Agreement

This document describes the conduct and prohibited uses of Buzix, Inc.’s hosting services (“Services”). This AUP/TOS is not exhaustive and Buzix, Inc. reserves the right to modify this document at any time. By using and paying for our services, you are accepting these terms and are agreeing to adhere to our policies. Any violation of our policies may result in the suspension or termination of your account or any other action as Buzix, Inc. deems appropriate. Buzix, Inc. has the right to discontinue service, or deny access to anyone for any reason, at our discretion. No refunds will be paid if an account suspension or termination is due to violation of any of our terms or policies.

Security

You are solely responsible for any security breaches affecting servers or accounts under your control. If your server or website is responsible for or involved in an attack on or unauthorized access into another server or system, Buzix, Inc. will shut it down immediately. You will be held responsible for any charges resulting from the cost to correct security breaches affecting Buzix, Inc. or any of its other customers. It is your responsibility to adopt adequate security measures to prevent or minimize unauthorized use of your account.

Customers may not use the Buzix, Inc. network in an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to:

1) Accessing data not intended for the customer logging into a server or accessing an account the customer is not expressly authorized to access through any means including password cracking;
2) Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
3) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
4) Probing the security of other networks in search of weakness or violation of any other organization’s security policy;
5) Attempting to interfere or deny service to any user, host, or network.
Users who violate system or network security may incur criminal or civil liability. Buzix, Inc. will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

In an effort to control spammers, Buzix requires customers to use our nameservers or their private nameservers with us, for their site hosting. We do not offer or provide mail hosting services for accounts that are not using our nameservers. Customers who wish to have a custom MX record may do so for a fee.

Payment Policies

All customers, resellers and account-holders in general are expected to adhere to our Billing Policy.

Cancellation and refunds

Buzix will accept a request to cancel a web hosting account and give a full refund to a new customer who requests such refund and cancellation within 30 days of ordering provided the account has not been suspended, terminated or is under review for suspension or termination for violations of our Acceptable Usage Policy or our Terms of Service. SSL/CSR, Dedicated IP fees and Dedicated Server plans are not refundable.

SMTP Mail

We allow each domain to send 100 pieces of email per hour from a shared hosting account. For security purposes, all customers must authenticate against an active mailbox within their domain in order to send mail. You may use your domain outgoing SMTP server to send mail provided your ISP allows this.

Overuse of Disk Space and Bandwidth Allowances

Customers exceeding the bandwidth or disk space allowance for their plan are subject to suspension.

IP Address Ownership

Buzix, Inc. maintains and controls ownership of all IP numbers and addresses that may be assigned to you. We reserve the right to change or remove any and all such IP numbers and addresses as necessary.

Server maintenance

We will from time to time perform maintenance, upgrades or replacements to our servers. We reserve the right to suspend access to such server during the required time to do the maintenance, upgrade or exchange the server, for no more than 4 hours. In this event, every attempt will be made to provide notice to our users via e-mail at least 24 hours before the due date and time for maintenance. However in an emergency notice may not be possible.

Server Abuse

Any attempt to undermine or cause harm to a server, or customer, of Buzix, Inc. is strictly prohibited. Any unauthorized use of accounts or computers by a Buzix, Inc. customer, whether or not the attacked account or computer belongs to Buzix, Inc., will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
A hosting account which meets any of the following conditions may be terminated upon discovery and without immediate notification to the account holder
Provides material that is grossly offensive to the Web community including blatant expressions of bigotry, racism or hatred.
Promotes or provides instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
Displays material that exploits children less than 18 years of age. Offers pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
Provides distribution for encryption software over the Internet or otherwise, to points outside the United States.
Distributes information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks.
Disrupts the use of, or interferes with, the ability of others to effectively use the network or any connected network, system, service, or equipment.
Advertises or otherwise makes available any software, program, product, or service that is designed to violate our policies, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.
Engages in activities that are determined to be illegal, including advertising, ponzi schemes, pyramid schemes, identity theft, credit card fraud, and software pirating.

Server Resource Abuse

Shared server resource abuse includes any process or service usage that affects normal shared server operation, resources or connectivity which causes a server to become overloaded. Shared server resources include CPU and memory usage, number of concurrent processes, number of concurrent port or database connections and total bandwidth. Possible causes of server resource abuse include, but are not limited to, the use of: CGI, Perl, Sendmail, mySQL, MSSQL, PHP, ASP, COLD FUSION, HTTP, SMTP, POP3 and FTP. If server resource abuse is detected, Buzix may, without notification to the customer, disable the offending resource, disable or cancel the entire account. If server downtime is caused by your resource abuse, your account may be terminated.

Child Pornography and Adult Content

Buzix, Inc. will cooperate fully with any criminal regarding violations of the Child Protection Act of 1984. Resellers and Customers are ultimately responsible for the content of their respective accounts on our network, and will be liable for legal ramifications of displaying, providing access to, or selling illegal material.
Sites which are targeted to adult-only audiences must display an entry page with the appropriate disclaimers regarding state and federal laws prohibiting use of the site by minors. No sexually explicit content may be on the entry page. Should the disclaimers not appear, as required by our service, Buzix reserves the right to immediately suspend and/or terminate the site without refund.

Chat Rooms and IRC

We allow customers to install chat applications that do not use IRC within our hosting environment. Any customer found to be using an IRC Chat in their hosting space will be terminated. We do not allow IRC clients or IRC bots to be operated on any of our servers under any circumstances.

Unsolicited Email

Unsolicited commercial advertisements are not allowed, and if determined to be from a Buzix customer account, will result in account termination.

The following activities are not allowed:
Unsolicited bulk or commercial messages (“SPAM”).

This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it from your domain. Forging, altering or removing electronic mail headers is prohibited.

Spamming Newsgroups

Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancellation. “Spamming,” or sending a message to many different off-topic newsgroups, is particularly unethical and is not allowed.

Mail may not be used to harass or intimidate others.
Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.

Distribution of Viruses, Spyware, and Malware

Distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Distribution of software that monitors computer or computer user activity without the computer user’s knowledge and consent is prohibited

Third-Party Products

Buzix, Inc. nor any Third Party Vendor makes any representations or warranties, expressed or implied, regarding any Third Party Products. Buzix Customers agree that use of third party products is at customer’s sole risk and such third party products are provided “as is” and without representation or warranty of any kind from Buzix, Inc. or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights.

To the maximum extent permitted by applicable law, neither Buzix, Inc. nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. Customer agrees to observe the terms of any license and/or applicable end user subscriber agreement for third party products and that customer shall be fully liable to third party vendors and Buzix, Inc. with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user subscriber agreements.

You are responsible for ensuring scripts you install do not compromise the security of our servers. This includes, but is not limited to:

Ensuring it is not possible to abuse such scripts to gain access to the file system of the server.

Ensuring it is not possible to abuse such scripts to send emails to third parties.

you update any installed scripts with the latest releases, which often contain security fixes.

If a script installed on your site is compromised, we may suspend and require a clean up of your site.

Where we provide an automatic script installer we may update installed scripts to the latest releases.

Backups

We may provide a backup service for your site; however, we do not accept responsibility for any failure of our backup mechanism. We will restore your site from backup without charge once each calendar month. If further restorations are necessary, we may charge a fee for doing so. We may at our sole discretion waive this fee.

You are responsible for maintaining adequate frequent backups of your content including site files and email.

Buzix provides technical support to our customers via a support ticket system. Buzix provides support related to your web site physical functioning. Buzix does not offer technical support for 3rd party application and specific issues such as PHP or CGI programming, HTML, script installation or any other such issue.

You may purchase additional technical support for issues which are not covered by our normal support. Our standard technical support rate is US$30 per half hour, paid in advance. For a cost estimate for additional support please create a support ticket describing the support you require. If you purchase additional technical support and our estimate is too low we will stop work and advise you as soon as possible and provide you with a new estimate. If our estimate is too high, we will refund any extra amount paid by you.

Intellectual Property Rights

Material that is accessible to you through Buzix, Inc.’s services is subject to protection under the United States or other copyright laws, laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you may not use Buzix, Inc. or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Buzix, Inc. network. If you use a domain name in connection with Buzix, Inc. or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Electronic Commerce and Online Stores

You are solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including

(a) The accuracy and appropriateness of content and materials appearing within the store or related to your products;
(b) Ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and
(c) Ensuring that the content and materials appearing within the store or related to your products are not illegal.

You are solely responsible for the final calculation and application of shipping and sales tax. You are responsible for accepting, processing, filling any customer orders, and for handling any customer inquiries or complaints. You are responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site.

Copyright, Trademark, and Patent Infringement

Customers are required to comply with all aspects of the US Copyright Laws and Trademark Laws. We will comply with any appropriate officials should we become notified about instances of infringement in our hosting environment. More information is available regarding these laws at: http://www.copyright.gov and http://www.uspto.gov

Lawful Purpose

Buzix, Inc. reserves the right to refuse service to anyone. Customers may only use Buzix, Inc. server for lawful purposes. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Buzix, Inc. management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue and jurisdiction this contract was entered into and performed in Brevard County, Florida, and any dispute will be litigated or arbitrated in Brevard County, Florida. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in the state of Florida.

Privacy

Buzix will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. Buzix may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Buzix may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Buzix assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Buzix may disclose subscriber information or information transmitted over its network where necessary to protect Buzix and others from harm, or where such disclosure is necessary to the proper operation of the system. Buzix requires that all customers comply fully with all applicable laws concerning the privacy of on-line communications.

Indemnification

Buzix customers agree to exonerate Buzix, Inc. from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Buzix, Inc., its agents, customers, officers and employees, that may arise or result from any service provided, performed, or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customers agree that Buzix has no liability arising out of:(1) Any injury to person or property caused by any products sold or otherwise distributed in connection with any Buzix server;
(2) Any material supplied by a customer infringing or allegedly infringing on the proprietary rights of a third party;
(3) Copyright, patent or trademark infringement;
(4) Any defective products sold to any customer from any Buzix server.

Disclaimer

Buzix, Inc. will not be responsible for any damages your business or your web site may suffer due to of loss or corruption of data, delays, non-deliveries, wrong delivery, and service interruptions caused by Buzix technologies, Buzix customers or employees. Buzix, Inc. reserves the right to revise its policies at any time.

Revisions

Buzix, Inc. reserves the right to revise, amend, or modify this document and any other policies and agreements at any time without notification on our web site.