ByteChanger's Web Hosting Terms & Conditions


Web Pages

You will be responsible for the content of your pages, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate Canadian or USA law (whichever is applicable).

You will be held responsible for and accept responsibility for any defamatory, confidential, secret or other proprietary material available via your page(s).

Web hosting accounts are prohibited from hosting file distribution websites (including but not limited to music, video and software), graphics or cgi scripts for other websites (affiliate scheme ads and links are ok to use and run) and storing pages, files or data as a repository for other websites or personal computers.

We reserve the right to remove material deemed inappropriate from your web pages, without prior notice. ByteChanger’s ecommerce solutions do not allow warez,  irc servers, video streaming, or illegal MP3 web sites on our servers.

General Terms

Your server space and ftp account is for your use only. You must not divulge the password to any other person, and you should take reasonable precautions to ensure that it is not discovered by other people.

Data stored on our servers is not guaranteed to be backed up. It is recommended that you keep an independent backup of all data stored on your web space.

We shall not be held liable for any loss or damages caused by the use or misuse, unavailability or removal of services.

When your account is closed, all files (including web pages, etc.) will be deleted.

We reserve the right to amend and update these Terms and Conditions at any time without notice.

To protect your privacy we never distribute your name or e-mail address to any third parties.

Users must not participate in any form of un-solicited bulk e-mailing or spam.

By logging into your account, or uploading files to it, you are indicating your acceptance of these Terms and Conditions.


Cancellation and Refunds

If you take out one of yearly packages we expect you to commit for this period of time. If you cancel your account within your intial first year contract then ByteChanger’s ecommerce solutions will not make any refunds on any unused portions of your account. While we do not offer refunds for pro-rated service you have no obligation to continue using our service.

Cancellation Notice


1. Service may be terminated by either party on giving at least 30 days notice to the other expiring on the last day of the Initial Contract Term or at any time thereafter. If either party gives notice, you shall pay all charges up to the expiry of the notice.

2  ByteChanger reserves the right during the Initial Contract Term and at any time thereafter to terminate this Contract by giving to you not less than 30 days prior written notice of termination.

3  After the expiry of the Initial Contract Term you may terminate the Service by giving not less than 30 days prior written notice of termination, but subject to clause 4.

4. Your notice does not avoid any other liability for Service already provided.

5  The Contract is a yearly contract and if you continue Service beyond your Initial Contract Term you will be liable to pay for the remainder of the then current Extension Term even though Service ends before the end of the Extension Term.

Customer refund requests are to be sent to webmaster@bytechanger.com and will only be processed in the cases of service non-performance where ByteChanger’s ecommerce solutions is clearly at fault. Refund requests for problems beyond ByteChanger’s ecommerce solutions control will be refused.


For example:
Domain transfer failure.
Failure of any third party script or program that's not supported by ByteChanger’s ecommerce solutions.
A customer's lack of experience in dealing with web basics and communication protocols.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold ByteChanger’s ecommerce solutions harmless from any and all demands, liabilities, losses, costs and claims, including reasonable solicitors fees asserted against ByteChanger’s ecommerce solutions, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless netmotivated against liabilities arising out of:

(1) any injury to person or property caused by any products sold or otherwise distributed in connection with ByteChanger’s ecommerce solutions server.
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party.
(3) copyright infringement.
(4) any defective products sold to customer from ByteChanger’s ecommerce solutions server.

Disclaimer

ByteChanger’s ecommerce solutions will not be responsible for any damages your business may suffer, ByteChanger’s ecommerce solutions makes no warranties of any kind, expressed or implied for services we provide. This includes loss of data resulting from delays, non-deliveries, wrong delivery, viruses and any and all service interruptions caused by ByteChanger’s ecommerce solutions and its employees.

ByteChanger’s ecommerce solutions reserves the right to revise the above terms and conditions at any time.

 

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