Terms of Service

By using our services, you agree to the terms of service outlined within.

 

Last revised 17th June 2017

1. Introduction

Welcome to NanoByteHosting. NanoByteHosting ("Us"), ("We"), provides a variety of hosting and domain services.

These terms and conditions shall govern your use of NanoByteHosting.

By using NanoByteHosting, you ("Visitor"), ("Client"), ("Customer"), accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use NanoByteHosting.

If you register with NanoByteHosting, submit any material to NanoByteHosting or use any of NanoByteHosting's services, NanoByteHosting will ask you to expressly agree to these terms and conditions.

2. Copyright notice

Copyright (c) 2017 NanoByteHosting. Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual

property rights in NanoByteHosting and the material on NanoByteHosting; and

(b) all the copyright and other intellectual property rights in NanoByteHosting and the

material on NanoByteHosting are reserved.

3. License to use website

You may:

(a) view pages from NanoByteHosting in a web browser;

(b) download pages from NanoByteHosting for caching in a web browser;

(c) print pages from NanoByteHosting;

(d) stream audio and video files from NanoByteHosting; and

(e) use NanoByteHosting services by means of a web browser,

subject to the other provisions of these terms and conditions. Except as expressly permitted by Section 4 or the other provisions of these terms and conditions, you must not download any material from NanoByteHosting or save any such material to your computer. You may only use NanoByteHosting for your own personal and business purposes, and you must not use NanoByteHosting for any other purposes. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on NanoByteHosting. Unless you own or control the relevant rights in the material, you must not:

(a) republish material from NanoByteHosting (including republication on another website);

(b) sell, rent or sub-license material from NanoByteHosting;

(c) show any material from NanoByteHosting in public;

4. Acceptable use of our services

You must not:

(a) use NanoByteHosting in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use NanoByteHosting in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use NanoByteHosting to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to NanoByteHosting without our express written consent;

(e) access or otherwise interact with NanoByteHosting using any robot, spider or other automated means;

(f) violate the directives set out in the robots.txt file for NanoByteHosting; or

(g) use data collected from NanoByteHosting for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing)

You must not use data collected from NanoByteHosting to contact individuals, companies or other persons or entities.

You must ensure that all the information you supply to us through NanoByteHosting, or in relation to NanoByteHosting, is true, accurate, current, complete and non-misleading.

5. Registration and accounts

You may register an account with NanoByteHosting completing and submitting your details on the registration form.

You must notify us in writing immediately if you become aware of or suspect unauthorised use of your account.

You must not use any other person's account to access our website, unless you have their express permission to do so.

6. User accounts, IDs and passwords

If you register for an account with NanoByteHosting, you will be asked to choose an email and password to login with. Should you use PayPal Express as a payment method, these details will be retrieved from your PayPal account. Your password remains confidential, and is not shared with us, as a result a random password is generated.

You must be at least 18 years of age.

You must keep your password confidential at all times. We will not be held responsible for any unauthorised access to your account due to failure to keep your password confidential.

You must notify us in writing immediately if you become aware of any disclosure of your password.

You are responsible for any activity on NanoByteHosting arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

7. Cancellation, termination and cancellation of accounts

NanoByteHosting may:

(a) suspend your account

(b) cancel your account; and/or

(c) edit your account details;

(d) terminate or block access to your account, temporarily or permanently.

at any time in our sole discretion without notice or explanation.

You may cancel your account at any time by:

(a) sending us a message on our website

(b) submitting a support ticket on our client area

(c) writing us an email at (support at nanobytehosting dot com)

8. Acceptable use for hosting accounts

NanoByteHosting must be used for lawful purposes only.

We do not allow:

(a) anything that may cause harm to the server or cause excessive server load, including, but not limited to, high CPU usage;

(b) illegal, pirated or nulled content;

(c) unsolicted bulk, junk or useless email sent from our servers;

(d) spam;

(e) mass data or file storage;

(f) gambling and fradulent sites;

(g) outbound DDoS attacks, or too many packets sent from your account of any kind;

(h) any material or content that violates copyright;

(i) booter services, or any websites that promote, host or has any relation to malicious content;

(j) pornography or sexual references of any kind.

9. Your content; rules

You warrant and represent that your content will comply with these terms and conditions.

Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence, in an explicit, graphic or gratuitous manner;

(m) be pornographic, lewd, suggestive or sexually explicit;

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) constitute spam;

(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r) cause annoyance, inconvenience or needless anxiety to any person.

10. Limited warranties

We do not warrant or represent:

(a) the completeness or accuracy of the information published on NanoByteHosting;

(b) that the material on the website is up to date; or

(c) that the website or any service on the website will remain available.

NanoByteHosting reserve the right to discontinue or alter any or all of NanoByteHosting services, and to stop publishing NanoByteHosting, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if NanoByteHosting stop publishing the website. To the maximum extent permitted by applicable law and subject to the below section, NanoByteHosting exclude all representations and warranties relating to the subject matter of these terms and conditions, NanoByteHosting and the use of NanoByteHosting.

11. Limitations and exclusions of liability

Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a) are subject to the start of this section; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that NanoByteHosting and the information and services on NanoByteHosting are provided free of charge, NanoByteHosting will not be liable for any loss or damage of any nature. As DDoS protection is free of charge, NanoByteHosting will not be held liable for any any loss or downtime as a result of a DDoS attack.

NanoByteHosting will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

NanoByteHosting will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

NanoByteHosting will not be liable to you in respect of any loss or corruption of any data, database or software.

NanoByteHosting will not be liable to you in respect of any special, indirect or consequential loss or damage.

You accept that NanoByteHosting have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that NanoByteHosting are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

12. Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if NanoByteHosting reasonably suspect that you have breached these terms and conditions in any way, NanoByteHosting may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to NanoByteHosting;

(c) permanently prohibit you from accessing NanoByteHosting;

(d) block computers using your IP address from accessing NanoByteHosting;

(e) contact any or all your internet service providers and request that they block your access to NanoByteHosting;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or (g) suspend or delete your account on NanoByteHosting.

Where NanoByteHosting suspend or prohibit or block your access to NanoByteHosting or a part of NanoByteHosting, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

13. Variation

NanoByteHosting may revise and edit these terms and conditions from time to time at our sole discretion.

The revised terms and conditions shall apply to the use of NanoByteHosting from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. / NanoByteHosting will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of NanoByteHosting from the date that NanoByteHosting give you such notice; if you do not agree to the revised terms and conditions, you must stop using NanoByteHosting.

If you have given your express agreement to these terms and conditions, NanoByteHosting will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as NanoByteHosting may specify, NanoByteHosting will disable or delete your account on the website, and you must stop using the website.

14. Assignment

You hereby agree that NanoByteHosting may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

15. Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

16. Third party rights

These terms and conditions are for our benefit and your benefit, and these terms and conditions are not intended to benefit or be enforceable by any third party.

The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.

17. Entire agreement

Subject to Section 11, these terms and conditions, shall constitute the entire agreement between you and us in relation to your use of NanoByteHosting and shall supersede all previous agreements between you and us in relation to your use of NanoByteHosting.

18. Law and jurisdiction

These terms and conditions shall be governed by and construed in accordance with U.S and Australian law.

Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Australia.

19. Payments and billing

All generated invoices are payable and failure to make payment before the due date may result in service suspension or termination.

Invoices unpaid five (5) days after the due date will be suspended.

Fifteen (15) days after the due date, your service will be terminated, and all data, including backups, will be permanently deleted, unless you make payment before this period. Data cannot be recovered after this period, and NanoByteHosting will not be held liable for any losses due to non-payment.

Service cancellation requests can be made at any time through our client area.

NanoByteHosting does not have access to any client’s PayPal account therefore, we cannot and will not be held responsible for unintended payments made via the automatic payment subscription service.

20. Refunds and Chargebacks

NanoByteHosting offers a twenty-four (24) hour money back guarantee. This period is counted from the initial payment time (first invoice generated) to the refund request time. Refunds may only be provided to eligible customers.

Refunds requested after this period cannot be issued.

Refunds will not be issued to customers who breach or violate the Terms of Service outlined within.

Chargebacks may not be made at any time. A chargeback may result in, including, but not limited to:

(a) suspension or termination of the service

(b) permanent termination and blocked access to NanoByteHosting and its website

(c) your IP address being added to our system blacklist; thus preventing you from accessing NanoByteHosting

(d) legal action taken against you

21. Disclaimer

NanoByteHosting's services are provided as-is with no guarantees.

NanoByteHosting disclaims any warranty or merchantability or fitness for a particular purpose.

This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by NanoByteHosting and its employees or providers.

22. Our details

This website is owned and operated by NanoByteHosting.

You can contact us by e-mail at [support at nanobytehosting dot com], by using our contact form on our website, or by using the live chat service when available.

Privacy Policy

Cookies

NanoByteHosting and its website uses cookies; by using NanoByteHosting or agreeing to these terms and conditions, you consent to our use of cookies. Disabling cookies in your web browser may result in limited functionality; however, NanoByteHosting remains accessible and viewable.

IP Address Logged

By visiting our website, your IP address is logged and stored in our system. We collect your IP address to enhance your experience as a customer as well as verify your information to help protect against fraud.

Address

We collect your billing address on signup; this is used to display your billing address on applicable invoices.

Name

We collect your name on contact forms as well as signup; this gives us a better way to address you.

E-Mail Address

We collect your e-mail address on contact forms as well as signup; this gives us a way to contact you and notify you of any changes.

Phone Number

We collect your phone number on contact forms as well as signup; this gives us a way to notify you, only if absolutely necessary.

Country

We collect your country on signup; this is mainly to calculate fees and other information.

PayPal Email

We collect your PayPal email; should disputes or chargebacks occur, we can email you using this address.

 

Your information is kept private and will not be sold or provided to third parties.