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iByte Hosting

iByte Hosting LLC Terms and Conditions

1. Introduction

Welcome to iByte Hosting LLC. These Terms and Conditions (“Agreement”) govern your access to and use of our game server hosting services (“Service”). By registering for or using the Service, you agree to be bound by this Agreement in full.

2. Definitions

  • “Service” means the game server hosting and related support provided by iByte Hosting LLC.

  • “User” or “you” refers to any person or entity accessing or using the Service.

  • “Subscription” refers to a recurring paid plan granting you access to our servers for a specified billing cycle.

  • “Agreement” means these Terms and Conditions, including any amendments.

3. Account Registration and Eligibility

You must be at least 18 years old or the age of majority in your jurisdiction to use our Service. During registration, you agree to provide accurate, current, and complete information. You are solely responsible for safeguarding your account credentials and any activity that occurs under your account.

4. Subscription Services

Our Service includes, but is not limited to:

  • Dedicated or shared game server instances.

  • Automated backups and optional snapshots.

  • Console access and file management.

  • Technical support via ticketing or live chat.

  • DDoS mitigation and basic network protection.

5. Payment and Fees

All fees are due in advance and billed according to your chosen Subscription plan. We accept payment via major credit cards, PayPal, and other approved gateways. Subscriptions automatically renew unless cancelled prior to the next billing date. You authorize us to charge any outstanding amounts to your chosen payment method.

6. Refund and Cancellation Policy

You may request a full refund for your initial Subscription within seven (7) calendar days of your first payment. To initiate a refund, email [email protected] with your account details. No refunds or credits will be issued after the seven-day period, and all renewals beyond the initial term are non-refundable. You may cancel at any time; cancellation takes effect at the end of your current billing cycle.

7. User Conduct and Prohibited Activities

You agree not to use the Service to:

  • Facilitate illegal activities, including copyright infringement or fraud.

  • Distribute malware, engage in DDoS attacks, or host exploits.

  • Send spam, phishing, or unsolicited communications.

  • Abuse, harass, or defame other users.

  • Violate any applicable laws, regulations, or third-party rights.

Violation may result in immediate suspension or termination without refund.

8. Content and Intellectual Property

All software, configurations, and documentation provided by iByte Hosting LLC remain our property. You retain ownership of any content you upload to your servers. By using the Service, you grant us a non-exclusive license to use, reproduce, and distribute your content as needed to provide and improve the Service.

9. Privacy

We collect, store, and process your personal data in accordance with our policy
By using the Service, you consent to such data practices and disclosures.

10. Security

We implement industry-standard measures, including DDoS protection, firewalls, and encryption at rest and in transit. You are responsible for securing your applications, updating software, and monitoring access to your server instances.

11. Service Availability and SLA

While we strive for 99.9% SLA high availability, we cannot guarantee uninterrupted access. Planned maintenance windows will be communicated in advance.

12. Disclaimers and Limitation of Liability

The Service is provided “as is” and “as available” without warranties of any kind. iByte Hosting LLC’s total liability for any claim arising under this Agreement shall not exceed the total amount you paid for the affected Service in the three months preceding the claim. We are not liable for indirect, incidental, or consequential damages.

13. Indemnification

You agree to indemnify, defend, and hold iByte Hosting LLC, its officers, directors, employees, and affiliates harmless from any claims, liabilities, losses, or expenses arising from your use of the Service, violation of this Agreement, or infringement of any third-party rights.

14. Termination

We may suspend or terminate your access if you breach this Agreement, fail to pay fees, or engage in prohibited conduct. Upon termination, your data may be deleted after 30 days unless you request an export. You remain liable for all accrued charges up to termination.

15. Force Majeure

Neither party is liable for delays or failures caused by events beyond its reasonable control, including natural disasters, war, terrorism, strikes, or Internet service failures.

16. Governing Law and Jurisdiction

This Agreement is governed by the laws of the State of Nebraska, without regard to conflict of law principles. You and iByte Hosting LLC consent to the exclusive jurisdiction of the state and federal courts located in Nebraska for any disputes, except where arbitration is required below.

17. Dispute Resolution and Arbitration

Any dispute not settled informally shall be resolved by binding arbitration in Nebraska under the rules of the American Arbitration Association. Each party bears its own costs, and the arbitrator’s decision is final. Small claims court is available for disputes under applicable thresholds.

18. Entire Agreement

This Agreement, including any referenced policies, constitutes the entire understanding between you and iByte Hosting LLC and supersedes all prior agreements, proposals, or communications, whether written or oral.

19. Assignment

You may not assign or transfer your rights under this Agreement without our prior written consent. We may freely assign or delegate any rights or obligations.

20. Severability

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

21. Amendments

We reserve the right to modify this Agreement at any time. Material changes will be posted with at least 30 days’ notice. Continued use after changes constitutes acceptance of the new terms.

22. Contact Information

For questions or notices, please email [email protected]

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