Last Modified: January 11, 2023

UNIVERSAL Terms & Conditions Of Service (TOS) 

This Universal Terms of Service Agreement (this "Agreement") is entered into by and between xByte Hosting LLC, and you, and is made effective as of the date of your use of this website ("Site") or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the "Services"). Services Agreements and additional policies apply to certain Services and are in addition to (not in lieu of) this Agreement. In the event of a conflict between the provisions of a Services Agreement and the provisions of this Agreement, the provisions of the applicable Services Agreement shall control.

The terms "we", "us" or "our" shall refer to xByte Hosting. The terms "you", "your", "User" or "customer" shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

1. YOUR ACCEPTANCE AND AGREEMENT TO THESE TERMS

By using the Services, you represent and warrant that you are of age under the laws of your jurisdiction and/or lawfully able to enter into contracts. If you are not legally able to enter into contracts, you may not use the Services at any time or in any manner or submit any information to xByte Hosting or the Services. If you are entering into these Terms on behalf of a business entity or organization, you represent and warrant that you have the legal authority and capacity to bind such business entity or organization. If you are not authorized nor deemed by law to have such authority, you assume sole personal liability for the obligations set out in these Terms.

USE OF THESE SERVICES INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICES.

xByte Hosting Privacy Statement

xByte Hosting Service Level Agreement (SLA)

2. PRIVACY POLICY

Please review our privacy policy (the "Privacy Policy") which explains how we use information that you submit to xByte Hosting. The Privacy Policy is hereby incorporated by reference. Additionally, for California residents please refer to our California Privacy Notice.

3. ELIGIBILITY; AUTHORITY

The Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of, or access to the Services by anyone under the age of eighteen (18) is unauthorized, unlicensed, and in violation of these Terms of Service.

In using any of the Services, you shall at all times comply with all laws, statutes, codes, treaties, ordinances, orders, decrees, rules, regulations and municipal by-laws, judicial, administrative, departmental or regulatory judgments, orders, decisions, rulings, awards of any governmental authority, policies, guidelines and protocols, and any other similar type of restriction, including any laws governing the protection, collection, use and disclosure of personal information or personal health information ("Laws").

Customer agrees that all domain names and any material submitted for publication on xByte Hosting servers through Customer's account(s) will not contain anything leading to an abusive or unethical use of the host server(s). Abusive and unethical materials and uses include, but are not limited to pornography, obscenity, nudity, violations of privacy, computer viruses, hacking, and any harassing, offensive use. Company retains the right and final opinion regarding whether any portion of a site falls within one of these categories. Customer hereby agrees to indemnify and hold harmless Company from any claim resulting from Customer publication of materials or Customer's use of those materials. Violations of Company's Terms & Conditions may result in immediate account termination and Company reserves the right to charge fee for clean-up at $125.00 per hour.

4. SERVICE RESTRICTIONS

Services cannot be used:

i to engage in any illegal, fraudulent, or unauthorized purpose.

ii in any way that violates or infringes the copyrights, rights of privacy or publicity, or any other rights of any person.

iii to impersonate or misrepresent Customer identity or affiliation with any person or entity.

iv transmit or relay any form of Unsolicited Bulk email ("Spam").

v to upload, post information or materials using the Services that are:

(A) libelous, defamatory, tortious, hateful, obscene, harassing or otherwise actionable or objectionable material.

(B) any material that would generally be perceived as being of adult-nature based on language, content, photos, images, including nudity of any form.

(C) any unsolicited message or unauthorized advertising or promotional material.

(D) any worms, viruses, Trojan horses, scripts, bots, programs that automatically download, or collect information, or any computer code or files of a destructive, damaging, disruptive, disabling, or interfering nature (collectively, "Viruses"), or any information or materials that contain any of the foregoing.

(E) any material that contains or promotes illegal products or information of any kind.

(F) any material that is in a way that is detrimental to the operation of the Services or that could damage, disable, or overburden the Services.

(G) for sites or application that receives abnormal traffic that negatively impact other customers

If Customer ignores these policies, Customers account will be immediately suspended, followed by terminated in the sole discretion of Company. Customer acknowledges and agrees that a violation of this provision will result in the loss of any money back guarantee.

5. USERS

i Visitors: Visitors may browse the Site in accordance with these Terms but will not have full access to the Services without first becoming "Registered Users."

ii Registered Users and Accounts.: In order to access certain features of the Services you will be required to become a Registered User. A "Registered User" is a User who has registered an account with us within https://billing.xbytehosting.com. By registering as a User you represent that you are not prohibited from using the Services under these Terms, the laws of the United States of America, your place of residence or any other applicable jurisdiction.

iii Registration Data: In registering for the Services, you agree to (i) provide true, accurate, current and complete information about yourself as prompted by the Services' registration form (the "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You agree that all notices and communications between Us will be sent to the email address You provide. If you provide any information that is untrue, inaccurate, not current or incomplete, or xByte Hosting has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, xByte Hosting has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof) for breach. You agree not to create an Account using a false identity or information. You agree that you shall not have more than one Account at any given time. You agree not to register for an Account on behalf of an individual other than Yourself, or register for an Account on behalf of any group or entity unless you are authorized to bind such person, group, organization, or entity to these Terms. By registering another person, group, organization, or entity you hereby represent that you are authorized to do so.

iv Account Management: When You register for the Services, You will choose a login (email) and password. You may use the Services or modify Your Content and data only through such login and password. You are entirely responsible for maintaining the confidentiality of Your password and for any and all activities which occur using Your credentials and/or under your Account. xByte Hosting reserves the right to establish an Account verification process to verify the account and/or any information provided. You agree to immediately notify Us of any unauthorized use of Your Account or any other breach of security known to (or reasonably suspected by) You at [email protected]. xByte Hosting shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that We considers insecure or inappropriate, xByte Hosting will be entitled to require this to be changed and/or terminate your Account. xByte Hosting reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party's rights. It is also Your responsibility to make sure that Our domain(s) (including "xbytehosting.com") are not included in any spam block list used by You or Your mail provider. You are required to perform all necessary security configuration and management tasks (1) for Your site(s) and all domains, web pages or IP addresses which You are hosting through the Services, and (2) to protect Your Content (defined below) and data, including that of Your customers and/or end users hosted through the Services.

6. INTERACTIONS BETWEEN USERS

You are solely responsible for your interactions with other Users of the Services and any other parties with whom you interact through the Service. xByte Hosting may limit or prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Service. xByte Hosting reserves the right, but has no obligation, to monitor or become involved in any way with these disputes. You will fully cooperate with xByte Hosting to investigate any suspected unlawful, fraudulent, or improper activity, including, but not limited to, granting xByte Hosting access to any password-protected portions of your Account. xByte Hosting reserves the right to restrict, suspend, or close your account if xByte Hosting determines, in our sole discretion, that doing so is necessary or in our best interests.

If you have a dispute with one or more Users, you release xByte Hosting (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

7. PAYMENT

i If you purchase any Services that we offer for a fee, either on a one-time or on a Subscription basis (collectively "Fees"), you agree and provide consent to xByte Hosting use of third-party payment providers for billing and processing online payments (see below), and you agree to pay the applicable Fees for the Services (including, without limitation, periodic fees for Subscriptions) as they become due, plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Unless separately negotiated by You and Us, and confirmed by separate written agreement, the initial and recurring Fees for the Services selected by You shall be as provided in the initial on-line order form. All set-up fees and special programming fees are non-refundable. Unless otherwise indicated, we may invoice Fees for Services in advance. Failure to make payment of Fees for Services when due may result in the suspension or termination of Services.

ii Services are billed on an automatic, auto-renewal and recurring basis unless and until you follow xByte Hosting cancellation procedure set forth in this Agreement. Your obligation to pay fees continues through the end of the Subscription Term. All subscriptions are automatically renewed for another term unless proper action to cancel is completed through the client area (https://billing.xbytehosting.com). E-confirmation generates to the primary e-mail address on file when valid cancellation steps are complete. If no correct notice of cancellation is given, all contracts will be automatically renewed to prevent any disruption to the Customer's services using the billing information on file for another term under the same or updated conditions.

iii At the time of registration, You must select a payment method. By providing a payment method, You expressly authorize xByte Hosting to charge said payment method at regular intervals subject to Your particular Subscription. xByte Hosting reserves the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. If You do not pay all Fees when due, Your account will be deemed past due. For any past due Fees, xByte Hosting reserves the right to charge You interest at one and one-half percent (1.5%) or the highest rate allowed by applicable law, whichever is lower, per month of the unpaid amount, until paid. A customer has ninety (90) days to dispute any charge by xByte Hosting. If Customer disputes justified charges by Company on Customer's credit card or PayPal, Company has the right to charge a $35.00 fee (to recover the fee Company is charged by Merchant provider or PayPal) and immediately discontinue service.

iv You agree to pay any and all taxes, including personal property, value added, or sales taxes, resulting from Your use of the Services. xByte Hosting is not responsible for any bank fees incurred by You due to Your use of check cards, automatic payment services, insufficient funds, and any and all other fees your financial institution may impose due to Your use of the Services. If xByte Hosting should receive less than full payment of the Fees due to taxes, bank charges, transfer fees, or the like, xByte Hosting will invoice You for the difference between payment received and the Fees due.

v If you cancel any Service prior to the expiration of the pre-paid Fees, You understand and agree that xByte Hosting, at its sole discretion, may not issue You any refund whatsoever, including but not limited to any remaining pre-paid Fees, set up Fees, and/or special programming Fees. Any refunds, if any, will be refunded to the original method of payment only. On certain payment types, xByte Hosting will issue a credit on Customer account instead of a refund. With our "Money Back Guarantee" If the cancellation is within the first 30 days, then Customer, upon request, will be refunded the current account setup fee (if any) and any unused server subscription fees which Customer was charged. Domain registration/renewal fees, SSL Certificate fees or Managed Service fee are not eligible for refunds.

vi Fraudulent Payments - It is a violation of this agreement to fraudulently use or misuse credit cards, electronic fund transfers, checks, or any other payment method. xByte Hosting may report any fraudulent use or misuse to law enforcement authorities, credit reporting services, and financial institutions and/or credit card companies any Company, in its sole discretion, determines is fraudulent.

vii If you do not pay on time or if xByte Hosting cannot charge your payment method for any reason, xByte Hosting reserves the right to either suspend or terminate your Subscription, access to the Services, and/or Account and terminate these Terms. This includes removing any data, media or other stored content from Company's infrastructure. It is Customer's responsibility to have a local backup of such data.

viii Coupons and Discount Codes: From time to time, xByte Hosting may offer coupons or other discount codes which may be used when signing up for Services with Us. Coupons and discount codes are for first-time customers of xByte Hosting only and must be used at the time of Your initial purchase with Us โ€“ they may not be applied after commencement of the Services. Unless expressly provided, such coupons and discount codes may not be used toward upgrades to Your account. Any account We deem to be attempting unauthorized coupon or discount code use may be subject to Termination for Cause.

8. TERMINATION AND SUSPENSION OF SERVICES

i xByte Hosting may terminate your Subscription in its sole discretion at any time for any reason or no reason ("Termination without Cause"). If xByte Hosting cancels your Subscription pursuant to any of the terms outlined in these Terms, with the exception of Termination without Cause, xByte Hosting shall not refund to You any fees paid or prepaid in advance of such cancellation and You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation. In the event that xByte Hosting terminates the Agreement for cause, all prepaid Fees will be forfeited and are not refundable. The termination of your Subscription does not relieve You of Your obligation to pay any Fees accrued or payable to xByte Hosting prior to the effective date of termination of your Subscription.

ii In addition to xByte Hosting right to terminate your Subscription provided elsewhere in these Terms, xByte Hosting may terminate your Subscription effective immediately if, based on xByte Hosting sole judgment, it determines that You or any of Your end users: (i) have breached the policies outlined in these Terms, (ii) have infringed or violated any intellectual property right or privacy or publicity right of a third party, (iii) have not complied with any applicable law, statute or regulation, or (iv) have uploaded, published or disseminated any images, text, graphics, code or video which xByte Hosting considers illegal or high risk, in its discretion.

iii The termination of your Subscription will end Your access to the Services and Your license to the Materials. xByte Hosting shall not be liable to You or to any third party for termination of the Services permitted under these Terms. Upon termination of your Subscription, xByte Hosting reserves the right to maintain copies of Your data files and records for archival purposes but does not undertake any obligation to do so. xByte Hosting reserves the right to impose an early termination charge for all Services terminated prior to the last day of the billing cycle.

iv If either party cancels or terminates your Subscription for any reason, You shall be solely responsible for making all necessary arrangements for securing a replacement service provider and timely moving all electronic data, graphics, images, video or text to the new service provider. Upon termination or cancellation for any reason, the Company will follow normal procedures to remove all data, media and other stored content from the Company's infrastructure. It is the sole responsibility of the Customer to maintain a local backup of all data associated with services received through xByte Hosting.

9. ADDITIONAL PROVISIONS REGARDING THE SERVICES

i Backups & data loss: You agree that Your use of xByte Hosting Services is at Your own risk, and that xByte Hosting is not liable for any data loss in connection with its Services. You are solely responsible for creating backups of Your Content. If, during Our own routine maintenance, We do create a backup of Your Content which You later request Us to restore to Your account, We cannot guarantee that we will be able to do so, or that Your Content will be unharmed as a result of the initial data loss or the subsequent restore procedure. To that end, We highly recommend that You establish Your own routine backup procedure and that You periodically test restoring files from Your backup media to ensure that You are making viable backups. Should you wish for xByte Hosting to provide you with routine backup services, in addition to the Services provided under these Terms, We offer many different backup solutions as an add-on service to Our regular Services. xByte Hosting is not responsible for any data loss or corruption, including that anything that results from: (i) or authorized actions, (ii) those action you take suing the Services, (iii) hardware failures, (iv) any software or other technology failures, or (v) account termination, cancellation, or suspension. Backups are performed using a licensed third-party tool combined with management of the backups using a third-party application. xByte Hosting puts forth a best effort in providing nightly or selected backup options that customer chooses in their order; however, since this is utilizing a third-party application; xByte Hosting takes no responsibility regarding backups.

ii Resource Usage: xByte Hosting reserves the right to suspend services or disable accounts if the account unduly stresses system resources. xByte Hosting will advise You of a temporary block placed on any account found to be consuming an inordinate amount of system resources, to the point of degrading overall system performance.

iii Security: Any violation of the security to the Services is prohibited and may result in criminal and civil liability. Unauthorized Access of the servers used to provide the Site, Services, and/or Materials (the "Servers") is strictly prohibited and is a violation of these Terms. You agree not to engage in such activity or to attempt to breach the Servers for the purpose of altering or manipulating the hardware or software, compromising the Servers, or for any other unauthorized use commonly known as "hacking." In the event You are involved in any violation of system security, We reserve the right to release information about You to system administrators at other sites in order to assist in resolving security incidents, and We shall also cooperate with any law enforcement agency investigating a criminal violation of system, cyberthreats, or network security. Additionally, any violation of these security provisions may, at Our sole discretion, be grounds for Termination for Cause of Your Account as per these Terms.

xByte Hosting will provide a best effort to provide reasonable security arrangements to prevent unauthorized access, collection, use, disclosure, copying, modification, or disposal of any Customer Data. It is the responsibility of the Customer to keep their services IP restricted, and code and application(s) updated to prevent any unauthorized access to Customer Server or Data. xByte Hosting does not monitor Customer websites for security arrangements. xByte Hosting is not responsible for any security vulnerabilities, unauthorized access or use, or any other harm resulting from security breaches on Customer's website(s).

Security Suggestions for xByte Hosting Customers: (i.) Customers should utilize 2FA for account access any time it is available. (ii.) Customers should utilize a password manager.

Security Best Practices for VPS/Server Customers: (i.) Customers should restrict RDP access to server by IP addresses (ii.) Customer should restrict database access by IP (iii.) Customer should utilize 2FA for server access

10. INTELLECTUAL PROPERTY INFRINGEMENT AND DMCA NOTIFICATIONS

xByte Hosting does not permit copyright-infringing activities and infringement of intellectual property rights on the Services, and pursuant to the safe-harbor provisions provided by the Digital Millennium Copyright Act of 1998 ("DMCA"), xByte Hosting will remove User Content if properly notified that such User Content infringes on another's intellectual property rights. xByte Hosting reserves the right to remove User Content without prior notice.

Abuse complaints can be submitted to: [email protected]

12. THIRD-PARTY SERVICES, SOFTWARE, LINKS AND LICENSING

i Domain Name Registrations: We resell domain names. You understand that the Company does not control all aspects of the domain registration process and your request is transmitted to Company 3rd party Registrar.

Domain Registrars require domain ownership information when a domain is registered or transferred to a new registrar. Customer data must be transferred to these 3rd party domain registrars in order to register, renew or transfer a domain. Registrars make the domain ownership information publicly available by default. xByte Hosting strongly recommends you purchase added ID Protection with your domain registration/transfer so that Customer's identity remains protected.

If xByte Hosting shall acquire an Internet Domain Name on behalf of the Customer, then in such case the Customer hereby waives any and all claims which it may have against Company, for any loss, damages, claims or expenses arising out of or in relation to the registration or renewal of such Domain Name, including but not limited to, registration in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by xByte Hosting for any reason.

All renewal obligations are the sole responsibility of the Customer prior to their expiration, should the Customer so desire renewal. Customer may renew Customer's domain at any time before the expiration date. XByte Hosting shall have no liability to Customer or any third-party service in connection with the renewal, including, but not limited to, any failure or errors in renewing the services.

Customer may be notified at Company's sole discretion when renewal fees are due. Should these fees go unpaid within the time specified in a renewal invoice or notice, Customer's registration will be cancelled. Payment must be made by such other method as xByte Hosting indicates in the renewal form. If the Customer's billing information is not accurate, the Customer is solely responsible for the failure to renew.

Additionally, for any domain xByte Hosting registers, transfers, renews or changes (Registrant or Contact) on Customer's behalf, Customer agrees to be bound by the following:

xByte Hosting Registration, Transfer and Renewal Agreement

xByte Hosting Registrant Service Agreements

xByte Hosting ICANN Policy

Registrant's Benefits and Responsibilities

ICANN's Domain Registrant Education Information

ii Microsoft Software: xByte Hosting acts as a volume licensing reseller of Microsoft products and is not responsible to Customer or its customers for any changes to the products and services of Microsoft (including but not limited to, any changes that may cause a Microsoft product or service to be unsupported; reach end of life; require modification of alteration; or that otherwise affects the performance of the Services. Customer shall not install any Microsoft products or services (including but not limited to, SQL Server, SharePoint or Office) that are not licensed directly through the xByte Hosting. Company may terminate or suspend the whole or any part of the Services and/or this Agreement upon a breach of this clause. Furthermore, Customer shall indemnify and hold Company harmless on demand against all liabilities, costs, charges, expenses, fines, penalties, damages and/or losses suffered, paid, or otherwise incurred by Customer arising out of or in connection with a breach by Customer of this clause.

Microsoft End User License Terms

iii File Security: xByte Hosting may use third-party anti-virus or malware scanning tools to quarantine and/or delete files which contain, or match virus/malware being exploited in the wild.

13. UPTIME GUARANTEE

xByte Hosting offers You a Service Level Agreement ("SLA") guaranteeing certain availability of Our Services. To be eligible for any credits to Your account, You must follow the specific procedures set forth in the SLA for notifying Us of Your desire for credits. You understand and agree that the failure to follow the procedure in the SLA within three (3) days of the triggering event will result in Your waiver of any right to receive credits. SLA credits expire one (1) year after issuance and are not redeemable for cash.

14. CALIFORNIA RELEASE

If you are a California resident, you waive California Civil Code ยง 1542, which says: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

15. INDEMNIFICATION

You agree to defend, indemnify, and hold xByte Hosting and its Affiliates harmless from and against any and all claims and liabilities, including reasonable attorneys' and experts' fees, related to or arising from (a) any breach of Your covenants under these Terms; (b) Your use of the Services; (c) any defamatory, libelous or illegal material contained within User Content or Your information and data; (d) any claim or contention that Your Content, Your information and data, or Your use of any Third-Party Services infringes any third party's patent, copyright or other intellectual property rights or violates any third party's rights of privacy or publicity; (e) any third party's access or use of User Content or Your information and data; (f) any violation of the applicable Policies. In the event of a claim under this section, xByte Hosting shall be permitted to select legal counsel to provide a defense to such claim. Customer also agrees to pay the normal hourly rate of any Indemnified Party in the event the Indemnified Party is required to be a witness in any suit, action or proceeding (whether legal or administrative) related to the Services provided under this TOS Agreement.

16. INSURANCE

If a Customer's business relies upon its website for commercial purposes, it is the Customer's responsibility to ensure it has proper business insurance coverage. Customer also agrees that it is responsible for any content that appears on its website, and it is a Customer's sole responsibility to ensure that it does not infringe upon any existing trademark or copyrighted material.

17. COMPLAINTS

xByte Hosting's mission is to provide exceptional customer service. If a customer is unhappy with the services, they've received please do not hesitate to reach out to our Support Department expressing your concerns [email protected].

18. ACCOUNT VERIFICATION AND SECURITY

For any support requests requesting account or server changes, the Customer will be required to provide security verification. Security verification is established by the Customer within their billing control panel.

19. FORCE MAJEURE

xByte Hosting shall not be held liable for damages or otherwise for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of xByte Hosting.

20. RESELLERS AND RESELLER'S CUSTOMERS

It is the responsibility of a Reseller (Customer) of xByte Hosting to require its customer(s) to agree to a similar Terms of Service agreement that is separate in nature to this TOS Agreement, as this TOS Agreement also applies to Reseller's customers also.

21. RESERVATION OF RIGHTS

i xByte Hosting expressly reserves the right to cancel, terminate, suspend, or deny access to any Account or Services for any reason as determined by Company in its sole discretion. This includes, but is not limited to the following: (i) to correct mistakes made by Company (ii) to research or assist with Company's fraud and abuse detection and prevention efforts (iii) to comply with local, state, national and international laws, rules and regulations, requests of law enforcement, including subpoena requests, and court orders (iv) to comply with any dispute resolution process (v) to defend any legal action without consideration for whether such action is with or without merit (vi) to avoid any civil or criminal liability on the part of Company, its officers, directors, employees and agents.

ii Company also reserves the right to access all servers hosted by Company for any reason, including but not limited to (i) performing updates on servers and/or patches (ii) performing required updates for backup software (iii) performing scheduled maintenance (iv) tracking down suspicious activity and/or compromised servers.

22. CUSTOMER DATA

All content including source code, images, database(s) and other files ("Customer Data") uploaded to Customer's server space by Customer or on behalf of Customer shall be and remain the exclusive property of Customer. Company agrees to not: (a) have, acquire or assert any ownership or other proprietary right in any Customer Data; (b) use, copy or make any derivative works from, or permit any other person to use, copy or make any derivative works from, any Customer Data, except as (i) reasonably required in connection with the Services, (ii) as otherwise expressly agreed to in writing by Customer or (iii) such that is already or becomes publicly available; or (c) sell, disclose, transfer, assign, lease or otherwise commercially exploit or dispose of or grant access to any Customer Data.

On the expiration or termination of this TOS Agreement for whatever reason, the Customer shall be allowed to download all Customer Data within 72 hours of the termination. After termination, within 30 days, xByte Hosting agrees to destroy all copies of Customer Data on its systems.

The utilization of any data or information received by Customer from the utilization of the service to be provided by Company is at Customer's sole and absolute risk. xByte Hosting specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.

23. MODIFICATIONS AND ADDITIONAL TERMS

(a) These Terms: xByte Hosting can change, update, add or remove provisions of these Terms at any time by posting the updated Terms on the Site at this URL or a URL that this URL redirects to. The updated date will be updated to match the date the Terms was modified. If you do not agree with any of the updated Terms, you must stop using the Services. Unless otherwise required by law, the updated Terms are effective as of the day of posting.

(b) The Services: xByte Hosting may make changes to the Services at any time, without notice to you. If you object to any changes to the Services, your sole recourse will be to cease using the Services. Continued use of the Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as modified. We also reserve the right to discontinue the Services, or any component of it, at any time without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Services.

(c) Paid subscriptions: Please note that if you are under paid-subscription services with us, in the event we change the price for the services which you have previously agreed to pay or if we substantially change the services you are paying for, we will also notify you of such changes. Any changes will become effective after your then-current subscription expires or terminates. If you do not agree with such changes and you communicate this to us in accordance with the notification, we will not automatically renew your subscription even if you previously agreed to automatic renewal for payment.

(d) Additional Terms: In addition, certain features of the Services may be subject to additional terms of use ("Additional Terms"), which shall be provided to you at the moment you choose to use such features or services. By using such features, or any part thereof, you agree to be bound by the Additional Terms applicable to such features. In the event that any of the Additional Terms governing such features conflict with these Terms, the Additional Terms will govern.

(e) Executed Contract(s): If You have entered into a separate executed (i.e. signed) agreement for services with xByte Hosting (collectively and individually, "Contract"), such Contract shall supersede these Terms. In the event of any conflict between these Terms and the Contract, the Contract will prevail. In cases where the Contract does not address specific provisions included in these Terms, these Terms will apply, supplementing the Contract.

24. GOVERNING LAW

This TOS Agreement shall be governed by the laws of the State of Florida in the United States of America. If any term or provision of this TOS Agreement is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this TOS Agreement and the agreement which it evidences, shall remain in full force and effect.

25. GAME SERVERS

xByte Hosting does not provide hosting for Gaming Servers. xByte Hosting focuses on providing the best in Enterprise application servers and cloud hosting.

26. UTILIZATION

xByte Hosting reserves the right to limit users CPU, Memory and/or other processes to preserve the effectiveness of the service for all users. If a particular user is in extreme excess of what the average users of the machine have in use, that customer may be asked to remove content, cut resource usage, or relocate to a dedicated service.

27. NO WARRANTIES

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS, WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. XBYTE HOSTING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. OTHER THAN AS EXPRESSLY SET FORTH HEREIN, XBYTE HOSTING MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES XBYTE HOSTING MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE SERVICES WILL BE CORRECTED. ANY STATEMENTS MADE REGARDING SUCH MATTERS IN PROMOTIONAL MATERIALS SHALL BE CONSIDERED ADVERTISING REFERENCES, AND NOT WARRANTIES. YOU UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

XBYTE HOSTING HAS NO CONTROL OVER THE CONTENT OF THIRD-PARTY SERVICES. USE OF ANY THIRD-PARTY SERVICES WILL BE AT YOUR OWN AND SOLE RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF A SEPARATE AGREEMENT BETWEEN YOU AND THE THIRD PARTY.

XBYTE HOSTING MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM XBYTE HOSTING OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, WHETHER BY IMPLICATION, ESTOPPEL OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY MARKETING OR PROMOTIONAL MATERIALS DESCRIBING THE SERVICES ON XBYTE HOSTING WEBSITE.

UNLESS OTHERWISE AGREED TO IN WRITING, XBYTE HOSTING DOES NOT MAKE A BACK-UP OF YOUR SITE(S) AS PART OF THE SERVICES. ACCORDINGLY, WE ENCOURAGE YOU TO MAKE A BACK-UP OF YOUR SITE(S) ON A REGULAR BASIS.

28. LIMITATION OF LIABILITY

YOU ARE SOLELY RESPONSIBLE FOR CONTENT, THE OPERATION AND SECURITY OF YOUR ONLINE PORPERTIES AND/OR CONDUCT OF YOUR BUSINESS AND ALL OTHER MATTERS UNDER YOUR CONTROL. IN NO EVENT SHALL XBYTE HOSTING BE LIABLE TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO CONTENT, THE OPERATION OR SECURITY OF YOUR WEB-SITE AND/OR BUSINESS OR FAILURE TO OPERATE YOUR WEB SITE AND/OR BUSINESS.

THIS SECTION APPLIES TO ALL CLAIMS BY YOU OR YOUR END USERS IRRESPECTIVE OF THE CAUSE OF ACTION UNDERLYING THE CLAIM, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, STRICT LIABILITY, FRAUD, AND/OR MISREPRESENTATION.

REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT WILL XBYTE HOSTING, OUR AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES, TECHNOLOGY, OR CONTENT AVAILABLE ON THE SERVICES ("AFFILIATES"), BE LIABLE TO YOU IN ANY MANNER WHATSOEVER: (A) FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SERVICES; (B) FOR LOSS OR INACCURACY OF DATA, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (C) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOSS OF PROFITS OR LOSS OF REPUTATION, FOR BUSINESS INTERRUPTION OR SIMILAR ACTION, EVEN IF XBYTE HOSTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; or (D) FOR YOUR USE OF ANY THIRD-PARTY SERVICES.

REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT WILL XBYTE HOSTING, OUR AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES, TECHNOLOGY, OR CONTENT AVAILABLE ON THE SERVICES ("AFFILIATES"), BE LIABLE TO YOU IN ANY MANNER WHATSOEVER: (A) FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SERVICES; (B) FOR LOSS OR INACCURACY OF DATA, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (C) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOSS OF PROFITS OR LOSS OF REPUTATION, FOR BUSINESS INTERRUPTION OR SIMILAR ACTION, EVEN IF XBYTE HOSTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; or (D) FOR YOUR USE OF ANY THIRD-PARTY SERVICES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, XBYTE HOSTING'S TOTAL AGGREGATE LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO XBYTE HOSTING FOR SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT. THIS TOS AGREEMENT SUPERCEDES ANY AND ALL OTHER AGREEMENTS AS RELATED TO LIMITATION OF LIABILITY, WHETHER CREATED BEFORE OR AFTER THE DATE OF THIS TOS AGREEMENT.

29. CONTACT US

If you have any questions about these Terms and need to contact xByte Hosting for any reason, you can reach us xByte Hosting LLC 4614 19th Street Ct. E., Bradenton, FL 34203, with a copy to [email protected].

Terms Related to Civil Subpoenas:

Unless xByte Hosting has been specifically instructed in the subpoena to not notify the Customer, upon the receival of a valid civil subpoena, the Company will promptly notify Customer whose information is requested via email or contact information within client portal.

Company will charge the person or entity submitting the civil subpoena for costs associated with complying with the subpoena.