ACCEPTANCE OF TERMS
Your access to and use of abytech.com (the “Website”) and any Services referred to in Clause 2, is subject
prohibited by these TOU. By using the Website/Services you are fully accepting the terms, conditions and disclaimers
contained in this notice. If you do not accept these TOU you must immediately stop using the Website/Services.
We reserve the right to update or amend these TOU at any time and your continued use of the Website/Services
following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to
bottom of our web pages.
The Website may provide a variety of resources such as e-mail, forums, downloads, tools, cloud solutions and
product information (collectively “Services”) designed to assist you and to enable you to communicate with us and/or
other visitors to the Website. Unless stated otherwise the Services are for your personal and non-commercial use
USER ACCOUNT, PASSWORD AND SECURITY
If a particular Service requires you to open an account you will be required to complete the registration process by
providing certain information and registering a username and password for use with that Service.
You are responsible for maintaining the confidentiality of the username and password and also for all activities
which take place under your account. You agree to immediately notify us of any unauthorised use of your password
or account or any other breach of security.
In no event will the Website be liable for any indirect or consequential loss or damage whatsoever resulting from
the disclosure of your username and/or password.
You may not use another person account at any time, without the express permission of the account holder and
You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound,
illustrations and other materials (“the Content”), whether posted publicly or transmitted privately, are the sole
responsibility of the person from whom such Content originated. ; We do not control or endorse the Content and
cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services
you may be exposed to Content that is offensive and/or indecent. The Website will not be liable in any way for any
Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and
you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or
completeness of such Content.
In using the Website/Services/Servers/Cloud Servers/Virtual Private Servers (VPS) you agree not to:
use the Services/Servers/Cloud Servers/Virtual Private Servers (VPS) to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
impersonate any person or entity for the purpose of misleading others;
violate any applicable laws or regulations;
use the Website/Services/Servers in any manner that could damage, disable, overburden or impair the
Website/Services or interfere with any other party’s use and enjoyment of the Website/Services/Servers;
post, publish, distribute or disseminate material or information that you do not have a right to transmit under any
law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in
the course of employment or under a confidentiality agreement);
attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks
connected to the Website/Services through hacking, password mining or any other means.
any other abusive services causing disruption in our operations (including inbound and outbound attacks / etc.)
We have no obligation to monitor the Services but shall be entitled to review materials posted to a
communications facility and, at our sole discretion, to remove any material that breaches these TOU or is otherwise
We have the right to terminate your access to any or all of the Services at any time, without notice, for any reason,
including without limitation, breach of these TOU. We may also at any time, at our sole discretion, discontinue the
Website/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any
third party for any termination of your access to the Website/Services.
LINKS TO THIRD PARTY WEBSITES
The Website/Services may include links to third party websites that are controlled and maintained by others. Any link
to other websites is not an endorsement of such websites and you acknowledge and agree that the Website is not
responsible for the content or availability of any such sites. If you are unhappy with the content of a website that the
Website links to please contact that website directly.
The subscriber is responsible for keeping a complete and current copy of their website files as a backup on a remote
system (not solely on ABYTECH servers). ABYTECH is NOT RESPONSIBLE for any lost files, information or data.
Although ABYTECH backups may include subscriber sites and information for disaster recovery purposes, these
backups are not to be relied on by the subscriber. ABYTECH does not guarantee to possess the most current copy of
a subscriber’s website in its own backups. In the event of accidently deleting the data, ABYTECH may be providing
you with the files from the back up at an additional charge.
You agree to comply with all applicable laws regarding the transmission of technical data exported from the country
in which you reside and with all local laws and rules regarding acceptable use of and conduct on the Internet.
INTELLECTUAL PROPERTY RIGHTS
The Website and its content (including without limitation the Website design, text, graphics and all software and
source codes connected with the Website and the Services) are protected by copyright, trade marks, patents and
other intellectual property rights and laws. In accessing the Website you agree that you will access the contents
solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced,
transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the
downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
The Website does not claim ownership of any materials you post, upload or submit to any publicly accessible area
of the Services. However, by doing so you are granting us a world-wide, royalty free, non-exclusive licence to copy,
distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to
display such Content via the Services. The licence shall be terminated when such Content is deleted from the
You agree to indemnify and hold the Website harmless from and against any breach by you of these TOU and any
claim or demand brought against the Website by any third party arising out of your use of the Services and/or any
Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions,
proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever
suffered or incurred by the Website in consequence of your breach of these TOU.
ABYTECH reserves the right to suspend/terminate client’s account if the client engages in any abusive behaviour
which includes making threat, using derogatory or abusive language or complaining against ABYTECH or its staff
billing or making any public defamatory remarks on forums/blogs/websites.
DISCLAIMERS AND LIMITATION OF LIABILITY
Use of the Website/Services is at your own risk. The Website/Services are provided on an “AS IS” and “AS
AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether
express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular
purpose, non-infringement, compatibility, security and accuracy.
To the extent permitted by law, the Website will not be liable for any indirect or consequential loss or damage
whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection
with the use of the Website/Services.
The Website makes no warranty that the Website/Services will meet your requirements, that Content will be
accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will
be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else
which may be harmful or destructive.
Nothing in these TOU shall be construed so as to exclude or limit the liability of the Website for death or personal
injury as a result of the negligence of the Website.
Nothing in these TOU shall affect your statutory rights as a consumer.
BANDWIDTH FAIR USAGE POLICY
ABYTECH provides unmetered data on Cloud Server plans which offer generous fair use data transfer. Data transfer
covers bandwidth usage per server with up to 1000GB (1TB) of data transfer per month use without any additional
Customers will receive a notice warning upon reaching 75% of their allowance. Usage beyond this limit will incur a
charge mentioned on our shopping cart. Please contact our Support Desk should you wish to purchase an additional
Should ABYTECH deem a customer’s account as exceeding fair use bandwidth consumption which causes
interference with other users, ABYTECH will notify the customer and allow the customer to remedy the problem.
However, should a customers’ bandwidth usage be significantly greater than fair use, ABYTECH reserves the right to
suspend the customers account where appropriate.
If any of these TOU should be determined to be invalid, illegal or unenforceable for any reason by any court of
competent jurisdiction then such Term or Condition shall be severed and the remaining TOU shall survive and remain
in full force and effect and continue to be binding and enforceable.