Terms of Service These terms will dictate your conduct on SSDByte
This policy represents the Terms of Service in its entirety and will be applicable to all your transactions as a ‘Customer’ with ‘SSDByte.com’ as a whole. This policy supersedes any oral promises made by SSDByte.com or its staff. If you as a customer have reached an agreement with any of SSDByte.com’s official representatives, please make sure they are provided in writing; else they will not be considered valid. Please read these terms of service in entirety and carefully before you sign up for any of our service(s). By signing up for any of our service(s) you expressly imply that you are bound by the terms listed herein.
General Definitions:
‘We’, ‘Us’, ‘Provider’, ‘Company’ or ‘SSDByte’ represent SSDByte.com. ‘You’, ‘Your’, ‘Client’, ‘Customer’ and ‘Member’ represent a person or entity who buys services from us.
Banned Scripts Policy:
The following scripts are banned for use on all our servers and may not be run by any customer(s) unless there is a written permission from us to do so. These scripts are banned since they are either illegal / harmful / malicious / increase server loads:
- Any kind of IRC Bots
- Proxy Servers / Websites
- Mail Bombers
- Anonymous Mailers
- Any type of sniffers
- IP Spoofers
- Port Scanners
- Telnet or SSH Access Scripts
- All versions of UBB (Ultimate Bulletin Boards)
- Fake Login Pages
- Streaming Services
- Resource hogging softwares – please check with support before you run any.
Spam Policy:
Bandwidth Usage: All servers / accounts are provided with generous bandwidth limits as per the plans selected. Customers are requested to use these wisely. We reserve the right to review / amend / downgrade / upgrade / modify this allocation any time if we feel that this is affecting the server / network performance. Any customer reaching their bandwidth usage limit will have to contact the support team via ticketing system to have it increased. Do note that the customer will have to pay an extra cost to increase their bandwidth usage limit as per the plan selected. Customer support team will give you the specific details of these charges upon request.
Memory Usage: We reserve the right to monitor the memory (RAM / Processor) performance of our servers at all the time. Ideal memory usage would be less than 1% of the server resources. We reserve the right to suspend services (temporarily or permanently) if we find that high memory consumption is affecting network performance.
Content Storage and Backup Policy:
All the contents stored on our server(s) by the customer(s) are at the sole risk of customer(s) and SSDByte.com does not have any liability towards keeping the backups of such content. It is the responsibility of the customer to take regular backups of the content stored on the server(s).
Account Security:
It is the duty of the customer to create their account(s) with unique and random passwords. Any account(s) found with illegal or irregular activity will be suspended immediately to protect other customer(s) and any potential losses that may arise out of actions of that hacked account. Please note that this is only a preventive measure. We also urge you to maintain the secrecy of your password and not to share it with anybody else.
Indemnification:
You agree to indemnify, defend, and hold SSDByte.com and its affiliates, founders, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute, or demand related to your use of the services, your violation of any of the provisions of this agreement, or from your placement or transmission of any materials or content onto SSDByte.com's servers.
Such liabilities may include, but are not limited to, those arising from the following:
a) With respect to your business:
(i) infringement or misappropriation of any intellectual property rights;
(ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity;
(iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy.
b) Any damage or destruction to SSDByte.com’s equipment or to any other account holder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees.
c) Any personal injury or property damage arising out of your activities related to the services, unless such injury or property damage is caused solely by SSDByte.com’s gross negligence or willful misconduct.
d) Any other damage arising from your equipment or your business.
Registration Policy:
The terms of Privacy Registration Policy are incorporated into this agreement as though they were fully set forth at length herein. You agree to maintain your registration information in full compliance with this agreement and the terms of the Privacy Registration Policy. Failure to so comply is cause for immediate suspension of all SSDByte.com services. During the course of providing services to a customer, SSDByte.com may assign a customer an Internet Protocol address. The customer agrees that he/she has no right to a particular IP address under this agreement, and accordingly, SSDByte.com shall retain ownership of any IP address or addresses used by the customer under this agreement, and that SSDByte.com reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
Payments and Change of Plans:
Fees: SSDByte.com charges the following fees where ever applicable. All such fees are subject to change with a 30 days notice. Not all fees are applicable to all accounts.
- Set-Up Fee – This is a one time fee that may be charged in connection with the establishment of a new account or service.
- Service Fee – This is the fee for your monthly services.
- Other Service Related Fees – These are fees for additional services that you may choose to add to your account from time to time.
SSDByte.com reserves the right to alter, change, amend, or delete fees at its sole discretion. SSDByte.com further reserves the right to institute new services and charge fees in association with the provision of such new services as it deems appropriate.
SSDByte.com reserves the right to offer promotional rates which may or may not be more favorable than the terms under which you entered this agreement. Any special rates shall not affect the existing rights and responsibilities of each party. SSDByte.com also reserves the right to change the rate charged for any such fee under this agreement with 30 days notice.
- Payment of Fees – SSDByte.com accepts payment by PayPal, Payza, WebMoney, BitCoin, Skrill and PerfectMoney.
- Third Party Processing Options: Currently, SSDByte.com is able to accept Third Party Payments via the following sources: PayPal, Payza, WebMoney, BitCoin, Skrill and PerfectMoney Payments must be fully CLEARED before they are credited to your account. Bounced payments will incur a fee of $35.00 or, if less, the legal limit for a bounced check or payment in your state or country.
- Payment Obligations: Full payment is required in advance before service is established. We send out invoices that are due every pay period. You are given fifteen (15) days to fully pay the invoice. You warrant and represent that the information you supply in the order form (or other information that SSDByte.com may require) is accurate and truthful. All payment-due notices will be sent by email. No bills or invoices will be sent by postal mail or fax. If payment is not received by due date, your account will be suspended. To have your account re-established, you will need to pay the monthly fees, plus any interest that may have accumulated at the rate of 12.35% per year. There is a $25 fee for bounced checks and a $25 processing fee for chargebacks.
- Renewals: Your account will be automatically renewed under the same time and fee structure unless you give written notice to SSDByte fifteen (15) days before the renewal date that you do not wish to renew or make changes to such term of this agreement.
Cancellations: All cancellation requests must be sent 5 (five) days before the due date of the invoice. If you do not raise a cancellation request and are not paying the invoice as well, the due date is the server expiration date. The server will be wiped of all data due to customer privacy. Data on the server will be retained only if a cancellation request is received well in time.
Payment Disputes and Chargebacks:
Customer agrees to contact our billing department and attempt to resolve any billing issues before filing a dispute / payment chargeback. The decision of the bank / payment processor will be final and binding once a payment dispute / chargeback is filed. SSDByte.com will in no case overrule this decision.
Limitation of Liability:
SSDByte.com cannot be held liable for any indirect, incidental, punitive, disruptive or other consequential damages including but not limited to loss in profits, damages related to corruption or deletion of files / website contents, e-mail data and database contents arising out of or in relation to this agreement or your use or inability to use SSDByte.com’s services due to any reason regardless of whether the customer is in contract or not even if we are informed / advised of any such possible damages in advance. In no event shall our maximum liability exceed the total amount paid by its customer for the services received during the prior 12 (twelve) months. Wherever the applicable local law does not allow the limitation of liability for consequential or incidental damages, we are liable to the extent permitted by law.
Service Suspension and Termination:
SSDByte.com may at its sole discretion place a customer account under temporary suspension if the customer is found to violate any of the terms of service written herein depending on the nature of the violation. If found that the customer is committing an offence by violating some of the terms, we may at our sole discretion terminate the account permanently without any pro-rata refund and the account / server may also be wiped of all contents. We urge our customers to abide by these terms and have a happy stay with SSDByte.com.
Assignment of Rights:
Your rights under this agreement may be assigned to another party only upon prior notice and express approval by SSDByte.com. Any other attempted transfer or assignment of rights hereunder shall be null and void. SSDByte.com may assign its rights hereunder to any person or entity who shall become a principal owner, or shareholder of SSDByte.com.
Amendments to Terms of Service:
SSDByte.com may, at its sole discretion, without any prior notice amend / modify this agreement from time to time as it may deem fit. Modified ToS will be placed on SSDByte.com website and those terms will come into force immediately for all existing and future customer(s). All previous terms would be superseded in such cases. If the customer does not agree to any new terms – it is their responsibility to terminate the subscription. If the customer does not terminate their subscription within 15 (fifteen) days of the modification, then the continued use of the service(s) will mean that the customer has no objections to the amended terms of service.