Terms and Conditions of Use

to use bytii services you must agree this terms

Welcome to Bytii cloud

These terms and conditions outline the rules and regulations for the use of Bytii cloud's Website.


Bytii cloud is located at:
Kiryat Arye , Petah Tikva
Dan - 4922373, Israel

Hosting Terms of Service

Bytii_Cloud Web Solutions (also referred to as ‘Bytii_Cloud’ agrees to provide hosting services to the Client subject to the following Terms of Service (TOS). Use of Bytii_Cloud's services by the Client constitutes acceptance and agreement to Bytii_Cloud's Hosting Terms of Service.

Bytii_Cloud reserves the right to modify the TOS without notice.

This TOS shall be construed in all respects in accordance with the laws of Israel and United States, New York applicable to contracts enforceable in that Countries.

Use of Services

The Client may use our services provided the Client is of legal age to form a binding contract and is not barred from receiving such services under the laws of Israel US or other jurisdictions. In order to create an account the Client is required to provide Bytii_Cloud with accurate and current contact and other information. The Client is responsible for the confidentiality of the related account information and for all activities that occur under the Client’s account. The Client is solely responsible for all content within the account. The Client agrees to immediately notify Bytii_Cloud if any unauthorized use or suspected use of the account occurs. Bytii_Cloud will not be liable for any loss or damages as a result of the Client failing to provide accurate information or to keep the account secure.

Service Level Agreement (SLA)

Bytii_Cloud manages virtual private servers in US, UK, Germany, Sweden, China, Japan, Singapore that it maintains and manages. Bytii_Cloud provides a 99.9% uptime guarantee on websites hosted on its servers. If the Client’s website is inaccessible for more than 0.1% in a calendar month due to Bytii_Cloud's servers, the Client may request a pro-rated credit for the downtime.

Service Disruptions

The Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons. Therefore, the Client agrees that Bytii_Cloud shall not be liable for any damages caused by the interruption of service.

Service Rates

The Client acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Client. Bytii_Cloud may prospectively change the specified rates and charges from time to time unless a separate contractual agreement is in place.

Bandwidth Overages:
All bandwidth overages are billed at $5 per GB unless a customize rate package has been created and agreed to in advance. Unused bandwidth during a service term is not carried over to the next term.

Payment & Fees
Establishment of this service is dependent upon receipt by Bytii_Cloud of payment of stated charges. Payment is due within 6 days of the invoice date. Service may be interrupted on accounts which are 2 days past due. Service interrupted for non-payment is subject to a ½ hour reinstatement fee. After 30 days the account may be expunged from the server and courtesy backups may no longer be available.

Back-Up & Data Loss

Bytii_Cloud provides a backup service as a courtesy to clients on Bytii_Cloud’s hosting services. Bytii_Cloud’s back-up service runs on daily, weekly & monthly basis keeping rotating snapshots. Bytii_Cloud makes no guarantees about the backups and will require an hourly fee to restore a website to a previous state if a back-up is available. The Client agrees to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored. Backups will not be provided for clients with accounts that have been suspended or terminated for any reason.

Prohibited Usage

The following actions are considered prohibited use and will result in immediate account suspension or termination without a refund. Bytii_Cloud may impose fees and/or pursue further civil remedies or notify the authorities. Prohibited usage includes, but is not limited to:

Spam and Unsolicited Bulk Email (UBE)
Bytii_Cloud has a zero tolerance policy on spam, Junk E-mail or UBE. Spam, Junk-mail and UBE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is sent to a recipient who has not requested the message. UBE also includes email with forged headers, compromised mail server relays, or false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Bytii_Cloud whether or not the message actually originated from Bytii_Cloud’s network. The Client may not use or permit others to use Bytii_Cloud’s hosting services to provide sites or information which is advertised by UBE from other networks.

Misuse of System Resources:
Intentional misuse of system resources is prohibited, including but not limited to employing programs that consume excessive network capacity, CPU cycles or disk IO.

Access to Other Networks or Systems without Authorization: 
Attempting to access or accessing systems, networks, or accounts which the Client is unauthorized to access is prohibited. Interfering with the services of another Client or network and any act to circumvent security measures is prohibited.

Inappropriate Content 
Any adult, gambling, illegal, harmful, infringing, or unlawful content including but not limited to: pornography, obscenity, nudity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity, or material advocating illegal activity, and any infringement of privacy or libel is not permitted on Bytii_Cloud’s hosting. The Client is solely responsible for all content hosted on their account.

Copyrights   and   Trademarks:
The Client agrees to represent Bytii_Cloud and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, fonts or other artwork hosted on their account are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and has acquired any necessary model releases. The Client will hold harmless, protect and defend Bytii_Cloud and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.

Disclosure

The TOS specifically prohibits the use of Bytii_Cloud hosting services for illegal activities. Therefore, the Client agrees that Bytii_Cloud may disclose any and all information including assigned IP numbers, account history, account use, etc. to any law enforcement agent or court who makes a written request or court order without further consent or notification to the Client. In addition, Bytii_Cloud Web Solutions shall have the right to terminate all services provided to the Client.

Bytii_Cloud will not disclose private account information beyond what is available publicly including information available through online look-ups except in any of the following circumstances: (1) with the Client’s consent. (2) to any law enforcement agent or court who makes a written request or court order. (3) to satisfy any legal and/or regulatory requirements applicable to Bytii_Cloud. (4) when Bytii_Cloud utilizes the services of a third party or sub-contractor (5) when Bytii_Cloud buys or sells all or part of the business or when considering such transactions. (6) to help Bytii_Cloud collect a debt or enforce an obligation owed to Bytii_Cloud by the Client.

Account Cancellation or Suspension

Bytii_Cloud reserves the right to suspend or terminate the Client’s hosting account if in the judgement of Bytii_Cloud the Client’s hosting account is the source or target of the violation of any of the other terms of service or for any other reason which Bytii_Cloud chooses. If inappropriate activity is detected, all accounts of the Client in question will be deactivated until an investigation is complete. Prior notification to the Client is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The Client will not be credited for the time the Client’s hosting account(s) were suspended.

All requests for cancelling an account must be confirmed by Bytii_Cloud personnel at 604-853-9557. No refunds on paid invoices are available.

Security Waiver

Steps are taken to mitigate the possibility of unauthorized access to files, however no guarantee can be made to the security of the server or systems. Use of this service is provided on an “as is” and “as available” basis. Use of the service is at the Client’s sole risk. Bytii_Cloud will not be liable for any unauthorized access to, or any corruption, erasure, theft, alteration, or inadvertent disclosure of data, information or content transmitted, received, or stored on its server.

Indemnification

Bytii_Cloud wishes to emphasize that in agreeing to the Terms of Service, the Client indemnifies Bytii_Cloud for any violation of the Terms of Service that results in loss to Bytii_Cloud or the bringing of any claim against Bytii_Cloud by any third-party. This means that if Bytii_Cloud is sued because of the Client’s activity, the Client will pay any damages awarded against Bytii_Cloud, plus all costs and reasonable attorney's fees.

Limited Liability

In no event shall Bytii_Cloud be liable for any special or consequential damages, loss or injury. Bytii_Cloud is not responsible for any damages the Client may suffer. Bytii_Cloud does not make implied or written warranties for any services provided. Under no circumstances, including negligence, shall Bytii_Cloud, its offices, agents or anyone else involved in creating, producing or distributing it’s services, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use Bytii_Cloud’s services or third party software; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Bytii_Cloud’s records, programs, services, or third party software.

Notwithstanding the above, the Client’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which the Client paid during the period damages occurred.

The Client agrees that the use of Bytii_Cloud’s hosting services is at the Client’s own risk. All hosting services provided by Bytii_Cloud are available as is, without warranty. Bytii_Cloud is not responsible for any damages the Client may suffer. Bytii_Cloud denies any warrant or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Bytii_Cloud hosting.

By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Bytii cloud's website if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of Israel. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By using Bytii cloud's website you consent to the use of cookies in accordance with Bytii cloud’s privacy policy.

Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

License

Unless otherwise stated, Bytii cloud and/or it’s licensors own the intellectual property rights for all material on Bytii cloud. All intellectual property rights are reserved. You may view and/or print pages from https://bytii.cloud for your own personal use subject to restrictions set in these terms and conditions.

You must not:

  1. Republish material from https://bytii.cloud
  2. Sell, rent or sub-license material from https://bytii.cloud
  3. Reproduce, duplicate or copy material from https://bytii.cloud

Redistribute content from Bytii cloud (unless content is specifically made for redistribution).

Hyperlinking to our Content

  1. The following organizations may link to our Web site without prior written approval:
    1. Government agencies;
    2. Search engines;
    3. News organizations;
    4. Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
    5. Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
  1. These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
  2. We may consider and approve in our sole discretion other link requests from the following types of organizations:
    1. commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
    2. dot.com community sites;
    3. associations or other groups representing charities, including charity giving sites,
    4. online directory distributors;
    5. internet portals;
    6. accounting, law and consulting firms whose primary clients are businesses; and
    7. educational institutions and trade associations.

We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of ; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party's site.

If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to support@bytii.cloud. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Web site as follows:

  1. By use of our corporate name; or
  2. By use of the uniform resource locator (Web address) being linked to; or
  3. By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party's site.

No use of Bytii cloud’s logo or other artwork will be allowed for linking absent a trademark license agreement.

Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

Removal of links from our website

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

Content Liability

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

  1. limit or exclude our or your liability for death or personal injury resulting from negligence;
  2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
  4. exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Contact Information

If you have any queries regarding any of our terms, please contact us.