TERMS OF SERVICE
This Terms of Service agreement (“this agreement”) is between Technabytes (“us”, “we”) and the client (“you”). By purchasing our services, you must agree with our Terms of Service and if during any time you do not wish to continue to agree with this our Terms of Service, you must stop using our services immediately. By continuing the use of our service, you agree to terms and conditions.
The terms of this agreement begins the moment the client purchases our products or services. The client is required to accept this agreement before they can purchase any of our services.
You agree that you are using any of Technabyte’s products or services at your own risk. You agrees to indemnify and hold harmless Technabyte, Technabyte’s affiliates, and each of their respective officers, directors, agents, contractors and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including but not limited to reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer.
Limitation of Damages
Technabyte DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW Technabyte DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS.
Disclaimer of Warranties
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF Technabyte AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR ONE MONTH OF SERVICE. IF ANY LAWSUIT OR ARBITRATION OR OTHER LEGAL PROCEEDING ARISES IN CONNECTION WITH THE INTERPRETATION OR ENFORCEMENT OF THIS AGREEMENT, Technabyte, LLC SHALL BE ENTITLED TO RECEIVE FROM THE OTHER PARTY THE COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS FEES INCURRED IN CONNECTION THEREWITH, IN PREPARATION THEREFOR AND ON APPEAL THEREFROM, WHICH AMOUNTS SHALL BE INCLUDED IN ANY JUDGMENT THEREIN.
Acceptable Use Policy
Customer agrees to use the service only for lawful purposes, comply with any international laws and regulations and Technabytes’s Acceptable Usage Policy posted at https://technabyte.com/terms.php (the “AUP”), which is hereby incorporated by reference in this Agreement. Customer agrees that Technabyte may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer’s use of the Services. Amendments to the AUP are effective on the earlier of Technabyte’s notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with Technabyte’s reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Technabyte and Customer regarding the interpretation of the AUP, Technabyte’s commercially reasonable interpretation of the AUP shall govern.
Billing, Late Payments and Termination of account
The client is obliged to pay us whenever a payment is requested. In the event of late payments, the client’s account will be suspended after 10 days after the due date. If the invoice is not paid within 30 days, the account will be terminated and the data cannot be recovered. In the event of account termination due to late payments, Technabyte holds no liability for losses or damaged caused by the deletion of the data. It is the customer’s responsibility to ensure payments are made on time.
Acceptable Use Policy
You may use our site or the services we provide only for lawful purposes. You may not use our site or services for any of the following:
•In any way that breaches any applicable local, national or international law or regulation;
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• For the purpose of harming or attempting to harm minors in any way;
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
• To send, knowingly receive, upload, download, use or re-use any material which:
• is defamatory of any person;
• is obscene, offensive, hateful or inflammatory;
• promotes sexually explicit material;
• promotes violence;
• promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringes any copyright, database right, trade mark or other intellectual property right of any other person;
• is likely to deceive any person;
• is made in breach of any legal duty owed to a third party such as a contractual duty or a duty of confidence;
• promotes any illegal activity;
• is threatening, abusive or invades another’s privacy, or causes annoyance, inconvenience or needless anxiety;
• is likely to harass, upset, embarrass, alarm or annoy any other person;
• advertises for sale substances that are legal in law but are known to be abused;
• is used to impersonate any person, or to misrepresent your identity or affiliation with any person; or gives the impression that it emanate from us if this is not the case.
For any of our shared and reseller plans, you may not consume more than 25% of any one CPU core, 512Mb of RAM, 100 active processes and 1MB/s disk IO. If these resource limits are exceeded your web site may slow down or content may not be served until more resources are provided, which may be available for additional fees. Should you need more resources, you would need to upgrade to a VPS or Dedicated Server. You may also not use our shared and reseller plans for self-hosted data storage. There is a limit for our shared and reseller plans to how many emails you can send per hour. You may not use our hosting plans to send spam emails.
If any part of our policy is violated, we will terminate your account within any prior notification and you will not recieve a refund.
Technabyte will not be held liable for system downtime, crashes, or data loss. Some of the services we use are resold so we cannot be held liable for any issues that occur due to problems with the resold services. We reserve the right to remove any of our customer’s accounts without prior notice in the event that our terms of service is violated. We do not need to provide evidence that the terms of services is violate even if it is requested by the client. We reserve the right to change or update our terms of service at any time.