Free Website hosting
With any packages, and services we sell that can come with free web hosting are subject to 3rd party conditions, these are pretty much the standard terms and conditions you will find with most web hosting providers.
Hosting Server Resources
Any site that utilizes a high amount of machine resources (such as, but not limited to, CPU time, memory usage, and network resources) will be presented with the choice to cut back the resources used to an acceptable level, or upgrade its service to a more suitable package. Our 3rd party will consider the appropriate solution to meet your high server usage level. Spamming Transmitting unsolicited bulk and/or commercial messages over the web (referred to as "spamming") is prohibited, regardless of whether or not it overloads a server or interferes with service to ByBe customers or our 3rd Party Service Providers. The term "spamming" includes, but is not limited to, maintaining an open SMTP policy, participating in spamming while using service of some other ISP or IPP and referencing in the spam a Web site hosted on our 3rd party’s server, and selling or distributing software (on a Web site residing on a on our 3rd parties server) that facilitates spamming. Violators will face immediate suspension. Our 3rd Parties reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
ByBe and its 3rd Party Hosting Providers guarantees that your website will be up and running at least 99.9% of the time during any given 12-month period. This guarantee includes network and web server uptime. It doesn't cover any areas where our 3rd parties have no direct influence, such as backbone provider failures, fibre-optic main line cuts, DNS or Domain Registrar difficulties with subscriber's domain name, denial of service attacks, or connection issues between your client's location and the 3rd parties data centre. This uptime guarantee is also not applicable if the service interruption was caused by external issues such as Acts of God, Wars or any other natural or unnatural events that Webhostingpad.com cannot directly influence.
In the event that our providers do not meet the 99.9% uptime guarantee, you will need to communicate with the provider to obtain a hosting credit which will extend your term of usage on the server, free of charge. If you do encounter this problem, we do not hesitate to contact ByBe Directly if you are having problems resolving this issue. We carefully monitor our 3rd parties for customer service and operations.
Software Distribution & Gaming
Our selected 3rd Parties Web Hosting and Ecommerce accounts are not configured for the purposes of distributing software and/or multimedia products. Including but is not limited to file sharing, torrents, warez, and pirated material. Running any online gaming is prohibited because of intense CPU and memory usage.
Ownership of Web Site
The legal owner of customers' Web sites and accounts with the our 3rd party web hosting provider will be the individual or organization whose name is listed in 3rd Parties database as the owner. Customers will fully cooperate with and abide by any and all of our 3rd party web host provider security measures and procedures in the event of any dispute over ownership of customers' Web sites and accounts with our 3rd party.
ByBe and our 3rd Party servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation associated with a particular law or regulation is prohibited. This consists of, however is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
The Digital Millennium Copyright Act ("DMCA") sets forth the law concerning the use of copyrighted materials on the Internet. All ByBe and 3rd Party Company customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a ByBe and 3rd Party customer (per the DMCA) to ByBe must follow the below procedures. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at ByBe and our 3rd Parties sole discretion.
DMCA Copyright Infringement Notification Requirements:
- Physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant").
- Identification of the copyrighted work(s) claimed to have been infringed.
- Identification of the material claimed to infringe the copyright(s), and enough information for our 3rd Parties to locate it including URLs and specific items.
- The Claimant's name, address, and phone number(s).
- A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
- A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
The DMCA contains very specific guidelines as to what proper notification of claimed infringement must contain. Copyright owners may have a copy of the DMCA, including these guidelines, by going to the web site of the U.S. Copyright Office at DCMA ByBe and its 3rd Parties are not required to respond to notices that do not meet the requirements of the DMCA. Copyright owners must be aware that there are substantial penalties for false claims and that ByBe inc 3rd Parties will actively refer complainants who use the DMCA for improper purposes to relevant law enforcement agencies. In the event that our 3rd Parties must remove, or disable access to, material on your web site that is alleged to infringe another's copyright under the DMCA, you acknowledge and agree that our 3rd Parties may do so by disabling usage of your whole internet site.
Pornography The usage of ByBe and its 3rd Party provided services to store, post, display, transmit, advertise or otherwise make available pornography is forbidden.
Web Hosting Disclaimer
ByBe including its 3rd Party services is provided on an as is, as available basis without warranties of any sort, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. ByBe and it’s 3rd Parties expressly disclaims any representation or warranty that the ByBe / 3rd Parties service will be error-free, secure or uninterrupted. No oral advice or written information given by ByBe, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. ByBe and its partners and suppliers will never be responsible for any cost or damage arising either directly or indirectly from any transaction or use of the service.
ByBe and its 3rd party service partners may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with ByBe services. Certain changes to ByBe and any 3rd party services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and ByBe and its partners is not liable, for any and all such personalized applications and content, except as expressly agreed to by ByBe and 3rd Parties.
Backup of Data
Except where ByBe and hosting services provided by our 3rd party partners has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and ByBe and its partners are NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with ByBe or 3rd Party services. Our 3rd Party servers are also NOT be used as a backup storage and is only intended for hosting web files.
Refusal of Service
ByBe and its 3rd party web hosting providers reserve the legal right to refuse, cancel or suspend service at our sole discretion, including but not limited to spamming and the abuse of staff or our servers. All sub-networks, distributive hosting sites of bybe.net must adhere to the above policies.
Third Party Providers
You agree that certain services may be provided by third party providers of ByBe and that your use of such services may be subject to further agreements, policies, terms, and conditions in addition to those contained or referenced in this Agreement. All customers are giving a list of our 3rd party terms and conditions to view and agree before taking out any service we provide.