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Legal Terms |
Use of buzinessware hosting related services by our Customers stipulates an agreement as per terms & conditions given below:
Support
buzinessware provides technical support for access and other server related issues excluding third party web applications, scripts, or components. We guarantee a response, either with a resolution and/or current status in six hours or less during business hours & 12 hours or less otherwise. During this duration please be patient and do not send multiple messages on the same issue.
Technical Support via Telephone is available Sunday thru Thursday from 9 am to 6 pm. Technical Support via Email is available 24*7*365 at hosting.support@buzinessware.com
For any reason, if you are dissatisfied with Hosting related service kindly raise your concern 24*7*365 at hosting.manager@buzinessware.com. The same will be reviewed, investigated and you will receive a response within one business day.
Capacity
Each account is allotted storage & data transfer capacity according to the plan or options selected. The servers may stop accepting, processing, or delivering data when the purchased limit is reached thus causing server unavailability or data loss. Company shall not be held responsible for such unavailability or data losses. To upgrade an existing account and/or purchase new accounts contact our office or email hosting.sales@buzinessware.com
Content
All services provided by buzinessware may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless buzinessware from any claims resulting from the use of the service which damages the subscriber or any other party.
Pornography is prohibited on all buzinessware servers. This includes sites that may infer sexual content, or links to adult content elsewhere. buzinessware will be the sole arbiter in determining violations of this provision.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to buzinessware servers or any other server on the internet. Links to such materials are also prohibited. Examples of unacceptable content or links are Pirated software, hacker programs or archives, online gambling etc.
Any illegal activity, including adult content, links to adult content web sites, online gambling, spamming or hacking will result in your site being shut down.
buzinessware will be the sole arbiter as to what constitutes a violation of this provision
SSH & CGI Scripts
buzinessware enforces a strict "No SSH" policy. Any domain that uses a script which can be used to elevate privileges or enable SSH services will be instantly sus
pended.
Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, [as long as they are not on our banned script's list] however we reserve the right to disable any CGI script that affects normal server operation or service to other buzinessware customers.
buzinessware is not responsible for scripts that you use in your hosting. It is not our responsibility to ensure your scripts function. Please don't expect our support techs to troubleshoot aspects of your scripts or third party scripts that you use on your sites hosted on our servers.
buzinessware provides technical support for the Server & related software. Any scripts included in the Control Panel are 3rd Party scripts and are not supported by buzinessware.
Data Ownership & Retention
All data created and/or stored within the account belongs to the customer and is for your exclusive use. As such, buzinessware has no claim of ownership of any web server content, e-mail content, or any other type of data contained within the account holder's server space and applications on Company's servers.
buzinessware shall not retain any of your data after account termination. All data is deleted from the servers at the time the account is terminated and from back-ups during scheduled back-up rotation. Company shall not restore, "burn" to cd, or send out any data pertaining to existing or terminated accounts.
Server abuse
If we determine that any site on our servers is using too much of the server's resources and therefore abusing the server, we have the right to suspend that domain without any notice. It is then up to you to contact us and formulate a plan to get that domain activated again. We are quick to suspend any domain that abuses the server's resources due to the shared nature of the server and the negative impact an abusing domain has on other domains on the same server.
SPAM
buzinessware is committed to a zero-tolerance, anti spamming policy. Under this policy, we prohibit spam, or any unsolicited commercial email, from being sent either: Over the buzinessware network, by customers or any other users of the buzinessware network (including customers' customers); AND/OR over ANY network—if the message sent advertises or mentions a site hosted on the buzinessware server.
We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to a buzinessware email address or web site URL is prohibited. The use of buzinessware servers as a mail drop for responses to activities described above is also prohibited.
If your main WHM domain is involved in spamming activities, and your account is subsequently terminated, then you do not have the right for a refund. This also includes if you have paid for additional services, such as installations of software or IP addresses.
Network Availability
Company guarantees 99% monthly average scheduled availability of its network. Network availability is defined as your ability, via web browser, to retrieve the HTTP headers from a hosting server. Company does not monitor availability of individual web sites but only monitors the server availability as a whole.
Exclusions
Our objective is to achieve 100% Email and Web Service Availability for all customers. However buzinessware will not be liable in connection with any failure or deficiency of Availability caused by or associated with:
- circumstances beyond our reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts); inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA
- attacks by viruses or hackers, including Distributed Denial of Service (dDoS) attacks against our network;
- scheduled maintenance and system upgrades, or emergency maintenance;
- any DNS or Domain Registry issues outside the direct control of buzinessware including DNS and Registry propagation issues and expiration;
- customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, etc), any negligence, willful misconduct, or breachful use of the customer's account;
- issues with 3rd party email systems, FTP, POP, IMAP, or SMTP customer access, including refusal or rejection of email by 3rd party mail systems;
- delays in email delivery;
- outages elsewhere on the Internet that hinder access to your account. buzinessware is not responsible for browser, DNS, or other caching that may make your web site or email appear inaccessible when others can still access it.
Network Monitoring
To verify that the server is available Company will ping HTTP service on the server every 10 minutes with a 30-second threshold. If HTTP service does not respond, the server is considered non-operational and is automatically rebooted. If rebooting the server does not solve the problem, it is immediately escalated to the Support Center.
In cases where two or more consecutive HTTP tests fail, server downtime will be registered as the number of minutes between the first and the last failed tests. Downtime of less than 10 minutes in duration is not recorded. Company calculates server uptime based on this type of server monitoring.
Traffic Policy
buzinessware allows for very generous traffic; however customers are discouraged from storing any files that cause excessive traffic on buzinessware servers. Please contact the buzinessware Technical Support team for more information.
Backups
Files/directory structure backup is taken once a day, which means that each single file and folder is separately synced to backup server i.e. server configuration file, main website folder, email folders, database folders are backed up. However, no guarantees are made of any kind, either expressed or implied, as to the integrity of these backups & it is the Customer's sole responsibility to maintain local copies of their mail/web content.
Scheduled Maintenance
To guarantee optimal server performance, we reserve last Friday of every month for maintenance purposes which may require making the servers off-line.
Activation
Hosting Plans are activated on day of approval.
Indemnification Policy
Customers agree to use all buzinessware services and facilities at their your own risk. buzinessware specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall buzinessware be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold buzinessware harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against buzinessware, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns.
Customer agrees to defend, indemnify and hold harmless buzinessware against liabilities arising out of:
- Any injury to person or property caused by any products sold or otherwise distributed in connection with any buzinessware server;
- Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
- Copyright infringement
- Any defective products sold to customer from any buzinessware server.
- buzinessware shall be the sole judge of what violates this Policy.
Inquiries
To upgrade an existing account and/or purchase new accounts contact our office or email hosting.sales@buzinessware.com.
buzinessware reserves the right to:
- Terminate/refuse service to any customer for any reason.
- Amend The Terms & Conditions at any time and without notice.
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