The most current version of our Terms of Service can always be found at http://signup.sixbyte.net/terms.html. This document may change from time to time. Changes go into effect and are applied to all customers from the time that they are posted to the above URL.
1. SERVICE DESCRIPTION
SixByte Systems provides internet web hosting and associated services and maintains dedicated server computers, other equipment and software which is integrated with the internet. These servers send and receive data and information in relationship to the internet. Customers who wish to utilize the hardware and software resources of SixByte Systems to establish an internet web presence using SixByte Systems’ web hosting services and network are subject to the terms and conditions as outlined below.
2. CONDITIONS
The Customer's application and this Agreement constitute a legal and binding contract between SixByte Systems and the Customer and does not extend to any other person or entity.
3. WARRANTIES
With respect to the services to be provided herein, the Customer acknowledges that SixByte Systems makes absolutely no warranties whatsoever, express or implied. As a result, the Customer agrees that SixByte Systems shall not be liable to the Customer for any claims, damages, or loss of profit which may be suffered by the Customer or any other entity in any respect for direct, indirect, consequential, actual, or punitive damages arising out of, or in relation to, the services provided herein, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions.
4. INFORMATION
The utilization of any data or information received by the Customer from the utilization of the service to be provided by SixByte Systems is at the Customer's sole and absolute risk. SixByte Systems specifically disclaims and denies any responsibility for the completeness, accuracy, or quality of information obtained through the services to be provided hereby.
5. DOMAIN NAME
If the customer acquires a domain name through SixByte Systems, then in such case the Customer hereby waives any and all claims for any reason which it may have against SixByte Systems, for any loss, damage, claim, or expense arising out of, or in relation to, the registration of such domain name in any online or offline network directories, membership lists or registration lists, or the release of the domain name from such directories or lists following the termination of SixByte Systems’ service to Customer.
6. PAYMENT
Payment is due according to the selected fee schedule following the establishment of the hosting service on the internet. Web space and services will be billed a minimum of one (1) month in advance depending on the selected fee schedule. Subsequent payments are due on the 5th day of each month as per the selected fee schedule. In the event that the Customer fails to pay for such services in advance, SixByte Systems shall be entitled to suspend the Customer's service without notice until payment is made. A US$20.00 service fee will apply to all bounced checks. A US$20.00 service fee will apply to all credit card chargebacks.
The customer will continue to be billed until the customer cancels their hosting account by filling out our Account Cancellation form. SixByte Systems will not deactivate hosting for a domain without a completed cancellation form. The customer is liable for all services rendered and billed up until the time that the account is cancelled. Hosting charges are not pro-rated when an account is cancelled. As long as the cancellation form is completed prior to the first of the next month, the customer will not be billed beyond the current month. Please refer to our Account Cancellation form for additional information related to domain hosting deactivation.
6 month pre-payments and 12 month pre-payments are non-refundable after 30 days.
7. RESTRICTIVE USE
The Customer may only use SixByte Systems’ services for lawful purposes. In the event that at any given time, SixByte Systems believes that the service is being used by the Customer in contravention with any of the terms and provisions contained in this Agreement, SixByte Systems has the right to immediately discontinue such service to Customer without liability other than to refund any unearned prepaid service fees. The following are restrictive uses and shall be cause for the immediate termination of web services and this Agreement without notice or refund to the Customer:
- Unauthorized distribution or copying copyrighted software and files (including MP3's, warez, cracks, ROMs, etc.), violation of US export restrictions, harassment, fraud, trafficking in obscene material, drug dealing, terrorist propaganda, and other illegal activities. SixByte Systems reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution.
- We do not host porn/adult websites. We do allow erotic photography, erotic art and other adult material. You are responsible for making sure that you provide proper warnings and disclaimers concerning the contents of your website. Our definition of a porn site is a website that sells memberships to access adult images and video or a site that is solely setup to distribute adult images and video. Most porn sites in general tend to have a heavy load on the server because they attempt to attract as much traffic as possible to the site and the visitors to these sites in turn download a high volume of files. We avoid hosting any sites that may have a adverse affect on the performance of our servers and the sites they host. The Customer expressly understands and agrees that SixByte Systems is not liable for legal action taken against Customer sites that have content featuring nudity and/or of a sexual nature. If you are still not sure how we would classify your site, then contact us, referencing the U RL of your site and we'll let you know if it is the type of site that we can host.
- In general, we do not host download sites, i.e. sites that exist specifically to enable people to download files, such as mp3's, ROMs, emulators, video games, cheats etc.
- Using a non-existing email return address on a commercial solicitation, spamming (sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user), trolling (posting outrageous messages to generate numerous responses, mailbombing (sending multiple messages without significant new content to the same user), subscribing someone else to a mailing list without that person's permission or attempting without authorization to enter into a secured computer system is considered Internet abuse. Internet abuse may result in the termination of user accounts. SixByte Systems reserves the right to determine what is deemed to be Internet abuse.
- Unsolicited advertising via email and/or "Spamming" is a violation of State and Federal Law and is otherwise a violation of this agreement. This includes referencing domains hosted on SixByte Systems servers in said spam. Such prohibited conduct subjects Customer to immediate cessation of service as provided herein and the termination of this agreement without notice. SixByte Systems reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution. In addition, SixByte Systems has the right to charge one dollar (US$1.00) per email recipient for any such activity.
- Tortuous conduct such as posting of defamatory, libelous, slanderous, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyright, or other intellectual property rights may result in the termination of account of forfeiture of funds paid to SixByte Systems for services rendered.
- MUDS, Listservers or any other internet application that are not website specific, are specifically prohibited.
- Any other misuses of the system resources, such as employing scripts or programs which consume excessive CPU time or storage space, permitting use of mailservers, mail forwarding capabilities, POP accounts, file managers, autoresponders or resale/outsource of access to CGI scripts installed on our servers.
- Attempting without authorization to enter into a secured computer system. Malicious hacking, cracking or otherwise altering of a site owned and operated by another person. SixByte Systems reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution.
- CGI script sharing with other domains is not permitted. Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
- IRC software, IRC bots or Eggdrop bots are not allowed on our servers.
- Customer installed chat room scripts or programs are not allowed on our servers.
- We do not allow web cams because they could potentially reduce our servers' performance as well as use large amounts of bandwidth.
- Customer installed shell emulators are not allowed on our servers.
- Customer installed virtual servers, file systems or system binaries are not allowed on our servers.
- Banner ad scripts and other types of offsite ad serving scripts are not allowed on our servers.
- Mass mailings, scripts that send out mass mailings or any other kind of high-volume mailing activities are not allowed on our servers.
- Dating or personals scripts and scripts that send out anonymous email are not allowed on our servers.
SixByte Systems reserves the right to modify or otherwise amend these terms without prior notice or warning.
8. UNILATERAL SERVICE REVOCATION
In the event that SixByte Systems may at any time believe that the service is being utilized for unlawful purposes by the Customer or in contravention with the terms and provisions herewith, SixByte Systems may immediately discontinue such service to the Customer without liability. This will include failure to pay, illegal activities and/or unsolicited email.
9. INDEMNIFICATION
The Customer shall indemnify and hold harmless SixByte Systems from any and all loss, cost, expense, and damage on account of any and all manner of claims, demands, actions, suits, proceedings, judgments, costs and expenses that may be initiated against SixByte Systems and SixByte Systems’ officers, directors, and employees for any service provided to Customer by SixByte Systems to include web space content that violates any copyright, proprietary right of any person, state and federal regulations, or contains any matter that is libelous or scandalous.
10. CHANGES IN TERMS OF AGREEMENT
SixByte Systems reserves the right to make changes to the terms and conditions of this Agreement at any time to include service pricing, advising of the change and the effective date thereof, but with changes in service fees being effective only at the end of any period for which the Customer has prepaid. Utilization of the service by the Customer following the effective date of such change shall constitute acceptance by the Customer of such change(s).
11. ENTIRE AGREEMENT AND UNDERSTANDING
This document and services constitute the entire Agreement between the parties, and represents the complete and entire understanding of the parties with respect to the subject matter of this Agreement.
12. RELATIONSHIP
The parties here to are independent entities and nothing contained in this Agreement shall be construed to constitute Customer as an agent, employee, partner, independent contractor, joint venture partner, or any other similar entity.
13. GOVERNING LAW
This Agreement shall be governed by the laws of the State of Oklahoma in the United States of America. Each party agrees that jurisdiction and venue for any and all claims, disputes or other matters arising out of the services provided herein and under this Agreement will only lie in Tulsa County, Oklahoma. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement and services provided herein, the prevailing party in such action shall be entitled to all reasonable costs to include attorney fees.
14. SEVERABILITY
In the event that any term or provision of this Agreement is held by a court of competent jurisdiction to be illegal, unenforceable or invalid in whole or in part for any reason, the remaining provisions of this Agreement shall remain in full force and effect.
15. CONFIDENTIALITY
Customer acknowledges that any information not generally known by, or disclosed to the public, to include but not be limited to computer programs, source code, algorithms and inventions are the property of SixByte Systems and may not be utilized or released without the express written permission of SixByte Systems.
16. INTERPRETATION
The format, words and phrases used herein shall have the meaning generally understood in the telecommunications/software/internet industries. This Agreement shall be construed in accordance with its fair meaning and not against the drafting party.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this Agreement for the person or entity herein named as a party hereto by placing an order by telephone, in writing and/or electronically.
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