BYONDPanel.com Terms and Conditions
BYONDPanel.com - BYOND hosting
In exchange for the fees you pay in advance, we will host your website/BYOND game on one or more of our servers, so long as you abide by the terms and conditions that are set out on this page, and in any other agreements that relate to the services we may provide to you. We will provide the services according to the specifications listed for the hosting package you select during the signup process. For clarity, on this page, the term “services” refers to the web hosting and other services that we will provide to you and, The term “BYONDPanel.com” or “us” or “we” refers to BYONDPanel.com.
Permission to Host Your Content
For us to host your website/BYOND game, it is necessary for you to upload your content to our servers. When you do this uploading, you are creating one or more copies of your content on our system. By purchasing hosting services from us, you acknowledge that these copies are being made, and give us the permission (a license) to maintain these copies and make them available to users of the Internet. You are solely responsible for providing all of the content and other data that make up your website. Please note that even though you upload a copy of your content to our servers, you must always retain a back-up copy of your content, data bases and other web-files, as in effect from time to time, so you can reload them in the event of any technical issues, such as server problems, technical or system related issues, loss of that content from our servers, etc.
When you place an order for our services, your personal information, including your credit card information, is transmitted via the use of Secure Socket Layer technology through PayPal.com, the industry standard for encrypting sensitive information. We take your privacy very seriously, and as such, will not sell your personal information to third party (other than a company that may purchase BYONDPanel.com), and will take reasonable steps to keep it from being disclosed to any third party.
Please address any questions, comments and requests regarding our data processing practices to Support.
Acceptable Use/Illegal Activity
BYONDPanel.com strives to maintain a high-level of service, and a lot of customers depend on our high standards of quality. As such, we will not provide services to those that are using our services for:
* Hacking, this includes, for example penetrating or attempting to access, without authorization, another computer or network. Port scans, stealth scans, and fraudulent credit card “phishing” techniques are also prohibited.
* Hosting of files or other data that infringes on another’s copyright or other intellectual property rights.
* Spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which includes the sending of unauthorized commercial messages by use of our services, or by maintaining an open SMTP connection. We reserve the right to refuse or terminate service based on reasonable indications that you are engaged in spamming of any sort.
* Uploading or linking to any content that violates another’s right of publicity or privacy.
* Distributing hate speech, or any other content that is obscene, abusing, which could be considered libelous and defamatory;
* Hosting, storing, or distributing child pornography. If any such content is found and brought to our attention, the proper law enforcement agencies will be notified.
* Hosting large amounts of data not specifically tied (“linked”) to your hosting account. BYONDPanel.com encourages users looking for file storage/backup solutions to seek other services that specialize in this.
All services provided by BYONDPanel.com may only be used for lawful purposes.
The customer agrees to indemnify and hold harmless BYONDPanel.com from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please contact our Abuse Team with the information required to prove you as the rightful owner.
Examples of unacceptable material on all Shared/Reseller Hosting servers include :
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez/Torrents, affiliate servers, top sites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), Auto Surf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to Warez/Torrent content are prohibited.
Offering video and/or audio streaming or downloads, MP3 Files and shareware is also not permitted on any BYONDPanel.com server(s).
Examples of unacceptable material on our servers include:
Pirated Software / Warez/Torrents, Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), Auto Surf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute Warez/Torrent content are prohibited. Gameservers (e.g., Minecraft) are prohibited on our servers due with the level of CPU abuse we've seen originating from them.
BYONDPanel.com services, including all related equipment, networks and network devices are provided only for authorized customer use. BYONDPanel.com does not monitor or prescreen content that customers post on their websites. Further, BYONDPanel.com does not systematically monitor the content that is submitted to, stored on or distributed or disseminated by User via the Service (the “User Content”). However, at our discretion from time to time, systems usage may be monitored for all lawful purposes, including ensuring that use is authorized and in compliance with our terms and conditions and standards, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability and operational security. During usage monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of BYONDPanel.com system(s) constitutes consent to such system monitoring for these purposes.
However, any material that, in our judgment, could be considered adult content, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 24 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via support ticket/email and will have a response within 24 hours.
If in doubt regarding the acceptability of your site or service, please email our support department and we will be happy to assist you. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita): Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Direct customers: Your services will be suspended/terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When, if at all possible, set permissions on most directories to 644 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password. All files over 10MB must be linked from files within the same account and also publicly available through any domain name attached to your account. Large files (files over 10MB) should not take up more than 40% of the data on your hosting account.
Hosting Resource Usage
User may not:
*Use 70% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: Games, CGI scripts, FTP, PHP, HTTP, etc;
*Participate in any file-sharing/peer-to-peer activities
*When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
While our shared services are suitable for the bulk of our customers, there comes a time for some websites when they are better suited for a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 10% of the server resources and/or 10% of the server’s CPU. This means that if your website is found to be utilizing more than 10% of the CPU and memory of the service, we reserve the right to take your site offline. If this becomes necessary, you can either upgrade your hosting package, or request a pro-rated refund of the amounts you have paid in advance for the services. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.
When the Services Will be Available
We will attempt to provide the services 24 hours a day, 7 days a week for as long as you have paid for them. Sometimes, however, for a number of reasons, the services may be unavailable to you. You must recognize and acknowledge that due to the nature of web hosting technology, occasional unavailability of the services cannot be avoided. Sometimes there are equipment malfunctions. At other times we undertake periodic maintenance procedures or repairs. Still other times, there are causes beyond our control like power failures, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network traffic and other occurrences. We have not promised to provide you with uninterrupted service. We guarantee a 99.9% uptime.
If more than 1 day has passed from the date on which any invoice for the hosting services is issued to you and we have not received payment in full, we will suspend your account and charge a 10% late fee, which means that your data, files and website will be removed.
BYONDPanel.com is unable to process orders placed using virtual/pre-paid/gift cards as we are unable to accurately verify them. In such cases it is advised that you pay through a PayPal account if you have no other valid credit card to make the payment from.
These Terms of Service May Change
Due to our evolving business, and the changing nature of the web hosting industry, these terms of service may change. We will post the changes here, and your continued use of the service means you accept the changes we have made.
DMCA Copyright Infringement Information
In accordance with the Digital Millennium Copyright Act, we have adopted a policy to suspend or terminate the accounts of website owners found to be in violation of copyright. We respect the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent (identified below) the following information:
* an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
* a description of the copyrighted work or other intellectual property that you claim has been infringed;
* a description of where the material that you claim is infringing is located on the site;
* your address, telephone number, and email address;
* a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
* a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If BYONDPanel.com is sued or threatened with a lawsuit from a third party because of something you do with the services, or as an affiliate you agree to pick up the tab if BYONDPanel.com is found liable or pays to settle the dispute. In legal terms, this is called “indemnification”. Not only do you agree to reimburse BYONDPanel.com for what it pays to satisfy a judgment or settle a case, you also agree to pay BYONDPanel.com ‘s reasonable attorney’s fees and all other costs BYONDPanel.com incurs in defending itself.
Disclaimer of Warranties
You may have noticed that up to this point these terms of service have been kind of easy to read and understand. But our lawyers tell us that this section, dealing in the disclaimer of warranties, has to retain its legalese style. Sorry about that. BYONDPanel.com EXPRESSLY 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. SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BYONDPanel.com MAKES 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. BYONDPanel.com DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to you.
Limitation of Liability
Here is another section that has to retain its legalese. Simply stated, what this section is saying is that if something goes wrong, BYONDPanel.com cannot be held liable for it. IN NO EVENT SHALL BYONDPanel.com BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF BYONDPanel.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states may not allow such a broad exclusion or limitation on liability for damages as contained in these terms of services. In those states, our liability is limited to the full extent permitted by law. You agree that in no event shall our maximum aggregate liability exceed the total amount paid by you for a 3-month period for the services in dispute purchased from us, or, in the event of liability of BYONDPanel.com due to your enrollment in the affiliate program.
Governing Law and Choice of Form
The laws of United States, the State of Michigan will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Grand Rapids, Michigan.
By using BYONDPanel.com services you agree to the above terms of service as in effect from time to time.