Terms And Conditions
Buzin Inc.
711 S. Carson St. Suite #4A
Carson City, Nevada 89701
1 (800) 487-4401 Buzin Inc., their agents and lessors,
heretofore referred to as Buzin, offers Internet World Wide Web page design,
Co-Hosting, Web Hosting and related services to its Clients. These terms and conditions of
sales set forth the basic rules which apply to Buzin's services and use of
its leased system. Buzin may change these terms and conditions of sale in
the future upon notice published on-line here, or otherwise provided by Buzin. By using Buzin's services and leased
system, a client agrees to comply with the terms and conditions of sale as
published on-line or otherwise available from Buzin from time to time. If any
change to the terms or conditions of sale, Buzin's services, leased system or
pricing is unacceptable to a client, the client may terminate its account in
accordance with the Section below.
Lawful Use
Buzin's
services and leased system may only be used for lawful purposes and
consistent with all rights of other parties. Submission, transmission, or
maintenance of any information or materials in violation of any U.S. or state
regulations is prohibited. Without limiting the foregoing, Buzin's services and
leased system shall not be used in a manner which would violate any law or
infringe any copyright, trademark, trade secret, right of publicity, privacy
right or any other right of any person or entity or for the purpose of
transmitting or storing of material which is obscene, libelous or defamatory. Use
and access to other networks through Buzin's leased system must comply with
the rules for such other networks. Buzin reserves the right to refuse
service to any potential Customer without providing reason or cause.
Copyright
Customer
retains the copyright to data, files and graphic logos provided by
the Customer, and grants Buzin the rights to publish and use such material.
Custom artwork and graphic logos designed by Buzin for use in the Customer's
web presentation will remain the property of Buzin; at its discretion, Buzin
will grant the Customer rights to use such material in formats other than
web presentations. The Customer must obtain permission and rights to use
any information or files that are copyright by a third party; the
Customer is further responsible for granting Buzin's permission and rights for
use of the same.
Service Description
As an Internet World Wide Web
service provider, Buzin
provides dedicated servers computer that is integrated into the
Internet. These server computers will send and receive information as related to
the World Wide Web. Customer wishes to connect to and utilize the
hardware and software facilities of Buzin
to establish an Internet web site.
Service Usage
A. User
Parameters: The agreement hereby is intended to cover all of the
clients websites, and is for the sole use of the customer specifically named above and
does not extend to any other person or entity. Customer may resell to
third parties but is responsible for the content and is bound by the terms
under this contract.
B. Legal Parameters: This service may only 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 municipal, state or federal statute or
regulation is prohibited. Customer agrees to indemnify and hold
Buzin harmless from and against any and all claims, actions, causes of actions,
losses or damages (including legal fees) arising from the usage by Customer
of the service in violation of this paragraph.
C.
Unilateral Service Revocation: In the event that Buzin may at any time believe that the service is being utilized by the
Client in contravention with the terms and provisions of Sections A or B above,
Buzin may immediately discontinue such service to Customer without
liability other than the refund of unearned prepaid service fees.
Changes to Service
The
services provided by Buzin and Buzin's leased system are expected to
change from time to time. Buzin reserves the right to change any service
offered or
the features of any service offered or its leased system without
notice, including changes to access and use procedures, such as idle
disconnections, and leased system hardware and software.
Domain Name
If
Buzin 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 Buzin, 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 Buzin for any reason.
Service Fees& Invoicing :Payment Terms
A
subscriber must pay fees per Buzin's rate schedule in effect from time
to time as a condition to obtaining access to Buzin's services and leased
system. Rate changes will be effective when published on-line or otherwise
provided to Customers. Payment terms of monthly fees are net 10 days. Payments
not made within 15 days of billing date are considered delinquent.
Delinquent accounts are subject to immediate suspension and/or termination
without notice. Monthly charges will not be pro-rated.
Invoicing for fees will be billed in advance, monthly or
annually with payments of the service fee for through the end of the 1 month
or annual period due upon inception. In the event that Customer shall
fail to pay for such services in advance or annually, then Buzin
shall be entitled to unilaterally terminate this agreement. Buzin
may discontinue or suspend service to Customer until payment is made. Any service
disconnection or suspension shall require a $150.00 re-activation fee.
Termination
and Suspension
Either
subscriber or Buzin may, at its sole discretion, terminate the
subscriber's account at any time with or without reason. Buzin also may, at its sole
discretion, suspend a subscriber's account at any time with or without reason.
Monthly charges will not be pro-rated. Termination of services by the
Customer must be requested in a written notice and will be effective upon
receipt of such notice. Termination or suspension does not release liability
for charges due. Customers having signed up for an annual or semi-annual
contract with Buzin are still obligated to pay the remaining balance of their
account. E-mail or telephone requests for termination of services will not be
honored. The customer will be invoiced for Hosting and or authoring work completed to the
date of first notice of termination for payment in full within 30 days. Buzin may delete all data, files or other information that is stored in
subscriber's account upon termination.
Refund Policy
Buzin will not issue refunds for monthly accounts. A partial refund (1/2 of
outstanding contract period) will be available for annually paid accounts.
No Warranty;Limitation of Liability
Use
of Buzin's services and leased system and the Internet in general is at
the Customers sole risk. Buzin does not warrant that its services and
leased system will be uninterrupted or error free; nor does Buzin make any
warranty as to the results or information obtained from use of its service or
leased system or the Internet in general. Buzin's services and leased system
are provided on an "as is," "as available" basis without warranties of
any kind, either expressed or implied, including implied warranties of
merchant ability or fitness for a particular purpose, all of which warranties are
hereby expressly disclaimed except to the extent any warranty cannot be
disclaimed under applicable law. Under no circumstances shall Buzin be liable for
any indirect, incidental, special or consequential damages, including,
without limitation, loss of profits which may result from the use of its
services including loss of data resulting from delays, non-delivery or
interruption in
service. The maximum liability of Buzin to any client or user for
any and all loss, claim, damage or liability of any kind, including due to Buzin's negligence, shall be limited to the amount paid by the client
or user to Buzin during the six month period preceding the claim. NoAdult Sites are allowed!
One line says it all!
UnsolicitedCommercial E-mail (SPAM) Policy As per the
requirements of our backbone providers, we will enforce the policy to prevent
spamming. If you are found spamming or sending out unsolicited
bulk e-mails, your account will immediately be terminated without refund. This includes all forms of spamming including but not limited to
e-mail and usenet groups.
Indemnity
The
client agrees to indemnify and hold harmless, Buzin, its agents,
employees and its other client subscribers from any and all claims,
liabilities, damages, or expenses, including attorney fees, arising out of or
resulting from any and all use of client's account whether or not authorized.
This includes but is not limited to the Client's use of Buzin's services
which cause damage to the Client or a third party.
Non-Transferability
Client's
account and right to use Buzin's services and leased system is not
transferable without Buzin's consent. Subscriber agrees to protect its password and
account and to keep them secure from unauthorized users and use.
Confidentiality
Electronic
mail and other transmissions passing over the Internet and through
Buzin's leased system are not confidential. Accordingly, Buzin cannot guarantee
the protection or privacy of any information of any client. Buzin will not
disclose any such information unless required to operate its leased system or
pursuant to a court order, subpoena, or similar legal request or otherwise on
the advice of counsel.
Interpretation
These
terms and conditions supersede all previous other written and oral
communications, representations, understandings, or agreements with regard to the
subject matter and shall prevail not withstanding any variance with terms and
conditions of any order submitted. A waiver or modification of these terms and
conditions shall only be effective if in a writing signed by an authorized
officer of Buzin. Buzin reserves the right to change, at any time, the terms and
conditions of the acceptance of orders for authoring and placement of Customer's
pages. These terms and conditions shall be governed by and interpreted in
accordance with the laws of the State of California without regard to choice of law principles.
Specific
to Customers:
Buzin& Buzin Inc., will carefully
investigate any claim and decide in favor of the client where there is doubt.
Most cases of real spam do not generate doubt. If you have concerns with this
policy, please do not hesitate to comment. We listen and are open to
suggestions from the Internet community. Together we create results in
everybody's best interest. If you agree to all the above, then:
Email:sales@buzin.net |
