 About Us |
 |
| Network |
|
| mbONE™ |
|
| Site Map |
|
| Terms of Service |
|
| Privacy Policy |
|
| Contact Us |
|
 |
Terms of Service (TOS) |  |
Definitions
"Customer" "user" "Client" "You" refers to any individual or entity that applies for and is a holder of an account provided by Modern Byte."We" "Us" "Provider" "Modern Byte" refers to Modern Byte, the Services provider
INTRODUCTION
The Terms of Service is an agreement between Modern Byte and the Customer. It applies to all accounts under Modern Byte. Use of Modern Byte Service constitutes acceptance and agreement to Modern Byte's TOS (Terms of Service).Please read this document carefully and retain it for future reference. The information contained herein is subject to change without notice. It is the responsibility of the customer to periodically consult the Terms of Service since Modern Byte, although it may choose to inform customers via email in the event of significant modifications, amendments, or updates to the Terms of Service, is under no responsibility or obligation whatsoever to do so.
All complaints, misuse, and abuse of the Services provided by Modern Byte, whether described in this document or otherwise, shall be investigated promptly by Modern Byte; if you are unsure if your actions constitute an abuse, misuse or violation of this agreement, please contact abuse@modernbyte.com.
Services Provided by Modern Byte
Modern Byte will rent internet server space (“Services”) on our servers to its Customers for the purpose of allowing Customers to provide http content to the public. The Services provided by Modern Byte allow the Customer to access their server space to modify content via FTP, to manage and access email accounts, and to maintain website(s). The Customer agrees to use the services in accordance with all applicable Canadian and American State and Federal laws. If any violations of the Terms of Service are committed by the Customer, Modern Byte reserves the right to terminate or suspend a Customer’s account(s) without notice. Modern Byte, in its sole discretion, will decide if an action constitutes a violation of the terms and conditions in this agreement.BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD HARMLESS ANY ACTION TAKEN BY MODERN BYTE TO INVESTIGATE A POSSIBLE VIOLATION OF THE CONDITIONS IN THIS AGREEMENT OR AS A RESULT OF THE CONCLUSION THAT A VIOLATION HAS OCCURRED. THIS MEANS THAT YOU MAY NOT SUE OR RECOVER ANY DAMAGES FROM MODERN BYTE AS A RESULT OF OUR DECISION TO REMOVE MATERIALS FROM OUR SERVERS, SUSPEND OR TERMINATE YOUR ACCOUNT DURING THE COURSE OF OUR INVESTIGATIONS OR AS A RESULT OF THE CONCLUSION THAT A VIOLATION HAS OCCURRED. THIS WAIVER APPLIES TO ALL VIOLATIONS DESCRIBED IN THIS AGREEMENT.
CONTENT AND USE OF SERVERS
The content of a hosted site is the responsibility of the Customer alone and not the responsibility of Modern Byte. The Customer agrees that all files uploaded to our servers will not violate any State, Federal, or foreign laws or regulations. The customer will agree not to upload files that infringe on the intellectual rights of Modern Byte or any third party. We do not allow files on our servers that contain links to or content of any illegal activity; files that contain viruses, Trojans, or any malicious code or software that has the potential or intent to disrupt or cause harm. The Customer agrees not to store, distribute, or transmit pirated software, bitorrents, music files, or anything else that is copyrighted without the express permission and consent of the copyright holder. Material that is racist or hateful is strictly prohibited. Materials that are abusive, threatening, profane, vulgar, defamatory, or libelous in nature, whether to an individual or a third party, are also unacceptable and strictly prohibited. Use of server resources for anything IRC (Internet Relay Chat) related is not allowed, including, but not limited to, web clients, or bots. Use of services for bulk emailing, unsolicited emailings, and spam is also strictly prohibited. Modern Byte will be the sole and final arbiter as to what constitutes a violation of these conditions.EXCESSIVE RESOURCE USAGE
Server resources are defined as CPU usage, memory usage, and system resources. There are numerous activities that could cause excessive resource usage, including but not limited to, CGI scripts, PHP, FTP, HTTP, etc. If a user’s account(s) is found to be using excessive amounts of server resources that lowers the quality of service provided by Modern Byte to other users, we reserve the right to suspend the user’s account(s) without prior notice. In order to remove the suspension, it is up to the user to contact Modern Byte with a solution that is to our satisfaction.EMAIL USE
Modern Byte has a strict zero tolerance policy towards spam (unsolicited e-mails) originating from a Modern Byte account or associated to a Modern Byte account. This includes, but is not limited to, ‘passive spamming’ (promoting a website hosted by ModernByte.com by spamming from some other source), UCE (unsolicited commercial email), UBE (unsolicited bulk email), Usenet spaming, and email/news bombing. The user may not use services provided by Modern Byte for distributing mass chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. The user also may not forge any message header, in part or whole, of any electronic transmission originating from or passing through Modern Byte. Any violations of our email use policy will result in severe penalties including suspension/termination of your service without prior notice. PLEASE DO NOT SPAM FROM YOUR ACCOUNT. There is a $300 USD administrative and clean up fee if an account is suspended or terminated for policy violation. Modern Byte reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Modern Byte will notify law enforcement officials if the violation is believed to be a criminal offense.PAYMENT POLICIES
All accounts are setup on a prepaid basis, meaning full payment is required in advance before hosting is provided by Modern Byte.Unless you give written notice to Modern Byte seven (7) days before the renewal date that you do not wish to renew the account, you will be automatically charged under the same time and fee structure that you signed up for.
For users who choose to pay monthly, the renewal date is every month from the date the account was created. For users paying quarterly, it is every three (3) months, and yearly every three hundred and sixty five (365) days. You also agree to pay any extra charges that your account(s) may incur. This includes, but is not limited to, extra bandwidth usage and extra disk space usage. All transactions are conducted in US Dollars. Modern Byte reserves the right to modify our prices at any time without notice.
CANCELLATION
All payments to Modern Byte are Non-Refundable. You may cancel at any time. However, if you do not wish to have your account automatically renewed, you must inform Modern Byte in writing seven days (7) before the renewal date of your desire to cancel. Regular mail or email notifications are acceptable.INDEMIFICATION
Modern Byte wishes to emphasize that by agreeing to the Modern Byte Terms of Service (ToS), the customer indemnifies Modern Byte for any violation of the Terms of Service (ToS) that results in loss to Modern Byte or the bringing of any claim against Modern Byte by any third-party. This means that if Modern Byte is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Modern Byte, plus all costs and attorney's fees.SSH/TELNET
At this time, Modern Byte has a strict no SSH/Telnet policy. Users attempting to gain such access will be considered to be in violation of this TOS.SCRIPTS
Users are free to use any scripts they like, provided, in the interest of server performance and security, they are not the following:UBB.Classic (UBB.threads is NOT banned)
Ikonboard
YaBB / YaBB SE
Proxy scripts
Scripts that act as an alternative to SSH or Telnet
Scripts that generate a large number of flatfiles
Cron jobs with a frequency of 30 minutes or less are not tolerated. The user is responsible for all scripts used. Modern Byte is unable to provide support for scripts because of the large number of scripts that are freely available.
BACKUPS
Modern Byte will make every reasonable effort to protect and backup data for users on a regular basis; however, Modern Byte does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, the user is solely responsible for independent backup of data stored on our servers and network. Modern Byte shall not be liable in any way for the loss of customer data that is stored on our servers.
