BYTE-HOST.COM (hereby called "The Service Provider")
is an Internet Service Provider and host of personal and business
World Wide Web pages. BYTE-HOST.COM maintains The Service Provider
as a service to the Internet community. The goal of BYTE-HOST.COM
is to provide you with the best service possible for an enjoyable
Internet experience. These Terms and Conditions are designed to
keep BYTE-HOST.COM and the Internet enjoyable and useful for all
of our subscribers. BYTE-HOST.COM is committed to and supports
the free flow of information and ideas over the Internet. BYTE-HOST.COM
does not actively monitor nor does BYTE-HOST.COM exercise editorial
control over the content of any web site, electronic mail transmission,
mailing list, news group or other material created or accessible
over BYTE-HOST.COM services. However, BYTE-HOST.COM reserves the
right to remove any materials BYTE-HOST.COM does become aware
of that are, in BYTE-HOST.COM's sole discretion, potentially illegal,
could subject BYTE-HOST.COM to liability, or violate this policy.
The use of The Service Provider is subject to the following terms
BYTE-HOST.COM may amend this agreement on an as
needed basis by placing an update of this posting, and your
continued use of The Service Provider following each updated
posting shall be deemed to be your acceptance of any such modification.
Furthermore, it is your responsibility to monitor the "Terms
and Conditions" page of The Service Provider regularly to determine
whether the terms and conditions have been modified. If changes
to terms and conditions or pricing have been made, these changes
will take effect on the date of Client's contract renewal. If
you do not agree with the Terms and Conditions of The Service
Provider or any modifications or changes to this Agreement,
you must immediately stop using The Service Provider.
Terms of Contract
1.1 Client agrees to the contract for the length
specified, beginning upon BYTE-HOST.COM's receipt by fax, e-mail,
or express mail. Client agrees to pay BYTE-HOST.COM for services
rendered pursuant to the payment schedule.
1.2 This agreement will automatically renew
for identical successive periods unless canceled or modified
by client prior to the renewal date. Client will receive an
invoice for charges and payment is due upon receipt of invoice.
Renewal prices are subject to change.
1.3 Initial payment is due with contract. Contract
takes effect on the date of receipt of payment, and will be
renewed automatically for identical successive periods. Any
changes made to the Client's package (e.g. extra traffic charges,
additional server space, additional e-mail accounts) shall be
1.4 All orders are subject to acceptance by
BYTE-HOST.COM. An order will be deemed accepted by BYTE-HOST.COM
when confirmation of the order is sent to Customer. BYTE-HOST.COM
may refuse to accept any order, or delay acceptance awaiting
completion of conditions BYTE-HOST.COM may choose to exercise.
Such refusal of such conditions may not be unreasonable, however,
and BYTE-HOST.COM agrees to provide Customer with reasonable notice
by Email or fax of any intent to delay or decline the acceptance
of any order.
2.1 BYTE-HOST.COM shall not be liable for any
taxes or other fees to be paid in accordance with or related
to purchases made from Client or BYTE-HOST.COM's server. Client
agrees to take full responsibility for all taxes and fees of
any nature associated with any such products sold.
Material and Products
3.1 BYTE-HOST.COM will exercise no control whatsoever
over the content of the information passing through the network
or on the Client's web sites. BYTE-HOST.COM makes no warranties
or guarantees of any kind, whether expressed or implied for
the service it is providing. BYTE-HOST.COM also disclaims any
warranty of merchantability or fitness for particular purpose
and will not be responsible for any damages that may be suffered
by the Client, including loss of data resulting from delays,
non-deliveries or service interruptions or gaps by any cause
or errors or omissions of the Client. BYTE-HOST.COM is not responsible
for any loss, erasure, or corruption of Client's data or files
whatsoever. Use of any information obtained by way of BYTE-HOST.COM
is at the Client's own risk, and BYTE-HOST.COM specifically denies
any responsibility for the accuracy or quality of information
obtained through its services. Connection speed represents the
speed of connection to BYTE-HOST.COM and does not represent guarantees
of available end to end bandwidth. BYTE-HOST.COM expressly limits
its damages to the Client for any non-accessibility time or
other down time to the pro-rata monthly charge during the system
unavailability. BYTE-HOST.COM specifically denies any responsibilities
for any damages arising from a consequence of such unavailability.
In the event that this material is not "Server-ready", BYTE-HOST.COM
may, at its option and at any time, reject this material, including
but not limited to after it has been put on BYTE-HOST.COM's Server.
BYTE-HOST.COM agrees to notify Client immediately of its refusal
of the material and afford Client the opportunity to amend or
modify the material to satisfy the needs and/or requirements
of BYTE-HOST.COM. If the Client fails to modify the material,
as directed by BYTE-HOST.COM, within a reasonable period of time,
which shall be determined between the parties themselves, the
Agreement shall be terminated.
Etiquette and Policy
4.1 The network resources of BYTE-HOST.COM may
not be used to impersonate another person or misrepresent authorization
to act on behalf of others or BYTE-HOST.COM. All messages via
BYTE-HOST.COM should correctly identify the sender; users may
not alter the attribution of origin in electronic mail messages
or postings. Users may not attempt to undermine the security
or integrity of computing systems or networks and must not attempt
to gain unauthorized access to said networks. Clients may not
use BYTE-HOST.COM's server for mass e-mail or "spamming" purposes.
4.2 BYTE-HOST.COM may impose reasonable rules
and regulations regarding the use of its services. Customer
shall impose such rules and regulations on its customers to
the extent necessary to ensure compliance.
4.3 BYTE-HOST.COM may discontinue servicing any
Plan, or may require fulfillment of terms or conditions BYTE-HOST.COM
may choose to impose as a prerequisite for continuing to service
any such Plan. Such discontinuation or requirement may not be
unreasonable, however, and BYTE-HOST.COM agrees to provide Customer
with reasonable notice by Email and fax of any such intent to
discontinue or impose certain conditions.
4.4 BYTE-HOST.COM's services may not be used for
illegal purposes, or in support of illegal activities. BYTE-HOST.COM
reserves the right to cooperate with legal authorities and/or
injured third parties in the investigation of any suspected
crime or civil wrong. Activities which are prohibited as potentially
illegal include, but are not limited to:
Unauthorized copying of copyrighted material
including, but not limited to, digitization and distribution
of photographs from magazines, books, or other copyrighted
sources, and copyrighted software.
Posting or e-mailing of scams such as 'make-money-fast'
schemes or 'pyramid/chain' letters.
Threatening bodily harm or property damage
to individuals or groups.
making fraudulent offers of products, items,
or services originating from your account.
Attempting to access the accounts of others,
or attempting to penetrate beyond security measures of our
or other systems (referred to as hacking) whether or not
the intrusion results in corruption or loss of data.
Harassing others by 'mail-bombing'. 'Mail-bombing'
constitutes sending more than ten (10) similar mail messages
to the same e-mail address.
Forging any message header,in part or whole,
of any electronic transmission, originating or passing through
Distributing viruses to or from BYTE-HOST.COM
4.5 Bulk email sent through a mail service external
to our system can not contain an email address or a domain name
that is hosted by BYTE-HOST.COM. This generally results in complaints
being forwarded to our administrative staff and will be cause
for immediate account termination or suspension without prior
5.1 This Agreement may be terminated by either
party, without causen. Notwithstanding the above, BYTE-HOST.COM
may terminate the service under this Agreement at any time,
without penalty, if the Client fails to comply with the terms
of this Agreement.
5.2 BYTE-HOST.COM offers a 30-Day money back guarantee
for its services. This guarantee excludes any setup fees or
installation charges applied to BYTE-HOST.COM's services. BYTE-HOST.COM
will not issue refunds or credits past the 30-Day money back
6.1 Client expressly agrees that use of BYTE-HOST.COM's
Server is at Client's sole risk. Neither BYTE-HOST.COM, its employees,
agents, resellers, third party information providers, merchants
licensers or the like, warrant that BYTE-HOST.COM's Server service
will not be interrupted or be error free; nor do they make any
warranty as to the results that might be obtained from the use
of the Server service or as to the accuracy, or reliability
of any information service or merchandise contained in or provided
through the BYTE-HOST.COM Server service, unless otherwise expressly
stated in this Agreement.
6.2 Under no circumstances, including negligence,
shall BYTE-HOST.COM, its offices, agents or any one else involved
in creating, or distributing BYTE-HOST.COM's Server service be
liable for any direct, indirect, incidental, special or consequential
damages that result from the use of or inability to use the
BYTE-HOST.COM Server service; or that results from mistakes, omissions,
interruptions, deletion of files, errors, defects, delays in
operation, or transmission or any failure of performance, whether
or not limited to acts of God, communication failure, theft,
destruction or unauthorized access to BYTE-HOST.COM's records,
programs or services. Client hereby acknowledges that this paragraph
shall apply to all content on BYTE-HOST.COM's Server service.
7.1 Client agrees that it shall defend, indemnify,
save and hold BYTE-HOST.COM harmless from any demands, liabilities,
losses, costs and claims, including reasonable attorneys' fees,
("Liabilities") asserted against BYTE-HOST.COM, its agents, its
customers, servants officers and employees, that may arise or
result from any service provided or performed or agreed to be
performed or any product sold by Client, its agents, employees
or assigns. Client agrees to defend, indemnify and hold harmless
BYTE-HOST.COM against Liabilities arising out of (i) any injury
to person or property caused by any products sold or otherwise
distributed in connection with BYTE-HOST.COM's Server; (ii) any
material supplied by Client infringing or allegedly infringing
on the proprietary rights of a third party; (iii) copyright
infringement and (iv) any defective product which Client sold
on BYTE-HOST.COM Server.
8.1 Notice to BYTE-HOST.COM shall be in writing
and delivered by hand, e-mail, facsimile, or, if sent by certified
mail, return receipt requested, or a nationally recognized overnight
delivery service that keep records of deliveries and attempted
deliveries (such as FedEx). It is imperative that BYTE-HOST.COM
be able to contact Customer at all times. Customer must promptly
advise BYTE-HOST.COM of any changes to his, her or its contact
information, including mailing and e-mail addresses and phone
number. Failure to do so constitutes grounds for immediate termination;
moreover, any notices from BYTE-HOST.COM to Customer sent to Customers
last known e-mail address as provided by Customer to BYTE-HOST.COM
shall be deemed effective even if Customer has failed to provide
updated information to BYTE-HOST.COM.