THE FOLLOWING TERMS OF SERVICE (TOS) apply to all services NEOBYTE TO YOU. Using services NEOBYTE YOU AGREE TO THESE TERMS OF SERVICE.

APLYING CONDITIONS
1.1. These TOS apply to all services to be provided by Neobyte during the Term. The TOS incorporates the following documents and policies by reference: our Acceptable Use Policy (AUP) and our privacy policy. Overall, referred to herein as the "TOS". Some provisions of this TOS may not apply to you based on your order.

1.2. This TOS, together with your order, represents the complete agreement concerning the Services and supersedes any prior agreements between you and Neobyte. The provisions of the contract otherwise imposed by you by your own order forms or otherwise are expressly excluded.

1.3. Neobyte may modify this TOS at any time without notice to you. However, the current terms of service is always available on our website. No agent or person employed by or under contract with Neobyte, has authority to alter or modify this TOS at any way. No oral explanation or oral information given by either party may amend this TOS.

1.4. You acknowledge and agree that Neobyte have the right (but not the obligation) in its sole discretion to pre-screen, refuse or remove any project and / or user content that violates this TOS or is otherwise objectionable, including without limitation, projects or content that is unlawful, obscene, indecent, defamatory, incites religious, racial or ethnic hatred or violates the rights of others. Activity that is brought to our attention that in our opinion appears to violate the law will be brought to the attention of the competent authorities. You acknowledge, understand and agree that Neobyte may access, preserve and disclose your account information and content if required by law or a good faith belief that such preservation or disclosure is necessary to: (a) comply with legal process, (b) enforce this TOS (c) respond to claims that any Content violates the rights of others, (d) respond to your requests for customer service, or (e) protect the rights, property or personal safety of Neobyte, its users and the public.

ORDERS
2.1. Each service you order to Neobyte, you agree to the terms of this TOS. The order shall not be deemed accepted by Neobyte until we start working on your project. The date that we give notice to you to start working on your project, this is the Effective Date. After you apply online on our website or in person to hire our service, we will send you details by e-mail.

2.2. You must be over the age of 18 at the time you place your Order.

2.3. All requests will be reviewed by us to determine if they meet our criteria technical and other reasonable criteria.

2.4. Neobyte shall have no obligation to deliver any Services beyond those identified in the Order.

2.5. You shall provide us all information and resources reasonably requested by us to provide the Services, and if necessary, to ensure that its employees, contractors and other providers cooperate fully and expeditiously with us.

2.6. The instructions provided by you to Neobyte in relation to services should be complete, accurate and clearly legible. Neobyte reserves the right to charge the costs and the additional work incurred by Neobyte of a failure by you to comply with this provision, Neobyte not be liable for any errors caused by such failure.

2.7. You must provide us textual material, images, videos, software and other items required for us to work on your project, and you understand that all these objects are licensed for use, in addition, If you, on behalf of another person or entity, hire our services, you warrant that the account given in good faith and in case of disputes, damages between you and another person or entity, Neobyte is excluded from any legal dispute or rise to any claim against us, plus you will indemnify to Neobyte for all losses suffered.

2.8. For avoidance of doubt, the person or entity on the information obtained by Neobyte services is considered by us to be the owner of the services. The person or entity that pays for services not considered by us to be the owner. It is your responsibility to ensure the data correctly. If there is a dispute over ownership, the account will be blocked until the parties to the dispute agree on a resolution, or until the matter is resolved judicially.

GENERAL TERMS AND CONDITIONS
3.1. You will conform to the standards and acceptable use policies of Neobyte as set out in our AUP.

3.2. The Services are provided to you as set out in the Order. You bear ultimate responsibility to ensure that the Services are designed to meet your operational, privacy and security needs. Your hardware, software and any other items you deem necessary to use the Services, must be compatible with the Services. You may not terminate an Order based on your inability to use the Services because such a use is incompatible with them.

PAYMENT
4.1. You are responsible for the Fees set out on the Order. Fees are due on the date set out on your invoice (Due Date).

4.2. In all services you must pay 50% advance after a specified period and agreed, you are under the obligation to pay the remaining 50% to Neobyte to complete the project.

TERMINATION AND CANCELLATION
5.1. Either party may terminate this Agreement by written notice to the other hand, if one party materially breaches any of these terms and the breaching party does not remedy the breach within ten days after written notice of the party, immediately the agreement is broken.

Termination by Neobyte
5.1.1. Neobyte may terminate this Agreement (1) you do not pay all amounts due to Neobyte, (2) you violate this TOS or any agreement incorporated into it by reference.

Termination by you
5.1.2. You may terminate the Services by sending an email to Neobyte (support@neobyte-usa.com) reporting the termination of services. We will send an email to verify the completion of application (Verification of completion). You should recognize the verification of the termination of service. If you do not recognize the verification of completion, we will continue to give you continuous service. You must follow this procedure to end each service. You agree to pay Neobyte losses occasioned by its withdrawal.

5.1.3. Once you provide us with the Termination Verification, it will take us five calendar days to process the Termination. You are responsible for any Fees that accrue during this five-day period.

TECHNICAL SUPPORT
6.1. Our technical support is provided by a submission form on our website. Your initial request for technical assistance should be originated from there. Technical support is provided at our discretion. Because the technology underlying and supporting web sites is complex, sometimes unreliable, there is no guarantee that even with the maintenance and technical support, the site will always be functional. And maintenance support is provided by us on a reasonable efforts basis.

HOSTING AND DOMAIN
7.1. You understand and agree that we will register "Domain and Hosting" for a year with a domain and hosting company Neobyte outside, then we give the details of the account and you are responsible for the account of Domain and Hosting. We are not responsible for your account. The company "Domain and Hosting" has its own Terms of Service and are alien to our Terms and Conditions.

7.2. You must provide us all the information necessary to operate your own Domain and Hosting.

LIABILITY RESTRICTIONS
8.1. Neobyte is not responsible for the operation of Domain and Hosting also of technical, hardware or software failures of any kind; lost or unavailable network connections; and/or incomplete, garbled or delayed computer transmissions. Under no circumstances will Neobyte be liable for any damages or injury that may result from the use of the materials and services on this site. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, in which case the above limitation may not apply to you. The materials and services on this site are provided "as is" and without warranties of any kind to the fullest extent permissible pursuant to applicable laws. Neobyte may provide links to other sites that are not maintained by Neobyte, but Neobyte does not endorse those sites and is not responsible for the content of such other sites.

8.2. WE DECLARE THAT WE DO NOT GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE MATERIAL AND SERVICES OR ANY SOFTWARE PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND WE HEREBY EXPRESSLY DISCLAIM THE SAME. WITHOUT LIMITING THE FOREGOING, ANY THIRD-PARTY PRODUCT OR SERVICE PROVIDED TO USER HEREUNDER IS PROVIDED "AS IS" WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.

RESOLUTION OF DISPUTES & CHOICE OF LAW
9.1. Any dispute, controversy or claim (individually and collectively a "Dispute) arising under this Agreement shall be resolved in accordance with the procedures set forth in this Section.

9.2. In the event of a dispute between the parties relating to this Agreement, each of the parties shall appoint a designated representative who has authority to settle the dispute and who is at the "C" level or above. This appointment will take place no later than five business days after the initial request for dispute resolution. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the dispute and negotiate in good faith in an effort to resolve the dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however, all reasonable requests for relevant information made by one party to the other shall be honored. If the parties are unable to resolve issues related to a dispute within thirty days after a party's request is made, the dispute shall be submitted for arbitration. The arbitration shall take place in Orlando, Florida pursuant to the commercial arbitration rules of the American Arbitration Association. The dispute shall be heard by a single arbitrator who has experience in the field of graphic and web design. The arbitrator shall not be entitled to award punitive damages, or attorney's fees.

9.3. If the procedures set out in the previous paragraph fail, the parties agree that all disputes shall be brought before the U.S. District Court for the District of Columbia. (District Court). If the District Court may not consider the dispute, all disputes shall be brought before the Superior Court located in Washington, D.C. The parties agree that after the procedures in paragraph 9.2. above have been followed, these courts shall have exclusive jurisdiction over all disputes and other matters relating to the interpretation and enforcement of this Agreement or any other document entered into by the parties. Further, the parties agree that venue shall be proper in the appropriate court set out above, and agree that they shall not contest notice from that court. State law issues concerning construction, interpretation and performance of this Agreement shall be governed by the substantive law of the District of Columbia, excluding its choice of law rules. The United Nations Convention on Contracts for International Sale of Goods shall not apply.

LINKED SITE
10.1. Neobyte links to other sites that may be of interest to our visitors. Privacy policies on those linked sites may be different from our privacy policy. You access these linked sites at your own risk. You should always review the privacy policy of any site before disclosing any personal information.

DEFINITIONS
"Neobyte" means Neobyte LLC. and/or any affiliate which shall supply Services to you.
"End User" is the individual or entity who uses, or to whom you provide your services;
"Fees" means the charges to be paid by you for the provision of the Services as set out in any Order or, if not set out on the Order, those set out on our website;
"Objects" means any names, marks or materials and any other information, documents or software which you supply to Neobyte under this Agreement;
"Order" means the order form or purchase order, including electronic and online forms, or letter signed or submitted by you or on your behalf requesting Services;
"Server" means the computer server equipment operated by Neobyte in connection with the provision of the Services or operated by a Third Party or to which the Services are provisioned;
"Service" or "Services" means any and all services provided by Neobyte under this TOS including, without limitation, domain name registration services; domain name portfolio management services; domain name searching, monitoring and recovery services, space hosting, web, email and usenet searching and monitoring services and professional services, graphic design, animation design and any other services requested by you which may be provided from time to time as set out on the portion of our website describing the individual Service (Product Pages);
"Site" means the HTML, other code, pictures, and Customer Material, the details of which are set out on the Order, and which is the ultimate goal of the Service;
"Space" means the area on the Server allocated by 123 to you for use by you as a site on the Internet;
"Term" means the period during which this Agreement binds the parties;
"TOS" means these terms and conditions, including all documents incorporated by reference;
"You" and "your" mean the person, firm or company who purchases Services from Neobyte; and
"We," "us" or "our" means Neobyte.

MISCELLANEOUS
11.1. Your rights and obligations under this Agreement are personal to you, and you shall not assign, lease, charge, sub-license, or otherwise transfer such rights and obligations in whole or in part.

11.2. Neobyte reserves the right to sub-contract any of the work required to fulfill the Services and to assign this Agreement.

11.3. Except for the obligation to pay the Fees, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party's reasonable control, including without limitation acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, failures of telecommunication carriers, delays of common carriers, or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day to day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible, but in no event less than ten days from the beginning of the event.

11.4. Any delay or forbearance by either party in enforcing any provisions of this Agreement or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.

11.5. Paragraph headings have been included in this Agreement for convenience only and shall not be considered part of, or be used in interpreting, this Agreement.

11.6. This Agreement does not create any agency, partnership, joint venture, or franchise relationship. Other than as set out herein, neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.

USAGE RESTRICTIONS
12.1. The entire contents of this site are copyrighted under the laws of the United States and protected by worldwide copyright laws and treaty provisions. Materials from the www.neobyte-usa.com website may not be copied, distributed or transmitted in any way without prior written consent of Neobyte. All material on this site is provided for lawful purposes only.

APPLICABILITY OF CONTENT
13.1. Information on this site includes descriptions of products and services available in the United States of America only. This site is operated in the States of Florida, United States of America, and Neobyte makes no representation that content provided is applicable or appropriate for use in other locations.