Terms of Service

These terms govern the services provided by ByteFortress Technologies LLC, located at 531 Fort Riley Blvd, Manhattan, Kansas hereinafter known as "Provider"; you and/or your organization hereinafter known as "Client"; and the responsibilities of each. This agreement is governed by the State of Kansas, United States of America. You hereby consent to the exclusive jurisdiction and venue of courts in Riley County, Kansas, U.S.A. in all disputes arising out of or relating to the use of Provider's services, software or website.

Client agrees that by placing an order by means of electronic ordering (internet-based order form) that you are agreeing to Provider's General Terms of Service and AUP located at http://www.bytefortress.net/legal.html. No Modifications of said contract by Client will be permitted.

Provider will provide, and Client will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Client acknowledges that the service and service fees have been communicated to the Client, and that they are aware of all applicable charges as per Client's completed order form and Provider's published Service Level Agreement and General Terms of Service.

Payment:
Establishment of this service is contingent upon receipt of payment from Client to Provider. The first payment is to be pro-rated to the 1st of the following month using the following guidelines of prorating methodology: (total monthly fees divided by 30) * number of days to monthly recurring billing cycle. Subsequent payments are due on the 1st of each month. Invoices for the coming month's charges will be sent out via email on the 20th of the previous month. Any additional services relative to an established account will be prorated to the Client's monthly recurring billing date of the 1st. Any setup fees, if applicable, will be applied at time of initial request of such services.

Payments and Fees:
Payment is due on the 1st of each month. Client's payment method will be automatically debited on the monthly recurring billing date. If credit card is declined, Client's credit card will be charged again after 3 days. If credit card is declined a second time, Client's credit card will be charged a third time 5 days past payment Due Date. Service will be interrupted on accounts that reach 5 days past due. Service interrupted for nonpayment is subject to a 25 USD ($25.00) reconnection fee. Client is responsible for any fees that Provider may incur related to the declining of your credit card or non sufficient funds fees if paying by check. Accounts that are not collectable by Provider after 3 months may be turned over to an outside agency for collection, if Provider so chooses. If Client's account is turned over for collection, Client agrees to pay Provider a "Processing and Collection" Fee of not less than Fifty USD ($50.00) nor more than One Hundred USD ($100.00)

Delinquent Accounts:
Provider may temporarily suspend and/or terminate account upon failure of Client to pay charges when due. Such termination or denial will not relieve Client of responsibility for the payment of all accrued service fees, or any collection fees if applicable.

Account Cancellation:
All requests for canceling contract for services must be made by Client in writing, submitted via fax or e-mail with at least 30 days notice. Confirmation of cancellation will be sent within 24 hours of our normal sales hours of 9AM to 5PM EST Monday - Friday. Please retain your cancellation confirmation in electronic and hard copy, as this is the proof you have submitted and have been confirmed for cancellation.

Refunds and Disputes:
Provider offers a 100% Satisfaction Guarantee. If you are unhappy with our services, please contact us at accounting@bytefortress.net to discuss a partial or full refund. All payments to Provider are nonrefundable after 30 days. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within 30 days of the time the disputed charge occurred. Disputed charges to Client's credit card issuer, also known as 'Charge-backs', will result in immediate account termination, and will require payment of any applicable fees to restore service. Provider may also reserve the right to require payment via a method other than credit card. By agreeing to and accepting compensation from Provider, Client terminates the right to bring charges in any court of law against Provider, and agrees to refrain from any defamation, libelous, or slanderous behavior via any electronic or verbal means.

Software:

Software (if any) that is made available to download from this Web site (" Software") is the copyrighted work of ByteFortress Technologies LLC and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, ByteFortress Technologies LLC hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using this Web site in accordance with these terms and conditions, and for no other purpose. Please note that all Software, including without limitation all HTML code and Active X controls contained in this Web site, is owned by ByteFortress Technologies LLC and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions

Liability Disclaimer:

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BYTEFORTRESS TECHNOLOGIES LLC AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME. THIS WEB SITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME DUE TO REQUIRED MAINTENANCE, TELECOMMUNICATIONS INTERRUPTIONS, OR OTHER DISRUPTIONS.

BYTEFORTRESS TECHNOLOGIES LLC AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BYTEFORTRESS TECHNOLOGIES LLC AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND AVAILABILITY. IN NO EVENT SHALL BYTEFORTRESS TECHNOLOGIES LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF BYTEFORTRESS TECHNOLOGIES LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU

Acceptable Usage Policy (AUP)

This Acceptable Use Policy outlines the authorized and unauthorized activities that our Client's may participate in while using the services provided by ByteFortress Technologies, LLC. ByteFortress Technologies LLC, located at 531 Fort Riley Blvd, Manhattan, Kansas will hereinafter be known as "Provider"; You and/or your organization will hereinafter be known as "Client". This agreement is governed by the State of Kansas, United States of America. You hereby consent to the exclusive jurisdiction and venue of courts in Riley County, Kansas, U.S.A. in all disputes arising out of or relating to the use of Provider's services, software or website.

Monitoring of Content and Activities

Provider does not actively monitor or police any content contained in or customer activity performed on our servers, and does not accept the responsibility to undertake such content monitoring, nor do we accept responsibility for misuse of our systems by customers or other individuals.

Cooperation with Law Enforcement

Provider reserves the right to respond to reports of violations to our Acceptable Use Policy. Provider will comply fully with all Local, State and Federal law enforcement investigations involving customers or their content with no prior notification to the customer. Such investigations may include, but are not limited to, formal or informal request(s) from a law enforcement or government agency regarding a civil or criminal matter, and any and all subpoenas.

Prohibited Content and Usage:

Client may not use Provider's services for the following purposes. Violation of these prohibited usage terms may result in immediate account suspension or termination;

- Distribution of Child Pornography or other materials encouraging the production, distribution or consumption of Child Pornography

- Unsolicited E-Mail aka SPAM/Bulk E-Mailing

- Traffic monitoring of any network or system without written permission from the system or network owner.

- Unauthorized and/or illegal use of Provider's network which may include; Network Flooding, Mail Bombing, DoS attack, DDoS attack, Phishing, Port Scanning, and any type of Security Breaching or Vulnerability testing.

Copyright Infringement Notice (Digital Millennium Copyright Act)
If you believe your copyright is being infringed by a customer of ByteFortress Technologies LLC using our network, please send your written notice of copyright infringement to:

James Lund
ByteFortress Technologies, LLC
531 Fort Riley Blvd, Manhattan, KS  66502
support@bytefortress.net

Your notice must include the following:

- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;

- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ByteFortress Technologies, LLC to locate the material;

- Information reasonably sufficient to permit ByteFortress Technologies, LLC to contact you, such as an address, telephone number, and, if available, an e-mail address;

- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner's agent, or the law;

- A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed