This agreement is in effect as of Jan 01, 2015.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Responsible Use and Conduct:
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
1. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
2. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
3. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
4. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
5. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
6. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
7. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner.
8. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party.
Contains any type of unauthorized or unsolicited advertising.
Impersonates any person or entity, including any https://www.24x7serversecurity.com employees or representatives.
9. We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
11. You agree to indemnify and hold harmless Multibyte Managed IT Services and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Service Level Agreement (“SLA” and Service Offerings):
Service Offerings. We may change or discontinue any of the Service Offerings or change or remove features of the Service Offerings at any time without notice.
Service Level Agreement. Our current Service Level Agreement (SLA) is as follows:(a) ALL SERVICES ARE UNMANAGED. Our 24 hour on site staff will respond to tickets regarding server hardware and service disruption issues only. Clients are required to manage their own data backups and all software aspects of the server including operating system configuration beyond a base OS install.
(b) We strive to and anticipate that our Service will be available to you most of the time.
(c) A Service disruption occurs when your server is completely offline for more than 15 minutes due to an unplanned fault in our networking or power infrastructure.
(d) Disruptions caused by the hardware or software of the server itself are not covered by this SLA.
(e) Disruptions caused by planned or unplanned maintenance are not covered by this SLA.
(f) Disruptions caused as a result of actions taken by our abuse/security department are not covered under this SLA.
(g) In the event that there is an unplanned Service disruption, you may open a support ticket and request an Account credit to be issued for a prorated amount of your monthly invoice amount equal to the time of the Service disruption. For example: If you pay $60 per month for your server and it is unavailable for 24 hours (during a 30 day month) due to an unplanned service outage, you may request an account credit for $2. You understand that this is your sole remedy for an unplanned service outage.
Changes to the Service Level Agreement. We may add, change or discontinue our Service Level Agreement from time to time in accordance with the Terms of this Agreement.
1. Content. You are solely responsible for the development, maintenance, use and backup of Your Content. You must confirm and monitor compliance of your content with the Acceptable Use Policy, the law, the Digital Millennium Copyright Act, and any claims or notices sent to you claiming that your content infringes on any person’s rights.
2. Security and Backup. You are solely responsible for configuring and using the Service Offerings. You are solely responsible for taking any and all steps to maintain security, protection and backup of your content. You may use encryption technology to protect it. We recommend that you routinely archive your content and data on a daily basis in order to protect it in case of equipment failure or accidental loss caused by equipment, network, human error, or power outage. Your failure to maintain a routine backup schedule to a remote backup location could result in a total loss of your data.
3. Violations. Any action that you knowingly or unknowingly permit any person or entity to take related to this Agreement or your content or use of the Service shall be deemed an act by you. You will ensure that all End Users comply with this Agreement. If you become aware of a violation of this Agreement by an End User, you agree to immediately terminate such End User’s access to your content and the Service Offerings.
4. Acceptable Use Policy. You may not use, or encourage, promote, facilitate or instruct others to use, the Service Offerings or Site for any illegal, harmful or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive. We do not voluntarily participate in any government mass collection of data and we do not ever plan to. Prohibited activities or content include:
(a) Illegal Activities. Any illegal activities, including advertising or making available gambling sites or disseminating or promoting child pornography, are prohibited. You may not use Service Offerings in the commission of any crime that violates the laws of any local, state, and federal government of the United States of America. Violations of this provision may result in us making your information and information about your service and your use of our Service Offerings available to law enforcement with or without your consent or knowledge.
(b) Harmful or Fraudulent Activities. Activities that may be harmful to others or our operations or reputation, including promoting or disseminating fraudulent goods or services or schemes, including ponzi or pyramid schemes, phishing, or pharming, or engaging in deceptive practices.
(c) Infringing Content. You may not upload any material that violates or infringes on the copyright, intellectual property rights or trademark rights of any individual or organization.
(d) Offensive Content. Content that is defamatory, grossly offensive, obscene, abusive, invasive of privacy, or is otherwise objectionable, including content that exploits children or constitutes child pornography, relates to bestiality, expresses bigotry or hatred, constitutes harassment, or depicts non-consensual sex acts. This includes material that defames, abuses, or threatens any person or group. Content including nude art, pornography, sex-related merchandising and links to such sites elsewhere that are permitted by the laws in the city of Kansas City, the state of Missouri and the country of the United States of America comply with acceptable use.
(e) Harmful Content. Content, software or computer technology that may damage, interfere with, intercept, or expropriate any system, program, or data, including viruses, trojan horses, worms, time bombs, or cancelbots are strictly prohibited. Piracy, hacking, cracking, phreaking, warez, pyrotechnics, exploitive software and texts or communications that educate or encourage this activity and/or use are also prohibited.
(f) No Security Violations. You may not use Services Offerings to violate the security or integrity of any network, computer, communications system, software application, network or computing device (each, a “System”). Prohibited activities include: (i) Accessing any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System; (ii) Monitoring data or traffic on a System without permission; (iii) Forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin. This prohibition includes the use of aliases or anonymous remailers.
(g) No Network Abuse. You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include: (i) Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled; (ii) Denial of Service (DoS) – Inundating a target with communication requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective; (iii) Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques; (iv) Operating network services like open proxies, open mail relays, or open recursive domain name servers; (v) Using manual or electronic means to avoid any use limitations placed on a system, such as access and storage restrictions; (vi) Attack traffic that disrupts any portion of our network (incoming or outgoing) will be blocked until the customer is able to work with security personnel to resolve the issue; (vii) IRC websites and IRC servers are prohibited; (viii) You may not upload ROMs and Emulators; (ix) You must contact us prior to installing a CDN within our infrastructure. “Shared Resource” CDN’s are strictly prohibited.
(h) No E-Mail or Other Message Abuse. You will not distribute, publish, send, or facilitate the sending of unsolicited mass/bulk e-mail (UCE) or other messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate this Policy or the acceptable use policy of that provider. You will not reference Us in any unsolicited email that you send.
5. Our Monitoring and Enforcement of Acceptable Use. We reserve the right, but do not assume the obligation, to investigate any violation of the Acceptable Use Policy or misuse of the Services Offerings or Site. We may:
(a) Investigate violations or misuse of the Service Offerings or Site; or terminate Service without warning, notice or refund; or remove, disable access to, or modify any content or resource; or restrict any account to Paypal only payments; or examine the contents of any account at any time that violates the Acceptable Use Policy or any other agreement we have with you for use of the Services or the Site.
(b) Report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of the Acceptable Use Policy.
6. Reporting of Violations of the Acceptable Use Policy. If you become aware of any violation of the Acceptable Use Policy, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation. To report any violation of this Policy, please use our ticketing system.
Fees, Orders, Billing and Payment:
1. Service Fees. All Services are prepaid at the time of order. We bill you monthly thereafter. We may invoice you more frequently if we believe that your account may be fraudulent or at risk of non-payment. You will pay us using one of the payment methods we support. All amounts payable will be made without setoff or counterclaim, and without any deduction or withholding. Fees for any new Service will be effective when we post updated fees on the Site unless we stated otherwise in a notice. We may increase fees for any existing Service Offerings at any time. We may charge you a late fee on all late payments and a reconnect fee on all terminated accounts.
(a) Your monthly bandwidth allotment is calculated based off your upstream plus downstream traffic. Bandwidth overages will be charged $.05 per GB.
(b) One free manual OS reload is allowed per billing period. Each additional OS reload will incur a $30 fee.
2. Taxes. All fees and charges payable by you are inclusive of applicable taxes and duties, including VAT and applicable sales tax. As such, you pay no tax.
3. Set Up Fees. There are no set up fees related to Dedicated Server Offerings.
4. Ordering. The order process for Service Offerings is as follows:
(a) All orders must include your real name, address, phone number and email address. Providing false information may result in immediate termination of all your accounts without refund. Clients are limited to one account. Opening multiple accounts will result in termination without refund.
(b) Orders are deployed in the order in which they are received.
(c) Payment is required at the time the order is placed. Failure to complete payment will result in the order being discarded by our system.
(d) After your initial order and your service is active (“Service Activation Date”), your monthly invoice date is every 29 to 31 days thereafter. Your monthly invoice renewal date is automatically adjusted to the approximate day of the month that your server is put online. It is your responsibility to check the monthly renewal date on your invoice to confirm when it is due.
(e) We deploy servers during business days only (Monday through Friday) except holidays. Servers are not deployed on Saturday or Sunday.
5. Billing. The billing process related to your Service is as follows:
(a) Due to the nature of our industry and the costs involved with provisioning and maintaining your Service, we do not offer refunds or pro-rated refunds.
(b) Invoices are generated 10 days before the date they are due. At our sole discretion, email reminders may be sent at 7 days, 4 days and 1 day before the due date to your last known email address. If your Account is set up on auto billing, your payment method will be charged two (2) days prior to the Due Date.
(c) All invoices are emailed and are available in your Account panel. Invoices are not sent via postal mail, PDF, fax or any other method other than email. We do not contact customers via phone to discuss billing issues.
(d) If your payment is declined or you fail to submit payment on or before the invoice due date, your Service will be disconnected/suspended at midnight the day it is due date and your account will be assessed a $5 late fee.
(e) A billing dispute of any kind does not exempt you from paying current and future bills. Billing disputes resolved in the customer’s favor will receive account credit for overpayment.
(f) If any chargebacks occur on your credit card or PayPal account we reserve the right to terminate all Service and recycle your server(s) without notice.
(g) Failure to make payment within 24 hours of the time we disconnect/suspend your Service will result in your Service being terminated and a termination fee of $10 will be assessed against your Account.
(h) SERVICE TERMINATION IMMEDIATELY ERASES YOUR DATA AND YOUR DATA IS NOT RECOVERABLE.
Limitation of Warranties:
By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that: 1. the use of our Resources will meet your needs or requirements. 2. the use of our Resources will be uninterrupted, timely, secure or free from errors. 3. the information obtained by using our Resources will be accurate or reliable, and 4. any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
no information or advice, whether expressed, implied, oral or written, obtained by you from Multibyte Managed IT Services or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of Liability:
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Multibyte Managed IT Services will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
All content and materials available on http://www.24x7serversecurity.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Multibyte Managed IT Services, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Multibyte Managed IT Services.
Termination of Use:
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information. SERVICE TERMINATION IMMEDIATELY ERASES YOUR DATA AND YOUR DATA IS NOT RECOVERABLE.
This website is controlled by Multibyte Managed IT Services from our offices located in the state of Maharashtra, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Maharashtra, by accessing our website, you agree that the statutes and laws of Maharashtra, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in India, Maharashtra You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
UNLESS OTHERWISE EXPRESSED, Multibyte Managed IT Services EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
Multibyte Managed IT Services
31/A New Link Road, Andheri (East)
Mumbai 400 099