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Terms of ServiceThe terms you agree to by using BerryByte.UPDATED · APRIL 22, 2023

By accessing and placing an order with BerryByte Limited, you confirm that you are in agreement with and bound by the terms and conditions.

Terms

This Terms of Service ("Agreement") is a legally binding agreement between BerryByte Limited ("BerryByte") and the user of our products and services ("You" or "Client"). By accessing or using our products and services, you agree to be bound by the terms and conditions set forth in this Agreement. If you do not agree to these terms, you may not access or use our products and services. BerryByte reserves the right to modify this Agreement at any time, and it is your responsibility to review this Agreement for any changes. Your continued use of our products and services following the posting of any changes to this Agreement will constitute your acceptance of such changes.

By accepting this Agreement, you also agree to the terms of the Minecraft End User License Agreement (EULA).

Return Policy

BerryByte offers a 48-hour refund policy upon placing your order. To request a refund, you must provide a valid reason for the refund. Refund requests will be processed within 3 days, and the processing time will not be counted as days of used service. Please note that a transaction fee may be charged by the payment processing method. Once the refund is complete, you will not be able to purchase any products from us for 3 days to prevent potential abuse. No refunds will be granted if the request is made after the 48-hour refund period has passed, and does not apply to recurring invoices.

Limitation of Liability & Disclaimer of Warranties

BerryByte is not responsible for any loss of data that may occur. While we do perform regular offsite backups to protect your data, we recommend that you also make your own backups. It is your responsibility to ensure the protection of your data. BerryByte will not be liable for protection or privacy of any content transmitted through any ISP, and/or services our users may use.

SERVICES PROVIDED BY BERRYBYTE ARE OFFERED ON AN "AS IS, AS AVAILABLE" BASIS. BERRYBYTE SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL BERRYBYTE BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, OR INCIDENTAL DAMAGES, EVEN IF BERRYBYTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF BERRYBYTE'S SERVICE TO THE CUSTOMER IS INTERRUPTED OR MALFUNCTIONS FOR ANY REASON, BERRYBYTE SHALL NOT BE RESPONSIBLE FOR ANY INCOME LOSSES DUE TO DISRUPTION OF SERVICE DURING THE PERIOD OF MALFUNCTION OR INTERRUPTION.

Legal Rights

BerryByte reserves the right to refuse service to any individual or entity for any reason. If you have any legal inquiries, please contact [email protected].

Acceptable Use Policy

By using our services, you agree to comply with all laws and to refrain from any illegal or abusive activities, including but not limited to:

  • DDoS
  • Port Scanning
  • Crypto Mining
  • Bruteforcing
  • Operating Tor exit nodes on our systems
  • Intentionally disrupting BerryByte's network or harming our customers.

We reserve the right to suspend or terminate your service if we determine that your service is being used for any of the aforementioned activities.

Some of our VPS plans offer Fair-usage Bandwidth, subject to a soft-limit of 15TB. Additional bandwidth (given in 5TB increments) may be requested at no additional cost, provided that you can justify the need for it. However, BerryByte reserves the right to restrict a user's bandwidth usage if it has a detrimental effect on our network. In the case of services demanding substantial bandwidth, customized pricing for the traffic may be negotiated upon agreement.

Our VPS Elder plans offer 10Gbps uplinks, allowing the utilization of the uplink in accordance with their allocated bandwidth. Please note that abuse of this uplink may result in suspension or reduction of network speeds without notice.

Chargebacks

Any chargebacks or reversed transactions on your invoices will result in the immediate termination of your account and a ban on the use of our services.

Cancellations & Suspensions

If payment is not received within 48 hours of the invoice being issued, your service will be suspended. After suspension, a 10% late fee may be applied to the invoice. If payment is not received within 2 weeks of the invoice being issued, your files and service may be removed from our system.

Your data

BerryByte is not responsible for the content that clients store on our systems. If we detect any illegal material, abusive, or stolen software on our systems, we reserve the right to terminate the service without notice. In such cases, we are not obligated to offer a refund.