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1. Definitions.

Hyper Layer (‘Us’, ‘We’, Hyper Layer, Hyper Layer.co.za) provide hosting services (‘services’, ‘server’, ‘game server’, ‘Domains’), ‘VPS Hosting’, ‘Web Hosting’ to the customer (‘You’, ‘Your’, ‘Customer’, ‘Client’, ‘User’).

2. Conditions

By purchasing any of Hyper Layer’s services you agree to the terms and conditions laid out in this document.

3. Services

3.1. The cost of a server subscription is valid through the entire rental of the server, subject to fair consumer price index increases.

3.2. All subscription users have the option to transfer to different products/services.

3.3. Hyper Layer do not install add-ons for all games but Hyper Layer support staff may help under certain circumstances and with certain games. Some help is achieved by support staff, that play the game, offering their own time saving scripts to others. Hyper Layer and staff members take no responsibility for the use of these scripts. Please use at your own risk.

4. Payment

4.1. All services in clause 1 are to be paid for in advance. Failure to keep up monthly payments (Excluding Domains this is a yearly subscription) on your server can result in suspension and ultimately deletion of your services.

4.2. If you decide to cancel a subscription with us please also remember to cancel your Gateway payment subscription, which in some cases does not auto cancel. Hyper Layer is able to refund up all overpayments if the subscription cancellation script fails.

4.3. Should you need to raise a Paypal dispute the suspension of your service may need to be implemented whilst the investigation is progressing.

4.4. No personal credit or debit card details are retained by Hyper Layer.

4.5. A monthly order counts as 30 days and Hyper Layer provides a cooling off period of 24 hours if the service is somehow not right for you, we can refund you (excluding domains & VPS Hosting which we cannot refund). After the 24 hours cooling off period, refunds can be denied unless a manager feels a refund is justified. We always try to be fair in refund decisions so give us much information as possible for the reason for your cancellation.

5. Communications

5.1. Hyper Layer support staff are here to assist you. They will do their utmost to help within the confines of the support service guidelines (sometimes a little more). Please treat them with respect, it’s much harder to fix an issue with overly abusive individuals. Under that kind of pressure, it’s hard to help to the best of our ability. In the unlikely event they cannot help you they may be able to point you in the direction of information that you can then research yourself.

5.2. Hyper Layer will contact you via your email to inform you of any downtime or maintenance required on your server. Please also note that there are scheduled restarts of our machines once a week although we do perform this at times of least use, normally 6am, and they will be down only for the time it takes to reboot. Servers will restart automatically.

6. Hardware and backups

6.1. Not all hardware is created equal and there will, inevitably, be some failures. Hyper Layer have offsite backup stores and backups are performed at regular intervals. To help protect your files auto backup systems are in place and can be retrieved after a hardware failure.

6.2. There are script functions coded by Hyper Layer in your control panel that you can use to manually back up your files or you can store your worlds locally with FTP access. Hyper Layer cannot be held responsible for the loss or corruption of your files although Hyper Layer will do everything possible to recover data in the unlikely event of a failure. Hyper Layer also advises local backups.

7. Advertising

7.1. Hyper Layer’s de-branding is free and will remain free.

8. Prohibited Use

8.1. Any unlawful activity carried out by you or a third party on your rented services in clause 1, can and result in an immediate and non-refundable termination of services and in extreme cases legal action.  This includes copyrighted materials, illicit pornography of children under legal age, illegal material or data of any kind.

8.2. The customer must defend and pay any damages, fees, judgments and costs incurred by Hyper Layer as a result of the customer breaching clause 8.

8.3. Hyper Layer reserve the right to refuse service to anybody, for any reason if we deem it correct to do so. Reasons for this could be abuse, libel, insults and unreasonable behaviour of any kind.

9. Privacy Policy

More can be read here

11. Cookies

11.1. You will be asked upon visiting our website be asked on a banner at the bottom if you accept the use of cookies. we do not make extensive use of cookies on our website but we use cookies on our client area to remember your login status and in (if you came to us from an affiliate) a tracking id so we can pay out the affiliate that linked you. The affiliate cookie expires after 3 months.

11.2. We log the IP address of all logins to our client area for the security of your account. If at any such time you wish your data to be deleted you can request this via our support or by email, we can delete your account along with all emails, personal data, invoice history, log history, ticket history, all data will be destroyed. You can read more here

12. Definitions and Interpretation
The below will result in immediate account suspension

12.1. Virtual Private Server (VPS)

12.1.1. Any attempts at running DDoS scripts.

12.1.2. Any attempts at Packet Flooding.

12.1.3. Sending Spam Emails.

12.1.4. Torrents.

12.1.5. The use of Pirated content or using a Nulled software.

12.1.6. Intent to gain unauthorized access to any other system.

12.1.7. Attempts or use of Mining Crypto / Virtual Currency.

12.1.8. Violations of copyrights, trademarks or South African laws

12.2. Web Hosting

12.2.1. Using High CPU Usage.

12.2.2. Racist, religious affiliation, ethnicity and Hate Speech

12.2.3. Daemon Processes or Background Processes.

12.2.4. Running Malware.

12.2.5. Pirated content or using a Nulled software.

12.2.6. Intent to gain unauthorized access to any other system.

12.2.7. Abusing our Mail Servers & Spamming Emails.

12.2.8. Violations of copyrights, trademarks or South African laws.

12.2.9. Storing backups on our web servers.

12.3 Domain Registration, Renewal, Redemption, Deletion & Domain Parking

12.3.1 Please see more here

For more information about Registrant Education, please click here: http://www.icann.org/en/resources/registrars/registrant-rights/educational

For more information about Domain Name Registrant Rights, please click here: http://www.icann.org/en/resources/registrars/registrant-rights/benefits

12.4 . Game Server Hosting

12.4.1. Ram is restricted based on the package you purchased, your server will be allocated 100% that you purchased.

12.4.2. Our Game Panel uses Java flags such as PermGen this means that actual memory in the game may not show the full amount that your server is allocated, however, we can assure you have the actual memory physically allocated to you.

12.4.4. If there is a CPU intensive server it may be suspended without a warning to prevent any issues to our clients.

12.4.5. Disk space is unlimited based on your server capacity usage, It depends on our node’s total storage capacity.

12.4.6. If we found that a client is using a Script / Jar that would allocate more RAM Allocation. We have the right to terminate your server without any REFUNDS.

12.4.7. Any Plugin that will allow the client to have multiple servers on the same purchased package is not allowed. Example: SubServers on Spigot/Bukkit or anything that is similar to that.

 12.4.8. Any attempts bypassing our restricted functions such as Server Locations, Backend Game Configs, or Node settings will result into a suspension until further notice.

12.4.9. Any attempts into gaining access to the internal backend (RDP, FTP) will result in a suspension without a warning.

 

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