The BuzzCube Group - Web Hosting and Domain Terms and Conditions

1. Interpretation

1.1 Definitions
Unless otherwise stated, the following definitions apply to this document:
- "we," "us" and "our" are references to Richard Soderblom t/a The BuzzCube Group;
- "you," "your" and "client" are references to the person paying for services from The BuzzCube Group having entered into this agreement;
- "services" are web hosting, domain name registration, reseller rights, outsourced support, email and other services or facilities provided by us to you;
- "web server" is the computer equipment operated by us in connection to the services provided;
- "order" means a request made by the client to us for services to be supplied subject to these terms and conditions;
- "charges" are the charges payable by the client for the provision of services. Details of which can be found at http://www.buzzcube.co.za and may from time to time vary.

1.2 Include
The words "include" and "including" are to be construed without limitation.

1.3 Headings
The headings in this document are for convenience only and shall not affect the interpretation of these terms and conditions.

2. Ordering Process

2.1 Order Acceptance
We have not accepted a client application or order until an account is set-up and you receive the final 'New Account Information' email, including all details specific to your account. Until this time, we reserve the right to refuse, cancel or reject any order made by the client. In such cases, a full refund will be made using the same method of payment as was originally used. SA domain name registrations are subject to a contract with Uniform SA, .com, org, .net domains are subject to a contract with enom.

3. Refunds

3.1 Money Back Guarantee
3.1.1 Clients are entitled to a full refund within 14 days of the initial order being placed. This will be issued in the same method as originally used by the client. Cases involving offline methods of payment will be refunded using a personal cheque or other online method.

3.1.2 The 14 day money back guarantee does not apply and will not be issued if more than 10% of allocated data transfer has already been used on the hosting account. This money back guarantee does not apply to setup fees, domain name registrations, ssl certificates, seo reports or if the account has breached these terms and conditions prior to cancellation.

3.2 Account Cancellations
After the 14 day introduction period, no refunds will be issued for account cancellations on a monthly payment schedule. Accounts on a yearly payment schedule are entitled to a pro rated refund taking only full months into account when calculating refund due and using the full monthly price for spent months (without yearly discount). If cancellation of the account is caused by the client breaching these terms and conditions no refund will be issued. No refunds are issued for domain name registrations.

4. Misuse

4.1 Spam / Unsolicited Mass E-mail
Unsolicited commercial advertisements ("SPAM") are not allowed in e-mail, and will likely result in account cancelation. We take a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, we will charge YOU up to ZAR20.00 per unsolicited email message sent and delete YOUR account with any prior notice. The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers - any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing"); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages. NOTE - If YOU use the services of another provider to promote a website hosted by or through us ("spamvertising"), then the provisions of the above policy shall apply as if the SPAM were sent through our servers. See our Email Policy for more details.

4.2 Chat Rooms
Only the chat room scripts provided for the client in their control panel are allowed on our web server. Any other scripts found will be disabled and the account suspended in serious or repeat cases. An exception to this term is provided for scripts, which are FULLY applet based whereby the applet is downloaded and run from the clients system.

4.3 Account Use
All services provided by us may only be used for lawful purposes. The laws of the State of Florida, the State of Texas, the United States of America and the Republic of South Africa apply.

The customer agrees to indemnify and hold harmless The BuzzCube Group from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email This e-mail address is being protected from spambots. You need JavaScript enabled to view it with the information required. A list of required information may be found by emailing This e-mail address is being protected from spambots. You need JavaScript enabled to view it . If the request is of a licensing issue, we may require further documentation.

Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.

Examples of unacceptable material on all Shared and Reseller servers include:

• Topsites
• IRC Scripts/Bots
• Proxy Scripts/Anonymizers
• Pirated Software/Warez
• Image Hosting Scripts (similar to Photobucket or Tinypic)
• AutoSurf/PTC/PTS/PPC sites
• IP Scanners
• Bruteforce Programs/Scripts/Applications
• Mail Bombers/Spam Scripts
• Banner-Ad services (commercial banner ad rotation)
• File Dump/Mirror Scripts (similar to rapidshare)
• Commercial Audio Streaming (more than one or two streams)
• Escrow/Bank Debentures
• High-Yield Interest Programs (HYIP) or Related Sites
• Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
• Sale of any controlled substance without prior proof of appropriate permit(s)
• Prime Banks Programs
• Lottery Sites
• MUDs/RPGs/PBBGs
• Hateful/Racist/Harassment oriented sites
• Hacker focused sites/archives/programs
• Sites promoting illegal activities
• Forums and/or websites that distribute or link to warez/pirated/illegal content
• Bank Debentures/Bank Debenture Trading Programs
• Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
• Mailer Pro

Examples of unacceptable material on all Dedicated servers include:

• IRCD (irc servers)
• IRC Scripts/Bots
• Pirated Software/Warez
• IP Scanners
• Bruteforce Programs/Scripts/Applications
• Mail Bombers/spam Scripts
• Escrow
• High-Yield Interest Programs (HYIP) or Related Sites
• Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
• Sale of any controlled substance without prior proof of appropriate permit(s)
• Prime Banks Programs
• Lottery Sites
• Hateful/Racist/Harassment oriented sites
• Hacker focused sites/archives/programs
• Sites promoting illegal activities
• Forums and/or websites that distribute or link to warez/pirated/illegal content
• Bank Debentures/Bank Debenture Trading Programs
• Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
• Mailer Pro

The BuzzCube Group services, including all related equipment, networks and network devices are provided only for authorized customer use. Our systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of our system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. The BuzzCube Group may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 24 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.

If in doubt regarding the acceptability of your site or service, please contact us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

4.4 Resellers
In the event that a resold account is in breach of our terms and conditions, we reserve the right to suspend this account without informing the reseller. The end user will not be contacted by us and every effort will be made to inform the reseller (our client) of our actions and reasons.

5. Billing

5.1 Payment Schedules
The client agrees to supply appropriate payment for the services received from us in advance of the time period during which such services are provided.

5.2 Invoices
All invoice notifications will be sent via email and a printable version made available in the client control panel. Clients are required to pay their invoice in advance at the beginning of each payment term using an available method of your choice, within 5 working days of the invoice due date.

5.3 Bank Charges
Clients are responsible for the provision of sufficient funds in their account and we will not be held responsible for any charges incurred as a result of overdrawing the bank account or credit card, or as a result of failed transactions. A fee of no less then ZAR100.00 will be charged per chargeback.

5.4 Suspension
We reserve the right to suspend any account after 5 working days have passed without due payment being received. Any added time for payment will be at our sole discretion. Once an account is suspended an additional fee of ZAR50.00 may be payable to reinstate the suspended account

5.5 Currencies
All invoices and payments are processed in ZAR South African Rands (R) and conversions will be made by the credit card company of the client. Prices shown in any other currencies on this web site or other promotional material are to be treated as a guide only and may be inaccurate due to changes in the exchange rates. All clients are advised to check amounts using accurate recent exchange rates before ordering.

6. Backups

6.1 Regularity and Policy
Backups are not made by us. All clients are strongly advised to regularly download their own backups from their control panel, where a zipped archive is provided daily of all account files and databases.

7. Resource Use

7.1 CPU and Memory
All accounts are monitored for their use of server resources. If any account is using a high amount of server resources we will contact the client to discuss the issue with them. In serious cases where an account is using a considerably large amount of system resources (memory, CPU, etc.) the account may be suspended or script disabled without notice to maintain the smooth running of the web server.

7.2 Data Transfer and Web Space Allocations
Clients can request a package upgrade or temporary resource increase. It is the sole responsibility of the client to contact us in advance of requiring extra resources to prevent account suspension. In some cases, accounts are automatically suspended when their resource limits have been reached and manual unsuspension is required by us. Please contact us for costs relating to resource increases and upgrades.

8. Client Responsibility

8.1 Contact Information
The client is responsible for keeping their contact details up to date in their billing control panel. We cannot be held responsible for communication mix-up's as a direct result of the client's failure to update their details.

8.2 Sensitive Data
Clients are responsible for keeping their usernames, passwords and other sensitive data safe. If a breach is suspected, the client is required to request a change of login details by contacting our support staff.

9. Contact Procedure

9.1 Breach of Terms and Conditions
If a breach of these terms and conditions is found we will, at our sole discretion, determine whether it is a serious or minor breach. If a serious breach of these terms and conditions is found we reserve the right to suspend the account(s) of the client in question or disable any part of the account before contacting them. Once an account is suspended an additional fee of ZAR50.00 may be payable to reinstate the suspended account


9.2 Reseller Breach of Terms and Conditions
In the event that a resold account is the subject of the breach we will make every effort to contact the reseller before taking action. In serious cases we may have to suspend or disable part of the account before contacting the reseller. Once an account is suspended an additional fee of ZAR50.00 may be payable to reinstate the suspended account

10. IP ADDRESS OWNERSHIP

We shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by us. We reserve, in our sole discretion, the right to change or remove any and all such IP numbers and addresses.

11. DOMAIN NAME REGISTRATION

YOU agree to pay us prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the The BuzzCube Group price schedule for the initial registration of the domain name and, should YOU choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if YOUR domain name registration is suspended, canceled or transferred prior to the end of YOUR then current registration term. We reserve the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at our sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from us to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by us) in connection with the payments of the registration fee for YOUR domain name registration, YOU agree and acknowledge that the domain name registration shall be transferred to us as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. We will reinstate YOUR domain name registration solely at our discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

Transfer domain registrar to us YOU agree to pay us prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the The BuzzCube Group price schedule for the initial transfer request of the domain name. YOU agree and acknowledge that the domain name transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to:

• No response from the Registered Name Holder or Administrative Contact
• Domain name in Registrar Lock Status
• Domain name registration period time expires or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer we reserve the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at our sole discretion.

Any free domains included in any hosting plan are solely limited to the .co.za domain space and will only be registered if available and not in use. We will reserve all rights to domains offered for free on any hosting plan including, without limitation, the right to make the domain name available for use and/or purchase to other parties.

12. 99.9% UPTIME GUARANTEE

12.1. COVERAGE - This 99.9% uptime guarantee applies to any Customer in good financial standing with us at the time of a service outage.

12.2. SERVICE LEVEL AGREEMENT ("SLA") & SPECIFICATIONS - We endeavor to have the content of YOUR website available for http access by any party in the world 99.9% of the time. Network downtime ("unavailability") is defined as 100% packet loss from us to our backbone providers. Downtime is measured past 10 minutes after notification of network failure via our online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the The BuzzCube Group NOC.

Our administrators will determine the end of the downtime by a traceroute to YOUR machine from outside the our network.

12.3.1. SHARED HOSTING CREDITS - In the event that YOUR website is unavailable for less than 99.9%, We will credit the following month's service fee as follows. YOUR credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month. Monthly Uptime Credit:

• 95% to 99.9% - YOUR account will be credited 10% of your monthly hosting fee
• 90% to 94.9% - YOUR account will be credited 20% of your monthly hosting fee
• 89.9% or below - YOUR account will be credited 50% of your monthly hosting fee

12.3.2. MANAGE DEDICATED SERVERS - For managed dedicated server Customers, if the uptime is between 98.9% and 99.9% for any particular month, credit shall be retroactive and equivalent to the difference between the guaranteed level of availability of the Customer's services during the month and the calculated actual level of availability of the Customer's services, multiplied by the actual charges incurred by YOU for the services during that monthly period. In addition, for managed dedicated servers, YOU may be entitled to additional credits as calculated below measured 24-hours a day in a calendar month, with the maximum credit not to exceeding 25% of the monthly service charge for the affected month. In order for YOU to receive a credit on YOUR account, YOU must request such credit within seven (7) days after YOU experienced the downtime. You must request credit by sending an e-mail message to This e-mail address is being protected from spambots. You need JavaScript enabled to view it This e-mail address is being protected from spambots. You need JavaScript enabled to view it . For security, the body of this message must contain YOUR account number, the dates and times of the unavailability of YOUR website, and such other customer identification requested by us. Credits will usually be applied within sixty (60) days of YOUR credit request. Credit to YOUR account shall be YOUR sole and exclusive remedy in the event of an outage.

12.4. RESTRICTIONS - Credit shall not be provided to YOU in the event that you have any outage resulting from:

• scheduled maintenance as posted from time to time on our support system,
• your behavior or the performance or failure of your equipment, facilities or applications,
• circumstances beyond our reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site,
• YOU breaking any agreement policy in our "Terms & Conditions and AUP" causing a machine to fail as a result.

13. TECHNICAL SUPPORT BOUNDARIES

The BuzzCube Group provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues. However, in under no circumstances are we neither obligated to help YOU in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by YOU previously. We will only provide assistance in making sure any EasyApps applications that are installed through the cPanel control panel interface are installed as directed.

14. Limitation of Liability

14.1 Indemnification
We are not responsible for any claimed damages, which may result from our web servers going offline, or being unavailable for any reason. This includes damages which may result from the corruption or deletion of data. The client agrees to indemnify, defend and hold The BuzzCube Group, its directors and employees harmless from any incidental, indirect, direct, special, exemplary, punitive or consequential damages whatsoever, for loss of business profits, business interruption, loss of business information, or any other monetary loss arising out of the use of or inability to use our services, or the provision of or failure to provide services.

14.2 Violations
14.2.1 We will fully cooperate with investigations of violation of systems or network security at other sites and will cooperate with law enforcement authorities in the investigation of possible criminal violations. Clients who violate these terms and conditions may incur criminal or civil liability.

14.2.2 For clients with multiple accounts and resellers, we reserve the right to suspend all accounts should the main account owner violate these terms and conditions in a manner deemed by us to be extremely serious.

14.2.3 In the event that we are unable to contact a reseller account holder to pursue payment, we reserve the right to contact their clients to inform them of the situation. We also reserve the right to contact a reseller's clients if they are 'abandoned' by the reseller account holder.

14.2.4 We will be the sole arbiters as to what constitutes a violation of these terms and conditions. The failure by a client to meet or follow any of the above terms and conditions is grounds for account suspension or deactivation.

15. LAWFUL PURPOSE

We reserve the right to refuse service to anyone. YOU may only use our servers for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America or in the Republic of South Africa, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: "Pirated Warez", OGG, AVI, MPEG, ISO, "Hacker programs or archives", "Copyrighted Digital Movie Copies (DIVX)" and "Unlicensed MP3". The designation of any materials as such described above is left entirely to the discretion of us.

If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that we may disclose any and all YOUR information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification. Regardless of the place of signing this agreement, YOU agree that for purposes of venue this contract is entered in Johannesburg, South Africa, and any dispute will be litigated or arbitrated in Johannesburg, South Africa. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Johannesburg courts. IN NO EVENT SHALL THE BUZZCUBE GROUP'S MAXIMUM LIABILITY EXCEED TWO THOUSAND FIVE HUNDRED (ZAR2500.00) SOUTH AFRICAN RAND.

16. Amendments

16.1 Modification
The BuzzCube Group reserves the right to change or add to this Email Usage Policy at anytime, for any reason, The BuzzCube Group sees fit. . If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.
The BuzzCube Group
P.O. Box 8272,
Bonaero Park,
1622, South Africa
This e-mail address is being protected from spambots. You need JavaScript enabled to view it

If you have any questions concerning the above stated terms and conditions please contact us before ordering.