Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and BYTEBARGE LLC ("BYTEBARGE," "we," "us," or "our"), a limited liability company organized under the laws of the United States. By accessing or using our website at bytebarge.com or subscribing to any of our services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our services.

2. Description of Services

BYTEBARGE provides managed website services for small businesses. Our services include the design, development, hosting, and ongoing maintenance of professional landing pages and business websites. We offer industry-specific templates that are customized with your business information and deployed on your behalf.

Our services are delivered through monthly subscription plans, currently offered at $39.99 per month (Starter) and $69.99 per month (Growth). The specific features included in each plan are described on our pricing page and may be updated from time to time.

3. Subscription Terms and Billing

All subscriptions are billed on a monthly basis. By subscribing to a plan, you authorize BYTEBARGE to charge the applicable monthly fee to your designated payment method on a recurring basis until you cancel your subscription.

You may cancel your subscription at any time. Upon cancellation, your service will remain active until the end of the current billing period. No partial refunds are issued for unused portions of a billing cycle.

BYTEBARGE reserves the right to modify subscription pricing with at least 30 days' written notice to active subscribers. Continued use of the service after a price change takes effect constitutes acceptance of the new pricing.

Payment processing is handled by Stripe, Inc. Your payment information is transmitted directly to Stripe and is not stored on our servers. Your use of Stripe's services is subject to Stripe's own terms and privacy policy.

4. Account Responsibilities

You are responsible for providing accurate, complete, and current business information for use in your website. You are also responsible for ensuring that any content you provide to us for publication on your website does not violate any applicable laws or third-party rights.

You agree to promptly notify us of any changes to your contact information or payment method to ensure uninterrupted service.

5. Acceptable Use

You agree not to use our services for any unlawful purpose or in any manner that could damage, disable, or impair our services. Specifically, you agree not to:

• Use the website to distribute malware, spam, or any other harmful content.
• Publish content that is defamatory, obscene, fraudulent, or otherwise illegal.
• Misrepresent your identity or business in any materials provided to us.
• Attempt to gain unauthorized access to our systems, servers, or infrastructure.
• Use the service to infringe upon the intellectual property rights of any third party.
• Resell, redistribute, or sublicense the service without our prior written consent.

Violation of these acceptable use terms may result in immediate suspension or termination of your account without refund.

6. Intellectual Property

Your Content. You retain full ownership of all text, images, logos, and other materials you provide to us for inclusion on your website ("Customer Content"). By providing Customer Content to BYTEBARGE, you grant us a non-exclusive, royalty-free license to use, display, and publish that content solely for the purpose of providing the service to you.

Our Property. All website templates, designs, layouts, code, and underlying technology used to deliver our services remain the exclusive property of BYTEBARGE LLC. You are granted a non-exclusive, non-transferable license to use these materials for the duration of your active subscription. Upon termination of your subscription, this license is revoked.

Feedback. Any suggestions, enhancement requests, or other feedback you provide regarding our services may be used by BYTEBARGE without obligation or compensation to you.

7. Service Availability and Uptime

BYTEBARGE strives to maintain high availability of all hosted websites. However, we do not guarantee 100% uptime. Scheduled maintenance windows, third-party service outages, and events beyond our reasonable control may result in temporary service interruptions.

We are not liable for any damages or losses resulting from service downtime, whether planned or unplanned.

8. Limitation of Liability

To the maximum extent permitted by applicable law, BYTEBARGE LLC, its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our services. This includes, without limitation, loss of revenue, loss of profits, loss of business, or loss of data.

In no event shall our total aggregate liability exceed the amount you have paid to BYTEBARGE in the twelve (12) months immediately preceding the event giving rise to the claim.

Our services are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

9. Indemnification

You agree to indemnify, defend, and hold harmless BYTEBARGE LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your use of the service, your Customer Content, or your violation of these Terms.

10. Termination

Either party may terminate the service relationship at any time. You may cancel your subscription through your account or by contacting us at admin@bytebarge.com.

BYTEBARGE reserves the right to suspend or terminate your account immediately and without prior notice if you violate these Terms, fail to pay applicable fees, or engage in conduct that we reasonably determine to be harmful to our services, other customers, or third parties.

Upon termination, your website will be taken offline. You may request a copy of your Customer Content within 30 days of termination. After that period, we are under no obligation to retain your data.

11. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the United States. Any disputes arising under or in connection with these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Each party shall bear its own costs and attorneys' fees in any arbitration proceeding.

12. Changes to These Terms

BYTEBARGE reserves the right to modify these Terms at any time. We will notify active subscribers of material changes via email at least 15 days before they take effect. Your continued use of the service after the effective date of any changes constitutes your acceptance of the updated Terms.

We encourage you to review these Terms periodically to stay informed of any updates.

13. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms remain in full force and effect.

14. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and BYTEBARGE LLC with respect to the subject matter hereof and supersede all prior or contemporaneous communications, agreements, and understandings, whether written or oral.