Effective Date: 08/04/2025
Last Updated: 08/24/2025

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These Terms of Service (“Terms”) form a legally binding agreement between you (“User,” “Client,” or “you”) and StarByte IT LLC, doing business as StarByte (“StarByte,” “we,” “our,” or “us”).

By accessing, using, or purchasing any StarByte website, account, product, or service—including submitting any form, checking any agreement box, or requesting services—you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use StarByte’s Services.

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1. Eligibility

1.1 You must be at least 18 years old to use the Services.
1.2 By using the Services, you represent and warrant that you meet this requirement.

 

2. Account Registration & Security

2.1 Certain Services may require account creation.
2.2 You agree to provide accurate, current, and complete information.
2.3 You are responsible for safeguarding login credentials and all activity under your account.
2.4 StarByte may suspend or terminate accounts for violations of these Terms or applicable law.

 

3. Services

3.1 StarByte provides IT support, consulting, diagnostics, remote access services, SaaS tools, and related offerings (“Services”).
3.2 Services may include, without limitation:

• Informational and marketing content

• Client portals, service requests, and remote support

• Software tools, downloads, or SaaS integrations

• Online payments, invoices, subscriptions, or memberships

3.3 Services are provided on a best-effort basis unless otherwise stated in a separate written agreement.

 

4. Payments & Billing

4.1 You agree to pay all fees associated with Services purchased or requested.
4.2 Payment terms are defined at checkout, on invoices, or in subscriptions.
4.3 All fees are non-refundable unless expressly stated in writing.
4.4 Subscriptions automatically renew unless canceled prior to the billing date.
4.5 You are responsible for all applicable taxes, duties, and governmental fees.

 

5. User Content

5.1 Users may submit reviews, comments, feedback, or other content (“User Content”).
5.2 You grant StarByte a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute User Content for business and marketing purposes.
5.3 You retain ownership of your User Content.
5.4 StarByte may monitor, edit, or remove User Content at its sole discretion.

 

6. Acceptable Use

6.1 You agree not to:

• Attempt unauthorized access to systems or networks

• Upload malware, viruses, or malicious code

• Engage in spamming, phishing, fraud, or abuse

• Use Services for illegal, harmful, or unethical purposes

6.2 Violations may result in suspension or termination without refund.

 

7. Third-Party Services

7.1 Services may rely on third-party providers (e.g., Microsoft 365, Google, Wix, Acronis, Malwarebytes).
7.2 Third-party services are governed by their own terms.
7.3 StarByte is not responsible for third-party availability, performance, or failures.

 

8. Intellectual Property

8.1 All StarByte content, trademarks, logos, and materials are owned by StarByte.
8.2 You may not copy, modify, distribute, or reverse engineer StarByte materials without written consent.

 

9. Disclaimers

9.1 Services are provided “as is” and “as available.”
9.2 StarByte disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
9.3 We do not guarantee uninterrupted, secure, or error-free operation.

 

10. Limitation of Liability

10.1 To the fullest extent permitted by law, StarByte shall not be liable for indirect, incidental, special, consequential, or punitive damages.
10.2 Total liability shall not exceed the fees paid to StarByte in the twelve (12) months preceding the claim.

 

11. Indemnification

You agree to indemnify and hold harmless StarByte from claims arising from:

• Your use or misuse of Services

• Your violation of these Terms

• Your violation of third-party rights

 

12. Remote Access Authorization & Waiver

12.1 By requesting remote support, you authorize StarByte to access your systems remotely.
12.2 You acknowledge that pre-existing issues, malware, or configuration problems may be discovered.
12.3 StarByte is not responsible for data loss, corruption, or service interruptions unless caused by willful misconduct.

 

13. Confidentiality & Data Security

13.1 StarByte uses commercially reasonable security practices to protect customer data.
13.2 No system is completely secure; absolute protection is not guaranteed.
13.3 StarByte is not liable for unauthorized access unless solely caused by willful misconduct.
13.4 Customers are responsible for maintaining independent backups unless otherwise agreed in writing.
13.5 Data may be disclosed only as required to provide Services, with consent, or by law.

 

14. Force Majeure

StarByte is not liable for delays or failures caused by events beyond reasonable control, including natural disasters, outages, strikes, pandemics, or cyberattacks.

 

15. Service Levels

15.1 No uptime or response guarantees are provided unless documented in a separate SLA.
15.2 Any SLA must be in writing and signed by both parties.

 

16. Export Control

You agree not to use Services in violation of U.S. export laws or regulations.

 

17. Termination

17.1 StarByte may suspend or terminate Services at any time for violations or lawful reasons.
17.2 Upon termination, all usage rights immediately cease.

 

18. Right to Refuse Service

18.1 StarByte may refuse or discontinue service at its sole discretion.
18.2 This may include situations involving unreasonable risk, legal concerns, abusive behavior, or conflicts with business practices.
18.3 This right shall not be exercised in a discriminatory manner prohibited by law.

 

19. Privacy

Use of Services is governed by our Privacy Policy, incorporated by reference.

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20. Modifications

20.1 StarByte may update these Terms at any time.
20.2 Continued use constitutes acceptance of updated Terms.

 

21. Governing Law & Jurisdiction

These Terms are governed by California law.
All disputes shall be resolved exclusively in the state or federal courts located in Sacramento County, California.

 

22. Miscellaneous

22.1 Severability – Invalid provisions do not affect enforceability of the remainder.
22.2 Entire Agreement – These Terms constitute the entire agreement.
22.3 No Waiver – Failure to enforce any provision is not a waiver.