Windows VPS Hosting
TERMS & USE
The following Terms of Service ("TOS," "Terms" or "Agreement") apply to your use of our website (www.bytenap.in) and all services, features and/or content provided by ByteNAP.
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Terms of Service
Last Updated April 01, 2016
“ByteNAP Host”, “Our”, “Us” and “We” mean Byte Technologies. “You”, “Your”, “Yourself”, “Client”, “Customer” and “Subscriber” mean the natural or legal entity that hereby engages Us to provide web hosting services, namely:
Shared hosting: provision of a graphic user interface to enable access to Customer materials, including web pages and electronic mail, over the Internet. Linux virtual private servers: provision of hardware resources in a shared environment, accessible over the Internet using a remote terminal (SSH), capable of supporting a wide variety of applications, limited by our Acceptable Use Policies contained herein and the hardware and software limitations described in the product specification. Windows virtual private servers: provision of hardware resources in a shared environment, accessible over the Internet using a remote desktop (RDP), capable of supporting a wide variety of applications, limited by our Acceptable Use Policies contained herein and the hardware and software limitations described in the product specification. Backup virtual private servers: provision of hardware resources in a shared environment, accessible over the Internet using a remote terminal (SSH), specifically to be used to store second copies of important data to facilitate disaster recovery and other as-needed use cases, also limited by our Acceptable Use Policies contained herein and the hardware and software limitations described in the product specification.
By completing our online order process, You agree to be bound by our policies as described herein and in our Privacy Policy and our Acceptable Use Policy.
We reserve the right to change and modify the Terms of Service at any time with or without giving notice. You accept responsibility for checking and familiarizing Yourself with the current Terms of Service. If You do not comply with the current Terms of Service, Your service will be terminated.
Service Suspension:
Upon notification or discovery that You are performing actions that violate Our policies, We will suspend Your services until the issue has been resolved to Our and/or the notifying party’s satisfaction. If We pursue an abuse report, You incur a cost, and We later determine that You were operating within the provisions of this agreement, We will credit Your service for the number of days of suspension.
We comply with the requirements of the Digital Millenium Copyright Act (DMCA), including for Subscribers that are of foreign heritage and/or operating in a foreign country.
Your Contact Information:
We are not responsible for damages or compensation resulting from Your inability to receive communication from Us, such as but not limited to notification of downtime, or notification of suspension of Your services. From time to time, We may send You information and/or notices that may or may not be totally relevant to You. You may not opt out of these communications.
Limitation of Liability:
You acknowledge that the service provided can be interrupted for reasons other than Our negligence. You acknowledge that damages resulting from any interruption of service are difficult to ascertain.
You agree that We shall not be liable for any damages arising from such causes beyond Our direct and exclusive control. You further acknowledge that Our liability for Our own negligence may not in any event exceed an amount equivalent to charges that You have paid Us for services during the period damages occurred. In no event shall We be liable for any special or consequential damages, loss or injury. We are not responsible for any damages or loss of income Your business may suffer. We do not make implied or written warranties for any of our services. We deny 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 caused by Us.
Refunds:
If You terminate Your service with Us on good terms prior to the end of the trial period
(48 hours starting from the service delivery) of the first service ordered, We will issue a refund for the full amount paid.
If You terminate Your service with ByteNAP after the end of the trial period, no refund will be issued.
If We terminate Your services without cause, We will issue a refund for the prorated amount of Your remaining balance, based on factors such as time subscribed, time remaining, and resources utilized.
We will not, under any circumstance, issue refunds for accounts that are suspended or terminated due to prohibited content or activities.
The refunds are only available for VPS services. Any other services that We provide are not eligable for a refund.
Payments for account credit are not refundable.
Account Registration:
All new accounts MUST be registered with valid, verifiable information. Any new accounts registered with blatantly false information will be refunded and deleted without notice. Multiple accounts per Subscriber are not allowed.
You must maintain accurate and current identification information with Us through the duration of Your service with ByteNAP. We may verify any change in information, and if We is unable to obtain verification, We may suspend or terminate Your service.
Purchasing services from Us while utilizing a VPN or other such methods is strictly forbidden.
Cancellation:
You must submit a cancellation request from Your authenticated client area to cancel Your service with Us. You may cancel Your service with Us at any time for any reason. We do not accept cancellation requests by email, support tickets sent via unauthenticated means, or live chat. We do not grant exceptions. All account credits will be forfeited at the time of cancellation. You may request that We delete all of Your personal information at the time of cancellation.
Fraud Prevention:
We utilize services by Maxmind and Fraudrecord to automatically process all new orders. All new accounts may be subject to a manual account review. All invoice payments for existing services by Subscribers may be subject to random manual reviews.
In the event that We, during Our manual reviews, discover any points that require further clarification, We will contact You via support ticket and/or email, and at Our discretion, may suspend Your services until the a satisfactory resolution is reached. In the event that it takes multiple days to resolve a verification issue, We will credit Your account with the number of days it took to resolve the issue.
Payment Chargebacks and Billing Disputes:
Raising a billing dispute with our payment processors or charging back a payment made to Us will place Your account in bad standing. We reserve the right to immediately terminate all services without refund in such instances.
Billing:
When You sign up for our service, an invoice will be generated that is due immediately. Service will not commence until You pay the invoice.
We accept payments online by credit/debit card. By supplying Us with Your credit or debit card details, You authorise Us to automatically bill your card for future invoices for Your services with Us.
If We have reasonable grounds to believe that You have commited fraud to pay us, Your services and account will be terminated immediately and without notice.
If You initiate a dispute or chargeback, or threaten such action, Bytenap may terminate Your services immediately and without further notice.
All payments made to Us must be made from the same name, or a reasonable similarity thereof, the name on Your account with Us. You may open a billing ticket with Us to request permission to pay from a different account, however, this is at Our sole discretion.
All existing invoices must be paid before ordering new services. If You create a new order without paying existing invoices, the new services may be terminated and refunded, at Our sole discretion.
When You subscribe to Your first service with Us, that service will be subject to a trial period as specified on our website. This trial period may be rescinded or extended at Our sole discretion. The trial period shall be void if You use more than 90% of their allocated monthly data transfer within the trial period.
If You purchase or license a third party service that we resell, We cannot guarantee that the fee charged by this vendor will remain the same throughout Your service. If the vendor changes its fee, this increase will be passed on to You.
We may decline to accept an order for Our services if We determine that the facilities are required for other needs.
Payment Schedule:
Our services provided on a rolling subscription basis. You may choose the subscription term when You order from Us. Thereafter, Your service will indefinitely renew on the anniversary of each term until cancelled as descried herein.
Our automated billing system runs daily at 12:00am IST (+5.30 UTC).
We bill two weeks before the invoice due date.
We will send a payment reminder the same day that the invoice is due.
We will send invoice overdue notices on the first, second, and third day an invoice is overdue.
If You do not pay the invoice by the 5th day after the invoice is due, We will suspend Your service and a late fee of 15% of the invoice will be issued. You will be notified that Your service has been suspended.
If You do not pay the invoice by the 10th day after the invoice is due, We will terminate Your service, without notice. Upon termination, Your service data will be irrevocably deleted.
It is Your responsibility to ensure that steps are taken to receive all email communications from Us, and to keep track of due dates for Your services. We will not offer compensation for service downtime stemming from suspension/termination if You do not keep track of service due dates.
Service Security:
You are required to maintain a secure account, utilizing good security practices. This includes, but is not limited to, choosing and maintaining secure passwords on servers, shared hosting accounts, and other services that We provide.
If it is determined that You are maintaining weak account security, We will, at our sole discretion, suspend or terminate Your service, without a refund.
You agrees to notify Us of any unauthorized activity on Your account or services, or any other breach of security, as soon as possible. You agree to take any action necessary to rectify any security issues.
In the event that Your service becomes maliciously compromised, Our sole remedy will be to return Your services to their ‘day one’ state. We will offer You an archive of Your data before it is returned to the ‘day one’ state. It is Your responsibility to restore Your data and software.
Copyright Infringement Notification:
To file a notice of copyright infringement with us, You must provide a written communication (by regular mail or digitally signed email) that sets forth the items specified below. Please note that You will be liable for damages (including costs and attorneys’ fees) if You materially misrepresent that a product or activity is infringing Your copyrights. Accordingly, if You are not sure whether material available online infringes Your copyright, we suggest that You first contact an attorney.
To expedite our ability to process Your request, please use the following format:
Identify, in sufficient detail, the copyrighted work that You believe has been infringed upon (for example, “The copyrighted work at issue is the text that appears on http://www.example.com/infringing_page.html”) or other information sufficient to adequately specify the copyrighted work being infringed.
Identify the material that You claim is infringing the copyrighted work listed in item #1 above.
If You are sending a large number of URLs in one removal request, please also a listing of the URLs in a single list.
Provide information reasonably sufficient to permit Us to contact You. A telephone number and an email address are required.
Provide information, if possible, sufficient to permit Us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Sign the paper.
Send the digitally signed email to the following address:
Support:
You are required to submit any requests for support via the support ticket system to which We give You access, upon initiation of Your service. Submitting support issues via email, phone, live chat, or any other method, may result in delays. Depending on factors outside of our control, issue resolution may take longer than anticipated. We do not offer compensation for such delays.
Issues may be worked by more than one member of Our staff. You may not request resolution by a specific member of Our staff, as this will delay resolution of Your issue.
Unmanaged Service:
If You have chosen a service that is unmanaged, Our support will be limited to resolving issues with Our servers or networks. We will not help with installation, configuration, or troubleshooting of any third-party scripts or software that do not pertain to the management of Our servers or networks.
Data Backup / Preservation:
In the event of data loss, Our default action will be to restore Your services to their “day one” state. We endeavour to maintain backups of Your data for Our use in restoring services as needed. These backups may or may not be available to You, at Our discretion, unless You have explicitly purchased backup services from Us. Any complimentary backup files provided to You will be a raw copy of Your data; it is Your responsibility to restore Your data. If You have purchased backup services from Us, We will restore backups to Your services with Us; We will not restore backups to any third-party service or network. Additionally, We do not guarantee that backups will be restorable, either to Our network, or to a third party’s. We do not guarantee that Our backup will restore Your data to any specific point in time. We will not offer compensation for data loss or costs resulting from data loss, unless You have explicitly purchased backup services from Us. If You have purchased backup services from Us, Our liability shall be limited to the monthly subscription price of Your service with Us.
Excessive Utilization of Resources:
We monitor and curtail resource usage that is outside the allotted resources. We, at Our sole discretion, will take action against You if You use excessive resources. Such action may include, but is not limited to, billing for resources used, account suspension and account termination.
Spam policy:
We do not allow automated email systems on Our network. Utilizing Our services to send bulk and/or commercial information, via any methods, is prohibited. Maintaining an open, unsecured SMTP relay is prohibited. Upon receipt of a complaint, We will investigate the issue, and at Our sole discretion, will suspend or terminate Your account. We reserve the right to prosecute, and to collect resultant legal fees.
DMCA:
We require DMCA notices to be filed by letter or digitally signed email. The complaint must include full contact information in the complaint (including email address and phone number). We may call and verify these data. Email (unless digitally signed by a verified and trusted third party) is not an acceptable medium for legal complaints. We are committed to making the submission of notices of alleged infringement to Us as simple as possible, while reducing the number of notices that we receive that are fraudulent, difficult to understand, and/or verify. We may ignore incorrectly formatted notices that do not comply with the requirements of the DMCA. We may request written notification via regular mail, even if sent via digitally signed email, at Our sole discretion.
Regardless of whether We may or may not be liable for such infringement, Our response(s) to these notices may or may not include removing or suspending access to claimed infringing materials, and/or potentially terminating subscribers. If We disable or suspend access in response to such a notice, We will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may submit a counter notification. We may also document notices of alleged infringement upon which We act. In addition to Your request being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice may be sent to a third-party which may publish and/or annotate it.
Backups:
Whereas We endeavour to create backups for Our High Memory VPS services twice daily for disaster recovery purposes, You are responsible for Your own data. We shall not be responsible for data loss.
We do not create backups of High Storage VPS plans and We do not recommend using these plans for critical hosting. You are responsible for Your own data.
Complaints:
We strive to provide a consistently excellent service. If You wish to make a complaint, please write to us by email to [email protected]. We will respond to Your complaint within 10 working days.
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