Shared Hosting Agreement
Byte Digital reserve the right to change this Policy any time, so please, check this page at least once a month or when in doubt. Byte Digital strive to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other Byte Digital customers and us against such harm. Each individual hosting account is allowed 1 main domain name with all additional parked domain names pointing to the main site of the main domain, unless otherwise specified.
All monetary transactions are in GBP pounds sterling.
The 7 day guarantee covers cancellation of an account during the first 7 days of service, due to our inability to deliver satisfactory service. The customer will be refunded all hosting charges made to their credit card less any setup fees which are non-refundable. Refunds will not be given for any reason in the case of account non-use, misuse, or abuse. Refunds will not be given on domain registration fees. All inquiries regarding this guarantee should be directed to accounting.
You agree to use all Byte Digital services and facilities at your own risk. Byte Digital specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Byte Digital be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages.
Customer agrees that it shall defend, indemnify, save and hold Byte Digital harmless from any and all demands, liabilities, losses, costs and claims, including reasonable solicitor’s fees asserted against Byte Digital, 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, it’s agents, employees or assigns. Byte Digital shall be the sole judge of what violates this Policy.
In the event you cancel your service, you will be charged in full for the entire month in which you cancelled your service. Account cancellations for accounts with a negative balance will be passed on to collections, and all services rendered to the party with the negative balance will be terminated, including domain registrations. In the event you have elected to prepay subsequent, additional months’ Service Fees, we retain the right to charge you an administrative fee of 50% and deduct the administrative fee from the subsequent, future months’ Service Fees before refunding them to you. There is a £250 administrative fee for any charge backs placed against us. Any charge backs or threatened charge backs are grounds for immediate account cancellation.
All services provided by Byte Digital may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United Kingdom law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorisation. The subscriber agrees to indemnify and hold harmless Byte Digital from any claims resulting from the use of the service which damages the subscriber or any other party.
Pornography is prohibited on all Byte Digital servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Byte Digital will be the sole arbiter in determining violations of this provision. Also prohibited are sites that promote any illegal activity or present content that may be damaging to Byte Digital servers or any other server on the internet. Links to such materials are also prohibited.
Examples of unacceptable content or links –
– Pirated software
– Hacker programs or archives
– Warez sites
Byte Digital does not host sites of its competitors or web pages promoting sites of its competitors. Any illegal activity, including adult content, links to adult content web sites, spamming or hacking will result in your site being shut down and all your files deleted without warning. Byte Digital will be the sole arbiter as to what constitutes a violation of this provision.
If we determine that any site on our servers is using too much of the server’s resources and therefore abusing the server, we have the right to suspend that domain without any notice. It is then up to you to contact us and formulate a plan to get your account activated again. We are quick to suspend any domain that abuses the server’s resources due to the shared nature of the server and the negative impact an abusing domain has on other domains on the same server.
We especially do not allow mass email marketing sites on our servers. It doesn’t matter if it’s opt_in email marketing. We simply do not allow sites of that nature to be hosted on this shared environment. Sites such as “safe lists” are also strictly prohibited. We reserve the right to shutdown such sites, that we consider harmful to the server’s performance.
Byte Digital servers are not to be used for the purpose of hosting scripts or images for data collection or any other purpose to reduce the load on another webhost, or for any other reason. Customers are not permitted to open connections to the server at a rate of more than 3,000,000 connections/month. Customers are not permitted to run scripts on their account with us, to monitor connections and status’s of other servers (gaming servers for example).
Customers are not permitted to get multiple accounts with Byte Digital, for the purpose of getting extra bandwidth only, to avoid transfer overage charges. Customers are not permitted to host multiple separate domains (not referring to parked/addon domains) on one account unless this is a feature of they account they have ordered. Byte Digital can and will terminate accounts of people using our servers not to host their domain but only scripts.
Byte Digital is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the Byte Digital network, by customers or any other users of the Byte Digital network (including customers’ customers); AND/OR over ANY network- if the message sent advertises or mentions a site hosted on the Byte Digital server.
We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. “spam”), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to an Byte Digital email address or web site URL is prohibited. The use of Byte Digital servers as a mail drop for responses to activities described above is also prohibited.
Malicious or threatening email is also prohibited. We reserve the right to immediately deactivate your use of our service if we discover such activity. Further, you agree to indemnify and hold us harmless from any claim resulting from your use or distribution of electronic mail services through the service provided through this Agreement. Anyone using our services for spamming will be immediately subject to a £250 cleanup/network abuse fee.
Shell accounts are available for the purpose of editing and setting up your web site. Shell accounts should not be used as a development platform for issues unrelated to your web site. Users must not leave their home directories at any time and must not attempt to gain the privileges of another user.
In the event that such user causes any server crashes/damages, and/or interferes with any of the following files their shell access privileges will be revoked and denied for any future use: .bash_history, .bash_logout, .bash_profile, .bashrc.
Before shell access can be enabled on your account, you will need to print our SSH Request Form and fax it to us along with a copy of your drivers license, passport or other legal document.
Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, [as long as they are not on our banned script’s list] however we reserve the right to disable any CGI script that effects normal server operation or service to other Byte Digital customers. You will be notified in 24 hours about offending cgi script.
Byte Digital is not responsible for scripts that you use in your hosting. It is not our responsibility to ensure your scripts function. Please don’t expect our support tech’s to troubleshoot aspects of your scripts or third party scripts that you use on your sites hosted on our servers.
Byte Digital provides technical support for the Server & Server related software. Any scripts included in the Control Panel are 3rd Party scripts and are not supported by Byte Digital, however you may ask for assistance from our members in our forums.
Byte Digital allows for very generous traffic, and most sites never exceed 1GB per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. Byte Digital customers are discouraged from storing any files that cause excessive traffic on Byte Digital servers. Please contact Byte Digital Technical Support team for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits.
We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law. Any deliberate attempt to cause damage to Byte Digital or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill for each gig of traffic exceeded. You will NOT be charged for transfer that you use beyond our generous data transfer limits without prior notification. You can monitor your transfer at anytime in your Control Panel.
Full backups are made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the client’s responsibility to maintain local copies of their web content any information.
If loss of data occurs due to an error by Byte Digital, we will attempt to recover the data for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, Byte Digital will attempt to recover the data from the most recent archive for a £75.00 fee.
It is the client’s responsibility to have a good working knowledge of aspects of their site’s operation. Please do not expect the Byte Digital support staff to teach you how to use aspects of the tools at your disposal. You can post questions like this into the discussion area of the forum and interact with other Byte Digital members for help etc.
Last Modified: 7th April 2016