TERMS OF SERVICE
BYTE-HOST.COM ("The Company") agrees to furnish services to the
Subscriber, subject to the following TOS (Terms of Service).
Use of BYTE-HOST.COM Service constitutes acceptance and agreement
to BYTE-HOST.COM's AUP as well as BYTE-HOST.COM's
TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms
of Service) of BYTE-HOST.COM and AUP (Acceptable
Use Policy). The AUP may be changed
from time to time at the discretion of the Company. Subscriber
understands that change to the AUP by the Company shall not be
grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance
with the laws of the state of California, county of Los Angeles
applicable to contracts enforceable in that state. Venue will
be Los Angeles County, California.
Note: Pornography and sex-related merchandising are prohibited
on any BYTE-HOST.COM server. This includes sites that may infur
sexual content, or links to adult content elsewhere. This is also
true for sites that promote any illegal activity or content that
may be damaging to BYTE-HOST.COM servers or any other server on
the internet. Links to such materials are also prohibited. All
IRC related activities are strictly prohibited and can be cause
for immediate account termination!
Disclosure to Law Enforcement: The AUP
specifically prohibits the use of our service for illegal
activities. Therefore, Subscriber agrees that the Company
may disclose any and all subscriber information including
assigned IP numbers, account history, account use, etc. to
any law enforcement agent who makes a written request without
further consent or notification to the Subscriber. In addition
BYTE-HOST.COM shall have the right to terminate all service
set forth in this Agreement.
Service Rates: Subscriber acknowledges that the nature
of the service furnished and the initial rates and charges
have been communicated to Subscriber. Subscriber is aware
that the Company may prospectively change the specified rates
and charges from time to time. The promotional offer is contingent
upon Company achieving and maintaining its cost of service
goals including but not limited to rates charged to company
by its suppliers.
Payment: Establishment of this service is dependent
upon receipt by the Company of payment of stated charges.
Subsequent payments are due on the anniversary date of the
month for that month's service. The above applies to all accounts
and services provided by BYTE-HOST.COM.
Payments and Fees: Credit cards that are declined
for any reason are subject to a $1.00 declination fee. Service
will be interrupted on accounts that reach 10 days past due.
Service interrupted for nonpayment is subject to a $10.00
reconnect charge. Accounts not paid by due date are subject
to a $5.00 late fee. Accounts that are not collectable by
BYTE-HOST.COM may be turned over to an outside collection
agency for collection. If your account is turned over for
collection, you agree to pay the company a "Processing and
Collection" Fee of not less than $20 nor more than $150. If
you desire to cancel your account, please follow the proper
procedure to do this as outlined in this TOS.
Refund and Disputes: All payments to BYTE-HOST.COM
are nonrefundable. This includes the one time setup fee and
subsequent charges regardless of usage. All overcharges or
billing disputes must be reported within 60 days of the time
the dispute occurred. If you dispute a charge to your credit
card issuer that, in BYTE-HOST.COM's sole discretion is a
valid charge under the provisions of the TOS and/or AUP, you
agree to pay BYTE-HOST.COM an "Administrative Fee" of not
less than $20 and not more than $150.
Failure to Pay: The Company may temporarily deny service
or terminate this Agreement upon the failure of Subscriber
to pay charges when due. Such termination or denial will not
relieve Subscriber of responsibility for the payment of all
accrued charges, plus reasonable interest and any collection
Account Cancellation: Request for termination of user
accounts can be made through the BYTE-HOST.COM Customer Control
Panel. Termination requests received will take effect immediately,
that means you're not required to pay for web hosting plan
fee for that month, if termination request is received after
the fee charged in that month, which is not refundable, that
means starting from following month you'll not be charged
for web hosting fee. Subscription fees for additional services
such as added space and bandwidth transfer will be charged
for the entire month regardless of whether the request for
their termination is received prior to the effecting of the
Subscriber acknowledges that the service provided is of such
a nature that service can be interrupted for many reasons
other than the negligence of the company and that damages
resulting from any interruption of service are difficult to
ascertain. Therefore, subscriber agrees that the company shall
not be liable for any damages arising from such causes beyond
the direct and exclusive control of the company. Subscriber
further acknowledges that the company's liability for its
own negligence may not in any event exceed an amount equivalent
to charges payable by subscriber for services during the period
damages occurred. In no event shall the company be liable
for any special or consequential damages, loss or injury.
New Domains: Payment made for domain registration
will not be refundable in all cases, including those that
involve mistakes committed by any persons, BYTE-HOST.COM staff
or not, at any stage of the domain registration process. A
confirmation e-mail will be sent to registrants within 24
hours of the submission of the domain name purchase order.
Transfer of Domains: New webhosting accounts which
involve the transfer of a domain from another provider to
BYTE-HOST.COM will require a minimum of seven (7) days to
be set up and entered into our DNS servers. In some cases,
such transfers may take up to sixty (60) days. Due to the
unpredictable nature of the transfer process, no guarantees
are made regarding the amount of time a specific transfer
Support Boundaries: BYTE-HOST.COM provides 24 x 7
technical support to our subscribers (except for few holidays
and short company meetings) We limit our technical support
to our area of expertise. The following is our guidelines
when providing support: BYTE-HOST.COM provides support related
to your services or virtual site physical functioning. BYTE-HOST.COM
does not offer tech support for application specific issues
such as cgi programming, html or any other such issue. BYTE-HOST.COM
does not provide technical support for YOUR customers.
SPAM and Unsolicited Commercial Email (UCE): BYTE-HOST.COM
takes a zero tolerance approach to the sending of Unsolicited
Commercial Email (UCE) or SPAM over our network. Very simply
this means that customers of BYTE-HOST.COM may not use or
permit others to use our network to transact in UCE. Customers
of BYTE-HOST.COM may not host, or permit hosting of, sites
or information that is advertised by UCE from other networks.
Violations of this policy carry severe penalties, including
termination of service.
Violation of BYTE-HOST.COM's SPAM policy will result
in severe penalties. Upon notification of an alleged violation
of our SPAM policy, BYTE-HOST.COM will initiate an immediate
investigation (within 48 hours of notification). During
the investigation, BYTE-HOST.COM may restrict customer
access to the network to prevent further violations. If
a customer is found to be in violation of our SPAM policy,
BYTE-HOST.COM may, at its sole discretion, restrict, suspend
or terminate customer's account. Further, BYTE-HOST.COM
reserves the right to pursue civil remedies for any costs
associated with the investigation of a substantiated policy
violation. BYTE-HOST.COM will notify law enforcement officials
if the violation is believed to be a criminal offense.
First violations of this policy will result in an "Administrative
Fee" of $250 and your account will be reviewed for possible
immediate termination. A second violation will result
in an "Administrative Fee" of $500 and immediate termination
of your account. Users who violate this policy agree that
in addition to these "Administrative" penalties, they
will pay "Research Fees" not to exceed $175 per hour that
BYTE-HOST.COM personnel must spend to investigate the
matter. PLEASE, DO NOT SPAM from your account.
BEGINNING IMMEDIATELY, anyone hosting websites or services
on their server that support spammers or cause any of our IP
space to be listed in any of the various Spam Databases will
have their services immediately disabled. The services will
not be enabled until such time that you agree to remove ANY
and ALL traces of the offending material immediately
upon reconnection and agree to allow us access to the account
to confirm that all material has been COMPLETELY removed.
Severe violations may result in immediate and permanent removal
of the account from our network without notice to the customer.
Any account guilty of a second violation WILL be immediately
and permanently removed from our network without notice.
- IP Address Ownership: If BYTE-HOST.COM assigns
Customer an Internet Protocol address for Customer's use,
the right to use that Internet Protocol address shall belong
only to BYTE-HOST.COM, and Customer shall have no right
to use that Internet Protocol address except as permitted
by BYTE-HOST.COM in its sole discretion in connection with
the Services, during the term of this Agreement. BYTE-HOST.COM
shall maintain and control ownership of all Internet Protocol
numbers and addresses that may be assigned to Customer by
BYTE-HOST.COM, and BYTE-HOST.COM reserves the right to change
or remove any and all such Internet Protocol numbers and
addresses, in its sole and absolute discretion.
- IP Address Usage: Any customer caught using an
IP address that has not been assigned to them agrees to
pay a $25 fee. The domain caught using the offending IP
address can be disabled or deleted at the discretion of
- Bandwidth and Disk Usage: Customer agrees that
bandwidth and disk usage shall not exceed the number of
megabytes per month for the Services ordered by Customer
on the Order Form (the "Agreed Usage"). BYTE-HOST.COM will
monitor Customer's bandwidth and disk usage. BYTE-HOST.COM
shall have the right to take corrective action if Customer's
bandwidth or disk usage exceeds the Agreed Usage. Such corrective
action may include the assessment of additional charges,
disconnection or discontinuance of any and all Services,
or termination of this Agreement, which actions may be taken
is in BYTE-HOST.COM's sole and absolute discretion. If BYTE-HOST.COM
takes any corrective action under this section, Customer
shall not be entitled to a refund of any fees paid in advance
prior to such action. In the event that a customer exceeds
the included allocation, BYTE-HOST.COM may, at its sole
discretion, collect a deposit, in an amount determined by
BYTE-HOST.COM, against customer's credit card on file with
- System and Network Security: Users are prohibited
from violating or attempting to violate the security of
the BYTE-HOST.COM Network. Violations of system or network
security may result in civil or criminal liability. BYTE-HOST.COM
will investigate occurrences, which may involve such violations
and may involve, and cooperate with, law enforcement authorities
in prosecuting Users who are involved in such violations.
These violations include, without limitation:
- Accessing data not intended for such User or logging
into a server or account, which such User is not authorized
- Attempting to probe, scan or test the vulnerability
of a system or network or to breach security or authentication
measures without proper authorization.
- Attempting to interfere with service to any user,
host or network, including, without limitation, via
means of overloading, "flooding", "mail bombing" or
- Forging any TCP/IP packet header or any part of the
header information in any e-mail or newsgroup posting.
- Taking any action in order to obtain services to which
such User is not entitled.
Notification of Violation:
BYTE-HOST.COM is under no duty to look at each customer's
or user's activities to determine if a violation of the
AUP has occurred, nor do we assume
any responsibility through our AUP to monitor or police
Internet- related activities.
First violation: Any User, which BYTE-HOST.COM determines
to have violated any element of this Acceptable
Use Policy, shall receive an email, warning them of
the violation. The service may be subject at BYTE-HOST.COM's
discretion to a temporary suspension pending a User's
agreement in writing, to refrain from any further violations.
Second Violation: Users that BYTE-HOST.COM determines
to have committed a second violation of any element of
this Acceptable Use Policy shall be subject to immediate
suspension or termination of service without further notic
- Suspension of Service or Cancellation: BYTE-HOST.COM
reserves the right to suspend network access to any customer
if in the judgment of the BYTE-HOST.COM network administrators
the customer's account is the source or target of the violation
of any of the other terms of the AUP
or for any other reason which BYTE-HOST.COM chooses. If inappropriate
activity is detected, all accounts of the Customer in question
will be deactivated until an investigation is complete. Prior
notification to the Customer is not assured. In extreme cases,
law enforcement will be contacted regarding the activity. The
customer will not be credited for the time the customer's account
was suspended. The customer will also not be credited for any
fees if their account has been terminated.
- BYTE-HOST.COM reserves the right to amend its policies at
any time. All resellers of BYTE-HOST.COM must adhere to the
above policies. Failure to follow any term or condition will
be grounds for immediate Cancellation. You will be held responsible
for the actions of your clients in the matter described on these
Terms and conditions.
- Indemnification: BYTE-HOST.COM wishes to emphasize
that in agreeing to the BYTE-HOST.COM Acceptable
Use Policy (AUP) and Terms of Service (ToS), customer indemnifies
BYTE-HOST.COM for any violation of the Acceptable
Use Policy (AUP) and Terms of Service (ToS) that results
in loss to BYTE-HOST.COM or the bringing of any claim against
BYTE-HOST.COM by any third-party. This means that if BYTE-HOST.COM
is sued because of a customer's or a customer of a customer's
activity, the customer will pay any damages awarded against
BYTE-HOST.COM, plus all costs and attorney's fees.
- Miscellaneous Provisions: You must provide us with,
and keep current, good contact information for you. E-mail,
telephone and fax contacts are used, in that order of preference.
- A waiver by the Company of any breach of any provision
of this Agreement by Subscriber shall not operate as or
be construed as a continuing or subsequent waiver thereof
or as a waiver of any breach of any other provision thereof.
- Subscriber shall not transfer or assign this Agreement
without the prior written consent of the Company. Company
may assign Agreement at anytime without consent from or
notice to Subscriber. Company reserves right to cancel customers
rights under this contract at anytime without further obligation.
- BYTE-HOST.COM takes no responsibility for any material
input by others and not posted to the BYTE-HOST.COM Network
by BYTE-HOST.COM. BYTE-HOST.COM is not responsible for the
content of any other websites linked to the BYTE-HOST.COM
Network; links are provided as Internet navigation tools
only. BYTE-HOST.COM disclaims any responsibility for any
such inappropriate use and any liability to any person or
party for any other person or party's violation of this
- BYTE-HOST.COM is not responsible for any damages your
business may suffer. BYTE-HOST.COM does not make implied
or written warranties for any of our services. BYTE-HOST.COM
denies any warranty or merchantability for a specific purpose.
This includes loss of data resulting from delays, non-deliveries,
wrong delivery, and any and all service interruptions including
- Responsibility for Content: You, as BYTE-HOST.COM's
customer, are solely responsible for the content stored on and
served by your account.