Terms + Conditions of Buzinessware

What information we collect and why we collect it


These Terms and Conditions (“Agreement”) governs the use of the services (“Service” or “Services”) that are made available by Buzinessware FZCO. (“Buzinessware”, “we” or “us”). These Terms and Conditions represent the whole agreement and understanding between Buzinessware and the individual or entity who subscribes to our service (“Customer”, “Member”, ‘Client” or “you”).

Please read this agreement carefully. by submitting an order or by accessing or using the site or services, you agree that you have read, understand, acknowledge and agree to be bound by the terms and conditions set out in this agreement. if you do not agree to this agreement, or do not meet the qualifications included in this agreement, Buzinessware is not willing to provide you with access to or use of the site or services and you must not access or use the site or services. if you access or use the site or services, you acknowledge that you meet the qualifications included in this agreement and agree to be bound by this agreement. Buzinessware may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that Buzinessware believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party. All services offered by Buzinessware are governed by this General Terms and Conditions along with subsequent Policies and Agreements.

1.    Definitions: Terms used in this Agreement will have the definitions given in this Agreement or, if not defined in this Agreement, will have their plain English meaning as commonly interpreted

2.    Age of Majority: Customer represents and warrants that, if an individual, Customer must be 18 years old and otherwise legally competent in all respects to, or, if an entity, Customer is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing, as applicable, and possesses all legal authority and power to accept and be bound by these Terms. Additionally, Customer represents and warrants that neither it, she, or he (as applicable), nor any entity it, she or he represents, is prohibited from registering or signing up with or otherwise subscribing to or receiving any of the Services from Buzinessware. Further, Customer represents and warrants all information provided by Customer to Buzinessware has been and is complete, accurate, and current, and that Customer shall continue to provide complete, accurate and current information to Buzinessware in connection with all registration or renewal processes and further agrees to update all such information as necessary to maintain complete, accurate and current information.

3.    Services: Buzinessware offers Domain Name Registration, Web Hosting Services, Email & Collaboration, Online Security, Cloud Solutions, Dedicated Servers, Colocation Service and Managed Services to customers. Services are provided on the basis of facility and equipment availability. Buzinessware reserves the right not to provide one or more Services where necessary facilities or equipment are not available, or for any other reason. Buzinessware intends to provide the best possible services to each of its Customers. Buzinessware is also dedicated to staying abreast of new and available technologies that will better serve our Customers. However, due to changing technologies, changing laws and the individual and collective needs of our Customers, Buzinessware reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at its sole and absolute discretion any time with or without notice. Such changes or modifications shall be made effective for all Members upon posting of the modified Agreement to this web address: https://buzinessware.com/terms-of-service.html. You may read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.

4.    Service Management: Services purchased from Buzinessware by the Customer can be managed through ‘MyAccount’ from our website. ‘MyAccount’ is secured and accessible on our website by a unique user email address and a unique password, provided to the Customer during signup. The password is to be kept secure at all times and is to be known only by the Account owner. Password is property of the Customer and security of password is his/her sole responsibility. Instructions are provided by Email as well as online in the Support section of the Site to initiate, run and maintain all Services.

5.    Maintenance: As part of our continued efforts to enhance customer experience, Buzinessware or its sub-contractors or upstream providers need to carry out maintenance on the network, which may involve temporarily inaccessibility to service offered to customers. Buzinessware will give as much notice as possible and shall try to keep this scheduled maintenance to the period specified in the notice. Buzinessware accepts no liability whatsoever arising from such a suspension of the service. In case of any accidental incidents, Buzinessware or its sub-contractors or upstream providers need to carry out emergency maintenance to avoid any problem/disaster. There may not be any advanced notice from Buzinessware to customer during emergency maintenance. Buzinessware shall not be liable for interruption or services or any special consequential damages which you may suffer as a result of loss of business, contracts, profits, savings or otherwise due to the maintenance. Buzinessware is unable to exercise control over material sent over the internet and excludes all liability of any kind for the publication by the Customer of inaccurate, misleading, offensive, threatening or obscene material, or material that is in breach of UAE or other applicable law.

6.    Financial Terms & Policies:

6.1      Billing/Pricing/Payment:

6.1.1      Billing: All billings to Customers are in USD or AED. Customer located in AE are billed in AED. All other customers are billed in USD.

6.1.2   Payment: Customer shall agree to pay all applicable fees for Services in   effect at the time of sign-up registration and/or renewal, subject to these Terms. Customer agrees to update and keep current all of Customer's billing information, email and all other contact information. It is the Customer's responsibility to verify that the information submitted is accurate to insure proper billing and continuity of services. All payments are received and processed in USD or AED. We offer monthly and annual subscriptions for certain services. You will need to login and pay for your monthly or annual subscription manually by entering credit card details from the billing section. Payment must be made by the due date to avoid the suspension of your account.

Online Payment - Terms & Conditions

a.    Buzinessware has chosen Cybersourse to secure your credit cards

b.    All credit card transactions are processed & stored using secure encryption—the same level of encryption used by leading banks on a PCI-Compliant network

c.    You can cancel your subscription to any product or service anytime before your term expires

d.    For all free trials, cancellation before the renewal term will terminate your service at the end of the term. You will not be billed further

e.    For fixed plan/term pricing, cancellation before the renewal term will terminate your service at the end of your current billing cycle. You will not be billed further. If you choose not to auto renew option then you will be liable to pay using offline methods before renewal term, else your service will be suspended automatically & will only restart on confirmation of your payment in our billing systems which might take up to 24 to 48 hours after you have paid

f.    For consumption based pay as you go pricing, cancellation will terminate your service immediately & your credit card will be charged only for usage till date. You will not be billed further.

g.    Buzinessware does not have access to your credit card details

h.    In case you are not able to pay through credit card, you will be liable to pay using offline methods before renewal term, else your service will be suspended automatically & will only restart on confirmation of your payment in our billing systems which might take up to 24 to 48 hours after you have paid. Kindly email receipt of payment to billing@bw.ae with Subject: Payment of Invoice # XYZ for faster manual processing

i.    Your service will get suspended immediately after due date, incase we do not receive invoiced amount for renewal of service. Service will get terminated automatically after 30 days of suspension. Service can be resumed back during period of suspension after paying due amount

j.    Buzinessware's Terms and Conditions for online credit card payments are subject to change at any time. Each transaction shall be subject to the specific Terms and Conditions that were in place at the time of the transaction

6.1.3     Promotions: Buzinessware may periodically offer discounted services or credits in connection with a promotional offer, including, without limitation, free domain name registration. Such promotional offers are honored only in connection with the specific promotional package to which they apply. In the event a Customer downgrades or otherwise changes his/her/its subscription to a subscription to which a promotional offer does not apply, Customer will forfeit any unused free credits offered under the promotional packaged and Buzinessware will charge Customer the prevailing fees for any free credits redeemed by Customer under the promotional package.

6.1.4     Pricing: Buzinessware expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online in our website and effective immediately without any notice. If you have purchased services for a period of months or years, changes or modifications in prices and fees shall be effective when the services in question come up for renewal.

6.1.5     Invoice: Invoices on renewals are generated 15 days before the official due date. Payment must be made by the due date to avoid the suspension of your Account. If no payment is received, your Account will be suspended 3 days after the official due date. If no attempt is made within the next 12 days to pay due invoice(s), we reserve the right to permanently terminate your Account and format all data held. In total 15 days from the official due date will pass before we permanently terminate your Account.

6.1.6     Reinstatement Fee: A reasonable reinstatement fee will be charged to restore service following suspension of service due to non-payment as given below.

A. Web Services: AED 50.00

B. Cloud Servers: AED 100.00

C. Dedicated Servers: AED 200.00

6.2     Buzinessware makes no representations or warranties that

a.    The amount submitted to your bank for payment will be the same as the amount   posted to your bank statement

or

b.    The estimated conversion price will be the same as either the amount processed or the amount posted to your bank statement, and you agree to waive any and all claims based upon such discrepancies, including any and all claims for a refund based on the foregoing.

c.    We operate from Dubai, UAE and choose to calculate all taxes on services according to laws and regulation of Dubai and are not based in billing information that you produce at the time of purchase.

6.3         Customer shall acknowledge and agree that you may be charged Value Added Tax ("VAT"), Goods and Services Tax ("GST"), or other localised fees and/or taxes, based on your bank and/or the country indicated in your billing address section.

7         Returns, Refund & Cancellations:

7.1     Buzinessware shall, in its sole and absolute discretion, allow for the Return or Replacement of any new Service purchased within 30 days from the date of purchase.

7.2     Money for the requested refund/return shall be refunded back to the Customer in part or whole if the refund/return approve by Buzinessware as per Buzinessware’s Return Policy. Returns shall only be credited back to the Account used to make the original purchase. If the original Account has been closed, the purchase is not eligible for Return.

7.3     There shall be no Refund for new Domain registrations or any licensed products like ID Protect, WHM/CPanel, Plesk, Office365, Cloud DNS, Endpoint Security, SSL Certificates, Site Builder, Cloud Backup, Windows and MSSQL as these are purchased from External Vendors.

7.4     Customers are allowed to cancel a Product or Service with a billing subscription at any time by accessing his Account online or by contacting Buzinessware. No future payments shall be billed or charged against his subscription. The cancellation of repetitive billing services does not generate a Refund.

7.5     Any Service interruptions or downtime or outage due to scheduled maintenance by Buzinessware or its network providers shall not count towards the uptime guarantee. Buzinessware is not liable in any way for failure of third party services.

8         Property Rights:

8.1     These Terms do not give Customer any rights in Buzinessware intellectual property or technology. Buzinessware and related trademarks and logos are the exclusive property of Buzinessware. Buzinessware and Customer agree that neither will, directly or indirectly, reverse engineer or decompile object code or execution code, nor otherwise seek to obtain source code or trade secrets of the other party. Notwithstanding the foregoing, nothing herein shall bar Buzinessware from using any knowledge, information or skills that are generally known or that can be learned or otherwise acquired in the normal course of business.

8.2     Customer does not have any rights in intellectual properties of 3rd party vendors such as Microsoft, VMware, cPanel, Plesk, etc. Customer hereby agree and warrants that he or she will neither will directly or indirectly misuse property of any 3rd party vendors associated to services provided by Buzinessware.

9         Disclaimer of Warranty

You, the customer, acknowledge that the services and the software are provided "as is, as available" without any warranty of any kind. Buzinessware hereby disclaims any warranty or condition with respect to the quality, performance or functionality of the services and software, or with respect to the quality or accuracy of any information obtained from or available through use of the services and software, or that the services and software will be uninterrupted, error-free or free of viruses or other harmful components. The services and software may contain errors. No advice or information given by Buzinessware or Buzinessware's representatives including, without limitation, customer support representatives, shall create a warranty. Buzinessware disclaims all warranties or conditions, express, implied or statutory including, without limitation, warranties or conditions of quiet enjoyment and non-infringement and any implied warranties or conditions of merchantability, title, fitness for a particular purpose, merchantability of computer programs and content. Buzinessware does not Guarantee that users will be able to use the services at times or locations of their choosing. Buzinessware does not warrant that the services are compatible with any third party service or software, even if such third party claims, represents or warrants that such service or software is compatible with any service or Buzinessware in particular.

10      Limitation of Liability:

Buzinessware shall not be liable for nonperformance or delay in performance caused by any reason, whether within or outside of its control. In no event shall buzinessware be liable under contract, negligence, tort, conversion, copyright infringement, trademark infringement, ip rights holder infringement, strict liability or any other legal or equitable theory for any direct, indirect, incidental, exemplary or consequential damages (including, without limitation, loss of use, lost profits, loss of data or information of any kind or loss of business goodwill or opportunity) whether or not buzinessware has been advised of the possibility of such loss or damages. Buzinessware shall not be liable for the cost of procurement of substitute goods, services or technology. Buzinessware's entire liability and customer's exclusive remedy with respect to any use of the services is the cancellation of customer's account as set forth herein. In no event shall buzinessware, its officers, directors, employees,  agents, and all third party service providers, be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any that may result from (i) the accuracy, completeness, or content of this site, (ii) the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (iii) the services found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (iv) personal injury or property damage of any nature whatsoever, (v) third-party conduct of any nature whatsoever, (vi) any unauthorized access to or use of our servers and/or any and all content, personal information, financial information or other information and data stored therein, (vii) any interruption or cessation of services to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (viii) any viruses, worms, bugs, trojan horses, or the like, which may be transmitted to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (ix) any user content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, “x-rated”, obscene or otherwise objectionable, and/or (x) any loss or damage of any kind incurred as a result of your use of this site or the services found at this site, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not buzinessware is advised of the possibility of such damages.

In addition, you specifically acknowledge and agree that any cause of action arising out of or related to this site or the services found at this site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.

In addition, you specifically acknowledge and agree that in no event shall Buzinessware’s total aggregate liability exceed 50,000.00 Ae dirhams.

The foregoing limitation of liability shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this site or the services found at this site.

11. Indemnification:

You, the Customer, agree to defend, indemnify and hold Buzinessware, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of these Terms or Service by you or any third party of the Services, except to the extent the foregoing directly result from Buzinessware's own gross negligence or willful misconduct. Buzinessware reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, the Customer.

12. Governing law: 

These Terms shall be governed by the laws of Dubai, United Arab Emirates without reference to conflict of law principles. The Law of Country of the respective business address of Buzinessware shall be applicable to all legal relationships arising from this contract, its advance preparation, and its execution. The language shall be English. This Agreement will be governed by and construed and interpreted in accordance with the law of United Arab Emirates and the parties submit to the exclusive jurisdiction of the Court in Dubai, UAE. The Customer, the Reseller, the Affiliate and Buzinessware agree that a court may strike out or override any part of these Terms & Conditions if it considers them to be illegal, unenforceable or unfair and in such cases enforce only the Terms & Conditions as if the offending clause or clauses had never been contained in them.

Agreement

This Domain Registration Agreement ("Agreement") is between Buzinessware FZCO as the sponsoring registrar, or acting as reseller for the sponsoring registrar identified in the WHOIS record which may be retrieved here ("we," "us," "our," "Registrar", Buzinessware), and you, the person or entity registering a domain or domains through Buzinessware. This Agreement explains our obligations to you, and explains your obligations to us for various Services.

Selection of a Domain Name

You represent that, to the best of the your knowledge and belief, neither the registration of the SLD name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party and that the Domain Name is not being registered for any unlawful purpose.

Fees

As consideration for the services you have selected, you agree to pay Buzinessware for registration or renewal, the applicable service(s) fees. All fees payable hereunder are non-refundable. As further consideration for the Services, you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information ("Account Information"). By accepting this agreement, Customer warrants that the statements in your application are true.

Term

You agree that the Registration Agreement will remain in full force during the length of the term of your Domain Name Registration. Should you choose to renew or otherwise lengthen the term of your Domain Name Registration, and then the term of this Registration Agreement will be extended accordingly. This Agreement will remain in full force during the length of the term of your Domain Name Registration as selected, recorded, and paid for upon registration of the Domain Name. Should you choose to renew or otherwise lengthen the term of your Domain Name Registration, and then the term of this Registration Agreement will be extended accordingly. Should you transfer your domain name or should the domain name otherwise be transferred due to another Registrar, the terms and conditions of this contract shall cease and shall be replaced by the contractual terms in force for the purpose of registering domain names then in force between SLD holders and the new Registrar.

Expired Domain Names

You agree that we may place our contact information in the WHOIS output for any expired domain name, as the failure to renew results in the immediate cancellation of registration and loss of all rights to the domain name. Should you choose not to renew your domain name, you agree that we may, in our sole discretion, renew and transfer the domain name to a third party on your behalf as an Expired Domain Transfer ("ED Transfer").

Modifications to Agreement

You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our web site, or on notification to you by Email as per the Notices section of this agreement. You agree to review our web site, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by Email as per the Notices section of this agreement. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Services following notice of any revision to this Agreement or change in service(s), you shall abide by any such revisions or changes. You further agree to abide by the ICANN Uniform Dispute Resolution Policy ("Dispute Policy") as amended from time to time. You agree that, by maintaining the reservation or registration of your domain name after modifications to the Dispute Policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modifications, you may request that your domain name be deleted from the domain name database.

Modification to your account

In order to change any of your account information with us, you must use your Account Identifier and Password that you selected when you opened your account with us. Please safeguard your Account Identifier and Password from any unauthorised use. In no event will we be liable for the unauthorised use or misuse of your Account Identifier or Password.

Domain Name Dispute Policy

If You reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the Dispute Policy which is incorporated herein and made a part of this Agreement by reference.

If the registered domain name belongs to the ".info" tld extension, You also submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP") and the Sunrise Dispute Resolution Policy ("SDRP").

Domain Name Disputes

You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. For any dispute, you agree to submit to the jurisdiction of the courts of Dubai, UAE.

ICANN policy

You agree that your registration of the SLD name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN-adopted policy, (1) to correct mistakes by Registrar or the Registry in registering the name or (2) for the resolution of disputes concerning the SLD name. Further, you acknowledge that you have read and understand the Registrant Rights and Responsibilities as outlined by ICANN: Registrant Rights and Responsibilities

Restriction on registrar Transfers

For generic top-level domains governed by ICANN, you agree that you may not transfer your domain registration to another domain registrar during the first sixty (60) days from the effective date of your: (1) initial domain registration or (2) completion of a domain transfer into Buzinessware. If you choose to utilise our transfer lock service, you agree to provide written authorisation (electronic acceptance is acceptable) to Buzinessware for the transfer of the domain to another registrar and agree to pay any and all fees that may be charged by Buzinessware to effect the transfer. You agree your request to transfer your domain to another registrar may be denied pursuant to the Inter-Registrar Transfer Policy (available here).

For country-code top-level domains, as established by each registry, you agree that you may not transfer a domain to another registrar during the first sixty (60) days of the initial registration or after expiration of the domain. You agree your request to transfer your domain to another registrar may be denied pursuant to the Inter-Registrar Transfer Policy (available here).

Agency

Should you intend to license use of a domain name to a third party you shall nonetheless be the SLD holder of record and are therefore responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the SLD. You shall accept liability for harm caused by wrongful use of the SLD, unless you promptly disclose the identity of the licensee to the party providing you reasonable evidence of actionable harm.

Announcements

Registrar reserves the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet.

Limitation of Liability

You agree that buzinessware will not be liable to you or any other person for any loss that may occur due to (a) any loss of registration of a domain name, (b) the use of your domain name, (c) access delays or access interruptions to Buzinessware's registration system; (d) the non-delivery or misdelivery of data between you and Buzinessware; (e) events beyond Buzinessware's reasonable control; (f) the processing of this application; (g) the processing of any modification to the record associated with your domain name, (h) the failure of you or your agent to pay any fees hereunder; or (i) the application of the dispute policy. Further, buzinessware will not be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if buzinessware has been advised of the possibility of such damages. In no event shall Buzinessware's maximum liability exceed the total amount paid by you to buzinessware for registration of your domain name during the prior 3 years under the terms of this agreement.

Indemnity

You agree to indemnify, defend and hold harmless the Registry Operators, including .aeDA, Enom Inc. etc and their directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the domain name registration. You further agree that this indemnification obligation will survive the termination or expiration of the registration agreement. Failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your domain name and forfeit the right to privacy on a domain. A pro-rated refund will be issued to the payment method on file for the remaining unused service.

 

Transfer of ownership

The person named as registrant contact at the time the controlling user name and password are secured shall be the owner of the domain name. You agree that prior to transferring ownership of your domain name to another person (the Transferee") you shall require the ‘Transferee’ to agree to be bound by all the terms and conditions of this Agreement. Your domain name will not be transferred until we receive such assurance along with the applicable transfer fee. If the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.

Breach

You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, and then we may delete the registration or reservation of your domain name. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.

No Guaranty

You agree that, by registration or reservation of your chosen domain name, such registration or reservation does not confer immunity from objection to the registration, reservation, or use of the domain name.

Disclaimer of Warranties

You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an "as is," "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

Information

As part of the registration process, you are required to provide us certain information and to notify us within seven (7) days of any change as such information changes such that our records are current, complete and accurate. You are obliged to provide us the following information (collectively, the "Registration Information"):

1.            Your name and postal address (or, if different, that of the domain name holder);

2.            The domain name being registered

3.            The name, postal address, Email address, and voice and fax (if available) telephone/mobile numbers of the administrative contact for the domain name.

4.            The name, postal address, Email address, and voice and fax (if available) telephone/mobile numbers of the billing contact for the domain name.

5.            Any other information which we request from you at registration is voluntary. Any voluntary information we request is collected such that we can continue to improve the products and services offered to you through Registrar.


Domain Privacy Service


1.1    If you purchased domain privacy services ("Domain Privacy"), you agree that your Registration Information will be replaced in any public WHOIS search with information provided by Registrar as determined in its sole discretion (the "Private WHOIS Contact Information").

1.2    Although the Private WHOIS Contact Information will appear in any public WHOIS search result, you are solely responsible for resolving any and all monetary, creditor, or other claims that arise in connection with a legal or other dispute involving your domain name registration. Use of the Domain Privacy service in no way alleviates your obligation to provide valid and accurate Registration Information and to update and correct such information pursuant to the terms of this Registration Agreement.

1.3   The Domain Privacy service is NOT a general mail forwarding service. You agree that you will not provide any third party with the Private WHOIS Contact Information for the purpose of having such third party transmit communications to you. Registrar may immediately terminate the Domain Privacy service and, at its sole option, disclose the Registration Information in the event that you breach this Agreement.

1.4    Notwithstanding anything to the contrary, you agree that Registrar may, but is not obligated to, review and forward communications in connection with your domain name that it receives. You hereby authorise Registrar to receive, sort, open, forward, and destroy any and all Email sent to our address at our sole discretion. You specifically acknowledge that Registrar is not obligated but may forward to you certified or traceable courier mail (such as UPS or Federal Express deliveries), legal notices, or UAE postal mail; however, Registrar will NOT forward "junk" mail or other unsolicited communications (whether delivered through fax, postal mail, or telephone), and you further authorize Registrar to either discard all such communications or return all such communications to the sender. You agree that: (i) postal mail may be forwarded via regular mail forwarding or scanned and emailed electronically to the email address listed in the Registration Information; (ii) emails will be forwarded to the email address listed in the Registration Information; and (iii) callers will be directed to use the mailing or email address listed on the Private WHOIS Contact Information and we will forward such mail or email pursuant to the terms of this section; we will not relay phone messages to you.

1.5    If any domain name for which you are using the Domain Privacy service is transferred to another registrar, Domain Privacy will automatically cease and no refund will be given for any unused portion of the service.

1.6    Failure to renew the Domain Privacy service while your domain name registration is still valid will result in the Domain Privacy being suspended, terminated or cancelled and your Registration Information will be displayed in any public WHOIS search.

1.7    Registrar expressly reserves the right, in its sole discretion and without any liability to you whatsoever, to suspend or cancel your use of the Service and/or reveal the Registration Information in any public WHOIS search or to any third party at any time without notice to you

a.    To comply with any applicable laws, rules, regulations or requirements, or with any subpoenas, court orders, official government inquiries or requests of law enforcement;

b.    To comply with ICANN's Uniform Domain Name Dispute Resolution Policy

c.    To resolve any and all third-party claims, whether threatened or made, arising out of your use of the Domain Privacy service, including without limitation, to avoid a dispute of any claim that the registered domain name violates or infringes a third party's trademark, trade name, or other legal rights;

d.    In the event you breach any provision of this Registration Agreement or any other agreement you've entered into with Registrar, including, but not limited to, the Terms of Service;

e.    To comply with the rules, procedures, or practices of the registry that governs the domain name extension receiving the Domain Privacy service and to protect the integrity and stability of the applicable domain name registry;

f.     To avoid any financial loss or legal liability (civil or criminal) on the part of Registrar, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors, or employees;

g.    To prevent inappropriate activity that comes to Registrar's attention, including without limitation if you are using Domain Privacy to hide your involvement in illegal or morally objectionable activities, including without limitation, activities that are intended to or otherwise: (i) appeal purely to the prurient interests of third parties; (ii) defame, embarrass, harm, abuse, threaten, or harass third parties; (iii) violate laws of the United Arab Emirates; (iv) involve hate crimes, terrorism, or child pornography; (v) are tortuous, vulgar, obscene, invasive of a third party's privacy, racially, ethnically, or otherwise objectionable; (vi) impersonate the identity of a third party; (vii) harm minors in any way; or (viii) relate to or transmit viruses, Trojan Horses, access codes, backdoors, worms, time bombs, or any other code, routine, mechanism, device or item that corrupts, damages, impairs, interferes with, intercepts or misappropriates any software, hardware, firmware, network, system, data, or personally identifiable information.

h.    Pursuant to paragraph 3.7.7.3 of ICANN's Registrar Accreditation Agreement ("RAA"), you agree that if you license use of a Registered Name (as that term is defined in the RAA) to a third party, you are nonetheless the Registered Name Holder of record (as that term is defined in the RAA) and are responsible for providing your Registration Information and for providing and updating valid and accurate Registration Information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A Registered Name Holder licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name unless the Registered Name Holder promptly discloses the identity of the licensee to the party claiming violation or infringement of its rights.

Revocation

Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or your failure to respond for over fifteen calendar days to inquiries by us concerning the accuracy of contact details associated with the your registration shall constitute a material breach of this Agreement and be a basis for cancellation of the SLD registration.

Right of Refusal

We, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain name or register you for other Services within thirty (30) calendar days from receipt of your payment for such services. In the event we do not register or reserve your domain name or register you for other Services, or we delete your domain name or other Services within such thirty (30) calendar day period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to register, reserve, or delete your domain name or register you for other Services.

Severability

You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.

Non Agency

Nothing contained in this Agreement or the Dispute Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

Non Waiver

Our failure to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

Notices

Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via Email. Valid notice shall only have been deemed to have been given when an electronic confirmation of delivery has been obtained by the sender. In the case of Email notification to us at billing@bw.ae or, in the case of notice to you, at the Email address provided by you in your WHOIS record. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 6:00 p.m. GST, otherwise it will be deemed to have been delivered on the next business day.

Entirety

You agree that this Agreement, the rules and policies published by us and the Dispute Policy are the complete and exclusive agreement between you and us regarding our Services. This Agreement and the Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.

Obligation to Maintain WHOIS

Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or any failure to respond to inquiries by us addressed to the email address of the registrant, the administrative, billing or technical contact appearing in the Whois directory with respect to a domain name concerning the accuracy of contact details associated with the registration shall constitute a material breach of this Agreement and be a basis for cancellation of the domain name registration. Any information collected by us concerning an identified or identifiable natural person ("Personal Data") will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by ICANN or an applicable registry policy.

Revocation

We, in our sole discretion, reserve the right to deny, cancel, suspend, transfer or modify any domain name registration to correct a mistake, protect the integrity and stability of the company and any applicable registry, to comply with any applicable laws, government rules, or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register or cancel, suspend, transfer or modify your domain name registration.

Inconsistencies with Registry Policies

In the event that this Agreement may be inconsistent with any term, condition, policy or procedure of an applicable registry, the term, condition, policy or procedure of the applicable registry shall prevail.

Non- Waiver

Our failure to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

Force Majeure

You acknowledge and agree that neither we nor the applicable registry shall be responsible for any failures or delays in performing our respective obligations hereunder arising from any cause beyond our reasonable control, including but not limited to, acts of God, acts of civil or military authority, fires, wars, riots, earthquakes, storms, typhoons and floods.

.ae REGISTRATION TERMS & CONDITIONS

1.       Registrar’s agency agrees and covenants to act as an agent for the .aeDA for the sole purpose, but only to the extent necessary, to enable the.aeDA to receive the benefit of rights and covenants conferred to them under the Registrant Agreement.

 

2.       Registration of Domain Names

2.1 A Domain Name Application must be in the form prescribed under the .aeDA Policies. The Domain Name must comply with the .aeDA Policies.

2.2 Buzinessware and the Registrant do not have any proprietary right arising from:

2.2.1 the Registered Name; or

2.2.2 the entry of a Domain Name in the Registry Database.

2.3 All personal information pertaining to the Registrant is held by the .aeDA for the benefit of the public of the UAE

3.   Registrant information

The Registrant grants to:

3.1 the .aeDA, the right to publicly disclose to third parties, all information relating to the Registered Names in accordance with the .aeDA Policies which are available on the .aeDA's website;

3.2 Buzinessware, the right to disclose to the .aeDA Registry, all information which is reasonably required by the .aeDA Registry in order to Register the Domain Name in the Registry; and

3.3 the .aeDA Registry, the right to publicly disclose to third parties, all information relating to the Registered     Name to enable the .aeDA Registry to maintain a public Registry WhoIs service, provided that such disclosure is consistent with all relevant .aeDA Policies.

4.    Change of Registrar

4.1 Buzinessware ensures that the Registrant can easily transfer Sponsorship of the Registered Names the subject of this Agreement to another Registrar in accordance with the .aeDA Policies. The .aeDA Policies include, but are not limited to, such matters as:

4.1.1 the maximum fees chargeable by the Registrar;

4.1.2 when fees are not chargeable by the Registrar;

4.1.3 the circumstances pursuant to which the Registrar must transfer the Sponsorship of the Registered Names the subject of this Agreement; and

4.1.4 the circumstances pursuant to which the Registrar does not have to transfer the Sponsorship of the Registered Name the subject of this Agreement.

4.2 In the event that:

4.2.1 Buzinessware is no longer a Registrar; or

4.2.2 the Registrar's Accreditation is suspended or terminated; or

4.2.3 the Registry-Registrar Agreement (RRA) is terminated by .aeDA, the Registrant is responsible for transferring the Registered Domain Name the subject of this Agreement to a new Registrar in accordance with the .aeDA. Policies within 30 calendar days of written notice being provided to the Registrant by the.aeDA. In the event that the Registrar-Registry Agreement (RRA) between the .aeDA and the Registrar is terminated, the Registrar must not charge the Registrant any fee for the transfer of the Registered Domain Name the subject of this Agreement to another Registrar.

5.    Registrar’s obligations

5.1 Buzinessware will immediately give written notice to the Registrant if:

5.1.1 Buzinessware is no longer a Registrar; or

5.1.2 the Accreditation is suspended or terminated; or

5.1.3 the Registry-Registrar Agreement (RRA) is terminated by the .aeDA.

5.2 The .aeDA may post notice of:

5.2.1 the fact that the Buzinessware is no longer a Registrar;

5.2.2 the suspension or termination of a Registrar's Accreditation; or Registry-Registrar Agreement

5.2.3 the termination of the Registry-Registrar Agreement (RRA) between the .aeDA and the Registrar on its web site and may, if it considers appropriate, give such written notice specifically to the Registrant.

6.    Registrant’s obligations

6.1 Throughout the Term of the Registrant Agreement, the Registrant must:

6.1.1 comply with the .aeDA Policies; and

6.1.2 give notice to the .aeDA Registry, through the Registrar, of any change to any information in the Registrant Data.

6.2 The Registrant must not, directly or indirectly, through Registration or use of its Domain Name or otherwise:

6.2.1 Register a Domain Name for the purpose of diverting trade from another business or web site;

6.2.2 Deliberately Register misspellings of another entity's company or brand name in order to trade on the reputation of another entity's goodwill; and

6.2.3 Register a Domain Name and then passively hold a Domain Name Licence for the purpose of preventing another Registrant from Registering it.

6.3 The Registrant must not in any way:

6.3.1 transfer or purport to transfer a proprietary right in any Domain Name Registration;

6.3.2 grant or purport to grant a Registered Domain Name as security; or

6.3.3 encumber or purport to encumber a Domain Name Registration.

6.4 The Registrant will, immediately upon being requested to do so, enter into Domain Name Licence with the .aeDA.

7.    Dispute resolution

7.1. The .aeDA currently has in place a dispute resolution policy called aeDRP (the .ae Dispute Resolution Policy) between the Registrant and a third party, in relation to entitlements to the Registered Domain Name the subject of this Agreement. The parties agree that the aeDRP binds the Registrar and the Registrant as if it were incorporated in the Registrant Agreement.

8.    Registrant Warranties

8.1 The Registrant Warrants that it meets, and continues to meet, the Eligibility criteria prescribed in the .aeDA Policies relating to the Registering of a Domain Name. In the event that the Registrant ceases to meet such Eligibility criteria, the Domain Name Licence may be terminated by either the Registrar or the.aeDA.

8.2 The Registrant makes the warranties set out in Registrant Warranties Policy (and any other Policy introduced in substitution, replacement or amendment to that Policy by the Registrar). The warranties include, without limitation, that all information supplied to the Registrar for the Registration of the Domain Name the subject of this Agreement is true, complete and correct. The Registrant accepts that the .aeDA or the Registrar shall cancel the Registration of the Domain Name the subject of this Agreement if any of the warranties are not true.

8.3 The Registrant Warrants that it has not previously submitted a Domain Name which is the same as the Domain Name the subject of this Agreement for Registration with another Registrar where:

8.3.1 the Registrant is relying upon the same Eligibility criteria for both Domain Names; and

8.3.2 the Domain Name has previously been rejected by the other Registrar.

9.    Liability

9.1 The Registrant shall not pursue any claim against the .aeDA for anything arising out of this Agreement or related to the Domain name the subject of this agreement, and the .aeDA is not liable for any direct, indirect, special, punitive, exemplary or consequential damages, including but not limited to damages resulting from loss of use, lost profits, lost business revenue or third party damages arising from any breach by the Registrar of its obligations under the Registrant Agreement or the Registry-Registrar Agreement (RRA) between the .aeDA and the Registrar.

9.2 The Registrant acknowledges and agrees that if the Registrar has any outstanding fees owing to the .aeDA, entitling the .aeDA to terminate the Registry-Registrar Agreement (RRA) between the .aeDA and the Registrar, the .aeDA may in its sole discretion terminate the Registry-Registrar Agreement (RRA).

9.3 The Registrant agrees that the .aeDA is not responsible for the use of any Domain Name in the Registry database and that the .aeDA is not responsible in any way for any conflict or dispute with or any actual or threatened claim against a Registrar or Registrant, including one relating to a registered or unregistered trademark, a corporate, business or other trade name, rights relating to a name or other identifying indicia or of an individual or other intellectual property rights of a third party or relating to the defamation or unlawful discrimination with respect to any other person.

9.4 Not withstanding any other provision of this Agreement and to the fullest extent permitted by law, the .aeDA will not be liable to the Registrant for consequential, indirect or special losses or damages of any kind (including, without limitation, loss of profit, loss or corruption of data, business interruption or indirect costs) suffered by the Registrant as a result of any act or omission whatsoever of the .aeDA, its employees, agents or subcontractors.

10.  Privacy Policy. When a Domain Name is registered, certain information is collected for use on the Whois Service. The Whois Service allows internet users to query a Domain Name to find out the identity and contact details of Registrants. The public Whois service is a standard feature of Domain Name systems around the world. Please see the .aeDA´s Whois Data Collection and Display Policy www.aeDA.ae which sets out the guidelines on the collection, disclosure and use of Whois data.

11.  Registrant Agreement. We support to accept orders for Registration, Cancellation, Deletion, Renewal, Maintenance or Transfer and Billing and Technical Support to Registrants. Our Customer Service and Support in relation to ensuring, and in compliance with .aeDA policies the accuracy of and maintenance of accurate Registry Data and any necessary changes. The Domain Name must comply with the .aeDA Policies. The Registrant does not have any proprietary right arising from: the Registered Name; or the entry of a Domain Name in the Registry Database. All personal information pertaining to the Registrant is held by the .aeDA for the benefit of the public of the UAE.

12.  Domain Name License and Certificate of Registration. The Domain Name License and Certificate of Registration is Emailed to the Registrants address as stored in the Registry Database.

13. Domain Name Cancellation Policy

14.  Registrant Warranty Statement. By submitting this Application for a Domain Name, you hereby confirm that you are eligible to hold the Domain Name set out in this application, and that all information provided in this Application is true, complete and correct, and is not misleading in any way. If any of the information is later found not to be true, or is incomplete, incorrect, or misleading in any way, or if you have submitted this Application in bad faith, the Domain Name License shall be cancelled and you shall permanently lose the use of the Domain Name.

15.  In case of cancellation of Reseller hosting before the end of the contract term, the applicable Domain Name Registration Fees would be deducted from the amount to be refunded to the Customer.

16. Policies

a.    .ae Domain Name Policy

b.    .امارات Domain Name Policy Policy

c.    Reserved Name Policy

d.    WhoIs Data Collection & Display Policy

e.    Privacy Policy

f.     Domain Name Renewal, Expiry and Deletion

THIS AGREEMENT is made and entered between Buzinessware FZCO, hereinafter referred to as Buzinessware and the Customer, who wishes to use the services of Buzinessware NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth, the parties hereto agree as follows:

1.   Service Description:As a World Wide Web service provider, Buzinessware. Provides shared Webhosting service on dedicated server computers which are integrated into the Internet. These server computers shall send and receive information in relationship to the World Wide Web. Customer wishes to connect to the World Wide Web utilizing the hardware and software resources of Buzinessware to establish an Internet web presence on one of Buzinessware’s server computers.

2.   Conditions:  The application and this Agreement constitute a binding contract between Buzinessware and the Customer and do not extend to any other person or entity. Customer may resell to third parties but is responsible for third party activities and content, and is bound by the terms under this Agreement. Cancellations after the application is received and web space is set-up will still hold the Customer responsible for costs incurred by Buzinessware concerning the set-up of the web space.

3.   Warranties:  With respect to the service to be provided herein, the Customer acknowledges that Buzinessware makes absolutely no warranties whatsoever express or implied. As a result, the Customer agrees that Buzinessware shall not be liable to the Customer for any claims or damages which may be suffered by the Customer, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions.

4.   Information: The utilization of any data or information received by the Customer from the utilization of the service to be provided by Buzinessware is at the Customer’s sole and absolute risk. Buzinessware specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby. Domain Name: If Buzinessware shall acquire an Internet Domain Name on behalf of the Customer, then in such case the Customer hereby waives any and all claims which it may have against Buzinessware for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by Buzinessware for any reason.

5.   Unilateral Service Revocation:  In the event that Buzinessware may at any time believe that the services cannot be continued for any reason then it will give 30 days notice for discontinuation of service and refund the payments for unutilized period of the original contract to the customer or if the service is being utilized for unlawful purposes by the Customer or in contravention with the terms and provisions herewith including the standard terms and conditions as per Annexure-A Buzinessware may immediately discontinue such service to the Customer without liability.

6.   Indemnification: The Customer shall indemnify and hold harmless Buzinessware from any and all loss, cost, expense, and damages on account of any and all manner of claims, demands, actions, and proceedings that may be initiated against Buzinessware on the grounds that the web space content violates any copyright, proprietary right of any person, state and federal regulations, or contains any matter that is libelous or scandalous.

7.   Changes In Terms of Agreement:  Buzinessware reserves the right to make changes to the terms and conditions of this Agreement upon thirty (30) days notice to the Customer, advising of the change and the effective date thereof, but with changes in service fees being effective only at the end of any period for which the Customer has prepaid. Utilization of the service by the Customer following the effective date of such change shall constitute acceptance by the Customer of such change(s).

8.   Entire Agreement and Understanding:  This instrument and the application for web space constitute the entire agreement between the parties, and represent the complete and entire understanding of the parties with respect to the subject matter of this Agreement.

EMAIL SOLUTIONS

If you order email services from Buzinessware FZCO ("Buzinessware"), you ("Customer", "You" or "Your") hereby agree to these Terms & Conditions for Email Hosting Services. 
These terms are supplemental to 
Buzinessware's General Terms and Conditions Privacy Policy & Acceptable Use Policy and You will be bound to all of these (collectively referred to as the "Agreement").

If there is any conflict within the Agreement, these Terms & Conditions for Email Hosting Services will prevail.

These additional terms may be amended by Buzinessware at any time and without notice to You. Any changes will be published on the website and will be deemed to have been accepted 7 days after publication.

Hosted Exchange

     I.        Service Definition. Buzinessware will provide Hosted Exchange and other Application Services as defined by the plan or plans purchased by You from Buzinessware (the “Services”).

    II.        Technical Support. Buzinessware will provide 24x7 support to You through Your authorized account contacts t on setting up and configuring Your account, access to the Services, and other issues related to the Services. Only Your authorized account contacts may request information or changes pursuant to the Agreement.

Buzinessware uses commercially reasonable efforts to maintain a standard response time to technical support issues. This response time will depend on the complexity of the inquiry and support request volume. The Technical Support Department assigns the highest priority to customer inquiries related to server unavailability. The estimated time to respond does not apply to inquiries that require extensive research and testing.

   III.        Billing Disputes

Buzinessware must receive notice of billing disputes within thirty (30) days of the date. Your account was invoiced for the Services or You shall be deemed to have accepted such charges.

   IV.        Control Panels and Server Management

a. Account Management Tools. Account holders are provided with Buzinessware’s online account management tool and the end-user control panel. These tools are designed to give You control over Your account and the Services. Technical Support personnel can help You to become familiar with control panels; however, Technical Support shall not be expected to perform for You the tasks that can be done through these panels.

b. Custom Configuration. Requests for modification to the standard configuration will be considered on a case-by-case basis. Approval of such modifications will be at Buzinessware’s sole discretion. Buzinessware does not guarantee any particular result from non-standard configurations nor can it be held liable in any way for Service performance changes or failures which result from non-standard configurations.

c. Additional Services. For the tasks that cannot be performed through the end-user control panel or for services that are not included in the plan or plans purchased by You, You may request Buzinessware perform professional services on a time and materials basis. The request shall include a detailed description of work and the authorized amount of time, in half hour increments, to perform the work. Buzinessware may evaluate and revise the request (including the estimated number of hours to perform the work) and reserves the right, in its sole discretion, to decline any request. Buzinessware will use commercially reasonable efforts to perform requested services. However, it does not guarantee any particular result from performance of services or make any representations or warranties regarding such services nor can it be held liable in any way (including for any credits) for Service performance changes or failures which result from performing tasks requested by You.

    V.        Maintenance

a. Scheduled Maintenance. To ensure optimal performance and security of the Services, Buzinessware will routinely perform maintenance on a regularly scheduled basis within its published maintenance windows. This may require specific Services to be suspended during the maintenance period. Buzinessware schedules maintenance windows according to its policies, which are available upon request. Service unavailability due to scheduled maintenance will be excluded from Your uptime calculations for availability. Buzinessware will use commercially reasonable efforts to notify You in advance of any scheduled maintenance that may adversely affect Your Services.

b. Emergency Maintenance. Under certain circumstances Buzinessware may need to perform emergency maintenance, such as security patch installation or hardware replacement. Buzinessware will not be able to provide You with advanced notice in case of emergency maintenance. Service unavailability due to emergency maintenance will be excluded from the uptime calculations.

c.Hardware Replacement. Buzinessware will use industry standard practices to determine whether server hardware is functioning properly and will replace non-functioning hardware with similarly functioning hardware. Buzinessware shall use commercially reasonable efforts to implement hardware replacement within four hours from the time the problem is identified. In the case where this time is exceeded, the excess downtime is counted against the Service Availability Credit.

   VI.        Service Availability.

a.Uptime. Buzinessware shall provide at least 99.9% Service Availability, measured on a per calendar-month basis. Service Availability is defined as the ability of a user on Your Exchange account to (a) access and retrieve information from his or her mailbox, and (b) send and receive messages via his or her mailbox using the Services, each on per mailbox basis, provided that Your account is active, in good standing and enabled. Unavailability caused by issues beyond Buzinessware’s reasonable control, including denial of service or similar attacks, mail bombs, DNS resolution, Domain Name expiration, Internet availability, SYN attacks, and other events or any other Force Majeure event will be excluded from Service Availability calculations.

b. Service Availability Monitoring

1. Buzinessware monitors its servers and the Services as a whole but does not monitor individual mailbox or mobile device availability. To verify Service Availability, Buzinessware uses a combination of methods to validate availability, including but not limited to Exchange HTTP access availability and internal mail flow monitoring between Edge and Mailbox servers. These checks are run on predetermined intervals with specific failure thresholds with respect to the service being provided. If two or more consecutive tests fail, the lack of Service Availability will be noted as the number of minutes between the first and the last failed tests. Any unavailability less than five minutes in duration will not be recorded.

2. Buzinessware does not guarantee incoming and outgoing mail delivery time and thus it is not included in its calculations or considered an outage if mail flow is delayed. If a delay in mail flow is due to a complete Service, server, or network outage, Service Availability will be calculated related to those services only. Buzinessware will use commercially reasonable efforts to provide reasonable times for incoming and outgoing mail flow.

 VII.        Credit for Service Availability Non-Compliance

Ref: SLA

VIII.        Server Software

· Software Configuration. Buzinessware will exercise industry standard practices to ensure that all pre-installed software is correctly configured. In case there is more than one way to configure the software, Buzinessware will choose the configuration it determines, in its sole discretion, to be the most appropriate.

· Patches, Updates and Service Packs. Buzinessware will use commercially reasonable efforts to promptly install security patches, updates, and service packs. Software updates may change system behavior and functionality and as such may negatively affect the Services purchased by You. Buzinessware cannot foresee nor can it be responsible for service disruption or changes in functionality or performance due to implementation of software patches and upgrades. If such disruption or changes occur, Buzinessware will use commercially reasonable efforts to remedy the situation as soon as possible after being notified of the problem by You.

Required Upgrades. Buzinessware may be required by its software licensors to upgrade to the latest versions of the software. Licensor-required upgrades will be performed free of charge and upon reasonable notice to You. Software upgrades on Buzinessware’s servers will occur at Buzinessware’s discretion upon reasonable notice to You.

· Incompatibilities, Buzinessware is not responsible for problems that may arise from incompatibilities between new versions of the software and Your content, regardless of whether it was a requested, required or a discretionary upgrade. Nevertheless, Buzinessware will use commercially reasonable efforts to assist You in finding a solution.

   IX.        Storage Capacity; Data Transfer; Server Resources. Each account is allotted storage capacity and data transfer amounts on Buzinessware’s servers according to the plan and options selected by You. This storage size and data transfer allotments can be increased through the end-user control panel for an additional charge up to the maximum amount allowed for each plan or service. The servers may stop accepting, processing, or delivering data when the purchased limit is reached thus causing Service unavailability or data loss. Buzinessware shall not be responsible for such unavailability or data losses. Server resources are shared among all customers hosted on the same server(s). Buzinessware configures servers, Services and storage in such a way that You are separated from other customers. However, due to its nature, for shared resources, server and service performance levels cannot be guaranteed.

    X.        Hosted Exchange Limitations

a. Mailbox and Public Folder Storage Capacity. Each mailbox and public folder has their own storage limits. When the storage limit is reached on an individual mailbox or folder, the Exchange servers will stop sending and/or receiving messages or data leading to possible Service unavailability or data loss. To prevent such occurrences, You can manage each mailbox and public folder storage limit, using the end-user control panel. Buzinessware is not responsible for unavailability or data losses caused by any mailbox or folder exceeding its storage limit. You can obtain a detailed disk usage report from the end-user control panel at any time.

b. Log Files. Buzinessware adheres to daily log maintenance and cleans-up schedule in order to optimize disc space for our Services.

c. Top Level Folders and Sub-Folders. The Exchange server itself retains ownership of the two top layers of the public folder hierarchy, “Public Folders”, and under that folder, the “All Public Folders”. This is set by the Exchange server architecture and cannot be modified. The end-user control panel allows You to create and manage Top-Level public folders. Only Top-Level public folders can be made visible in the Global Address List.

d. Address Lists. Buzinessware provides one Global Address List and one Offline Address List for Your account. The Global Address List and Offline Address List are available to all users within Your account. The Global Address List contains all mailboxes, contacts and distribution lists for Your account, unless You explicitly choose to hide any of these objects from Your Global Address List. Your Offline Address List is a replica of Global Address List. Your Offline Address List is used when You are working offline or, in MS Outlook 2003 or above, in the activated cache mode. The Global Address List is replicated to Offline Address List on a daily basis.

e. Anti-Virus Checking. Buzinessware uses third-party, anti-virus software. This software is configured to check all inbound messages. The virus-detecting heuristics of the software are regularly updated. Messages sent between mailboxes on the server are not scanned. If a virus is detected or if a message attachment cannot be scanned (for example, when it is encrypted or corrupted), the message and its attachments may be permanently deleted. For Secure Mail customers, encrypted messages will not be deleted. Messages with attachments larger than 5MB are not scanned. Buzinessware advises You to use up-to-date, local anti-virus software. Buzinessware is not responsible for any damages due to viruses, including infection of end-user devices or lost or corrupted messages.

f. Anti-Spam Message Filter. Buzinessware installs third-party, anti-SPAM software on its servers. This software is configured to check all incoming messages according to the SPAM-detecting heuristics provided with the software. As a part of the anti-SPAM software service, the SPAM-detecting heuristics are regularly updated. Buzinessware is not responsible for any damages due to anti-SPAM filtering, including lost or corrupted messages.

   XI.        Privacy; Confidentiality

Privacy. Buzinessware is committed to protect Your privacy and the confidentiality of Your data to the maximum extent permitted by law and/or accepted by industry standards. We will not access, view or review any of Your private data accessible to us (including but not limited to that contained in Your web server files, e-mail messages, calendars, notes, contacts, memos or public folders) unless:

·         Either You or a government agency or regulatory body specifically requests us to do so;

·         when performing routine backup and restore operations, virus scan and virus removal, spam and content filtering; or

·        if such access, view or review is urgent and necessary to protect personal safety, perform troubleshooting, restore systems operation in the event of a server failure, remove illegal or offending (e.g. pornographic, violating our policies, etc.) content or prevent a server failure, Service outage or other damage.

Under no other circumstances will Buzinessware access Your private data or share Your confidential data with any third parties without Your prior permission, except to the extent required by law or governmental or regulatory body or necessary to render our services to You.

Data Restoration from Back-Up Request. Data restore requests initiated by the client, not related to the data recovery guarantee as described in section XII, can be initiated through a Technical Support notification, subject to availability of the back-up data. Buzinessware performs routine server backups for disaster recovery purposes only. Server backup scope and scheduling is at Buzinessware’s sole discretion. Buzinessware DOES NOT MAINTAIN HISTORICAL BACK-UP COPIES FOR THE PURPOSE OF POINT IN TIME DATA RECOVERY UNLESS SPECIFICALLY AGREED TO IN A CUSTOM SERVICE ORDER.

Data Retention. While Your account is active, Buzinessware shall retain Your data, including but not limited to the content of private mailboxes and public folders within the database information store, active directory, log files and backup copies. Buzinessware shall not be responsible for retaining any of Your data after account termination. All data is deleted from the servers after Your account is terminated and from backups during scheduled backup rotation. Buzinessware shall not restore, provide on any storage media or send out any data pertaining to terminated accounts, unless specifically noted in a customized service agreement.

Customer Responsibilities. To access Buzinessware services You must provide at the very minimum:

     an Internet connection with sufficient bandwidth and quality to allow trouble-free browsing, data uploading and downloading and that does not constrain Microsoft® Exchange functionality;

       Windows XP or later to access the Exchange server using Microsoft ® Outlook RPC/HTTP;

       a fully functional Internet browser to access the end-user control panel, MailboxManager and Exchange server using OWA; and

       a fully functional POP/IMAP/SMTP e-mail program (client) such as Microsoft® Outlook Express.

Acceptable Usage and No-Spam Policies. Buzinessware adheres to Acceptable Usage and Anti-Spam policies. Please refer to Buzinessware’s Acceptable Terms of Service at https://buzinessware.com/terms-of-service.html for further information.

 Office365

Customer shall agree and acknowledge that:

1. Buzinessware’s Email and Anti-Spam Policy is applicable to Office365.

2. Role of Buzinessware is only providing License to Customers.

3. Customer shall click below link from Microsoft for Service Level Agreement. http://www.microsoftvolumelicensing.com/Downloader.aspx?DocumentId=9447

4. Buzinessware is no way liable for any loss of mails, profits, or business due to downtime or delay in mail delivery as Buzinessware do not have any control on servers of MICROSOFT from where Office365 runs.

5. LIMITATION of LIABILITY and INDEMNIFICATION mentioned in Buzinessware’s General Terms and Conditions are applicable to Office365 service too.

6. Buzinessware keeps right to terminate or Suspend Customer’s Accounts/License at its sole and absolute discretion, if any breach of Buzinessware’s Terms of Service or Microsoft’s Terms & Conditions noticed. Action shall be taken without any notice.ument here

These Terms and Conditions (“Agreement”) governs the use of the services (“Service” or “Services”) that are made available by Buzinessware FZCO. (“Buzinessware”, “we” or “us”). These Terms and Conditions represent the whole agreement and understanding between Buzinessware and the individual or entity who subscribes to our service (“Customer”, “Member”, ‘Client” or “you”).

1. Agreement:

 As referred to herein, “Agreement” means this Cloud Services Agreement, together with all policies and agreements that are incorporated herein by reference, including the General Terms and Conditions, Acceptable Usage Policy and Privacy Policy. This Agreement sets forth the terms and conditions that apply to the Cloud Services. This Agreement does not apply to Virtual Servers that are identified as managed in a Service Order and purchased for a committed term under a separate Master Service Agreement with us.

2. Services:

All Cloud Servers and any additional unmanaged services that we make available to you through our Cloud Services Website at http://bw.ae, including any related support services or Documentation we may provide, are collectively referred to in this Agreement as the “Cloud Services”. The Cloud Services, including all Cloud Servers, are unmanaged. We reserve the right to modify the Cloud Services at any time and without advance notice. Content used in connection with a prior version of the Cloud Services may be incompatible with a subsequent version of the Cloud Services.

3. Term:

 The term of this Agreement (“Term”) will begin when the first of the following occurs: (i) you complete the registration process for your Cloud Services account online at http://bw.ae and accept the terms and conditions in this Agreement by placing a check mark in the box below and pressing continue; (ii) both parties have signed a signature page, if any, for this Cloud Server Agreement; or (iii) you use the Cloud Services. This Agreement will remain in effect until terminated by you or us in accordance with Section 4.

4. Free Trial Terms and Conditions:
The following terms and conditions will apply if you have created cloud server for Free Trial:

1      The free trial shall last for a period of 30 days only. After the 30th day of free trial, regular price for the hosting service will be charged unless you terminate the instance before the trial ends

2      Free Trial is available only for General Purpose Cloud Instance with Linux OS and following configurations. 1vCPU | 0.5GB RAM | 10GB DISK SPACE

3      All customers signing up for the free trial will be required to submit credit card details as part of the process, to allow automatic payments once the free trial period finishes

4      Customers not wishing to continue the cloud server once the free trial ends must terminate the instance from control panel (https://cp.buzinessware.com) 60 minutes before the trial ends. Reminder emails will be sent from 7 days before the due date till end of free trial

5      Customers can create an instance for free trial only once

6      Notice will be sent if payment fails for any reason. It is the customers responsibility to make sure payment details are correct to allow successful renewal payments

7      Bandwidth usage during free trial period will be charged at AED 0.50/GB (USD 0.1371/GB. Bandwidth usage will be calculated at the end of trial period and will be deducted from your credit card. An invoice will be sent immediately after calculation

8      Buzinessware reserves the right to remove or cancel the free trial offer at any time

9      Buzinessware reserves the right to change the features of the free trial offer at any time

10      Buzinessware reviews all orders and reserves the right to deny or cancel free trial at any time and for any reason

4. Suspension and Termination by Buzinessware:

 (a) FOR CAUSE. We may immediately (and without prior notice) suspend or terminate all or part of the Cloud Services by sending you a written notice of termination if one or more of the following occurs: (i) we discover that you provided us with false information when you registered for Cloud Services, or that you lacked the capacity to enter into this Agreement at the time of signup; (ii) we determine, in our sole discretion, that your use of the Cloud Services poses a threat to the security or performance of our network or to any of our clients or suppliers; (iii) we determine, in our sole discretion, that your use of the Cloud Services is illegal, or that it misappropriated or infringes the property rights of a third party; (iv) we reasonably believe that your use of the Cloud Services has or will subject Buzinessware to civil or criminal liability; (v) you become the subject of an involuntary or voluntary bankruptcy or similar proceeding, or you assign all or substantially all of your assets for the benefit of creditors; (vi) you fail to make any payment when due or if your credit card is declined; (vii) you use cloud resources in an attempt to gain unauthorised access to computer systems (i.e., “hacking”); or (viii) you breach any of the other terms and conditions in this Agreement, including the Acceptable Usage Policy. (b) WITHOUT CAUSE. We may suspend or terminate all or part of the Cloud Services in the absence of cause by providing you with thirty (30) days’ advance notice of the termination in accordance with the notice provisions in Section 30 below.

5. Termination by You:

 You may terminate this Agreement at any time and for any reason (or no reason at all) by providing us with a written notice of termination in accordance with the notice provisions in Section 30 below and closing your Cloud Services account online at http://bw.ae.

6. Effect Of Suspension and Termination:

(a) SUSPENSION: The Cloud Services will be unavailable in whole or in part during any suspension, and you may not have access to your data. Fees may continue to accrue during a suspension, and we may charge you a reinstatement fee following any suspension of your Cloud Services.

(b) TERMINATION: Effective immediately upon the termination of this Agreement, the Cloud Services will no longer be available and we will permanently erase all data stored on the Infrastructure. All Confidential Information and Documentation, including all copies thereof, must be returned to us or permanently destroyed. On our written request, you agree to certify in writing that you are no longer in possession of any Confidential Information or Documentation.

7. AMENDMENTS: Except as provided in this Section 7, no amendment to this Agreement will be effective unless it is in writing and signed by both parties. Buzinessware may amend this Agreement by posting the modified version online at https://buzinessware.com/terms-of-service.html. Amendments to this Agreement will become effective upon the earlier to occur of (i) your acceptance of the amended terms by clicking an online confirmation or acceptance button, or by clicking an acceptance link provided in an email we send to you; or (ii) thirty (30) days after Buzinessware provides you with notice of the amendment in accordance with the notice provisions in Section 30. Your continued use of the Cloud Services after the effective date of an amendment to this Agreement will be deemed to be your acceptance of that amendment.

8. Service Level Agreement:

Ref: SLA

9. Security:

You shall agree and acknowledge that you bear the sole responsibility for the security of the Cloud Services. You agree to implement security measures that are commercially reasonable for your use of the Cloud Services, including encryption technologies, password and user ID requirements, and procedures regarding the application of security patches and updates. Neither we nor any of our employees, agents, representatives, service suppliers or licensors will be liable for unauthorized access (i.E., Hacking) into the cloud servers or your transmission facilities, premises or equipment, or for unauthorized access to data files, programs, procedures or information thereon, unless and only to the extent that this disclaimer is prohibited by applicable law.

10. Content:

 You are solely responsible for the selection, compatibility, licensing, development, accuracy, performance, operation, maintenance, and support of all Applications, information, software, and data, including any hypertext markup language files, scripts, programs, recordings, sound, music, graphics, images, applets or servlets that you or your subcontractors or end users create, install, upload or transfer on, from or through the Cloud Servers (“Content”). We may immediately (and without prior notice) block access to any Content on the Cloud Services (i) that we believe violates the law, misappropriated or infringes the intellectual property rights of a third party, or violates the terms and conditions of this Agreement; or an order issued by a court or government agency.

11. Backups:

Notwithstanding anything in this Agreement to the contrary, you are solely responsible for backing up all Content on the Cloud Servers and for implementing snapshots of your Cloud Servers. You acknowledge that snapshots will not record an autonomous copy of any file and that you cannot restore lost data from a snapshot. Snapshots may enable you to restore your system to a specific point in time, but they are not an adequate backup solution. You agree to independently create and maintain outside of the Cloud Services a current backup copy of all content stored on the Cloud Servers.

12. Software:

We will provide you with access to certain software products as part of the Cloud Services. We make no representations or warranty whatsoever regarding any software product or related support services that we may provide and, as between you and us, such products and related support services are provided “AS IS.” You are not granted any title or intellectual property rights in or to any software provided as part of the Cloud Services, and you may only use that software in connection with the Cloud Services as permitted under this Agreement. Your acceptance or use of software provided as part of the Cloud Services is deemed to be an acceptance by you of the license or other agreement that governs the use of that software. You shall not (i) copy any software; (ii) remove, modify, or obscure any copyright, trademark or other proprietary rights notices that appear on any software or appear during its use; or (iii) reverse engineer, decompile or disassemble any software. In addition to the other terms in this Agreement, your use of any third party licensed software installed by us is governed by the terms and conditions of the vendor. You shall obtain all consents and licenses required for both parties to legally access and use all software that you place on the Cloud Servers without infringing any ownership or intellectual property rights. Upon our request, you shall provide reasonable proof to us that you have obtained such consents and licenses. We will be relieved of any obligations under this Agreement that are adversely affected by your failure to obtain any required consents or licenses, or to promptly furnish reasonable evidence you have obtained those consents or licenses.

13. Maintenance:

SERVICE MODIFICATIONS AND DISCONTINUANCE: In addition to our right to suspend or terminate the Cloud Services in accordance with Section 4 , we may suspend all or part of the Cloud Services without liability or prior notice to you (i) in order to maintain (i.e., modify, upgrade, patch, or repair) our Infrastructure or any Cloud Servers; (ii) as we determine may be required by law or regulation; or (iii) as we determine to be necessary to protect our Infrastructure and clients from unauthorized access or an attack on the Cloud Services. Notwithstanding the foregoing, we will endeavor in good faith to provide you with advance notice of any suspension or termination under this Section 22 in accordance with the notice provisions in Section 30 and we will provide you with notice of the suspension or termination as soon as it becomes practicable for us to do so.

14. Support:

The Cloud Services will be provided without live support. Technical support will be limited to the online resources we make available to you on the Cloud Services Website. You may direct questions regarding your billing to us at billing@bw.ae. No support, advice or information relating to the cloud services that you obtain from buzinessware or from any third party, or that you obtain through the cloud services, will create any warranty that is not expressly written in this agreement.

15. High Risk Use:

 You may not use the Cloud Services for any application where a failure of those Cloud Services could result in death, serious injury, environmental damage or property damage. Examples of prohibited uses include medical life support devices, water treatment facilities, nuclear facilities, weapons systems, chemical facilities, mass transportation, aviation and flammable environments. You acknowledge that we make no assurances that the Cloud Services are suitable for any high-risk use.

17. Intellectual Property:

 Except for the rights provided in this Section 26, this Agreement does not convey to either of us any ownership right or license to use, sell, exploit, copy or further develop the other party’s Confidential Information (as defined in Section 34) or intellectual property, including patents, copyrights, trademarks, trade names and trade secrets. We have the exclusive right and title to any intellectual property developed by us during and in connection with providing the Cloud Services to you. (a) Buzinessware CONTENT. The Cloud Services may include various utility and deployment scripts, customisations to templates, code extending the functionality of third-party applications licensed to us, printed and electronic Documentation, and other data that we have or may develop at our own expense before and during the Term (the “Buzinessware Content”). Subject to your compliance with this Agreement, we grant to you a limited, non-exclusive, non-transferable, worldwide, royalty-free license to use Buzinessware Content during the Term solely to access and use the Cloud Services in accordance with the terms and conditions of this Agreement. You may not translate, reverse engineer, decompile, disassemble, rent, lease, assign, transfer, re-distribute, or sublicense any Buzinessware Content. (b) Buzinessware TRADEMARKS. Subject to our prior written approval as to form, content, use, and appearance, you may only use our trademarks, service marks, service or trade names, logos, and other designations in accordance with any trademark guidelines that we may publish on the Cloud Services Website from time to time.

18. Relationship of The Parties:

 We on one hand, and you on the other, are each independent parties. This Agreement and any transaction under it do not create an agency, joint venture, or partnership between us and you. We do not have a landlord-tenant relationship with you, and we are not your bailee or warehouseman with respect to any data or Content. You have no right to access our premises or data centers and no right to possess or own any IP address, software, server hardware or other equipment included in the Cloud Services.

19. Ip Addresses:

 Any public or private IP address allocated for you to use as a part of the Cloud Services will remain allocated to you until (i) you release the IP address using the Cloud Services portal; (ii) your Cloud Services are terminated for any reason; or (iii) we decide to change any IP address, which we may do at any time and in our sole discretion by providing you with five (5) days’ prior notice of the change in accordance with the notice provisions in Section 30 below. Upon termination of this Agreement, you may no longer use any IP addresses or address blocks that we provided for your use in connection with the Cloud Services.

20. Notices:

 (a) FROM US. Except as otherwise provided herein, notices we send to you under this Agreement must be sent by email to the email address included in your Cloud Services profile at the time we send our notice. You are responsible for keeping your email address current and accurate at all times. Any notice we send to the then-current email address in your Cloud Services profile will be deemed to be received when it is sent even if you do not actually receive it. (b) FROM YOU. Except as otherwise provided herein, notices you send to us under this Agreement must be in Email and sent to billing@bw.ae; or (c) WHEN EFFECTIVE. A notice under this Agreement is effective when received. An email notice under this Agreement will be deemed received when sent.

21. Representations:

 You represent and warrant to us that (i) the information you provide in connection with your registration for Cloud Services is accurate and complete; (ii) no Content on the Cloud Servers is illegal, defamatory, malicious, harmful, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) you accurately and adequately disclose how you collect and treat data collected from visitors to any Website or users of any Application on the Cloud Servers; (iv) your use of the Cloud Services will comply with all applicable laws, rules and regulations; (v) you will not attempt to circumvent or disable any of the security-related, management, or administrative features of the Cloud Services; (vi) you have obtained all consents and licenses required for both of us to legally access and use all software you place on the Cloud Servers without infringing any ownership or intellectual property rights; (vii) the execution and delivery of this Agreement will not conflict with or violate any provision of your charter, by-laws or other governing documents; and (viii) you have otherwise taken all necessary steps to legally execute this Agreement.

22. Neutral Interpretation:

This Agreement will be construed and interpreted in a neutral manner. No rule of construction or interpretation will apply against either you or us.

23. Force Majeure:

 If the performance of any part of this Agreement, other than the payment of money, is prevented or delayed by reason of an act of God, act of war, act of terrorism, fire, governmental action, labor dispute or other cause beyond the performing party’s control, then that party will be excused from performance for the length of that prevention or delay.

24. Confidentiality:

 If the parties have entered into a separate agreement that includes restrictions on the use or disclosure of confidential information, such as a separate Master Service Agreement for managed services, and one of confidentiality provisions conflicts with a confidentiality provision in this Agreement, the provision that affords a greater level of protection to the disclosing party will control and be enforced to the maximum extent permitted by law. (a) CONFIDENTIAL INFORMATION. As used in this Agreement, “Confidential Information” means (i) with respect to us, server configurations, software configurations, proprietary information, proprietary technology, proprietary software, audit reports, information regarding product development, information regarding Buzinessware’ datacenters, and information contained in manuals, proposals or memoranda; (ii) with respect to you, non-public Content transmitted to or from, or stored on, the Cloud Servers; and (iii) with respect to both of us, information that is conspicuously marked as “confidential” or “proprietary,” information disclosed verbally that is designated as “confidential” or “proprietary” at the time of disclosure, and information that, by its nature, would reasonably be considered as confidential to any other person, firm or corporation. (b) EXCLUSIONS. Confidential Information does not include (i) information that is independently developed by a non-disclosing party without the use of the disclosing party’s Confidential Information as shown by the non-disclosing party’s written business records; (ii) information that is known by a non-disclosing party prior to disclosure by the disclosing party as shown by the non-disclosing party’s written business records; or (iii) information that is or becomes generally available to the non-disclosing party or the public other than through a violation of this Agreement. (c) RESTRICTIONS ON USE AND DISCLOSURE. A party shall not disclose the other party’s Confidential Information except (i) on a need-to-know basis, to its agents, employees and representatives who are bound by confidentiality restrictions at least as stringent as those stated in this Agreement; or (ii) as required by law, governmental regulation or requirement, court order, or subpoena, in which case and subject to applicable law, the non-disclosing party shall provide prompt notice to the disclosing party so that the disclosing party may seek a protective order or other appropriate remedy. A party shall not use Confidential Information except as required to perform its obligations under this Agreement. (d) STANDARD OF CARE. Each party shall use the same degree of care to protect the other party’s Confidential Information that it uses to protect its own highly confidential information from unauthorised disclosure, but in no event shall either party use less than a commercially reasonable degree of care. The non-disclosing party shall notify the disclosing party promptly upon its discovery of any unauthorised use or disclosure of Confidential Information by the non-disclosing party’s employees, representatives, or agents, and will use commercially reasonable efforts to cooperate with the disclosing party to regain possession of all Confidential Information and to prevent any further unauthorised use or disclosure.

25. Assignment; Resale; Binding Effect:

 You may not assign this Agreement or resell the right to use the Cloud Services without our prior written consent. This Agreement will be binding upon and inure to the benefit of all of our and your successors and assigns, which will be bound by all of the obligations of their predecessors or assignors.

26. Subcontract:

 We may subcontract any portion of the Cloud Services to a third-party contractor, provided that we will remain fully responsible to you for the Cloud Services pursuant to this Agreement. Any subcontractor will be deemed to be an independent contractor and not our partner, agent, or employee. We may collect and report anonymous information regarding your use of the Cloud Services to our subcontractors, licensors or suppliers as required providing you with the Cloud Services.

27. Definitions:

 (a) “Application” means software that performs a specific task, as opposed to an operating system, which runs a computer or server. (b) “Business day” means Sunday to Thursday, except Dubai National holidays. (c) “Cloud Server” means an unmanaged Virtual Server that is running on the Infrastructure. (d) “Documentation” means any written materials that we may provide to you regarding or relating in any way to the Cloud Services, including any printed or digital materials. (e) “Infrastructure” means the data centers, security devices, cables, routers, switches, hosts, compute nodes, physical servers, and other equipment that we use to host Virtual Servers. (f) “Virtual Server” means one of any number of isolated server emulators running on a single physical server located on the Infrastructure.

 

AGREEMENT

The following terms of service (these “Terms of Service” or this “Agreement”) govern the provision by Buzinessware FZCO to the customer executing this purchase (“Customer”), of the products and services described in (i) the Quote submitted in connection with this purchase, (ii) the Service Level Agreement ( the “SLA” as described in the quote ) governing the Customer’s limited right to recover certain service credits. These Terms of Service shall be effective as of the date that Customer accepts and places the purchase order, reviews the account activation mail and thereby accepts these Terms of Services (the “Effective Date”). These Terms of Service hereby incorporate by reference the SLA, Buzinessware’s Acceptable Usage Policy (as in effect from time to time as set forth on website, the “AUP”) and the Quote and Account activation mail each of which is made a part of these Terms of Service and collectively referred to herein as the “Agreement.” Capitalized terms used herein without being defined herein shall have the meaning ascribed to such capitalized term in the SLA or AUP, as applicable. Customer’s use of Buzinessware or its Vendors/service providers website, Network, Products and Services is also subject to Customer’s acceptance and compliance with Buzinesswares Privacy Policy which Buzinessware hereby reserves the right to amend, alter, modify, replace or suspend, from time to time in its sole discretion. Current copies of SLA, AUP and Privacy Policy may be reviewed or printed by Customer at the Legal section of Buzinesswares website. CUSTOMER HEREBY REPRESENTS AND WARRANTS THAT IT HAS READ, UNDERSTOOD AND ACCEPTED THE TERMS OF THE SLA AND AUP. By submitting an Order after reading the Quote and receiving the Account activation mail for Buzinessware Network , Managed services (as defined in the SLA), Dedicated servers, collocated servers , Customer hereby agrees to the terms and conditions of the Agreement.

1Terms and conditions of Upstream Service Provider: The provisioning of customers server for collocated or dedicated server is purchased by Buzinessware from a upstream service provider or Data Center based on the Quote submitted to the customer. Buzinessware agrees to the Terms and Conditions and AUP of the Data center / Service Provider on behalf of the customer at the time of making purchase. Customer hereby accepts the terms and AUP of the respective data center and releases Buzinessware of any obligations.

2Services and Monthly Commitments: Buzinessware agrees to provide the Products and Services in accordance with the terms and conditions of this Agreement beginning on the Effective Date.

3Term and Renewal: Unless Customer agrees to a one-year term or unless otherwise stated in an Order or any service description, the initial term (“Initial Term”) of this Agreement shall be month-to-month, commencing on the Effective Date and shall automatically renew (A) in the case of a month-to-month term, the first day of each month for successive one-month periods unless cancelled or terminated earlier pursuant to the express terms of this Agreement or (B) in the case of a one-year term, each yearly anniversary of the Effective Date for successive one-year periods unless cancelled or terminated earlier pursuant to the express terms of this Agreement (in each case, a “Renewal Period”). Customer agrees to be bound by the service term selected on the Order. Buzinessware may cancel or elect not to renew the Products and Services for any reason or no reason at all by delivering to Customer a written notice of non-renewal at least Five (5) days prior to the expiration of the Initial Term or the then-current Renewal Period, as applicable.

4Customer Cancellation or Non-Renewal: In order to cancel or elect not to renew any Product or Service, Customer must

(i) Submit a service cancellation request (a “Cancellation Notice”) at least 7 days prior to expiration of the Initial Term or the then-current Renewal Term and

(ii) Upon submission of the Cancellation Notice Customer must contact via telephone a Buzinessware customer service representative to confirm the information set forth on the Cancellation Notice, unless otherwise instructed in writing by Buzinessware to do so otherwise. Customer acknowledges and agrees that no product and service will be cancelled, all products and services shall continue to renew and customer will continue to be billed for all products and services unless customer confirms via telephone the information provided in the cancellation notice as provided in section 4 clause (ii) above .

5Termination: Buzinessware may immediately terminate this Agreement at any time, and without liability, upon the occurrence of any of the following events (“Buzinessware Termination”): (i) Customer’s failure to pay any overdue amount within ten days after written notice by Buzinessware is given to Customer or

(ii) Customer’s material breach or violation of any provision of this Agreement or the agreement of the upstream service provider (other than such violations set forth in clauses(iii), (iv) and (v) below) that is not cured within ten (10) days of Customer’s receipt of written notice from Buzinessware referencing such breach or violation;

(iii) Customer ceasing to do business in the normal course, becoming or being declared insolvent or bankrupt, being the subject of any proceeding relating to liquidation or insolvency which is not dismissed within ninety (90) calendar days, or making an assignment for the benefit of its creditors;

(iv) Customer’s violation of the AUP or the Privacy Policy; or

(v) Buzinessware determines in its sole discretion that Customer continues to host content that may subject Buzinessware to legal liability (in which case, Buzinessware may terminate or modify the Products and Services to avoid such liability). Customer may terminate this Agreement with respect to all, and not less than all, of the Products and Services without liability (except for Charges due through the effective date of such termination) upon the occurrence of a material breach by Buzinessware of its obligations to provide the Products and Services according to the terms of this Agreement that is not cured within ten (10) business days after written notice from Customer describing such breach in detail is received by Buzinessware (“Customer Termination”). In the event of a Customer Termination, Customer shall pay

(1) All outstanding amounts payable through the effective date of such termination and

(2) If the Products and Services include software for which Buzinessware does not then provide general customer support, Customer shall pay to Buzinessware an amount equal to Buzinessware’s cost of such software for the entire Initial Term and any applicable Renewal Periods. If Customer terminates this Agreement for any reason other than a Customer Termination, Customer shall pay to Buzinessware an amount equal to all unpaid Charges through the effective date of such termination and (A) in the case of any Product and Service subscribed for on a month-to-month basis, all Charges for the Products and Services through the remainder of the Initial Term or the then-current Renewal Term, as applicable and (B) in the case of any Product and Service subscribed for other than on a month-to-month basis, all Charges for the Products and Services through the remainder of the Initial Term or the then-current Renewal Term, as applicable, calculated based upon the then-current Minimum Monthly Commitment payable by Customer upon the date of termination. Customer acknowledges that customer will not be entitled to any refund or credit in the event that any product or service that is provided on the basis of a one-year term is terminated, with or without cause, prior to the expiration of the one-year term. Customer hereby waives all rights to any such refund or credit. Upon termination of this Agreement, Buzinessware and Customer shall have no obligations to each other, except as provided for in this Agreement. Upon termination of this Agreement, Customer shall (i) pay all Charges and other amounts due and owing to Buzinessware under these Terms of Service, (ii) immediately remove from Buzinessware’s or upstream providers premises all property owned by Customer, including, but not limited to, immediately removing all of Customer’s data from Buzinessware or Upstream providers network (including all servers owned or operated by Buzinessware or the Upstream service provider ), and (iii) return to Buzinessware all software, access keys, and any other property provided to Customer by Buzinessware or the Upstream service provider under this Agreement. Any physical property of Customer not removed from Buzinessware’s or the Upstream service provider premises within forty five (45) days after such termination shall become the property of Buzinessware , which may, among other things, dispose of such property without the payment of any compensation to Customer. Sections 5, 6, 7, 8 and 9 shall survive the expiration, cancellation and termination of this Agreement for any reason.

6Disclaimers; Limitation on Company Liability:

Buzinessware shall not be liable for (i) any indirect, incidental, special or consequential damages, or for any loss of profits or loss of revenue resulting from the use of the products and services by the customer or any third parties or any failure of the products and services or (ii) any loss of data resulting from delays, non deliveries, misdeliveries or service interruptions. In no event shall Buzinessware’s aggregate liability for any claim under this agreement exceed the aggregate amount paid by customer to buzinessware in the billing cycle immediately preceding such claim. Buzinessware provides all products and services “as is,” without warranty of any kind, whether express or implied and disclaims all implied warranties, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. Customer shall be solely responsible for the selection, use and suitability of the products and services and buzinessware shall have no liability therefore. No claim may be asserted by customer against buzinessware more than one (1) year following the date of the event that underlies any such claim. Customer hereby acknowledges and agrees that its sole remedy in the event of Buzinessware’s failure to provide any products and services in accordance with the terms of this agreement as a result of a “qualified downtime event” (as defined in the SLA) shall be the right to service credits (as defined in the SLA) solely as provided for in the SLA.

7. Waiver: It is agreed that no waiver by any party hereto of any breach or default of any of the covenants or agreements herein set forth shall be deemed a waiver as to any subsequent and/or similar breach or default.

8. Severability: If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected.

9. Force Majeure: Neither party shall lose any rights hereunder or be liable to the other party for damages or losses on account of failure of performance by the defaulting party if the failure is occasioned by any occurrence or contingency beyond its reasonable control, including war, strike, fire, Act of God, earthquake, flood, lockout, embargo, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of the nonperforming party; provided that such party shall use commercially reasonable efforts to promptly mitigate any damages or losses.

10. Buzinessware’s Use of Customer’s Name: Customer agrees that Buzinessware may, upon written consent by Customer, publicly disclose that Buzinessware is providing services to Customer and may include Customer’s name in any promotional materials, such as press releases or Buzinessware’s web site. Neither party may publicly use the other party’s logo or other trade or service mark without that party’s written consent.

11. Non-Solicitation: During the term of this Agreement and for twelve (12) months following termination of this Agreement, Customer agrees that it shall not solicit for employment with Customer (or with any other party) any employee of Buzinessware or interfere in the employment relationship between Buzinessware and any of its employees with whom Customer has had contact in connection with this Agreement.

12. Ownership: Buzinessware shall be the sole owner of all intellectual property, and all derivatives thereof, that Buzinessware may develop in the course of providing the Products and Services. Each party to this Agreement retains exclusive ownership and rights in its trade secrets, inventions, copyrights, and other intellectual property. Upon termination of the Agreement, Customer agrees to promptly release any Internet protocol numbers, addresses, or address blocks assigned to Customer in connection with the Products and Services.

13. Customer Hardware: Buzinessware acknowledges and agrees that the hardware provided by Customer to Buzinessware to be used in connection with any Products and Services (the “Customer Hardware”) is the property of Customer and shall be tagged and identified as such. Buzinessware shall not pledge, hypothecate or otherwise encumber the Customer Hardware in any way and upon demand by Customer shall surrender the Customer Hardware to Customer, unless Customer fails to remove such Customer Hardware as provided for in Section 5 above.

14. Third-Party Beneficiaries: There shall be no third party beneficiaries to the Agreement, including customers, employees, agents, or insurers.

15. Assignment: This Agreement shall not be assignable by Customer without Buzinessware’s prior written consent. Buzinessware may assign the Agreement in whole or in part upon written notice to Customer. This Agreement shall be binding upon and accrue to the benefit of any permitted assignee, and any such assignee shall agree to perform the obligations of the assignor. 

This Agreement is executed at Dubai by and between Buzinessware (the ‘provider’, the ‘we’, the ‘us’, the ‘Party of the first part’) and company/individual (the ‘Reseller’, the ‘customer’, the ‘you’, the ‘your’, the ‘Party of the second part’) purchased reseller account with us”.

Please read this agreement carefully. By submitting an order or by accessing or using the site or services, you agree that you have read, understand, acknowledge and agree to be bound by the terms and conditions set out in this agreement. If you do not agree to this agreement, or do not meet the qualifications included in this agreement, Buzinessware is not willing to provide you with access to or use of the site or services and you must not access or use the site or services. If you access or use the site or services, you acknowledge that you meet the qualifications included in this agreement and agree to be bound by this agreement. Buzinessware may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that Buzinessware believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party. All services offered by Buzinessware are governed by this General Terms and Conditions along with subsequent Policies and Agreements.

As a World Wide Web service provider, the party of the First Part provides dedicated server computers which are integrated into the Internet. These server computers shall send and receive information in relationship to the World Wide Web. The Party of the First Part has its web hosting services and their add-on features for all kinds of needs.

And whereas the party of the Second Part has approached the party of the First Part for being a Reseller of its web hosting services.

And whereas the party of the First Part has agreed to appoint the party of the second part as its Reseller.

And whereas both the parties to this agreement have agreed upon the terms of the resellership of web hosting services and the same are reduced into writing by means of this present agreement.

Now this deed of agreement witnesseth as under

Service Description
That the Party of the First Part has various Web Services which are detailed in our site, appended to this present agreement and the contents of the same will also be read as part and parcel of the present agreement. The Party of the Second Part has agreed to utilise the said services of the Party of the First Part.

Reseller, as an independent contractor, shall provide either business and/or individual customers for services in the market area. Reseller is to purchase web-hosting services from the party of the first part and resell to third party unrelated customers. The party of the first part shall provide access through its web hosting services into the Internet for Reseller, which in turn, shall “resell” said access to its own customers for which it shall be entitled to charge a fee.

A minimum fee for said service shall be set by the party of the first part in accordance with the schedule set forth.

Reseller responsibility hereunder is to market, advertise, and otherwise solicit customers for the party of the first part’s service and to sign said individuals to web site contracts. Once said customers have entered into such an agreement and avail themselves of the services provided by Buzinessware, Reseller shall act as the intermediary between Buzinessware and Said customer to process complaints, answer questions, and to otherwise assist the customer during the term of its contract with Reseller. The Reseller shall have been doing business exclusively with Buzinessware and with no other person and/or company and/or legal entity. The Reseller shall not be entitled for the usage of the logo and style and name of Buzinessware on its letterheads, cards, and websites. Reseller shall have a link with the website of Buzinessware. The Reseller is making a onetime sign up payment of One Thousand AE Dirhams (AED 1000.00) only with a commitment of sales on monthly basis. Reseller shall translate all contracts and documents prepared by Buzinessware into the native language of the customer, and shall use its best efforts to monitor the usage by said customer to ensure that said usage does not violate any laws of the jurisdiction in which Reseller and customer are situate, nor violate any laws or regulations of United Arab Emirates. As part of its efforts to monitor the usage by its customers, Reseller agrees to include in its contracts with its customers language similar to section 2, Service Usage, subsections A and B of this contract.

Service Usage
A. Legal Parameters: This service may be utilized only for lawful purposes, and the usage of the service in connection with or adjunct to any matter or thing which violates any foreign, municipal, state, central or national statute or regulation is prohibited. Reseller agrees to indemnify and hold harmless Buzinessware from and against any and all claims, actions, causes of actions, administrative or government action, losses or damages (including legal fees and expenses) arising from the usage by Reseller and/or Reseller’s customers of the service in violation of this paragraph.
B. Unilateral Service Revocation: In the event that Buzinessware, at any time, believes that the service is being utilised by the Reseller customers in contravention of the terms and provisions of this contract, Buzinessware may, at its sole discretion, immediately discontinue such service to Reseller individual customers as the case may be, without liability other than for the refund of unearned prepaid service fees.

No Warranties
With respect to the service to be provided hereunder, Reseller acknowledges that Buzinessware makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness of this service for a particular purpose. As a result, Reseller agrees that Buzinessware shall not be liable to Reseller or any of its customers for any claims or damages which may be suffered by Reseller or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, non deliveries, or service interruptions whether or not caused by the fault or negligence of Buzinessware. Reseller hereby agrees to indemnify and hold harmless Buzinessware against Buzinessware customers.

Use Of Information
The utilisation of any data or information received by the Reseller or its customers from the utilisation of the service to be provided by Buzinessware is at Reseller and its customer’s sole and absolute risk. Buzinessware specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.

DOMAIN NAME
If Buzinessware shall acquire an Internet Domain Name on behalf of the Reseller or any of its Customers, then in such case the Reseller hereby waives, and Reseller’s customer must waive in writing prior to acquisition of said domain name, any and all claims which it may have against Buzinessware for any loss, damage, claim or expense arising out of, or in relation to, the registration of such Domain Name in any online or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of services by Buzinessware for any reason. Any costs of Buzinessware in obtaining or maintaining a domain name for Reseller or its customers shall be immediately reimbursed to Buzinessware upon invoice from Buzinessware to Resellers.

Service Fees and Invoicing
Resellers , for each new customer account activated, shall pay the initial fees set forth, prior to the commencement of service. Thereafter, Resellers shall be invoiced in advance for a minimum one year period, at least fifteen (15) days prior to the expiration of the then current one year period. Payment of the service fee is due prior to the first day of said one year period. In the event that Reseller shall fail to pay for such services in advance of that one year period, then Buzinessware shall be entitled to unilaterally terminate this agreement and discontinue the service of Reseller or the applicable account for which payment has not been received. The indemnification and limits of liability provisions of paragraphs 2 and 3 shall survive any such termination. Upon payment of the charges due hereunder, Buzinessware may, at its sole discretion, re-institute service, at which time all terms and conditions of this contract shall continue in full force and effect. Any service disconnection or suspension shall require AED 100.00 as reconnection fee.

Additional Terms
All support inquiries are to be initiated via email to: iaassupport@bw.ae. Buzinessware will make a diligent effort to resolve any problem related to Buzinessware ‘s hardware or supporting software. Buzinessware is no longer responsible to provide any support to Reseller’s customers.

Fees
In consideration of the services provided by Buzinessware to Reseller and Reseller customer hereunder, Reseller shall receive a discounted rates from Buzinessware. Buzinessware shall invoice Reseller for each new order, who shall in turn further invoice to their clients.

Independent Contractor:
For any and all legal, corporate, or financial purposes, Reseller shall be considered to be an independent contractor of Buzinessware. Reseller shall be responsible for all expenses incurred by it which in any way arise out of this contract. Reseller shall further be responsible for payment of his/her own income and other taxes of whatever nature, including those of its employees or agents, due and owing to any country, state, county, province, territory, municipal authority, or other dully authorised governmental body. Buzinessware shall not be responsible for payment of any such taxes which are the responsibility of Reseller arising from the above mentioned activities.

Scope of Authority
Reseller is only authorised to resell access to Buzinessware‘s system / services as described above. Business Affiliate has no authority, apparent or otherwise, to contract for, or on behalf of Buzinessware, or in any other way legally bind Buzinessware in any fashion, nor shall Reseller be authorised to make any representations about Buzinessware or its services other than to reiterate to its clients Buzinessware ‘s responsibilities as outlined in this agreement.

Disputes

A. Venue: Should any dispute arise under the terms of this contract, the parties agree that the sole jurisdiction to try all disputes shall be that of courts of Dubai, United Arab Emirates.
B. Attorney’s Fees and Expenses: Should any legal action be instituted to enforce the terms and conditions of this agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and expenses incurred at both the trial and appellate levels.

Term
The financial and exclusivity terms of this contract shall be in effect for one (1) years, to expire on the last day before the first (1) year anniversary of the execution of this agreement. All other provisions of this agreement, specifically including, but not limited to, the indemnification provisions herein above, shall survive the termination of the financial and exclusivity terms of this agreement.

Termination
Both the parties agree the present Reseller agreement shall come to an automatic end with immediate affection the violation or breach of any of its conditions by the Reseller or his/her customers.

Entire Agreement and Severability
This instrument constitutes the entire agreement between the parties, and represents the complete and entire understanding of the parties with respect to the subject matter of this agreement. This instrument supersedes any other agreement or understanding between the parties, whether written or oral. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement which it evidences shall remain in full force and effect.

Exit Strategy
Reseller of Buzinessware are allowed to exit from the Agreement by giving sixty (60) days notice in advance in the event that Reseller decides to use another web hosting provider.
Reseller will be responsible for domain transfers to any registrar or authority.
Buzinessware will not purposely contact Reseller’s customers and will redirect any email back to Reseller In witness where of the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this agreement for the person or entity herein named as a party hereto.

Introduction
The Acceptable Usage Policy (as amended, modified or supplemented from time to time as set forth on the Buzinessware website, this “AUP”) of Buzinessware is designed to:

      Protect Buzinessware’s customers, users of Buzinessware’s website, Products and Services, Buzinessware Network and physical infrastructure and third parties

      Further compliance with all relevant laws and regulations

      Promote the security and availability of Buzinessware’s website, Buzinessware Network and physical infrastructure and

      Regulate and restrict the use of all products and services (including, but not limited to the Products and Services) provided by Buzinessware, its website, Buzinessware Network and its physical infrastructure (“Buzinessware Services”).

This AUP applies to each user that subscribes for Buzinessware’s Services (“Customers”), all users of Buzinessware’s Services and all users that access or utilize Buzinessware’s website, Buzinessware Network or its physical infrastructure, whether or not such users are customers of Buzinessware, including the customers of our Customers (“Third Party Users”), and every server or network device that is under each User’s control and attached to Buzinessware Network or physical infrastructure as a part of Buzinessware Services (a “Server”). The term “User” as used in this AUP means both Customers and Third Party Users.

This AUP is incorporated by this reference into each Customer’s Terms of Service and Service Level Agreement. This AUP should be read in conjunction with Buzinessware’s Terms of Service, Buzinessware’s Service Level Agreement and Buzinessware’s Privacy Policy. Capitalized terms used herein without being defined herein shall have the meaning ascribed to such capitalized term in the Terms of Service, the SLA or the Privacy Policy, as applicable. Customer’s use of Buzinessware’s website, Buzinessware Network, the Products and Services is also subject to Customer’s acceptance and compliance with the Terms of Service, the SLA and this AUP. Current copies of Buzinessware’s Terms of Service, SLA and Privacy Policy may be reviewed or printed by Customer at the Legal section of Buzinessware’s website.

CUSTOMER HEREBY REPRESENTS AND WARRANTS THAT IT HAS READ, UNDERSTOOD AND ACCEPTED THE TERMS OF SERVICE, THE SLA AND THIS AUP .

Buzinessware reserves the right to amend or modify this AUP from time to time, and a User’s use of Buzinessware Services, Buzinessware’s network and physical infrastructure after changes to the AUP are posted on the legal department page of Buzinessware’s website (www.bw.ae) will constitute the User’s acceptance of any such amendments or modifications.

Customers are responsible for complying with this AUP and for violations attributable to their customers and users, whether authorized or not by a Customer or Buzinessware. Customers must take all reasonable steps to ensure that their customers and users will comply with this AUP.

This AUP does not:

Obligate Buzinessware to monitor, review, or police the data and content residing on Buzinessware Network or create any obligation or duty of Buzinessware to any party that is not a Customer, including, but not limited to, any Third Party User. Unless and until notified, Buzinessware is not likely to be aware of any violations of this AUP or any violations of law. Buzinessware expects all Users to notify us of any violations of law or violations of this AUP.

Buzinessware EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE DATA AND CONTENT TRANSMITTED THROUGH OR INTERMEDIATELY, TEMPORARILY OR PERMANENTLY STORED ON Buzinessware NETWORK OR ANY SERVER AND FOR THE ACTIONS OR OMISSION OF USERS.

Prohibited Content
Users shall not allow the posting, transmission, or storage of data or content on or through Buzinessware Services, Buzinessware Network or its physical infrastructure which, in Buzinessware’s sole determination, constitutes a violation of any central, state, local or international law, regulation, ordinance, court order or other legal process (“Applicable Law”). Users shall be responsible for determining which Applicable Laws are applicable to their use of Buzinessware Services. Prohibited content includes, without limitation, (a) content or code that facilitate any violation of, or describe ways to violate, this AUP or (b) “harvested” addresses or information, (c) “phishing” websites, or (d) “spamvertising” sites.

A User shall not knowingly host on its Servers, use Buzinessware Services or transmit over Buzinessware Network, any material believed by Buzinessware to constitute pornography or indecency. In addition to any other actions it may take under this AUP, Buzinessware reserves the right to cooperate fully with any criminal investigation of content located on a Server that constitutes alleged pornography or an alleged violation of Applicable Law.

Users’ Security Obligation
Users must use reasonable care to ensure the security of each Server, Buzinessware Network and its physical infrastructure. A Customer is solely responsible for any intrusions into, or security breaches of, any of its Servers, except as otherwise covered by a specifically designated security administration or firewall security service package ordered by the Customer. Buzinessware reserves the right to disconnect without refund or the provision of service credit any Servers which disrupt Buzinessware Network or any hardware objects on the network as a result of a security compromise.

Network Abuse
Users are prohibited from engaging in any activities that Buzinessware determines, in its sole discretion, to constitute network abuse, including, but not limited to, the following:

      Introducing or executing malicious programs into any network or server, such as viruses, worms, Trojan Horses, and key loggers.

      Causing or initiating security breaches or disruptions of network communication and/or connectivity, including port scans, flood pings, email-bombing, packet spoofing, IP spoofing, and forged routing information.

      Executing any form of network activity that will intercept data not intended for the Customer’s server.

      Evading or circumventing user authentication or security of any host, network or account, including cracking, brute-force, or dictionary attacks.

      Interfering with or denying service to any user, host, or network other than the Customer’s host, such as a denial of service attack or distributed denial of service attack.

      Conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including the forging of packet headers or other identification information.

      Soliciting the performance of any illegal activity, even if the activity is not performed.

      Using any program, or sending messages of any kind, designed to interfere with or disable a user’s terminal session.

For your convenience, you may see the list of Prohibited Activities [last page of this document] to review a list of additional prohibited activities and examples of prohibited activities. All Users are encouraged to review this list to ensure compliance with this AUP. If you believe that a violation of this AUP has occurred please review the information at the Legal section which contains important information concerning the reporting of potential violations.

Intellectual Property Infringement Policy
Users may not transmit, distribute, download, copy, cache, host, or otherwise store on a Server, Buzinessware Network or its physical infrastructure any information, data, material, or work that infringes the intellectual property rights of others or violates any trade secret right of any other person. Buzinessware has the right to disable access to, or remove, infringing content to the extent required under any applicable law or regulation depending on the geographical location of the server.

If any Customer or any Third Party User, including those that are customers of our Customers, repeatedly violates Buzinessware’s Intellectual Property Infringement Policy, any copyright law or any other intellectual property right, Buzinessware reserves the right to:

      Suspend permanently or terminate Buzinessware Services of such Customer and/or

      Suspend permanently or terminate the access to Buzinessware Services, Buzinessware Network or its physical infrastructure by such Third Party User.

IP Allocation
Buzinessware owns / has been allotted by its upstream provider each IP address that it assigns to a Customer. A Customer shall not use IP addresses that were not assigned to it by Buzinessware. Buzinessware reserves the right to suspend the network access of any server utilizing IP addresses outside of the assigned range.

IRC Policy
Customers may not operate and maintain IRC servers which connect to global IRC networks such as Undernet, EFnet and DALnet. Use of IRC plug-ins, scripts, add-ons, clones or other software designed to disrupt or deny service to other users is prohibited. Harassing or abusive IRC activity is expressly prohibited under the AUP, including:

      Disruption or denial of service or

      Use or joining of “botnets” or the use of IRC BNC’s or other proxy and re-direction software.

If a Customer’s IRC servers are frequently compromised or attract denial of service or distributed denial of service attacks that disrupt or denies service to other Customers or users, Buzinessware may null-route, filter, suspend, or terminate that Customer’s service.

Usenet Policy
Usenet posts and content must conform to standards established by the Internet community and the applicable newsgroup charter. Buzinessware reserves the right to determine whether such posts violate the AUP.

Resource Usage Policies
All the shared hosting accounts are governed by the Resource usage policies. Buzinessware reserves the right to suspend / terminate accounts, without giving prior notice, if it violates the Resource usage policies .

Legal Investigations
Users will cooperate and comply with any civil or criminal investigation regarding use of Buzinessware Services, Buzinessware Network or its physical infrastructure or content located on its Servers or transmitted using Buzinessware Services, Buzinessware Network or its physical infrastructure, including, without limitation, the following: discovery orders, subpoenas, freeze orders, search warrants, information requests, wire taps, electronic intercepts and surveillance, preservation requests, and any other order from a court, government entity or regulatory agency (each an “Investigation”). Buzinessware may charge a User or any person seeking compliance with an Investigation for the reasonable costs and expenses associated with Buzinessware’s compliance with any Investigation.

Buzinessware reserves the right to comply with any Investigation without notice to a User .

Customers shall not be entitled to a refund or any service credits, and Buzinessware shall not be in default under any agreement for Buzinessware Services, if its compliance with any Investigation causes a User to incur downtime or requires the sequestering of all or a portion of the Servers. Buzinessware also reserves the right to disclose information relating to Users and their use of Buzinessware Services, Buzinessware Network or its physical infrastructure or information transmitted, owned by or stored by or on behalf of any User, if such information is disclosed in connection with an Investigation or in order to prevent the death of or bodily harm to any individual, as determined by Buzinessware in its sole discretion.

Violations of AUP
Buzinessware may enforce this AUP, with or without notice to a User, by any action it deems reasonable, in its sole discretion. In addition to the remedial provisions provided elsewhere in this AUP, Buzinessware may:

      Disable access to a User’s content that violates this AUP.

      Suspend or Terminate a User’s access to Buzinessware Services, Buzinessware Network or its physical infrastructure.

      Remove DNS records from Servers.

      Block mail or any other network service.

      Effect IP addresses null routing.

      Take legal action against a User to enforce compliance with this AUP.

Reporting Violations:
If there is a violation of this AUP direct the information to the Abuse Department at abuse@bw.ae.

If available, please provide the following information:

      The IP address used to commit the alleged violation.

      The date and time of the alleged violation, including the time zone or offset from GMT.

      Evidence of the alleged violation.

E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. Buzinessware may take any one or more of the following actions in response to complaints:

      Issue written or verbal warnings.

      Suspend the User’s newsgroup posting privileges.

      Suspend the User’s account.

      Terminate the User’s account.

      Bill the User for administrative costs and/or reactivation charges.

      Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations.

If any User uses Buzinessware Services, Buzinessware Network or its physical infrastructure in a manner that exposes Buzinessware to potential liability, as reasonably determined by Buzinessware, Buzinessware may suspend permanently or terminate the access to Buzinessware Services, Buzinessware Network or its physical infrastructure by such User.

The remedial actions set forth in this AUP shall not be construed in any way to limit the actions or remedies that Buzinessware may take to enforce and ensure compliance with this AUP. Buzinessware reserves the right to recover any and all expenses, and apply any reasonable charges, in connection with a User’s violation of this AUP. No refund or service credits will be issued for any interruption in service resulting from violations of this AUP.

Buzinessware reserves the right at all times to investigate any actual, suspected, or alleged violations of this AUP, with such investigation to include accessing of data and records on, or associated with, any Server, Buzinessware Network or its physical infrastructure.

Prohibited Activities

      Forging, misrepresenting, omitting or deleting message headers, return mailing information, or internet protocol addresses, to conceal or misidentify the origin of a message;

      Creating or sending Internet viruses, worms or Trojan horses, flood or mail bombs, or engaging in denial of service attacks;

      Hacking, and/or subverting, or assisting others in subverting, the security or integrity of our products or systems;

      Soliciting the performance of any illegal activity, even if the activity itself is not performed;

      Threatening bodily harm, or encouraging bodily harm or property destruction;

      Harassing another, or encouraging harassing behavior;

      Engaging in outright fraud, or using services to engage in scams like pyramid schemes;

      Collecting personal information about others without their knowledge or consent;

      Instructing others in prohibited activities;

      Using services to disseminate or display images classified under UAE law as pornography, child erotica (regardless of literary or artistic merit) and/or bestiality; and/or

      Acting in any manner that might subject Buzinessware to unfavorable regulatory action, subject us to any liability for any reason, or adversely affect Buzinessware’s public image, reputation or goodwill, as determined by us in our sole and exclusive discretion.

Introduction

Based on the prevailing industry standards, all our hosting related products were packaged around the Disk Space and Bandwidth specifications. The practice continues even in 2015. The technology has undergone a sea change with better and powerful CPUs, Cheaper and higher RAM and larger storage devices. On the software side too, the contents have steadily moved to web 2.0 and web 3.0 platforms. Dynamically generated web sites, engaging flash graphics & movies, content fetching in background like RSS, quotes, tweets etc etc, demand availability of other resources like CPU power, RAM allocations, Database overheads etc etc. It is very difficult for the customers to specify such requirements in advance. As the sites grow, so is the need of higher resources till the customer reaches a limit on the shared environment. If one customer uses more resources on a shared server, the other customer’s sites / accounts are affected. We enforce following resource limits on all our shared servers. If your needs are not met, please do not sign-up the regular hosting account. Talk to our sales or business development team to customize services for you. These resource usage limits are applicable to all web hosting (Includes “Web Hosting / Business Email/ Reseller”) accounts. These are not applicable to the dedicated / cloud servers. These policies are in place to protect you, our customers, from poor service quality.

1. CPU Usage :

Whether a web page is static or dynamically constructed, the web server’s CPU is used to obtain and deliver the web page to your visitors. When a page is dynamically created by a script, even more CPU cycles or resources are used, since the script has do a fair amount of processing to reconstruct your web page. It has to load the web template, obtain the data for that specific page from the database, execute the plugins or modules that you have installed, and finally assemble the page for delivery to the visitor.

Since CPU time is a finite resource shared by all websites hosted on a particular web server, if any one website excessively uses the CPU, the other sites on that computer will not have an opportunity to deliver their pages in a timely fashion, and will appear either to be sluggish or non-responsive. As such, we monitor the amount of CPU your site uses on shared web hosting plans, to prevent problems when a single website uses too much of the CPU time, adversely affecting the other websites on that server.

2. RAM Usage :

RAM is the temporary memory that holds your site’s scripts and their data while they execute. The maximum amount of RAM a machine can have, is fixed. That amount of RAM is shared by all accounts on that servers. This memory is needed by all programs that is run on the server, including the server itself. If your scripts are huge, or they require a lot of RAM to execute, they will be competing in that limited pool of memory shared by all sites and all programs. As such, memory usage is another resource which is limited too.

3. Database Connections :

The data for dynamic websites is usually kept in special databases on the web server. A database server, such as the popular MS SQL / MySQL server, manages the database and provides the information requested by the site’s scripts when they need it.

Database servers have a limit on the number of connections they can accept at any one time. When too many requests for data are made simultaneously, they run out of resources and are unable to service those requests. This typically happens when your site receives a large amount of traffic, or when you use a script that is not very efficient (for example, it makes too many requests for every page it delivers), or both.

4. File System Contents :

Depending on the format type used for the storage disks, there could be limitations on number sub-directories and files within a directory. All the files must have proper permissions.

5.Resource Usage Restrictions :

a. CPU, RAM and Processes :

CPU usage , RAM usage and Processes invoked by your account, cron or any other method should not exceed the following limitations :

1. Utilize 25% or more of CPU usage for more than 90 Seconds.
2. Consumes more than 32 MB of RAM for more than 120 Seconds.
3.Number of open files should not exceed 64.
4.Create core dumps.
5.Number of simultaneous processes should not exceed 5.
6.Execute a script/binary that forks in a way to create a fork bomb.
7.Programs may not run in the background or listen on a network port. Running bot, service or daemon in the background is not allowed.

b. Database Restrictions :

      1. Database is to be used only for the hosting account on the same server.
2. Indexes must be used in databases.
3. Mysql tuning parameters can not be modified by users.
4. All users are restricted to 15 concurrent MySQL connections.
5. Each database is restricted to a maximum of 1 GB of disk space.
6. Database queries should not exceed 1,000 per hour.
7. Database changes (insert/update/delete) should not exceed 300 queries per hour.
8. Database servers should not be used as a hosted solution.
9. Remote database access is for administrative purposes only.

c. Files and Directories :

The total number of inodes in an account may not exceed 75,000. Every file (a web page, image, email, php file, directory, etc.) on your account uses up one (1) inode. This is not something we actively enforce and it will only become an issue if a client is causing problems for other people on the server. We will of course notify you if this is the case with a full explanation.
A directory cannot contain more than 2,500 immediate child files. This includes sub-directories themselves, but does not include files contained within those directories.

d. Web :

1.    Hosting accounts are to be used for the purposes of hosting web sites – they are not to be used to back up content from remote computers or as a general purpose file storage system.

2.    All third party web applications that you install must be kept up-to-date.

3.    Accounts will be suspended if any unpatched or buggy web applications is actively being exploited.

4.    Simultaneous Apache connections may not exceed 50 from one individual source at any given time.

5.    Web processes should not fork or spawn sub-processes.

6.    No Running a gaming server.

7.    No Running a proxy server or anonymizer, either publicly accessible or password protected.

8.    No Web spiders and indexers.

e. Email and Mailing Lists :

1.    Technical specifications of Budget, SME/SMB and Enterprise mailing solutions.

2.    Attachment Files in excess of specified package are not accepted for delivery.

3.    Mailbox sizes should not exceed the max limit set for the packages (500 MB per POP account.)

4.    POP / IMAP connections are limited based on the classification of the mail servers. Please know your allocations at the time of signing up the account.

5.    Mail delivery times are not guaranteed. Based on the network congestion, recipient mail server configurations and responses, mails may get delayed, bounced or even discarded & lost at times.

6.    Mailing lists larger than 1,500 will require a semi dedicated, VPS, or dedicated server. Dividing one list into smaller parts to get around this limit is not allowed.

7.    We do not allow you to send to a mailing list you were given or that you bought. This is spamming and we have zero tolerance for this.

8.    Any mailing list must comply with the rules set forth by the United States of America and can be found at: https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business

9.    No Direct SMTP mailing system scripts or mail servers are permitted. Mail should be relayed through the local MTA. Rate Limits on number of emails per hour that can be sent through our servers will apply.

10.  Any emails sent to a mailing list must contain an unsubscribe link to an automated email removal system. This system must not be behind password protection.

11.  Our SMTP gateway is to be used only for the domain you have signed up the account for. All from addresses must be from your domain name for sending outbound mails. Any other smtp tweaking to use our SMTP service is not permitted.

12.  If your email account is exploited by spammers, your account will be suspended without any notice.

13.  If your local network is infected and sends spam mails, your account will be suspended without any notice.

f. Cron Jobs :

1.    All cron jobs must be ‘niced’ to 15 or greater.

2.    A cron job should not execute more frequently than once every 15 minutes.

3.    If a cron usage exceeds the CPU resource limits, the account will be suspended.

6. Notification To Customers :

We may work with the customers to bring to their notice about the resource exceeding incidents. If it is transient, not lasting one day, our engineers will work with you to guide you to resolve the problems. If it is non-transient, it is a good sign for the customer that their online business and requirement is growing. We will do our best to work with customers to give 48 hours, 2 days, or 5 days notice depending on the severity of the violation. We reserve the right as outlined in the AUP to suspend a site if it is causing a severe problem.

7. Failure To Comply With Policy :

Failure to fully comply with these terms is grounds for account suspension and/or termination without a refund. We reserve the right to remove any account without prior notice. If we terminate your account for violating policy, you will forfeit your rights to a refund.

Users may not send unsolicited bulk messages over the Internet (i.e., “spamming”) and must comply with all relevant legislation and regulations on bulk and commercial e-mail, including the CAN-SPAM Act of 2003 of the US.

Mass Mailings – Users may not send mass unsolicited e-mail, which is email that is sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from the User. Users who send mass mailings must maintain complete and accurate records of all consents and opt-ins, including the actual e-mail and its headers, and provide such records to Buzinessware upon its request. If a User cannot provide positive and verifiable proof of such consents and opt-ins, Buzinessware will consider the mass mailing to be unsolicited.

Mailing Lists – Users are prohibited from operating mailing lists, listservs, or mailing services that do not target an audience that has voluntarily signed up for e-mail information using a Confirmed Opt-In or Closed-Loop Opt-In process or that has made their e-mail addresses available to a User for distribution of information. Users who operate mailing lists must maintain complete and accurate records of all consents and Confirmed Opt-In or Closed-Loop Opt-In elections (including the actual e-mails and their headers) and provide such records to Buzinessware upon its request. If a User cannot provide positive and verifiable proof of such consents and Confirmed Opt-In or Closed-Loop Opt-In elections, Buzinessware will consider the list mailing to be unsolicited. Any User-maintained mailing list must also allow any party on the list to remove itself automatically and permanently.

Other prohibited activities include, without limitation, the following:

      Use of Buzinessware Network for the receipt of replies to unsolicited mass e-mail.

      Forgery of e-mail headers (“spoofing”).

      Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software.

      Configuration of a mail server to accept and process third-party messages for sending without user identification and authentication.

      Hosting web pages advertised within “spam e-mail” sent from another network (“spamvertising”).

      Hosting web pages or providing services that support spam.

      Any other unsolicited bulk messages, postings, or transmissions through media such as weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-up messages, instant messages, or SMS messages.

      Instructing others in any activity prohibited by this AUP.

If any Customer or any Third Party User that is a customer of our Customer uses Buzinessware Services, Buzinessware Network or its physical infrastructure in a manner that causes Buzinessware to be “blacklisted” or blocked, Buzinessware reserves the right to:

      Suspend permanently or terminate Buzinessware Services of such Customer and/or

      Suspend permanently or terminate the access to Buzinessware Services, Buzinessware Network or its physical infrastructure by such Third Party User.

Operating Buzinessware Service on behalf of, or in connection with, or reselling any service to persons or firms listed in the Spamhaus Register of Known Spam Operations database at www.spamhaus.org shall constitute a violation of this AUP.

Block Removal – If, as a result of a Customer’s actions, Buzinessware’s mail servers or IP address ranges are placed on black hole lists or other mail filtering software systems, Buzinessware shall charge Customer AED 500 upfront and AED 500 per hour thereafter for any necessary remedial actions.

Network Availability Service Level Guarantee: We guarantee that our data center network will be available 99.99% of the time in a given month, excluding scheduled maintenance. The data center network means the portion of the network extending from the outbound port on your edge device to the outbound port of the data center border router and includes managed switches, routers, cabling. If the availability guaranteed goes below the Agreed Service Time (AST), you will be eligible for a credit as schedule A mentioned below

Data Center Infrastructure Service Level Guarantee: We guarantee that data center HVAC and power will be functioning 100% of the time in a given month, excluding scheduled maintenance. Power includes UPSs, PDUs and cabling, but does not include the power supplies on your servers. Infrastructure downtime exists when a particular server is shut down due to power or heat problems. If the availability guaranteed goes below the Agreed Service Time (AST), you will be eligible for a credit as schedule A mentioned below

Hardware Availability Service Level Guarantee: We guarantee the functioning of all server hardware components and will replace any failed component at no cost. "Hardware" means the processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included with the server. Hardware replacement will begin once we identify the cause of the problem. If the availability guaranteed goes below the Agreed Service Time (AST), you will be eligible for a credit as schedule A mentioned below.

Cloud Server Hosts Service Level Guarantee: We guarantee the functioning of all Host Servers hosting the Cloud Servers or Cluster (including the hypervisor, where applicable). If a Host Server hosting a Cloud Server or Cluster fails, We guarantee that restoration or repair will be complete within one (1) hour of problem identification. The term “Server Availability” means the percentage of a particular month (based on 720 hours in the subject month) that the server is reachable across an IP network and is available for access by third parties via ICMP (ping), SSH or RDP as measured by Buzinessware. Subject to Exceptions, if the Server Availability of customer's Web Site or Server is less than 99%, we will issue a credit to customer in accordance with the schedule A mentioned below, with the credit being calculated on the basis of the monthly service charge for the affected Services:

Web Hosting Service Level Guarantee: We guarantee achieve 99.9% Web Site and Server Availability for all customers. The term “Server Availability” means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the server is reachable across an IP network and is available for access by third parties via Hypertext Transfer Protocol(HTTP) and Secure HyperText Transfer Protocol (HTTPS) as measured by Buzinessware. Subject to Exceptions, if the Web Site or Server Availability of customer's Web Site or Server is less than 99%, we will issue a credit to customer in accordance with the following schedule, with the credit being calculated on the basis of the monthly service charge for the affected Services:

Schedule A

98.0% - 98.9% - 1% of monthly fee

95.0% - 97.9% - 3% of monthly fee

90.0% - 94.9% - 5% of monthly fee

< 90.0% - 10% - of monthly fee

 

Exceptions

Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Web Site or Server Availability caused by or associated with:

      Circumstances beyond Buzinessware's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, earthquake, hurricane or other acts of God, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA

      Scheduled maintenance and emergency maintenance and upgrades

      DNS issues outside the direct control of Buzinessware

      Issues with FTP, POP, IMAP, or SMTP customer access

      False SLA breaches reported as a result of outages or errors of any Buzinessware measurement system

      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, ASP, etc), any negligence, willful misconduct, or use of the Services in breach of Buzinessware's Terms and Conditions and Acceptable Use Policy

      E-mail or webmail delivery and transmission;

      DNS (Domain Name Server) Propagation

      Outages elsewhere on the Internet that hinder access to your account. Buzinessware is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Buzinessware will guarantee only those areas considered under the control of Buzinessware: Buzinessware server links to the Internet, Buzinessware's routers, and Buzinessware's servers

1.    For its own operational efficiencies and purposes, Buzinessware backs up data on its servers from time to time, but is under no obligation or duty to Customer to do so under these Terms. It is solely customer's duty and responsibility to backup customer's files and data on Buzinessware servers, and under no circumstance will Buzinessware be liable to anyone For damages of any kind under any legal theory for loss of Customer Files and/or data on any Buzinessware server. Buzinessware will not attempt to back up accounts that exceed 50,000 files or 30 Gigs of space for any reason.

2.    Customer can subscribe Managed Backup with purchased space for keeping customer’s data on Buzinessware’s server. This shall be a paid service.

3.    You agree and understand that any Back-up which Buzinessware may carry out will not include any media files. These include (but are not limited to) mp3, mpeg, wmv or any other video/audio files.

For any complaints regarding any of our services or your Buzinessware account that are related to our Terms, please send an e-mail to abuse@bw.ae.

Be as detailed as possible when explaining the problem!

At Buzinessware Infrastructure Services (IaaS) we recognize that privacy is important. This Privacy Policy applies to all products and services provided by us.

Collection of Information

We collect various information when you register with Buzinessware Infrastructure Services (IaaS), during your usage of our services, when you visit pages of our partners. We may combine information about you that we have with information we obtain from other partners or other companies in order to provide you a better experience or to improve the quality of our services. When you sign in to our services, you are not anonymous to us. We automatically receive and record information from your computer and browser, including your IP address, our cookie information, software and hardware attributes, the page you request and other standard browser parameters.

We collect the following personal information from you

     Contact Information such as name, email address, mailing address, phone number

     Billing Information such as credit card number, and billing address

     Unique Identifiers such as user name, account number, password

     Usage activity about how you interact with us such as purchase history, what content you viewed, and which areas of our site you visited

As is true of most Web sites, we automatically gather information about your computer such as your IP address, browser type, referring/exit pages, and operating system.

We use this information to

     Fulfill your order

     Send you an order confirmation

     Send you requested product or service information

     Send product updates or warranty information

     Respond to customer service requests

     Administer your account

     Send you a newsletter

     Respond to your questions and concerns

Choice/Opt-Out

You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or you can contact us at sales-iaas@bw.ae.

Social Networks

We enable you to create a profile, and share information such as messages, photos, and videos with others within your network. We cannot control the actions of others with whom you may choose to share your pages and information. Also we cannot guarantee that the content you post on our site will not be viewed by others outside your network.

When you use our services, we send one or more cookies - a small file containing a string of characters - to your device that uniquely identifies your browser. We use cookies to improve the quality of our service, including for storing user preferences, tracking user trends, and providing you with a better experience. We may set one or more cookies in your browser when you use our services or one of our partner's services. When you send messages, publish content, post material, transmit information or email through our services, we may retain the same in order to process your inquiries, respond to your requests and improve our services.

Our infrastructure consists of servers deployed at multiple data centers that are owned and operated by us or our partners. All information collected within our services resides on this network of servers.

Use of Information

We only use and process personal information for the purposes described in this Privacy Policy. In addition to the above, such purposes include:

     Communicating with you

     Making the sites or services easier to use by eliminating the need for you to repeatedly enter the same information

     Providing our services

     Auditing, research and analysis in order to maintain, protect and improve our services

     Ensuring the technical functioning of our network

     Protecting our rights or property and that of our users

     Developing new services

Choices for Personal Information

When you sign up for a particular service that requires registration, we ask you to provide personal information. If we use this information in a manner different than the purpose defined herein and in the terms of the services offered then we will ask for your consent prior to such use. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some of our features and services may not function properly if your cookies are disabled. You can decline to submit personal information to any of our services, in which case we may not be able to provide those services to you.

Disclosure to Third Party

We will share your information with third parties only in the ways that are described in this privacy statement.

We may provide your personal information to companies that provide services to help us with our business activities such as shipping your order or offering customer service. These companies are authorized to use your personal information only as necessary to provide these services to us.

We may disclose your personal information

     as required by law, such as to comply with a subpoena, or similar legal process

     when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request,

     if buzinessware fzco is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information,

     to any other third party with your prior consent to do so.

     We may share with third parties certain pieces of aggregated, non-personal information, such as the number of users by demographic. Such information does not identify you individually.

PayPal

If you choose to use PayPal to finalize and pay for your order, you will provide your credit card number, directly to PayPal. PayPal's privacy policy will apply to the information you provide on the PayPal Web site.

Information Security

We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.

We restrict access to personal information to our employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

Tracking Technologies

We or a third party contracted by us may use technologies such as cookies, Web beacons, or scripts to gather information about how you and others interact with our Web site. For example, we will know how many users access a specific areas or features within our site and which links or ads they clicked on. We use this aggregated information to understand and optimize how our site is used, improve our marketing efforts, and provide content and features that are of interest to you.

No-Spam Policy

We have a strict No-Spam Policy prohibiting the use of any data collected to send spam. We will not sell any contact information to third parties.

Security

The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.

If you have any questions about security on our Web site, you can contact us at sales-iaas@bw.ae

We provide two means for you to make a purchase on our site. You can either use our order form or a third party checkout option. If you use our shopping cart, the transmission of sensitive information collected on our order form is encrypted using secure socket layer technology (SSL). If you choose to use a third party checkout option to pay for your order, its privacy statement and security practices will apply to your information. We encourage you to read that privacy statement before providing your information.

We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at sales-iaas@bw.ae. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Accessing and Updating Personal Information

When you use our services, we make good faith efforts to provide you with access to your personal information and to correct this data if it is inaccurate.

Other Information

Our Web site offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, contact us at sales-iaas@bw.ae. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so.

Correcting and Updating Your Personal Information

To review and update your personal information to ensure it is accurate, contact us at sales-iaas@bw.ae.

Notification of Privacy Statement Changes

We may update this privacy statement to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the email address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

Changes to this Privacy Policy

Please note that this Privacy Policy may change from time to time.

Feedback

You can contact us about this privacy statement by writing or email us at the address below:

 

404, Apricot Tower

Dubai Silicon Oasis

341230 Dubai

UAE

email: sales-iaas@bw.ae

phone: +971 4 320 6100