1. Term and Termination: A SWISSLAYER customer agrees to a month-by-month contract term for services unless otherwise agreed to in writing. The month-by-month contract for services is automatically renewed each month in perpetuity subject to written cancellation by the Customer. Please carefully review the SWISSLAYER cancellation policy set forth in Paragraph 8 below. SWISSLAYER may terminate this Agreement upon non-payment as set forth in paragraph 10 below. At its sole discretion, SWISSLAYER may terminate this Agreement if Customer violates any terms and conditions of SWISSLAYER’s AUP or this agreement.

2. Monthly Service Fees: The fees for any service(s) ordered by the Customer shall begin on the date of the initial order and that date shall serve as the monthly anniversary date (“Anniversary Billing Date”) for all future billings including one time fees, upgrades, additional services, cancellations and service credits. The Monthly Service Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month.

3. Upgrade Fees: Any and all upgrades that are ordered on the Anniversary Billing Date will be billed for a full month service and will perpetually continue each month on the Anniversary Billing Date. Any and all upgrades ordered after the normal Anniversary Billing Date will be pro-rated to the next anniversary date and billed as a one-time prorata charge; subsequently, any scheduled future charges will appear as full monthly fees added to your existing Anniversary Billing Date.

4. Additional Service Fees: When any additional services are ordered, the Anniversary Billing Date will be billed for the full month service and will perpetually continue each month on the Anniversary Billing Date. Furthermore, any additional services ordered after the regular Anniversary Billing Date will be pro-rated to the next anniversary date and billed as a one-time pro-rata charge. Future charges will appear as full monthly fees added to your existing Anniversary Billing Date.

5. One Time Fees: One time fees, including but not limited to: setup fees, administrative fees, and late fees are due and payable at the time they are incurred, and/or agreed upon in writing or via ticket. One time fees, such as bandwidth overages are due and payable upon an invoice following the billing cycle in which they are incurred, and are based on standard rates, or as otherwise agreed upon in writing or via ticket.

SWISSLAYER’s standard rate for bandwidth overages are: USD .10 per GB Used.

6. Taxes: Any and all customers who are located in The Republic of Panama are, responsible for the necessary sales tax. Currency Value Changes: SWISSLAYER reserves the right to raise or lower the monthly costs of services provided to our customers based on severe changes in the exchange rates between the United States Dollar, and other major currencies (Such as the European Euro, and Swiss Frank). SWISSLAYER will give the customer 30 days notice of the price change. In the event that the customer does not agree to the price change, the service will be cancelled at the next billing cycle. As a convenience to our customers, we provide all services to our customers priced in USD. However, when providing services, SWISSLAYER’s purchases several components from vendors (Bandwidth Connectivity, Collocation services, etc.) which are prices in alternate currencies than the United States Dollar.

7. Service Credits: In the event that service credits are issued to your Customer account, the service credits shall be used to offset future billable services. Service credits shall not be issued as cash back to the Customer nor shall the service credits be transferable to other account holders. Service credits shall expire if customer’s account is fully terminated.

8. Cancellation: In the case of a cancellation, SWISSLAYER requires a written notice via email to billing@SWISSLAYER.com, a minimum of 3 days prior to Anniversary Billing Date for discontinuance or downgrades of month-by-month services. Failure to supply the requisite 3-day written notice of cancellation will result in a full billable monthly cycle prior to cancellation. Any server cancellation prior to the minimum deadline will remain online until the automated process reclaims your server on the Anniversary Billing Date.

9. Server Data: Any and all Customer data remaining after the cancellation date will be destroyed for privacy and security reasons.

10. Shared Web Hosting: This section refers to our shared web hosting products (cPanelAccounts).

Customers may not:

a) Use more than 25 percent of the system resources for longer than 90 seconds.
b) Run any type of web spider or indexer
c) Run any software that interfaces with IRC
d) Run any bit torrent application
e) Participate in any file sharing / peer to peer activities
f) Run any gaming software
g) Run CRON entries with intervals of 15 seconds or less
h) Run any MYSQL queries lasting longer than 15 seconds

Any accounts violating the above conditions will be terminated without notice without refund.

11. Virtual Private Servers: This section of the sub-agreement refers to our virtual private servers (VPS Servers) products. Customers may not:

a) Run any MYSQL queries lasting longer than 15 seconds
b) Maintain a container load average of 10 or above for a period of 30 minutes or longer.
c) Run any software that interfaces with IRC
d) Run any “jail-breaking” software that circumvents the restrictions placed on the container by the parent node.
e) Run any MYSQL queries lasting longer than 15 seconds
f) Run CRON entries with intervals of 15 seconds or less
Any customer account violating the above conditions will be suspended without notice, and can be terminated at the management’s discretion without refund.
12. Non-Payment: All payments are due in full on the Anniversary Billing Date. Failure to remit payment for five (5) consecutive days, including the Anniversary Billing Date, shall result in a termination of access to Customer services. Failure to remit payment for services within ten (7) consecutive days, including the Anniversary Billing Date, shall result in complete termination and all services shall be reclaimed. A late fee of $25 may be incurred for failure to remit payment for services on or before the monthly Anniversary Billing Date.
13. Data: SWISSLAYER agrees to use best efforts and commercially reasonable best practices when deploying services related to data integrity, backup, security, and retention. These services include, but are not limited to: hard drive storage, raid hard drive arrays, network attached storage, storage area networks, operating system installs, operating system reloads, customer portal information, and other situations involving customer data. Customer assumes ultimate responsibility for data integrity, retention, security, backup, and ownership.
14. Laws: SWISSLAYER is incorporated in the country of Panama, and provides services from the countries of Switzerland and Panama. Customer agrees to abide by all laws pursuant to services delivered in The Republic of Panama and Switzerland depending on the location that the service is delivered. Regardless of service location, this agreement is made under and will be construed in accordance with the laws of the Republic of Panama without regard to conflict of the law principals. Exclusive venue and jurisdiction for any and all legal remedies arising out of or related to this agreement shall be in the Republic of Panama. Each party irrevocably consents to the foregoing jurisdiction and venue requirements and waives any and all objections to such requirements.
15. Indemnification: Customer agrees to indemnify and hold harmless SWISSLAYER, SWISSLAYER’s affiliates, and its respective officers, directors, attorneys, agents and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorney’s fees) brought by a third party under any theory of legal liability arising out of related to customers content, illegal activity and/or actual or alleged infringement or misappropriation of a third party’s copyright, trade secret, patent, trademark, or other proprietary right.
16. Limitation of Liability: Except as described in the SLA, SWISSLAYER shall not be liable to the customer for harm caused by or related to customer’s services or inability to utilize the services unless caused by gross negligence or willful misconduct. SWISSLAYER shall not be liable to customer for lost profits, indirect, special or incidental consequential or punitive damages. Notwithstanding anything else in this agreement, the maximum aggregate liability of SWISSLAYER and any of its employees, agents or affiliates, under any theory of law shall not exceed the amount paid by the customer for hosting services for the three months prior to the occurrence of the event(s) giving rise to the claim.
17. Legal Compliance: Customer further represents and warrants that he/she has full authority and power to execute this Agreement on behalf of the Company he/she represents, if any. Additionally, Customer warrants that he/she is at least 18 years of age or older and are not other wise legally incapacitated to execute this Agreement.
18. Electronic Signature: Acceptance by Customer of the Agreement incorporating the Terms of Service, Acceptable Use Policy, Service Level Agreement and Privacy Agreement hereby initiates billable services and is deemed complete by agreement to the terms as described on the online signup form(s) and completion of the ordering process.

Enhanced Privacy Policy
This is a sub-agreement as part of a Master Service Agreement (MSA) that establishes and regulates the relationship between SWISSLAYER and its customers. All customers ordering and/ or using SWISSLAYER services must agree to be bound by the MSA. The MSA can be found at:

What information do we collect?
At the time of ordering or registering on our site, SWISSLAYER collects various forms of information from its customers when placing an order. At the time of ordering or registering on our site, as needed, you will be asked to enter the following necessary information as per our policies: Personal Name, Company Name, Phone Number, E-mail Address, and Mailing Address.
It is our policy, that SWISSLAYER does not collect or store any customer credit card details on our web site; this is a security precaution for our customers.

What other information are we entrusted with?
SWISSLAYER, as an internet service provider, is technically entrusted with your company’s sensitive and important data, which is including but not limited to: server content files, storage area network files databases, browsing histories, electronic mail, Virtual Private Network access logs, as well as any and all information that is stored, uploaded, or collected automatically by our products.

What do we use your information for?
Any information collected upon becoming a customer or placing an order may be used in the standard operations of our company, SWISSLAYER, when contacting you regarding billing, technical, network, or any possible abuse issues. The entrusted information regarding your service will never be used except in the rare cases of investigating abuse issues. In the case of abuse issues, the information will only be used INTERNALLY within SWISSLAYER.

How do we protect the information that we collect when you become a customer?
A variety of security measures are executed to maintain the safety of your personal information when you place an order, modify, submit, enter, or access your private personal information.

SWISSLAYER offers the 24/7 use of a secure server. All supplied credit information is sensitive and private. Such information is transmitted via Secure Socket Layer (SSL) technology and then subsequently encrypted into the SWISSLAYER database to be only accessed by authorized personnel whom have special access rights to our systems, and are required, by law, to keep the information confidential.

If at any time you choose to cancel your account with SWISSLAYER, your personal and private information will not be kept on file with SWISSLAYER for more than 30 days after the cancellation.

Regional Internet Registries
As per law requirements, SWISSLAYER must disclose certain customer data when requested by Regional Internet Registries (such as LACNIC and/or RIPE) for the purpose of IP allocations and justifications. By default, any and all information provided to us in an order is used with these parties. If you would like to provide a valid alternate address; that can be done by sending an email to: network@SWISSLAYER.com.

Do we disclose any information to outside private parties?
SWISSLAYER does not sell, trade, or otherwise transfer to outside parties your personally identifiable information that is collected when you place an order for our products, except for the Regional Internet Registries mentioned above. SWISSLAYER does not use any vendors or consultants that require access to our customer’s information.

All employees of SWISSLAYER, before entering into employment, are required to read and sign a confidentiality and non-disclosure agreement that prohibits the disclosure of confidential customer information during employment, as well as after they cease to be employed by SWISSLAYER.

Furthermore, SWISSLAYER never allows any vendors or service providers direct access to our client information or data. Prior to entering into business with SWISSLAYER all vendors and service providers must sign a non-disclosure and confidentiality agreement that prohibits disclosure of confidential client information that could possibly be collected during the course of servicing SWISSLAYER.

Do we disclose any information to outside legal parties?

SWISSLAYER does not and will not disclose any information that we collect or that is entrusted to us to any attorneys, law firms, courts, or law enforcement agencies unless otherwise presented with an official court order executed by a judge or magistrate within the the Swiss Confederation or the Republic of Panama.

Public Debate Clause
If in the event that any of our customer’s happen to directly engage in what is considered a “Public Debate” in an Internet Forum in the form of “Service Review,” “Online Review,” or any other possible comments regarding the service that SWISSLAYER provides to all of its customers. SWISSLAYER reserves the right to disclose any and all information (with or without the consent of the customer) relevant to the public debate at its discretion in order to adequately defend its reputation as a service provider in the community and as a brand name.

Changes to our Privacy Policy
As always, SWISSLAYER reserves the right to change its privacy policy. If any changes should occur, we will post those changes on the links from our main pages.

This Acceptable Use Policy is designed to protect the integrity, security, reliability, and privacy of the SWISSLAYER networks and the products and services SWISSLAYER offers to its customers. This policy applies to all customers (persons and entities) using the products and services of SWISSLAYER. The use of SWISSLAYER’s products and services constitutes your acceptance of the Acceptable Use Policy in effect at the time of your use. All SWISSLAYER customers agree not to engage in any unacceptable use of the service provided and assume all responsible for any and all acts and omissions that occur during or relating to their use of the service. SWISSLAYER reserves the right to modify “The Acceptable Use Policy” at any time, effective immediately upon posting of the modification.

Forms of unacceptable may include, but are not limited to, the following:

1. Transmission, re-transmission, posting, and/or storing material on or through any of SWISSLAYER products or services, if in the proprietary judgment of SWISSLAYER, such transmission, retransmission, posting, or storage is: (a) in violation of any law/regulation of the Republic of Panama, and/or Switzerland (including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations); (b) threatening and/or abusive; (c) indecent; (d) defamatory; or (e) obscene. Each SWISSLAYER customer is and will remain responsible for determining what laws or regulations are applicable to his or her use of the services and products.
2. Violations of the rights of any person or company protected by copyright, trade secret, patent or other intellectual property, or similar laws or regulations, including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use.
3. False or Misleading Representations and Deceptive Marketing Practices.
4. Any actions that can restrict or inhibit anyone – whether or not the customer is affiliated with SWISSLAYER or otherwise – in his or her experience or use of SWISSLAYER services and products, or that generate excessive network traffic through the use of automated or manual routines that are not related to ordinary personal or standard business use of Internet services.
5. Any attempt to circumvent (bypass) user authentication or security of any host, network, or account. This includes, but is not limited to, probing the security of other networks, logging into a server or account the Customer is not expressly authorized to access or accessing data not intended for the customer.
6. Effecting security breaches or disruptions of network communication. Security breaches include, but are not limited to, accessing data of which the customer is not an intended recipient or logging into a server or account that the customer is not expressly authorized to access. For purposes of this section, “disruption” includes, but is not limited to, network sniffing, pinged floods, packet spoofing, and forged routing information for malicious purposes.
7. Port scanning or security scanning is expressly prohibited.
8. Implementing any form of network monitoring that will intercept data not intended for the customer.
9. Introduction of malicious programs into the SWISSLAYER network or servers or other products and services of SWISSLAYER (e.g, viruses,worms, trojan horses, email bombs, etc.).
10.Hindering or denying service to any user other than the customer’s host (for example, denial of service attack).
11.Supplying false or incorrect data on the required order form contract (electronic or paper) attempting to circumvent or change the processes or procedures to measure time including fraudulent use of credit card numbers or, bandwidth utilization or other actions to document “use” of SWISSLAYER’s products or services.
12.Using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, a user’s terminal session, via any means, locally or via the Internet/Intranet/Extranet.
13.Any form of harassment via email, telephone or paging, whether through language, frequency, or size of messages.
14.The sending of unsolicited mail messages, including, but not limited to, any sending of “junk mail” or other advertising material to individuals who did not specifically request such material, and who were not previous customers of the customer or with whom the customer does not have an existing or corresponding business relationship (e.g., E-mail “spam”). Distributing, advertising, or promoting services or software that have the main objective of encouraging or even facilitating unsolicited commercial E-mail or “spam”.
15.Any possible form of forging of email header information or any unauthorized use of said information.
16.Any and all solicitations of any email address or mail, other than that of the poster’s authorized account or expected service, with the general intent to collect replies or harass.
17.The forwarding or creating of “chain letters”, “pyramid”, or “Ponzi” schemes of any type.
18.Use of unsolicited E-mail originating from within SWISSLAYER’s network of other Internet/Intranet/Extranet service providers on behalf of, or to advertise, any service hosted by SWISSLAYER or connected via the SWISSLAYER network.
19.Any failure or delay in exercising or enforcing this policy does not in any way constitute a waiver of the policy or of any other right. Should any provision of this policy be deemed unenforceable due to law or change in law, that provision shall be disregarded at that time and the balance of the policy shall remain in effect in accordance with the law.

Abusable Resources

Any and all abuse of an open resource that occurs after the customer has received notification shall be considered a violation of the policy and enforced as such. Also, upon notification of the abusable resources existence (e.g., open news server, unsecured mail relay, or smurf amplifier), the SWISSLAYER customer shall promptly take any and all necessary steps to avoid further abuse of such open resource.

Enforcement SWISSLAYER reserves the right to promptly suspend and/or terminate the SWISSLAYER customer’s established service for abuse of any provision of this policy upon verbal and/or written notice. Notice may be provided by voicemail or Email when applicable to the customer.

Before the subsequent suspension or termination of a customer, SWISSLAYER will work with the customer to rectify any and all violations of the aforementioned policy while ensuring that there will be no re-occurrence; however, SWISSLAYER reserves the right to suspend or terminate based on a first offense in any cases deemed necessary.