Web Site Terms and Conditions of Use
ByteCrush. Terms and Conditions (Acceptable Use Policy)
These are the Acceptable Use Policies (AUP) of ByteCrush. All clients of ByteCrush
agree to abide by these policies. ByteCrush reserves the right to change
and update these policies as it sees necessary.
The primary purpose of ByteCrush is to facilitate communication with the numerous
computer networks commonly referred to collectively as “the Internet.” It is ByteCrush’s
intention to allow ByteCrush’s users complete access to everything
the Internet has to offer, with minimal or no interference from ByteCrush.
However, many of the individual networks or portions of the Internet have specific
guidelines for use. As the Internet expands, it is increasingly common for an Internet
Service Provider, such as ByteCrush, to be blocked from use of another organization’s
systems due to violations of that system’s guidelines. Because ByteCrush runs
multi-user systems, actions of one ByteCrush customer can have a severe impact
on other customers’ ability to use the system(s). This is unfair to all ByteCrush
To this end, ByteCrush has developed these Acceptable Use Policies. They are
intended to inform ByteCrush’s Customers of what ByteCrush considers to be
acceptable conduct in relation to the Internet, and to inform Customers what actions
ByteCrush may take, with or without notice, in the event that ByteCrush becomes
aware of inappropriate use of ByteCrush’s service. This AUP will be used to help
ByteCrush system administrators deal with complaints from users of ByteCrush
or other Internet-connected systems, and to determine when action should be taken.
It is expected that all ByteCrush Customers will follow the policies set forth
herein. These policies are drawn from applicable law and generally accepted standards
of Internet conduct, and are intended to ensure protection of ByteCrush’s technical
resources, ability to continue to provide high quality service to its customers,
and the protection of ByteCrush’s reputation as a service provider.
ByteCrush Internet service is provided on an “as is, as available” basis. No
warranties, express or implied, including, but not limited to, those of merchantability
or fitness for a particular purpose, are made with respect to ByteCrush or any
information or software therein. You release ByteCrush from and ByteCrush
shall have no liability or responsibility for any direct, indirect, incidental or
consequential damages suffered by you in connection with your use of or inability
to use the ByteCrush services including, but not limited to, damages from loss
of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions,
or due to inadvertent release or disclosure of information sent by you even if the
same is caused by ByteCrush’s own negligence. Without limiting the generality
of the foregoing, ByteCrush disclaims to the full extent permitted by applicable
law any responsibility for (and under no circumstances shall be liable for) any
conduct, content, goods and services available on or through the Internet or the
ByteCrush services. In no event shall ByteCrush’s aggregate liability exceed
the amount paid by you to ByteCrush for the ByteCrush services. Use of any
information obtained via ByteCrush’s Internet service is at the user’s own risk.
ByteCrush specifically disclaims any responsibility for the accuracy or quality
of information obtained through its services.
The Customer is responsible for all use of the Customer’s account(s) and confidentiality
of password(s), including choosing safe passwords and ensuring file protections
are set correctly. ByteCrush will suspend access or change access to Customer’s
account(s) immediately upon notification by Customer that Customer’s password has
been lost, stolen or otherwise compromised. ByteCrush is not liable for any usage
and or charges prior to ByteCrush making the necessary account alteration. Electronic
mail on this system is as private as we can make it. ByteCrush’s Customers are
reminded that no computer network can ever be considered completely safe from intrusion.
E-Mail may pass through many computer systems, and should not be considered a secure
means of communication unless encrypted and even encrypted information is only as
secure as the encryption method utilized.
3. Personal Files
ByteCrush is not responsible for any Customer’s personal files residing on ByteCrush.
The Customer is responsible for independent
backup of the Customer’s data that is stored on ByteCrush. ByteCrush reserves
the right to delete any Customer ‘s personal files after one or both parties terminates
the service agreement between ByteCrush and the Customer.
4. Non-Transferability of Account
The right to use ByteCrush’s Internet service is not transferable. Use of ByteCrush
accounts is expressly limited to the individual or business whose name appears
on the account and dependents of the account holder living at the same address.
A Customer may use no more than one log-in session per account at any time. If a
Customer has multiple accounts, the Customer is limited to one log-in session per
account at any time unless using a dedicated or a VPS server package.
5. Network Address Ownership
Any network address assignments issued by ByteCrush (i.e., IP addresses and Class
C address space) are the property of ByteCrush and are considered to be loaned
to its customers. In the event service with ByteCrush is discontinued for any
reason, such addresses will revert to ByteCrush. If a Customer of ByteCrush
participates in a service of ByteCrush which provides for a unique Domain Name
System (DNS) entry, the Customer will retain ownership of the assigned Domain Name,
but not the IP address to which it was assigned by ByteCrush.
6. Compliance with all Laws
Customer agrees to use the service in a manner consistent with any and all applicable
laws and regulations of the EU, Belgium, and the Customer’s locality. Reproduction
or transmission of any material in violation of any local, EU, or international
law or regulation is prohibited. The Customer agrees that any material to be reproduced
or transmitted on ByteCrush’s service through Customer ‘s account(s) does not
violate or infringe any copyright, trademark, patent, statutory, common law or proprietary
rights of others, or contain anything obscene, libelous or threatening. Software
intended to facilitate any such violations or infringements may not be stored on
ByteCrush. The Customer shall defend, indemnify and hold harmless ByteCrush
from and against any claims, liabilities and expenses, including attorney fees,
resulting from any Customer’s use of the ByteCrush service or a Customer’s account
in an unlawful manner or otherwise in violation of or contrary to the Customer’s
Agreement with ByteCrush or ByteCrush’s Acceptable Use Policies. At ByteCrush’s
discretion, ByteCrush may revoke any Customer’s access to ByteCrush services
or accounts for inappropriate usage.
7. Unacceptable Conduct
The following types of conduct are grounds for immediate suspension of service pending
investigation by ByteCrush and may result in termination of the account(s) the
investigation determines to have originated or transmitted these types of traffic.
In addition, ByteCrush reserves the right, where feasible, to implement technical
mechanisms which block multiple postings by a ByteCrush Customer as described
in (a) and (b) below before such postings are forwarded:
(a) Posting a single article or substantially similar articles to an excessive number
of newsgroups (i.e., more than 20) or continued posting of articles which are off-topic
according to the newsgroup charter, or which provoke complaints from the regular
readers of the newsgroup for being inappropriate).
(b) Sending unsolicited mass E-Mailings (i.e., to more than 25 users) which provoke
complaints from the recipients or sending more than 500 emails per hour even if
solicited (applies to shared hosting only). Sending more than this will be considered
excessive usage and could cause suspension of service.
(c) Engaging in either (a) or (b) from a provider other than ByteCrush and using
an account on ByteCrush as a mail drop for responses, or to draw attention to
a web site housed within ByteCrush’s networks.
(d) Continued harassment of other individuals on the Internet after being asked
to stop by those individuals and/or by ByteCrush.
(e) Mail bombing, i.e., sending large volumes of unsolicited E-Mail to individuals
or to individual business accounts.
(f) Impersonating another user or otherwise falsifying one’s user name in E-Mail,
Usenet postings, on Internet Relay Chat (IRC), or with any other Internet service.
(This does not preclude the use of nicknames in IRC or the use of anonymous remailer
(g) Privacy violations: Attempts, whether successful or not, to gain access to any
other system or users’ private data without express consent of the user.
(h) Network unfriendly activity: Attempts to interfere with the regular workings
of ByteCrush’s systems or network connections or which adversely affect the ability
of other people or systems to use ByteCrush services or the Internet, including,
but not limited to:
I: any unauthorized attempts by a user to gain root access or access to any account
not belonging to that user on this or any other ByteCrush system;
II: any use of this or any other ByteCrush system as a staging ground to disable
Any activity which violates the laws or statutes of the EU and Belgium.
(i) Hosting of Adult/Pornographic Content – Content designed to sexually arouse
is prohibited throughout the ByteCrush Network. In general, frontal nudity (not
for science, health, fine art, or general educational purposes) and/or content meant
to sexually arouse is prohibited. Child Pornography of any kind is prohibited throughout
the ByteCrush Network and will be reported to the authorities if found. ByteCrush
reserves the right to determine what violates this policy.
(j) Any attempt to proxy through our servers or hosting of proxy software (refers
to shared hosting only).
(k) Utilising Storage VPS packages for non-backup / data storage purposes.
(l) Running Minecraft servers on any type of VPS service provided by ByteCrush.
(m) Running any type of public proxies on VPS servers (e.g. Tor, etc)
(n) Running any type of P2P (Peer to peer) applications on VPS servers (e.g. Bittorrent, Edonkey, etc)
8. Excess Utilization of System or Network Resources
ByteCrush account descriptions in some cases may specify limits on bandwidth,
CPU and disk utilization for certain types of Customers, and use up to these limits
is included in the price for that type of Customer. In the event ByteCrush determines
that a Customer is exceeding the bandwidth, CPU and/or disk utilization limits,
the Customer will be notified by E-Mail. If the excess use continues for more than
48 hours after such notification, the Customer may be requested to upgrade to a
web hosting service agreement or to modify the activity creating the excess use.
If excessive bandwidth, CPU or disk space utilization is determined by ByteCrush
to adversely affect ByteCrush’s ability to provide service for all customers,
immediate action may be taken to alleviate the problem. In such event, the Customer
will be notified by E-Mail as soon as practicable (refers to shared and VPS hosting).
9. Compliance with Rules of Other Networks
Any access to other networks connected to ByteCrush’s Internet service must comply
with the rules for that other network as well as with ByteCrush’s rules.
ByteCrush reserves the right to monitor any and all communications through or
with ByteCrush facilities. Customer agrees that ByteCrush is not considered
a secure communications medium for the purposes of the Electronic Communications
Privacy Act, and that no expectation of privacy is afforded. It may become necessary
for ByteCrush employees to examine system accounting logs and other records to
determine if privacy violations or other network unfriendly activities have occurred.
ByteCrush also reserves the right to access a Customer’s mailbox or other files
stored on ByteCrush systems to resolve system problems or mail system errors.
11. Cooperation with Authorities
ByteCrush reserves the right to cooperate with law enforcement and other authorities
in investigating claims of illegal activity including, but not limited to, illegal
transfer or availability of copyrighted material, postings or e-mail containing
threats of violence or other illegal activity.
12. Confidentiality of Personal Subscriber Information
ByteCrush will not release a Customer’s personal subscriber information, nor
a Customer’s billing information, to any third party except upon presentation of
a valid court order of a government or entity within our jurisdiction. Customer
agrees that ByteCrush’s judgment as to the validity of any court order of subpoena
shall be considered proper and final.
13. ByteCrush’s Right to Suspend or Cancel Account
ByteCrush reserves the right to suspend or cancel service to a Customer at any
time and without notice, for any reason, including, but not limited to, refusal
or failure to pay for services provided or by sole judgment of ByteCrush that
the Customer may be performing activities harmful to ByteCrush or its Customers,
employees, vendors, business relationships or any other users of the Internet.
14. Right to Damages
ByteCrush reserves the right to collect damages (software, hardware and man hours)
if any harm is done to ByteCrush which requires repair or reconfiguration of
any kind. In the event a Clients account is turned over to a collection agency,
Client accepts and acknowledge that the Client will be responsible for all applicable
fees ByteCrush incurs related to the collection of monies due ByteCrush.
15. Other Remedies/Non-Waiver
Nothing contained in these policies shall be construed to limit action ByteCrush
may take or remedies available to ByteCrush in any way with respect to any of
the described conduct. ByteCrush reserves the right to take any additional actions
ByteCrush may consider appropriate with respect to such conduct, including without
limitation taking action to recover the costs and expenses of identifying offenders
and removing them from the ByteCrush service, and levying cancellation charges
to cover ByteCrush’s costs in the event of disconnection of dedicated access
for the causes outlined above. In addition, ByteCrush reserves at all times all
rights and remedies available to ByteCrush with respect to such conduct at law
or in equity. Non-enforcement of any policy or rule herein does not constitute consent
or waiver, and ByteCrush reserves the right to enforce such policy or rule at
its sole discretion.
16. ByteCrush’s Right to Change Service
ByteCrush reserves to right to change without notice the ByteCrush service,
including, but not limited to, access procedures, hours of operation, menu structures,
commands, documentation, vendors and services offered.
17. ByteCrush’s Right to Modify its Acceptable Use Policies
ByteCrush may modify its Acceptable Use Policies upon notice published online
via ByteCrush. Customer’s use of ByteCrush services after such notice shall
constitute Customer’s acceptance of the modifications to these policies.
18. ByteCrush Package Terms
ByteCrush’s definition of “unlimited” features is at the sole discretion of ByteCrush. 30 day money back guarantee does NOT apply to domain registration or setup
fees. Customers who desire a refund on a prepaid account will be re-billed at the
regular price as opposed to the discount. Only the difference between the prepaid
amount and the re-billed regular price will be refunded.
19. ByteCrush Billing Policy
All packages are automatically renewed on their renewal date after the initial term.
The next renewal dates are included in every invoice. All renewed packages will
be invoiced 10 days before the renewal date unless other prior arrangements have
been made or a cancellation request has been received *before* the first of the
month. Domain renewals are processed at least 30 days before the domain expiration
date. Requests to cancel a domain registration will need to be submitted before
the 1st of the month that is 30 days before the domain expiration date. Once an
invoice is generated and paid, a domain renewal cannot be cancelled or refund issued.
If you have any further questions about our billing policy, please submit a billing
Invoices are due 30 days from when they are generated. Accounts that have any invoices
that are more than 5 days overdue will be charged a 20% penalty for non payment.
Accounts that have any invoices that are more than 10 days overdue will be suspended
unless prior arrangements have been made.
Accounts that are more than 1 month overdue will be subject to termination and all
data will be removed from our servers (refers to shared and VPS hosting).
Dedicated server hard drives will be formatted no sooner than 5 days after your
account has been suspended.
Questions should be directed to support@ByteCrush.be
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, subscribe to the newsletter, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Web browser cookies
How we use collected information
ByteCrush may collect and use Users personal information for the following purposes:
- To improve customer service
Information you provide helps us respond to your customer service requests and support needs more efficiently.
- To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
- To improve our Site
We may use feedback you provide to improve our products and services.
- To process payments
We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
- To send periodic emails
We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, they may do so by contacting us via our Site.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.
Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
This document was last updated on March 29, 2013