Terms of Services (ToS)

1.1 Scope of Services

• Account provisioning, management, and billing.
• Access to cloud resources, software, hardware, and technical support.
• Web hosting, VPS services, and domain registration.
• Internet connectivity and power resources.

1.1.1 Unmanaged Services Disclaimer

"All services provided by PrivateByte are unmanaged unless explicitly stated as managed on our products or services pages. For unmanaged services, customers are solely responsible for the configuration, maintenance, security, and troubleshooting of their servers, applications, and data. Managed services, if offered, will be clearly defined on the respective product or service page, and any additional terms or conditions specific to managed services will apply. Customers are encouraged to review the product/service descriptions carefully before purchasing."

1.2 Misrepresentation and Multiple Accounts

• Creating accounts under false identities, registering multiple accounts without authorization, or bypassing security protocols is prohibited.
• Customers seeking to create multiple accounts must contact support@privatebyte.com for prior approval.

1.3 Rights to Virtual Machines

• Ownership of any Virtual Machines (VMs) or accounts is limited to the individual or entity listed as the account owner.
• Reselling, renting, or sharing services without explicit permission is prohibited.
• Disputes over ownership must comply with PrivateByte’s security procedures.

1.4 Indemnification

Customers agree to indemnify PrivateByte, its employees, affiliates, and third-party providers against any claims, damages, or legal actions arising from misuse of services.

1.5 Data Responsibility

• Customers are responsible for managing and backing up their data.
• PrivateByte is not liable for data loss due to customer actions, service updates, or unforeseen events.

2.1 Service Disclaimer

• PrivateByte provides services on an “as-is” and “as-available” basis.
• No guarantees are made regarding service availability, security, or error-free operation.
• PrivateByte disclaims any implied warranties, including merchantability or fitness for a particular purpose.

2.2 Limitation of Liability

• PrivateByte’s liability is limited to the amount paid by the customer in the three months preceding any claim.
• Indirect, incidental, or consequential damages (e.g., lost profits) are excluded.

3.1 Termination Due to Financial Distress

• Services may be terminated immediately if a customer becomes insolvent or files for bankruptcy.

3.2 Account Termination and Suspension

• PrivateByte reserves the right to suspend or terminate accounts for non-payment, TOS violations, or other justifiable reasons.
• Unpaid accounts may be permanently deleted after 7 days of non-payment.

4.1 Payment Terms

• All charges are listed in the currency displayed on our site.
• Accepted payment methods include credit cards, PayPal, Cryptocurrency, and other specified options.

4.2 Billing Cycles

• PrivateByte offers flexible billing cycles (monthly, quarterly, annually).
• Customers must ensure timely payments to avoid service interruptions.

4.3 Cancellations and Refunds

• To cancel services, customers must use the cancellation option within their account dashboard.
• Refunds are not available after 7 days into a billing cycle after the first cycle has been paid, which dismisses the 14-day money-back guarantee as this is only valid for the first payment in a billing cycle.

10.1 Purpose

This Fair Use Policy applies to all services provided by PrivateByte, including but not limited to:

• Virtual Private Servers (VPS)
• Web hosting
• Domain registration
• Internet connectivity and bandwidth usage
• Other computing resources

Customers are expected to use these services in a manner that does not disproportionately impact the performance or availability of resources for other users.

10.2 Prohibited Activities

The following activities are considered violations of this Fair Use Policy:

• Excessive Resource Usage: Consuming disproportionate amounts of CPU, memory, disk I/O, or bandwidth that negatively impacts other users.
• Bandwidth Abuse: Using the 1Gbps unmetered port in a manner that causes network congestion or disrupts service for others.
• Continuous High Load: Running processes or applications that generate sustained high resource usage without prior approval from PrivateByte.
• Unauthorized Reselling: Reselling or redistributing services in a way that violates the Terms of Service.
• Spamming or Malicious Activity: Sending unsolicited emails, hosting phishing sites, or engaging in other malicious activities.
• Mining Cryptocurrency: Using shared resources for cryptocurrency mining without explicit permission.

10.3 Enforcement

PrivateByte reserves the right to monitor resource usage to ensure compliance with this Fair Use Policy. If a customer’s usage is deemed excessive or abusive, PrivateByte may take one or more of the following actions:

• Notification: Inform the customer of the issue and request corrective action.
• Throttling: Limit bandwidth or resource allocation to restore fair access for all users.
• Suspension: Temporarily suspend services until the issue is resolved.
• Termination: Permanently terminate accounts that repeatedly violate this policy.

10.4 Appeals Process

If a customer believes their account has been unfairly flagged for excessive usage, they may appeal by contacting support@privatebyte.com. Appeals must include detailed explanations and supporting evidence.

10.5 Custom Solutions

Customers requiring higher resource limits or dedicated resources are encouraged to contact PrivateByte to discuss custom solutions tailored to their needs.