Terms of Service
User Agreement
Your use of Baytech Hosting Services is subject to the terms and conditions set forth in these Baytech Hosting Terms of Service (the “Agreement”). This Agreement explains (i) what’s allowed when using our Services; (ii) the rights you have as a user of our Services; (iii) the rights Baytech Hosting has if you do something which is not allowed when using our Services; and (iv) many other important terms. This Agreement is a legal contract between you and Baytech Hosting and it is important that you read it carefully. If there is anything you do not understand in this Agreement, please contact us.
Summary and Quick Links
Eligibility, Registration and Account Security
This section describes the eligibility criteria we require from all of our users. When you register to use our Services (as defined below), we need to make sure that you are able to legally contract with Baytech Hosting.
HIPAA Disclaimer
Baytech Hosting Services do not comply with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). This section describes our policy on HIPAA in more detail.
Subscriber’s Responsibilities
All Subscribers are required to comply with applicable law and have certain obligations with respect to their use of Baytech Hosting Services. For example, you are required to keep a backup of your data, promptly remove any malware from your account, and cooperate with Baytech Hosting and utilize hardware and software that is compatible with the Services.
Payment
Baytech Hosting offers a great range of Services to suit everyone’s needs and at prices to suit everyone’s pockets. The fees you pay are based on the plan you choose and any add-on products you purchase. All payments are taken, in advance, for the full term of your plan.
Term and Automatic Renewal
To ensure uninterrupted service, Baytech Hosting Services will automatically renew on your renewal date. This section explains this process in more detail.
Termination and Non-Payment
Baytech Hosting offers hosting plans for a fixed period of time that you select upon purchase (e.g., 1 year, 2 years, etc.). Even though we do not want you to, we know that one day you might want to leave Baytech Hosting. The instructions to cancel or disable automatic renewal can be found below
Refund Policy
This section describes Baytech Hosting’s 30-Day Money-Back Guarantee. If you purchase an account with a thirty (30) day money-back guarantee and cancel during the first thirty (30) days of your term, you may receive a full refund of all basic hosting fees paid.
Resource Usage
Customers are required to utilize server resources in an efficient and responsible manner. Excessive use of server CPU and memory resources by a customer can interfere with or prevent normal service performance for other customers. Additional information about our policy on CPU, Bandwidth and Disk Usage can be found here.
Governing Law and Arbitration
The governing law and jurisdiction provision as set forth in Section 26(a) shall apply to all Subscribers. For Subscribers who purchased or signed up for Baytech Hosting Services after April 1, 2017, the arbitration clause in Section 26(b) shall also apply.
This Agreement is an agreement between Baytech Hosting Inc. (“us,” “we,” “Baytech Hosting,” or the “Company”) and you (“Subscriber” or “you” and “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Baytech Hosting and through the Baytech Hosting website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. Please read this Agreement carefully.
We may in our sole discretion change or modify this Agreement at any time. We will post a notice of any significant changes to this Agreement on the Baytech Hosting website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date these terms were last revised. Any changes or modifications to this Agreement shall be effective and binding on you as of the date indicated in a notice posted on this page. If no date is specified, your use of the Services after such changes or modifications shall constitute your acceptance of the Agreement as modified. If you do not agree to abide by this Agreement, you are not authorized to use or access the Services and your sole remedy is to cancel your account.
Policies
Use of the Services is also governed by the following policies and agreements, which are incorporated by reference. By using the Services, if applicable, you are also agreeing to the terms of the following policies and agreements. Additional terms may apply to certain Services, and such additional terms will be made available to you and will be incorporated by reference with such Services.
The Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Services by anyone under eighteen (18) is unauthorized and in violation of this Agreement. By registering for or using the Services, you represent and warrant that you are eighteen (18) years of age or older.
If you use the Services on behalf of another party, company or other organization, you represent and warrant that you are authorized to bind such party, company or organization to this Agreement and to act on behalf of such party, company or organization with respect to any actions you take in connection with the Services.
You agree to (i) provide accurate, current and complete information about you and your organization (if applicable) as prompted by the registration forms (“Registration Data”); (ii) maintain the confidentiality of your password and other information related to the security of your account; (iii) maintain and promptly update the Registration Data and any other information you provide to Baytech Hosting, to keep such information accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place through your account.
You acknowledge and accept that despite the security measures Baytech Hosting takes in connection with the Services, Baytech Hosting’s system and/or Subscriber Websites (as defined below) may nonetheless become compromised, including without limitation, by hackers, Internet viruses, worms or Trojan horses, or the like. Under such circumstances, Baytech Hosting may take corrective action as it deems appropriate in its sole discretion and you acknowledge and agree that Baytech Hosting shall have no liability to you for any damage or loss that you may incur due to such corrective action. You further acknowledge and agree that you are solely responsible for backing-up all Subscriber Content and Subscriber Websites.
Dedicated Servers. Baytech Hosting reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our system operations and security teams. It is your responsibility to ensure that there is a valid email address and current root password on file for your dedicated server to prevent downtime from forced password resets. Baytech Hosting reserves the right to audit servers as needed and to perform administrative actions at the request of our teams. Dedicated servers are NOT backed up by us. It is your responsibility to maintain backups.
HIPAA Disclaimer
The Services do not comply with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). You are solely responsible for compliance with all applicable laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services are not appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Baytech Hosting does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with HIPAA. Subscribers requiring secure storage of “Protected Health Information” as defined under HIPAA are expressly prohibited from using the Service for such purposes. Storing and permitting access to “Protected Health Information” is a material violation of this Agreement and grounds for immediate account termination. Baytech Hosting does not sign “Business Associate Agreements” and you agree that Baytech Hosting is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, please contact us by phone or chat.
Prohibited Persons (Countries, Regions, Entities, and Individuals)
The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or re-export, or permit the export or re-export, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization, or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, North Korea, or the Crimea, the Donetsk People’s Republic, or the Luhansk People’s Republic regions of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, Baytech Hosting also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.
Baytech Hosting Content
Except for Subscriber Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “Baytech Hosting Content”), are the property of Baytech Hosting or its licensors. No Baytech Hosting Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Baytech Hosting Content. Any use of the Baytech Hosting Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to your use of the Services and the Baytech Hosting Content granted herein. All rights of Baytech Hosting or its licensors that are not expressly granted in this Agreement are reserved to Baytech Hosting and its licensors.
Subscriber Content
You may be able to upload, store, publish, display and distribute information, text, photos, videos, emails, and other content on or through the Services (collectively, “Subscriber Content”). Subscriber Content includes any content posted by you and users of any of your websites hosted through the Services (“Subscriber Websites”). You are solely responsible for any and all Subscriber Content and any transactions or other activities conducted on or through Subscriber Websites. By posting or distributing Subscriber Content on or through the Services, you represent and warrant to Baytech Hosting that (i) you have all necessary rights to post or distribute such Subscriber Content, and (ii) your posting or distribution of such Subscriber Content does not infringe or violate the rights of any third party.
You acknowledge and agree that Baytech Hosting may, but is not obligated to, monitor Subscriber Content and may immediately take any corrective action in Baytech Hosting’s sole discretion, including without limitation removal of all or a portion of the Subscriber Content, and suspension or termination of any and all Services without refund of any pre-paid fees. You hereby agree that Baytech Hosting shall have no liability due to any corrective action that Baytech Hosting may take, including without limitation suspension or termination of Services.
You hereby grant to Baytech Hosting, to the extent necessary to provide the Services, a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute Subscriber Content and the Subscriber Website; and (ii) make archival or back-up copies of the Subscriber Content and the Subscriber Website. Except for the rights expressly granted above, Baytech Hosting is not acquiring any right, title or interest in or to the Subscriber Content, all of which shall remain solely with you.
Payment Card Industry Security Standard Disclaimer
Baytech Hosting complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of your data and billing information. However, you are solely responsible for the security of the data and billing information you collect on your Subscriber Website. Baytech Hosting will not monitor Subscriber Websites for compliance and therefore we are not able to verify whether your Subscriber Website complies with the PCI Standard.
Compliance with Applicable Law
You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where you reside or your organization is located regarding User Content, User Websites, online activities, email and your use of the Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you reside. The Services are controlled and operated by us from our offices within the United States (although we may share data with third parties around the world to assist us in providing the Services as further described in our Privacy Notice and we make no representation that the Services are appropriate or available for use in other locations. Those who access the Services from other locations do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations. We do not offer the Services where prohibited by law. For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679 (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our Services only as permitted and subject to the terms of this Agreement. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR). To the extent the GDPR applies to you, you represent and warrant that in using our Services, you will clearly describe in writing how you plan to use any personal data collected and you will ensure you have a legitimate legal basis to transfer such personal data to us and that you have the necessary permission to allow us to receive and process (e.g., store) such personal data on your behalf. The additional data processing terms set forth here shall apply where you are a Controller subject to the GDPR.
Additional User Responsibilities
You will be solely responsible for all activities conducted on or through a Subscriber Website, including any transactions or interactions with end users of a Subscriber Website. You will be solely responsible for providing such end users with any required disclosure or explanation of the various features of the Subscriber Website and any goods or services offered thereon, as well as any terms of use and Privacy Notice for the Subscriber Website.
You will cooperate fully with Baytech Hosting in connection with Baytech Hosting’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for you to use the Services. Delays in your performance of your obligations under this Agreement will extend the time for Baytech Hosting’s performance of its obligations that depend on your performance.
You will be solely responsible for ensuring that all Subscriber Content and Subscriber Websites are compatible with the hardware and software used by Baytech Hosting to provide the Services, which hardware and software may be changed by Baytech Hosting from time to time in its sole discretion.
You will be solely responsible for backing-up all Subscriber Content, including any Subscriber Websites off of Baytech Hosting’s servers. This is an affirmative duty. Baytech Hosting is not responsible for the loss of any Subscriber Content. Note: It is essential that Subscribers backup files offline, even if user purchases or has products, such as Site Backup and Restore.
You will use your best efforts to ensure that the Subscriber Content is and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code.
You will not use the Services in any manner, as determined by Baytech Hosting in its sole discretion, that:
Engages in or promotes illegal activity;
Engages in or promotes behavior that is defamatory, harassing, abusive or otherwise objectionable;
Infringes the intellectual property rights or other proprietary rights of any third party;
Violates the privacy rights or publicity rights of any third party;
Interferes with the operation of the Services; or
Violates the terms and conditions of this Agreement or any of the policies or agreements incorporated by reference herein.
Term and Automatic Renewal
Initial Term. The initial term of the Services purchased by you will be for the time period set forth in the registration form presented to you when you order the Services (the “Initial Term”).
Automatic Renewal. Unless you cancel the Services or disable the automatic renewal option as set forth in sub-section d below, following the expiration of the Initial Term the Services will automatically renew for successive periods of equal length as the Initial Term (each a “Renewal Term”). The Initial Term and any Renewal Terms shall be collectively referred to as the “Term.” For Services with Term lengths of three (3) months or longer, Baytech Hosting shall provide notice of the upcoming charge for each renewal to Subscriber no later than thirty (30) days prior to the payment date for each Renewal Term. The payment date for Services with Term lengths of three (3) month or longer shall be fifteen (15) days prior to the end of the then current Term. For accounts with a Term of one (1) month, the payment date will occur twenty-four (24) hours prior to the expiration of Subscriber’s Services without any prior notice.
If you do not want the Services to automatically renew, you must opt out of the automatic renewal option at least sixteen (16) calendar days before the end of your then current Term or else your payment method on file will be charged as described above. The procedure to disable automatic renewal can be found in subsection (d) below. If you wish to terminate the Services, please review Section 13.
Disabling automatic renewal option for products and services. You may disable the automatic renewal option for your products and services at any time online via the Renewal Center in your Account Manager. Additional instructions can be found here. In the event that the account expires, all User Content will be permanently removed from the server. Please make a backup of all User Content before you disable autorenewal. So long as your Account remains active, other products and services on the Account such as domain names or Domain Privacy will continue to autorenew. Please contact Baytech Hosting by phone or online chat if you require any assistance.
Termination and Non-Payment
Failure to Pay. If you fail to pay the fees due for the Services, we may suspend or terminate your Services and pursue any collection costs incurred by Baytech Hosting, including without limitation, any arbitration and legal fees and Baytech Hosting’s reasonable attorneys’ fees. If any check is returned for insufficient funds, Baytech Hosting may impose a minimum processing charge of $25.00 plus any applicable taxes. Accounts will not be reactivated until all outstanding amounts are paid. We are not responsible for any deleted or lost Subscriber Content that results from any suspension or termination of the Services.
Dedicated servers: If you make a late payment we do not automatically reactivate the dedicated servers. Contact Baytech Hosting’s billing department to discuss options to reactivate the dedicated server.
Termination Procedure. You may terminate the Services you purchased at any time during the Term by giving Baytech Hosting notice by phone or online chat. The cancellation request is subject to verification of ownership of the account and/or domain, as determined in Baytech Hosting’s sole discretion. In the event of such cancellation, you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation subject to the terms of the thirty (30) day money-back guarantee if applicable. After the account is canceled, all Subscriber Content will be permanently removed from the server. Please make a backup of all Subscriber Content before you contact Baytech Hosting to cancel your account.
Termination by Baytech Hosting. Baytech Hosting may terminate your access to the Services, in whole or in part, including deletion or confiscation of all files, content, and/or domain name registrations, without notice in the event that: (i) you fail to pay any fees due hereunder to Baytech Hosting; (ii) you violate the terms and conditions of this Agreement; (iii) your conduct may harm Baytech Hosting or others, cause Baytech Hosting or others to incur liability, or disrupt Baytech Hosting’s business operations (as determined by Baytech Hosting in its sole discretion); (iv) you are abusive toward Baytech Hosting’s staff in any manner; or (v) for any other lawful reason, including to comply with applicable law, or as otherwise specified in this Agreement. In such event, Baytech Hosting will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.
Modification of Services. Baytech Hosting reserves the right to modify, change, or discontinue any aspect of the Services at any time.
Data Deletion
Web Hosting Accounts. Upon termination of the Services for any reason, Subscriber Content, Subscriber Websites, and other data will be deleted. You are solely responsible for maintaining backup copies of all Subscriber Content, Subscriber Websites, and other data. Baytech Hosting is not responsible for the loss of any Subscriber Content. It is essential that Subscribers backup files offline, even if Subscribers purchase or have products, such as Site Backup and Restore.
VPS and Dedicated Accounts. Upon termination of the VPS or Dedicated Hosting services for any reason, access to your cPanel account will be restricted for a period of approximately seven (7) days and you will not be able to log into your cPanel account. If the account has not been renewed after eight (8) days following expiration, the server will be suspended for approximately thirteen (13) days. Dedicated servers that have invoices outstanding for more than twenty-one (21) days may be subject to being reclaimed which will result in the loss of all data on the server. Baytech Hosting is not responsible for any loss of data resulting from such deletion.
Baytech Hosting reserves the right to terminate any account that has been in a suspended or deactivated state for thirty (30) days which will result in the loss of all data stored on the account.
Refund Policy
There are no refunds for hosting services.
Nonrefundable Fees
Fees paid by Subscriber in connection with the purchase of product or add-on services, including without limitation, Baytech Hosting Cloud Hosting Plans, SSL certificates, Site Backup Pro, Pay Per Click Marketing (PPC), cPanel QuickStart, WordPress QuickStart, Site Doctor, website transfer, Design Service Standard, Design Service Plus, Design Service Premium, SEO Package, SiteLock, domain privacy, and domain names are non-refundable, as are payments made by check for $10.00 or less due to processing fees, unless otherwise expressly provided.
Domain Registration Fees
In the event Subscriber cancels the Services prior to the expiration of thirty (30) calendar days and requests a refund in compliance with the terms and conditions of this Section 14, Subscriber will receive a Money-back Guarantee Refund provided that if Subscriber registers any domain name as part of a “Free Domain Name” promotion in connection with the Services, Subscriber’s refund will automatically be reduced by the regular cost per domain name. Subscriber will retain full ownership and control of any such domain names.
Cancellations After 30 Days. Baytech Hosting does not offer refunds for cancellations that occur after thirty (30) calendar days following the purchase.
Baytech Hosting as Reseller or Licensor
Third Party Services. Baytech Hosting is a reseller or licensor of certain third party products and services (collectively, “Third Party Services”) including without limitation as sold through the Baytech Hosting Marketplace (the “Marketplace”). Your purchase and use of Third Party Services are generally subject to the applicable third party’s terms and conditions. A list of certain third parties can be found here. Baytech Hosting is not responsible for any changes in the Services that cause any Third Party Services to become obsolete, require modification or alteration, or otherwise affect the performance of such Third Party Services. Any malfunction or manufacturer’s defects of Third Party Services either sold, licensed or provided by Baytech Hosting to you or purchased directly by you and used in connection with the Services will not be deemed a breach of Baytech Hosting’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Third Party Services are limited to those rights extended to you by the manufacturer of such Third Party Services. You are entitled to use Third Party Services supplied by Baytech Hosting only in connection with your permitted use of the Services unless otherwise expressly provided.
Themes and Plugins. In the event the Third Party Services you purchase include a website theme or plugin, the following additional terms shall apply to your purchase. Third parties can upload, distribute, and sell products such as website themes and plugins through the Marketplace (each referred to as a “Seller”). Your purchase of and/or download of any theme or plugin from the Marketplace does not grant you an ownership or other exclusive interest in such theme or plugin. If you purchase a theme or plugin, you are also subject to the terms of the GNU General Public License, version 2.0 or later (“GPL”). The terms of the GPL can be accessed here.
Seller Support. Baytech Hosting is not responsible for any Seller’s failure to support any theme or plugin. Seller shall provide basic email-based support of the theme or plugin for the purpose of assisting with basic questions regarding their use, as well as access to any patches, bug fixes or new releases of a product for the purpose of correcting any errors or defects for no additional charge. You are entitled to such support for one (1) year from the date of purchase.
Internet Protocol (IP) Address Ownership.
If Baytech Hosting assigns you an Internet Protocol (“IP”) address for your use, you shall have no right to use that IP address except as permitted by Baytech Hosting in its sole discretion in connection with the Services during the Term. Baytech Hosting shall retain ownership of all IP addresses assigned to you by Baytech Hosting, and Baytech Hosting reserves the right to change or remove any and all such IP addresses in its sole discretion.
Resource Usage
Web Hosting
Acceptable Use Policy. Hosting space is intended for use in accordance with Baytech Hosting’s Acceptable Use Policy, and is limited to Web files, active e-mail and content of the hosted Subscriber Websites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as offsite storage of electronic files, e-mail or FTP hosts. Baytech Hosting expressly reserves the right to review every user account for excessive usage of CPU, bandwidth, disk space and other resources that may be a result of your violation of this Agreement or the Acceptable Use Policy. Baytech Hosting may, in its sole discretion, terminate access to the Services, apply additional fees, or remove/delete Subscriber Content for those Subscriber accounts that are found to be in violation of Baytech Hosting policies. You hereby agree that Baytech Hosting shall have no liability due to any action that Baytech Hosting may take, including without limitation suspension or termination of Services in connection with your violation of this section.
Plan Limits. Baytech Hosting may, in its sole discretion, terminate access to the Services, apply additional fees, or remove/delete Subscriber Content for those Subscriber accounts that exceed the limit(s) of the Subscriber’s current plan. To avoid service interruption, Baytech Hosting may automatically upgrade your account to a higher tier plan at an additional fee if you exceed the limit(s) of your current plan.
Excessive Server Resources. Use of Baytech Hosting resources must be consistent with a web hosting environment and must otherwise comply with this Agreement. Accounts with a large number of files (inode count in excess of 200,000) can have an adverse effect on server performance. Similarly, accounts with an excessive number of database tables (i.e., in excess of 5000 database tables) or of an excessive database size (i.e., in excess of 10GB total database usage or 5GB database usage in a single database) negatively affect the performance of the server. In the event Subscriber exceeds these amounts, Baytech Hosting may request that a Subscriber’s number of files/inodes, database tables, or total database usage be reduced to ensure proper service performance. Baytech Hosting reserves the right to terminate a Subscriber account, with or without notice, for excessive use of resources that result in a degradation of server performance or the Services.
Unlimited File Transfer. Baytech Hosting does not set arbitrary limits on the amount of visitor traffic Subscriber Websites can receive in any given month, nor does Baytech Hosting charge additional fees based on the increased use of bandwidth, as long as the Subscriber’s use of the Services complies with this Agreement. In most cases, Subscriber Websites will be able to support as much traffic as the Subscriber can legitimately acquire. However, Baytech Hosting reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other Subscribers.
Virtual Private Servers (VPS) and Dedicated Servers Usage.
Resource Usage. Dedicated and VPS usage is limited by the resources allocated to the specific plan that you have purchased.
Backup. Each Subscriber is solely responsible for backing-up all Subscriber Content, including any Subscriber Websites. Baytech Hosting is not responsible for the loss of any Subscriber Content.
Subscriber Super-user Access. Subscriber acknowledges that Subscriber is solely responsible for any changes made with super-user access and that Baytech Hosting may not be able to reverse any changes and/or recover data lost or damaged through the use of super-user privileges. Baytech Hosting’s level of support to those Subscribers accessing super-user privileges will be limited as follows:
Reinstallation of corrupted modules, such as control panel files, web server files, etc.;
Reinstallation of the baseline operating system and core file image at Subscriber’s request. Subscriber acknowledges and understands that a new image install will cause the irreversible complete loss of all data stored on the server. Baytech Hosting is not liable for any data lost as a result of this action;
Restoration of files from available backups at Subscriber’s request. This restoration will be a full restore of the backup files as Baytech Hosting does not offer file-by-file restoration services. Baytech Hosting reserves the right to charge a restoration fee if you request copies of the backups;
Baytech Hosting will not attempt any configuration or setup of DNS, firewalls, web server, etc.; and
Baytech Hosting will attempt basic diagnostics upon Subscriber’s request.
Baytech Hosting does not offer in-depth manual diagnostics as part of the Service. Subscriber may contact Baytech Hosting Professional Service to inquire about additional support offerings.
Virtual Private Servers (VPS), Dedicated Servers, and Web Reseller.
cPanel Accounts.
Baytech Hosting reserves the right to restrict the number of cPanel accounts and/or terminate any excessive cPanel accounts as determined in Baytech Hosting’s sole discretion.
Customers who exceed Baytech Hosting’s limit for cPanel accounts may be charged for additional cPanel accounts.
19. Parked Domain Services
By registering for the Services, you agree that Baytech Hosting may point your domain name or DNS to one of Baytech Hosting’s or Baytech Hosting’s affiliates’ web pages as a default landing page, and that they may place advertising on your web page (the “Parked Pages”). You shall have no right to any compensation and shall not be entitled to receive any funds related to the monetization of your Parked Pages. If you do not wish for Baytech Hosting to display Parked Pages on your web page, you can opt out of such practice. You can opt out of Parked Pages by updating the DNS of the domain name to point to another provider or by changing the default.html file stored on your account.
20. Technical Support Services
Except as otherwise stated below, Baytech Hosting will provide technical support via chat and phone for the Services (“Technical Support Services”). You will be required to provide as much information as possible to aid our investigation into any issues or problems. By utilizing Baytech Hosting’s Technical Support Services, you grant Baytech Hosting permission to access your account, if necessary, to resolve your issue. You agree that Baytech Hosting and its agents and employees are not liable for any damage resulting from the provision of customer support.
Ineligibility for Technical Support Services. Baytech Hosting will not provide Technical Support Services if: (a) you are in breach of this Agreement; (b) the need for Technical Support Services is due to (i) any modification or attempted modification of the Services by you or any third party outside of Baytech Hosting’s control, or (ii) your failure or refusal to implement changes recommended by Baytech Hosting; or (c) you are abusive toward our staff in any manner.
VPS and Dedicated Servers. Baytech Hosting will provide a default operating system installation on the dedicated server hardware that permits super-user server access to our support staff. Subscriber agrees and acknowledges that if Subscriber alters or removes this server access, Baytech Hosting’s ability to provide technical support to the Subscriber may be severely limited.
22. Disclaimer
You acknowledge and agree that your use of the Services, including any information or content obtained through the Services, is at your own risk. You further acknowledge and agree that Baytech Hosting exercises no control over, and accepts no responsibility for, the content of the information passing through Baytech Hosting’s host computers, network hubs and points of presence or the Internet.
23. Limited Warranty
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” BAYTECH HOSTING AND ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS (COLLECTIVELY, THE “BAYTECH HOSTING PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. THE BAYTECH HOSTING PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. THE BAYTECH HOSTING PARTIES ARE NOT LIABLE, AND EXPRESSLY DISCLAIM ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM SUBSCRIBERS OR STORED BY SUBSCRIBERS ON OR THROUGH THE SERVICES. NO ADVICE OR INFORMATION GIVEN BY BAYTECH HOSTING OR BAYTECH HOSTING’S REPRESENTATIVES, INCLUDING, WITHOUT LIMITATION, SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. BAYTECH HOSTING DOES NOT GUARANTEE THAT SUBSCRIBERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. BAYTECH HOSTING DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD-PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR BAYTECH HOSTING IN PARTICULAR. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
24. Limitation of Liability
BAYTECH HOSTING SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT WILL THE BAYTECH HOSTING PARTIES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY SUBSCRIBER CONTENT, SUBSCRIBER WEBSITE, OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF BAYTECH HOSTING IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BAYTECH HOSTING’S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BAYTECH HOSTING FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, BAYTECH HOSTING’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
25. Indemnification
You agree to indemnify, defend, and hold harmless the Baytech Hosting Parties from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Baytech Hosting Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement, or (iii) any of your acts or omissions, except to the extent any of the foregoing directly results from Baytech Hosting’s own gross negligence or willful misconduct. The terms of this section shall survive any termination of this Agreement.
Automattic Services/WordPress Plugins
If you install or use (i) any Automattic product or service, including but not limited to, Baytech Hosting Cloud Hosting Services, or (ii) WordPress plugins operated by WP Manage on your hosting account (including, for example, Jetpack) (collectively, the “Automattic Services”), then you also acknowledge and agree to (1) the WordPress.com Terms of Service located at (https://en.wordpress.com/tos/) which apply to your use of all Automattic products and services; and (2) the Automattic Privacy Policy located at (http://automattic.com/privacy/), including without limitation, Automattic’s collection of data as described therein.
WP Manage
Services
Baytech Hosting’s WP Manage service allows a web professional (the “Web Pro”) to access, manage, and take certain actions in connection with Web Pro’s client’s (the “Client”) WordPress account (the “WP Account”) and/or Client’s hosting account (the “Hosting Account”) through a central dashboard provided by Baytech Hosting (collectively, the “Maestro Services”). Web Pro can only access the Hosting Account if Client is a Baytech Hosting Subscriber. The WP Manage Services enable Web Pro to request access directly from the Client through the use of a unique link provided by Baytech Hosting (the “Link”).
Account Access Terms
WP Account
By clicking on the Link and granting Web Pro access to Client’s WP Account, Client agrees to grant full access to Client’s WordPress Admin area to Web Pro. Granting access to the Client’s WP Account allows Web Pro to have Administrator access to the account and to take all actions on the account, including without limitation, making purchases, viewing and editing content, and managing passwords and login information.
Hosting Account
By clicking on the Link and granting Web Pro access to Client’s Hosting Account, Client agrees to grant Web Pro account management access to Client’s Hosting Account. Granting access to Client’s Hosting Account allows Web Pro to take all administrative actions on the account, including without limitation, managing advanced hosting settings such as databases, FTP, email accounts, and domain settings, but does not allow Web Pro to access any Client billing information or make purchases on the account.
Revoking Access
Client can revoke Web Pro’s access to either its WP Account, Hosting Account, or both at any time through Client’s Baytech Hosting account control panel or Client’s WP Account.
Disclaimer
Baytech Hosting makes no guarantees or representations regarding the skills or actions of WP Manage and specifically disclaims any liability in connection with WP Manage acts or omissions. Client grants WP Manage access to Client’s WP Account and/or Hosting Account in Client’s sole discretion. Web Pros are not contractors, employees, or agents of Baytech Hosting. In the event there is a dispute between Web Pro and Client, the parties must resolve the dispute directly. Baytech Hosting is not responsible for resolving any disputes between the parties.
Termination
In addition to Baytech Hosting’s other termination rights contained in this Agreement, Baytech Hosting may terminate Web Pro’s Maestro Services in the event:
(i) Baytech Hosting discontinues the Maestro Services, or
(ii) Baytech Hosting receives complaints from Web Pro’s Client concerning Web Pro’s use of the Maestro Services.
Indemnification
WP Manage and Client hereby agree to release, indemnify, and hold harmless Baytech Hosting and any of its affiliates, employees, agents, suppliers, and licensors from and against any and all claims arising from Web Pro or Client’s use of the Maestro Services.
29. YouTube API Services
Baytech Hosting uses Google’s YouTube API Services. By using YouTube’s API Services, you agree to YouTube’s Terms of Service and Privacy Policy.
30. Baytech Hosting Cloud Hosting Service Availability
The Baytech Hosting Cloud Hosting Services network, server, and OS will be available 100% (“Service Availability”) of the time in a given month. If we fail to maintain this Service Availability for thirty (30) consecutive minutes at any given time in a particular month, you may contact us within thirty (30) days following the end of the downtime and request a credit of 5% of your monthly Baytech Hosting Cloud Hosting fee for that month. Once we confirm such downtime (as solely determined by us), the credit will be applied to your account. The maximum total credit for a given month shall not exceed 100% of your Baytech Hosting Cloud Hosting Services fee for any given billing period, and any credits that would be available but for this limitation shall not be carried forward to future billing periods.
The Service Availability does not apply to service interruptions caused by:
(1) periodic scheduled maintenance or repairs we may undertake from time to time;
(2) interruptions caused by you from custom scripting, coding, or the installation of third-party applications;
(3) outages that do not affect the appearance of your website but merely affect access to your website such as account manager, FTP, and email;
(4) your breach of the Agreement;
(5) causes beyond our control or that are not reasonably foreseeable; and
(6) outages related to the reliability of certain programming environments.
The Service Availability credit is your sole and exclusive remedy for Baytech Hosting Cloud Hosting Services unavailability.