All services provided by VPSByte ("VPSByte") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless VPSByte from any claims resulting from the use of service which damages the subscriber or any other party.

By activating your account with VPSByte, you agree to the below policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

Payment
By signing up with VPSByte.com, you agree to pay monthly, quarterly, or yearly as per your signup option unless canceled properly. You must request cancellation 7 days before a new invoice is due. Failure to cancel your account 7 days before a new invoice will result in non-cancellation until the invoice is paid.

Fraud Payments
Any payments that are made to VPSByte Virtual Solution that have a fraud score higher than 3 may have further investigation before the account is unsuspended/provisioned. If any time during your subscription with VPSByte a fraud payment becomes known to us under your account name, your account will be suspended without notification.

Server/VPS Setup
VPS services ordered Monday-Friday are setup within the same business day if ordering 3 hours before the next day. The VPSByte "TenDollarVPS" service is guaranteed instant activation where the payment is sent automatically. If paying via credit card or other non automatic payment module, the setup time will be guaranteed the same as regular VPS services. Dedicated Server setup guarantees are >72 hours where the server is in stock. Custom server orders are guaranteed >7 day activation.

Declined Credit Cards
VPSByte chooses to do credit card batches every 24 hours - if your card is declined in the batch (24-48 hours before or after invoice), your account will be suspended. After 7 days of the initial invoice, we are not liable for any data loss.

Cancellation
A cancellation request must be submitted 7 days before a new invoice is due. On cancellation, you must cancel your Paypal subscription (if acceptable). Over payments due to non cancellation of your Paypal subscription is not our responsibility, and no refunds will be issued.

Refunds and Disputes
Refunds are given 7 days after your account has been setup, and only if we have failed to provide a service offered. We do not refund control panels, management services, dedicated servers, add-ons, or colocation services. For quarterly and yearly payments, only the % of the non-used service will be refunded. If you dispute a charge to your credit card issuer that, in VPSByte sole discretion, is a valid charge under the provisions of this Agreement, you will agree to pay any charge back or dispute fees. VPSByte does not offer refunds on non refundable services even if the service advertised (such as service uptime) but rather provide credits as per our SLA credits section. We do not honor refunds to our resellers due to the discounted price. If you purchased from one of our resellers, we are unable to provide a refund directly to the end user. Refunds will no longer be valid if any of the terms in this documentation are broken.

Service Fees
Certain services carry a setup fee charged by VPSByte to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to VPSByte and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.

Price Changes & Reflection on clients
VPSByte reserves the right to increase, decrease, or change any service being offered on any package without prior notification. Specials and deals are available to new clients only, and are non-transferrable to current clients.

Account Deactivations
Any account deactivated due to non-payment will require a reactivation fee of $5.00 prior to reactivation.

Upgrades
You agree that if you upgrade from an Unmanaged package to a Managed package, there is a $5 setup fee. If you upgrade within 15 days of your next invoice, you will not be charged again for the upgrade in the upcoming invoice. If your upgrade was made more than 15 days ago, you will be charged 50% of your upgrade fee.

Extra Services
To add complete management to an unmanaged package, the add-on fee will be $10/mo. OS Reloads are done automatically for VPS through the VPS administration, and OS Reloads for Dedicated Servers are charged $25 one time fee.

Uptime
Our uptime is guaranteed 99.9% of ping response within a month recorded on a 5 min basis, backed by our SLA. If you experience network or node outage, you will be credited 10% back for every 1% of downtime towards your next month. The credit does not apply if there was a direct issue with your vps or dedicated server itself. Maximum credit to the client is 100%.

Backups
VPSByte services vps node backups only. We do not take backups of any dedicated server services or colocation services. Our backups are used, restored, or provided only in emergency issues and are to be used by VPSByte staff only. Single vps backups may or may not be provided to an end client for individual purposes depending on the issue and decision of VPSByte.

Limitation of Liability
VPSByte shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from VPSByte ' servers going off-line or being unavailable for any reason whatsoever. Furthermore, VPSByte shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of VPSByte ' servers. All damages shall be limited to the immediate termination of service.

Disclaimer
VPSByte cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by VPSByte are resold. Thus, certain equipment, routing, software and programming used by VPSByte are not directly owned or written by VPSByte. Moreover, VPSByte holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove or suspend any account, without advance notice for any reason without restitution, as VPSByte sees fit.

Unmetered Ports
All unmetered ports purchase from VPSByte are charged on the 95th percentile. If the 95th percentile end output of a month's record is over your allotted amount, you will be charged $75 overage fee per Mbps. Capped unmetered services will not be held accountable for such overages.

Administrative Abuse
Abuse of our server administration (on managed or unmanaged packages) and or rude behavior against our system admins may result in temporary suspension of our ticket center.

Negative Feedback
We refuse to offer services to clients who wish to post or distribute negative feedback about our company and/or services and employees via online posts or other electronic form without discussing the issue with our administration. Doing so will result in complete removal and termination of your account without any refund. We believe it is unprofessional and unfair to not allow us to resolve the issue beforehand.

Unmanaged Support
Each support ticket on unmanaged hosting packages will incur a $5 fee.

Network Abuse
If you receive a DDoS attack that is effecting other VPS's on the same Node, your VPS may be temporarily taken offline/or have your uplink rate-limited until the attacks stop. IRC servers and or bots are not allowed to be hosted on our services.

Network Speed
The level of speed varies from ISP to ISP connection, and the speed allotted on your account. Each switch on the VPSByte network (serving VPS nodes) has 100Mbps excluding dedicated servers or when stated otherwise. Each port is rate limited to the amount chosen on purchase. Each vps is guaranteed 20Mbps of uplink speed.

Interruption of Service
Customer shall not receive any credits under this agreement in connection with any failure or deficiency of the VPSByte network caused by or associated with: Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (i.e....fire, flood, earthquake, tornado, etc...), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Agreement Telco Failure (i.e....Verizon™ cutting a fiber line somewhere)

SLA Credits
If VPSByte fails to maintain a 99.9% uptime record recorded every 5 minutes on a calendar basis, VPSByte will credit to the account twice the amount owed on a pro-rated basis. VPSByte may credit more in certain cases.

Measurement
VPSByte will periodically (on average every 10 minutes) monitor the VPSByte network and server availability using software and hardware components capable of measuring application traffic and responses. Client acknowledges that that such measurements may not measure the exact path traversed by Client’s Internet connection, and that such measurements constitute measurements across the VPSByte network but not other networks to which Client may connect. VPSByte reserves the right to periodically change the measurement points and methodologies it uses without notice to Client. Full network and server reporting will be posted to a location designated by VPSByte and made available to Client.

IP Addresses
VPSByte will own and maintain all ip blocks. We will not in any circumstances change the whois information on a particular shared ip. rDNS can be changed or set on request.

Support
VPSByte provides 24/7/365 technical support to our clients. VPSByte guarantees 1 hour initial response time and a 6-12 hour resolution time (this time varies depending on response times from the client) limited to tickets posted in our client center in our technical department only. VPSByte may or may not support any 3rd party applications, and if they are supported there is no resolution guarantee. All vps services are managed (except where stated otherwise). We will provide complete DNS, IP, software license, Security, and Updates on all vps services where requested. Dedicated Servers are completely self-managed unless stated otherwise. Low end dedicated servers do not come with a remote reboot port and are also self-managed. Reboots on low end servers (>$70) are done free only on business hours. VPSByte supports only CentOS based servers and VPS.

Network Security
Users are prohibited to violate the security guidelines of the VPSByte network. The following is not allowed on the VPSByte network: 1) Accessing data or logging into a server which such user is not authorized, 2) Attempting to scan, test, or probe the vulnerability of a network or server without proper authorization, 3) Attempting to interfere with a server to any other server or network such as flooding, overloading, mail bombing or crashing, 4) Forging a TCP/IP packet header or such of the header information in an email.

VPS and Server Reselling
As much as VPSByte encourages reselling, we do not support your end clients. Any service provided to a reseller is completely self managed, and it is the resellers sole responsibility to support his or her end client. This section only stands for resellers who choose to recieve the reseller discount. VPS services paid at regular price are supported to the client holder only.

Server Abuse
Guaranteed ram is your guaranteed allotment for your VPS. Burstable ram is in place only as a safe-guard against large memory spikes. Using your burstable memory 24/7 is against our service agreement. Our service will allow burstable memory to be used 75% of the time based on a monthly calendar.

Server Hardware
VPSByte does not guarantee any server hardware specification in terms of CPU, Hard Drive, Memory, and Server type. Certain guaranteed specifications include vps disk space, bandwidth, guaranteed & burstable ram, and IP allocation.

Warez/Illegal Hosted Files
Illegal applications, music, or any downloads of that sort will not be tolerated (even illegal file linking). We will contact you if any of the above is hosted on our network, and will allow 72 hours to remove it. If after 72 hours no action is taken, the offending IP will be null routed until an attempt is made to resolve the issue in which the null route will be removed.

Spam
Any reported spam will be notified of the client and will remain in progress for up to 72 hours. If after 72 hours of the initial contact to the client there is no response or attempt to resolve the issue, the IP will be null routed for that period until the issue is resolved. We will provide access to the server while it is null routed.

Violations
Violations of these Acceptable Use Policies should be referred to info [at] vpsbyte.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.


VPSByte reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification on both current customers and new customers.