Terms of Service
Our Terms of Service

Terms of Service

All Customers of Byteswap's basic services are subject to the terms and conditions contained in the User Agreement. The User Agreement is a legal contract between Byteswap and the User that contains the rights, duties and obligations of Byteswap and the User.

1. Account Setup

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with Byteswap, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. Byteswap is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

(Please note that your signup date would be your billing date for recurring payments in case of bank deposits or delayed payments. For example, if you have signed up on the 2nd day of the month and did not pay for 8 days, the billing system would still generate your next invoice on the 2nd of the next month even though your account would be setup only after the payment has been received for the service. So we urge you to make payments without delay when using offline payment methods to avoid account setup delays.)

2. Transfers

Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer even under paid transfers. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.

The free transfer services are available for 10 days from your sign up date. Transfers outside of the 10 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.

3. Content

All services provided by Byteswap may only be used for lawful purposes. The laws of the USA Government apply. The customer agrees to indemnify and hold harmless Byteswap from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuseerport@Byteswap.com with the information required. If the request is of a licensing issue, we may require further documentation.

Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.

Adult Websites Hosting X rated content including photos, videos, streams and links are not allowed by law on the Servers. You may signup with Byteswap.com if you wish to host legal adult content on your site. Hosting such content on the servers would result in termination of your services without notice and the account won't be eligible for refunds of any kind due to the nature of the offence being serious.

Hosting and Distributing Copyrighted Film Music from any language is strictly prohibited on the servers. We will have to suspend your site without notice if a complaint is received about your site distributing such content. We also do regular audits to keep a check on such content being hosted on our servers.

WAP Websites Distributing Copyrighted Music,Games,Mobile Apps, General Applications or any third-party paid Softwares are also not allowed on our servers. We do regular audits to keep a check on such content being hosted on our servers. As part of our Anti-warez measures, we strictly do not allow such applications and content to be hosted on our servers.

Examples of unacceptable material on all Shared and Reseller servers include:

  • Topsites
  • IRC Scripts/Bots
  • Proxy Scripts/Anonymizers
  • Pirated Software/Warez
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to rapidshare)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • MUDs/RPGs/PBBGs
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

Examples of unacceptable material on all Dedicated servers include:

  • IRCD (irc servers)
  • IRC Scripts/Bots
  • Pirated Software/Warez
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/spam Scripts
  • Escrow
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

Byteswap services, including all related equipment, networks and network devices are provided only for authorized customer use. Byteswap systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Byteswap system(s) constitutes consent to monitoring for these purposes. Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Byteswap may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours. Sites hosted on Byteswap.com's service(s) are regulated by International standard and US law.

If in doubt regarding the acceptability of your site or service, please contact us at abusereport@Byteswap.com and we will be happy to assist you. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita): Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice. Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

4. Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, email, instant messaging, or usenet/newsgroups. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

Byteswap reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.Byteswap reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Byteswap.

You agree to supply appropriate payment for the services received from Byteswap, in advance of the time period during which such services are provided. You agree that until and unless you notify Byteswap of your desire to cancel any or all services received, those services will be billed on a recurring basis. Cancellations must be done in writing via the cancellation form provided. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic "Your request has been received..." email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed. As a client of Byteswap, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify Byteswap of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by Byteswap. Byteswap reserves the right to bill your credit card or billing information on file with us. Byteswap provides a 5 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 5 days and not paid will result in a 10% late fee and/or an account suspension until account balance has been paid in full. The 10% late fee is applied in addition to whatever else is owed to Byteswap for services rendered. Access to the account will not be restored until payment has been received.

It is the customer's responsibility to notify our team via email at care@Byteswap.com after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and Byteswap cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal. Subsequently, domain renewals are billed and renewed 30 days before the renew date. It is the customer's responsibility to notify our team via email at care@Byteswap.com for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations, and renewals are final.Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact care@Byteswap.com Byteswap reserves the right to change the monthly payment amount and any other charges at anytime.

5. Backups and Data Loss

Your use of this service is at your sole risk. Our backup service is ran on Sunday or a weekend day of each week, overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. Byteswap is not responsible for files and/or databases residing on your account. You agree to take full responsibility for files and databases transferred and to maintain all appropriate backup of files and databases or any other form data stored on Byteswap servers.

6. Cancellations and Refunds

Byteswap reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice. It is the client's responsibility to maintain decency and politeness when communicating with our staff irrespective of any issues you have. Each of our communication channels are monitored with proper logs to trace any staff abuse by clients including verbal abuse using our phone system. We reserve the right to suspend or terminate your services without notice if you are found guilty of this offence. No refunds will be made in such cases irrespective of your signup date.

Customers may cancel at any time via a cancellation form. Byteswap gives you an unconditional 30 day money back guarantee on managed shared hosting, and reseller solutions for any customer who paid the first invoice with a credit card or with Paypal. Cancellations requested after the initial 30 days for Shared and Reseller accounts will go into effect on the renewal date for that particular hosting package. Unless specifically requested, the account will remain active until the period expires. Any request for a refund outside of the initial 30 day period will be given on a prorated basis from when the refund was requested, if the account is eligible for a refund. Refunds are determined by the Cancellation agents at the time the account is canceled.

The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:

  • Bank Wire Transfers
  • Cash Deposits into our Bank Accounts
  • Western Union Payments
  • Checks
  • Money orders
  • Basically any offline payments are non-refundable even when the refunds are eligible under the money back guarantee.

There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Refund requests for shared and reseller accounts after the initial 30 days will be refunded on a prorated basis of any unused time. VPS Semi-annual packages are not eligible for refunds. Any amount paid towards these packages can only be adjusted across for upgrades to higher lever VPS plans of dedicated servers.

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Customers signing up for the sole purpose of getting a refund would be classified as people misusing our refund policies. We have found out that people suspended on other hosts for resource abuse/spam etc. signup under the Money back guarantee and try to overload our servers too. This is against the TOS and as below, no refunds will be issued in such cases. Also such people just need a place to dump their data at times and just misuse the refund policy for temporary hosting. We will evaluate if such misusage was done before processing any refunds on all accounts. Accounts found guilty would not be entitled for a refund. Violations of the Terms of Service will waive the refund policy.

7. Resource Usage

User may not:

  • Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
  • Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
  • Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
  • Run any software that interfaces with an IRC (Internet Relay Chat) network.
  • Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
  • Participate in any file-sharing/peer-to-peer activities.
  • Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
  • Run cron entries with intervals of less than 15 minutes.
  • Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
  • When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include ("http://yourdomain.com/include.php") use include ("include.php").
  • To help reduce usage, do not force html to handle server-side code (like php and shtml).
  • Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

8. Backup limit

Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.

9. Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

10. Money back Guarantee

On dedicated servers no full refund will be honored the 30 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.

Each of Byteswap's managed sharedand reseller hosting plans carry a 30 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared or reseller packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Byteswap will not activate new orders or activate new packages for customers who have an outstanding balance with Byteswap. For a new order to be setup or a new package to be activated, you must have a balance of Rs.0.00, unless otherwise stated by Byteswap in writing.

11. Uptime Guarantee

If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of Byteswap dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact care@Byteswap.com with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

12. Reseller: Client Responsibility

Resellers are responsible for supporting their clients. Byteswap does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. Byteswap will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

13. Shared (non-reseller accounts) / Semidedicated Servers

Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. Semi-dedicated servers are not backed up. You must maintain your own backups.

14. Dedicated Servers

Byteswap reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. Byteswap reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the simplest solution. Please contact care@Byteswap.com if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.

15. Price Change

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on Byteswap.com, and the right to increase the amount of resources given to plans at any time.

16. Coupons

Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price.

17. Abuse compliance

Byteswap shall not be responsible for any abuse reports for the clients who rent a dedicated server from us and all the abuse reports are subject to penalised and service terminations.

18. Disclaimer

Byteswap shall not be responsible for any damages your business may suffer. Byteswap makes no warranties of any kind, expressed or implied for services we provide. Byteswap 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 Byteswap and its employees.

19. Changes to the TOS

Byteswap reserves the right to revise its policies at any time without notice.

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