Terms of Service
1. Initial Term and Renewals
The initial term of the server is decided upon when ordering. The agreement will be automatically renewed on the “renewal date” unless ByteOnSite is notified in accordance with the cancellation policy. (Section 4). The renewal date will be the day after your original term expires. Licensing fees may have separate renewal dates as specified in the corresponding invoice.
2. Bilateral Agreement
ByteOnSite promises to provide services in exchange for you to promise to provide prompt payment by each applicable due date. ByteOnSite reserves the right to terminate this contract and revoke service if our Acceptable Use Policy is violated or payment is not made in a prompt manner. Upon termination, existing bills will be outstanding until full payment is received.
3. Legal Capacity
By continuing with this agreement, you are confirming that you: (1) Have legal capacity to enter this agreement. (2) Are 18 years of age or above. (3) Have authority to make payments by the method of your choice. If you are not, this is an admission of fraud.
4. Cancellation Policy
Cancellation can be requested at any time. All unused portions of the service will be credited back to your account. If a refund is eligible in accordance with our Service Level Agreement, then the applicable refund will be provided in place of the credit. Unpaid invoices at the time of cancellation are still due in full.
5. Payment Requirements
Initial payments of new services or products must be made prior to you receiving the service. Recurring payments for subsequent terms are always due on the invoice due date. All payments are currently rendered through third party services, including PayPal Inc. and Google Inc. Any credit card or electronic check issues must be handled with them. Cancellation of an automatic subscription is the responsibility of the customer.
6. Taxes and Additional Fees
You are responsible for the payment of all federal, state, and local sales, use, value added, duty, excise and any other taxes assessed with respect to the services.
7. Late Payment Policy
Failure to pay by the due date will incur an additional 2% and $2.00 late fee, or the maximum allowed by law. Failure to pay within 60 days will incur a $10.00 collections fee and be sent to a collections agency for processing. Services may be suspended immediately after the due date has passed. Your data may be removed from our servers after 7 days overdue. To restore a suspended service, all invoices and corresponding late fees must be paid in full.
8. Deposited Funds
Deposited funds, if not applied to invoices, are refundable if requested within 45 days of the deposit. ByteOnSite is unable to make refunds after a certain time due to merchant and credit card terms. Excess deposited funds can be applied for a prepaid service eligible for a discounted rate. To take advantage of discounts, contact ByteOnSite's billing department. No discount or interest will be generated for deposits that have not been used or applied.
9. Refund and Credit Policy
ByteOnSite's use of refund implies money will be distributed back to the client. ByteOnSite's use of credit implies that the money will be deducted from the next applicable invoice. Refund and credit policies are outlined in our Service Level Agreement. Violation of our Acceptable Use Policy voids any potential refunds or credits. Due to their nature, licensing fees are non-refundable. Refunds and credits must be requested within 30 days of the occurring event.
10. Management Terms
Server management can be added to any server but ByteOnSite reserves the right to refuse server management to any customer. In the case that server management is terminated by ByteOnSite, ByteOnSite will refund any unused portions of the original payment specifically for server management. Server management packages specify the administration work included, ByteOnSite reserves the right to only perform those duties. Additional duties may be contracted at a price of $30.00 per hour, billable in 10 minute increments, with a minimum of 20 minutes billed.
11. Advertised Data Amounts
ByteOnSite's advertised data amounts are consistent with hardware manufacturers. Disk space and bandwidth are advertised in SI standard gigabytes (1000^3) or terabytes (1000^4) and memory is advertised in JEDEC standard megabytes (1024^2) and gigabytes (1024^3), also known as mebibytes and gibibytes.
12. Data Loss
ByteOnSite cannot be held responsible for any loss of data that is stored on our systems. Backups are strongly encouraged to be made by our customers. ByteOnSite cannot be held responsible for hardware abnormalities or risks generally associated with web hosting.
13. Reservation of Rights
ByteOnSite reserves all rights not expressly granted herein. ByteOnSite reserves the right to update contracted terms, policies, and agreements within reason. This includes what is permitted to be hosted by our Acceptable Use Policy should it be required. If our AUP changes to disallow a service that you were required to run, you will be eligible for a refund for unused service time. Your contract will be automatically ratified in 14 business days or on the date of your next renewed term, whichever is soonest.
Acceptable Use Policy
You, as the customer, of a ByteOnSite service have the right to serve any content with the following exceptions:
1. Illegal Content
Any content that is illegal as defined by laws of the United States is strictly forbidden and may result in immediate account suspension or termination. DMCA requests must be responded to within 24 hours. Three DMCA complaints in one month will automatically result in account termination. If your service allows public uploads, it is your responsibility to setup a method of accepting and handling DMCA complaints.
2. Threats or Harassment
No content uses in any way to threaten or harass another person and or place of business will be allowed on our network. Any content found will result in termination of your account. Any threats or harassment made to an employee or laborer of ByteOnSite will result in termination of your account.
3. Fraud, SPAM, and other Unsolicited or Unauthorized Actions
Use of ByteOnSite's service to participate in any activity knowingly deceiving the public, scams or pyramid schemes, or causing harm to computers is strictly forbidden. Unsolicited emails are not permitted through automated systems and must conform to the United States regulations, such as the CAN-SPAM Act of 2003. Automated systems that perform unauthorized or unsolicited actions are not permitted. If permission is not provided to run an automated system against another host, then it is not permitted on our systems. This includes but is not limited to: brute forcing, network scanning, automated registrations (regbots), and automated forum or comment messages (forum spam)
4. Network Disruptions
Use of the ByteOnSite's service for any activity which affects the ability of other people or systems to use ByteOnSite's Services or the Internet. This includes attracting or committing "denial of service" (DOS) attacks. Denial of service refers to any attack that results in a router's overload of packets or bytes. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account suspension. ByteOnSite will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems.
5. Disallowed Services or Applications
The following services are not permitted:
6. Resource Usage
Any unreasonable use of resources, not specified as dedicated (or guaranteed) resources, including but not limited to hard drive usage, network usage, memory usage, and CPU usage may result in suspension, or termination, and require additional compensation and contract renegotiation in order to reinstate service. Clients have a right to receive information for what classifies reasonable use of resources upon request. Reasonable resource usage varies between different packages and levels of service, therefore new information must be requested upon a modification of any service.
Unless bandwidth and other resources are specified as dedicated, they are shared. These policies are to protect the majority of our clients from service disruptions.
Service Level Agreement
ByteOnSite has the following guarantees to ensure quality service is provided:
1. 45-Day Satisfaction Guarantee
If you, as a new customer, are unsatisfied for any reason with our service within the first 45 days of your order, you are entitled to a refund of unused service fees excluding license and setup fees. This refund is prorated based on the remaining days in the term or prorated by the percentage of bandwidth usage during the month term of cancellation, whichever is least. All services will be terminated upon a refund request.
2. Service Uptime Guarantee
ByteOnSite guarantees 100% service availability. Downtime periods are defined by a period where more than half of the internet is unable to connect to our service by fault of our hardware, not the software on the server, for at least 5 minutes. Downtime periods must be verified by our staff.
ByteOnSite may issue the following refunds and credits for the amount of downtime you receive*:
3. One Day Support Resolution Guarantee
ByteOnSite guarantees that all supported software issues that require administrative action will be resolved within one business day. If ByteOnSite fails to perform our duties within one business day, you will be credited 1% of the specific service's monthly fee for every one additional hour up to a maximum of 100%.
* Refunds and credits may only apply to the specific service that is unavailable, do not include licensing fees, and only apply to a one month period, no matter what term length is defined.
1. Personal Information
ByteOnSite will never sell your information to marketing agencies or release your information publicly. We promise to use the best security practices we have available to us to keep your information secure from third parties. ByteOnSite reserves the right to disclose information to United States law enforcement agencies, private subsidiary sales, and in the event that information is permitted to be disclosed by you or disclosed by you precedently.
2. Virtual Server Security
Virtual, or cloud, server security can be based on the settings and/or software installed on the server itself. Therefore ByteOnSite cannot be held liable for the release of private information due to poor security on the service given. Customers are ultimately responsible for taking the proper steps to ensure their service is secure.