USER AGREEMENT

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 and conditions.

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

Financial Arrangements

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 billed accordingly.

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.

Taxes

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 BYTE-HOST.COM services.

  • Distributing viruses to or from BYTE-HOST.COM systems.

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 notification.

Termination

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 guarantee.

Limited Liability

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.

Indemnification

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.

Notices

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 Customer’s 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.