Terms of Service – Shared Web Hosting

1. Services Provided

We provide shared web hosting infrastructure including, but not limited to:

• Server space for hosting websites, web applications, and related files
• Bandwidth allocation for website traffic in accordance with your chosen plan
• Email hosting with limits defined by your plan
• MySQL/MariaDB database hosting and management via Panel9
• Access to the Panel9 control panel for account and service management
• One-click application installer (Softaculous) for WordPress and other platforms
• Free SSL certificates via Let's Encrypt on all plans
• Daily automated backups with a 14-day retention window
• 24/7 UK-based technical support via ticket and email

Resources including CPU, RAM, and storage are shared across multiple customers on the same server infrastructure. The Services do not include root access, kernel-level customisation, or dedicated server resources unless explicitly specified in writing. We reserve the right to modify, update, or discontinue features of the Services with reasonable notice.

2. Eligibility

You must be at least 18 years of age to enter into this Agreement. By using the Services, you represent and warrant that:

• You are at least 18 years old or have the legal capacity to enter into binding contracts in your jurisdiction
• All information you provide during registration and throughout your use of the Services is accurate, current, and complete
• You are not located in a country subject to UK government sanctions or trade restrictions
• You are not using the Services on behalf of a sanctioned entity

We reserve the right to verify your identity and eligibility at any time and to suspend or terminate your account if we have reason to believe this information is inaccurate or misleading.

3. Account Ownership and Security

The person who registers the account ("Account Holder") is solely responsible for all activity that occurs under that account, regardless of whether the activity was authorised by the Account Holder. You agree to:

• Maintain the confidentiality of your login credentials and not share them with any third party
• Notify us immediately at [email protected] if you suspect any unauthorised access to or use of your account
• Ensure that you log out of your account at the end of each session, particularly when using shared devices
• Not transfer your account to another individual or entity without our prior written consent

We are not liable for any loss or damage arising from your failure to maintain the security of your account credentials. We will never ask for your password via email or telephone.

4. Acceptable Use Policy (AUP)

4.1 Prohibited Content and Activities

The following are strictly prohibited and will result in immediate suspension or termination of Services without refund:

• Hosting, distributing, or facilitating access to illegal content under UK law or the laws of any applicable jurisdiction
• Hosting child sexual abuse material (CSAM) or any content that sexually exploits minors — this will be reported to the National Crime Agency (NCA) and the Internet Watch Foundation (IWF) without prior notice
• Distributing malware, spyware, ransomware, trojans, keyloggers, or any malicious software
• Operating spam distribution systems, open mail relays, or unsolicited bulk email campaigns
• Running cryptocurrency mining operations (including any proof-of-work computation using shared resources)
• Hosting phishing websites, fraudulent pages, or content designed to impersonate other organisations
• Running bots, automated scripts, or resource-intensive processes that degrade shared server performance for other customers
• Facilitating or engaging in denial-of-service (DoS/DDoS) attacks against any target
• Hosting content that promotes terrorism, incites racial hatred, or constitutes harassment or cyberstalking under UK law
• Reselling access to our shared hosting infrastructure to third parties without our express written authorisation
• Hosting or operating Tor exit nodes, open proxies, or anonymous relay services on our shared infrastructure
• Storing or transmitting stolen personal data, credit card data, or any data obtained through unlawful means

4.2 Fair Usage Policy

Although plans include stated resource allocations, shared hosting operates on a fair-use basis. If your account consistently consumes a disproportionate share of CPU time, memory, database connections, or inodes in a manner that impacts the performance of other customers, we reserve the right to:

• Throttle your resource usage temporarily
• Contact you to discuss an upgrade to a more appropriate plan
• Suspend or restrict your account pending resolution

We will make reasonable efforts to contact you before taking action except where the impact on other customers requires immediate intervention.

4.3 DMCA and Copyright Infringement

We respond to valid copyright infringement notices submitted under the Digital Millennium Copyright Act (DMCA) and equivalent UK legislation. If you believe content hosted on our infrastructure infringes your copyright, please submit a notice to [email protected] including: (a) identification of the copyrighted work; (b) identification of the infringing material and its location; (c) your contact information; (d) a statement of good faith belief; and (e) a declaration that the information is accurate and that you are authorised to act on behalf of the copyright owner. Upon receipt of a valid notice, we will investigate and take appropriate action, which may include removal of the content and notification to the account holder.

5. Payment, Billing, and Refund Policy

5.1 Billing

All fees are invoiced in advance at the beginning of each billing cycle (monthly or annually, as selected at purchase). Prices are displayed exclusive of VAT; applicable UK VAT will be added at checkout where required. We use third-party payment processors to handle transactions; by providing payment details, you agree to their applicable terms.

5.2 Late Payment Fees

Any invoice not paid by its due date will be subject to a late payment fee of 15% of the total outstanding invoice amount, applied automatically on the 8th day following the due date. This fee is in addition to any suspension or service restriction that may be applied under Section 5.3. Late payment fees are non-waivable except at our sole discretion and in writing. We reserve the right to recover reasonable debt collection costs in addition to the late payment fee where an account remains unpaid after 30 days.

5.3 Failed Payments and Suspension

If a payment fails, we will notify you by email and attempt to re-process the payment. Accounts with overdue balances of more than 7 days may be suspended. Accounts suspended for non-payment for more than 30 days may be terminated and data permanently deleted. We are not liable for any data loss resulting from suspension or termination due to non-payment.

5.3 Price Changes

We reserve the right to change our pricing. We will provide at least 30 days' written notice of any price increase. Continued use of the Services after the effective date of a price change constitutes acceptance of the new pricing.

5.4 Refund Policy

We offer a 7-day money-back guarantee on new hosting accounts. Refunds are not available for: accounts suspended or terminated due to ToS violations; domain registrations; add-on services or upgrades purchased after the initial order; or accounts that have made excessive use of resources during the refund period. To request a refund, contact [email protected] within 7 days of your initial purchase date.

5.5 Auto-Renewal

Services renew automatically at the end of each billing cycle. You may disable auto-renewal at any time via your account portal. It is your responsibility to manage renewal settings; we are not obliged to offer refunds for unintended renewals where reasonable notice of the renewal was given.

6. Service Uptime and Scheduled Maintenance

We target 99.9% uptime for our shared hosting infrastructure, as detailed in our Shared Hosting Service Level Agreement (SLA). This target excludes:

• Scheduled maintenance windows, which will be communicated with at least 24 hours' notice where possible
• Emergency maintenance required to protect the security or stability of the platform
• Outages caused by factors outside our reasonable control, including upstream network provider failures, DDoS attacks on our infrastructure, natural disasters, or acts of government
• Service interruptions caused by the customer's own content, configuration, or scripts

Please refer to our Shared Hosting SLA for details of any service credits that may apply in the event of downtime below the guaranteed threshold.

7. Data Backup and Recovery

We perform daily automated backups of all shared hosting accounts, with a 14-day retention window, as a courtesy service. However:

• Backups are provided on a best-efforts basis and are not guaranteed to be complete, current, or error-free
• Restoration from our backups may be requested via a support ticket and is subject to availability; a restoration fee may apply
• You are solely responsible for maintaining your own independent backups of all data, files, databases, and email hosted on our servers
• We are not liable for any data loss, corruption, or unavailability, whether or not a backup exists

We strongly recommend using a third-party backup solution or exporting your data regularly via the Panel9 control panel.

8. Intellectual Property

8.1 Our Intellectual Property

All software, systems, interfaces, documentation, branding, and content forming part of the Services are owned by or licensed to Layer 9 Solutions Ltd. Nothing in this Agreement grants you any right, title, or interest in our intellectual property. You may not copy, reverse-engineer, decompile, or create derivative works based on our proprietary systems.

8.2 Your Content

You retain all ownership of the content, data, and files you upload or host through the Services ("Your Content"). By using our Services, you grant us a limited, non-exclusive licence to store, transmit, and process Your Content solely to the extent necessary to provide the Services. We do not claim ownership of Your Content and will not use it for any purpose other than service delivery.

8.3 Third-Party Software

The Services incorporate third-party software, including Enhance Control Panel (which we call Panel9), Softaculous, Let's Encrypt, and others. Your use of such software is subject to the respective third-party terms and licences. We are not responsible for the availability, functionality, or changes to third-party software components.

9. Privacy and Data Protection

We process your personal data in accordance with our Privacy Policy and Data Processing Agreement (DPA), both of which are incorporated by reference into this Agreement. By using the Services, you acknowledge that you have read and understood our Privacy Policy. Where you process personal data of your own customers or end users through the Services, you are the data controller and we act as a data processor on your behalf; the terms of our DPA govern that relationship. You are responsible for ensuring that your use of the Services complies with all applicable data protection laws, including the UK GDPR and the Data Protection Act 2018.

10. Reseller Restrictions

You may not resell, sublicense, or otherwise make the Services available to third parties as a hosted service without our prior written authorisation. Customers wishing to offer web hosting to their own clients must contact us to discuss our reseller programme. Unauthorised reselling is a material breach of this Agreement and will result in immediate termination without refund.

11. Termination of Services

11.1 Termination by You

You may cancel your account at any time via the client portal or by contacting [email protected]. Cancellation takes effect at the end of the current billing period unless you request immediate termination. No partial refunds are given for unused portions of a billing period except where the 7-day money-back guarantee applies.

11.2 Termination by Us

We may suspend or terminate your account with immediate effect and without refund if:

• You breach any provision of this Agreement, including the AUP
• We receive a valid legal order requiring us to do so
• Your account is used in connection with any illegal activity
• You fail to pay any outstanding amounts within 30 days of the due date
• We determine, in our sole discretion, that continued provision of the Services poses a risk to our infrastructure, other customers, or third parties

11.3 Data Following Termination

Upon termination of your account for any reason, your data will be retained for a period of 14 days after the termination date, during which you may request an export. After this period, all data associated with your account will be permanently deleted and cannot be recovered. We are not responsible for any data loss resulting from termination.

12. Limitation of Liability

To the fullest extent permitted by applicable law:

• We exclude all liability for indirect, consequential, incidental, special, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of business, or loss of goodwill
• Our total aggregate liability to you under or in connection with this Agreement shall not exceed the total fees paid by you to us in the 3 months immediately preceding the event giving rise to the claim
• We do not exclude liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded under English law

You acknowledge that the pricing of our Services reflects the allocation of risk set out in this clause and that we would not be able to offer the Services at current pricing levels without these limitations.

13. Indemnification

You agree to indemnify, defend, and hold harmless Layer 9 Solutions Ltd, its directors, employees, agents, and subcontractors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your Content, including any claim that Your Content infringes a third party's intellectual property rights
• Your breach of this Agreement or any applicable law or regulation
• Your misuse of the Services or use of the Services in a manner inconsistent with this Agreement
• Any claim brought by a third party arising from your use of the Services

14. Force Majeure

We shall not be liable for any failure or delay in performance of our obligations under this Agreement to the extent that such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, fire, flood, storm, earthquake, epidemic or pandemic, war, terrorism, riots, civil unrest, acts of government or regulatory authority, power failures, internet or telecommunications outages caused by third-party providers, or cyberattacks directed at our infrastructure. We will notify you as soon as reasonably practicable of any such event and will use reasonable endeavours to resume performance as soon as possible.

15. Changes to This Agreement

We reserve the right to update or modify this Agreement at any time. We will provide at least 14 days' notice of material changes via email to the address registered on your account and/or by posting notice on our website. Your continued use of the Services after the effective date of any change constitutes your acceptance of the revised Agreement. If you do not agree to the changes, you may cancel your account before the effective date without penalty.

16. Entire Agreement and Severability

This Agreement, together with our Privacy Policy, Data Processing Agreement, Shared Hosting SLA, and any other policies incorporated by reference, constitutes the entire agreement between you and Layer 9 Solutions Ltd in relation to the Services and supersedes all prior agreements, representations, and understandings. If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed and the remaining provisions shall continue in full force and effect. No waiver by us of any breach of this Agreement shall constitute a waiver of any subsequent breach.

17. Governing Law and Dispute Resolution

This Agreement is governed by and shall be construed in accordance with the laws of England and Wales. Both parties submit to the exclusive jurisdiction of the courts of England and Wales for the resolution of any dispute arising under or in connection with this Agreement. Nothing in this clause prevents either party from seeking urgent injunctive or other interim relief from a court of competent jurisdiction.

18. Contact

Layer 9 Solutions Ltd
Company No. 14857666
124 City Road, London, England, EC1V 2NX
Email: [email protected]
Support: [email protected]