TERMS OF SERVICES (TOS)
I. General
The TOS is provided to give our subscribers and users a clear understanding of what we expect of them while using our services. By subscribing to, purchasing or using any of our services, you must comply with our TOS. Your violation of the TOS may result in the suspension or immediate termination of your account without prior notice. The following are guidelines for the establishment and enforcement of the TOS. Services provided by Bytestech may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of existing law is prohibited.
II. Contents
Examples of unacceptable content include, but are not limited to:
- Copyrighted media, without authority to distribute or display
- Unlicensed applications, cracking programs or key generators
- Racism, Violence or Warez sites
- Child pornography or illegal porn website
- Threatening, harassing, or obscene content
- Material protected by trade secret or other statute
- IRC, Proxy and associated programs (including psybnc, "bots", etc...)
- Scripts commonly used for abuse, attacks, or flooding
To be added: E-Gold games and E-Gold oriented financial websites are not prohibited. But we reserve the right to cancel your site and suspend or terminate your account if we see your site is on a scam list, and you will receive no refunds.
E-Gold oriented financial websites include, but are not limited to HYIP(High Yield Investment Program), Autosurf, Monitoring Program, eCurrency exchanger, Get Paid to Programs, etc.
III. SECURITY
By using our services you agree to adopt adequate security measures to prevent or minimize unauthorized use of your account. Your password provides access to your account. It is your responsibility to keep your password secure. Sharing your password and account access 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. Subscribers will be held responsible for any activity by third parties using their accounts in a way that violates the TOS. You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. Subscribers who are resellers are responsible for enforcing the TOS to all of their clients. If their clients are found to be violating the TOS, we will suspend and or/terminate the offending site and let the reseller know. It is advisable that you adopt similar or stricter policies than ours. Our Subscribers may use and/or modify a copy of our TOS for use on their website(s).
IV. Online activities
Any attempts to undermine or cause harm to the Bytestech equipment, network, operations, or clientele is STRICTLY prohibited. Bytestech will pursue legal action to the fullest extent for all abuse/violation of such.
Any activity deemed damaging or abusive, whether unlawful or considered to be detrimental to the operations of Bytestech is prohibited.
This includes, but is not limited to:
- Denial of Service Attacks (DOS/DDOS)
- Unnecessary Port Scans
- Mail Bombing
- Unsolicited Advertising via IM, Forums, Newsgroups, Email, etc..
V. No Spam Policy
To reach its goal of providing the best hosting services to our users, Bytestech offers users a range of hosting services. Abuse of these services is considered a violation of our TOS. One of the most serious abuses is using your account to send unsolicited e-mail, otherwise known as "spam". The following are examples of spam and are blatantly contrary to our terms.
         1. Inappropriate E-Mail Activities:
- Unsolicited e-mail: Defined as sending unsolicited e-mails. This is prohibited. You are not permitted to use your account or e-mail alias/account of your Virtual Server to send unsolicited e-mail. Using an e-mail address hosted anywhere on Bytestech to collect responses from unsolicited e-mail is prohibited. This includes using a throw-away, free e-mail account to promote your Bytestech Service account and redirectors for the same account.
- Mail Bombing: Defined as sending large volumes of unsolicited e-mail to individuals from your Nutmeg Web Service account. This is strictly prohibited.
- Harassment: Defined as sending threatening or harassing e-mail after being requested to stop, is prohibited. Extremely threatening or harassing e-mail never is allowed.
          2. Inappropriate Newsgroup Activities:
- Newsgroup Spamming: Defined as excessive cross-posting, or posting the same article to several newsgroups. This is prohibited. Generally accepted standards allow no more than 15 newsgroups, or cross-postings, for a single article or substantially similar articles. Such articles may be canceled. You are not allowed to use your Nutmeg Web Service based mail facilities to SPAM the newsgroups.
- Off topic or inappropriate postings: There is no restriction on content, except as defined by each newsgroup. Continued posting of off-topic articles is prohibited. Please note that commercial advertisements are off-topic in the vast majority of newsgroups.
We take a very dim view of SPAM. It is one of the most annoying things encountered on the Internet. Any Bytestech client found to be spamming will have his/her account terminated immediately - no questions asked (we will investigate the report thoroughly before terminating any account). There is no warning or second chance. If we find that you have violated our Acceptable Usage Policy, we will report you and the incident to the proper local, state and federal authorities and will prosecute you to the full extent of the law.
VI. Policy Violations
Bytestech may, at any time, audit systems for any data/activity showing potential policy violations.
Warnings: The Bytestech Abuse Dept makes an attempt to contact the client, via email, when the first sign of a possible violation is noted. These alerts are a courtesy. Responses to such alerts are required. If an alert is received from any Bytestech staff member, the client is responsible for acknowledging his/her understanding and citing any action planned or taken, within 24 hours of the notice. Failure to do so may lead to suspension. Repeated failure to do so may result in termination.
Note: It is extremely important to ensure that the email address on record with the Bytestech Customer Service Dept is valid. This is the address used for abuse notifications and warnings.
VII. Suspension/Deactivation
If any terms or conditions are failed to be followed, the client risks service suspension or termination. Bytestech reserves the right to remove any account, without prior notice. If Bytestech deactivates an account for violating policy, the client will forfeit any rights to a refund. No refunds for advance payments will be granted for deactivated accounts.
VIII. Refunds
Bytestech apply refunds to shared hosting customers only. That is, any customer who purchases a shared hosting account is entitled to a refund if satisfaction is not met within the first 30 days of service. However, this guarantee will be void if you breach any of our TOS. All the other services provided by Bytestech are non refundable, including, but not limited to, domain registrations, dedicated IP addresses, SSL certifications, and so on.
Exceptions: if the HYIP, Autosurf, hyip monitor sites, exchangers and other E-gold related games are established on your hosting account, then no refund will be issued after 7 DAYS of service. This is to prevent scamming activities.
IX. Resource usage
Clients may occupy only the amount of disk space on Bytestech servers and utilize no more than the network bandwidth which is allotted by Bytestech according to your selected plan. However, account upgrades are always available. Client will be asked for the payment of over-utilization of either disk space or network bandwidth.
For the stability of the servers and the smooth network of all the clients, the usage of server resources for single hosting account is strictly limited. An average CPU time usage of more than 25% is unacceptable in BytesTech.
X. Disclaimer
BytesTech shall not be responsible for any damages your business may suffer. BytesTech makes no warranties of any kind, expressed or implied for services we provide. BytesTech disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by BytesTech and its employees.
XI. Disclosure to law enforcement
BytesTech may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.
We will cooperate fully with law enforcement agencies.
XII. Changes to the TOS
BytesTech reserves the right to revise its policies at any time without notice.
