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
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:
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
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.
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
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.
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
- 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.
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.
can restore access by making a payment at any time unless the website
has been removed from the pageBuzz System. If a website is unpaid
for 30 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
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
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
- 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
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 voice mail
message is NOT a valid cancellation and will NOT
prevent additional billing or financial liability on Your part
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
- REFUND POLICY – 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.
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.
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.
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
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.
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.
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
supersedes almost every other hosting solution available and most
likely all hosting solutions that have a comparable price range.
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.
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.
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.
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, guest books or other online posting pages or any automated
attempt to advertise a website or product without the consent of the
- 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.
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.
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.
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.
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.
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 https://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.
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.
Excessive bandwidth usage is defined as an amount costing
more than pageBuzz charges You for hosting.
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
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.
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 ($20) 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.
To protect resources, pageBuzz prohibits any activity which
unnecessarily stresses access or consumes system resources or bandwidth
via automated programming or outside bot access.
- 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.
- 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
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.
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
- 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
- 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.
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.
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.
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 independent drives) and
have the highest level of protection pageBuzz can provide, but
computers are unpredictable and may fail ant any time for any reason.
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
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.
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
- 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.
Domain Renewals– pageBuzz will renew domains based on
the following criteria.
- If able to contact the registrant, the
registrant will decide the billing method, renewal period and
conditions of the renewal.
- 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.
- 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.
- 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.
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.
- Domain transfers will only occur if all
fees are current and any transfer fees are paid in advance.
- 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.
- 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
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.