Terms & Conditions
This terms & conditions apply to all transactions between you and BanyanBytes (hereafter referred to as we or BanyanBytes). At BanyanBytes, we will provide web hosting services according to the specifications listed for the hosting packages you select when signing up a contract. We will host your website on one or more of our servers as long you abide by the terms & conditions stipulated in the site.
Hosting Your Content
To host the content to your website, you need to upload a copy of your content to our server. When you are uploading your content to our server, you are creating one or more copies of your content, web site, web files and other data on your system. By purchasing our web hosting plans or other related services from us you give us the licence to maintain the copies of these data and make them available to the web users.
We are not responsible for providing all of the content and other data that make up your website, and for keeping back-up copies of those items. It is recommended to keep a back-up copy of your content, data bases and other web-files when you upload content to our servers, so that you can have access to them the event of any technical issues, such as server problems, technical or system related issues, loss of that content from our servers, etc.
We will try our best to keep nightly backups. However, with any data storage systems, backups can fail, hence we recommend you to retain your own backups on a periodic basis.
Acceptable Use/Illegal Activity
At BanyanBytes, we will not offer our services to those who are involved in illegal activities like:
- Hacking, port scans, stealth scans and fraudulent credit card "phishing" techniques
- Hosting of files or other data that infringes on another's copyright or other intellectual property rights
- Spamming or sending of bulk unsolicited email
- Uploading or linking any content that violates another's right of publicity or privacy
- Propagating hate speech or any other content that is obscene, abusing or defamatory
- Hosting, storing or distributing child pornography
- Hosting large amounts of data not specifically tied ("linked") to your hosting account
- Hosting any material that could be considered adult content, threatening, illegal, or violates our terms of service in any manner
All services provided by BanyanBytes should be used only for lawful purposes. Using our services to infringe upon any copyright or trademark is illegal. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work.
30-Day Money Back Guarantee
We offers a 30-day money back guarantee that covers cancellations of a web hosting account made during the first 30 days of service, due to the inability to deliver satisfactory services. The customer will be refunded all hosting charges made to their credit card minus any setup fees or domain name costs which are non-refundable. The guarantee does not apply to accounts with non-use, misuse, and/or abuse of this agreement. Domain name registrations are also non-refundable. Domain Names transferred to our service incur an additional year of registration and therefore are considered a domain registration. Domain names of customers which leave our hosting service will be refunded the package price total less the domain registration fee if the customer leaves BanyanBytes hosting service within the 30 day money back guarantee.
Disclaimer of Warranties
BanyanBytes DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BanyanBytes PROMISES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS WILL BE CORRECTED.
Change of Terms & Condition
Due to the changing nature of web hosting business, we may change these terms and conditions. We will update the changes here and they will take effect when posted.