pageBuzz Terms of Service Agreement

pageBuzz Website Hosting Policy
& General Service Agreement

This Agreement ("Agreement") is by and between The Cyber Web, Inc. ("Cyber Web" or “pageBuzz”) a/an Florida corporation and You, Your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of pageBuzz software and services (“Software” or “Services” or “System”) and explains Cyber Web's obligations to You and Your obligations to Cyber Web in relation to the Software and Services You purchase.

This Agreement as well as any additional Cyber Web policies, together with all modifications thereto, constitute the complete and exclusive agreement between You and Cyber Web concerning Your use of Cyber Web’s Software and Services, and supersede and govern all prior proposals, agreements, or other communications. By using Cyber Web’s Software or Services, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which Cyber Web may establish from time to time, and any agreements that Cyber Web is currently bound by or will be bound by in the future. You may view the latest version of this Agreement online at pageBuzz.com.

DURATION OF AGREEMENT – This Agreement shall be made effective on the electronic execution of this Agreement. “Electronic execution” occurs upon You making and Cyber Web’s acceptance of initial payment. This Agreement will remain in effect until the cancellation of Services by either party. Either party may terminate this agreement at any time and for any reason. Customer cancellation is subject to Clause 4 (Canceling Service) of this Agreement. pageBuzz cancellation is subject to Clause 5 (Cancellation of Services by pageBuzz) of this Agreement.
REASONABLE AND UNREASONABLE EXPECTATIONS - Both pageBuzz and You are entitled to reasonable expectations of the other as listed in this Agreement. Such expectations include, but are not limited to:
a.       It is unreasonable for You to expect that pageBuzz will produce website traffic or sales for Your website. pageBuzz provides website hosting only—not marketing or management services.

b.       pageBuzz has no influence over search engines or private companies that contribute to traffic or sales leads and makes no claims about any search engine inclusion or listings that may or may not have an impact on a website's sales or user base.

c.       pageBuzz has no control over outside Internet Service Providers and email carriers and has no ability to influence their mail filters, dropped mail policies or block lists. pageBuzz does not offer POP accounts and only redirects mail to outside providers established by You. No mail is stored or logged on the pagebuzz servers or in any databases. If you are not receiving website mail as a result of the actions of your mail services provider, pageBuzz will attempt to resolve the issue when notified. But ultimately You have the relationship with your provider and may need to work directly with them to resolve your mail delivery issues or choose an alternate mail service.

d.       Hosting a website on pageBuzz in no way implies that Your website will have any level of success. The responsibility for the success of a website falls solely with You—the website owner and manager. pageBuzz has no control over the website content or design or any companies’ business plan or marketing efforts. pageBuzz is a website hosting and software company. As such, pageBuzz has no knowledge of the endless industries in which its customers are involved in and has no knowledge of the best marketing techniques, resources or legal aspects of any particular industry other than its own.

e.      pageBuzz will support You with advisory articles and website management tools to assist You with successful marketing and search engine campaigns. It is the sole responsibility of You to use these tools and resources in a manner that will best serve Your business and Your website. pageBuzz makes no claims about the anticipated success of any business or the ability of You to amass great wealth by operating Your website. You as the website owner and manager have complete control of the success of Your website.
BILLING – pageBuzz’s billing system is automated. pageBuzz does not manually turn off websites or charge credit cards. You can add time to Your website by making a payment. The time left on Your account is shown in the make payment page. If the time runs out, the site will become unavailable.
a.       The System sends an e-mail to the current e-mail address 24 hours before a website expires but not all e-mails get through spam filters and ISP e-mail blockers. Thus, You should keep track of Your website payments. If a payment is not received, the site will become unavailable to visitors and search engines.

b.      You can restore access by making a payment at any time unless the website is removed from the pageBuzz System. If a website is unpaid for 2 consecutive months or 60 days it is scheduled for deletion from the pageBuzz System. Deleted websites are not recoverable. Once a website is deleted, none of the content on that website can be restored by pageBuzz.

c.       Automated Billing - If You are using automated billing, the credit card on file will be automatically charged each 30 days. When Your card is charged or there is a problem with the charge, the System will send you an e-mail. If You do not receive any notices, You should check Your payments page to make sure Your payment is up to date.

d.    pageBuzz does not require any commitment or advance payments. Please only pay for the time You plan on staying on pageBuzz because pageBuzz generally does not offer refunds. Please see Clause 6 for the pageBuzz Refund Policy.
CANCELING SERVICE – You can cancel Your service at any time and for any reason from the website management console. Links to the cancel portion are available in the help section as well as on the main "make payment" page. Fill in the form, verify the password and submit the cancellation. pageBuzz does ask You to tell us why You are canceling to allow pageBuzz to improve its system. If You found a better deal or think pageBuzz sucks, pageBuzz would like to know. pageBuzz is always sad to lose a customer, but understands that business is business.
a. pageBuzz DOES NOT ACCEPT CANCELLATION BY E-MAIL OR PHONE. Cancellations must be made from the management console so the System can record the action. pageBuzz support can walk You though canceling Your account by phone or e-mail but You must be the one to cancel. pageBuzz support will only cancel Your account on Your behalf if there exceptional circumstances. If You believe You have such an exceptional circumstance, You must call pageBuzz support and speak with a support representative. Sending an e-mail or leaving a voicemail message is NOT a valid cancellation and will NOT prevent additional billing or financial liability on Your part

b. If You have canceled and want to return to the System, pageBuzz may be able to reactivate Your website as long as it has not been removed by the System. Removal occurs by automated means. If the website has been deleted by the system, You will need to rebuild your website.
CANCELLATION OF SERVICE BY pageBuzz – pageBuzz may cancel Your hosting account at any time and for any reason. pageBuzz will provide You an e-mail explanation for the reason of the cancellation within forty-eight (48) hours of such cancellation.
REFUND POICY – pageBuzz collects advance payments only if You choose to pay for Services in advance. Thus, You are only paying for the months You choose to stay hosted at pageBuzz.com. Generally, pageBuzz will not issue refunds for partial months or months that You have paid for before canceling.
a.       pageBuzz provides a System that allows You to cancel at any time via Your management console. Your cancellation of Services removes any automated billing and closes Your website immediately. If You have chosen to use the automated billing system, You can find the next billing date in the Secure Management Console. If You plan to cancel, it is Your responsibility to cancel before the next billing occurs.

b.      pageBuzz cannot pro-rate daily usage because it does not fit our business model of hosting usage. pageBuzz maintains that You have used Your full monthly value in the first day of the month. Regardless of the number of days left on Your account, it is presumed that You have received adequate value for Your money.

c.       pageBuzz provides a fully functional demo and gives You ample opportunity to determine if the pageBuzz System is right for You. If You cancel after signing up, You have already consumed considerable System resources and the cost to pageBuzz is greater than the amount paid by You. For that reason, pageBuzz reserves the right to refuse to issue refunds on new signups. The responsibility falls on You, the buyer, to preview the System and make a determination before the purchase.

d.      pageBuzz will evaluate each refund request on a case by case basis. If You wish to receive a refund for time remaining on Your account, You must contact pageBuzz within seven (7) days of canceling Services.
NETWORK UPTIME – pageBuzz makes no claims as to the availability of servers or websites at any time. pageBuzz makes every effort to insure network integrity and provide redundancy to the best of its ability. Networks, however, are made up of complicated servers and switches that have thousands of mechanical devices that can fail.
a.       pageBuzz can only stand on its record: in the first year of operation of pageBuzz.com maintained 100% uptime. In the second year, pageBuzz had 12 hours of down time for maintenance, power disruptions of fiber optic switches providing our primary bandwidth, remote DOS attacks, software errors, and upgrades. That is, 12 hours of 8,760 hours in a year which is still 99.86% uptime.

b.      Since that time pageBuzz has added its own Almost Real Time Backup (“ARTB”) system to attempt to insure high availability and fail over protection for Your website. The pageBuzz ARTB system supercedes almost every other hosting solution available and most likely all hosting solutions that have a comparable price range.

c.       BUT, it is not always possible to maintain a 100% level of reliability—there is always a chance for downtime. Downtime is a fact of life in the hosting industry and one pageBuzz will not hide from You. Operating systems need updates, hardware needs to be replaced and servers need to be rebooted on occasion. As stated in Clause 3, pageBuzz accepts no responsibility for any losses incurred by You due to downtime of network connectivity or any data loss or business loss incurred because of such downtime.

d.       pageBuzz can only give You its word that pageBuzz will make every effort to prevent potential problems and work as quickly as possible to resolve such problems when they occur.
SPAM – Spam is a dreaded four letter word. Don't Do It! pageBuzz has a zero tolerance policy for spam. If You chose to participate in any spam campaign to promote Your website or products, Your hosing account with pageBuzz will be terminated immediately.
a. Any expenses incurred by pageBuzz in responding to spam complaints, restoring network integrity, removal of network IPs from spam lists or other expenses will be billed to You.

b. What constitutes spam will be left to the discretion of pageBuzz. For the purpose of this policy, however, the general definition of spam is the sending of unsolicited e-mails, cross topic posting on message boards, forums, guestbooks or other online posting pages or any automated attempt to advertise a website or product without the consent of the recipients.
WEBSITE CONTENT – It is just common sense that all of Your website content must be legal. Further, it must be legal in The United States of America which is where the content is hosted and not necessarily in Your country.
a.       Additionally, pageBuzz does not allow celebrity fan websites, multilevel marketing schemes, pyramid scams, music or video download websites (except content owned or licensed to the website owner), warez or hacker websites, password sharing websites, hate speech websites or any content that pageBuzz considers to be offensive.

b.      pageBuzz understands that everything is offensive to someone and pageBuzz cannot just ask everyone not to have a website because someone does not agree with its content. pageBuzz understands that religious sites tend to be offensive to other religions, pro choice sites are offensive to pro life advocates and even Brittany Spears and Paris Hilton offend many people. pageBuzz even understands that democrats can be offensive to republicans and visa versa.

c.       pageBuzz supports everyone’s right to free speech and will try to respect everyone’s voice regardless of pageBuzz’s own opinions but pageBuzz must draw the line at some point such as calling for the destruction of another state or any threatening behavior or comments. pageBuzz realizes that not everyone can get along, but pageBuzz can always hope that someday everyone can. If You cannot support pageBuzz’s dream of peaceful coexistence of races, sexual orientations, religions and beliefs, then please do not use the pageBuzz hosting System to voice Your hatred.

d.      pageBuzz prohibits all adult content in the form of photos and video or members content websites. But, pageBuzz does allow adult related products such as lingerie, adult novelties, and videos for purchase provided no video samples are made available for download or display. pageBuzz does allow adult topics and discussions as long as they are not accompanied by extensive and explicit graphic material.

e.       Do Not Steal Other People’s Stuff! That may seem like a foolish statement, but many people just copy and paste content from other websites into their pages and never get permission from the copyright owner. Be aware of Copyright laws. You can learn more about the U.S. Copyright laws by going to http://copyright.gov. If pageBuzz receives a complaint that Your content is stolen, pageBuzz may need to either remove your content and/or shut down your website. In some circumstances, pageBuzz will direct the complainers and their lawyers to contact You directly. Basically, avoid using other peoples stuff. If You want to use their stuff, ask them for permission first.

f.        No Foreign sites unless You contact pageBuzz first and receive permission from pageBuzz.
WEBSITE UPLOADING AND MAINTENANCE – The pageBuzz website builder allows for the upload of particular content in certain areas. pageBuzz does not give You direct FTP access to upload bulk files or programs. No executable files, scripts or installs of any kind are allowed to be uploaded to any websites hosted on the pageBuzz System. Your use of the pageBuzz System is restricted to the programming provided by pageBuzz and any attempt to upload or bypass the pageBuzz protocols in place to maintain that order will result in immediate hosting account termination. As per Clause 3, any damages incurred by pageBuzz as a result of such activity will be the sole responsibility of You.
BANDWIDTH USAGE – pageBuzz offers a semi-unlimited bandwidth plan. It is semi-unlimited because servers do have finite limits. pageBuzz does not charge extra for additional bandwidth used by You as long as such excessive usage does not occur on a consistent basis.
a.       Excessive bandwidth usage is defined as an amount costing more than pageBuzz charges You for hosting.

b.      The pageBuzz System is designed for small businesses and pageBuzz offers a great price based on estimated usage. pageBuzz offers a high bandwidth ceiling at no additional cost. This allows You to promote Your website and have success for one time events and holidays without incurring extra costs.

c.       pageBuzz knows that most websites will not use consistently high levels of bandwidth and pageBuzz averages the overall usage over thousands of websites. This means that pageBuzz will not charge anyone for extra bandwidth usage. For the average website, minor spikes even with one million visitors in a single day will be considered normal and no fees will be charged.

d.      BUT, pageBuzz could never offer websites for a few dollars a month if those websites use hundreds or thousands of dollars a month in bandwidth. If Your website is active and requires high bandwidth usage, pageBuzz will ask You to upgrade to a dedicated server with metered bandwidth or move Your website to an alternate host who can provide Your business the bandwidth it needs. Websites that receive tens of thousands of visitors daily will probably need to be moved.
SYSTEM RESOURCES – To maintain pageBuzz’s low one rate policy pageBuzz must prevent system abuse and over use. Of course pageBuzz cannot provide unlimited resources for ten dollars ($10) a month. pageBuzz asks You to be mindful that every page access costs pageBuzz money despite the monthly cost to You. Many users will cost pageBuzz more than they have paid for, but averaged over all users pageBuzz can afford to provide these services. Averaging keeps the pricing low and even and allows fluctuations in Your system resource usage without forcing pageBuzz to charge You extra spikes in Your usage.
a. To protect resources, pageBuzz prohibits any activity which unnecessarily stresses access or consumes system resources or bandwidth via automated programming or outside bot access.
1. Examples of such applications include automated system or website monitoring. There is no reason to monitor uptime using an outside system because pageBuzz does this for You and pageBuzz is happy to share that data with You upon request. When a server is offline pageBuzz responds as quickly as possible. Outside website monitoring may be unreliable since it is more common for route access to be blocked or slow from the access point through thousands of miles of fiber-optic and copper lines than for the actual servers to be offline. If Your website is being monitored every minute—that is 60 server responses per hour 24 hours a day—and with thousands of websites doing this, then pageBuzz will have millions of page accesses a day that cannot be used to deliver real pages to actual visitors. The effect of such usage is the same as a denial of service attack where hundreds of servers are accessing the network at the same time consuming resources normally used to deliver pages and preventing the normal operation of the websites.
2. Other examples of system resource abuse include fake traffic generators designed to increase Alexa rankings or other search engine page rankings using automated website accessing methods.
b. pageBuzz does allow unlimited search engine crawling without restriction and pageBuzz does not charge extra for bandwidth. But pageBuzz cannot allow overall automated accesses without charging for such resource usage. If You feel You need outside monitoring then please use a web hosting provider that charges based on metered usage rather than pageBuzz’s one price plan.

c. pageBuzz monitors access to the pageBuzz system regularly. pageBuzz will block servers, systems, websites, or IPs that appears to be automated without notice to You.
VULNERABILITY OR SECURITY TESTING – pageBuzz prohibits accessing of pageBuzz data, systems or the network in any attempt to probe, scan or test the vulnerability of the pageBuzz System or network. Any attempt to breach security, even if for testing or verification of System integrity and availability, will be considered viewed as hacking. pageBuzz reserves the right to pursue all avenues of damages and criminal penalties available under state and federal laws.
PASSWORD SECURITY – You are expected to maintain the highest level of password security. If a website is being used for illegal activity by an outside party through Your login access, that access will be disabled and You will be at fault and subject to liability under this Agreement. pageBuzz gives You access to its network resources and expects You to make all reasonable measures to prevent anyone from abusing those resources using Your account access. Such reasonable measures include but are not limited to having strong passwords, not using the same username and password combination as on other networks, safe guarding passwords, not having the information easily accessible by hackers using trojan viruses, email viruses or invasive malware, spyware, badware or direct console access.
PRIVACY AND PERSONAL INFORMATION – pageBuzz does not share any personal information with any outside companies. pageBuzz will make every effort not to use bulk e-mail to market products or services to You but may occasionally send an e-mail about added services, updates or maintenance schedules. pageBuzz will not sell or share Your information with anyone. pageBuzz asks that You keep Your contact information current in Your management console solely so pageBuzz can contact You in the case of emergency or website problems. If pageBuzz receives a subpoena or some other legal request for Your information, however, pageBuzz must comply.
DISPUTES – Both pageBuzz and You agree that each party shall endeavor to resolve any dispute or claim arising in relation to this Agreement by means of good faith negotiations between the two parties.
a. Mediation – If the dispute is not resolved within fourteen (14) days from the commencement of such negotiations, then the parties shall endeavor to resolve the dispute through independent mediation conducted by a retired judge or other mediator mutually agreeable to each party but if they cannot agree within ten (10) days, then by a retired judge or other mediator who is a member of Judicial Arbitration & Mediation Services, Inc. (''JAMS''). The fees and expenses of the mediator and the mediation organization shall be borne equally by each party.

b. If the parties fail to resolve all matters in the dispute within 30 days of the first mediation session, then either party may seek such legal remedies as may be appropriate.
LEGAL VENUE – All disputes arising from this Agreement shall be mediated or litigated in Duval County in the city of Jacksonville, Florida. The Cyber Web, Inc is a Florida corporation with its base operations in Jacksonville, Floridaand this agreement is subject to the state and local laws of Jacksonville, Florida and not Your location.
SEVERABILITY – In the event that any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this agreement, but this agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein, unless the deletion of such provision or provisions would result in such a material change so as to cause completion of the transactions contemplated herein to be unreasonable.
DAMAGES – Neither pageBuzz nor You will be liable for damages due to loss of future business or fees after the termination of this Agreement and/or cancellation of Services.
a.       Limitation of Liability – pageBuzz shall not be responsible for any damages, including incidental and consequential damages, which may arise from the website servers going off-line or being unavailable for any reason whatsoever. Further, pageBuzz shall not be responsible for any damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from the pageBuzz System. While pageBuzz backups its servers on a regular basis, it is not always possible to restore data. All websites run on RAID (redundant arrays of independant drives) and have the highest level of protection pageBuzz can provide, but computers are unpredictable and may fail ant any time for any reason.

b.      Limitation of User Liability – You are expected to respect and protect pageBuzz resources provided for Your use. No resources will be used in any illegal activity or malicious actions toward other users, websites, and/or the pageBuzz System. You are financially responsible if Your hosting account is used in any attempt to hack resources, circumvent programming or security protocols, overload or damage hardware or software, participate in any activity that would inhibit or restrict any other website on the pageBuzz network or any other network or any activity that results in monetary damages to pageBuzz and or its clients.

c.       Force Majeure – Neither party shall be liable for damages or have the right to terminate this Agreement for any delay or default in performing Services hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions, wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.

d.      If damages do result to the pageBuzz system, pageBuzz will seek any and all means to recover such losses as well as pursue any criminal actions.
DOMAIN MANAGEMENT– Domains that are managed by pageBuzz for You, also referred to as "registrant" will be considered the property of pageBuzz and licensed to You for purposes including the whois registry information and public access to ownership data to provide privacy and security to you.
a. Domain Renewals– pageBuzz will renew domains based on the following criteria.
1. If able to contact the registrant, the registrant will decide the billing method, renewal period and conditions of the renewal.
2. If unable to contact registrant and the website hosting is active and paid, the domain will be renewed and the most current credit card on file will be charged.
3. If unable to contact registrant and the website hosting is inactive, unpaid or canceled the domain will be allowed to expire or be renewed by pageBuzz at its discretion.
4. If able to contact the registrant but the registrant is unable to provide payment within 7 days of the domain expiration date, the domain will be allowed to expire or be renewed by pageBuzz at its discretion.
b. Domain Transfers– pageBuzz will transfer domains to the registrant at no charge at any time, provided the domains remain on the same registrar and no fees are charged by said registrar. pageBuzz will assist in transfers to outside registrars at the registrants expense.
1. Domain transfers will only occur if all fees are current and any transfer fees are paid in advance.
2. The registrant has the domain rights as long as the domain is renewed and all fees are paid. If the registrant chooses to expire or not renew a domain or the domain defaults to pageBuzz based on the terms outlined herein, use, renewal and the ownership of the domain is left to the discretion of pageBuzz.
3. Registration of a domain does not grant the registrant the right to use a domain. Domains that incorporate trademarks or other registered brands are subject to the "Uniform Domain-Name Dispute-Resolution Policy". pageBuzz is required to adhere to ICANN decisions in all domain disputes and shares no liability with the registrant for damages resulting from use of unauthorized trademarks or brands by the registrant.
b. Domain Registrar Choice– pageBuzz does not require that any domain hosted be managed by pageBuzz. The domain policies only apply to domains that are specifically managed by pageBuzz and not by the registrant directly. Domain management services are offered to simplify the ownership of domains but are never required as a prerequisite to website hosting or other services.