KillerByte Hosting bills on a monthly, quarterly, bi-annual or annual cycles, depending on what options and hosting plans you have selected. Prompt payment is necessary to ensure uninterrupted service of your account. All prices you see on the website are US$ unless otherwise stated.
For credit card customers, you will be automatically charged the appropriate amount at the beginning of your account's billing period. For cheque/money order customers, KillerByte Hosting must receive your cheque/money order by the beginning of your billing period. Late payments, credit card refusals, expirations, chargebacks, or disputes are subject to fines, suspensions and account terminations at KillerByte Hosting's sole discretion. All unpaid balances incurred during period of service by KillerByte Hosting are subject to collection.
All other services, such as website design, domain registration and hosting add-ons are paid in full prior to account setup and are non-refundable.
KillerByte Hosting customers will incur a charge of US$50.00 for returned cheques as well as chargebacks. For international customers, if you are sending a cheque/money order the amount must be drawn in US dollars. All wire payments must include a US$5.00 processing fee with each payment.
Accounts which are suspended will incur a nominal administrative charge of US$5.00 prior to reactivation. KillerByte Hosting reserves the right to institute a fine of up to US$500.00 per unsolicited commercial e-mail or piece of SPAM should the customers' account be suspended due to UCE/SPAM related issues. Additionally, KillerByte Hosting may collect an administrative fee of up to US$25.00 per unsolicited commercial e-mail or piece of SPAM being investigated.
All cancellations must be received 10 business days prior to your renewal date. Accounts cancelled after the first 30 days of service will not receive any refund. Accounts cancelled prior to the end of the hosting contract are not eligible for refunds for time remaining. Submission of the cancellation request does not automatically complete the cancellation. Your account may be past due or delinquent, in which case the balance must be settled before cancellation of an account can be finalized. Errors or delays in domain name registration or transfer, non-usage of the account, Internic problems, ISP problems, or any other secondary issues not directly related to KillerByte Hosting' services does not qualify an account for cancellation.
All requests for cancellation must be received via our website or postal mail. All cancellation requests must include domain name, FTP username, and FTP password. Information for acceptable methods is:
Postal Mail:
KillerByte Hosting
P.O. Box 1001
Artarmon, NSW 1570
Website:
http://www.killerbytehosting.com/support.php
Cancellation of a hosting account will also cancel all additional services associated with the account, such as databases, domain registrations, and domain pointers. KillerByte Hosting is able to provide domain name registration/renewal service if requested.
If the contact information of an account includes a company name, or corporation please contact the billing department for the procedure to cancel this type of account. Additional documents maybe required.
Please allow 7 to 10 business days to receive confirmation of your account cancellation. Customers are asked to make sure that they receive a cancellation confirmation from KillerByte Hosting, indicating that the cancellation of a domain and/or an account has been finalized.
If no confirmation is received, please contact our billing department to verify that your cancellation request has been processed. In the event that disputes arise an account will be considered active unless a confirmation notice was received. Please keep record of this confirmation, as you may be asked to provide it for verification.
Due to the nature of email cancellation requests sent through the sales chat system or by email to billing@killerbytehosting.com, sales@killerbytehosting.com or any other email address are considered informal requests.
In accordance with our Account Cancellation Policy, clients who purchased a monthly shared web hosting plan may elect to use our 30 day money back guarantee offer. Our 30 day money back guarantee does not include annual or further prepayment options. Any request for cancellations must be received via our web site or regular mail and you'll receive a confirmation upon the cancellation of your account. Cancellations over informal email cancellations are not accepted. All cancellations must be received 10 business days prior to your renewal date.
Submission of the cancellation request does not automatically complete the cancellation. Your account may be past due or delinquent, in which case the balance must be settled before cancellation of an account can be possible. Domain name transfers, non-usage, Internic problems, ISP problems, or any other secondary issues not directly related to KillerByte Hosting' services does not qualify an account for cancellation. Customers are asked to make sure that they receive a cancellation confirmation from KillerByte Hosting, indicating the closure of a domain and/or an account has been completed. Upon completion of the cancellation, Client's account shall be immediately terminated and all fees, excluding setup fee and additional services, shall be credited to the client's credit card or returned in the form of a cheque to clients' who paid by cheque or money order within 20 business days.
In the event that a client's account has been suspended due to any violations of the Acceptable Usage Policy or the Terms of Service, the 30 Day money back guarantee will be void.
TopKillerByte's (also known as KillerByte Hosting, a Commonwealth of Australia Corporation) policies and procedures for handling customer information have been created with the understanding that Internet technologies are still evolving and that Internet business methods are continuing to evolve to meet the needs and opportunities of the changing technologies. As a result, KillerByte's policies and procedures are subject to change.
In the course of serving its customers, KillerByte acquires, stores and transmits customer communications and information that customers may regard as private or sensitive. Some of this information - such as the customer's name, address, telephone number, and credit card data - is provided to KillerByte by its customers in order to establish service. Other information - such as the customer's account status, choice of services, and customer logs - is created and maintained by KillerByte in the normal course of providing service. KillerByte also uses cookies, which are small pieces of information that a web site can store in a designated file on a user's computer for various reasons. For example, KillerByte uses cookies on the landing pages of products sold online which record the customer information that is required on the order form. This information is then forwarded to an internal sales tracking database within KillerByte. In addition, KillerByte may store customers' electronic mail and other communications as a necessary incident to the transmission and delivery of those communications.
KillerByte will protect the confidentiality of its customers' information, account information and personal communications to the fullest extent possible and consistent with the law and the legitimate interests of KillerByte, its partners, its employees and other customers of KillerByte's services. To protect the loss, misuse, and alteration of information that is collected from customers, KillerByte has appropriate physical, electronic, and managerial procedures in place.
KillerByte may share customer information with selected partners, for example, to provide customers with information about products which might be of interest to the customer or to enable the customer to take advantage of special partner programs. KillerByte may also use customer information to provide its customers with system information or information about new or upgraded products.
KillerByte will not otherwise disclose its customers' personal and account information unless KillerByte has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of KillerByte, KillerByte's customers, or others, or where KillerByte has a good faith belief that the law requires such disclosure.
KillerByte also will not, except for reasons stated below, disclose to third parties the contents of any electronic mail or other electronic communications that KillerByte stores or transmits for its customers. The circumstances under which KillerByte will disclose such electronic customer communications are when:
KillerByte disclaims any intention to censor, edit or engage in ongoing review or surveillance of communications stored on or transmitted through its facilities by customers or others. KillerByte will, however, review, delete or block access to communications that may harm KillerByte, its customers or third parties. The grounds on which KillerByte may take such action include, but are not limited to, actual or potential violations of KillerByte's Acceptable Use Policy.
TopIf you have any questions or to report abuse please e-mail abuse@killerbytehosting.com.
As a provider of Internet access, web site hosting, and other Internet-related services, KillerByte (also known as KillerByte Hosting, a New South Wales Corporation) offers its customers (also known as subscribers), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. KillerByte respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, KillerByte reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, KillerByte has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing KillerByte's services. This AUP will be revised from time to time. A customer's use of KillerByte's services after changes to the AUP are posted on KillerByte's web site, www.killerbytehosting.com, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that KillerByte cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because KillerByte cannot monitor or censor the Internet, and will not attempt to do so, KillerByte cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.
When subscribers disseminate information through the Internet, they also must keep in mind that KillerByte does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over KillerByte's network and may reach a large number of people, including both subscribers and nonsubscribers of KillerByte, subscribers' postings to the Internet may affect other subscribers and may harm KillerByte's goodwill, business reputation, and operations. For these reasons, subscribers violate KillerByte policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. KillerByte will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with KillerByte policy or applicable law. When KillerByte becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.
KillerByte also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching KillerByte's facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. KillerByte does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. KillerByte has the right to directly take action against a customer of a subscriber. Also, KillerByte may take action against the KillerByte subscriber because of activities of a customer of the subscriber, even though the action may effect other customers of the subscriber. Similarly, KillerByte anticipates that subscribers who offer Internet services will cooperate with KillerByte in any corrective or preventive action that KillerByte deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of KillerByte policy.
KillerByte also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, KillerByte urges its subscribers to assume that all of their on-line communications are insecure. KillerByte cannot take any responsibility for the security of information transmitted over KillerByte's facilities.
KillerByte will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. KillerByte may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, KillerByte may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. KillerByte assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, KillerByte may disclose subscriber information or information transmitted over its network where necessary to protect KillerByte and others from harm, or where such disclosure is necessary to the proper operation of the system.
KillerByte expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate KillerByte policy. Finally, KillerByte wishes to emphasize that in signing the service agreement, subscribers indemnify KillerByte for any violation of the service agreement, law, or KillerByte policy, that results in loss to KillerByte or the bringing of any claim against KillerByte by any third-party. This means that if KillerByte is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against KillerByte, plus costs and reasonable attorneys' fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including KillerByte and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to abuse@killerbytehosting.com
TopIf you have any questions or to report abuse please e-mail abuse@killerbytehosting.com
Provider - KillerByte Hosting, a New South Wales Corporation
Client - The person or entity that is applying for KillerByte Hosting's web services
Service - The service provided by KillerByte Hosting to one of our valued clients
Content - Information such as, but not limited to, data, text, software, music, sound, photographs, graphics, video, messages or other materials
Bandwidth - the total additive amount of data downloaded from sites on KillerByte Hosting and any of our affiliates, servers that comprise a single billing group, for billing purposes this is considered monthly
Unmetered Bandwidth - implies that the data transfer is not charged on a metered basis so long as it remains within reasonable expectations. KillerByte Hosting considers if any web site jeopardizes the security or system resources of our servers then we must limit their bandwidth as outlined in this Agreement
Metered Bandwidth - implies that the data transfer is charged on a 95th percentile metered basis as described by the Billing Policy.
The Provider agrees to provide, and Client agrees to receive, access to the provider services according to the following terms and conditions:
a) The client agrees to not use the service to:
b) Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which the client resides.
c) Resale of Service
The client agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service without the permission of the provider.
d) Modifications to the service
The provider reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently the service (or any part thereof) with or without notice. You agree that the provider shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the service.
e) Client Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not the provider, are entirely responsible for all content that you upload, post or otherwise transmit via the service. The provider does not control the content posted via the service and, as such, does not guarantee the accuracy, integrity or quality of such content.
f) Termination
The provider reserves the right, in sole discretion, to deactivate the client's account(s) upon indication of credit problems including without limitation to delinquent payments. This agreement shall become effective upon a Client's use of the Service. If you do not agree to these Terms of Service, Acceptable Usage Policy, and Billing Policy, you may not use the Service. The provider, at its sole discretion, may terminate this agreement immediately or suspend your access to the provider's services upon any breach of the agreement by the client.
The client is responsible for notifying the provider of their wish to terminate the account, if so desired. Charges will accrue until your notification to the provider is received of account termination. The client must give the provider 20-business days notification before cancellation of the account and is subject to a US$100 early termination fee. After 30 days of nonpayment, the provider will close the client's account(s) and the client will then be required to re-subscribe according to the policies in effect at the time in order to continue service.
g) Abuse of Unmetered and metered Bandwidth
The provider Clients are privileged to be offered unmetered bandwidth for their web sites. The intention is to provide a large space to serve web documents, not an offsite storage area for electronic files. 75% of all files must be linked with files, which are stored on the provider servers. Failure to do so will result in warning, suspension, deletion, or cancellation at the discretion of the provider management. The client is required to have the entire site using less than 10% of the system resources on the server where the site is located. Software Download sites, Warez sites, Adult Content sites, and illegal content sites are not allowed on the Provider's servers which provide unmetered bandwidth. The provider is the sole arbiter as to what constitutes a violation of any of these provisions.
h) Force Majeure
The provider performance hereunder is subject to interruption and delay due to causes beyond its reasonable control such as acts of God, acts of any government (including but not limited to its contractors, affiliates, etc.), war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor disputes, inability to obtain necessary supplies and the like.
The provider's performance hereunder is subject to interruption and delay due to causes such as service upgrades, network upgrades, daily backups, hardware upgrades, and the like. You agree the provider will not be held liable for any such service interruptions outlined in this agreement. The provider reserves the right with or without notice to upgrade or update the provider's servers at any time. While the provider will attempt to notify the client, the provider is not obligated to do so.
i) Severability
If any provisions of this agreement are held to be unenforceable for any reason, such provisions shall be reformed only to the extent necessary to make it enforceable, and all other provisions shall remain unaffected.
j) Relationship of Parties
You acknowledge and agree that you and the provider are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other nor neither party shall be considered the agent of the other.
k) Changes to Terms of Conditions and Changes in Products and Services
The provider reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services. The provider reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.
l) Notices
Except as otherwise stated provided herein, all notices hereunder shall be given in writing as follows:
KillerByte Hosting
P.O. Box 1001
Artarmon, NSW 1570
Australia
m) Choice of Law and Forum
This agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Australia, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this agreement or your use of this Service shall be filed only in the state or federal courts located in the Commonwealth of Australia, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
n) Waiver
Failure of any party to enforce any provision of the agreement shall not constitute or be construed as a waiver of such provisions or of the right to enforce such provision.
Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its clients may utilize. In the event it is necessary to refer a dispute to an attorney or resolve it in a court of law, the prevailing party will be entitled to an award of reasonable attorney's fees and all costs associated with any legal action, whether or not a suit shall actually be filed.
If the client is not satisfied with the provider services within the first 30 days of service, provider has the option to refund up to 100% of the monthly fees. All setup fees are non-refundable and will not be credited under any circumstances. Client will not receive a refund for any other reason, including but not limited to: late cancellation, slow connection caused by Client's ISP/network, Client's ignorance, InterNIC delays, account termination for violation of policies. The provider reserves the right to terminate this agreement, and to delete the Website from its hardware, immediately upon the occurrence of any of the following events:
While provider shall make every reasonable effort to protect and backup data for Client on a regular basis, provider is not responsible for client's files residing on the provider's equipment. Client is solely responsible for independent backup of data stored on provider's servers.
THE PROVIDER SERVICE IS BASED ON AN "AS IS, AS AVAILABLE" BASIS. THE PROVIDER GIVES NO WARRANTY EXPRESSED, OR IMPLIED, FOR THE PROVIDER'S SERVICES PROVIDING, INCLUDING, WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THIS EXPRESSLY INCLUDES ANY REIMBURSTMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY PROVIDER OR ITS PROVIDERS BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES.
CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT CONTAIN ANYTHING LEADING TO AN ABUSIVE OR UNETHICAL USE OF THE PROVIDER PRODUCT(S) AND THE HOST SERVER(S). ABUSIVE AND UNETHICAL MATERIALS AND USES INCLUDE, WITHOUT LIMITATION PORNOGRAPHY, OBSCENITY, NUDITY, ADULT ORIENTATED, VIOLATIONS OF PRIVACY, COMPUTER VIRUSES, AND ANY HARRASSING AND HARMFUL MATERIALS OR USES. CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FROM ANY CLAIM RESULTING FROM YOUR PUBLICATION OR MATERIALS OR YOUR USE OF THOSE MATERIALS. PROVIDER MAY OR MAY NOT GIVE NOTICE BEFORE DEACTIVATE THE USE OF ANY ACCOUNT(S) WHICH THE PROCIDER DECIDES IS AN ABUSIVE OR UNETHICAL USED OF THE PROVIDER ACCOUNT(S) OR HOST SERVER(S).
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PROVIDER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, SERVICE OPTIONS, PROMISES, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
By submitting a billing information on the order form or by submitting an order for service, Client agrees to authorize all recurring charges to the account and any other balances incurred due to overages of limits, additions of extras to the account, service charges and/or any other fees and agrees to the provider terms of service regarding our services.
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