval: Customer has 30 days after termination to retrieve data, after which it may be permanently deleted.

9.4 Survival: Payment obligations, limitation of liability, and indemnification provisions survive termination.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

10.1 Layer 777's total liability for any claims arising from or related to the services shall not exceed the amount paid by customer for services in the 12 months preceding the claim.

10.2 We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.

10.3 Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.

11. Indemnification

Customer agrees to indemnify, defend, and hold harmless Layer 777, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from: (a) customer's use of the services; (b) customer's violation of these Terms; (c) customer's violation of any third-party rights; or (d) any content or data stored or transmitted through customer's account.

12. Intellectual Property

12.1 Layer 777 Property: The Layer 777 website, services, and all related intellectual property are owned by Layer 777 and protected by applicable laws.

12.2 Customer Content: Customer retains ownership of content and data provided to Layer 777.

12.3 License: Customer grants Layer 777 a limited license to use customer content solely to provide the services.

13. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

Layer 777 disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the services will be uninterrupted, secure, or error-free.

14. Force Majeure

Layer 777 shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government actions, internet outages, or other force majeure events.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles.

Any disputes arising from these Terms shall be resolved exclusively in the state or federal courts located in Albany County, New York. Customer consents to the personal jurisdiction of such courts.

16. Dispute Resolution

16.1 Informal Resolution: Before filing any legal action, parties agree to attempt to resolve disputes through good faith negotiations for at least 30 days.

16.2 Arbitration: For disputes involving amounts less than $10,000, either party may elect binding arbitration under the rules of the American Arbitration Association.

16.3 Class Action Waiver: Customer waives the right to participate in class action lawsuits against Layer 777.

17. Modifications to Terms

Layer 777 reserves the right to modify these Terms at any time. Material changes will be communicated via email or service notifications at least 30 days before taking effect.

Continued use of services after changes take effect constitutes acceptance of the modified Terms. If you do not agree to changes, you must discontinue use of the services.

18. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect. The unenforceable provision shall be replaced with an enforceable provision that most closely reflects the original intent.

19. Entire Agreement

These Terms, together with any Service Level Agreements, Privacy Policy, and other referenced policies, constitute the entire agreement between Customer and Layer 777 regarding the services and supersede all prior agreements and understandings.

20. Contact Information

For questions about these Terms of Service, please contact us:

Layer 777 LLC
Legal Department
418 Broadway, Suite R
Albany, New York 12207
United States

Support: [email protected]
Phone: +1 (555) LAYER-777

Effective Date: February 13, 2025
Last Updated: February 13, 2025