DO NOT SELL MY INFO & PRIVACY POLICY
CUSTOMER HOSTING PRODUCT AGREEMENT EXTENSION Usa Web Buzi (hereinafter referred to as "Parent") AND you (hereinafter referred to as "Customer") HAVE entered into a Customer Master Agreement effective from October 23, 2020 of which this "Customer Hosting Product Agreement Extension" is a part. WHEREAS Parent provides Web, Virtual Private Server (VPS) and Email Hosting Services; WHEREAS the Customer wishes to place an Order for Web, VPS and/or Email Hosting Services ("Hosting Order") through the Parent; NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Parent and the Customer, intending to be legally bound, hereby agree as follows: 1. Rights of Parent While certain attributes of the Hosting Order may consist of unlimited resources, Customer recognises that the Hosting Order is a shared hosting service, and that the Parent has the right in its sole discretion to apply any hard limits on any specific attribute or resource on the Hosting Order at any given time without notice in order to prevent degradation of its services, or incase of any breach or violation or threatened breach or violation of this Agreement, or incase Parent learns of a possibility of breach or violation of this Agreement which Parent in its sole discretion determines to be appropriate, or to protect the integrity and stability of the Parent Products and the OrderBox, or to avoid any liability, civil or criminal, on the part of Parent and/or Service Providers, or for any other appropriate reason. The Customer agrees that Parent and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Parent and Service Providers, are not liable for loss or damages that may result from any of the above. 2. Terms of Usage Customer, or its contractors, employees, directors, officers, representatives, agents and affiliates and OrderBox Users, either directly or indirectly, shall not use or permit use of the Hosting Order, in violation of this Agreement, and for any of the activities described below - A. General Terms (1) For any unacceptable or inappropriate material as determined by Parent in its sole discretion, including but not limited to Topsites, IRC Scripts/Bots, Proxy Scripts/Anonymizers, Pirated Software/Warez, Image Hosting Scripts (similar to Photobucket or Tinypic), AutoSurf/PTC/PTS/PPC sites, IP Scanners, Bruteforce Programs/Scripts/Applications, Mail Bombers/Spam Scripts, Banner-Ad services (commercial banner ad rotation), File Dump/Mirror Scripts (similar to rapidshare), Commercial Audio Streaming (more than one or two streams), Escrow/Bank Debentures, High-Yield Interest Programs (HYIP) or Related Sites, Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme), Sale of any controlled substance without prior proof of appropriate permit(s), Prime Banks Programs, Lottery Sites, MUDs/RPGs/PPBGs, Hateful/Racist/Harassment oriented sites, Hacker focused sites/archives/programs, Sites promoting illegal activities, Forums and/or websites that distribute or link to warez/pirated/illegal content, Bank Debentures/Bank Debenture Trading Programs, Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com), Mailer Pro. (2) Use over 25% of system resources, including but not limited to Memory, CPU, Disk, Network, and Bandwidth capacity, for longer than 90 seconds in any consecutive 6 hour period. (3) Execute long-running, stand-alone, unattended server-side processes, bots or daemons. (4) Run any type of web spiders or indexers. (5) Run any software that interfaces with an IRC (Internet Relay Chat) network. (6) Run, host, or store any P2P client, tracker, software, server, files, content or application, including bittorrent. (7) Participate in any P2P or file-sharing networks. (8) Use excessive resources which in the Parent's sole discretion result in damage or degradation to the performance, usage, or experience of OrderBox, other users, other orders, and any of Parent's services. (9) Use the email service for sending or receiving unsolicited emails. (10) Use the email service for sending or receiving emails through automated scripts hosted on your website. For sending out promotional emails, email campaigns, etc., we recommend using the Mailing Lists feature rather than using your email account. Upon detection of such mails going through the regular mailing system, such mails will get classified as spam even though the recipient might have opted in for receiving such mails. This would lead to immediate cessation of mail sending capabilities for the user or the domain name. Frequent violation would lead to permanent suspension of the domain name. (11) Sending mails to invalid recipient email addresses. On receipt of too many bounce back messages due to invalid recipient email addresses, the user sending such mails would get blocked. Frequent violation would lead to permanent suspension of the domain name. (12) Sending mails from an email address that is not valid and which results in triple bounces would result in suspension of the user sending such mails. Frequent violation would lead to permanent suspension of the domain name. (13) Send emails with malicious content. Such emails could be emanating from user(s) whose machine(s) are infected with a virus or malware and such activity could be happening without the user(s) knowledge or user(s) could be unknowingly sending out emails whose receivers may deem them as unsolicited. (14) Run cron entries with intervals of less than 15 minutes. (15) Engage in any activities related to purchase, sale or mining of currencies such as Bitcoin. B. Web, Email Hosting Specific terms (1) As a backup/storage device. (2) Run any gaming servers. (3) Store over 100,000 files. (4) Constantly create and delete large numbers of files on a regular basis, or cause file system damage. (5) Run any MySQL queries longer than 15 seconds. (6) Divide Multi-Domain Hosting Orders into smaller packages to resell. Multi-Domain Hosting Orders can only be used by a single Company or Customer to host websites that are fully owned by them. Certain relevant Documents, other than domain name whois details, with respect to company and domain names/website ownership will need to be presented when requested. Having the same whois details for all domain names in your Multi-Domain Hosting Order will not be enough to substantiate ownership. (7) Store a large number of media files (audio, video, etc.), wherein the limit is at Parent's sole discretion. (8) Send over 100 messages per hour per user and/or 300 messages per hour for a domain name. Receive a high volume of emails, by a user or domain name, in any given period of time. (9) Purchase/use a Dedicated IP Address without installing an SSL Certificate. (10) Violate the above Terms of Usage for a Hosting Order which comprises of the Do-It-Yourself website builder powered by Jigsy.com. (11) Use more than 50% of the website's disk space used by your Hosting order for storing emails. (12) Use a WHMCS license issued by the Parent with any product/service other than the one for which it was issued. (13) Store more than two website backup files. (14) Use more than 5GB per database. C. Additional Terms a. WordPress Hosting: Wordpress Hosting uses a specialized server configuration to deliver an optimized WordPress hosting experience. Due to this custom configuration, the following additional terms apply to Managed Wordpress Hosting accounts: (1) Wordpress Hosting is intended only for use with the WordPress software platform. The use of Wordpress Hosting with any non-WordPress related software is unsupported and such use may not operate in accordance with the description of the service. (2) Some WordPress add-on software is designed to function only on specific server configurations. Before installing any such software, customers are advised to contact Technical Support to ensure the desired add-on software will function in the Wordpress Hosting environment. Usa Web Buzi will not be responsible for losses of any kind or downtime resulting from the installation of incompatible add-on software. (3) Domain names hosted on Wordpress Hosting servers must use Usa Web Buzi name servers for DNS resolution. (4) We reserve the right to deny customer requests for changes to the standard Wordpress Hosting configuration when we believe, in our sole discretion, that such changes to the configuration will severely inhibit the performance of the server. (5) By installing WordPress, Subscriber acknowledges and agrees to (1) the Automattic Terms of Service located at (https://en.wordpress.com/tos/) with respect to Subscriber's use of all Automattic products and services; and (2) the Automattic Privacy Policy located at (http://automattic.com/privacy/), including without limitation, Automattic's collection of Subscriber's data in accordance with the terms of its Privacy Policy. ____________________________________________________________________________________________________ TERMS AND CONDITIONS USA Web Buzi LLC website(s) (the "Service") operated by USA Web Buzi LLC ("us", "we", or "our” “usawebbuzi"). Visitors, Customers and Resellers access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms Condition. These Terms and Conditions apply to all visitors, customers, resellers, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms and Conditions. If you disagree with any part of the terms, at any time now and into the foreseeable future, then you do not have permission to access the Service. You may contact us admin@usawebuzi.com to have any personal information removed and/or deleted if any such information was collected. PURCHASES If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, 3 digit CVC security code, the expiration date of your credit card, your name as if appears on the card, your billing address, your shipping information, and you may be required to provide I.D. verification. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, coupon violations or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. We reserve the right to verify your government issued identification to verify your account information, WHOIS information, coupon offers restrictions. COUPON OFFERS Coupon offers are limited to 1 per purchase. Coupon offers are limited to 1 per customer. Coupon offers purchased from multiple email accounts and/or account names may require second step authentication and/or verification's. Suspected fraud Accounts/Products will be suspended/deleted and/or confiscated. Coupon offer restriction are in place so that everyone will have a chance at using our coupons and you may be asked for verification of ownership of your account and WHOIS information accuracy. Acceptable 2 documents are as follows: 1. Valid Government issued identification. 2. Utility Bill Send verification documentation to admin@usawebbuzi.com Please include your account number when sending documents. Please use your email provided in your account to send your documentation. Email sent from a email service that does not match account holder will be ignored. Invoices products for coupon offers, require payment within 5 days. Products will remain suspended until payments is received. We reserve the right to delete accounts and products suspected of fraud. AVAILABILITY, ERRORS & INACCURACIES We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be misprinted, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. ACCOUNTS When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. You are responsible for maintaining the confidentiality of your account and password, including 2 step verification, pin number, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account at admin@usawebbuzi.com You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. COPYRIGHT POLICY We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to hostmaster@usawebbuzi.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims" You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright. DMCA Notice and Procedure for Copyright Infringement Claims You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest; • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; • identification of the URL or other specific location on the Service where the material that you claim is infringing is located; • your name, your address, telephone number, and email address; • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. You can contact our Copyright Agent via email at hostmaster@usawebbuzi.com Intellectual Property The Service and its original content, features and functionality are and will remain the exclusive property of USA Web Buzi LLC and its licencors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of USA Web Buzi LLC. Links To Other Web Sites Our Service may contain links to third party web sites or services that are not owned or controlled by USA Web Buzi LLC USA Web Buzi LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that USA Web Buzi LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit. TERMINATION We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service or contact at hostmaster@usawebbuzi.com and we will delete your account at your request. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. INDEMNIFICATION You agree to defend, indemnify and hold harmless USA Web Buzi LLC and its licensee and licencors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms. LIMITATION OF LIABILITY In no event shall USA Web Buzi LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. DISCLAIMER Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchant ability, fitness for a particular purpose, non-infringement or course of performance. USA Web Buzi LLC its subsidiaries, affiliates, and its licencors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements. EXCLUSIONS Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Some products do qualify for a 30 day money back period of a free trial of the service(s) requested and will be refunded at customer or resellers request at admin@usawebbuzi.com for qualified products and/or services. If a coupon was used in conjunction of the hosting products, then retail price of coupon will be invoiced in client’s account and must be paid within 10 days or free domain will be deleted and/or confiscated. For a full detail of our return policy please review the associated agreement with the associated product(s). Some limitation do apply. GOVERNING LAW These Terms shall be governed and construed in accordance with the laws of United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service. CHANGES We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice or by posting to our website prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion and will become effective upon posting on our website. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service. Please contact us at admin@usawebbuzi.com and we will delete any pertinent information related to your account and personal information. CONTACT US If you have any questions about these Terms and Conditions, please contact us by email: hostmaster@usawebbuzi.com or Postal Address: USA WEB BUZI LLC 434 E. Main Street #104 Montrose, Co. 81401 USA Phone: 01-970-964-4454 USA 22. NOTIFICATION OF CHANGES We reserve the right to modify this privacy policy at any time, so please review it frequently. If we decide to change this privacy policy in any material way, we will notify you here, by email, or by means of a notice on www.usawebbuzi.com or the website of the USA Web Buzi LLC product or service you use prior to the change becoming effective. In all cases, your continued use of any Services constitutes acceptance to any such changes. DISCLAIMER USA Web Buzi LLC assumes no responsibility for errors or omissions in the contents on the Service. In no event shall USA Web Buzi LLC be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. USA Web Buzi LLC reserves the right to make additions, deletions, or modification to the contents on the Service at any time without prior notice. USA Web Buzi LLC does not warrant that the Service is free of viruses or other harmful components. EXTERNAL LINK DISCLAIMER www.usawebbuzi.com website may contain links to external websites that are not provided or maintained by or in any way affiliated with USA Web Buzi LLC Please note: That the USA Web Buzi LLC does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites. Last modified: October 04, 2020