General Terms and Conditions
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 unified control panel https://cp.buzinessware.com from our website. Unified control panel 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 Property Rights:
6.1 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.
6.2 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.
7 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.
8 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 Buzinesswares 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.
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.
10. 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.
2.1.1 Billing: All billings to Customers are in USD or AED. Customer located in AE is billed in AED. All other customers are billed in USD.
2.1.2 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.
2.2. Online Payment - Terms & Conditions
a. Buzinessware has chosen Cybersourse to secure your credit cards
b. All credit card transactions are processed & stored using secure encryptionthe 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 email@example.com with Subject: Payment of Invoice # XYZ for faster manual processing
i. Your service will get suspended immediately after due date, in case 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
2.3. 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.
2.4. 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.
2.5. 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.
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
2.7. 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
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.
2.8. 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.
2.9. Returns, Refund & Cancellations:
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.
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 Buzinesswares 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.
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.
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.
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.
Domain Registration & Transfer
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.
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.
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
Modification to your account
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.
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).
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.
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.
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.
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.
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.
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 126.96.36.199 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.
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.
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.
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.
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.
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 firstname.lastname@example.org 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.
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.
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.
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.
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. Registrars 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
2.2 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:
3.3 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. Registrars 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. Registrants 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 License 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 License 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.
9.1 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 Notwithstanding 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.
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. 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.
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 Buzinesswares 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 Customers 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.
9. Resource Usage:
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 customers 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.
9.1. CPU Usage:
Whether a web page is static or dynamically constructed, the web servers 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.
9.2. RAM Usage:
RAM is the temporary memory that holds your sites 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 those 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.
9.3. 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 sites 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.
9.4. 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.
Resource Usage Restrictions:
9.5.1. 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.
9.5.2. Database Restrictions
1. Database is to be used only for the hosting account on the same
2. Indexes must be used in databases.
3. Mysql tuning parameters cannot 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.
9.5.3. 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
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.
9.5.4. 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 are 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.
9.5.5. 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.
9.5.6. 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.
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.
11. 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.
If you order email
services from Buzinessware FZCO ("Buzinessware"), you
("Customer", "You" or "Your") hereby
agree to these Terms & Conditions for Email Hosting
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.
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 Buzinesswares 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 Buzinesswares 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.
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 Buzinesswares 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. 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 Buzinesswares servers will occur at Buzinesswares 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.
VIII. Storage Capacity; Data Transfer; Server Resources. Each account is allotted storage capacity and data transfer amounts on Buzinesswares 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.
IX. 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.
X. 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 Buzinesswares 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, Mailbox Manager and Exchange server using OWA; and
A fully functional POP/IMAP/SMTP e-mail program (client) such as Microsoft® Outlook Express.
Customer shall agree and acknowledge that:
1. Buzinesswares 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 Buzinesswares General Terms and Conditions are applicable to Office365 service too.
6. Buzinessware keeps right to terminate or Suspend Customers Accounts/License without prior notice at its sole and absolute discretion, if any breach of Buzinesswares Terms of Service or Microsofts Terms & Conditions noticed.
Servers & Solutions
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).
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.
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.
3.1. Free Trial Terms
and Conditions: The
following terms and conditions will apply if you have created cloud
server for Free Trial:
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.
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.
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.
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.
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.
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.
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 email@example.com. 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.
14. 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.
15. 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 partys 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.
16. 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.
17. 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.
(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 firstname.lastname@example.org; 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.
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.
20. 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.
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 partys Confidential Information as shown by the non-disclosing partys 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 partys 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 partys 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 partys 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 partys 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.
22. 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.
(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.
Server / Co-location
1. Terms 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.
2. Services 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.
3. Term 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.
4. Customer 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 .
5. Termination: Buzinessware may immediately terminate this Agreement at any time, and without liability, upon the occurrence of any of the following events (Buzinessware Termination): (i) Customers failure to pay any overdue amount within ten days after written notice by Buzinessware is given to Customer or
(ii) Customers 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 Customers 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;
(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 Buzinesswares 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 Buzinesswares or upstream providers premises all property owned by Customer, including, but not limited to, immediately removing all of Customers 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 Buzinesswares 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.
6. Disclaimers; 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 Buzinesswares 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 Buzinesswares 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. Buzinesswares Use of Customers Name: Customer agrees that Buzinessware may, upon written consent by Customer, publicly disclose that Buzinessware is providing services to Customer and may include Customers name in any promotional materials, such as press releases or Buzinesswares web site. Neither party may publicly use the other partys logo or other trade or service mark without that partys 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 Buzinesswares 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 Reseller Agreement along with all its appendices, extensions and amendments at any given point in time (hereinafter referred to as the "Agreement") is made, entered into and executed as of the day of signup (hereinafter referred to as the "Effective Date")
Buzinessware FZCO (hereinafter referred to as "Principal") and you (hereinafter referred to as "Reseller "). If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the term "Reseller " shall refer to such entity.
(The Principal and the Reseller may be referred to individually as a "Party" and collectively as the "Parties").
WHEREAS the Principal provides various Products and Services which it has provided/rendered/sold, or is providing/rendering/selling through this Reseller Program;
AND WHEREAS the Reseller wishes to purchase and resell Principal's Products and Services
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, the Principal and the Reseller , intending to be legally bound, hereby agree as follows:
"Principal Website" refers to www.buzinessware.com
"Business Day" refers to a working day between Saturday to Thursday excluding all Public Holidays.
"Control Panel" refers to buzinessone, the unified control panel powered by buzinessware including Servers, Software, Interfaces, Principal Products and API that is provided for use directly or indirectly under this Agreement by the Principal and/or its Service Providers.
"Principal Products" refer to all products and services of Principal which it has provided/rendered/sold, or is providing/rendering/selling through this Reseller Program.
"Order" refers to a Principal Product purchased directly or indirectly by a Reseller , having a unique Order ID in the Control Panel Database.
"Service Providers" refers individually and collectively to any Artificial Juridical Persons, Company, Concern, Corporation, Enterprise, Firm, Individual, Institute, Institution, Organization, Person, Society, Trust or any other Legal Entity that Principal or its Service Providers (recursively) may, directly or indirectly, Engage / Employ / Outsource / Contract for the fulfillment / provision / purchase of Principal Products, Control Panel and any other services and operations of Principal.
"Prohibited Persons" refers to individuals, organizations or entities located in certain sanctioned countries (each a "Sanctioned Country") and certain individuals, organizations, entities, or domain names as listed by the government of the United Arab Emirates, with whom all or certain commercial activities are prohibited.
"Confidential Information", as used in this Agreement shall mean all data, information and materials including, without limitation, computer software, data, information, databases, protocols, reference implementation, documentation, functional and interface specifications, provided by Principal to the Reseller under this Agreement, whether written, transmitted, oral, through the Principal Website or otherwise, that is marked as Confidential.
2. OBLIGATIONS OF THE PRINCIPAL
Principal at its sole discretion may approve the reseller after the signup is completed & the verification process is completed
Principal shall always make available the latest version of the Reseller Agreement in the Control Panel.
Principal shall be responsible for providing customer service, billing support, and technical support to the Reseller only & not its Customers
Principal will notify the Reseller via email whenever newer versions of any Agreement, Pricing, Product or Promotions are posted in the Control Panel.
3. OBLIGATIONS OF THE RESELLER
The Reseller shall be responsible for providing customer service, billing support, and technical support to their Customers.
The Reseller acknowledges that in the event of any dispute and/or discrepancy concerning any data element of an Order, Sub-Reseller or Customer in the Control Panel Database, the data element in the Control Panel Database records shall prevail.
The Reseller acknowledges that all information of the Customer in the Control Panel , including authentication information is accessible to Principal and its Service Providers
Reseller acknowledges that Principal Products may be obtained through Service Providers, and as such, changes in structure, or contracts may occur, and as a result services may be adversely affected. Reseller acknowledges and agrees that Principal shall not have any liability associated with any such occasion.
The Reseller shall comply with all other terms or conditions relating to, including without limitation, Principal Products, Website, Control Panel or relating to this Agreement etc. as established by Principal and/or its Service Providers from time to time. The Principal does not endorse or assure the quality, availability, or timeliness or any other assurance in relation to product or services provisioned by non-Buzinessware FZCO website(s).
The Reseller agrees that Principal Products under this agreement may be made available to Customers, only after they enter into a legally binding agreement which is no less protective of Principal than this Agreement. The Reseller will be responsible for ensuring compliance with such applicable terms and conditions and shall be responsible for any liability resulting from noncompliance with such terms and conditions.
The Reseller agrees to provide, maintain and update, current, complete and accurate information for all the data elements about the Reseller in the Control Panel Database.
Reseller shall not transact with or act on behalf of any Prohibited Person. If Reseller is a Prohibited Person, Reseller is prohibited from registering or signing up with, subscribing to, or using any Principal Product, or participating in the Reseller program. Any violation of this provision as determined in Principal's sole discretion, may result in the suspension and/or termination of the Reseller account and the termination of this Agreement without a refund or compensation of any kind to Reseller .
4. REPRESENTATIONS AND WARRANTIES
Principal and the Reseller represent and warrant that:-
(1) they each have all requisite power and authority to execute, deliver and perform their obligations under this Agreement;
(2) By clicking on I have read the Reseller Agreement & agree to all the terms therein. on Buzinessware website Sign up page This Agreement has been duly and validly executed and delivered and constitutes a legal, valid and binding obligation, enforceable against the Reseller and Principal in accordance with its terms. Principal at its sole discretion may approve the reseller after the signup is completed & the verification process is completed
(3) The execution, delivery, and performance of this Agreement and the consummation by Principal and the Reseller of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time, or both, conflict with or violate:-
(1) any provision of law, rule, or regulation;
(2) any order, judgment, or decree;
(3) any provision of corporate by-laws or other documents; or
(4) any agreement or other instrument.
(5) the execution, performance and delivery of this Agreement has been duly authorized by the Reseller and Principal;
(6) No consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made in connection with the execution, delivery, and performance of this Agreement or the taking of any other action contemplated hereby;
The Reseller represents and warrants that:
(1) the Reseller has read and understood every clause of this Agreement
(2) the Reseller has independently evaluated the desirability of the service and is not relying on any representation agreement, guarantee or statement other than as set forth in this agreement
(3) the Reseller is not a Prohibited Person and is not acting on behalf of a Prohibited Person; and
(4) the Reseller is eligible, to enter into this Contract according to the laws of the Reseller 's country
5. RIGHTS OF Principal AND SERVICE PROVIDERS
Principal and Service Providers may change any information, including Authentication Information of the Reseller in the Control Panel Database upon receiving authorization from the Reseller or any authorised representatives of the Reseller in any form as maybe prescribed by Principal from time to time.
Principal and Service Providers may provide/send any information in the Control Panel Database, about the Reseller , including Authentication information
(1) to the Reseller Contact Details
(2) to any authorised representative, agent, contractee, employee of the Reseller upon receiving authorization in any form as maybe prescribed by Principal from time to time
(3) to the Service Providers
(4) Principal and Service Providers in its own discretion can at any point of time temporarily or permanently cease to sell a Principal Product
(5) Principal reserves the right to change pricing, minimum order levels, and discounts, of any Principal Product , at any time
(6) Principal reserves the right to introduce promotional marketing schemes for any Principal Product at anytime. Principal make it mandatory upon Reseller to participate in such a promotional marketing scheme
(7) Principal and Service Providers, in their sole discretion, expressly reserve the right to deny any Order or cancel an Order within 30 days of processing the same. In such case Principal may refund the fees charged for the Order, after deducting any processing charges for the same
(8) Principal and Service Providers, in their sole discretion, without notice, expressly reserve the right to to fix any bugs in, modify, upgrade, freeze the Control Panel , Principal Products and its associated services. Principal in its sole discretion, without notice, expressly reserves the right to modify the content on any page within the Control Panel and Principal product interfaces, including but not limited to marketing content, images, html, styles, pricing information and any other information, Reseller acknowledges that actions described in this paragraph may occur without notification or knowledge of the Reseller . Principal will not be held responsible or liable for any such changes under any circumstance
(9) Notwithstanding anything to the contrary, Principal and Service Providers, in their sole discretion, expressly reserve the right to without notice or refund, acccess, delete, suspend, deny, cancel, modify, intercept and analyze traffic of, copy, backup, access data of, redirect, log usage of, monitor, limit access to, limit access of, take ownership of or transfer any Order, or to delete, suspend, freeze, modify Reseller s' access to Control Panel , or to modify, upgrade, suspend, freeze Control Panel , or to publish, transmit, share data in the Control Panel Database with any person or entity, or to contact any entity in the Control Panel Database, in order to recover any Payment from the Reseller for any service rendered by the Principal including services rendered outside the scope of this agreement for which the Reseller has been notified and requested to remit payment, or to publish, transmit, share data in the Control Panel Database with any person or entity, or to contact any entity in the Control Panel Database, or to correct mistakes made by Principal or its Service Providers in processing or executing an Order, or in the case of any breach or violation or threatened breach or violation of this Agreement, or incase Principal learns of a possibility of breach or violation of this Agreement which Principal in its sole discretion determines to be appropriate, or incase of Termination of this Agreement, or if Principal learns of any such event which Principal reasonably determines would lead to Termination of this Agreement or would constitute as Breach thereof, or to protect the integrity and stability of the Principal Products and the Control Panel , or to comply with any applicable laws, government rules or requirements, requests of law enforcement, or in compliance with any dispute resolution process, or in compliance with any agreements executed by Principal, or to avoid any liability, civil or criminal, on the part of Principal and/or Service Providers, as well as their affiliates, subsidiaries, officers, directors and employees, or if the Reseller and/or its Customers or any other authorised representatives of the Reseller violate any applicable laws/government rules/usage policies, including but not limited to, intellectual property, copyright, patent or Principal learns of the possibility of any such violation, or upon authorisation from the Reseller in any manner that Principal deems satisfactory, or for any other appropriate reason. The Reseller agrees that Principal and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Principal and Service Providers, are not liable for loss or damages that may result from any of the above
(10) In case of Orders involving web services, Principal and Service Providers can choose to redirect any Order to any IP Address including, without limitation, to an IP address which hosts a parking page or a commercial search engine for the purpose of monetization, if an Order has expired, or is suspended, or does not contain valid information to direct it to any destination. Reseller acknowledges that Principal and Service Providers cannot and do not check to see whether such a redirection, infringes any legal rights including but not limited to intellectual property rights, privacy rights, trademark rights, of Reseller , or that the content displayed due to such redirection is inappropriate, or in violation of any federal, state or local rule, regulation or law, or injurious to Reseller or any third party, or their reputation and as such is not responsible for any damages caused directly or indirectly as a result of such redirection
(11) Principal has the right to rectify any mistakes in the data in the Control Panel Database with retrospective effect.
(12) Principal and Service Providers expressly reserve the right to suspend or terminate Reseller 's account, without prior notice and without issuing a refund or compensation of any kind, if Principal or Service Provider determines in its sole discretion, that Reseller has violated the OFAC Provision in Section 4. Principal and Service Provider shall not be liable for any loss or damages resulting from such action whether such loss or damage is incurred by the Reseller , the Reseller 's customer, or a third party. Principal will not directly or indirectly refund any amounts to any Prohibited Person, including without limitation, any amounts in a Reseller 's Advance Account.
6. TERMS OF AGREEMENT AND RENEWAL
(1). Subject to the term of this Agreement, the initial term of the Order purchased by You shall be for the period set forth in the registration form presented to You at the first time You purchase the Order (the "Initial Term"). Unless You cancel prior to the end of the Initial Term, the Term shall automatically renew for successive periods (each a "Renewal Period") of equal length as the Initial Term, unless otherwise You elect not to renew at the end of the Initial Term or Renewal Period by giving a written notice of 30 days prior to expiry of Initial Term or the Renewal Period, as the case may be. For the purpose of this section Term shall include Initial Term or Renewal Period as the context may arise. You acknowledge, agree, and authorize the Principal to automatically bill the applicable fee and/or charge your Advance Account and/or Card Information (as defined herein below) or other payment account on file, if any, for each Renewal Period, unless you terminate or cancel the Order prior to such charge as provided in this section.
(2) This Agreement shall be terminated in accordance with the Section 8 (TERMINATION OF AGREEMENT).
7. TERMINATION OF AGREEMENT
In the event that the Reseller does not perform to minimum levels of AED 10,000 revenue/year, they will be auto scaled to a regular customer status without any discounted volume pricing
With immediate effect, if the other Party is adjudged insolvent or bankrupt, or if proceedings are instituted by or against a Party seeking relief, reorganization or arrangement or compromise or settlement under any laws relating to insolvency, or seeking any assignment for the benefit of creditors, or seeking the appointment of a receiver, liquidator or trustee of a Party's property or assets or the liquidation, dissolution or winding up of a Party's Business.
In the event that the Reseller or an Agent / Employee / Authorized Representative of the Reseller materially breaches any term of this Agreement and/or any Reseller Product Agreement Extension, including any of its representations, warranties, covenants and agreements hereunder
There was a material misrepresentation and/or material inaccuracy, and/or materially misleading statement in Reseller 's Application to Principal and/or any material accompanying the application.
The Reseller or an Agent / Employee / Authorized Representative of the Reseller is convicted of a felony or other serious offense related to financial activities, or is judged by a court to have committed fraud or breach of fiduciary duty, or is the subject of a judicial determination that Principal reasonably deems as the substantive equivalent of any of these; or
The Reseller is disciplined by the government of its domicile for conduct involving dishonesty or misuse of funds of others.
(1) as provided for in Appendix 'A' and Appendix 'C'
(2) Effect of Termination of this Agreement
(1) Principal shall suspend Reseller s' access to the Control Panel , Principal Servers and all Principal Products and Services, under this agreement and all Reseller Product Agreement Extensions, immediately upon learning of any event, which Principal reasonably determines, would lead to Termination of the Agreement.
(2) Upon expiration or termination of this Agreement, all Reseller Product Agreement Extensions signed by the Reseller shall deemed to have been Terminated with immediate effect
(3) Upon expiration or termination of this Agreement, Principal may complete the processing of all Orders requested to be processed, in the order that they were requested to be processed, by the Reseller prior to the date of such expiration or termination
(4) Principal may transfer all Orders falling under the purview of the specific Reseller Product Agreement to another Reseller or Principal.
(5) Any pending balance due from the Reseller at the time of termination of this Agreement or any Reseller Product Agreement Extension will be immediately payable.
(6) Neither Party shall be liable to the other for damages of any sort resulting solely from terminating this Agreement or any Reseller Product Agreement Extension in accordance with its terms, unless specified otherwise.The Reseller however shall be liable for any damage arising from any breach by it of this Agreement or any Reseller Product Agreement Extension.
8. FEES / RENEWALS
(1) You shall pay all applicable fees as per the Payment Terms and Conditions set out in Appendix 'C'; In addition to the foregoing, You agree by purchasing the Order(s) the Principal shall be allowed to place Your account on a recurring payment plan. Unless You disable the automatic renewal option by selecting appropriate option in the Reseller Control Panel, the Principal shall have the right to automatically renew the Order(s) when it comes up for renewal and will take payment from the payment method the Principal have on file. For avoidance of doubt it is agreed between the Parties that auto-renewal shall be available for all Order(s).
You acknowledge, agree and authorize the Principal or its Service Providers to seek, demand, capture, process, transfer and store your debit/credit card information (the "Card Information") when you are making any purchase or renewing the Order(s).
You agree and acknowledge that auto-renewal subjected to recurring payment plans may fail in the following scenarios:-
a. If you disable auto-renewal for any Order, at any time;
b. If you delete any Card Information on record from the Reseller Control Panel, the Card Information expires, or insufficient of funds or exceeds its permissible limit;
If the Control Panel is unable to successfully carry out auto-renewal
of your Order(s) in cases including, but not limited to, the Order
being locked/suspended, an action waiting to be processed etc. in
accordance with this Agreement;
In such event, you agree and acknowledge that it is your responsibility to manually track of and renew the Order(s).
(2) Principal will charge a non-refundable fee for an Order unless stated otherwise in any Product Agreement Extension. The applicable fees will be displayed in the Reseller Control Panel or on the Principal Website and during the Ordering Process. Principal has the right to revise this pricing at anytime. Any such revision or change will be binding and effective immediately on posting of the revision in the Reseller Control Panel or on the Principal Website or on notification to the Reseller via email to the Reseller.
(3) Reseller acknowledges that it is the Reseller 's responsibility to keep records and maintain reminders regarding the expiry of any Order. As a convenience to the Reseller , and not as a binding commitment, we may notify the Reseller of any expiring Orders, via an email message sent to the contact information associated with the Reseller in the Control Panel database. Should renewal fees go unpaid for an Order, the Order will expire.
The Reseller agrees to expressly authorize Principal to send the Reseller Account and Order related transactional SMS messages, even in the case that the Reseller 's mobile number is listed as DND with the concerned Telecom Regulatory Authority. The Reseller also agrees to expressly authorize Principal to send his Customers Order related transactional SMS messages using the Reseller 's Branding, even in the case that the Customer's mobile number is listed as DND with the concerned Telecom Regulatory Authority.
(4) Reseller acknowledges that after expiration of the term of an Order, Reseller has no rights on such Order, or any information associated with such Order, and that ownership of such Order now passes on to Principal. Principal and Service Providers may make any modifications to said Order or any information associated with said Order. Principal and Service Providers may intercept any network/communication requests to such Order and process them in any manner in their sole discretion. Principal and Service Providers may choose to monetize such requests in any fashion at their sole discretion. Principal and Service Providers may choose to display any appropriate message, and/or send any response to any user making a network/communication request, for or concerning said Order. Principal and Service Providers may choose to delete said Order at anytime after expiry upon their sole discretion. Principal and Service Providers may choose to transfer the ownership of the Order to any third party in their sole discretion. Reseller acknowledges that Principal and Service Providers shall not liable to Reseller or any third party for any action performed under this clause.
(5) Principal at its sole discretion may allow the renewal of the Order after Order expiry, and such renewal term will start as on the date of expiry of the Order, unless otherwise specified. Such process may be charged separately. Such renewal after the expiry of the Order may not result in exact reinstatement of the Order in the same form as it was prior to expiry.
(6) Principal makes no guarantees about the number of days, after deletion of an Order, after which the same Order will once again become available for purchase.
9. LIMITATION OF LIABILITY
IN NO EVENT WILL PRINCIPAL, SERVICE PROVIDERS, OR CONTRACTORS OR THIRD PARTY BENEFICIARIES BE LIABLE TO THE Reseller FOR ANY SPECIAL, INDIRECT, ANCILLARY, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RESULTING FROM LOSS OF PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF PRINCIPAL AND/OR SERVICE PROVIDERS, OR CONTRACTORS OR THIRD PARTY BENEFICIARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Principal FURTHER DISCLAIMS ANY AND ALL LOSS OR LIABILITY RESULTING FROM, BUT NOT LIMITED TO:
(1) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF AUTHENTICATION INFORMATION;
(2) LOSS OR LIABILITY RESULTING FROM FORCE MAJEURE EVENTS;
(3) LOSS OR LIABILITY RESULTING FROM ACCESS DELAYS OR ACCESS INTERRUPTIONS;
(4) LOSS OR LIABILITY RESULTING FROM NON-DELIVERY OF DATA OR DATA MISS-DELIVERY;
(5) LOSS OR LIABILITY RESULTING FROM ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY AND ALL INFORMATION OR Principal PRODUCT(S) PROVIDED UNDER THIS AGREEMENT;
(6) LOSS OR LIABILITY RESULTING FROM THE INTERRUPTION OF SERVICE.
If any legal action or other legal proceeding (including arbitration) relating to the performance under this Agreement or the enforcement of any provision of this Agreement is brought against Principal by the Reseller, then in no event will the liability of Principal exceed actual amount paid by the Reseller for the Order in question minus direct expenses incurred with respect to the Order in question.
BOTH PARTIES ACKNOWLEDGE THAT THE CONSIDERATION AGREED UPON BY THE PARTIES IS BASED IN PART UPON THESE LIMITATIONS, AND THAT THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT WILL THE LIABILITY OF THE Principal RELATING TO THIS AGREEMENT EXCEED TOTAL AMOUNT PAID TO Principal BY THE Reseller DURING THE MOST RECENT THREE (3) MONTH PERIOD PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY.
(1) The Reseller , at its own expense, will indemnify, defend and hold harmless, Principal, Service Providers and the contractors, employees, directors, officers, representatives, agents and affiliates, of Principal and Service Providers against any claim, suit, action, or other proceeding brought against Principal and/or Service Providers based on or arising from any claim or alleged claim, of third parties relating to or arising under this Agreement, Principal Products provided hereunder or use of the Principal Products, including without limitation:-
(1) arising out of any breach by the Reseller of this Agreement
(2) relating to any product or service of the Reseller
(3) relating to any actions of the Reseller , or the Reseller 's employees, customers or any other party affiliated with the Reseller directly or indirectly;
(4) relating to any agreement and Terms and Conditions with any Customer of the Reseller
(5) relating to the Reseller 's, including, but not limited to, the advertising, application process, systems and other processes, fees charged, billing practices and customer services provided
(6) relating to or arising out of any Order or use of any Order
(7) relating to any action of Principal as permitted by this Agreement
(8) relating to any action of Principal carried out on behalf of Reseller as described in this Agreement
However, that in any such case Principal may serve the Reseller with notice of any such claim and upon the Reseller 's written request, Principal will provide to the Reseller all available information and assistance reasonably necessary for the Reseller to defend such claim, provided that the Reseller reimburses Principal for its actual costs.
The Reseller will pay any and all costs, damages, and expenses, including, but not limited to, actual attorneys' fees and costs awarded against or otherwise incurred by Principal in connection with or arising from any such indemnifiable claim, suit, action or proceeding.
11. INTELLECTUAL PROPERTY & EMPLOYMENT
Subject to the provisions of this Agreement, each Party will continue to independently own his/her/its intellectual property, including all patents, trademarks, trade names, domain names, service marks, copyrights, trade secrets, proprietary processes and all other forms of intellectual property. Any improvements to existing intellectual property will continue to be owned by the Party already holding such intellectual property.
Without limiting the generality of the foregoing, no commercial use rights or any licenses under any patent, patent application, copyright, trademark, know-how, trade secret, or any other intellectual proprietary rights are granted by Principal to the Reseller , or by any disclosure of any Confidential Information to the Reseller under this Agreement
Reseller shall further ensure Reseller does not infringe any intellectual property rights or other rights of any person or entity, or does not publish any content that is libelous or illegal while using services under this Agreement. Reseller acknowledges that Principal cannot and does not check to see whether any services or the use of the services by the Reseller under this Agreement, infringes legal rights of others.
Reseller and/or any of its shareholders, employees, directors, officers, agents, contractors, of Reseller and its subsidiaries have invested in or have any form of interest or control in, or work for, or contract with, shall not, directly or indirectly, knowingly or unknowingly, employ, make, or seek to make any offer of employment to Principal staff during the term of this Agreement and for a period of 3 years (36 months) following termination of same.
12. OWNERSHIP AND USE OF DATA
(1) Reseller agrees and acknowledges that Principal owns all data, compilation, collective and similar rights, title and interests alonwith all information and derivative works generated from the Control Panel Database worldwide
(2) Principal and Service Providers and their designees/agents have the right to backup, copy, publish, disclose, use, sell, modify, process this data in any form and manner as maybe required for compliance of any agreements executed by Principal or Service Providers, or in order to fulfill services under this Agreement, or for any other appropriate reason.
13. DELAYS OR OMISSIONS; WAIVERS
No failure on the part of any Party to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of any Party in exercising any power, right, privilege or remedy under this Agreement, shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise or waiver of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy.
No Party shall be deemed to have waived any claim arising out of this Agreement, or any power, right, privilege or remedy under this Agreement, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of such Party; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.
No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other provision (whether or not similar), nor shall such waiver constitute a waiver or continuing waiver unless otherwise expressly provided in writing duly executed and delivered.
14. RIGHT TO SUBSTITUTE UPDATED AGREEMENT AND Reseller PRODUCT AGREEMENT EXTENSIONS
(1) During the period of this Agreement, Reseller agrees that Principal may:-
(1) revise the terms and conditions of; and
(2) change the services provided
under this Agreement, or any Reseller Product Agreement Extension.
(2) Any such revision or change will be binding and effective immediately on posting of the revision in the Reseller Control Panel or on the Principal Website or on notification to the Reseller via email.
(3) The Reseller agrees to review the Reseller Control Panel and the Principal Website including the agreements, periodically, to be aware of any such revisions
(4) If the Reseller does not agree with any revision, the Reseller may terminate the Agreement or Reseller Product Agreement Extension according to Section 8(3) of this Agreement
(5) Reseller agrees that, continuing use of the services under this Agreement or the Reseller Product Agreement Extension following notice of any revision, will constitute as an acceptance of any such revisions or changes
(6) The Reseller shall execute, if required by Principal, in a form and manner prescribed by Principal, a supplementary agreement incorporating the amendments to or revisions of the Agreement and/or Reseller Product Agreement Extension
(7) It will be the Reseller 's responsibility to communicate any changes in the agreement and any obligations/duties covered by these changes to the Reseller 's Agents / Authorised Representatives.
All Confidential Information shall be governed by the Confidentiality Agreement as attached in Appendix 'B'.
The Reseller shall not create, publish, distribute, or permit any written / Oral / electronic material that makes reference to us or our Service Providers or uses any of Principal's registered Trademarks / Service Marks or our Service Providers' registered Trademarks / Service Marks without first submitting such material to us and receiving prior written consent.
The Reseller gives Principal the right to recommend / suggest the Reseller 's name and details to Customers / Visitors to the Principal Website, and Prospective Customers and use the Reseller s name in marketing / promotional material with regards to Principal Products.
The Reseller shall be responsible for sales tax, consumption tax, transfer duty, custom duty, octroi duty, excise duty, income tax, and all other taxes and duties, whether international, national, state or local, however designated, which are levied or imposed or may be levied or imposed, with respect to this Agreement and the Principal Products.
18. FORCE MAJEURE
Neither party shall be liable to the other for any loss or damage resulting from any cause beyond its reasonable control (a "Force Majeure Event") including, but not limited to, insurrection or civil disorder, riot, war or military operations, national or local emergency, acts or directives or omissions of government or other competent authority, compliance with any statutory obligation or executive order, strike, lock-out, work stoppage, industrial disputes of any kind (whether or not involving either party's employees), any Act of God, fire, lightning, explosion, flood, earthquake, eruption of volcano, storm, subsidence, weather of exceptional severity, equipment or facilities breakages / shortages which are being experienced by providers of telecommunications services generally, or other similar force beyond such Party's reasonable control, and acts or omissions of persons for whom neither party is responsible. Upon occurrence of a Force Majeure Event and to the extent such occurrence interferes with either party's performance of this Agreement, such party shall be excused from performance of its obligations (other than payment obligations) during the first three months of such interference, provided that such party uses best efforts to avoid or remove such causes of non performance as soon as possible.
19. ASSIGNMENT / SUBLICENSE
Except as otherwise expressly provided herein, the provisions of this Agreement shall inure to the benefit of and be binding upon, the successors and assigns of the Parties. The Reseller shall not assign, sublicense or transfer its rights or obligations under this Agreement to any third person(s)/party without the prior written consent of the Principal.
THE CONTROL PANEL , PRINCIPAL SERVERS AND ANY OTHER SOFTWARE / API / SPECIFICATION / DOCUMENTATION / APPLICATION SERVICES IS PROVIDED ON "AS IS" AND "WHERE IS" BASIS AND WITHOUT ANY WARRANTY OF ANY KIND.
PRINCIPAL AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND / OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS AND QUALITY/AVAILABILITY OF TECHNICAL SUPPORT.
Principal AND SERVICE PROVIDERS ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY IN CONNECTION WITH YOUR ACCESS TO, USE OF, Control Panel OR BY ACCESSING Principal SERVERS. WITHOUT LIMITING THE FOREGOING, Principal AND SERVICE PROVIDERS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT (A) ANY INFORMATION/DATA/DOWNLOAD AVAILABLE ON OR THROUGH Control Panel OR Principal SERVERS WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING DESTRUCTIVE PROPERTIES; OR (B) THE INFORMATION AVAILABLE ON OR THROUGH THE Control Panel /Principal SERVERS WILL NOT CONTAIN ADULT-ORIENTED MATERIAL OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE; OR (C) THE FUNCTIONS OR SERVICES PERFORMED BY Principal AND SERVICE PROVIDERS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE Control Panel WILL BE CORRECTED; OR (D) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR (E) THE SERVICES PROVIDED UNDER THIS AGREEMENT OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM OR DATA. OR (F) YOU WILL RECEIVE NOTIFICATIONS, REMINDERS OR ALERTS FOR ANY EVENTS FROM THE SYSTEM INCLUDING BUT NOT LIMITED TO ANY MODIFICATION TO YOUR ORDER, ANY TRANSACTION IN YOUR ACCOUNT, ANY EXPIRY OF AN ORDER
Principal AND SERVICE PROVIDERS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE SUITABILITY OF THE INFORMATION, CONTENT, DATA, SERVICES, AVAILABLE OR WITH RESPECT TO THEIR LEGITIMACY, LEGALITY, VALIDITY, QUALITY, STABILITY, COMPLETENESS, ACCURACY OR RELIABILITY. Principal AND SERVICE PROVIDERS DO NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY THE CONTENT OF ANY SUCH INFORMATION. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSIONS, AS TO IMPLIED WARRANTIES, MAY NOT APPLY TO YOU.
FURTHERMORE, Principal NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE Control Panel , Control Panel SERVERS, Principal WEBSITE AND ANY OTHER SOFTWARE / API / SPECIFICATION / DOCUMENTATION / APPLICATION SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Any Dispute, including any question regarding the existence, validity or termination of the Agreement, shall be referred to and finally resolved by arbitration under the rules of the Dubai, United Arab Emirates. The seat, or legal place, of arbitration shall be Dubai, United Arab Emirates. The language to be used in arbitral proceedings shall be English.
22. JURISDICTION & ATTORNEY'S FEES
This Agreement shall be governed by and interpreted and enforced in accordance with the laws of United Arab Emirates, applicable therein without reference to rules governing choice of laws. Subject to Section 22, any action relating to this Agreement must be brought in a court in Dubai, United Arab Emirates. Principal reserves the right to enforce the law in the Country/State/District where the Registered/Corporate/Branch Office, or Place of Management of the Reseller is situated as per the laws of that Country/State/District.
If any legal action or other legal proceeding relating to the performance under this Agreement or the enforcement of any provision of this Agreement is brought against either Party hereto, the prevailing Party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing Party may be entitled.
(1) Any reference in this Agreement to gender shall include all genders, and words importing the singular number only shall include the plural and vice versa.
(2) There are no representations, warranties, conditions or other agreements, express or implied, statutory or otherwise, between the Parties in connection with the subject matter of this Agreement, except as specifically set forth herein.
(3) The Parties shall attempt to resolve any disputes between them prior to resorting to litigation through mutual understanding or a mutually acceptable Arbitrator.
(4) Survival: In the event of termination of this Agreement for any reason, Sections 1, 4, 6, 8(5), 8(6), 8(7), 8(8), 9, 10, 11, 12, 13, 14, 16, 17, 18, 21, 22, 23, 24(3), 24(4), 24(6), 24(10), 25(2) and all Sections of Appendix A, and all Sections of Appendix B, and Sections 1(5), 1(6), 1(7), 2(5), 3, 4 of Appendix C and any Sections covered separately under a Survival clause in any Reseller Product Agreement Extension shall survive
(5) This Agreement does not provide and shall not be construed to provide third parties (i.e. non-parties to this Agreement), including any Sub-Reseller , Customer, and Prospective Customer with any remedy, claim, and cause of action or privilege against Principal.
(6) The Reseller and Principal and its Service Providers are independent contractors, and nothing in this Agreement will create any Reseller ship, joint venture, agency, franchise, and sales representative or employment relationship between the parties. Reseller will have no authority to make or accept any offers or representations on our, or our Service Providers', behalf. Reseller will not make any statement, whether on his Website or otherwise, that reasonably would contradict anything in this Agreement.
(7) Further Assurances: Each Party hereto shall execute and/or cause to be delivered to the other Party hereto such instruments and other documents, and shall take such other actions, as such other Party may reasonably request for the purpose of carrying out or evidencing any of the transactions contemplated / carried out, by / as a result of, this Agreement.
(8) Construction: The Parties agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be applied in the construction or interpretation of this Agreement.
(9) Entire Agreement; Severability: This Agreement, which includes Appendix A, Appendix B, Appendix C and each executed Reseller Product Agreement Extension constitutes the entire agreement between the Parties concerning the subject matter hereof and supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein. If any provision of this Agreement shall be held to be illegal, invalid or unenforceable, each Party agrees that such provision shall be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby. If necessary to effect the intent of the Parties, the Parties shall negotiate in good faith to amend this Agreement to replace the unenforceable language with enforceable language that reflects such intent as closely as possible.
(10) The division of this Agreement into Sections, Subsections, Appendices, Extensions and other Subdivisions and the insertion of headings are for convenience of reference only and shall not affect or be used in the construction or interpretation of this Agreement.
(11) This agreement may be executed in counterparts.
(12) Language. All notices, designations, and specifications made under this Agreement shall be made in the English Language only.
(13) Dates and Times. All dates and times relevant to this Agreement or its performance shall be computed based on the date and time observed in the city of the Registered office of the Principal
In the event that Principal suspects breach of any of the terms and conditions of this Agreement:
(1) Principal can immediately, without any notification and without assigning any reasons, suspend / terminate Reseller s' access to all Principal Products and Services and the Control Panel.
(2) Reseller will be immediately liable for any damages caused by any breach of any of the terms and conditions of this Agreement.
(1) Any notice or other communication required or permitted to be delivered to Principal under this Agreement shall be in writing unless otherwise specified and shall be deemed properly delivered when delivered to the legal contact address specified in the Reseller Control Panel or on the Principal Website, by registered mail or courier. Any communication shall be deemed to have been validly and effectively given, on the date of receiving such communication, if such date is a Business Day and such delivery was made prior to 17:30 hours local time, and otherwise on the next Business Day.
(2) Any notice or other communication to be delivered to Principal via email under this agreement shall be deemed to have been properly delivered if sent to its Legal Contact mentioned in the Reseller Control Panel or on the Principal Website.
(3) Any notice or other communication required or permitted to be delivered to the Reseller under this Agreement shall be deemed properly delivered, given and received when delivered to email address or contact address of the Reseller in the Control Panel Database.
(4) Other than those notices mentioned in this agreement, Principal is NOT required to communicate with the Reseller in any respect about services provided under this agreement. As a convenience to the Reseller , Principal may proactively send notices about aspects with regards to services rendered under this Agreement, however these notices may be discontinued by Principal at anytime.
TERMS AND CONDITIONS OF Control Panel USAGE
This Appendix A covers the terms of access to the Control Panel . Any violation of these terms will constitute a breach of agreement, and grounds for immediate termination of this Agreement.
1. ACCESS TO Control Panel
(1) Principal may in its ABSOLUTE and UNFETTERED SOLE DISCRETION, temporarily suspend Reseller s' access to the Control Panel in the event of significant degradation of the Control Panel , or at any time Principal may deem necessary.
(2) Principal may in its ABSOLUTE and UNFETTERED SOLE DISCRETION make modifications to the Control Panel from time to time.
(3) Access to the Control Panel is controlled by authentication information provided by Principal. Principal is not responsible for any action in the Control Panel that takes place using this authentication information whether authorized or not.
(4) Principal is not responsible for any action in the Control Panel by a Reseller
(5) Reseller will not attempt to hack, crack, gain unauthorized access, misuse or engage in any practice that may hamper operations of the Control Panel including, without Limitation temporary / permanent slow down of the Control Panel , damage to data, software, operating system, applications, hardware components, network connectivity or any other hardware / software that constitute the Control Panel and architecture needed to continue operation thereof.
(6) Reseller will not send or cause the sending of repeated unreasonable network requests to the Control Panel or establish repeated unreasonable connections to the Control Panel . Principal will in its ABSOLUTE and UNFETTERED SOLE DISCRETION decide what constitutes as a reasonable number of requests or connections.
(7) Reseller will take reasonable measures and precautions to ensure secrecy of authentication information.
(8) Reseller will take reasonable precautions to protect Control Panel Data from misuse, unauthorized access or disclosure, alteration, or destruction.
(9) Principal shall not be responsible for damage caused due to the compromise of your Authentication information in any manner OR any authorized/unauthorized use of the Authentication Information.
(10) Principal shall not be liable for any damages due to downtime or interruption of Control Panel for any duration and any cause whatsoever.
(11) Principal shall have the right to temporarily or permanently suspend access of a Reseller to the Control Panel if Principal in its ABSOLUTE and UNFETTERED SOLE DISCRETION suspects misuse of the access to the Control Panel , or learns of any possible misuse that has occurred, or will occur with respect to a Reseller.
(12) Principal and Service Providers reserve the right to, in their sole discretion, reject any request, network connection, e-mail, or message, to, or passing through, Control Panel
2. Terms of USAGE OF Control Panel
(1) Reseller , or its contractors, employees, directors, officers, representatives, agents and affiliates and Reseller s, either directly or indirectly, shall not use or permit use of the Control Panel , directly or indirectly, in violation of any country, state or local rule, regulation or law, or for any unlawful purpose, or in a manner injurious to Principal, Service Providers or other Reseller s, Customers and Reseller s, or their reputation, including but not limited to the following activities -
(1) Usenet spam (off-topic, bulk posting/cross-posting, advertising in non-commercial newsgroups, etc.)
(2) Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 2-3) or posting of articles which are off-topic (i.e., off-topic according to the newsgroup charter or the article provokes complaints from the readers of the newsgroup for being off-topic)
(3) Sending unsolicited mass e-mails (i.e., to more than 10 individuals, generally referred to as spamming) which provokes complaints from any of the recipients; or engaging in spamming from any provider
(4) Offering for sale or otherwise enabling access to software products that facilitate the sending of unsolicited e-mail or facilitate the assembling of multiple e-mail addresses ("spamware")
(5) Advertising, transmitting, linking to, or otherwise making available any software, program, product, or service that is designed to violate these terms, including but not limited to the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software
(6) Harassment of other individuals utilizing the Internet after being asked to stop by those individuals, a court, a law-enforcement agency and/or Principal
(7) Impersonating another user or entity or an existing company/user/service or otherwise falsifying one's identity for fraudulent purposes in e-mail, Usenet postings, on IRC, or with any other Internet service, or for the purpose of directing traffic of said user or entity elsewhere
(8) Pointing to or otherwise directing traffic to, directly or indirectly, any material that, in the sole opinion of Principal, is associated with spamming, bulk e-mail, e-mail harvesting, warez (or links to such material), is in violation of copyright law, or contains material judged, in the sole opinion of Principal, to be threatening or obscene or inappropriate
(9) Engaging in or solicit illegal activities, or to conduct any other activity that infringes the rights of Principal, Service Providers or any other third party
(10) Making foul or profane expressions, or impersonating another person with fraudulent or malicious intent, or to annoy, abuse, threaten, or harass that person
(11) Transmitting Unsolicited Commercial e-mail (UCE)
(12) Transmitting bulk e-mail
(13) Being listed, or, in our sole opinion is about to be listed, in any Spam Blacklist or DNS Blacklist
(14) Posting bulk Usenet/newsgroup articles
(15) Denial of Service attacks of any kind
(16) Excessive use of any web service obtained under this agreement beyond reasonable limits as determined by the Principal in its sole discretion
(17) Copyright or trademark infringement
(18) Unlawful or illegal activities of any kind
(19) Promoting net abuse in any manner (providing software, tools or information which enables, facilitates or otherwise supports net abuse)
(20) Causing lossage or creating service degradation for other users whether intentional or inadvertent.
(21) Distributing chain letters
(22) Sending large or multiple files or messages to a single recipient with malicious intent
(23) Cross-posting articles to an excessive number of, or inappropriate, newsgroups, forums, mailing lists or websites
(24) Phishing (identity theft), pharming, distribution of virus or malware, child pornography, Fast Flux techniques, running Botnet command and control, network attacks, money laundering schemes (Ponzi, Pyramid, Money Mule, etc.), or illegal distribution of prescription medications, including, but not limited to, promotion, marketing, or sale of prescription medications without a valid prescription
(25) Referencing an Control Panel provided service or an Order within a spam email
(26) Hosting, transmitting, providing, publishing, or storing illegal content, including but not limited to the following material, information, messages, data or images:
Level Agreement (SLA)
This Agreement represents a Service Level Agreement (SLA or Agreement) between Buzinessware FZCO (the company or service provider or us) and the client (the customer, or you) who has Cloud Servers, Dedicated Servers or colocation service with us. SLA also covers required support level to sustain the service.
This Agreement does not supersede current processes and procedures unless explicitly stated herein.
Goals & Objectives
The purpose of this Agreement is to ensure that the proper elements and commitments are in place to provide consistent IT service support and delivery to the Customer(s) by the Service Provider(s).
The objectives of Service Level Agreement are to:
provide the most redundant and reliable services to our client
Provide clear reference to service ownership, accountability, roles and/or responsibilities.
Present a clear, concise and measurable description of service provision to the customer.
Match perceptions of expected service provision with actual service support & delivery.
Provide 24/7/365 Quality Technical Support
The objectives of Network & Power SLA are to:
Achieve 100% Network and Power availability for all clients.
The objectives of Hardware Replacement SLA are to:
Provide immediate hardware replacement of defective server components in Buzinessware owned Server Hardware.
Network Availability & Power SLA
Network Availability & Downtime
Buzinessware provides at least one Network Port to the Dedicated Server which provides access to the Internet. Buzinessware guarantees 99.9% network connectivity uptime on this port. This excludes periods of Scheduled Maintenance, hardware failure on the Dedicated Server itself, or any loss of service through the action or inaction by or on behalf of the customer. Buzinessware cannot guarantee that any particular part of the Internet will be available outside of Buzinesswares own network.
Service Availability Guarantee for the Supply of Power
Buzinessware will supply at least one power port to the Dedicated Server. Buzinessware guarantees this power will be available 100% of the time.
The Service Availability Guarantee for the Supply of Power does not cover Service Outage due to fault where the responsibility is due to Customer actions or omissions
The Service Availability Guarantee for the Supply of Power does not cover power problems resulting from a failure of the power supply unit in the Dedicated Server itself (see Hardware Guarantee)
Hardware SLA [Applicable to Dedicated Servers]
Buzinessware guarantees that the hardware components in the Dedicated Server (Processor, RAM, HDD or SSD, Motherboard, NIC card and Power supply) will perform normally for the period of The Agreement except during maintenance windows if any.
Response to Failure
In the event of a failure of any hardware component of the Dedicated Server, Buzinessware will make all reasonable efforts to provide and install replacement parts within four (4) hours of having been notified of the fault by the Customer.
In the event that the fault is of such a serious nature that it cannot be corrected within four (4) hours, Buzinessware guarantees to offer the customer a replacement Dedicated Server of the same or superior specification for the remainder of The Agreement. This guarantee does not cover time required to perform applicable data restores and backups if required to replace faulty Server Hardware.
Under no circumstances will Buzinessware be liable for the loss of the Customers data, either as a result of hardware failure or any other cause. Neither will Buzinessware be responsible for transferring data from one Dedicated Server to another in the case where a new Dedicated Server has been offered to rectify a fault.
Buzinessware provision cloud servers and dedicated servers ready-to- go with customer's chosen OS (Listed below) installed, updated and security hardened. We will monitor and maintain your server 24/7/365 ensuring it is always online. Buzinessware will not be responsible for any corruption of Operating System after provisioning. Customer can rebuild operating system through our unified control panel. However Buzinessware will not be responsible for any data loss.
Windows Server 2008
Windows Server 2012
Windows Server 2016
Cent OS (Available Versions)
Debian (Available Versions)
Ubuntu (Available Versions)
Availability & Credits
Monthly uptime percentage and credits
All calculations are based on effective uptime%. Therefore scheduled maintenance and reboots after patching/kernel upgrade will not be considered as downtime.
Service Credits are calculated as a percentage of the total charges paid by you.
Less than 99.9% but equal to or greater than 98.0%
Less than 98.0% but equal to or greater than 95.0%
Less than 95.0% but equal to or greater than 90.0%
Less than 90.0% but equal to or greater than 85.0%
Less than 85.0%
1 Month Free
Credit Request and Payment Procedures
To receive a Service Credit, you must submit a ticket to billing department by login to control panel. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred.
Ticket must include:
Subject line should be SLA Credit Request.
Date and times of incident/outage.
Details of affected instance/server
If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.
Customers hereby agree that they will not use or install unlicensed or illegitimate third party software in conjunction with your dedicated server
It is sole responsibility of customer to maintain backup.
Buzinessware does not
maintain historical back-up copies for the purpose of point in time data recovery.
guarantee that backups will be made. Buzinessware strongly urges our customers to back-up their Data (including all files and folders) themselves or to subscribe Cloud Backup Service.
Buzinessware will not be responsible for retaining any of Your Data after termination of customers account. Customers data may be deleted promptly after termination of their cloud server as well as from backups. Buzinessware will not restore, provide on any storage media or send out any Data pertaining to terminated Accounts, unless specifically noted in a customized service agreement. It is customers responsibility to back-up and migrate their data prior to termination of account or any other action which can lead to deletion of any of data from the servers.
Server & Application Security:
It is sole responsibility of customer to maintain security of the dedicated server provisioned by Buzinessware.
Buzinessware do not keep password or any security credentials of customers Dedicated Server unless managed support plan opted.
Customer should maintain security of passwords and other credentials.
Buzinessware is not responsible for any breach or compromise of dedicated server due to lack of security.
Buzinessware is not responsible for any vulnerability in dedicated Server due to third party applications installed by customer or his representatives.
It is sole responsibility of customer to maintain security of any application installed by them and to keep up to date and stable versions.
In order to maintain performance and security of the Services, Buzinessware performs scheduled maintenance within its published maintenance windows. This may require specific Services to be suspended during the maintenance period. Loss of Service Availability due to scheduled maintenance will not be included in the calculation of Service Availability. Buzinessware will use commercially reasonable efforts to notify customer in advance of any scheduled maintenance that may adversely affect use of the Services.
In certain circumstances, Buzinessware may need to perform emergency maintenance such as security events or for security patches installation or hardware replacement. Buzinessware will not be able to provide advanced notice to customer in case of emergency maintenance. Loss of Service Availability due to emergency maintenance will be excluded from calculations for Service Availability. The determination that an event is an emergency will be made at Buzinesswares sole discretion.
This SLA and any applicable Service Levels do not apply to any performance or availability issues:
That result from a suspension due to violation of Terms of Service (https://www.buzinessware.com/terms-of-service.html).
Due to factors outside our reasonable control (for example, natural disaster, war, acts of terrorism, riots, government action, or a network or device failure external to our data centers, including at your site or between your site and our data center)
That result from your unauthorized action or lack of action when required, or from your employees, agents, contractors, or vendors, or anyone gaining access to our network by means of your passwords or equipment, or otherwise resulting from your failure to follow appropriate security practices
That result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control)
Caused by your use of a Service after we advised you to modify your use of the Service, if you did not modify your use as advised
That result from faulty input, instructions, or arguments (for example, requests to access files that do not exist)
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 Buzinesswares customers, users of Buzinesswares 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 Buzinesswares 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 Buzinesswares Services (Customers), all users of Buzinesswares Services and all users that access or utilize Buzinesswares 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 Users 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.
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 Users use of Buzinessware Services, Buzinesswares network and physical infrastructure after changes to the AUP are posted on the legal department page of Buzinesswares website (www.bw.ae) will constitute the Users 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.
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 Buzinesswares 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.
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.
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.
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:
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 Customers 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 Customers 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 users 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.
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 Buzinesswares
Intellectual Property Infringement Policy, any copyright law or any
other intellectual property right, Buzinessware reserves the right
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 Buzinesswares 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.
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.
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.
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:
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 BNCs or other proxy and re-direction software.
If a Customers 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 Customers service.
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.
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.
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 .
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 .
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 Buzinesswares compliance
with any Investigation.
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 Buzinesswares 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.
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:
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 Users content that violates this AUP.
Suspend or Terminate a Users 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.
If there is a violation of this AUP direct the information to the Abuse Department at email@example.com.
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 Users newsgroup posting privileges.
Suspend the Users account.
Terminate the Users 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 Users 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.
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 Buzinesswares public image, reputation or goodwill, as determined by us in our sole and exclusive discretion.
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 Customers actions, Buzinesswares 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.
For any complaints regarding any of our services or your Buzinessware account that are related to our Terms, please send an e-mail to firstname.lastname@example.org.
Be as detailed as possible when explaining the problem!
Collection of Information
We collect various information when you register with Buzinessware FZCO, 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
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 email@example.com.
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.
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
● 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.
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.
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.
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.
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 firstname.lastname@example.org
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 email@example.com. 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.
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 firstname.lastname@example.org. 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 email@example.com.
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.
You can contact us about this privacy statement by writing or email us at the address below:
404, Apricot Tower
Dubai Silicon Oasis
Phone: +971 4 320 6100