Important Legal Agreements
Bytesun Cloud Hosting provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of Bytesun Cloud Hosting are subject to the following terms of service:
Indemnification Policy
You agree to use all Bytesun Cloud Hosting services and facilities at your own risk. Bytesun Cloud Hosting specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Bytesun Cloud Hosting be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages.
Customer agrees that it shall defend, indemnify, save and hold Bytesun Cloud Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Bytesun Cloud Hosting, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Bytesun Cloud Hosting against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with Bytesun Cloud Hosting's server.
Bytesun Cloud Hosting reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from Bytesun Cloud Hosting's server. Bytesun Cloud Hosting shall be the sole judge of what violates this Policy.
Billing
At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan. If you are not satisfied within your first 30 days we would be happy to provide you with a full refund (For some special offers the money-back-guaranteed day will be varied; and Domain Name registration fee is nonrefundable).
We accept Visa, Master Card, American Express, Discover Card. For webhosting plans we will setup your account without any paying. Clients are encouraged to pay by credit card as it is the easiest way to handle payment at this time. Their are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.
Late Payments
All accounts are billed according to the dates they were first activated on. If you will not pay for service renew in 5 days after deactivation, your account will be suspended. If you will not pay for service renew in 30 days after deactivation, your account will be terminated. You will receive an email reminder 5 days till deactivation.
Acceptable Use Policy
All services provided by Bytesun Cloud Hosting may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Bytesun Cloud Hosting and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all Bytesun Cloud Hosting servers. This includes sites that include sexually explicit or hardcore images and/or advertising.
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, 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.
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 damages, loss or injury.
Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.
Limitation of Liability
Bytesun Cloud Hosting shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Bytesun Cloud Hosting servers going off-line or being unavailable for any reason whatsoever. Furthermore, Bytesun Cloud Hosting shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Bytesun Cloud Hosting servers. All damages shall be limited to the immediate termination of service.
Disclaimer
Bytesun Cloud Hosting cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Bytesun Cloud Hosting are resold. Thus, certain equipment, routing, software, and programming used by Bytesun Cloud Hosting are not directly owned or written by Bytesun Cloud Hosting. Moreover, Bytesun Cloud Hosting holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Bytesun Cloud Hosting sees fit. FURTHERMORE, Bytesun Cloud Hosting retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.
Non-Payment/Service Interruption
Services interrupted for non-payment may be subject to a $25 late fee. Data stored on a client's services will not be available to the client until reconnection is established or alternative arrangements are made to the sole satisfaction of Bytesun Cloud Hosting. Clients deactivated for non-payment or charge-back are subject to their data being destroyed seven (7) days from suspension/charge-back date. Bytesun Cloud Hosting is not responsible for data integrity, regardless of circumstance. Bytesun Cloud Hosting strongly recommends keeping up to date and off network backups to protect against data loss.
Refunds/Charge-Backs
No Services rendered by Bytesun Cloud Hosting are eligible for a refund. Prepayments and account credit are ineligible to be refunded, or transferred to alternate accounts. Any and all charge disputes must be reported directly to Bytesun Cloud Hosting within thirty (30) days of the date which the charge originally occurred. If a charge which is deemed valid by Bytesun Cloud Hosting, and validated by our Terms of Service or AUP, is disputed to a financial institution by performing a charge-back, then the client agrees to pay an 'Administrative Fee' of $200 in addition to original amount of funds which were reclaimed.
Suspensions
In the event a service is suspended for non-payment, it will be subject to termination seven (7) days from the time of suspension. At which time, a termination fee of $25 will be applied to the account which must be paid within 15 days to avoid full account suspension. Bytesun Cloud Hosting assumes no liability for the integrity of the data stored on a suspended server.
Cancellations
Bytesun Cloud Hosting requires a five (5) day notice of cancellation prior to the billing renewal date for the upcoming billing cycle, submitted via support ticket. A five (5) day notice before the upcoming billing date is also required for any downgrades. All client data will be destroyed immediately after the cancellation date. If the notice of cancellation is not provided within five (5) days, the server will still be canceled however a termination fee of $25 will be applied to the account and must be paid within 15 days to avoid full account suspension. Official Bytesun Cloud Hosting Resellers may cancel their servers up to twenty-four (24) hours after the server's billing renewal date. After twenty-four (24) hours, the server can still be requested to be canceled by the reseller, however the termination fee of $25 will be applied to the account and must be paid within 15 days to avoid full account suspension.
Fraud
In the event fraud is discovered the fraudulent account, and all related accounts, are subject to immediate suspension or termination at the sole discretion of Bytesun Cloud Hosting. All information available to Bytesun Cloud Hosting about the fraudulent account/service shall be submitted to both local authorities, as well any financial institutions involved. All fraudulent orders are investigated, and all fraudulent clients will be prosecuted to the fullest extent of the law, whether within India, or abroad.
*AUP = Acceptable Use Policy
