IMPORTANT NOTICE: *All Payments To BUYHTTP Internet Services Are Non-Refundable unless otherwise granted in this agreement*

BUYHTTP Internet Services ("The Company" or "BUYHTTP") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of BUYHTTP Service constitutes acceptance and agreement to BUYHTTP's AUP as well as BUYHTTP's TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of BUYHTTP and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the state of New Jersey, county of Hudson applicable to contracts enforceable in that state. Venue will be Hudson County, New Jersey

Note: Pornography and sex-related merchandising are prohibited on any BUYHTTP Internet Services server EXCEPT those on servers that have clearly stated that such content is allowed upon signing up. This includes sites that may infer sexual content, or links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to BUYHTTP Internet Services servers or any other server on the internet. Links to such materials are also prohibited. All IRC or chat related activities are strictly prohibited EXCEPT by explicit permission of BuyHTTP and can be cause for immediate account termination!

  1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber 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 to the Subscriber. In addition BUYHTTP shall have the right to terminate all service set forth in this Agreement.
  2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
  3. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. By entering your credit card information in the BUYHTTP billing system you agree to allow BUYHTTP to capture funds from your card on or after your payment due date. In certain situations we may require written verification of authorization and a copy of the front of your credit card. The above applies to all accounts and services provided by BUYHTTP.
  4. Payments and Fees: Service will be interrupted on accounts that reach 9 days past due. Service interrupted for nonpayment is subject to a $10.00 reconnect charge. Accounts that fail to respond to legal requests within the time line given will be subject to immediate suspension and charged a $175 Administrative Fee. Accounts that are not collectible by BUYHTTP may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $20 nor more than $175. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. Accounts that are compromised are subject to an Administration Fee of $50 per hour of admin time to investigate the issue. Accounts suspended for any reason are subject to a reasonable activation fee to be determined by BUYHTTP, unless otherwise outlined in this agreement. By submitting your credit card information to BuyHTTP you authorize us to process any invoices due on your account.
  5. Refund and disputes: For any shared hosting account (personal hosting, business hosting, and shared cloud hosting) and during the first 3 month of service you may request a refund of the unused portion of your hosting services if you have an annual, biennial, or triennial renewal term and have followed the correct account cancellation procedure as outlined in these terms. Refunds must be specifically requested. Your refund will be calculated as follows: Your amount paid minus the current monthly fee for the plan you are on times the number of months you've used minus the plan setup fee (Even if waived at the time of signup. This fee is waived fully after the first year of your renewal.) minus the remaining months in your renewal times half of the current monthly fee for the plan you are on as an early termination fee. Amount Paid - Setup Fee - (Months Used * Plan Monthly Fee) - (Remaining Months * (Plan Monthly Fee / 2)). All other payments to BUYHTTP are nonrefundable, unless a refund is requested during any applicable money back guarantee periods. This includes the one time setup fee and subsequent charges regardless of usage. Any setup and professional services fees are nonrefundable, even during money back guarantee periods. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer or Paypal that, in BUYHTTP's sole discretion, is a valid charge under the provisions of the TOS and/or AUP, you agree to pay BUYHTTP an "Administrative Fee" of not less than $20 and not more than $175.
  6. Failure to Pay: The Company may deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. It's the subscriber responsibility to keep up to date contact information. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
  7. Account Cancellation: Request for termination of user accounts must be made through the BUYHTTP Customer Support Center. Termination requests received will take effect immediately, that means you're not required to pay for web hosting plan fee for that month, if termination request is received after the fee charged in that month, which is not refundable, that means starting from following month you'll not be charged for web hosting fee. Subscription fees for additional services such as added space and bandwidth transfer will be charged for the entire month regardless of whether the request for their termination is received prior to the effecting of the said services.
  8. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
  9. New Domains: Payment made for domain registration will not be refundable in all cases, including those that involve mistakes committed by any persons, BUYHTTP staff or not, at any stage of the domain registration process. A confirmation e-mail will be sent to registrants within 24 hours of the submission of the domain name purchase order.
  10. Transfer of Domains: New web hosting accounts which involve the transfer of a domain from another provider to BUYHTTP will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take.
  11. Support Boundaries: BUYHTTP provides 24 x 7 technical support to our subscribers. We limit our technical support to our area of expertise. The following is our guidelines when providing support: BUYHTTP provides support related to your services or virtual site physical functioning as well as best-effort support for select software systems. BUYHTTP does not offer tech support for application specific issues such as cgi programming, html or any other such issue. BUYHTTP does not provide technical support for YOUR customers. Unless otherwise stated in the plan description or stipulated in this agreement, BUYHTTP will not modify any files or databases on customer sites. Requests for free software installation must be made within 30 days of order.
  12. Content:All services provided by BuyHTTP may only be used for lawful purposes. The laws of the State of New Jersey and the United States of America apply.

    The customer agrees to indemnify and hold harmless BuyHTTP 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 abuse@buyhttp.com with the information required.

    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:

    Examples of unacceptable material on all Dedicated servers include:

    BuyHTTP services, including all related equipment, networks and network devices are provided only for authorized customer use. BuyHTTP 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 BuyHTTP 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. BuyHTTP 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 48 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.

    Sites hosted on BuyHTTP.com's service(s) are regulated only by U.S. law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. BuyHTTP.com is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a US Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.

    The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like BuyHTTP.com and many of BuyHTTP.com's other webhosting services and brands are republishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, BuyHTTP.com should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under BuyHTTP.com's webhosting service(s).

    If in doubt regarding the acceptability of your site or service, please contact us at abuse@buyhttp.com 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.

  13. SPAM and Unsolicited Commercial Email (UCE): BUYHTTP takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Any email subscriber information must be obtained through a double opt-in methodology. Very simply this means that customers of BUYHTTP may not use or permit others to use our network to transact in UCE. Customers of BUYHTTP may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
    1. Violation of BUYHTTP's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, BUYHTTP will initiate an immediate investigation (within 48 hours of notification). During the investigation, BUYHTTP may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, BUYHTTP may, at its sole discretion, restrict, suspend or terminate customer's account. Further, BUYHTTP reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. BUYHTTP will notify law enforcement officials if the violation is believed to be a criminal offense.
    2. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that BUYHTTP personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
  14. Service Uptime BuyHTTP uses several third-party server monitoring companies to ensure the best uptime tracking results. If you believe we have not met our uptime guarantee please contact us via our Customer Support Center with your evidence of downtime. If we can verify your results we will credit your hosting fees as follows: 500% of the downtime experienced below our uptime guarantee allowance. There will be a maximum credit of 100% of your monthly fee. Service credits must be requested within 14 days of the end of the month you are requesting credit for. Uptime is tracked by calendar month.
    EXCLUSIONS: Scheduled Maintenance - Occasional server or network maintenance will be required. BUYHTTP will do everything possible to minimize and avoid downtime during this maintenance. You will receive prior notification of upcoming maintenance at the email address we have on file. Scheduled maintenance periods are not eligible for uptime credits. Malicious Attacks - If a third party, not associated with BUYHTTP, initiates a "Denial of Service" or other form of disabling attack against our servers or networks, BUYHTTP will do everything in it's power to stop the attack, but cannot guarantee a resolution time.
  15. VPS & Dedicated Servers Dedicated servers must be canceled seven (7) days before your next due date. Cancellations must be received via a Cancellation Request in the BuyHTTP Internet Services Support Center. If an account is 2 days past due we will turn off access to the server. Accounts suspended for non-payment of an invoice may be subject to a $30 reconnect fee. VPS & Servers are not eligible for any money back guarantee.
  16. Price Freeze Guarantee We guarantee that the price you pay for your service today will be the price you pay for as long as you have your package.
  17. Unlimited Hosting We place no strict limits on the amount of bandwidth or storage your account can use. We do have a limit of 50,000 inodes any single account can use. An inode is equal to 1 file or folder. The term unlimited does not apply to other resources such as CPU or RAM utilization.
  18. Communication BUYHTTP and customer both agree that any communication, including but not limited to emails and helpdesk tickets, will not be disclosed to any third parties, except as required by law.

IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their services immediately disabled. The services will not be enabled until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the account to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the account from our network without notice to the customer. Any account guilty of a second violation WILL be immediately and permanently removed from our network without notice.

  1. Network
    1. IP Address Ownership: If BUYHTTP assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to BUYHTTP, and Customer shall have no right to use that Internet Protocol address except as permitted by BUYHTTP in its sole discretion in connection with the Services, during the term of this Agreement. BUYHTTP shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by BUYHTTP, and BUYHTTP reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
    2. IP Address Usage: Any customer caught using an IP address that has not been assigned to them agrees to pay a $25 fee. The domain caught using the offending IP address can be disabled or deleted at the discretion of BUYHTTP.
    3. Bandwidth and disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). BUYHTTP will monitor Customer's bandwidth and BUYHTTP usage. BUYHTTP shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in BUYHTTP's sole and absolute discretion. If BUYHTTP takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, BUYHTTP may, at its sole discretion, collect a deposit, in an amount determined by BUYHTTP, against customer's credit card on file with BUYHTTP.
    4. System and Network Security: Users are prohibited from violating or attempting to violate the security of the BUYHTTP Network. Violations of system or network security may result in civil or criminal liability. BUYHTTP will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
      1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
      2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
      3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
      4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
      5. Taking any action in order to obtain services to which such User is not entitled.
  1. Notification of Violation:
    1. BUYHTTP is under no duty to look at each customer's or user's activities to determine if a violation of the TOS has occurred, nor do we assume any responsibility through our TOS to monitor or police Internet- related activities.
    2. First violation: Any User, which BUYHTTP determines to have violated any element of this Terms of Service, shall receive an email, warning them of the violation. The service may be subject at BUYHTTP's discretion to suspension,  pending a User's agreement in writing to refrain from any further violations, or immediate termination.
    3. Second Violation: Users that BUYHTTP determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
  1. Suspension of Service or Cancellation: BUYHTTP reserves the right to suspend network access to any customer if in the judgment of the BUYHTTP network administrators the customer's account is the source or target of the violation of any of the other terms of the TOS or for any other reason which BUYHTTP chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's account was suspended. The customer will also not be credited for any fees if their account has been terminated.
  2. BUYHTTP reserves the right to amend its policies at any time. All resellers of BUYHTTP must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions.
  3. Indemnification: BUYHTTP wishes to emphasize that in agreeing to the BUYHTTP Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies BUYHTTP for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to BUYHTTP or the bringing of any claim against BUYHTTP by any third-party. This means that if BUYHTTP is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against BUYHTTP, plus all costs and attorney's fees.
  4. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, telephone and fax contacts are used, in that order of preference.
    1. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
    2. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
    3. BUYHTTP takes no responsibility for any material input by others and not posted to the BUYHTTP Network by BUYHTTP. BUYHTTP is not responsible for the content of any other websites linked to the BUYHTTP Network; links are provided as Internet navigation tools only. BUYHTTP disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
    4. BUYHTTP is not responsible for any damages your business may suffer. BUYHTTP does not make implied or written warranties for any of our services. BUYHTTP denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions including equipment failure.
  5. Responsibility for Content: You, as BUYHTTP's customer, are solely responsible for the content stored on and served by your account.