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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. |