Since 2007, Bytenap’s scalable hosting solutions have helped organizations around the world turn big ideas into powerful brands and applications.
Terms of Service
Last Updated April 01, 2016
“Bytenap Host”, “Our”, “Us” and “We” mean Byte Technologies. “You”, “Your”, “Yourself”, “Client”, “Customer” and “Subscriber” mean the natural or legal entity that hereby engages Us to provide web hosting services, namely:
Shared hosting: provision of a graphic user interface to enable access to Customer materials, including web pages and electronic mail, over the Internet. Linux virtual private servers: provision of hardware resources in a shared environment, accessible over the Internet using a remote terminal (SSH), capable of supporting a wide variety of applications, limited by our Acceptable Use Policies contained herein and the hardware and software limitations described in the product specification. Windows virtual private servers: provision of hardware resources in a shared environment, accessible over the Internet using a remote desktop (RDP), capable of supporting a wide variety of applications, limited by our Acceptable Use Policies contained herein and the hardware and software limitations described in the product specification. Backup virtual private servers: provision of hardware resources in a shared environment, accessible over the Internet using a remote terminal (SSH), specifically to be used to store second copies of important data to facilitate disaster recovery and other as-needed use cases, also limited by our Acceptable Use Policies contained herein and the hardware and software limitations described in the product specification.
We reserve the right to change and modify the Terms of Service at any time with or without giving notice. You accept responsibility for checking and familiarizing Yourself with the current Terms of Service. If You do not comply with the current Terms of Service, Your service will be terminated.
Upon notification or discovery that You are performing actions that violate Our policies, We will suspend Your services until the issue has been resolved to Our and/or the notifying party’s satisfaction. If We pursue an abuse report, You incur a cost, and We later determine that You were operating within the provisions of this agreement, We will credit Your service for the number of days of suspension.
We comply with the requirements of the Digital Millenium Copyright Act (DMCA), including for Subscribers that are of foreign heritage and/or operating in a foreign country.
Limitation of Liability:
You acknowledge that the service provided can be interrupted for reasons other than Our negligence. You acknowledge that damages resulting from any interruption of service are difficult to ascertain.
You agree that We shall not be liable for any damages arising from such causes beyond Our direct and exclusive control. You further acknowledge that Our liability for Our own negligence may not in any event exceed an amount equivalent to charges that You have paid Us for services during the period damages occurred. In no event shall We be liable for any special or consequential damages, loss or injury. We are not responsible for any damages or loss of income Your business may suffer. We do not make implied or written warranties for any of our services. We deny 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 Us.
All new accounts MUST be registered with valid, verifiable information. Any new accounts registered with blatantly false information will be refunded and deleted without notice. Multiple accounts per Subscriber are not allowed.
You must maintain accurate and current identification information with Us through the duration of Your service with Bytenap. We may verify any change in information, and if We is unable to obtain verification, We may suspend or terminate Your service.
Purchasing services from Us while utilizing a VPN or other such methods is strictly forbidden.
You must submit a cancellation request from Your authenticated client area to cancel Your service with Us. You may cancel Your service with Us at any time for any reason. We do not accept cancellation requests by email, support tickets sent via unauthenticated means, or live chat. We do not grant exceptions. All account credits will be forfeited at the time of cancellation. You may request that We delete all of Your personal information at the time of cancellation.
Your Contact Information:
We are not responsible for damages or compensation resulting from Your inability to receive communication from Us, such as but not limited to notification of downtime, or notification of suspension of Your services. From time to time, We may send You information and/or notices that may or may not be totally relevant to You. You may not opt out of these communications.
If You terminate Your service with Us on good terms prior to the end of the trial period
(48 hours starting from the service delivery) of the first service ordered, We will issue a refund for the full amount paid.
If You terminate Your service with Bytenap after the end of the trial period, no refund will be issued.
If We terminate Your services without cause, We will issue a refund for the prorated amount of Your remaining balance, based on factors such as time subscribed, time remaining, and resources utilized.
We will not, under any circumstance, issue refunds for accounts that are suspended or terminated due to prohibited content or activities.
The refunds are only available for VPS services. Any other services that We provide are not eligable for a refund.
Payments for account credit are not refundable.
Payment Chargebacks and Billing Disputes:
Raising a billing dispute with our payment processors or charging back a payment made to Us will place Your account in bad standing. We reserve the right to immediately terminate all services without refund in such instances.
When You sign up for our service, an invoice will be generated that is due immediately. Service will not commence until You pay the invoice.
We accept payments online by credit/debit card. By supplying Us with Your credit or debit card details, You authorise Us to automatically bill your card for future invoices for Your services with Us.
If We have reasonable grounds to believe that You have commited fraud to pay us, Your services and account will be terminated immediately and without notice.
If You initiate a dispute or chargeback, or threaten such action, Bytenap may terminate Your services immediately and without further notice.
All payments made to Us must be made from the same name, or a reasonable similarity thereof, the name on Your account with Us. You may open a billing ticket with Us to request permission to pay from a different account, however, this is at Our sole discretion.
All existing invoices must be paid before ordering new services. If You create a new order without paying existing invoices, the new services may be terminated and refunded, at Our sole discretion.
When You subscribe to Your first service with Us, that service will be subject to a trial period as specified on our website. This trial period may be rescinded or extended at Our sole discretion. The trial period shall be void if You use more than 90% of their allocated monthly data transfer within the trial period.
If You purchase or license a third party service that we resell, We cannot guarantee that the fee charged by this vendor will remain the same throughout Your service. If the vendor changes its fee, this increase will be passed on to You.
We may decline to accept an order for Our services if We determine that the facilities are required for other needs.
Last Updated April 01, 2016
What Information Do We Collect?
We may collect the following types of information from our users, some of which will be Personal Information and some of which will not be Personal Information.
User Content and Account Information:
As part of your Account information, Bytenap Host collects and stores information, including the full name, company name, billing address, email address, IP address, landing page, and referring URL, for all users upon registration and use of the Services. You acknowledge that this information may be personal to you, and by creating an Account on the Services and providing Personal Information to us, you allow us, our affiliates, our service providers and our contractors to identify you and, therefore, your use of the Services may not be anonymous.
In addition to any information you convey in emails to us, we may also receive a confirmation when you open an email from us. We collect and use this information to improve our customer service.
IP Address Information and Other Information Collected Automatically:
We may automatically receive and record information from your web browser when you interact with the Services, including your IP address. An IP address is a number assigned to you by your Internet service provider so you can access the Internet. We receive IP addresses in the normal course of the operation of our Site. We may automatically collect and record information about your use of features of our Services, about the functionality of our Services, and other information related to your interactions with the Services. We use the information we automatically collect and record to analyze trends, to administer, monitor and improve the Site and Services, to track users’ use of the Site and Services, and to gather broad demographic information for aggregate use. We do not use IP addresses to identify you personally or disclose them to others. This information is used for fighting spam/malware and also to facilitate collection of data concerning your interaction with the Services (e.g., what links you have clicked on).
Generally, the Services may automatically collect usage information, such as the number and frequency of visitors to the Site. We may use this data in aggregate form, that is, as a statistical measure, but not in a manner that would identify you personally. This type of aggregate data enables us and third parties authorized by us to figure out how often individuals use parts of the Services so that we can analyze and improve them. Information Collected Using Cookies:
As is true of most web sites, we gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. To collect this information, when you visit our Site, a “cookie” may be set on your computer. Cookies contain a small amount of information that allows our web servers to recognize you whenever you visit. We store information that we collect through cookies, log files and/or clear gifs to create “settings” regarding your preferences. We do not tie your Personal Information to information in these settings.
To support and enhance the Services, we may serve advertisements, and also allow third parties advertisements, through the Services. These advertisements are sometimes targeted and served to particular users. Bytenap Host may partner with third parties to display advertisements targeted to visitors of the Services. To do so, Bytenap Host stores a cookie for visitors for the purpose of displaying advertising.
We may collect statistical information about how users use the Services (“Aggregate Information”). Some of this information may be derived from Personal Information. This statistical information is not Personal Information.
Protecting the privacy of children is especially important. For that reason, we do not collect or maintain information at our Site from those we know are under 13 years of age, and our Site is a general audience site not intended for users under the age of 13..
How, and With Whom, Is My Information Shared?
Summary of Information Sharing:
Information submitted to us is only available and utilized by employees and systems responsible for providing services to our customers and to contracted service providers for the purposes of providing Services relating to our communications with you.
Bytenap Host may share your information with contracted service providers if sharing your information is necessary to provide a Service you have requested, as part of a joint sales promotion or to pass sales leads to one of our distribution partners, or to keep you up-to-date on product announcements, software updates, special offers or other information. If your information is shared with third parties, we will strive to only provide the information they need to deliver the Service. We will aim to restrict these companies from using your information for any other purpose, and you may choose not to have your information given to such a third party.
Bytenap Host’s employees and contracted service providers have been trained to handle such data properly and in accordance with our security protocols and strict standards of confidentiality. Although we cannot guarantee against any loss, misuse, unauthorized disclosure, alteration or destruction of data, we take reasonable precautions to prevent such unfortunate occurrences.
Public Information About Your Activity on the Services:
Some of your activity on and through the Services may be public, such as content you post publicly on the Site or otherwise through the Services. By posting such information on the Site, you agree that it may be viewed and used by other users or otherwise. Please also remember that if you choose to provide Personal Information using certain public features of the Services, then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our control and without your knowledge, and search engines may index that information.
IP Address Information:
Information You Elect to Share:
We may share Aggregate Information with our partners, service providers and other persons with whom we conduct business. We share this type of statistical data so that our partners can understand how and how often people use our Services and their services or websites, which facilitates improving both their services and how our Services interface with them. In addition, these third parties may share with us non-private, aggregated or otherwise non Personal Information about you that they have independently developed or acquired.
Email Communications with Us:
Bytenap Host may send occasional promotional materials to you via email. We try to respect your time and attention by controlling the frequency of our mailings. Each email sent contains an easy way for you to cease receiving email from us. If you wish to do this, simply follow the instructions found at the end of any email. If you have received unwanted, unsolicited email sent via this system or purporting to be sent via this system, please forward a copy of that email with your comments to email@example.com. Regardless, we reserve the right to contact you for informational or account-related purposes when we believe it is necessary.
Access to Payment Processor Information:
As stated above, we use Payment Processors to collect and store financial information. However, we may from time to time request and receive some of your financial information from our Payment Processors for the purposes of completing transactions you have initiated through the Services, protecting against or identifying possible fraudulent transactions, and otherwise as needed to manage our business.
Information Shared with Our Service Providers:
We employ and contract with people and other entities that perform certain tasks on our behalf (our “Service Providers”). We may need to share Personal Information with our Service Providers in order to provide products or services to you. Our Service Providers do not have any right to use Personal Information or other information we share with them beyond what is necessary to assist us in order to provide the products or services requested by you.
Information Disclosed Pursuant to Business Transfers:
Information Disclosed for Our Protection and the Protection of Others:
Information We Share With Your Consent:
Is Information About Me Secure?
Bytenap Host is committed to protecting Personal Information. To do so we employ a variety of security technologies and measures intended to protect our information from unauthorized access, use, or disclosure. Bytenap Host has a corporate policy in place that requires all personnel not to disclose Personal Information to any third party that is not entitled to have that information. If you have any questions about the security at our Site, you can send an email to firstname.lastname@example.org. Please note, however, that Bytenap Host cannot fully eliminate security risks associated with the collection, disclosure and storage of your information and that mistakes and security breaches may occur. We do not guarantee or warrant that such techniques will prevent unauthorized access to information about you that we store, Personal Information or otherwise.
What Information of Mine Can I Access?
If you are a registered user, you can access information and ask for correction of your information, if necessary, that is associated with your Account by logging into the Services. Registered and unregistered users can access and delete cookies through their web browser settings.
How Can I Delete My Personal Information or Account?
Registered users shall have the ability to delete Personal Information related to their full name, company name, and identifiable billing information through their Accounts. Such deleted Personal Information will no longer be stored in Bytenap Host’s databases, with the exception of: email address, network logs or cases where fraudulent or otherwise illegal activity has been deemed to have occurred as determined by law enforcement or Bytenap Host, in which case such information may remain in Bytenap Host’s database for the purposes of addressing any such fraudulent or otherwise illegal activity.
To have your email permanently removed, or to delete your Account, please email Bytenap Host at email@example.com
If you terminate your Account, any association between your Account and information we store will no longer be accessible through your Account. However, any public activity on your Account prior to deletion will remain stored on our servers and will remain accessible to the public.
What Choices Do I Have Regarding My Information?
You can use some of the features of the Services without registering, thereby limiting the type of information that we collect.
You can always opt not to disclose certain information to us, even though it may be needed to take advantage of some of our Services’ features.
You may update or remove the information you provided to us by contacting us as described in the Section “What If I Have Questions or Concerns?” below or by emailing us at firstname.lastname@example.org. To protect your privacy and security, we may also take reasonable steps to verify your identity before updating or removing your information. The information you provide us may be archived or stored periodically by us according to backup processes conducted in the ordinary course of business for disaster recovery purposes. Where permitted by law, your ability to access and correct Personal Information will be limited where access and correction could: inhibit Bytenap Host’s ability to comply with a legal or ethical obligation; inhibit Bytenap Host’s ability to investigate, make or defend legal claims; result in disclosure of Personal Information about a third party; or result in breach of a contract or disclosure of trade secrets or other proprietary business information belonging to Bytenap Host or a third party.
What If I Have Questions or Concerns?
Byte Technologies. is responsible for the processing of your Personal Information. If you have any questions or concerns regarding privacy using the Services, or if you’d like to exercise your rights or choices, including the right to withdraw your consent, please send us a detailed message to email@example.com.
Acceptable Use Policy for Linux VPS services:
The following are strictly prohibited uses and may result in immediate suspension and/or termination if discovered on Your account:
Minecraft and its variations and anything related to Minecraft including control panels or websites about Minecraft. (Yes, we mean it. We will not make any exceptions.) Multics
- Chobots, Starbound, Runescape
- Teamspeak and Mumble
- Denial of Service (DoS) attacks
- Port scanning
- Illegal downloads/Piracy
- Virtual currency (*coin) mining
- IP spoofing
- Fake/Replica product websites
- World Community Grid
- HYIP websites
- Booter/Stresser websites
- HitLeap or any artificial traffic creation
- iBusinessPromoter or similar software
- Chinese private game servers or websites
- Nested Virtualization
- Any kind of high CPU, IO and network usage
- Important Highlights for Premium VPS:
All Premium VPS service resources, including CPUs, are dedicated to You and are therefore not subject to fair use guidelines. We retain backups of Premium VPS service data on a best-endeavour basis.
For more information, visit our AUP: http://bytenap.com
To ensure the best performance for all of our customers, we enforce the following limits:
– Your VPS should not have a load average of 4 for more than one hour, or Your VPS will get restarted.
– Your VPS should not have a load average of 2 for more than two hours, or Your VPS will get restarted.
– Your VPS is configured to send a maximum of 50 emails per hour. If You have justification, please open a ticket and we’ll raise this limit for You.
Unless otherwise stated, CPU cores are shared and they are not dedicated to You. We allow You to use all of Your cores for Your peak times, but You cannot use them for an extended amount of time.
Our system will automatically suspend VPSs with 5 minute load average more than 30.0
We reserve the right to cancel, suspend, or terminate any service provided with or without a refund, notice or warning for any reason.
We prohibit any kind of bulk mailing activity.
We take reasonable measures to keep Your data safe. However, we are NOT responsible for lost data, time, income or any other resource due to hardware, software failure or human error. You accept sole responsibility for keeping Your data safe and backed up.
In an event of repeated TOS/AUP violations, We may terminate one or more services that You hold with Us. We may or may not provide a backup of Your data to You based on the circumstances. You are solely responsible having an offsite backup of Your data.
If Your service is subject an attack that is higher than 10Gbit or 2 smaller attacks, We may terminate Your service without a refund. We may or may not provide a backup of Your data to You based on the circumstances. You are solely responsible having an offsite backup of their data.
If We receive any threats from You such as a threat to publish or actual publication of communication that We have with You, or a threat to dispute a charge or an actual charge dispute, We will terminate Your service without a refund. You are solely responsible having an offsite backup of Your data.
If You abuse Our staff in any way, We will terminate Your service without a refund. We may or may not provide a backup of Your data to You based on the circumstances. You are solely responsible having an offsite backup of Your data.
Our High Storage VPS services have limitations in place to throttle bandwidth to 50Mbit download and 50Mbit upload for the VPSs that are running torrents.