Buffalo Web Services, LLC: Web Hosting, Website Design and Development, Domain Name Registrations in Buffalo, NY

Terms of Service



Acceptance:
Provision of any services to you from BuffaloWeb Services, LLC constitutes your agreement to be bound by all terms and conditions contained herein.


Billing:
All services provided by BuffaloWeb Services, LLC will be automatically renewed on the due date for that service (30 days in advance for domain registration renewals), as dictated by your chosen billing cycle and by the date of your original invoice, unless written notice of your intention to cancel services is given to us no less than thirty (30) days prior to the next billing cycle date. Should your account go past due, we reserve the right to decrease the billing frequency for your account without notification (eg, from monthly billing to annual billing). It is your responsibility to maintain current billing information in our system. Failure to maintain current billing information in our system by you (eg, contact information, billing address, credit card number, credit card expiration date, etc.), or having invoices which remain unpaid past the due date will result in the automatic suspension of services. Services which remain unpaid for ten (10) days will be automatically terminated, and any files, web pages, email accounts, etc. will be automatically deleted from our servers. If the service in question is a domain name, ownership of said domain name will be terminated and the domain name will go back into the pool of publicly available domain names, per ICANN regulations, at the end of their current renewal period. BuffaloWeb Services, LLC also reserves the right to sell these domain names at public auction. Refunds for unused services are given at the sole discretion of BuffaloWeb Services, LLC. All written correspondence with BuffaloWeb Services, LLC must be sent via email to the address listed at the bottom of our home page.


Cancellation:
Should you request cancellation of your hosting account and/or domain names, BuffaloWeb Services, LLC reserves the right to immediately terminate your access to associated account information and/or data, regardless of your billing cycle, in order to prevent unauthorized access to our servers by any third party. Should you require access through the end of a pre-paid billing cycle, you must specifically request it, and we may provide such access at our discretion.


Content:
Hosting services provided by BuffaloWeb Services, LLC may be used for lawful purposes only. The use of our services to transmit or store any material that is in violation of United States law is strictly forbidden. Material that is not allowed on our servers includes, but is not limited to:

· Any third-party software/scripts/products installed on our servers by you without our express written consent.
· Bulk e-mail related software/products/information.
· Any material which you do not own or have permission from the copyright owner to use.
· Pornographic or any other adult content.
· Any material related to hacking.

BuffaloWeb Services, LLC reserves the right to deactivate and remove any advertising or web site from its servers which contains material that, at BuffaloWeb Services, LLC's sole discretion is deemed to be unacceptable, undesirable, or which may damage the reputation of BuffaloWeb Services, LLC.


Control:
Hosting customers may not resell or give away control of any part of their BuffaloWeb Services, LLC account, including but not limited to, web space, system resources, e-mail, and ftp accounts unless they have written permission from BuffaloWeb Services, LLC to do so.


E-mail:
Spamming (the practice of sending unsolicited e-mail) and mass-mailing from BuffaloWeb Services, LLC's servers is strictly forbidden. Any practice which causes any BuffaloWeb Services, LLC IP number or server to be listed on any "spam blacklist" will result in immediate suspension/termination without notice. BuffaloWeb Services, LLC will decide on a case by case basis what it constitutes to be harmful to the smooth operation of our servers. The use of our servers to provide a free e-mail service is also strictly forbidden.


Non-Profit Use:
Services advertised as being for Non-Profit use cannot be used for any business/small business/hobby business or other revenue-generating website under any circumstance. Should a website be found to be in violation of this policy, it will be immediately switched to the next higher available service at that time, and will be done so without notification.

For the sake of this agreement, personal/non-profit use is defined solely as use by a legally registered 501(c) non-profit organization, or use by an individual ONLY where there is no advertisement of services for sale or hire - be they freelance, distributorships, affiliates, or otherwise - anywhere on the site.


Privacy:
BuffaloWeb Services, LLC will not under any circumstances divulge your contact information, billing/payment details or history, or the details of domain names and websites you own, or the details of any other service you may have with us to any third party without your express written consent or court order.

Should you request us to do so, we will pass pertinent access information for your account to a third party web developer/designer that you have contracted on your own in order to facilitate their design, upload, or maintenance of your site on your behalf.

BuffaloWeb Services, LLC reserves the right to use any of your communications with us as "testimonials" of our service to you, your customer satisfaction, etc. Such testimonials would never use your full last name without your prior approval.


Server Abuse:
Attempting to cause harm to a BuffaloWeb Services, LLC server, or any other server on the internet using an account on BuffaloWeb Services, LLC, or participation in any illegal activity using an account on BuffaloWeb Services, LLC, will result in immediate removal of that account, and forwarding of any pertinent information to the Federal Bureau of Investigation.


System Resource Usage:
If BuffaloWeb Services, LLC discovers that a customer's web site or scripts are using an unacceptable amount of server resources including but not limited to CPU and memory usage we may suspend or terminate the customers account.

Our normal practice is to suspend/terminate accounts without notice ONLY if the web site in question is likely to jeopardize the smooth operation of BuffaloWeb Services, LLC's servers. Normally, BuffaloWeb Services, LLC will email or phone the customer asking them to reduce the resources they are using.

Chat rooms and "top site" scripts are likely to use an unacceptable amount of resources and are therefore not allowed on BuffaloWeb Services, LLC servers.

Message boards are allowed on BuffaloWeb Services, LLC servers, but customers should be aware that if they become extremely popular they are likely to use an unacceptable amount of system resources and should be switched to a dedicated server for better performance.


Warranty/Limitation of Liability:
Customer hereby agrees that BuffaloWeb Services, LLC makes no warranties, express or implied and Customer hereby waives any claim based upon any breach thereof. Customer further agrees that BuffaloWeb Services, LLC shall not be liable for any consequential, indirect or punitive damages arising out of any breach, delay or default in performance of this Agreement, and in any event, the amount of damages due from BuffaloWeb Services, LLC to Customer shall never exceed, and shall be limited to, a credit allowance of all payments made to date of claim, but not to exceed one (1) months' service fee at current rates. BuffaloWeb Services, LLC's liability arising out of mistakes, accidents, omissions, interruptions, delays, or defect in transmission, including those which may be caused by regulatory or judicial authorities, shall in no event exceed the amount of the credit allowance, if any, available under this Section. Without limiting the foregoing, BuffaloWeb Services, LLC shall have no obligation to provide alternative routing with respect to any Service provided pursuant to this Agreement. IN NO EVENT SHALL BuffaloWeb Services, LLC BE LIABLE TO CUSTOMER OR ANY OTHER PERSON, FIRM OR ENTITY IN ANY RESPECT, INCLUDING, WITHOUT LIMITATION, FOR ANY DAMAGES, EITHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, ACTUAL, PUNITIVE, OR FOR ANY OTHER DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF MISTAKES, NEGLIGENCE, ACCIDENTS, ERRORS, OMISSIONS, INTERRUPTIONS OR DEFECT IN TRANSMISSION, OR DELAYS, INCLUDING, BUT NOT LIMITED TO, THOSE WHICH MAY BE CAUSED BY REGULATORY OR JUDICIAL AUTHORITIES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE OBLIGATIONS OF BuffaloWeb Services, LLC PURSUANT TO THIS AGREEMENT. BuffaloWeb Services, LLC MAKES NO WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE FOR THE SERVICE OR LOCAL ACCESS, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY BuffaloWeb Services, LLC ARE HEREBY EXCLUDED AND DISCLAIMED.


INDEMNITY BY CUSTOMER:
CUSTOMER AGREES TO RELEASE, HOLD HARMLESS, DEFEND AND INDEMNFIY BuffaloWeb Services, LLC, ITS SUBSIDIARIES, EMPLOYEES AND AGENTS FROM ANY CLAIMS, DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, OR ANY OTHER LIABILITY ARISING FROM CUSTOMER'S USE OF BuffaloWeb Services, LLC's SERVICES AND FACILITIES PROVIDED TO CUSTOMER UNDER THIS AGREEMENT, EVEN IF BuffaloWeb Services, LLC HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, INCLUDING PAYMENT OF BuffaloWeb Services, LLC's REASONABLE ATTORNEY'S FEES.

BuffaloWeb Services, LLC will decide on a case-by-case basis at our sole discretion if a refund is to be given on violation of these terms and conditions.