Terms of Services

1. Human readable/understandable

These Terms of Service are written in everyday language so everybody can understand it. Please read it.

  1. Whatever you do with your AppBox is your responsibility. Bytesized Hosting cannot be held responsible for any (financial or other) damage that you might suffer.
  2. No explicit illegal content is allowed (i.e. child porn), we will report you to the proper authorities if found.
  3. Our servers should be used for lawful purposes.
  4. Spamming or hacking attempts made from your box will result in instant termination without a refund.
  5. Unmetered bandwidth doesn't mean servers can be brought to a standstill by messing with the settings. We reserve the right to change any custom settings that are made and to disable you if you make the server unusable for other members.
  6. We reserve the right to change our advertised bandwidth usages and price information given prior notice.
  7. You are not allowed to run applications not installed by default or without express authorization of a staff member. We will disable your account and multiple offenders will get their service terminated. If you need to run custom applications, VPS might be more suitable.
  8. VPS accounts come with limited support. We are obligated to fix any problem with VPS itself but software installation and configuration is your responsibility (we will try to help when we can).
  9. We don't make any back-ups of your data. We cannot be held responsible for any possible data loss. If you store anything important on our servers make off-site backups yourself!
  10. Support is usually available 20 hours a day via our ticket system. We don't offer 24/7 support, but we always do our best to resolve problems in a timely fashion.
  11. There will be no refunds after the first 48 hours of service. See our refund policy for details.
  12. We reserve the right to ask for proof of identity when fraud payments are suspected.
  13. If you mention that you love Tachikoma's, Animazing will give you a big old hug, since that means you actually read this.
  14. Our providers don't refund us for any downtime. We will however compensate each day after from the third workday of downtime. You can also request a temp box after the second day of downtime.
  15. We reserve the right to refuse service renewal if any of the staff members are abused or treated unfairly. We are polite and we expect nothing more or less from our members.
  16. We reserve the right to refuse refund for boxes that are in Beta or Alpha testing
  17. We reserve the right to change our Terms of Service.

2. Official Terms of Service

General

This page, the Bytesized Terms of Service Agreement ("Terms") explains the regulations required to use our any of our services and web sites ("Services") described for use by Customers ("Customer") offered by Bytesized Hosting B.V. ("Bytesized") registered at the Dutch chamber of commerce with number 66427460. These Terms may be updated by Bytesized at any time without notice to the Customer.

You cannot use any of our services without agreeing to the Terms specified on this page. When signing up for an account the Customer agrees to the laid out terms.

You cannot use any of our services if you are not the legal age to form a binding agreement in your country of residence.

Bytesized witholds the right to refuse anybody service.

Refunds

The Customer agrees and understands the Refund policy provided by Bytesized.

Support

The Customer understands that there is no guaranteed support answering time, support as provided as is.

Failure to Pay

Bytesized retains the right to disable any services you may hold with us when one of the Customer's services are overdue.

Price and Specifications

Bytesized reserves the right to alter prices, storage quantities, network rates, network volumes, and computational capabilities of all Services at its sole discretion.

Content license

The Customer retains copyright and all other rights they already hold in content which is stored on, or distributed through Services provided by Bytesized. By storing or distributing content through Services, you give Bytesized a perpetual, irrevocable, worldwide and royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, and publicly perform, publicly display and distribute said content using Services. The Customer agrees that this license includes a right for Bytesized to make such content available to other companies, organizations or individuals with whom Bytesized has relationships for the provision of syndicated services, and to use such content in connection with the provision of those services. You understand that Bytesized, in performing the required technical steps to provide the Services to our users, may: transmit or distribute your Content over various public networks and in various media make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media You agree that this license shall permit Bytesized to take these actions. You confirm and warrant to Bytesized that you have all the rights, power and authority necessary to grant the above license.

Compliance with Law

The Customer accepts full responsibility and accountability for all content stored on, downloaded to, or distributed from their Services. The Customer certifies that they have legal rights to distribute and store everything stored on their Services, and all content is legal under Dutch law, in addition to the laws of the country or region in which the Customer resides, and the laws of the countries or regions in which their Services reside.

Common Carrier

Bytesized and Customer agree that Bytesized is solely acting as a common carrier in its capacity of providing services. Customer agrees that they are the publisher of any material or information and responsible for it adhering to the Terms. The content distributed by Customer is in no way reflective of Bytesized, Bytesized does not filter or inspect the content distributed by Customer using Services. All material stored or distributed by the Customer using Services is considered publicly accessible. Bytesized distribution of content provided by Customer does not express or imply approval of material by Bytesized, nor does it confirm that the material is in compliance with the Terms.

Availability

The Customer understands and agrees that interruptions of any Services may occur at any time and without prior notification, and may continue for any duration. The Customer agrees that under no circumstances will Bytesized be held liable for any financial or other damages due to such interruptions. In no event shall Bytesized be held liable to the Customer for any damages, including but not limited to refunds, fees, loss of profits, loss of income, or cost of replacement services. The failure or interruption shall not be considered a default under these Terms.

Backups

Bytesized does not keep backups of your data, the Customer is responsible for it's data preservation. Bytesized shall never be held liable for failure to recover data in the event of any sort of failure, and shall never be held accountable financially or otherwise for loss of data.

Liablity

Bytesized is not liable for protection or privacy of any content transmitted through the Internet or any other network provider, or services the Customer may use.

Disclaimer of warranties

Services provided by Bytesized are provided on an "as is, as available" basis. Bytesized specifically disclaims any other warranty, express or implied, including any warranty of merchantability or fitness for a particular purpose. in no event shall Bytesized be liable for any consequential, indirect, special or incidental damages, even if Bytesized has been advised by the customer of the possibility of such potential loss or damage. If Bytesized's service to the customer is disrupted or malfunctions for any reason, Bytesized shall not be responsible for any losses of income due to disruption of service during the period of disruption of malfunction.

Indemnity

The Customer agrees to defend, indemnify and hold Bytesized harmless from and against any and all claims, obligations, losses, liabilities and expenses (including reasonable attorneys' fees and costs) incurred by Bytesized arising from or due to claims made by third parties (including customers of the Customer) that are related to or arising out of: false advertising claims against Customer (or customers of Customer) liability claims for products or services sold by Customer (or Customer's customers) any other transactions between Customer and third parties any content or links located on Bytesized's website from time to time including, without limitation, content submitted by Customer for publication by Bytesized.

Force Majeure

Bytesized shall not be liable to Customer or any other person, firm or entity for any failure of performance under these Terms if such failure is due to any cause or causes including, but not limited to strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts, power crisis shortages, acts of terrorism, and or uncontrollable acts of God, or other similar occurrences; any law, order, regulation, direction, action or request of the Dutch government or of any other government (including provincial and local governmental agency, department, commission, court, bureau, corporation or other instrumentality of any one or more of said governments) or of any civil or military authority; national emergencies, insurrections, riots, wars; or strikes, lockouts, or work stoppages or other labor difficulties; failures, shortages, breaches or delays.

Waiver

Any party's failure to insist on compliance or enforcement of any provision of these Terms shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of these Terms.

Legal Fees

If a legal proceeding is commenced to enforce or obtain a declaration of rights under this Terms, the prevailing party in such proceeding shall be entitled to recover its reasonable attorneys' fees and costs incurred in the proceeding from the non-prevailing party, as well as any reasonable attorneys' fees and costs that the prevailing party incurred prior to commencing the proceeding.