By obtaining a service or product with TRexByte (We, Us, Our, TRexByte.net, J2P LLC), you (Client, User) agree to all the terms listed here along with the Acceptable Use Policy. The interpretation of these guidelines is at the sole discretion of TRexByte.
ACCOUNT INFORMATION
It is your responsibility to ensure your account information on file is current or up to date at all times. Providing false information of any kind may result in the termination of your account.
CLIENT DATA AND BACKUPS
You agree to take full responsibility for files transferred and maintain proper backups of all data. Backups are not guaranteed and are not performed on all services.
SUPPORT AND SERVICE LEVEL AGREEMENTS
We do not provide 24x7 support and all tickets are handled on a best effort basis as quickly as possible. We do not offer any service level or response time guarantees.
PROHIBITED USAGE FOR ALL SERVICES
1. Transmission, distribution, or storage of any material in violation of any applicable law or regulation is prohibited.
2. Sending or utilizing Unsolicited Bulk Email ("UBE", "spam") or running Unconfirmed Mailing Lists (must be "confirmed opt-in").
3. Advertising or providing any product or service that is designed to violate the terms or licenses of any company.
4. Operating on behalf of or providing access to any entities listed in the Spamhaus Register of Known Spam Operations(ROKSO) database.
5. Unauthorized attempts by a user to gain access to any account or computer resource.
6. Obtaining or attempting to obtain service by any means with intent to avoid payment.
7. Unauthorized access, alteration, destruction, or any attempt thereof, of any information or data of any person or company by any means.
8. Knowingly engage in any activities designed to harass or cause a denial-of-service to any other person or company regardless of network.
9. Using TRexByte's Services to interfere with the use of TRexByte or any other network.
10. Containing or linking to content that TRexByte considers illegal, obscene, insulting, distasteful, or that would make TRexByte a target for attacks, threats, or any other form of negative action.
SHARED HOSTING SPECIFIC
1. You may not run stand-alone, unattended server-side processes at any point in time on the server.
2. You may not provide or operate a free public hosting service unless approval from management for each service.
3. You may not participate in any file-sharing/peer-to-peer activities.
4. You may not run a proxy site (private or public).
5. You may not use our services for file hosting/storage only.
REMEDIATION
If you exceed or abuse the resources provided for your service the following action may be taken:
1. An overage or resource usage fee may be issued.
2. Suspension of service (in severe cases termination).
3. Throttling/limiting of resources.
4. Turning off service and notification.
SUSPENSION, CANCELLATION, AND TERMINATION
TRexByte may suspend or block access to any services without notice for any of the following reasons:
1. To comply with any law, regulation, court order, government request, or any order requiring immediate action.
2. To prevent interference with, damage to, or degradation of TRexByte's assets.
3. To eliminate a hazardous condition to staff, users, or visitors.
4. Service misuse, fraudulent activity, agreement violation, or any other action that can negatively impact TRexByte's assets, staff, clients, or visitors.
Accounts suspended or terminated by TRexByte may be subject to a Reactivation Fee if eligible to be reactivated.
Accounts in good standing may cancel their accounts at any time. No advanced notice is required.
We reserve the right to delete any data belonging to an inactive account anytime after seven days of non-payment.
RESOURCE USAGE
You agree not to misuse the resources provided to you. We reserve the right to alter our plans and services at any time.
MONEY BACK GUARANTEE
Money Back Guarantee is only for the first 7 days of an active client's account (excluding any additional fees such as domain and license add-ons) and cannot be used if a client leaves TRexByte and returns at a later date without prior approval.
Guarantee is not applicable if you are found in violation of our Terms of Service at any time.
PAYMENTS AND REFUNDS
All payments made are non-refundable outside of the 7 Day Money Back Guarantee.
Opening a payment dispute or chargeback will be considered as an attempt to avoid paying for services provided and result in termination of all services and the client's details being reported to various services for fraudulent activity. Additionally a Returned Payment Fee will be applied to the balance for a debt collection agency to recover.
You must pay the required amount owed on the date your invoice is due, if an invoice is not paid by the due date all services may be suspended until all invoices are paid. If the invoice is unpaid, the service will be automatically terminated and all data will be deleted by our system (including backups) 7 days after the invoice due date.
PRICING AND FEES
TRexByte reserves the right to alter their pricing at any time. Current fees include:
• Reactivation Fee - $5
• Resource Usage Fee - $5
• Web Hosting Overage Fee - $5 per GB
• Advanced Technical Support Fee - $25 per hour (minimum 1 hour if support staff is available)
• Returned Payment Fee - $35 per chargeback/dispute
INDEMNIFICATION
You agree that you shall defend, indemnify, save and hold TRexByte harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against TRexByte, its agents, its clients, officers, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by client, its agents, employees or assigns. You agree to defend, indemnify and hold harmless TRexByte against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with TRexByte; (2) any material supplied by clients infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from TRexByte's servers.
THIRD PARTY PRODUCTS
Any merchandise products or services available to users or members from links from this web site are provided by third parties who are not necessarily affiliated or connected with TRexByte. To the fullest extent permissible by law, TRexByte excludes all liability under any circumstances (including negligence) for any special or consequential damages that result from the use of, or the inability to use, the materials on this site. Applicable laws may not apply to all those who access the web site.
DISCLAIMER
TRexByte will not be responsible for any damages you or your business may suffer. TRexByte makes no warranties or guarantees of any kind, expressed or implied for services or products we provide. TRexByte disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by TRexByte and its employees.
This agreement will be construed and enforced in accordance with the laws of the State of Florida and the venue for any action, dispute or proceeding with respect to this agreement will be Pinellas County, Florida.
TRexByte reserves the right to take any action necessary to safeguard its staff, clients, property, and other investments.
COMMUNICATIONS
During the course of any communication with staff or other members, you must make all attempts to remain professional and respectful. Violation of this regardless of the chat medium used may result in termination of your account.
ADDITIONAL TERMS
You agree to follow any guidelines, rules, requirements, or restrictions listed within our website, e-mails, or any other document or communication we provide and maintain.
CLIENT RESPONSIBILITY
Each TRexByte client is responsible for all of the actions performed by their account and, by accepting service from TRexByte, is agreeing to ensure that its customers, representatives, or end-users abide by this Terms of Service.
ALTERING TERMS OF SERVICE
TRexByte reserves the right to alter the Terms of Service at anytime without prior notice. Continuation of service or account usage after the revised Terms of Service has been available will constitute an agreement to follow the updated Terms of Service. If at any time you feel you are unable to agree to our terms please contact us immediately.
Privacy Policy
Your personal information will always remain private as long as all agreements remain valid. We will never sell or share your personal information with any other person or company for our benefit except where outlined below.
• We will always assist with government, law enforcement, and other legal requests.
• We utilize 3rd parties for payment processing, fraud checking and reporting, and other screening methods to verify client information and for security.
• We may need to provide client details to 3rd parties to allow continuation of business such as IP justification forms, lists of client names, or other information that is required by companies that we rely on to provide our services.
• All files uploaded to our servers are subject to examination by automated systems and staff to ensure the safety and security of our staff, clients, and property.
• By ordering our services or products you agree to receive e-mails from us including, but not limited to, newsletters, announcements, specials, contests, and other information. You are unable to opt-out of announcements relating to your service or account related e-mails.
• All communication between us and non-clients (those without an active, paid service) may be shared at our discretion unless the communication is prefaced with a written request to remain confidential.
We comply with the CAN-SPAM Act of 2003.
