1.) Account Setup
We will setup your account after we have received payment and we and/or
our payment partner(s) have screened the order(s) incase of fraud. It
is your responsibility to provide us with an email address which is not
@ the domain(s) you are signing up under.
2.) Content
All services provided by Bytesweb.com may only be used for lawful purposes.
This includes, but not limited to: copyrighted material, material we
judge to be threatening or obscene, pornography. The customer agrees
to indemnify and hold harmless Bytesweb.com from any claims resulting
from the use of our services.
Examples of unacceptable material:
IRC Bots
Warez Sites
Pirated Software
Hate sites
Hack programs and archives
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail,
bulk emailing, and spam. "Safe lists" and "double optin" will be treated
as spam. Any user who sends out spam will have their account terminated
without notice.
Bytesweb.com reserves the right to require changes or disable as necessary
any web site, account, database, or other component that does not comply
with this policy, at its sole discretion. Bytesweb.com also reserves
the right to make any such modifications in an emergency at our sole
discretion.
Bytesweb.com reserves the right to charge the holder of the account
used to send any unsolicited e-mail a clean up fee. This cost of the
clean up fee is left entirely to the discretion of Bytesweb.com. All
rights reserved.
4.) Payment Information
You agree to supply appropriate payment for the services received from
Bytesweb.com, in advance of the time period during which such services
are provided. You agree that until and unless you notify Bytesweb.com
of your desire to cancel any or all services received, those services
will be billed on a recurring basis.
Bytesweb.com reserves the right to change the monthly payment amount
and any other charges at anytime.
5.) Backups and Data Loss
Your use of the service is at your sole risk. Bytesweb.com is not responsible
for files and data residing on your account. You agree to take full responsibility
for files and data transferred and to maintain all appropriate backup
of files and data stored on Bytesweb.com servers.
6.) Cancellation and Refunds
Bytesweb.com reserves the right to cancel the account at any time.
Customers may cancel at any time. Bytesweb.com gives you an unconditional
30 day money back guarantee on managed shared hosting, and reseller solution's.
Refund requests after 30 days will be refunded on a prorated basis of
any unused time.
Only first-time accounts are eligible for a refund. For example, if
you've had an account with us before, cancelled and signed up again,
you will not be eligible for a refund or if you have opened a second
account with us.
7.) Resource Usage
Users may not initiate the following:
a) Use 25% or more of system resources for longer then 90 seconds. There
are numerous activities that could cause such problems; these include:
CGI scripts, FTP, PHP, HTTP, etc.
b) Run any type of interactive real-time chat applications that require
server resources. Remotely-hosted services are fully allowed.
c) Run stand-alone, unattended server-side processes at any point in
time on the server. This includes any and all daemons, such as IRCD.
d) Run any software that interfaces with an IRC (Internet Relay Chat)
network.
e) Run any gaming servers such as counter-strike, half-life, battlefield1492,
etc
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies
depending on the hosting package you purchase. Should your account pass
the allocated amount we reserve the right to suspend the account until
the start of the next allocation, suspend the account until more bandwidth
is purchased at an additional fee, suspend the account until you upgrade
to a higher level of package, terminate the account and/or charge you
an additional fee for the overages. Unused transfer in one month cannot
be carried over to the next month.
9.) Money back Guarantee
On dedicated servers, and colocation no full refund will be honored,
the 30 day money back guarantee does not apply. We reserve the right
to refund a prorated amount or no refund at all.
Each of Bytesweb.com's managed shared, and reseller plans carries a
30 day unconditional money back guarantee on them. If you are not completely
satisfied with our services within the first 30 days of your service,
you will be given a full refund of the contract amount. Remember, this
is ONLY for monthly shared or reseller packages, and not for dedicated
servers.
10.) Price Change
The amount you pay for hosting will never increase from the date of
purchase. We reserve the right to change prices listed on Bytesweb.com,
and the right to increase the amount of resources given to plans at any
time.
11.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold Bytesweb.com
harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable attorney's fees asserted against Bytesweb.com, its
agents, its customers, officers and employees, that may arise or result
from any service provided or performed or agreed to be performed or any
product sold by customer, its agents, employees or assigns. Customer
agrees to defend, indemnify and hold harmless Bytesweb.com against liabilities
arising out of; (1) any injury to person or property caused by any products
sold or otherwise distributed in connection with Bytesweb.com; (2) any
material supplied by customer infringing or allegedly infringing on the
proprietary rights of a third party; (3) copyright infringement and (4)
any defective products sold to customers from Bytesweb.com's server.
12.) Disclaimer
Bytesweb.com will not be responsible for any damages your business may
suffer. Bytesweb.com makes no warranties of any kind, expressed or implied
for services we provide. Bytesweb.com disclaims any warranty or merchantability
or fitness for a particular purpose. This includes loss of data resulting
from delays, no deliveries, wrong delivery, and any and all service interruptions
caused by Bytesweb.com and its employees.
13.) Changes to the TOS
Bytesweb.com reserves the right to revise its policies at any time without
notice.
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