Mr. Bits & Bytes primary objective is to value and support our clients wherever, whenever and however possible. Our staff will provide the highest level of attention and dedication to all of our clients.

In pursuit of our primary objective, Mr. Bits & bytes agrees to deliver the agreed upon services, as declared in our proposals, to our customers at the time of purchase, subject to the following Copyright, Privacy and Terms of Services (hereafter referred to as TOS).

In addition, the use of Mr. Bits & Bytes service(s) by a client constitutes an unconditional acceptance of and agreement to Mr. Bits & Bytes Policies. Mr. Bits & Bytes reserves the right to change or modify these Policies at any time without notice.

Copyright Notice     Privacy Policy     TOS Policy

OUR TERMS OF SERVICES

I. Prohibition of Adult Content

Clients of Mr. Bits & Bytes services are prohibited from storing or posting adult content, or links to adult content, through the subscribed service. All material of pornographic nature is considered adult content. Online image galleries whose primary purpose is the public display of fine art or artistic mediums are not considered to be adult content.

II. "Fair-Use" Resource Assignment
Mr. Bits & Bytes offers unlimited disk space and unlimited other resources, such as email or FTP accounts, or a great amount of each one of these resources with certain plans. The intention of Mr. Bits & Bytes is to provide a large amount of space and resources for our customer's convenience of not having to worry about disk space or resource allotments. These resource and disk space allotments are optimized and dedicated towards serving web documents and self-need email / FTP services and are not to be used as offsite storage area for electronic files, or as a provisioning service for third party email or FTP hosts. All your downloadable files or files stored on the server have to be available for download via a HTML document stored on the Internet in a publicly or privately accessible area. This policy only applies to web sites who are considered to be abusive in service, disk space or resource consumption and where it is evident that the "fair-use" of resources among customers has been breached, particularly in regards to disk space utilization. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the sole discretion of Mr. Bits & Bytes. If a "Fair-Use" breach occurs, Mr. Bits & Bytes may have to remove files from the client's account in order to restore full serviceability to other clients affected by the breach. In any case, the client will be notified of any actions that Mr. Bits & Bytes may have to take.

III. Spam and Unsolicited Commercial Email (UCE)
Mr. Bits & Bytes takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM through our network and services. Customers of Mr. Bits & Bytes may not use, or permit others to use, our network to partake in UCE distribution. Customers of Mr. Bits & Bytes may not host or permit hosting of sites or information that is advertised by UCE from other networks.
 

Upon notification of an alleged violation of our SPAM policy, Mr. Bits & Bytes will initiate an immediate investigation. During the investigation, Mr. Bits & Bytes may restrict customer access to the network to prevent further violations. Client will thereafter be advised of the situation. If a client is found to be in violation of this TOS, Mr. Bits & Bytes may, at its sole discretion, unilaterally restrict, suspend or terminate the violating customer's account. Further, Mr. Bits & Bytes reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Mr. Bits & Bytes will notify law enforcement officials if the violation is believed to be a criminal offense.

IV. Payment
Establishment of this service is dependent upon receipt of payment of stated charges by Mr. Bits & Bytes. Subsequent payments are due on the anniversary date of the month for that month's service or whichever is the selected billing cycle.
 

V. Failure to Pay
Mr. Bits & Bytes may temporarily deny or terminate service upon the failure of the client to pay the charges when due. Such termination or denial will not relieve the client of responsibility for the payment of all accrued charges and any collection fees.
 

VI. Account Cancellation
A client may cancel his account with a 30 day notice of cancellation by email or written letter.  If requesting a cancellation, we ask that client briefly explain the reasons for doing so, as well as any suggestions on how Mr. Bits & Bytes could improve service. The cancellation will take effect immediately and the client’s account will remain active until the end of the subscription. Account resumption is possible by email and telephone confirmation, in case you should re-decide.
 

VII. Change of Nameservers
In cases of new hosting accounts or additions / modifications to hosted domain names or any other cases which involve the change of nameservers of a domain from other DNS servers to Mr. Bits & Bytes DNS servers, there may occasionally be a delay of several days, weeks or longer depending on the accessibility of control options at the respective registrar of the domain name registration. It is possible that if the registrar (or the entity having control over the domain registration) is not cooperative, the domain nameservers can not be changed at all. Due to the unpredictable nature of the nameserver change process, no guarantees are made regarding the amount of time a specific change may take. On customer request, nameserver change of domain names is done by Mr. Bits & Bytes on behalf of the account holder. In such cases, a successful change of nameservers cannot be guaranteed in any way or fashion as it solely depends on the accessibility or cooperation by the domain name registration’s registrar.
 

VIII. IP Address Ownership
If Mr. Bits & Bytes Subsidiary assigns a client an IP address for use with the subscription, the right to use that IP address shall belong only to Mr. Bits & Bytes Subsidiary and the client shall have no right to use that IP address except as permitted by Mr. Bits & Bytes. Mr. Bits & Bytes Subsidiary shall maintain and control ownership of all IP numbers and addresses that may be assigned to clients by Mr. Bits & Bytes. Mr. Bits & Bytes and their Subsidiaries reserves the right to change or remove all such IP numbers and addresses in its sole and absolute discretion, at any time.
 

IX. Notification of Violation
Mr. Bits & Bytes is under no obligation or duty to constantly view each client's activities to determine if a violation of this TOS has occurred. Accordingly, we do not assume any responsibility through our TOS to monitor or police Internet-related activities. Mr. Bits & Bytes will only investigate suspicious activities if they are deemed to violate this agreement or to harm any part of the services, network or other clients. If a client is found to be in violation, the following steps are taken:

1. First violation: Any Client, which Mr. Bits & Bytes determines to have violated any element of this TOS shall receive an email warning them of the violation. Client’s service is subject to a temporary suspension at Mr. Bits & Bytes's discretion pending a client's agreement in writing to refrain from any further violations.

2. Second violation: Clients, whom Mr. Bits & Bytes determines to have committed a second violation of any element of this TOS shall be subject to immediate suspension or termination of service without further notice.

NOTE: Mr. Bits & Bytes reserves the right to drop the section of IP space involved in SPAM or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contacting the client. Mr. Bits & Bytes will contact the client as soon as it is feasible.

X. Suspension of Service or Cancellation
Mr. Bits & Bytes reserves the right to suspend network access to any client if in the judgment of Mr. Bits & Bytes, the client‘s account is the source or target of a violation of any of the terms of the TOS, or for any other reason which Mr. Bits & Bytes deems necessary.
 

If inappropriate activity is detected, all accounts of the client in question will be deactivated until our investigation is complete. Prior notification to the client is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The client may not be credited for the time the client’s machines were suspended if the client is found to be at fault.

XI. Miscellaneous Provisions
Client must provide Mr. Bits & Bytes real and current contact information at all times. E-mail address, telephone and fax contacts are used, and in that order of preference.

1. Mr. Bits & Bytes takes no responsibility for any material placed on its network by others. Mr. Bits & Bytes is not responsible for the content of any other websites linked to. Links to other sites are provided as Internet navigation tools only. Mr. Bits & Bytes disclaims any responsibility for any inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

2. Mr. Bits & Bytes clients are not permitted to run IRC servers.

XII. Disclosure to Law Enforcement

The TOS specifically prohibits the use of our service for illegal activities. Therefore, client agrees that Mr. Bits & Bytes may disclose any and all client information including assigned IP numbers, account history, account use, etc. to any law enforcement agency that requests such information, provided they posses the proper court-approved warrant, without consent or notification to the client.
 

XIII. Indemnification
Each party (the “Indemnifying Party”) hereby indemnifies the other party (the “Indemnified Party”), its officers, directors, employees and agents, and agrees to defend and hold them harmless from and against any and all liability, damage, loss or expense (including reasonable attorneys fees) arising from any claim, demand, action or proceeding based upon the alleged breach or untruthfulness of any of the Indemnifying Party’s representations or warranties, or incurred in the settlement or avoidance of any such claim, provided, however, that the Indemnified Party shall give prompt notice to the Indemnifying Party of the assertion of any such claims and provided further that Indemnifying Party shall have the right to select counsel and control the defense thereof, subject to right of the Indemnified Party to participate therein.
 

XIV. Severability
If any provision of this TOS shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this TOS is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
 

XV. Applicable Law
This TOS is subject to the governing laws of the State of Missouri. Courts of competent jurisdiction in Jackson, Missouri shall hear and decide any disputes. Mr. Bits & Bytes Subsidiaries is subject to the governing laws of the State of Florida. Courts of competent jurisdiction in Miami, Florida shall hear and decide any of their disputes.