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Terms of Use

Updated July 31, 2007

The following sets out the terms and conditions of use ("Terms of Use") governing your access to and use of One Bytes Hosting services. You agree to be bound by these Terms of Use by browsing, accessing or using the Web Site or any of its related products and services. Please read these Terms of Use (including the incorporated terms, conditions, rules, guidelines and requirements) carefully before using this Web Site or any of its related products and services or participating in its related activities. If you do not agree to these Terms of Use, do not use this Web Site or any of its related products and services or participate in any of its related activities.

1. Account Setup:
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

2. Spam:
One Bytes Hosting has a zero-tolerance policy for unsolicited bulk e-mail and unsolicited commercial e-mail (UBE/UCE, or ‘spam’), including such unsolicited mail from its customers, clients of its customers and/or subcontractors. One Bytes Hosting defines UBE/UCE as unsolicited broadcast or commercial e-mail that is sent to addresses that do not affirmatively and verifiability request such material from that specific sender, including but not limited to advertising, surveys, information, third-party spam, website addresses, sales and auctions. Spamming is strictly against our Terms of Use, and will result in the immediate disablement of your account without any refund.

3. Use of Services:
Customer agrees to use our services only for lawful purposes, in compliance with all applicable laws. Specific activities that are prohibitted include but are not limited to threatening harms to persons, spamming, scamming, phishing, Dos attacks, hacking related sites, proxies, torrents, torrent trackers. If any such site is found on any of our servers, it will be terminated immediately and you will not get any refund. The customer agrees to indemnify and hold harmless
One Bytes Hosting from any claims resulting from the use of our services.

IN ADDITION to the above terms, user may not: (on shared hosting and reseller hosting)
a) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
b) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
c) Run any software that interfaces with an IRC (Internet Relay Chat) network.
d) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
e) Participate in any peer-to-peer activities.
f) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
g) Run cron entries with intervals of less than 15 minutes.
h) Bank Debentures/Bank Debenture Trading Programs, Phishing sites.
i) Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com).
j) Use more than 25% of the CPU resources for more than 90 seconds.
k) Use his/her account mainly for storing and/or distributing large files/movies/music (Rapidshare or similar, Rapidleech or similar scripts).

User may not: (on VPS)
a) Run any software that interfaces with an IRC (Internet Relay Chat) network.
b) Bank Debentures/Bank Debenture Trading Programs, Phishing sites.
c) Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com).
d) Abuse the CPU resources.

User may not: (on dedicated server)
a) Run any software that interfaces with an IRC (Internet Relay Chat) network.
b) Bank Debentures/Bank Debenture Trading Programs, Phishing sites.
c) Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com).

4. Account Transfers:
Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host. Any transfer will be charged at the rate of $10 per hour or per instant, whichever is higher.

5. Backups and Data Loss:
Your use of our service is at your sole risk.
One Bytes Hosting is not responsible for files and/or 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 One Bytes Hosting servers. All shared and reseller hosting accounts are backed up regularly in attempt to ensure that all your data is safe, however we still request that you keep local backups on your PC incase we are unable to restore your backups. Users are advised to take regular backups from their cPanel, once a week. We will not take backups of shared or reseller accounts which are more than 10GB in size. In case of a VPS or a dedicated server the user is completely responsible for any backup.

6. Security:
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

7. Disclaimer:
One Bytes Hosting shall not be responsible for any damages your business may suffer. One Bytes Hosting makes no warranties of any kind, expressed or implied for services we provide. One Bytes Hosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from hardware failures, delays, no deliveries, wrong delivery, and any and all service interruptions caused by One Bytes Hosting and its employees. One Bytes Hosting will maintain an uptime greater than or equal to 99.9% except in the case of a hardware/server failure or a scheduled maintenance or any natural disaster.

8. Miscellaneous:
One Bytes Hosting reserves the right to refuse services to anyone at its sole discretion. Decision of One Bytes Hosting in any dispute will be final and binding. Money back guarantee only applies to shared hosting or reseller hosting plans listed on our site if you face any server problem in the first 7 days that we are unable to solve. This is not available on any special or custom plan. You have to first cancel your hosting account to be eligible for a refund. Once you have hit the cancellation button your account can not be reactivated, you have to place a new order in that case. In case of a reseller account a refund will be provided after deducting $10 as setup charges. If you had taken our "Free Account Transfer" service including file transfers or database restores, you are not eligible for a refund. In case where you registered a domain through us, we will deduct the domain registration fees before issuing a a refund. Refund will not be honored on domain registration, VPS and dedicated server. If we receive any dispute or chargeback from the payment processor you will not be eligible for any refund and we reserve the right to terminate or suspend your account immediately without any notice. Abusing the server in any form will lead to an immediate suspension/termination of your account without a refund.

Any abuse of our staff in any medium or format or any type of threat will result in the suspension or termination of your services. Decision of
One Bytes Hosting will be final and binding.Failing to comply with any of the above terms may lead to an immediate suspension or termination of your account without any refund.

One Bytes Hosting reserves the right to revise its policies and plans at any time without any notice.