terms of service agreement
Where the content states: "We" includes Buzy Bee Hosting, LLC or any party acting on Buzy Bee Hosting, LLC’ implicit instructions. "You" includes the person purchasing the services or any party acting on the customer's instructions. "Member" includes the purchaser of services or any party acting on the purchaser's instructions. "The Registrant" includes the person applying for a domain name or any party acting on the Registrant's instructions. "The Registry" refers to the relevant domain names Registry. "Server" means the computer server equipment in connection with the provision of the Services. "Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet. "TOS" includes this agreement. bzybhosting.com Information Services reserves the right to modify this policy at any time, effective immediately upon posting of the modification to this URL: http://www.bzybhosting.com/terms-of-agreement.html. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement.
1.1 We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.
1.3 We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
1.2 The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name. This includes all monies vested in an account purchased that includes a free domain name. Client takes full responsibility for the account, no REFUNDS OF HOSTING or for hosting accounts that included a free domain name. If a refund is requested it will be denied till the moneys are paid for the free domain name. Then a refund only within 30 days will be refunded minus service already rendered as bandwidth is renewable. Domains acquired under the free domain program will not be transferred within 6 months of the purchase date. If transfer is requested then the purchase price of the domain will be rendered
1.4 We shall not release any domain to another provider unless full payment for that domain has been received by us.
2.1 We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
2.2 You shall effect and maintain adequate insurance coverage in respect of any loss or damage to data stored on the Server.
2.3 You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that:
2.3.1 you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third part; nor will you authorize or permit any other person to do so.
2.3.2 you will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable as determined by bzybhosting.com Information Services in any way.
(b) any material containing a virus or other hostile computer program.
(c) any material which constitutes, or encourages the commission of a criminal offense, or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
2.3.3 you will not send bulk email, whether opt-in or otherwise, from our network. Nor will you promote a site hosted on our network using bulk email.
2.3.4 you will not employ programs which consume excessive system resources with in the shared hosting environment including, but not limited to, processor cycles and memory. We do not host IRC, IRC bots, or other server resource intensive programs.
2.3.5 If you surpass your allotted disk/bandwidth usage as set forth in your purchased plan, you agree to purchase the excess in blocks as set forth in our "plans" section. Such payment to be immediate and non-disputable.
2.3.6 Allotted Hard Drive Space! By agreeing to these Terms of services you agree to used allotted hard drive space for entire sole purpose of storing only files for your web site. Hard drives space on our servers is not to be used for storing videos, any audio videos , backup of any kind and storing any files that are not necessary for the functionality of your web site. If your are found to be storing none web site related files you will be warned and your account possibly suspended till the files are removed.
2.4 We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez, Underage Adult, Pornographic, or Copyrighted MP3 content.
2.5 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft, or unauthorized disclosure of your password or other security information.
2.6 You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.
2.7 Members utilizing free hosting shall exclude themselves from promotions offered and afforded to paying Members.
2.7.1 Members utilizing free hosting shall display a banner as supplied by bzybhosting.com Information Services.
2.8 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
2.8.1 Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A Member shall not use another site's mail server to relay mail without the express permission of the site.
2.8.2 It is contrary to bzybhosting.com Information Services policy for Members to use our servers to effect or participate in any of the following activities:
2.8.2(a) Consequences of Violation: When bzybhosting.com Information Services becomes aware of an alleged violation of its Acceptable Use Policy, bzybhosting.com Information Services will initiate an investigation. During the investigation bzybhosting.com Information Services may restrict Member's access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, bzybhosting.com Information Services may, at its sole discretion, restrict, suspend, or terminate Member's account and/or pursue other civil remedies. If such violation is a criminal offense, bzybhosting.com Information Services will notify the appropriate law enforcement department of such violation.
2.8.2(b) You shall be held liable for any and all costs incurred by bzybhosting.com Information Services as a result of your violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. bzybhosting.com Information Services’ current hourly rate for Postmaster responses to complaints and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations is US $100 per hour, with a minimum one (1) hour charge, plus US $1 for each bulk-email or Usenet message sent, plus US $1 per complaint received. Server maintenance fees of $49.99 per hour.
2.8.3 bzybhosting.com Information Services does not issue service credits for any outages incurred through service disablement resulting from Policy violations.
2.9 Any access to other networks connected to bzybhosting.com Information Services must comply with the rules appropriate for those other networks
2.10 While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
2.11 You may cancel the Services at any time by logging into the Ticket Desk Support System (for verification) and requesting cancelation of services, except in item 13.1.0!
2.12 Shared, Reseller hosting account that offer the unlimited feature will be monitored by our fair use to other customers policy. Your account cannot stand out as using significantly more resources then much similar accounts.
3.1 We shall use our reasonable endeavors to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.
3.2 We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is expected to last for more than 7 days you will be notified of the reason. As a reseller or sub-client, it is your responsibility to take care of backup for sites that may be yours or ones under you. We also reserve the right to disallow services/hosting to any client as we feel necessary and hold no liability. Also please note that we do not offer any sort of compensation on our network uptime guarantee.
3.3 The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.
4.1 All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.
4.2 Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given. If you choose to pay by credit or debit card you authorize bzybhosting.com Information Services to debit your account renewal fees from your card.
4.3 All payments must be in US Dollars.
4.4 If your check is returned by the bank as unpaid for any reason, you will be liable for a "returned check" charge of $45.
4.5 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.
5.1 If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
5.2 If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
5.3 If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.
5.4 No refunds will be made for Services suspended in accordance with 5.1, 5.2 and 5.3.
5.5 We reserve the right to suspend the Services and/or terminate this Agreement at any time. In the event of this You will not be entitled pro rata refund based upon the remaining period of membership.
5.6 You may cancel the Services at any time by logging into the Ticket Desk Support System (for verification) and requesting cancelation of services. The only exception to this rule is if you have a sub account or addon services you must cancel the service before the new invoiced period starts. If you pass this period and our system generates an invoice you must pay the invoice then cancel the service. No refunds of moneys paid after the billing cycle has started the invoice generated for services used must be paid! The only exception to this is if the billing cycle is still within 30 days of the signup day. It is the customers responsibility to cancel services not needed in a timely manner.
5.7 During the first 30 days of Services, You are entitled to a refund of fees paid with the exclusion of domain name registration, dedicated server, data transfer fees, and excessive support requests should you decide to cancel the Services for just cause. bzybhosting.com Information Services shall be the sole arbitrator as to the validity of your claim of just cause. And will subtract the aforementioned fees from any monies due you. NO REFUNDS FOR PURCHASED LICENSES IE cPanel,WHMCS,HOSTBILL.
5.7.1 During the first fourteen days of service you are entitled to a full, no questions asked refund excluding as set forth in sections 5.7, 5.7.2, 5.7.3, and 12.5,13.1.0; as well as exclusions listed in section 2 above. For the remaining time your refund will be prorated and factored at the full discretion of bzybhosting.com Information Services.
5.7.2 Partner Plans (Resellers) are eligible for above refund minus usage fees; if such use has been deemed excessive at the discretion of bzybhosting.com Information Services. Such accounts are often more resource intensive than standard shared hosting accounts and, therefore, do not qualify under our standard 30 day guarantee details.
5.7.3 You will not be entitled to a refund on these basis if you have previously had an account with bzybhosting.com Information Services under any plan or service.
5.7.4 Allow 30 (thirty) days for refund payments to process. If you have not received refund within this time allotment; please contact us. All web design, SSL certificates, GoMobi web sites, Marketing products, and domain names even if you spell the domain wrong it is yours are none refundable, or any product prices is directly associated with our time, ie web design and all web site maintenance programs.
5.8 Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.
5.9 On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it.
6.1 You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.
7.1 All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to sub clause.
7.2 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
7.3 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.
7.4 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.
7.5 In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
7.6 You are responsible for monitoring Bandwidth and Disk space usage of your site. This is easily done from your Control Panel. If you go over the amount indicated in your current plan; you will assessed a surcharge as set forth in our pricing structure.
8.1 Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.
9.1 On our site you will find links to all the information to get your web site up and running. All information pertaining to your account should have been included in the Welcome Letter you received when we created your account. If you did not receive a welcome letter email, please contact our Support Team. There are several reasons an email may not reach you; first and foremost is if the domain you have contracted services for is the same domain your welcome email was sent to.
9.2 The support feature of our service at present time consists of our Support System solving server related problems only.
9.2.1 If you require support for your scripting, there are several online tutorials available we can help you find. You may purchase our technicians' services at the rate of $49.99 per hour, with one hour minimum billed. We reserve the right to wave this fee at any time.
9.3 Support can only be addressed in English through our Support System.
9.4 All Support requests are to be processed through our Support System. Any other request for support, except as noted in Section 9.5, will be considered a breach of our TOS.
9.5 In the event of a server outage or other such emergency, you are free to contact us in any manner.
9.6.1 We offer unmanaged , semi managed and fully managed virtual servers. Our support for fully managed virtual servers covers issues directly related to the server and cPanel ie installing cPanel setting the server up for hosting, Installing all necessary modules for the hosting environment, securing the server as well. Fully managed VPS support is limited in the customers web root folder we will assist but ultimately this is the customers responsibility as it would be in a shared hosting environment.
9.6.2 Web site migration: We do offer "free website migration" but the move must be within reason. Our free site migration only covers cPanel to cPanel moves. Manually moving a web site is not covered under the free website migration program. Manual moves of web sites from non cPanel servers is no covered under our free web site migration program. Also moves from cPanel hosting companies like HostGator make cPanel to cPanel moves very difficult and usually fail due to the modifications they make to cPanel.
9.7 Support abuse will not tolerated in any way shape or form; our support system is for customer with genuine support problems with their server that we are responsible for example you need a module installed or need php.ini edited. DO NOT contact support for issues you can fix by taking a couple of minutes and reading our knowledge base ie how to login into cPanel or add a domain.
9.9 If we continue to have support issues form customers that do not understand the scope of our services or continue to damage services/systems either intentionally or unintentionally we reserve the right to suspend/terminate services depending on the severity of the infraction! Again our support system is for relevant services related issues!
10.1 This Agreement shall be governed by and construed in accordance with United States law and the laws governing the state of Colorado. You hereby submit to the non-exclusive jurisdiction of the U.S. courts.
11.1 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
12. Torturous Conduct
12.1 No one shall post defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
12.2 Any abuse towards any bzybhosting.com Information Services employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner. When emailing bzybhosting.com Information Services or utilizing the Ticket Desk Support System, refrain from using caps, exclamation points, and other forms of written yelling. Any cursing, yelling, or further intentional disruptive behavior aimed at bzybhosting.com Information Services or it's employees shall be considered a violation of this TOS.
12.3 Any threat; whether verbally, orally, written, or delivered by second parties directed towards bzybhosting.com Information Services or any of it's employees, partners, equipment, and concerns shall be construed as a violation of this TOS.
12.4 Any conduct viewed as violating this section shall be considered a violation of this TOS. bzybhosting.com Information Services will be the sole arbitrator in regards to what is deemed a violation.
12.5 No refunds shall be given when the contents of this section necessitates removal of the account.
13.1 You may cancel the Services at any time by logging into the Ticket Desk Support System (for verification) and requesting cancelation of services.
13.1.0 The only exception to account cancelation is when a "VPS/Dedicated Server" is purchased and the client selects a monthly planed payment for any license ie cPanel,DirectAdmin etcetera. By agreeing to this agreement you are legally bound to purchase 3 months of hosting if you cancel before the three months have passed you will be charged the rest of the remaining time left to reach three months of payments. The purpose of this is you are making monthly payments on a yearly license that we purchase for you. We do this as a benefit to our customers but require you to make three monthly payment before you cancel! Buzy Bee Hosting, LLC money back guarantee does not pertain to fully managed servers. You may request a service termination but there can be no refund issued for fully managed servers or licenses of any kind.
13.2 PayPal automatic payments; We expect our customers to be responsible in the event they cancel any services with us and if you fail to turn off automatic payments to us, we will not held responsible or liable for any payment returned. Our refund policy dictates only a 30 day money back guarantee since it is impossible for us to receive an automatic payment during the first month of service the only thing we can do is offer you credit towards any product of your choosing, these terms are none negotiable. You are afforded a reminder that is sent to you during the cancelation process. This reminder informs you that you are responsible for disabling any automatic payments that you setup with us. We are in no way shape or form capable or responsible to disable automatic payments for any individual or customer or customers.
14.1 These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
14.2 bzybhosting.com Information Services reserves the right to amend these TOS at any time.
14.3 It is your responsibility to check these Terms of Service on occasion for any such amendments.
15 You (anyone viewing this page) are free to use these terms as a template for writing your own. Please have it reviewed by a local attorney to make certain it conforms with your applicable laws. You will also wish to confirm that the terms you create using this form as a template conform to your upstream provider.
15.1 bzybhosting.com Information Services releases rights to this document text to the reader, free of encumbrance. Except as noted in this section (15.3).
15.2 In no form can you hold bzybhosting.com Information Services responsible for any and all actions arising out of your use of these terms as your own.
15.3 If you choose to use these terms as your own, this section (15) must remain intact of content; save for our name. You agree to let others use these terms as a guide.
15.4 Web design and content agreement between www.bzybhosting.com and Buzy Bee Hosting, LLC. Client must agree to this terms before the build of the web site begins.
15.5 VPS or virtual servers will not be used for CPU intensive applications to include game servers and voice servers! "Exception to policy game servers and voice servers can be approved on a case by case basis ONLY!" Our VPS are for the soul purpose of web hosting and web hosting platforms only. This agreement can be updated if or when we come across new situations. All our VPS Utilize the full CPU of the server and if one client is using enough CPU to effect our other clients or limit the selling space capability of our servers is unacceptable. The affection account will be provided with the professional warnings then suspended account and a full refund will be issues to the customer.
15.6 Promotions all orders from outside the us will not be participation in any promotional offers! All orders out side the US will have to pay upfront for any of our services! Sorry for any inconvenient's we are trying to prevent Fraudulent orders and the us of our servers for unintended purposes!
15.7 Domain name failure to pay! We will always make sure that your domains are secured, when a failure to pay or keep a domain current will result in a late free of $11.50 for the domain. If the domain goes 30 days late Buzy Bee Hosting, LLC will become the legal owners of the domain. If at this point the 30 days have passed a fee of $120.00 will be inquired to retrieve the domain. The only person allowed to pay this fee is the original owner of the domain no other person may be permitted to pay the fee and become the new owner of the domain. If the domain goes 90 day late Buzy Bee Hosting, LLC will auction the domain off for any amount necessary to sell the domain. It is critical that all customers make sure there domains are current and do not fall into the late expired category!
16.2 After the web site has been completed, the client will receive one and only one opportunities to correct content on the new web site. At any time errors caused by us are caught by us or by the client they will always be free of charge to fix, they must be caused or in part to the build of the web site buy us. Examples would be spelling errors or incorrect phone numbers. But under no circumstance will we provide free content update or add content to a client’s web site for free after the build has been completed. The only exception is if a maintenance plan is purchased. It is the client’s responsibility to convey to the designer what content is to be placed on the web site. After the build of the site has been completed and new content or adding pages changed fonts adding removing colors will be a $49.99 minimum charge for the first hour then hourly thereafter.
18.0 Our release of this text material in no way assigns rights of any images viewed herein. Terms of agreement