Terms of Service
Ordering our services and accessing your account is deemed acceptance of these Terms & Conditions.
Please note that Eirbyte may terminate your account without notice for any breach of these Terms.
By agreeing to our terms and conditions you are also agreeing to those of the respective domain name registries for any domain names you wish to register, or transfer to Eirbyte.
For the special deal on .party domains starting in May 2015 we will offer the purchaser the domain renewal and full ownership in 2016.
All amounts paid to Eirbyte for domain name purchases are non-refundable unless we cannot, for whatever reason, register the domain for you then we will issue a full refund.
Domain Orders paid by Cheque or Bank Transfer will NOT be processed or Registered until payment is received.
Please note that this can result in your chosen domain being registered by someone else while we await your payment. Your domain is not registered until you receive confirmation of registration.
- You will be responsible for the content of your pages, including obtaining the legal permission for any and all works which they include, and also ensuring that the contents of these pages does not violate Irish, European or International law. Eirbyte shall not be responsible for any illegal or infringing material posted in served websites. Further to this, where a third party confirms illegal activity on a customers served site, Eirbyte may at its sole discretion, contact the customer immediately, and begin an investigation into same. Any and all services may be suspended while this investigation takes place. Eirbyte will make all efforts to conduct any investigation without delay, and will not be responsible or liable for any loss, damage, whether general or consequential caused by same. Where Eirbyte considers material on the site as illegal, defamatory or abusive they shall, at their sole discretion terminate services. Where services are terminated on these grounds, the contract between the parties will be considered to be at an end.
- It is company policy not to allow any ‘hate sites’, or websites which incite hatred, prejudice or discrimination. Where a hosted website is found to be inciting hatred, or engaging in connected discriminatory activates, the offending website will be terminated without any further notice to the customer. Please note that where your service has been terminated, all information, data, etc stored on Eirbyte’s servers will be deleted.
- Your domain remains at all times your property as the registrant and can be transferred away from Eirbyte. at any time at your sole discretion.
- You may not store more data in your account than your allotted server space. Should your storage approach 90% we will endeavour to e-mail a warning and you will have the option to upgrade.
- Your server (inc FTP and Shell access) is for your personal use only. You must not divulge the password to any other person, and you should take reasonable precautions to ensure that it is not discovered by other people. If this is compromised you must take your own appropriate action.
- Data stored on our servers is not guaranteed to be backed up. It is recommended that you keep an independent backup of all data stored on your virtual server or shared hosting account. Eirbyte. accept no responsibility for any loss of data, however incurred.
- It is the Users sole responsibility to keep all files, date, passwords, etc, secure at all times. Further to this, any security applications, or security details of the user, must be kept at the users own risk, and kept up to date, so that protection is afforded for both the User and the Eirbyte. Eirbyte will not be held responsible for damage, loss or injury caused, due to insufficient or out of date security measures held by the User.
- You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we will charge you an additional fee for the overusage, but will not suspend or terminate the account without giving you at least 5 days notice in writing. Unused transfer in one month cannot be carried over to the next month.
- You may not run server processes (e.g.. talkers/IRC Bots) from your virtual server.
- Eirbyte reserve the right to remove any cgi or similar server-side program that interferes in any way with the normal running of a server.
- We shall not be held liable for any loss or damages caused by the use or misuse, unavailability or removal of services howsoever caused.
- When your account is closed, all files (including web pages, etc.) will be deleted.
- We reserve the right to cancel your account at any time without notice.
- We reserve the right to amend and update these Terms and Conditions at any time without notice.
- To protect your privacy, we will not distribute your name, email address, domain name, unless required to do so under law, or where same is required in relation to the successful provision of services. The list of information which may be provided under this condition is not exhaustive.
- Users must not participate in any form of un-solicited bulk e-mailing or Spam, or any form of illegal web site. Failure to observe this condition will result in immediate disconnection of service (see below).
- Domain names registered with Eirbyte Limited may not be used to facilitate the sale of drugs in violation of Applicable Laws. This expressly includes, but is not limited to, the sale of prescription drugs without a prescription based on a prior in-person examination, except where such is expressly permitted by Applicable Laws, or the selling of unapproved drugs (e.g., falsified medicines, counterfeit drugs, or drugs unapproved for sale). Where Eirbyte Limited is of the reasonable opinion, or receives notice from LegitScript that a domain is violating the applicable laws, then the domain will be suspended pending full investigation.
- Credit Terms are not provided.
- The customer is responsible for all charges on the service account until a cancellation request is received. Cancellation requests should be made in writing or via email to email@example.com
- If your account/service is activated before payment is made then payment must be sent in full by return.
- If payment is not made in full within 14 days all technical support for the site may be revoked at the Eirbyte’s discretion. If payment is still not made in the following 7 day period your account will be deleted from our servers and all DNS services will stop.
- If your account is cancelled and is later re-activated, an administration fee of €50 is levied on your account.
- A renewal invoice or order will be sent to the administrative email address, prior to expiration of the domain or service.
- If paying monthly, you will receive a monthly statement
- Re Companies: Any orders received from company/s shall be deemed to be made by an authorised agent.
- The internet suffers many problems in relation to security. There are rampant problems in relation to phishing, identity fraud, etc. As Eirbyte runs all its service online, security is treated as a high priority. We have adopted stringent security procedures to protect you and
- all customers of Eirbyte. At any stage up to the final purchase of any service from us, we may request further information from you, to ensure that all personal details provided at the initial stages are correct. These procedures are in place to protect both the Service Provider and the Customer in relation to fraud, misrepresentation and any attempted illegal activity.
- Returned payments, either via credit card, direct debit or cheque, will incur an administration charge. Failure to pay these fees within 30 days of the date of issue will mean your entire account will be put on hold and a collections agency will be handed over your details.
Fees as follows:
Returned Cheque: 20 euro
Returned Direct Debit: 20 euro
Charged back credit/debit card: 80 euro
- Commercial use of web and ftp space is permitted.
- You will be responsible for the content of your pages, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate Irish or European law and the Eirbyte shall not take responsibility for same.
- You will be held responsible for and accept responsibility for any defamatory, confidential, secret or other proprietary material available via your page(s).
- We reserve the right to remove material deemed inappropriate from your web pages, without prior notice.
- Where a Domain has been registered incorrectly, invalidly or fraudulently, or where a domain is not pointed to a configured website, Eirbyte may ‘Park the Domain’ on its servers. The parked domain may be used for revenue generating advertising. Any and all advertising placed on the Parked Domain is automated and placed by the advertising partner. Eirbyte has no control over same, and will not be held liable for any loss or damage associated with same. Where a Purchaser corrects the domain reconfigurations, and notifies this to Eirbyte, any and all advertising on the Domain will be removed immediately.
- The bulk UCE, bulk promotional material, or other forms of solicitation sent via Email that advertise any IP address belonging to Eirbyte. or any URL (domain) that is hosted by Eirbyte.
- Unsolicited postings to newsgroups advertising any IP or URL hosted by Eirbyte.
- The use of web pages set up on ISPs that allow SPAM-ing (also known as “ghost sites”) that directly or indirectly reference customers to domains or IP addresses hosted by Eirbyte.
- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate a means to SPAM.
- Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.
- Eirbyte. may, at its option, charge € 50.00 per SPAM complaint we receive for both Dedicated and Virtual Server customers. Resellers will be charged for resold accounts, receiving SPAM complaints.
- Reseller may choose to pass this charge down to their client. These are non-refundable charges and will be invoiced at the time of complaint notification.
- Eirbyte. reserves the right to decide what it considers “SPAM”, “UCE”, “mail bombing”, or “bulk Email”, and to determine from all of the evidence whether or not the Email recipients were from an “opt-in Email” list.
- Should you choose to Email from Eirbyte. servers, especially if you use mailing lists, you must read and adhere to the following guidelines, which are offered as a statement of Internet standards and best current practices for proper mailing list management and preventing Email abuse.
- The Email addresses of new subscribers must be confirmed or verified before mailings commence.
- Mailing list administrators must provide a simple method for subscribers to terminate their subscriptions, and administrators should provide clear and effective instructions for unsubscribing from a mailing list. Mailings from a list must cease promptly once a subscription is terminated.
- Mailing list administrators should make an “out of band” procedure (e.g., a means of contact by which messages may be sent for further correspondence via Email or telephone) available for those who wish to terminate their mailing list subscriptions but are unable or unwilling to follow standard automated procedures.
- Mailing list administrators must ensure that the impact of their mailings on the networks and hosts of others is minimized by proper list management procedures such as pruning of invalid or undeliverable addresses, or taking steps to ensure that mailings do not overwhelm less robust hosts or networks.
- Mailing list administrators must take adequate steps to ensure that their lists are not used for abusive purposes.
- Mailing list administrators must make adequate disclosures about how subscriber addresses will be used, including whether or not addresses are subject to sale or trade with other parties. Once a mailing list is traded or sold, it may no longer be an opt-in mailing list. Therefore, those who are acquiring “opt-in” lists from others must examine the terms and conditions under which the addresses were originally compiled and determine that all recipients have in fact opted-in specifically to the mailing lists to which they are being traded or sold.
- Mailing list administrators should make adequate disclosures about the nature of their mailing lists, including the subject matter of the lists and anticipated frequency of messages. A substantive change in either the subject matter or frequency of messages may constitute a new and separate mailing list requiring a separate subscription. List administrators should create a new mailing list when there is a substantive change in either the subject matter or frequency of messages. A notification about the new mailing list may be appropriate on the existing mailing list, but existing subscribers should never be subscribed automatically to the new list.
You hereby agree to indemnify and hold us harmless from any and all loss occasioned by you as a result of us suspending your domain name. You also agree to indemnify and hold us harmless from any complaints or claims made against you by third parties and any loss that occurs due to any third party claims. Further, you hereby agree to indemnify and hold us harmless if LegitScript designates a domain name you have registered as operating in violation of this our terms.