ACCEPTABLE USER POLICY

At Host Byte, we want to make sure we're in your comfort zone.

 

Service Contract for All Customers, Subscribers, Clients, Resellers and Business Associates Preliminaries: Host Byte ("hostbyte.in"), is a Web Presence Provider. The purpose of this Service Agreement / Service Contract "the Agreement", "AUP" "Service Contract", "Terms of Service" is to specify the terms, conditions, and obligations which a customer agrees to accept by his, her or its conduct of using the Services of www.hostbyte.in for the registration and renewal of the registration of a domain name, or by opening an account for any of the entire range of services available with www.hostbyte.in for such purpose.

Definitions: As used in this Agreement, the following terms have the following meanings:

 "you" ,"your", customer and "Subscriber" refer to each customer, that is, each person who avails or subscribes for any of Services from Host Byte. or www.hostbyte.in
  "Services" refers to the domain services, shared hosting services, dedicated servers, or any other products/services provided by us as offered through hostbyte.in.
 "Account" means a wholesale account opened with hostbyte.in for the registration of domain names and the payment for such registrations and any other products/services;

The Agreement: This Agreement explains our obligations to you, and explains your obligations to us, for various Services. By using our Services, you have agreed to establish an account with us for such Services. When you use your account, or permit someone else to use it for any purpose whatsoever (whether or not we are notified of your having given authorization to such third party to use your account), this Agreement covers such use and the service sought or rendered. By opening an account with Host Byte. or by using any Services under this Agreement you acknowledge that you have read, and you agree to be bound by all terms and conditions of this Agreement, and any pertinent rules or policies that are or may be published by us. If you do not wish to be bound by these terms and conditions, you should not proceed to place any information of any kind on Host Byte’s servers.

Acceptable Use Policy

You agree and acknowledge that from time-to-time the FTP Backup services may be inoperable or inaccessible for any reason, including without any limitations whatsoever:Host Byte Acceptable Use Policy ("AUP") is enclosed here to give our customers and users a clear understanding of what Host Byte expects of them while using the service. All users of Host Byte services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).
Use of Host Byte Service constitutes acceptance and agreement to Host Byte AUP as well as Host Byte TOS (Terms of Service)

IMPORTANT NOTICE: *All Payments to Host Byte Are Non-Refundable*

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Host Byte may cooperate with legal/administrative authorities in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your Host Byte account or other actions as detailed in Section 3
WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understanding of Host Byte Acceptable Use Policy. The key guidelines behind the establishment and enforcement of Host Byte AUP are:

 Ensure trustworthy service to our customers
  Ensure privacy & security of our systems and network, as well as the networks and systems of others
 Maintain our reputation as a responsible service provider
 Comply with existing laws
 Encourage responsible use of Internet and discourage activities which reduce the usability and value of Internet services
 Preserve the value of Internet resources as a medium for free expression and exchange of information
 Preserve the security & privacy of individual users

Host Byte aims to provide its customers access to everything the Internet has to offer. While Host Byte is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both Host Byte and the Internet and cannot be permitted under the guise of free speech. The resources of Host Byte and Internet are not unlimited, and abuse of these resources by one user has a negative impact on the entire community.
We do not consistently monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we detect any inappropriate use of our service.
You may not use your virtual site or server to publish material, which Host Byte determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including graphics (including illustrations, images, photographs, logos, drawings,), narrative descriptions, executable programs, video recordings, and audio recordings.
If a Host Byte account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us abuse@hostbyte.in

VIOLATIONS OF ACCEPTABLE USE POLICY

The following constitute violations of this AUP:

Illegal use: Host Byte services may not be used for unlawful purposes, or in support of illegal activities. Host Byte reserves the right to cooperate with legal authorities or authorized administrative bodies in the investigation of any suspected civil wrongdoing or crime.

Harm to minors: Use of Host Byte service to harm, or attempt to harm, minors in any way, including, but not limited to pedophilic cases and child pornography. Any account found to host child pornography or linking to the same will be removed from our network immediately without prior notice whatsoever. Upon a second violation the account will be immediately terminated without notice. Severe cases can result in immediate termination. Any implication of underage child content or misleading information perceived to be child pornography will result in the same penalties. All violations will be reported to the proper law enforcement agency. Any account discovered to host "Lolita" type content or linking to the same will be given one hour to remove the offending content/domain.

Harassment: Use of Host Byte service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

Fraudulent activity: Use of Host Byte service to make fraudulent offers to buy or sell, items, or services, or to advance any type of financial scam such as "Ponzi schemes," "chain letters" and "pyramid schemes."

Threats: Use of Host Byte service to transmit any material (by e-mail, posting uploading or otherwise) that threatens or encourages bodily harm and/or destruction of property.

Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to mislead or deceive is prohibited. Attempting to impersonate somebody by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Our servers may not be the intermediary, source, or destination address involved in the transmission of spam, mail bombs or flames. Your domain may not be referenced as reply-to address, originator, intermediary, or in any of the above. SPAM /illegal content advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. Any mass unsolicited message in the mediums of Newsgroups and Email would be considered spam by us. You will not use your account for any bulk-mailing carried out for a third party including and not limited to another domain off our network. If you are found to have spammed, then we shall immediately, without warning, disable your account. Additionally we will impose a $300 penalty for each spam policy violation. Penalty for subsequent violations will be higher. We reserve the right to cancel or refuse service to known spammers. Lastly, we reserve the ultimate right to determine what violates this policy.

On shared hosting we allow 250 mails with in 60 minute including (to, cc, bcc) and it is for per domain. And you will have to use SMTP Authentication to send mail from your website.

Resource Usage policy (applicable for shared hosting)Processes

Processes invoked by the web server, CRON, shell or any other method should not exceed the following limitations:

 Consume more than 16 MB of RAM.
 Utilize in excess of 15 seconds of CPU time.
 Number of open files should not exceed 64.
 Create core dumps.
 Number of simultaneous processes should not exceed 5.
 Execute a script/binary that forks in a way to create a fork bomb.
 Programs may not run in the background or listen on a network port. If you require a bot, service or daemon, you should consider a dedicated server, as very few shared web hosts allow this type of program.

Database Restrictions

 All users are restricted to 15 concurrent MySQL/MSSQL connections.
 Database queries should not exceed 3,000 per hour.
 Database changes (insert/update/delete) should not exceed 1,000 queries per hour.
 Database servers should not be used as a hosted solution. Database access should only be used for the web site hosted by Host Byte.
 Remote database access is for administrative purposes only.

Cron Jobs

 All cron jobs must be ‘niced’ to 15 or greater (see the Unix manpage for "nice" for more information).
 A cron job should not execute more frequently than once every 15 minutes

Web

 Simultaneous Apache/IIS connections may not exceed 40 from one individual source at any given time.
 A Web processes should not fork or spawn sub processes.

Files and Directories

The total number of inodes in an account may not exceed 75,000. Every file (a webpage, image, email, php file, directory, etc.) on your account uses up one (1) inode. This is not something we actively enforce and it will only become an issue if a client is causing problems for other people on the server. We will of course notify you if this is the case with a full explanation.
A directory cannot contain more than 1,500 immediate child files. This includes subdirectories themselves, but does not include files contained within those directories.

Email and Mailing Lists

 Files in excess of 10 MB should not be sent via email.
 A Processes should not send outbound mail to more than 20 recipients at any given time. 20 Emails/5min.
 POP connections are limited to 60 per hour.
 SMTP connections (outbound email connections) are limited to 250 per hour per server account.
 Mailing lists larger than 1,500 will require a semi dedicated, VPS, or dedicated server from us. Dividing one list into smaller parts to get around this limit is not allowed

Any mailing list over 900 emails is only allowed in off peak times such as Saturday and Sunday or from 1am to 8am IST during the week.Any mailing list must be throttled so that it sends an email every 6 seconds at the very minimum. If the mailing list software you are using doesn’t support throttling you must use something else. We do this as this keeps the server load from going very high and causing problems for other users. If you don’t do this you will be suspended.
We do not allow you to send to a mailing list you were given or that you bought. This is spamming and we have zero tolerance for this.No Direct SMTP mailing system scripts are permitted. Mail should be relayed through the local MTA

Defining Unlimited

Host Byte is although having plenty of available system resources but to avoid too much consumption of resources by any single user Host Byte has placed limits on the amount of a server’s resources that any given user may consume and the same shall be applicable to you as well. While these are limits, server abuse is not limited to these policies and is up to Host Byte‘s discretion what constitutes server abuse.
On certain web hosting plans, Host Byte does not place limits on the amount of particular resources a single client may use. Host Byte makes every reasonable effort to provide clients with the disk space and bandwidth resources needed for their websites within the limitations of these Terms of Service. Host Byte monitors all servers via automated and non-automated methods to help ensure no single client adversely impacts other clients located on the same server.
Please note that shared hosting plans are for website hosting, and the storage of backups, file repositories, MP3s, videos, Photo archives, Data storage in the form like .jpg, .png, .mp3, .wav and similar is strictly prohibited. Violators of this policy may have their accounts terminated without refund.
It is made clear that in case of VIP hosting you shall be allowed to consume up to a maximum 8% of CPU usages, can send 500 mails per hour per domain and 20 mails within 5 minutes including all cc, bcc and to.
In similar manner maximum 4% CPU resources can be consume in case of shared hosting and Host Byte. shall allow only 500 MB mail box size , 5 GB as total mail box size per domain. It is further clarified that in case of shared hosting Maximum 250 mails can be sent per domain with total recipients 20 while mailing 20 mails per 5 min.

VPS/Dedicated Server Usage Policy

Host Byte bans the use of unauthorized software or use of scripts or software runs on its servers that cause the server to load beyond a reasonable level, as determined by Host Byte You agree that it shall use only authorized/ licensed software installed by Host Byte as per requirement of you and for that purpose a separate end-user agreement between the software provider and you. You will be directly responsible towards the Software provider so far as the software is related and the Host Byte shall not be responsible in any manner either towards you or towards the Software provider regarding any dispute, claim or any difficulty related to the Software

Server Log

No server logs can be provided for the shared hosting account.

Backups

Host Byte’s servers are not allowed be used as a backup/storage system and only one cPanel/Plesk backup for that same account is allowed. No client can use Host Byte’s servers for data storage in the form like .jpg, .png, .mp3, .wav, .exe, .zip, .rar and any other archive file.

Reselling

Re-selling is not allowed on Shared hosting plans. If reselling is desired, a reseller plan must be purchased. All the domains for a particular shared hosting account need to have single ownership. Host Byte holds the full right to suspend/terminate the shared hosting accounts that have domains with multiple ownerships.

Adult Content

Under no circumstance is pornography permitted. Nudity, adult-oriented e-commerce stores, and similar are allowed if the content is legal in the India. Host Byte will be the sole arbiter as to what constitutes a violation of this provision.

General

 Search Engine Optimization (SEO) farms or similar are strictly banned on Host Byte’s servers and networks. SEO farms create undue strain and resource abuse on any given server and affect all clients.
 Banner rotation services and link exchange networks are not permitted.
 Offering Image, File, Document and Data storage (.jpg, .png, .mp3, .wav, .exe, .zip, .rar and any other archive file), and free hosting and email services are strictly prohibited.
 Off-site media storage is not permitted.
 Operating a public mirror site is not permitted.
 Running a proxy or similar services, whether publicly accessible or protected, is not permitted.
 Prime bank or bank debenture-related sites, lottery sites, muds or online RPGs, hate sites, hacker-related sites, sites promoting illegal activity, IP scanner or other hacking tools, mail bombing or spam scripts, or forums and websites that distribute or promote warez content are expressly prohibited.
 Bit torrent applications, trackers, and clients as well as any file-sharing/peer-to-peer activities are prohibited.
 The operation of gaming servers (such as but not limited to Minecraft, Counter-Strike, Half-Life, battlefield1492) are prohibited.
 Web spiders and indexers are not permitted.
 The abovementioned services / web content create undue system load on our servers and should only be run in a dedicated server environment. All violations will be shut down immediately and may result in account suspension and/or termination.
 Fake hits through API, single IP or other malicious sources will not be entertained.

Dedicated Server Management

If the client had opted for server management services from Host Byte then Host Byte have an authority to curtail the root access of the server for the client. In case, client demands for root access in order to upload any applications or tamper with the server then Host Byte will not be responsible for any mis-happenings /server failure. The client will be solely responsible for the mis-happenings and Host Byte will not be liable for any support in order to restore the server to its previous state. Host Byte Support team may ask for the appropriate amount, to be paid by client, in order to restore the server (only if the backup is available).

Dedicated Servers

Third party script installation is at client own risk. Host Byte will not be responsible for any data loss/ security issues that occur due to the third-party software that client install at their end or get them installed by team Host Byte.

Reseller hosting

Host Byte will not entertain reseller’s clients’ queries.

Security

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a family member, guest, friend, or your employee. Therefore, you must take proper steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or try to gain unauthorized access to another network or server.
 Your password grants access to your account. It is your responsibility to keep your password secure.
 Sharing your account access and passwords with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
 You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
 Attempting to obtain another user’s account password is strictly prohibited, and may result in termination of service.
You may not attempt to circumvent user authentication or security of any host, account or network. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, however are not limited to cracking tools, password guessing programs or network probing tools.
You may not attempt to interfere with service to any host, user or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, attempts to "crash" a host and deliberate attempts to overload a service.
Users who violate network or systems security may incur civil or criminal civil liability. Host Byte will cooperate fully with investigations of violations of network or system security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Network Performance

Host Byte accounts operate on shared resources. Excessive use/abuse of these shared network resources by one customer may have a negative impact on all other subscribers or customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.
Host Byte Customer agrees that he/she shall not use more than 4% of CPU processing on any of Host Byte shared hosting servers. Any violation of this policy may result in corrective action by Host Byte, in its sole reasonable discretion, including assessment of additional standard charges, disconnection or discontinuance of any and all services, or termination of this service.
You are prohibited from excessive consumption of resources, including CPU time, disk space, memory, and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of Host Byte systems or networks. Host Byte reserves the right to terminate or limit such activities.

Backup of Data

Your use of the service is purely at your sole risk. Host Byte is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Host Byte servers, unless otherwise specified depending on the account type. Host Byte performs nightly backups (3 times in a week for website/mail; daily for database) of shared and reseller servers; however, these backups are for Host Byte’s administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. Host Byte does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on Host Byte’s part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. It is your responsibility to take back up of your site at your personal computer. We make no guarantees about the availability of backups.

E-Mail Server Usage

The mails in deleted folder will get automatically deleted after 30 days. Rest items will get automatically deleted after 3 months. (Not from the MS Outlook / Thunder Mail or parallel offline mailing software but from email server)
No client can use email server for data storage including the option of leaving a copy on the server.
Client is allowed to keep only relevant mails of just one year on the server.

Nameservers and Servers

It is client’s responsibility to change the Name Servers. The propagation time for changes to reflect would be 48-72 hours and it can even exceed due to registry problems, ISP issues or technical factors whatsoever. The company in all such cases cannot and shall not be held liable to for changing of Name Servers or any delay associated with it. No complaint tickets in this regard shall be entertained also.
All genuine and valid password reset requests from owners originating from member control panel shall be processed and completed. In case of any disputes, the FTP log and other system specific details shall be made available to concerned government authorities, if a proper request is received from concerned authority.The company can change its hosted servers at any time as per its necessary technical requirements and shall not be liable to update clients about such steps. Nor shall the company be under any obligation to notify clients about any technical emergency or server downtimes.Our SLA agreement of 99.95% uptime is applicable only to Network availability and it does not take into account elements like emergency downtimes and Hardware failure.

Identification Information

You agree that you as the person legally responsible for use of this account are at least 18 years of age. You agree to supply Host Byte with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent credit card use.

Refusal or Discontinuation of Service

Host Byte reserves the right to refuse or discontinue service to anyone at Host Byte’s sole discretion after giving a notice of 10 days. Host Byte may deny you access to all or part of the service without notice if you engage in any conduct or activities that Host Byte in its sole discretion believes violates any of the terms and conditions in this agreement. Host Byte shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification.

No Warranties

Host Byte makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given Host Byte. or its employees shall create a warranty. Host Byte provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Host Byte be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties’ use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties’ reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with Host Byte service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.You understand that by placing information on Host Byte’s servers that such information becomes available to all Internet users and that Host Byte has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of Host Byte servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through Host Byte .or on the Internet generally.

Renewals

All necessary reminders shall be mailed to clients for renewals, however, if due to spam filters or technical problems, in case clients report non-receipt of reminder mails, the company cannot and shall not be held accountable for suspension or termination of an account due to non-renewal. It is the owner’s responsibility to make timely renewal payments upon year end or as the case may be to avoid suspension or termination of account.
In case of renewals for Dedicated Hosting, if the renewal remains overdue on 7th day, the hosting account will be suspended and if it is overdue on 10th day, the account shall be terminated. It would be the client’s responsibility and the company’s, to take necessary backup of data before overdue 10th day. In case the data gets lost owing to any delay in renewals, the responsibility would entirely be of clients and no dispute tickets or complaints shall be entertained by the company at any level.Upon expiry of a domain, the registrar shall have every right to put a default parking page with its own advertisements on it. Clients acknowledge and accept the fact that in case of expired domains, restoration of domains after renewal may take at least five to ten days due to propagation factors or registrar problems. The restoration charges of a domain during redemption period would be applicable as per registrar’s policy and might be even a little higher.
In case where any refund of any fee or charges relating to the services provided by the Company is to be made the same shall be made only by adding the amount to the extent of refund amount in client area. It is also made clear that refund shall be allowed to a maximum amount equivalent to the amount of 45 days of the fee payable for the services.

VPS & Dedicated Server Suspension & Termination

Host Byte have the full rights to suspend the hosting services on the due date and terminate them after 3 days of due date. The client is solely responsible for paying Host Byte on the due date of his/her services. Host Byte will not be responsible for any data loss/mishappenings that may occurs due to nonpayment of services on the due date.

Refunds

If Refund request is made by the client and he wants to terminate the services prior to completion of the tenure fixed, then it may be terminated on the following grounds as mentioned below:
 That client always make available such a balance in his account/control panel, which is given to him with password and user name, through which his renewal of the services be done without fail and client also abide and agrees that if the services are not continued then he inform Host Byte 30 days prior to renewal date of that service.
 All Web Hosting (Linux and Windows) plans have a 30 day money back guarantee. In case you are not satisfied with your service for any reason, you will receive a refund (excluding taxes) if you cancel your account within 30 days of the activation of your account.This 30-day refund policy does not apply to any additional items or services; this includes but is not limited to POP accounts, MySQL. Also not included are Domain Parking services, Domain Registration, VPS & Dedicated services, along with Reseller plans. No refunds are available after 30 days.
 Cancellations after 30 Days. Subscriber may cancel his/her/its Services at any time with a valid proof of customer service failure reason, before or after automatic account renewal, and, with the exception of any Nonrefundable Fees set forth in Paragraph (b) and setup fees, if any, which are nonrefundable after 30 calendar days, receive a pro-rated refund for all other fees paid for Services, less Domain Name & Rs.500/- Setup Charge.
  Notice of Cancellation. Subscriber agrees to direct all cancellation requests to hostbyte.in via email, The cancellation request must include verification of ownership of the hosting account and/or domain(s), as determined by hostbyte.in. Subscriber must also confirm to hostbyte.in that all emails, files, and databases are preserved and backed up somewhere other than hostbyte.in server space. Once confirmed the cancellation can be processed as per cancellation policy.
  Chargebacks and Reversals. In the event Subscriber issues a chargeback or reversal of charges without first following the above cancellation procedures, the Subscriber will be responsible for a Rs. 2500/- billing service fee.
  In case where any refund of any fee or charges relating to the services provided by the Company is to be made the same shall be made only by adding the amount to the extent of refund amount in client area.
Outside of the Money Back Guarantee, refunds are not offered.
The 30 Day Money Back Guarantee applies to the following services only:
  Shared Web Hosting
  Reseller Hosting
  Email Hosting
The 30 Day Money Back Guarantee does not apply to nor are refunds available for the following services:
  Managed VPS Hosting
  Unmanaged VPS Hosting
  Managed Dedicated Servers
  Unmanaged Dedicated Servers
  Domain Name Registrations/Transfers/Renewals
  IP Addresses
  Add-Ons such as WHMCS
  SSL
  Website Designing
  Logo Designing
  SEO
  Creative Designing
Note that the 30 day period ends exactly 30 days from the day on which account was originally activated (not the day the order was placed). This guarantee is VOID if your account violates our Terms of Service. Setup fees are non-refundable. External services, such as but not limited to, dedicated IP addresses, installation charges, WHMCS licenses, etc., are non-refundable.
Failure to fully comply with these terms is grounds for account suspension and/or deactivation (with or without refund, subject to Host Byte’s discretion). Any accounts and/or servers contained within Host Byte’s network must adhere to the above policies.We reserve the right to remove any account without prior notice. If we deactivate your account for violating policy, you will forfeit your rights to a refund–and none will be given. No refunds for advanced payment.
Host Byte reserves the right to deactivate and remove any site hosted on our servers that contains any content that it deems in its sole discretion to be unacceptable, undesirable or contraindicated.
However, if the refund request is made after 30 days, then such a request would not be processed under any circumstance regarding technical, sales, billing or any reason whatsoever. Upon release of refund amount in any case by the company, the company shall not be held accountable for any delay involved in reaching of refund to the client. The company shall not answer or handle any tickets in this regard.
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, customer/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. Customer/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 loss, damages, or injury.
New Domain Accounts: All new webhosting accounts involving new domains will be set up and entered into our DNS servers within 24 hours. Due to unforeseen complications, however, this process may sometimes require up to 7 business days.For a new domain registration request, a Registrar may take at least three to seven business days factoring in on elements like holidays, internal processing issues etc. and in all such cases, the Company cannot and shall not be held liable if your domain name gets registered by some other party. In case of any dispute arising out of this, the company’s liability shall be restricted purely to making refund of the amount received by it for a new domain request and not beyond.The company shall not be liable for any delay whatsoever occurring in the domain transfer process.
Transfer of Domains:New webhosting accounts which involve the transfer of a domain from another provider to Host Byte 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 may take. If the transfer of the domain is done by Host Byte on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.
Support Boundaries: Host Byte, provides dedicated technical support to our customers/subscribers, however in accordance with purchase plan or service type. We limit our technical support to our area of expertise. The following is our guidelines when providing support: Host Byte provides support related to your server or virtual site physical functioning. Host Byte does not offer tech support for application specific issues such as cgi programming, html or any other such issue. Host Byte does not provide technical support for YOUR customers. If you are able to get online and have other questions, the answers may be on our Knowledge base – we encourage you to check there first.The Skype Chat with customers/clients is only for basic help. Please do not provide your sensitive information to our agents/executives etc like login details, passwords, banking info etc on Skype Chat. You may also not make any commitments on Skype chat. All such commitments, disclosures and interactions with our team would solely be at your own risk and Host Byte do not deem valid or vouch for the authenticity of all such interactions. Host Byte recommends that for all complex and advanced issues customer duly raise a ticket by logging into their member control panels.

Sales Commitments

Any commitment of Sales team to client regarding availability of technical features, unless in accordance with technical specifications and plans mentioned on company website would not incur any liability upon the company.
All such unsubstantiated commitments by sales team on phone or mails would not carry any weight in the eyes of company and exempt it from legal action.If upon proper assessment and merits of a particular case, a contradiction or mismatch is detected by company management between what was committed and what was stated on website, if warranted at all, a refund on pro-rata basis would be provided, but no legal accountability will be entertained.

Ticket, Live Chat & Phone Support

Our telephone and Live Chat support is available for users to update them about the status of their problems. Phone and chat support would not at any point of time be available to render technical and support information to customers. No Third Party Application be supported in any case by Host Byte Support Team.
All clients of Shared Hosting would be allowed to create up to five (5) tickets per month and up to 5 phone support up to five (5) times. However, in case of managed Dedicated and VPS hosting clients there would be no limit on phone and ticket support. All clients of unmanaged Dedicated and VPS Hosting would be eligible to create up to eight (8) tickets per month. Resellers can create up to 7 tickets per month.
For technical and billing related issues, clients can raise tickets only via member control panel and not through emails sent to technical and billing departments. For billing and support related issues we do not entertain any emails addressed to sales and abuse departments. All such mails addressed and sent to cross-functional departments (Sales, Abuse etc) would not be answered by company. Also all such issues would not be handled by our team on Live chat.No queries of technical and billing nature would be entertained by team on a Sales chat session. The timings for Sales Chat would be 10:00 AM to 7:00 PM. whereas the technical support is available for 24x7.
Other than the stipulated channels of support, the company would not entertain any query, discussion, complaint related to billing, support, or sales on a face-to-face basis.Customers/clients may strictly desist from approaching any individual in person regarding technical support or any other issue. All such attempts would not be entertained or acknowledged by the Company.
SPAM and Unsolicited Commercial Email (UCE): Host Byte 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 Host Byte may not use or permit others to use our network to transact in UCE. Customers of Host Byte may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.
Violation of Host Byte’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Host Byte will initiate an immediate investigation (within 48 hours of notification). During the investigation, Host Byte may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Host Byte may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, Host Byte reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Host Byte 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 $300 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $750 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 $200 per hour that Host Byte personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.As our Customers are ultimately responsible for the actions of their clients over the Host Byte network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

Ticket, Live Chat & Phone Support

IP Address Ownership: If Host Byte assigns Customer an Internet Protocol address for Customer’s use, Customer shall have no right to use that Internet Protocol address except as permitted by Host Byte in its sole discretion in connection with the Services, during the term of this Agreement. Host Byte shall control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Host Byte, and Host Byte reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN’s new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
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"). Host Byte will monitor Customer’s bandwidth and disk usage. Host Byte 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 Host Byte’s sole and absolute discretion. If Host Byte 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. Bandwidth usage is measured on a calendar month basis. Both incoming and outgoing traffic are counted. In the event that a customer exceeds the included allocation, Host Byte may, at its sole discretion bill the customer over usage. Unused bandwidth allocations cannot be carried over to future months, or applied to other servers.
System and Network Security: Users are prohibited from violating or attempting to violate the security of the Host Byte Network. Violations of system or network security may result in civil or criminal liability. Host Byte 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 to access.
  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 "crashing".
  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

  Notification of claimed infringements should be send on abuse@vpshostindia.com
  VPS Host India 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 VPS Host India 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 VPS Host India’s discretion to a temporary suspension pending a User’s agreement in writing, to refrain from any further violations.
  Second Violation: Users that VPS Host India 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 notice.
  We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer’s network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
  Suspension of Service or Cancellation: VPS Host India reserves the right to suspend network access to any customer if in the judgment of the VPS Host India network administrators the customer’s server is the source or target of the violation of any of the other terms of the AUP or for any other reason which VPS Host India 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 machines were suspended.
  VPS Host India reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of VPS Host India 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. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.
  Indemnification: VPS Host India wishes to emphasize that in agreeing to the VPS Host India Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies VPS Host India for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to VPS Host India or the bringing of any claim against VPS Host India by any third-party. This means that if VPS Host India is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against VPS Host India, plus all costs and attorney’s fees.
You agree that if your agent (i.e. and Internet Service Provider, Web design company, employee, etc) purchased the services of the Company on your behalf, you shall nonetheless be bound as a principal by all the terms and conditions herein.Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
A waiver by the Company of any breach of any provision of this Agreement by customer/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.
Host Byte takes no responsibility for any material input by others and not posted to the Host Byte Network by Host Byte. Host Byte is not responsible for the content of any other websites linked to the Host Byte Network; links are provided as Internet navigation tools only. Host Byte 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 policy.Host Byte is not responsible for any damages your business may suffer. Host Byte does not make implied or written warranties for any of our services. Host Byte 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 caused by Host Byte.
It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.
Responsibility for Content: You, as Host Byte’s customer, are solely responsible for the content stored on and served by your Host Byte server.
Windows Servers: Requirements for using Microsoft software. Customers/ Subscribers are prohibited from allowing more than five (5) authenticated users of the Microsoft Windows Server Operating Systems under Microsoft licensing terms and could create liability issues with Microsoft if violated.
Customer agrees not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on Software Products or that appear during the use of Software Products. Customer further agrees not to reverse engineer, decompile, or disassemble the Software Products.Host Byte may provide you access to other third party software and/or services ("Third Party Products ") through reseller relationships Host Byte has established with certain commercial vendors, including without limitation, Microsoft Corporation ("Third Party Vendors"). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by Host Byte and not by the Third Party Vendor. Neither Host Byte nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. Customer expressly acknowledges and agrees that use of third party products is at customer’s sole risk and such third party products are provided "as is" and without representation or warranty of any kind from Host Byte or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither Host Byte nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. Customer agrees to observe the terms of any license and/or applicable end user subscriber agreement for third party products and that customer shall be fully liable to third party vendors and Host Byte with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user subscriber agreements.
Force Majeure: Neither party shall lose any rights hereunder or be liable to the other party for damages or losses on account of failure of performance by the defaulting party if the failure is occasioned by any occurrence or contingency beyond its reasonable control, including war, strike, fire, Act of God, earthquake, flood, lockout, embargo, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of the nonperforming party; provided that such party shall use commercially reasonable efforts to promptly mitigate any damages or losses.
Denial of Service: We reserve the right to refuse service to anyone at any time for any reason.

Jurisdiction

The laws of the Republic of India shall govern this agreement In any event of dispute the area of Jurisdiction would be Vadodara, Gujarat, India only.

Acknowledgement

By placing, hiring and continuing to maintain or place information at Host Byte’s servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.
BYTEWEB IT SOLUTIONS PRIVATE LIMITED You can contact us about this AUP statement by writing or email us at the address below: BYTEWEB IT SOLUTIONS PRIVATE LIMITED -806, Manubhai C Tower, Opp. M S University Arts Faculty, Sayajigunj, Vadodara 390005 Gujarat India 91-265-3011400 Email legal@hostbyte.in

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