NexByte Limited Terms & Conditions
24 Sovereign House, Nelson Quay, Milford Haven, Pembrokeshire,
SA733AJ
NexByte Limited is hereafter referred to as "NexByte".
By logging into your account, or uploading files to it,
you are indicating your acceptance of these Terms and Conditions.
TERMS OF SERVICE
NexByte provides Internet (Web) hosting and email services
to its' customers. NexByte reserves the right to suspend or
cancel a customer's access to any or all services provided
by NexByte when NexByte decides that the account has been
inappropriately used or otherwise. We reserve the right at
any time to access, amend, remove or delete any or all data
stored on our servers without your prior consent. When your
account is closed, all files (including web pages, etc.) will
be deleted. We reserve the right to cancel your account at
any time without notice. To protect your privacy we never
distribute your name or e-mail address to any third parties,
unless instructed to do so by order of a Court.
SERVER USE
Personal accounts are to be used by the primary owner only.
Personal account holders are not permitted to resell, store
or give away web-hosting services of their website to other
parties. Web hosting services are defined as allowing a separate,
third party to host content on the owner's web site. Exceptions
to this include ad banners, classified ads, and personal ads.
You must not divulge your username or password to any other
person, and you should take reasonable precautions to ensure
that other people do not discover it. Customers may however
resell our Reseller packages. NexByte reserves the right to
refuse service and/or access to its servers to anyone.
BACK-UPS
NexByte will back-up your website data on a daily basis; however,
it is good practice to keep an independent backup of all data
stored on your virtual server. Data can be restored form our
backup services for a nominal fee of £25 plus VAT. SQL Server
accounts are backed three times daily and can be restored
on request for a fee of £50 plus VAT.
SERVER CONTENT
NexByte do not allow any of the following content to be stored
on its servers:
Illegal Material - This includes copyrighted works,
commercial audio, video, or music files, and any material
in violation of any Federal, State or Local regulation.
Adult Material - Includes all pornography, erotic images,
or otherwise lewd or obscene content. The designation of "adult
material" is left entirely to the discretion of NexByte.
Warez - Includes pirated software, ROMS, emulators,
phreaking, hacking, password cracking. IP spoofing, etc.,
and encrypting of any of the above. Also includes any sites
which provide "links to" or "how to" information about such
material.
Gaming websites - Includes pirated software, software
downloads etc., and encrypting of any of the above.
HIGH RESOURCE USAGE POLICY
Resources are defined as bandwidth and/or processor utilization.
NexByte may implement the following policy to its sole discretion:
When a website is found to be monopolising the resources available
NexByte reserves the right to suspend that site immediately.
This policy is only implemented in extreme circumstances and
is intended to prevent the misuse of our servers.
PAYMENT POLICIES
All accounts are set up on a prepay basis. Although NexByte
reserves the right to change prices of accounts or services
at any time, all pricing is guaranteed for the period of prepayment.
Payment is due each anniversary year or month following the
date the account was established. Customers will automatically
be invoiced again at the end of their prepay period unless
closure notification has already been given.
In situations where the card number on file is declined NexByte
will immediately suspend the facility to purchase services
on-line until the outstanding charge is processed successfully.
In addition, NexByte reserves the right to suspend other services
until the outstanding debt is cleared. The customer is responsible
for all money owed on the account from the time it was established
to the time that the customer sends a written cancellation
request to our registered office.
All payments are in UK sterling
PAYMENT OPTIONS
Credit/Debit Cards: NexByte accepts MasterCard, Visa (not
Visa electron), Switch and Solo.
Cheque Payment: This option is only available to Dedicated
Server customers who pay annually. A credit/debit card number
will still be required if customers require the facility to
purchase domains and other services on-line. NexByte cannot
guarantee that a service will be provided until after any
received cheques have been cleared.
Standing Order: This option is only available to Dedicated
Server customers who pay monthly. A credit/debit card number
will still be required if customers require the facility to
purchase domains and other services on-line. Should any monthly
payments be missed NexByte will charge the amount to the credit/debit
card on your account.
CANCELLATION AND REFUNDS
NexByte reserves the right to cancel the service at any time.
In this event customers will be entitled to a pro rata refund
based upon the remaining period of service. If a customer
contravenes NexByte's terms of service a refund will not be
issued in the event of a cancellation.
Customers may cancel their account at any time. Any incentives
offered to customers when opening the account will also be
cancelled. No refunds will be given unless the cancellation
falls within the terms of NexByte's Money Back Guarantee (see
below).
Money Back Guarantee: New customers may cancel Starter Hosting,
Standard Hosting, Business Hosting, Professional Hosting within
fourteen days of their NexByte Account creation date and be
entitled to a full refund except in the following circumstances:
Customers will not be entitled to a refund if they have previously
had an account with NexByte; if an account has previously
been created at the same postal address; if data transfer
has exceeded 1GB within the fourteen day refund period; if
the product type has been changed within the first fourteen
days; or if more than one product of the same type has been
ordered within the first fourteen days. In addition, the Money
Back Guarantee does not apply to Domain Name Registration,
Web Forwarding, Reseller Accounts/Reseller Hosting Products,
SQL 2000 Database Hosting, Dedicated Servers or any admin
or upgrade fees. To request a refund under the terms specified
above send a letter to NexByte's accounts department with
the following information: NexByte Account code; transaction
ID; value of transaction; credit card number used to make
the purchase. This letter must be signed by the account holder.
All other fees charged are non-refundable.
INDEMNIFICATION
The customer agrees that it shall defend, indemnify, save
and hold NexByte harmless from any and all demands, liabilities,
losses, costs and claims, including reasonable attorney's
fees asserted against NexByte, 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.
The customer agrees to defend, indemnify and hold harmless
NexByte against liabilities arising out of; (1) any injury
to person or property caused by any products sold or otherwise
distributed in connection with NexByte's servers; (2) any
material supplied by customer infringing or allegedly infringing
on the proprietary rights of a third party; (3) copyright
infringement and (4) any defective products sold to customer
from NexByte's server.
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