1. Definitions
"Service" means any product provided by ByteHosty, including KVM virtual private servers, dedicated resources, IP addressing, DDoS mitigation, control panel access, and related support. "Account Credit" means prepaid funds added to your billing account. "Order" means a request to purchase a Service submitted through our client area. "Content" means all data, software, and material stored on or transmitted through a Service by you or your end users.
2. Account registration and eligibility
You must be at least 18 years of age and legally capable of entering into binding contracts. You agree to provide accurate, current, and complete information during registration and to keep it updated. Accounts registered with false identities, disposable email addresses used to evade enforcement, or on behalf of a sanctioned person or entity may be closed without notice.
You are solely responsible for maintaining the confidentiality of your credentials, including client area passwords, API keys, and SSH keys. All activity occurring under your account is deemed to be yours. Notify us immediately at [email protected] if you suspect unauthorized access.
3. Service delivery and provisioning
Provisioning begins after confirmed payment. You will receive access credentials by email once the Service is active.
We reserve the right to refuse or cancel any Order at our discretion prior to activation, in which case any payment received for that Order will be refunded in full.
4. Prepaid billing, invoices, and taxes
All Services are billed in advance on the cycle selected at checkout. Invoices are generated before the renewal date and must be settled by the due date shown. Where Account Credit is available it is applied automatically to open invoices.
Prices displayed at checkout are final for the initial term. We may adjust renewal pricing with at least 30 days notice by email; your continued renewal after the effective date constitutes acceptance. All prices are exclusive of applicable VAT or sales taxes unless stated otherwise, and you are responsible for any taxes required by your jurisdiction.
5. Late payment, suspension, and data retention
If an invoice remains unpaid, the associated Service is normally suspended three (3) days after the invoice due date and may be permanently terminated ten (10) days after the due date. Termination permanently removes the Service and may remove all Content stored on it. We are not obligated to retain backups of terminated Services. It is your responsibility to renew on time or export your data before expiry.
6. Chargebacks and payment disputes
Please contact [email protected] before initiating any payment dispute. Filing a payment-provider dispute without first allowing us a reasonable opportunity to resolve the issue is considered a breach of this Agreement and may result in immediate suspension of all Services and permanent account closure. A reasonable administration fee may be charged to reinstate an account after a resolved dispute.
7. Acceptable use
Use of all Services is subject to our Acceptable Use Policy. In summary, you may not use the Services for unlawful activity, distribution of malware, unsolicited bulk email, denial-of-service attacks, IP spoofing, hosting of prohibited content, or any activity that degrades the stability or reputation of our network. We may suspend a Service immediately and without prior notice where continued operation presents a risk to our infrastructure, other customers, or third parties.
8. Resource usage and fair use
Plans advertised with unmetered bandwidth are subject to fair use: sustained utilization that materially degrades shared infrastructure may result in rate limiting after notice where practicable. CPU, RAM, and storage allocations are dedicated to your virtual server as described in the plan specification. Abusive workloads (for example sustained 100% CPU across all cores for extended periods on shared nodes, or unapproved cryptocurrency mining) may be throttled or suspended.
9. IP addresses
IP addresses are assigned to Services for the duration of the subscription and remain the property of ByteHosty or its upstream registries. You acquire no ownership rights in any IP address. We may renumber assignments where operationally required, with reasonable notice where practicable. Maintaining accurate rDNS and a clean sending reputation for assigned addresses is your responsibility while they are in your use.
10. Availability and maintenance
We target 99.2% monthly network availability, measured at our edge, excluding scheduled maintenance, emergency maintenance, upstream provider failures, DDoS events beyond our mitigation capacity, and force majeure. Scheduled maintenance will be announced in advance where reasonably possible. Remedies for verified availability shortfalls, where offered, are limited to service credit and are your sole remedy for downtime.
11. Backups and data responsibility
Unless a managed backup product is explicitly included in your plan, you are solely responsible for creating and verifying independent backups of your Content. Snapshot and backup tools provided in the control panel are offered as a convenience without warranty. We strongly recommend off-site backups for all production data.
12. Support scope
We provide support for the availability of the virtual server platform, network, and control panel. Administration of the software running inside your server — including the operating system, applications, and security configuration — is your responsibility unless a managed service is purchased. Support is provided via the ticket system; response time targets published on our website are goals, not guarantees.
13. Suspension and termination
We may suspend or terminate a Service or your account: (a) for non-payment; (b) for violation of this Agreement or the Acceptable Use Policy; (c) where required by law or by order of a competent authority; or (d) where your use presents a security or operational risk. Where the cause is curable and non-urgent, we will use reasonable efforts to notify you and allow a cure period before termination.
You may terminate at any time by allowing a prepaid Service to expire or by requesting cancellation through the client area. Termination does not entitle you to a refund except as set out in the Refund Policy.
14. Warranties and disclaimers
Except as expressly stated in this Agreement, the Services are provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure against all threats.
15. Limitation of liability
To the maximum extent permitted by applicable law, ByteHosty shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill, arising out of or related to the Services, even if advised of the possibility of such damages. Our aggregate liability arising out of or relating to this Agreement shall not exceed the total fees you paid for the affected Service during the three (3) months preceding the event giving rise to the claim. Nothing in this Agreement limits liability that cannot be limited by law, including liability for intent or gross negligence.
16. Indemnification
You agree to indemnify and hold harmless ByteHosty, its officers, employees, and suppliers from any third-party claims, damages, and reasonable legal costs arising from your Content, your use of the Services, or your breach of this Agreement.
17. Force majeure
Neither party is liable for failure to perform caused by events beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, governmental action, power or telecommunications failures, and large-scale attacks on network infrastructure.
18. Changes to this Agreement
We may amend this Agreement from time to time. Material changes will be announced by email or client area notice at least 14 days before taking effect. If you object to a material change you may cancel affected Services before the effective date; continued use after that date constitutes acceptance.
19. General provisions
This Agreement, together with the policies incorporated by reference and your Order, constitutes the entire agreement between the parties regarding the Services. If any provision is held unenforceable, the remainder continues in full force. Our failure to enforce a provision is not a waiver. You may not assign this Agreement without our consent; we may assign it in connection with a merger, acquisition, or sale of assets.
20. Contact
Questions regarding this Agreement should be directed to [email protected].
ByteHosty LLC
30 North Gould Street
Suite 100
Sheridan, WY 82801
United States