Terms, Conditions and Acceptable Use Policy

Bits and Bytes Computing provides Internet World Wide Web page hosting, Marketing, Development and Server Administration services. We have certain legal and ethical responsibilities consisting with the use of its server and equipment involved in these services.

Bits and Bytes's general policy is to act as a provider of internet presence. We have specific ethical concerns regarding the use of its computers detailed below. We reserves the right to suspend or cancel a customer's access to any or all services we provided when we decide that the account has been inappropriately used.

Specific Acceptable Use Policies

Server abuse
Any attempt to undermine or cause harm to a server, or customer, of ours is strictly prohibited.

Unauthorized use of other people's accounts or computers
We will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.

Any unauthorized use of accounts or computers by a customer, whether or not the attacked account or computer belongs to us, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.


Abuse of Unlimited Traffic and/or Unlimited Storage
Our customers are privileged to be offered unlimited traffic and/or unlimited storage for their web sites. The intention is to provide a large space to serve web documents, not an offsite storage area for electronic files. All (90%) of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on our server. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of our management. Any customer who violates our Policies in abusing either space/site transfer will be notified and given 2 days to remedy the problem. If the problem is not resolved within the alloted 2 day period, the client will be billed for the overages.

To maintain the integrity of our service the following limitations apply:

For those that do not qualify for the unlimited service and their accounts have pre-set monthly transfer limits, traffic will go unmonitored until they reach their per month maxium as set buy the account chosen when signed up. Thereafter, normal data transfer cost of $5.00/1GB/month will be billed to your account. Or, clients may opt to upgrade to the next package level

Bits and Bytes Computing will be the sole arbiter as to what constitutes a violation of this provision

Commercial advertisements with e-mail
Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation.

Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.

Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium.

Chat Rooms
We do not allow clients to install their own chat rooms, without approving it with the Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of Java chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others. Note:  chat rooms found and provided as available add-on items in clients control panel do not apply to this rule. They are perfectly fine to install.

Background Running Programs
We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

IRC
We currently do not allow IRC or IRC bots to be operated on our servers.

Payment Policies
All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. We reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies us in writing for a request for termination of services. All payment is in U.S. currency.

Cancellation
We reserve the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by us if we institutes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)

All of our web hosting plans are backed by a 30 day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount excluding setup fees and overages. Setup fees are refundable only if the account order is canceled prior to activation. For web hosting contracts of 3 months or less, the full contract amount less any setup fees and overages will be refunded if we are notified within the first 30 days following activation. No refund is available after the 30th day. For web hosting contracts longer than three months, a refund equal to one half of the contract amount less any setup fees and overages will be given if we are notified prior to the first day of the second half of the contract term. For example, on a twelve month contract we must receive the notice of cancellation prior to the first day of the sixth month of the contract. No refunds will be given once the second half of the contract term has begun. This policy does not apply to any additional services such as overages, additional disk space, additional pop accounts, etc. Due to security concerns, all account cancellations must be done in writing via US mail or fax with a valid signature of the primary contact of the account, account name, reason for cancellation. Phone requests will not constitute acceptance of any cancellation. If payment was made by check or bank transfer, the zip/postal code of the primary contact. Payment will be made by company check within 15 days of receipt of cancellation.

Lawful Purpose
We reserve the right to refuse service to anyone. Customers may only use our servers for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of our management.

Indemnification
Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, 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. Customer agrees to defend, indemnify and hold us harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with our servers; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from our servers.

Disclaimer
We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaim any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by the hosting company and its employees. We reserves the right to revise its policies at any time.

All Sub-Networks, resellers and dedicated servers which are the property of Bits and Bytes Computing and owners of co-loated servers must adhere to the above policies.

Failure to follow any term or condition will be grounds for immediate account deactivation.