Terms of Service
- This service Agreement is between LoopByte (Loop Byte Web Services Pvt. Ltd.) (hereinafter "we," "our," or "us") and you, our Customer (hereinafter "Customer," "you" or "your").
- LoopByte, as your web hosting service provider, will supply Customer with a shared web hosting solution according to the specifics of your plan, along with various services you select for maintaining your Web site, as indicated on our Web site (hereinafter "Services").
- You warrant that the contact and billing information, as listed on the account signup form, is correct, complete and an accurate representation of your contact details. You also warrant that you are a valid representative of the entity or organization listed on our signup form, and are at least 18 years of age.
- This Agreement represents the entire agreement between you and LoopByte, and supersedes any and all other communications and any course of performance or course of dealing, except as modified by revisions of this posting by LoopByte or written agreement by an authorized officer of LoopByte(provided, however, that any such revised posting shall take effect prospectively from the date of the posting.)
- Any of the terms, prices or services offered can be amended, modified or updated by LoopByte at any time.
- Customer is responsible for uploading Web site files and/or providing and setting up any Web site content. LoopByte is not responsible for modifying, correcting or updating Web site material.
- Customer is responsible for the content of any postings, data or transmissions. This responsibility extends to any individuals or entities given access to the account by the Customer.
- Customer is responsible for maintaining the confidentiality of login and billing information. LoopByte is not liable for any account disputes that may arise between various parties holding account login information. LoopByte is not responsible for any changes made to the account or any information that has been modified by Customer, or any parties authorized by Customer, to access the Control Panel.
- Customer is responsible for updating and maintaining contact and billing information with LoopByte. Any changes to the Customer contact information must be made using the account Control Panel or by contacting our Support Team. Customer is responsible for ensuring that LoopByte is able to notify the Customer for technical, billing or other issues or purposes deemed necessary by LoopByte to maintain the account.
- Customer is responsible for bandwidth utilization, and monitoring bandwidth use to ensure the Web site does not exceed the bandwidth allocated for the account(s). LoopByte will use its best efforts to e-mail Customers who are at or near their bandwidth utilization limits, but LoopByte does not take responsibility if e-mail notification(s) is not received by the Customer. LoopByte reserves the right to discontinue service through the beginning of the next month for your account in the event that it exceeds the bandwidth allotment.
- LoopByte reserves the right to refuse service to anyone in violation of our Terms of Service or the Acceptable Use Policy (AUP) set forth below or anyone using our networks or servers for unlawful purposes.
- Customer agrees to abide by all terms outlined in our AUP. Any violation of those terms will result in the actions outlined in our AUP.
- Customer accepts liability resulting from any breach of our AUP.
- Customer is responsible for making end-users aware of all the policies of LoopByte and is responsible for any breach of those policies by their end-users, as laid out in our AUP.
Complaints Against Customer
- LoopByte does not proactively review the Web site content or e-mail of our Customers. In some situations, as outlined herein or in our AUP, we will review and remove files, Web site content or e-mail to validate compliance with our AUP.
- We take no responsibility for the content or information contained on our Customers' Web sites or within their e-mail. The opinions and views expressed in the Web pages hosted by LoopByte do not necessarily reflect our views. The contents of the Web pages hosted by LoopByte are not monitored or reviewed in any way before they appear on the Internet.
Payment Policies - General
- Accounts will not be activated or reactivated without prior payment.
- All hosting fees and domain name renewal fees are due on or before the due date of the renewing account and/or domain name.
- Incomplete, incorrect or questionable signup information can result in an account NOT being activated. Some accounts may be placed on hold for up to 72 hours, pending review of information received.
- Any losses or expenses experienced by the Customer, due to actions taken by LoopByte in response to Customer non-payment, are not the responsibility of LoopByte.
- If an account remains past due for 1 month of due date then all of users data will be removed from our servers automatically.
Payment Policies - Payment Processing
- You grant LoopByte permission to charge your credit card for any and all services you request, including, but not limited to, hosting and/or domain name renewals.
- If we are unable to process a payment for your hosting plan by its due date, your account will be cancelled for non-payment and you will not be able to access your Web site or e-mail.
- When an account is cancelled, all copies of the Web site and e-mail files are permanently and irretrievably removed from our servers.
- If an account has been suspended for non-payment, it will only be reactivated upon payment of all overdue fees.
- If we make any refunds due to charges you dispute with your credit card company, we will cancel your account. The cancelled account will only be reactivated once all disputed/refunded fees are resolved satisfactorily, and we receive payment for any and all administrative fees incurred by LoopByte as a result of your dispute or charge-back request. We cannot guarantee any files or e-mail will be available upon reactivation.
- It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. A determination of such misuse or fraudulent use shall be in our sole discretion. Further, we may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government authorities, credit reporting services, financial institutions and credit card companies. In these situations, you shall have waived any and all rights to privacy.
- Customer is responsible for providing the equipment and services necessary to access LoopByte networks, systems and servers. LoopByte makes no assurances that the Customer's equipment is compatible with its services.
- LoopByte is not responsible for any service issues experienced due to the use of any programs, scripts or software not provided by LoopByte or not residing on LoopByte's network, systems or servers.
- LoopByte is not responsible for ensuring that Customer Web sites function correctly, nor are we responsible for trouble-shooting programs, scripts or software placed on our servers by the Customer.
- LoopByte strives to maintain compatibility with a wide range of browsers, operating systems and individual user settings, but we cannot warrant that all of our services, tools and pages will perform optimally with every configuration. For best results, we recommend accessing LoopByte's services through a PC running Windows 98 or higher, and using Microsoft Internet Explorer 6.0 or higher as a browser. We also recommend monitors set to a minimum of 16bit, screen widths of at least 800 pixels, and ISDN or broadband connections.
Web Site Accessibility
- We will use all efforts to ensure that Customers' Web sites are available to third parties via the Internet 24 hours a day, seven (7) days a week, excluding scheduled maintenance and regular system repairs as initiated by LoopByte.
- However, due to the nature and complexity of online services, we cannot guarantee the availability of (i) our Web site, (ii) any Customer Web site or other Web site, information or material hosted by us, or (iii) the products and/or services available on or through any of the above.
- Pursuant to LoopByte's Privacy Statement, LoopByte may disclose to third parties certain aggregate information contained in your signup or related data. However, LoopByte will NOT disclose personally identifying information to third parties unless such disclosure is:
- required or permitted by law, or is reasonably necessary to comply with subpoenas, court orders, other legal process, or requests of governmental authorities;
- intended to prevent or assist in the investigation of suspected fraud or other illegal activities, or otherwise represents actions taken in connection with such activities;
- to enforce these Terms of Service or otherwise establish or exercise LoopByte's legal rights or defense against legal claims; or
- We reserve the right to take any proactive steps we deem necessary to maintain the security, connectivity, performance and services of our Customers, including but not limited to actions requiring us to deactivate Web sites, shut down our network, or review the content on Web sites to evaluate the reason for perceived behaviors.
- In rare instances, we may need to completely delete a Web site or account because of some significant failure, security breach or other emergency. In such cases, we do our best to backup a deleted Web site, but we cannot ever guarantee a full restore of a Web site.
Acceptance of Commercial Relationship and E-mail Communications
- By purchasing Services, you are agreeing to this commercial relationship with us. As such, you agree our communications to you are solicited e-mails and not SPAM.
- From time to time, we offer our Customers the opportunity to participate in special offers, contests or surveys, and we may feel it is important to notify you about new products and services through promotional materials and newsletters. You may choose to opt out of receiving these notifications either by responding to the unsubscribe instructions included in the e-mail or by contacting our Support Team.
Domain Name Registrations and Renewals
- Upon a Customer's request, and subject to these terms and conditions, LoopByte will attempt to register a domain name, or renew the registration of an existing domain name, on behalf of the Customer with any domain name registrar that LoopByte, in its sole discretion, elects to employ for such registration or renewal (the "Chosen Registrar"). LoopByte reserves the right to refuse any request for registration or renewal of a domain name.
- The registration or renewal of any domain name by LoopByte on behalf of a Customer is subject to, and contingent upon, (i) the Customer providing all information needed to complete such registration, (ii) the availability of the domain name, (iii) the domain name not being in violation of any applicable law, rule, statute or regulation, (iv) the domain name not being in violation of any policy of the Chosen Registrar, (v) any fees or costs for such domain name registration being paid in advance by the Customer and (vi) the Customer's continued compliance with any and all LoopByte Terms of Service and the AUP.
- Once a domain name has been registered or renewed through LoopByte, no refunds will be given for the domain registration or renewal fee.
- The Customer has full ownership rights over any domain name registered or renewed through LoopByte, where the domain registration fees have been paid in full by the Customer. In the event of fraud or failure to pay fees, LoopByte will retain possession of the domain name. In addition, if we receive a credit card charge-back for a domain registered with us, LoopByte will take ownership of the domain name(s) registered.
- LoopByte is not responsible for maintaining the registrant information for domain names. The domain owner can modify all this information using our Control Panel, by contacting our Support Team or contacting the Chosen Registrar. The Customer agrees to continually update all information required by the Chosen Registrar. Updating your information with LoopByte does not automatically update it with the Chosen Registrar.
- LoopByte is not responsible for any domain name's availability. The Customer waives any and all claims against LoopByte for, and hereby releases LoopByte from, any loss, damage, liability, cost or expense arising out of, or relating to, the registration or release of a domain name.
- The Customer acknowledges and understands that any and all domain name registrations and renewals are subject to the terms, conditions, rules, regulations, applicable law and policies of ICANN (Internet Corporation for Assigned Names and Numbers). In addition, any and all domain name registrations and renewals are subject to the terms and conditions of the Chosen Registrar, which can be found on the Web Site of such Chosen Registrar. Upon request, LoopByte will provide the Customer with the name of the Chosen Registrar.
- The Customer understands and accepts that a request for a domain name registration or renewal is no guarantee that the Customer will receive the domain name that has been requested. The Customer understands, accepts and appreciates the risks associated with circumstances and vulnerabilities generally affecting the Internet and e-commerce in general. The Customer waives any and all claims it may have against LoopByte for, and hereby releases LoopByte from, any loss, damage, liability, cost or expense arising out of, or relating to, the registration or release of a domain name in such circumstances.
- LoopByte is not liable for domain disputes that may arise over changed registrant information for a domain name.
- LoopByte is not responsible for resolving any domain disputes. These issues must be resolved by the parties involved, according to the legal bounds of ICANN, the domain name governing body. LoopByte will not act as an arbitrator, but will honor any ICANN decisions.
More about Domain Renewals
- If we are unable to secure payment before the domain renewal date, the domain name will expire.
- Forty (40) days after a domain renewal date, a domain name will be released by the Registrar and made available to the general public for re-registration.
- After a domain has expired, we will, upon a Customer's request, put in a request with our Registrar to renew and reactivate the domain name if all registration fees are paid (including any extra fees required to pull a domain name out of its redemption period). This process is normally complete within four (4) days.
- If we receive a dispute of payment, a chargeback or a request for a refund from your credit card LoopByte for a renewed domain name, LoopByte will take over the ownership of the domain name in question.
- The Customer agrees that any and all information provided in connection with any domain renewal request shall be true and correct in all respects. In connection with any such request, LoopByte assumes responsibility only for processing such renewal request with the Chosen Registrar. LoopByte disclaims any and all responsibility to verify any information provided in connection with the request and shall have no responsibility or liability for any loss, delay, inconvenience, interruption in service, service error or loss of data.
- LoopByte bears no responsibility or obligation to notify Customer of any approaching domain name expiration dates. The Customer agrees to bear complete responsibility for such deadlines.
Transferring a Domain to LoopByte
- If a Customer requests a domain name registration or renewal that requires a transfer from one registrar or reseller to another, the Customer is solely and completely responsible for compliance with any registrar or reseller terms, conditions, procedures and/or policies in connection with the request. LoopByte shall have no liability or responsibility resulting from a delay, inconvenience or expiration of a domain name as a consequence of the Customer's failure to comply with such terms, conditions, procedures and/or policies.
- While LoopByte will assist you in any way reasonable, we are not responsible for ensuring your domain name is transferred to our servers. During the domain transfer process, Customer is responsible for making any necessary domain name server changes and ensuring the transfer is implemented correctly.
Limitations of Liability
- LoopByte operates a shared hosting environment, which affords a cost-effective hosting option for our Customers and introduces some risk that a Customer could impact others.
- We cannot accept any liability for downtime, interruptions of service, loss of business, breach of security or inadvertent access to your private data.
- We cannot accept any liability for our response to a legal requirement or court order. Furthermore, there are some circumstances where LoopByte must use its best judgment on how to respond to opposing legal viewpoints. In such instances, we cannot accept any liability where our judgment is ultimately wrong.
- LoopByte AND ITS CONTENT ARE PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. ALL REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT PARTICULAR LIMITATION TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL MEMBERS ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCT AND/OR SERVICE AVAILABLE THROUGH LoopByte IS PROVIDED SOLELY BY THE OWNER, ADVERTISER, OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY LoopByte.
- YOU AGREE THAT ALL ACCESS AND USE OF LoopByte AND THE CONTENT THEREOF IS AT YOUR OWN RISK. IN NO EVENT SHALL LoopByte BE LIABLE FOR (A) ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE NETWORK, SYSTEMS, TOOLS, SOFTWARE OR THE SERVICES PROVIDED HEREUNDER, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR OTHERWISE FOR ANY SUCH CLAIM, (B) FOR ANY DAMAGES OR COSTS ARISING FROM ANY THIRD PARTY'S ACTIONS, FAILURE TO ACT, OR DELAY IN PERFORMING ANY OBLIGATION WHATSOEVER, OR (C) ANY CUSTOMER WEB SITE OR ANY CONTENT ON SUCH WEB SITES, OR OUT OF ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF. YOUR AGREE THAT YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEB SITE, SITE-RELATED SERVICES, PRODUCTS, TOOLS AND/OR CONTENT CONTAINED WITHIN THE WEB SITE, OR WITH THE EXTENT TO WHICH SUCH WEB SITES ARE "UP" OR ARE AVAILABLE FOR ACCESS BY YOU OR OTHER USERS OF THE INTERNET, IS TO STOP USING OUR SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LoopByte SHALL NOT BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE.
- These Terms shall bind and benefit the successors and heirs of the parties. These Terms, product offerings and pricing are subject to change at any time, without notice.
- By visiting this Web site and/or using or purchasing goods and/or services from or through this Web site, you consent to the federal and state court of The Bhopal, India having jurisdiction over you. The Terms and the relationship between you and LoopByte shall be governed by and interpreted in accordance with the laws of The Bhopal, India, without reference to its principles of conflicts of law.
- If any provision of these Terms should, for any reason, be held invalid or unenforceable in any respect, the remainder of these Terms shall be enforced to the full extent permitted by law. A court of competent jurisdiction is hereby empowered to modify the invalid or unenforceable provision to make it valid and enforceable.