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Hosting Terms and Conditions of Service

The terms and conditions outlined below are designed to protect and benefit all clients.  In particular, they attempt to ensure that the servers are used only for legal and appropriate purposes, and that no client uses an 'unfair' proportion of the system's resources.

Limitation of Liability
The client agrees to indemnify and hold this hosting service and its associates harmless from any claims resulting from the use of the service, including claims relating to damage to the subscriber or to any other party.

Use of Servers
Clients should not attempt to access the sites of other clients, and should not attempt to hinder the operation of our servers in any way.  We reserve the right to refuse or cancel service to any client.

Acceptable Content
Your site(s) must not contain material, or contain any link to material, which is unlawful, pornographic, gambling-related, threatening, hateful, obscene or which encourages unlawful behavior.  This includes any site with depiction's of nudity, as well as material relating to hacking or pirated software.  We have sole discretion to determine whether a site's content is acceptable.  Sites with unacceptable content will be removed from our servers.

No Mirroring
You must not use your site(s) to mirror material on any other site without our express written permission.  This permission will usually be declined unless the resources required are minimal.

Bandwidth and Disk Usage
The Client upon completion of the sign up form, agrees not to exceed the agreed bandwidth usage outlined in the selected Hosting package. Where the Client exceeds the agreed bandwidth usage/traffic allowance included in the account they will be charged at a rate of $2.00 per 1 GB block per month.

CPU Resources
User acknowledges that the Service is provided on a shared server and agrees not to engage in any activity that could overwhelm the server with heavy CPU usage or that requires a disproportionate amount of the resources of the Bright-Byte servers, including without limitation, use of highly active CGI scripts or chat scripts;

Unsolicited E-mail ("spam")
The Customer agrees not to use the facilities and capabilities of the Provider to solicit the performance of any activity that is prohibited by law or for the illegal distribution of unsolicited e-mail, commonly known as "spam" Unacceptable uses also include, but are NOT limited to: Bulk e-mailing, unsolicited e-mail, and newsgroup spamming containing commercial a dvertisements. Failure to comply will result in account suspension or cancellation without prior notice.

Data Integrity
A backup of all Web site, email, and database data is made once daily. Although every conceivable effort is taken to ensure the integrity of the hosted data, Bright Byte cannot be held responsible for the loss of data from any Web site, email, or database. All clients are reminded to maintain a current copy of their Web site, emails, and databases on their local systems.

Full backups are made by Bright-Byte, no guarantees are made of any kind as to the integrity of these backups. If loss of data occurs due to an error of Bright-Byte Internet Services, we will attempt to restore data at no charge to the customer. If loss of data occurs by an action of the customer, Bright-Byte Internet Services will attempt to restore data at a $40 fee to the customer.

Billing Cycle, Invoices and Payments
Our billing cycle is monthly, quarterly or annually in advance dependent on your account type. The initial payment is due at the time you open your account. After that, we will send you an invoice via email approximately one week before each subsequent payment is due. Delinquent accounts will be suspended after 60 days non-payment, with service to be reinstated after payment in full is received. Delinquent accounts' settings and data will be permanently deleted from the server(s) after 90 days non-payment. All fees are non-refundable.

Account Cancellation by User
You must notify us in writing (email) that you wish to cancel your account. Notification must be submitted at least 14 days prior to account renewal. Your account will then be canceled at the end of the next billing period. If you do not inform us at least 14 days prior to the renewal date, your account will be renewed at the current fee. You will still have to pay for the full period if you cancel your account in the middle of a billing period. Cancellation does not clear you of any outstanding amounts, any balance due at the time of cancellation must be paid in full. You must ensure you have a full back-up of your data before canceling your account as we do not save your data upon cancellation and will not be able to restore that data.

Prices are subject to change without notice.

Technical Support
We will provide unlimited technical support relating to the operation of your server and the use of the server's facilities. Please note though that we do not generally provide support for problems with your CGI programs or HTML code, though we will provide such support, within reason, at our discretion.

Refusal of Service
We reserve the right to refuse or cancel service at our sole discretion.
If you breach any of the above terms and conditions we reserve the right to deactivate your account immediately.




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