Acceptable Use Policy

AUP applies to all Layer 7 Web Hosting Inc. clients.

This Acceptable Use Policy (“AUP”) applies to all customers (“you” or “customer,” whether or not capitalized) of Layer 7 (“Layer 7 Web Hosting Inc.”) or any Layer 7 Web Hosting Inc. affiliate upon subscription to the services of Layer 7 Web Hosting Inc. or any Layer 7 Web Hosting Inc. affiliate (“Services”), including subscription through a third party or any commercial partner.

Customer agrees to use the Services only for lawful purposes, in compliance with all applicable laws, and in compliance with this AUP. If customer uses the Services for unlawful purposes or not in compliance with all applicable law, or is, or uses the Services, not in compliance with this AUP, then Layer 7 Web Hosting Inc. may exercise the rights set forth in the “Violation” section of this AUP.

Specific activities that are prohibited include, but are not limited to:

• Threatening harm to persons or property or otherwise harassing behavior.
• Violating Canadian export control laws or regulations, including those affecting software or technical information or violating Canadian laws or regulations concerning the doing of business with certain sanctioned countries or with designated persons or entities.
• Misrepresenting or fraudulently representing products/services.
• Transmission, distribution or storage of any material in violation of any applicable law or regulation.
• Transmission, distribution or storage of any material protected by copyright, trademark, trade secret or other intellectual property right without proper authorization, or material that is obscene, defamatory, an invasion of privacy or constitutes an illegal threat, or is otherwise illegal.
• Failure to provide complete, truthful and accurate information regarding the customer’s identity and locations as requested on all of Layer 7 Web Hosting Inc.’s application forms.
• Transmission, distribution or storage of any material that sponsors, assists in, or encourages the unlawful use or threatened use of force or violence against persons or property to intimidate or coerce a government, any civilian population or any segment thereof, in furtherance of political or social objectives.
• Facilitating, aiding, or encouraging any of the above activities, whether using Layer 7 Web Hosting Inc.’s network or Services by itself or via a third party’s network or service.
• Interference with a third party’s use of Layer 7 Web Hosting Inc.’s network or Services, or ability to connect to the Internet or provide services to Internet users.
• Managing a proxy server.

Email

Layer 7 Web Hosting Inc. has a STRONG anti-spam policy and applies it. Spammers are NOT welcomed. This includes spamming through open proxy servers or any other kind of unsolicited email advertising. If a customer is found to be in violation of our SPAM policy, Layer 7 Web Hosting Inc. reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Layer 7 Web Hosting Inc. will notify law enforcement officials if the violation is believed to be a criminal offence. Customer acknowledges that customer is responsible for any and all SPAM related actions which come from customer’s account.

Sending unsolicited email messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited even if the lists are said to be opt-in.
Customer will not use another site’s mail server to relay mail without the express permission of the site.

It is strictly forbidden to send out unsolicited email from any other network that advertises, promotes or in any way points to a location inside the Layer 7 Web Hosting Inc. network.

Adult content

It is strictly forbidden to publish adult content on Layer 7 Web Hosting Inc.’s hosting accounts. The restriction applies, without limitation, to images and videos.

System and Network Security

Customer is prohibited from utilizing the Services to compromise the security or tamper with system resources or accounts on computers at the Premises or at any third party site.

Specific activities that are prohibited include, but are not limited to :

• Threatening harm to persons or property or otherwise harassing behavior.
• Use or distribution of tools designed for compromising security.
• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
• Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
• Deliberate attempts to overload a system and broadcast attacks.
• Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
• Intentionally or negligently transmitting files containing a computer virus or corrupted data.

Resource usage

On all Layer 7 Web Hosting Inc. hosting accounts, it is strictly forbidden, to make your account resources available (whether for free or pay) to the general public. Without limitation, this applies to usage of an account to provide public online services like statistics, image hosting, free web hosting or any other similar service. At any time, all Layer 7 Web Hosting Inc.’s hosting accounts must use an acceptable level of resources and stay below 2% of the total system resources.

Disk space

Storage capacity provided with a hosting plan is defined as disk space. It is used in order to place content such as web pages, pictures, videos, audio, databases and email accounts.

Customers may only store the website’s content. It is forbidden to use Layer 7 Web Hosting Inc. hosting accounts disk space for personal or unrelated pieces of data that are not part of the website, or for massive storage or backups.

File Limits

In order to provide optimal server performance, we only allow 250,000 files and folders per cPanel account.

High reliability and backup systems

The zero downtime architecture and backups are included with Layer 7 Web Hosting Inc. hosting plans. However, Layer 7 Web Hosting Inc. could choose to host a website on a server that does not include these features in certain circumstances, without being limited to the following:

• The amount of disk space used by customer increases at a fast pace.
• The storage contains a large amount of files larger than 100MB.
• The majority of customer content resides in compressed or archived files, such as ZIP or RAR, occupying more than 5% of allowed disk space.

Violation

Layer 7 Web Hosting Inc., in its sole discretion, will determine what action will be taken in response to a violation of this AUP on a case-by-case basis. Violation of this AUP could also subject Customer to criminal or civil liability. Layer 7 Web Hosting Inc. may block access to the Customer’s account involved. If Layer 7 Web Hosting Inc. believes, at its sole discretion, that a violation of this AUP has occurred, such action may also include, but is not limited to, temporary or permanent blocking of access to the Customer’s account and data, and the suspension or termination of Services. Layer 7 Web Hosting Inc. may involve and will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers. Layer 7 Web Hosting Inc. and its affiliates have no obligation to provide warnings under any circumstances and can terminate the customer’s account without prior notice if the customer violates this policy.

Rights reserved

Layer 7 Web Hosting Inc. reserves the right to modify this AUP at any time without notice. Customer is responsible for all use of the Services by itself, its employees, agents, contractors, invitees and customers, whether such use is with or without the consent of Customer. Layer 7 Web Hosting Inc. can require a signed copy of this documents.