SLA: service level agreements

Buffalo Hosting Enterprises Liaison Partnership ("www.BuffaloHELP.com") is the leading comprehensive hosting solutions with Computing Host servers. Therefore, our Service Level Agreements are congruent with Computing Host terms and conditions. This Services Agreement ("Agreement") governs your purchase and use, in any manner, of all services provided by BuffaloHELP and any of its affiliates (the "Services").

You must accept the terms of this Agreement in order to use the Services.

NOTWITHSTANDING, BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HERE AS WELL AS ALL ACCEPTABLE USE POLICIES INCORPORATED BY REFERENCE.

BuffaloHELP reserves the right to change or modify any of the terms and conditions contained in this Agreement, any Addendums and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any changes or modification will be effective upon posting of the revisions on the BuffaloHELP Web site (the "Site"). Your continued use of Services following BuffaloHELP's posting of any changes or modifications will constitute your acceptance of such changes or modifications.

1. Term and Payment for Services

1.1. Term This Agreement shall be for an "Initial Term" as chosen by you in the Order Form located on this Site at the time you register for the Services. "Initial" is defined when the user use the service and when the user has pay its fee. This Agreement will be automatically renewed (the "Renewal Term") at the end of the Initial Term for the same period as the Initial Term unless you provide BuffaloHELP with notice of termination thirty (30) days prior to the end of the Initial Term or the Renewal Term. You must provide BuffaloHELP with your notice of termination by clicking on the "Cancel Service" button located on the Site or as otherwise provided by this Agreement. Upon clicking on the "Cancel Service" button, you will be asked to provide BuffaloHELP with sufficient customer identification information so that BuffaloHELP may properly identify you and your account. Any notice of termination will be effective following thirty (30) days after BuffaloHELP's receipt thereof. Once customer makes purchase they are entitled to the service. BuffaloHELP will deliver its services at the fullest extent

1.2. Termination Policy If you terminate your receipt of the Services prior to the end of the Initial Term or the Renewal Term, whichever is then applicable, (a) BuffaloHELP will refund to you any fees paid in advance of such termination. BuffaloHELP reserves the right to cancel a customers service at any time. If cancellation is caused by customers violation of these policies, then refund will be pro rated for the unused days in a given month. Your termination request or notice must be submitted to BuffaloHELP in the manner described in Section 1.1. BuffaloHELP may terminate this Agreement at any time and for any reason by providing to you written notice thirty (30) days prior to the date of termination.

1.3 Default and Cure In the event that either party hereto defaults in the performance of any of its material duties or obligations under this Agreement, including failure to make any payments due under this Agreement, and such default is not cured within five (5) days after written notice is given to the defaulting party specifying the default, then the party not in default, after given written notice thereof to the defaulting party, may terminate this Agreement.

1.4. Charges You agree to pay for all charges attributable to your use of the Services at the then current BuffaloHELP prices, which shall be exclusive of any applicable taxes. You are responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services, other than taxes based on BuffaloHELP's net income.

1.5. Payment All accounts are paid first. Once payment is receive account is activated. Each payment is due 30 days from the day paid. Customer will be notified 10 days via email prior to the due date. Failure to payment will cause termination of the account. Reactivation of the account is 5.00 dollars. Money order must arrive on time. No exceptions. All charges for Services must be paid in advance according to the then current prices applicable to the Services. Upon entering this Agreement, you must choose to pay either by direct charge to a credit or debit card, or receive an invoice and submit subsequent payment. If you choose to pay by credit or debit card upon registering for the Services, you thereby authorize BuffaloHELP to charge your credit or debit card to pay for any charges that may apply to your account. You must notify BuffaloHELP of any changes to your card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit BuffaloHELP from charging your account. If you choose to be invoiced upon registration for Services, BuffaloHELP will invoice you for the Services applicable to the period for which you have registered for the Services. You agree to pay to BuffaloHELP the amount indicated in each invoice by the due date reflected on that invoice. If you fail to pay any fees and taxes by the applicable due date for credit card or invoice payments, late charges then the account will be terminated

1.6. Refund Policy Refund Policy Customer has thirty days to do a "trial version" with our package. In these thirty days period the customer has the right to cancel or demand a full refund if they are not satisfy with the service. However, after exceeding this thirty day period the customer will not be entitled to a full refund and they will be billed until a cancellation is incited. However, customers are entitled to a pro rate refund for any unused days in a given month. This refund policy applies to only BuffaloHELP Network Web hosting Services.

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2. Use of Services

2.1. Applicable Use Policy The BuffaloHELP Acceptable Use Policy (the "Usage Policy") govern the general policies and procedures for use of the Services. The Usage Policy is posted on BuffaloHELP's Web site (or such other location as BuffaloHELP may specify) and may be updated from time-to-time. YOU SHOULD CAREFULLY READ THE USAGE POLICY. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE USAGE POLICY AND ANY MODIFICATIONS. BuffaloHELP RESERVES THE RIGHT TO TERMINATE YOUR ACCOUNT FOR ANY VIOLATION OF THE USAGE POLICY OR THIS AGREEMENT.

2.2. Material and Product Requirements Unless we have agreed otherwise in a separate agreement, you must ensure that all material and data placed on BuffaloHELP's equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation by BuffaloHELP. BuffaloHELP will make no effort to validate any of this information for content, correctness or usability. If your material is not "server-ready", BuffaloHELP has the option at any time to reject this material. BuffaloHELP will notify you of its refusal of the material and afford you the opportunity to amend or modify the material to satisfy the needs and/or requirements of BuffaloHELP. Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your Web site. You must have the necessary knowledge to create and maintain a Web site. It is not BuffaloHELP's responsibility to provide this knowledge or customer support outside of the Services agreed to by you and BuffaloHELP.

2.3. Bandwidth and Storage Usage You agree that use of the Services under this Agreement will not exceed the bandwidth and storage usage limits set out. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month, you agree to pay the associated additional charges.

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3. Enforcement

3.1. Investigation of Violations BuffaloHELP may investigate any reported or suspected violation of this Agreement, its policies or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, customers and/or third parties. BuffaloHELP will not access or review the contents of any e-mail or similar stored electronic communications except as required or permitted by applicable law or legal process.

3.2. Actions BuffaloHELP reserves the right and has absolute discretion to restrict or remove from its servers any content that violates this Agreement or related policies or guidelines, or is otherwise objectionable or potentially infringing on any third party's rights or potentially in violation of any laws. If we become aware of any possible violation by you of this Agreement, any related policies or guidelines, third party rights or laws, BuffaloHELP may immediately take corrective action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Service, (c) restricting or prohibiting any and all uses of content hosted on BuffaloHELP's systems, and/or (d) disabling or removing any hypertext links to third party Web sites, any of your content distributed or made available for distribution via the Services, or other content not supplied by BuffaloHELP which, in BuffaloHELP's sole discretion, may violate or infringe any law or third-party rights or which otherwise exposes or potentially exposes BuffaloHELP to civil or criminal liability or public ridicule. It is BuffaloHELP's policy to terminate repeat infringers. BuffaloHELP's right to take corrective action, however, does not obligate us to monitor or exert editorial control over the information made available for distribution via the Services. If BuffaloHELP takes corrective action due to such possible violation, BuffaloHELP shall not be obligated to refund to you any fees paid in advance of such corrective action.

3.3. Disclosure Rights To comply with applicable laws and lawful governmental requests, to protect BuffaloHELP's systems and customers, or to ensure the integrity and operation of BuffaloHELP's business and systems, BuffaloHELP may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and content residing on BuffaloHELP's servers and systems. BuffaloHELP also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties.

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4. Intellectual Property Rights

4.1. Your License Grant to BuffaloHELP You hereby grant to BuffaloHELP a non-exclusive, worldwide, and royalty-free license for the Initial Term and any Renewal Term to use your content as necessary for the purposes of rendering and operating the Services to you under this Agreement. You expressly (a) grant to BuffaloHELP a license to cache materials distributed or made available for distribution via the Services, including content supplied by third parties, and (b) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

4.2. BuffaloHELP Materials and Intellectual Property All materials, including but not limited to any computer software (in object code and source code form), data or information developed or provided by BuffaloHELP or its suppliers or agents pursuant to this Agreement, and any know-how, methodologies, equipment, or processes used by BuffaloHELP to provide the Services to you, including, without limitation, all copyrights, trademarks, patents, trade secrets and other proprietary rights are and will remain the sole and exclusive property of BuffaloHELP or its suppliers, including but not limited to any software programs, inventions, products and/or technology innovations and methodologies utilized, developed, or disclosed by BuffaloHELP during the term of this Agreement. Unauthorized copying, reverse engineering, decompiling, and creating derivative works based on the any such software is expressly forbidden except as permitted in this Agreement. You may be held legally responsible for violation of any patent rights, copyright or trade secret rights that is caused or encouraged by failure to abide by the terms of this Agreement.

4.3. Trademarks You hereby grant to BuffaloHELP a limited right to use your trademarks, if any, for the limited purpose of permitting BuffaloHELP to fulfill its duties under this Agreement. This is not a trademark license and no other rights relating to the trademarks are granted by this Agreement. Specifically, but without limitation, the rights granted by this Agreement do not include the right to sublicense use of your trademarks or to use your trademarks with any other products or services outside the scope of the Services provided under this Agreement. The limited trademark use rights granted under this section terminate upon termination of this Agreement.

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5. Warranty; Warranty Disclaimer

5.1. Customer and/or Third Party Acts BuffaloHELP is not responsible in any manner for any nonconforming Services to the extent caused by you or your customers. In addition, BuffaloHELP is not responsible for loss or corruption of data in transmission, or for failure to send or receive data due to events beyond BuffaloHELP's reasonable control.

5.2. No Express or Implied Warranty ALL SERVICES, SYSTEMS AND PRODUCTS PROVIDED BY BuffaloHELP UNDER THIS AGREEMENT ARE PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTY FACT OR LAW, WHATSOEVER. YOU ACKNOWLEDGE AND AGREE THAT BuffaloHELP EXERCISES NO CONTROL OVER, AND ACCEPTS NO RESPONSIBILITY FOR, THE CONTENT OF THE INFORMATION PASSING THROUGH BuffaloHELP'S COMPUTERS, NETWORK HUBS AND POINTS OF PRESENCE, OR THE INTERNET. BuffaloHELP DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR COMPLETELY SECURE, AND DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADE SECRET OR TRADEMARK INFRINGEMENT. ALL SERVICES PERFORMED UNDER THIS AGREEMENT ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE DUE TO COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. EXCEPT AS EXPRESSLY PROVIDED THIS AGREEMENT, BuffaloHELP DOES NOT MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR CONDITIONS OF QUALITY, AND ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADE SECRET OR TRADEMARK INFRINGEMENT.

5.3 Your Warranties and Representations to BuffaloHELP You warrant, represent, and covenant to BuffaloHELP that (a) you are at least eighteen (18) years of age or are a duly organized and validly existing entity; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; (d) you will be financially responsible for the use of your account; (e) you have acquired or will acquire all authorization(s) necessary for hypertext links to third-party Web sites or other content; (f) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, your content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (g) your content and/or any software that you install or provide does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.

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6. Limitation and Exclusion of Liability

6.1. Limitations ON EVENT SHALL BuffaloHELP HAVE ANY LIABILITY WHATSOEVER FOR DAMAGE, UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF INFORMATION PROVIDED TO BuffaloHELP, DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES. BuffaloHELP SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF BuffaloHELP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY EVENT, THE LIABILITY OF BuffaloHELP TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO BuffaloHELP BY YOU UNDER THIS AGREEMENT DURING THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY BuffaloHELP UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE BuffaloHELP FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM EXCESS OF THE LIMITATION STATED IN THIS SECTIO6.1. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

6.2. Interruption of Service You hereby acknowledge and agree that BuffaloHELP will not be liable for any temporary delay, outages or interruptions of the Services. Further, BuffaloHELP shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, packet loss, server crashes, communications or third-party supplier failure).

6.3. Maintenance You hereby acknowledge and agree that BuffaloHELP reserves the right to temporarily suspend services for the purposes of maintaining, repairing, or upgrading its systems and network. BuffaloHELP will use best efforts to notify you of pending maintenance however at no time is under any obligation to inform you of such maintenance.

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7. Indemnification

You will defend, indemnify and hold harmless BuffaloHELP and its officers, directors, shareholders, employees, consultants, agents, affiliates and suppliers (an "Indemnities") from any and all threatened or actual claims, demands, causes of action, suits, proceedings (formal or informal), losses, damages, fines, penalties, liabilities, costs and expenses of any nature, including attorneys' fees and court costs, sustained or incurred by or asserted against any Indemnities by any person, firm, corporation, governmental authority, partnership or other entity by reason of or arising out of or relating to: (i) your violation or breach of any term, condition, representation or warranty of this Agreement or any applicable policy or guideline; (ii) your conduct, including but not limited to your negligence, gross negligence, or willful misconduct; (iii) your use of the Services, including any improper or illegal uses; (iv) any claim by a former employee of yours whose employment has been or may be terminated in connection with or as a result of the execution of this Agreement and performance of the Services by BuffaloHELP; or (v) any claim relating to your services or products, or your installation and/or use of any third-party software, including but not limited to advertising, product liability claims or infringement of any trademark, copyright, patent, trade secrets or non-proprietary right of a third party (including, without limitation, defamation, libel, or violation of privacy or publicity).

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8. Miscellaneous

8.1 Confidentiality The parties each agree that all Confidential Information (as defined below) communicated to it by the other is done so in confidence and will be used only for the purposes of this Agreement and will not be used to compete with the other party or disclosed to any third party without the prior written consent of the other party except as permitted under this Agreement. "Confidential Information" means all information in any form, including, without limitation, printed or verbal communications and information stored in printed, optical or electromagnetic format, which relates to the Services; or computer, data processing or electronic commerce programs and software; electronic data processing applications, routines, subroutines, techniques or systems; information which incorporates or is based upon proprietary information of either party; or information concerning business or financial affairs, product pricing, financial conditions or strategies, marketing, technical systems of either party; or any information concerning customers or vendors of either party; or any data exchange between a party and any customers or vendors. Exceptions to Confidential Information include (1) information in the public domain; (2) information developed independently by a party without reference to information disclosed under this Agreement; or (3) information received from a third party without restriction and/or breach of this or a similar Agreement. It is not a violation of this provision to disclose Confidential Information in compliance with any legal, accounting or regulatory requirement beyond the control of either Party or, but in such case, prior to disclosure, the disclosing Party shall give written notice to the other Party to permit that Party an opportunity to challenge such disclosure. If either Party is subpoenaed, such Party shall give written notice to the other Party to permit that Party an opportunity to challenge the disclosure of Confidential Information. Upon the termination of this Agreement and upon written request of the disclosing Party, each Party shall promptly return all Confidential Information of the other Party. This provision shall survive the termination of this Agreement for two (2) years.

8.2. Notices All notices, reports, requests, or other communications given pursuant to this Agreement shall be made in writing, shall be delivered by hand delivery, overnight courier service, fax, or electronic mail, shall be deemed to have been duly given when delivered.

8.3. Choice of Law and Forum THIS AGREEMENT, WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF TEXAS, WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT THE FEDERAL OR STATE COURTS LOCATED CALIFORNIA, AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION SUCH COURTS.

8.4. Entire Agreement This Agreement and all policies and guidelines incorporated in this Agreement by reference constitutes the entire Agreement of the parties and may not be modified or altered orally but only by an agreement in writing signed by both parties.

8.5. No Fiduciary Relationship; No Third-Party Beneficiaries BuffaloHELP is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of the parties hereto.

8.6. Assignments You may not transfer or assign your rights, duties, or obligations under this Agreement without BuffaloHELP's prior written consent. BuffaloHELP may assign its rights and obligations under this Agreement and may utilize affiliate and/or agents in performing its duties and exercising its rights under this Agreement, without your consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assignees.

8.7. No Waiver BuffaloHELP's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of BuffaloHELP's right to subsequently enforce such provision or any other provisions under this Agreement.

8.8. Severability If any provision of this Agreement is deemed illegal, invalid, void or otherwise unenforceable in whole or in part, that provision shall be severed or shall be enforced only to the extent legally permitted, and the remainder of the provision and the Agreement shall remain in full force and effect. If any provision of this Agreement is deemed to be invalid, void or unenforceable only with respect to a particular application, such term or provision shall remain in full force and effect with respect to all other applications.

8.9. Survival All provisions of this Agreement relating to your warranties, intellectual property rights, limitation and exclusion of liability, your indemnification obligations and payment obligations shall survive the termination or expiration of this Agreement.

8.10. Modification BuffaloHELP reserves the right to add, delete, or modify any provision of its Terms and Condition, Acceptable Usage Policy at any time without notice.

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9. Money Back Guarantee

A full refund will be provided to the client if the client request cancellation in Client center area within a period of 30 days starting from the time of registration. Domain registration is not covered under this policy. Refund will not be provided if the client violates any of the policies covered under Acceptable usage policy. Refunds will be processed within 2 working days.

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AUP: acceptable usage policy

Important Note: This document is updated often. Please make a habit of reviewing it from time to time to stay abreast of acceptable as well as inappropriate uses of your BuffaloHELP Internet Services account. Reports of activity in violation of this policy may be sent via e-mail to abuse@buffalohelp.com

1. Introduction

When you open your BuffaloHELP account, you join two communities. First is the community formed by our network and our customers; the second community is the one made up of all networks and users connected to each other to form the Internet. Becoming a member of these communities gives you certain rights and privileges, but also imposes certain duties and responsibilities. BuffaloHELP has established an Acceptable Use Policy in order to make these duties and responsibilities more clear. This document is intended to provide a general understanding of BuffaloHELP's Acceptable Use Policy. The following factors guide the establishment and enforcement of BuffaloHELP's usage policies:

BuffaloHELP intends to provide its customers access to everything the Internet has to offer. While BuffaloHELP is firmly committed to the principles of free speech, certain activities are damaging to the resources of both BuffaloHELP and the Internet and cannot be permitted under the guise of free speech. The resources of BuffaloHELP and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.

If a BuffaloHELP account is used to violate the Acceptable Use Policy, we reserve the right to terminate your service without notice and you agree to indemnify BuffaloHELP and its affiliates against any claims threatened or brought by third parties as a result of your violation of this Acceptable Use Policy and/or the content of your website. We prefer to advise customers of inappropriate behavior and any necessary corrective action. However, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

If you have any questions regarding this policy, please contact us at abuse@buffalohelp.com

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2. General information

BuffaloHELP customers are prohibited from transmitting on or through any of BuffaloHELP's services, any material that is, in BuffaloHELP's sole discretion, unlawful, obscene, threatening, abusive, defamatory, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law.

In general, you may NOT use your BuffaloHELP account:

BuffaloHELP's services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. BuffaloHELP's reserves the right to remove such illegal material from its servers or to immediately terminate your services.

The customer is responsible for keeping his billing data with BuffaloHELP up-to-date and accurate. Furnishing false data on any contract or application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.

BuffaloHELP reserves sole discretion to determine whether any use of the service is a violation of this policy. Guidelines for using your account follows. This information is only a guideline, and is not intended to be all-inclusive.

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3. Shell account policies

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4. Electronic mail

Certain BuffaloHELP accounts give you the ability to send and receive electronic mail. Misuse of electronic mail may result in termination of service. The following examples are non-exclusive and are provided for your guidance.

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5. Web sites

BuffaloHELP provides storage space and access for web sites through its Web Hosting services. In addition, dedicated accounts may provide for the hosting of web sites. BuffaloHELP will not routinely monitor the contents of your web sites.

You are solely responsible for any information contained on your web site. However, if complaints are received regarding language, content or graphics contained on your web site, BuffaloHELP may, at its sole discretion, remove the web site hosted on BuffaloHELP servers and terminate your Web Hosting service. You agree to promptly reimburse BuffaloHELP for any reasonable expenses it incurs (including attorney's fees) in defending itself form third party claims relating to any of the content (whether created by you, your customers or your users) contained on your website.

You may not use your web site to publish material which BuffaloHELP determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

Unlawful content is that which violates any law, statute, treaty, regulation, or lawful order. This includes, but is not limited to: obscene material; defamatory, fraudulent or deceptive statements; threatening, intimidating or harassing statements, or material which violates the privacy rights or property rights of others (copyrights or trademarks, for example).

Objectionable content is otherwise legal content with which BuffaloHELP concludes, in its sole discretion, it does not want to be associated in order to protect its reputation and brand image, or to protect its employees, shareholders and affiliates.

Examples of prohibited web site content:

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6. Security

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

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7. Network management

You are responsible for ensuring that the services obtained from BuffaloHELP are used in an appropriate manner by your customers and users. Therefore, you must take steps to manage the use of the services obtained from BuffaloHELP in such a way that network abuse is minimized. You must also make information publicly available about how to contact you, and you must respond in a timely manner to complaints concerning misuse of the services obtained from BuffaloHELP. Failure to responsibly manage the use of the services obtained from BuffaloHELP may be cause for termination of services to you.

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8. Network performance

BuffaloHELP accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

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9. Illegal activity

Any activity on our network that is a violation of any state or federal law is a violation of this policy and will result in immediate termination of service. Prohibited activities include, but are not limited to:

BuffaloHELP does not permit any site that contains: (i) images (including on banner ads) of nude models that appear to be under the age of 18 (in BuffaloHELP's sole judgment), (ii) sexually explicit images (including on banner ads) of models that appear to be under the age of 18 (in BuffaloHELP's sole judgment); or (iii) sites containing language promoting child pornography together with any sexually explicit or nude images. As required by federal law in the United States, BuffaloHELP will forward all offenders of this policy to the appropriate federal agency.

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10. Privacy statement

BuffaloHELP has a policy to respect and protect the privacy of its customers and their information that is stored with BuffaloHELP. BuffaloHELP will only access and disclose information as necessary to comply with applicable laws and government requests, to provide the BuffaloHELP Services, to operate or maintain its systems or to protect itself or its customers.

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BuffaloHELP.com reserves the right to add, delete, or modify any provision of its Terms and Condition, Acceptable Usage Policy at any time without notice.

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