Terms of Service

1. Definitions

2. Service Description and Scope

2.1 Services Provided: Valebyte provides infrastructure hosting services including:

• ▸Dedicated Servers: Bare-metal server infrastructure in 120+ global locations
• ▸Virtual Private Servers (VPS): Virtualized computing resources with guaranteed resources
• ▸Cloud Infrastructure: Scalable cloud computing resources and storage
• ▸GPU Servers: High-performance computing with dedicated GPU resources
• ▸Managed Services: Optional server management, monitoring, and support services
• ▸Additional Services: DDoS protection, backup solutions, additional IP addresses, bandwidth

2.2 Service Limitations:

• • Services are provided on an "as-is" and "as-available" basis
• • We reserve the right to modify, suspend, or discontinue any Service with 30 days' notice
• • Resource limitations (CPU, RAM, bandwidth, storage) are defined in your specific service plan
• • We do not guarantee uninterrupted service; planned maintenance will be scheduled with advance notice

3. Account Registration and Client Obligations

3.1 Account Registration:

• • You must provide accurate, current, and complete information during registration
• • You must be at least 18 years old or the age of majority in your jurisdiction
• • Business accounts must be registered by an authorized representative
• • You are responsible for maintaining the confidentiality of your account credentials
• • You must immediately notify us of any unauthorized access to your account

3.2 Identity Verification:

We reserve the right to request identity verification documents (government-issued ID, business registration, proof of address) to prevent fraud and comply with legal obligations. Failure to provide requested documentation may result in service suspension.

3.3 Account Security:

• • You are solely responsible for all activities under your account
• • Use strong passwords and enable two-factor authentication (2FA)
• • Do not share account credentials with third parties
• • Valebyte is not liable for losses resulting from unauthorized account access

4. Acceptable Use Policy

4.1 Illegal Content and Activities:

4.2 Malicious Activities and Network Abuse:

4.3 Spam and Unsolicited Communications:

4.4 Resource Abuse:

• • Cryptocurrency mining without prior written authorization (dedicated servers may be used for mining with explicit approval)
• • Excessive CPU, RAM, or bandwidth usage that degrades service for other customers (shared environments)
• • Running processes that circumvent resource limitations or abuse "unlimited" service features
• • Using services as a proxy, VPN, or Tor exit node without authorization

4.5 Intellectual Property Violations:

• • Hosting counterfeit goods or trademark infringement
• • Warez sites, torrent trackers, or P2P file-sharing of copyrighted content
• • Streaming pirated movies, TV shows, sports, or premium content
• • IPTV services distributing copyrighted content without licenses

4.6 Harassment and Harmful Content:

• • Hate speech, discrimination, or content promoting violence based on race, religion, gender, sexual orientation, or nationality
• • Doxxing, stalking, or harassment of individuals
• • Revenge porn or non-consensual intimate images
• • Content glorifying self-harm, suicide, or eating disorders

4.7 Prohibited Industries and Services:

• • Adult content involving minors or non-consensual material (legal adult content may be permitted with restrictions - contact compliance)
• • Online gambling and betting services without proper licensing
• • Multi-level marketing (MLM) schemes
• • Fake news websites designed to spread disinformation
• • Services facilitating academic dishonesty (essay mills, exam cheating)

5. Consequences of Violations

5.1 Enforcement Actions:

Upon detection of AUP violations, we reserve the right to take immediate action without prior notice, including:

• • Content removal or account suspension
• • Service termination without refund
• • Network access restriction or IP address blocking
• • Cooperation with law enforcement authorities
• • Legal action to recover damages and costs

5.2 No Refunds for Violations:

Services terminated due to AUP violations are not eligible for refunds. You remain liable for all fees incurred prior to termination.

5.3 Legal Reporting Obligations:

We are legally required to report certain activities (CSAM, terrorism, human trafficking) to appropriate authorities. We will cooperate fully with law enforcement investigations and provide relevant data as required by law.

6. Disclaimer of Warranties

• • Warranties of merchantability, fitness for a particular purpose, and non-infringement
• • Warranties regarding service availability, uptime, or uninterrupted access (except as specified in SLA)
• • Warranties that services will meet your specific requirements or expectations
• • Warranties regarding the security, accuracy, or reliability of your data
• • Warranties that defects or errors will be corrected

6.1 No Responsibility for Client Data:

You are solely responsible for backing up your data. While we implement industry-standard security measures, we do not guarantee the security, integrity, or availability of your data. We are not responsible for data loss, corruption, or unauthorized access resulting from service malfunctions, security breaches, or force majeure events.

6.2 Third-Party Services:

Our services may integrate with or rely on third-party infrastructure, software, or networks. We are not responsible for the performance, availability, or security of third-party services.

7. Limitation of Liability

7.1 Exclusion of Consequential Damages:

IN NO EVENT SHALL VALEBYTE BE LIABLE FOR:

• • Indirect, incidental, special, consequential, or punitive damages
• • Loss of profits, revenue, data, business opportunities, or goodwill
• • Business interruption or service downtime costs
• • Cost of substitute services or procurement
• • Damages resulting from unauthorized access to your account or data
• • Damages resulting from your violation of these Terms or applicable laws

7.2 Force Majeure:

We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, war, terrorism, pandemics, government actions, labor disputes, internet disruptions, power outages, or failures of third-party infrastructure providers.

8. Indemnification

You agree to indemnify, defend, and hold harmless Valebyte, its officers, directors, employees, agents, and partners from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to:

• • Your use or misuse of the Services
• • Your violation of these Terms, AUP, or applicable laws
• • Your Client Data or activities conducted using the Services
• • Infringement of intellectual property or privacy rights of third parties
• • Claims by third parties related to your use of the Services

9. Payment Terms and Billing

9.1 Fees and Pricing:

• • All fees are quoted in USD unless otherwise specified
• • Prices are subject to change with 30 days' notice for new billing cycles
• • Existing contracts will honor pricing for the contracted term
• • Setup fees, if applicable, are non-refundable

9.2 Billing Cycles:

• • Services are billed monthly, quarterly, semi-annually, or annually in advance
• • Automatic renewal is enabled by default unless canceled 3 days before renewal
• • Usage-based services (bandwidth overages, additional resources) are billed monthly in arrears

9.3 Payment Methods:

• • Accepted: Credit/debit cards, PayPal, cryptocurrency, bank transfer (for invoices >$500)
• • Failed payments may result in service suspension after 3 days
• • Services suspended for non-payment for 7 days may be terminated and data deleted

9.4 Refund Policy:

• • 7-day money-back guarantee for first-time customers (dedicated servers and VPS only)
• • Refunds exclude setup fees, domain registrations, SSL certificates, and licenses
• • No refunds for violations of AUP or ToS
• • No refunds after the initial 7-day period except for SLA credit eligibility
• • Refunds processed within 5-10 business days to original payment method

9.5 Taxes:

Prices do not include applicable taxes (VAT, GST, sales tax). You are responsible for all taxes based on your jurisdiction. Tax-exempt entities must provide valid documentation.

10. Service Suspension and Termination

10.1 Suspension by Valebyte:

We may immediately suspend your services without notice if:

• • You violate these Terms or AUP
• • Your account has overdue payments
• • We receive legal orders or abuse complaints requiring immediate action
• • Your activities threaten the security or stability of our infrastructure
• • We detect abnormal resource usage or security incidents

10.2 Termination by Client:

• • You may cancel services at any time via your account panel
• • Cancellation must occur at least 3 days before renewal to avoid charges
• • No partial refunds for early termination of prepaid services
• • Data will be retained for 7 days after cancellation, then permanently deleted

10.3 Termination by Valebyte:

We reserve the right to terminate services with 30 days' notice for any reason, or immediately without notice for AUP violations, illegal activities, or non-payment. Upon termination, all data will be permanently deleted.

11. Data Privacy and Security

11.1 Privacy Policy:

Our collection, use, and protection of personal data is governed by our Privacy Policy (valebyte.com/privacy), which is incorporated into these Terms by reference. By using our Services, you consent to our data practices.

11.2 GDPR Compliance:

For clients in the European Economic Area (EEA), we comply with GDPR. You have rights to access, rectify, delete, and port your personal data. Contact privacy@valebyte.com to exercise these rights.

11.3 Data Processing Agreement:

If you process personal data of EU residents using our Services, a Data Processing Agreement (DPA) is available upon request to ensure GDPR compliance.

11.4 Security Measures:

• • We implement industry-standard security controls (encryption, firewalls, access controls)
• • However, no system is 100% secure; you acknowledge inherent risks of internet-based services
• • You are responsible for securing your own applications, passwords, and access credentials

12. Intellectual Property Rights

12.1 Valebyte IP:

All rights, title, and interest in the Valebyte platform, website, control panel, documentation, logos, trademarks, and proprietary technology remain the exclusive property of Valebyte. You may not copy, modify, reverse-engineer, or create derivative works without written permission.

12.2 Client Data Ownership:

You retain all ownership rights to your Client Data. By using our Services, you grant us a limited license to host, store, and process your data solely to provide the Services.

12.3 DMCA Compliance:

We comply with the Digital Millennium Copyright Act (DMCA). If you believe content hosted on our platform infringes your copyright, submit a DMCA notice to legal@valebyte.com with required information. Repeat infringers will have their accounts terminated.

13. Dispute Resolution and Governing Law

13.1 Governing Law:

These Terms shall be governed by and construed in accordance with the laws of [YOUR JURISDICTION], without regard to conflict of law principles.

13.2 Arbitration Agreement:

Any dispute arising from these Terms shall be resolved through binding arbitration in accordance with [ARBITRATION RULES], rather than in court. The arbitration shall be conducted in [LOCATION], and judgment on the award may be entered in any court of competent jurisdiction.

13.3 Class Action Waiver:

You agree to resolve disputes individually and waive the right to participate in class action lawsuits or class-wide arbitration.

13.4 Exceptions to Arbitration:

Either party may seek injunctive relief or enforcement of intellectual property rights in court without arbitration.

14. Miscellaneous Provisions

14.1 Entire Agreement:

These Terms, together with our Privacy Policy, AUP, and SLA, constitute the entire agreement between you and Valebyte, superseding all prior agreements and understandings.

14.2 Modifications:

We reserve the right to modify these Terms at any time. Material changes will be communicated via email 30 days in advance. Continued use of Services after changes take effect constitutes acceptance.

14.3 Severability:

If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14.4 No Waiver:

Failure to enforce any provision does not constitute a waiver of that provision or any other provision.

14.5 Assignment:

You may not assign or transfer these Terms without our written consent. We may assign these Terms to affiliates or successors without restriction.

14.6 Survival:

Provisions regarding payment obligations, warranties, liability limitations, indemnification, and dispute resolution shall survive termination of these Terms.

15. Contact Information

For questions, concerns, or notices regarding these Terms of Service, please contact us: