Terms of Service
BushIT provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of BushIT are subject to the following terms of service:
You agree to use all BushIT services and facilities at your own risk. BushIT specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall BushIT be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages.
Customer agrees that it shall defend, indemnify, save and hold BushIT harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against BushIT, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless BushIT against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with BushIT's server.
BushIT reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from BushIT's server. BushIT shall be the sole judge of what violates this Policy.
BushIT agrees to provide the services stated for the price agreed at any given time. We do not mislead customers with hidden costs. BushIT reserves the right to add, amend or terminate products and services if it is in the best interest of the company.
BushIT also offer Web Design Services, many specials are also offered during the year. It is important to note: When choosing any of the web design services, including any specials, CONTENT IS TO BE PROVIDED WITHIN 3 MONTHS OF PAYMENT DATE. By not adhering to these terms, it will result in the client be re-charged.
All customers are responsible for monitoring their storage space and bandwidth transfer each month. Customers who go over the limit of their account will be notified by email with the option to either upgrade their account or reduce store and or storage. Should the customer continue to go over we have the right to ban accounts for continuous problems. If customers sign up for an account and cancel it within the first month they will still be charged for the full first month.
At this time we bill monthly or Annually only, depending upon the plan. Should you order a Website Package under Web-Design (not e-Commerce) then this is billed as a once off design Fee.
Customers have the options to pay either by EFT or by Card.
Invoices are to be paid by the due date in order to avoid service suspension. Should your account be suspended due to late payments, there will be additional late payment fees charged to reconnect your services. All accounts are set up on a pre-pay basis. If payment is not received within 7 days from date of invoice, the customer risks suspension to their services.
Customers are billed in advance for the month ahead. YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notify BushIT to request for termination of services.
We are based in Johannesburg, South Africa and our primary website currency is ZAR. Annual payments and credits are non-refundable.
The only time your annual plan will end is if your account does not comply with our terms of service/acceptable usage policy. Both monthly and annual payments are non-refundable if your account does not follow our terms of service/acceptable usage policy. Positive credit balances can only be applied towards outstanding service orders generated on our system.
Acceptable Use Policy
All services provided by BushIT may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any South African law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless BushIT and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all BushIT servers. This includes sites that include sexually explicit or hardcore images and/or advertising.
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.
Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.
Disk Space Abuse
BushIT will be the sole arbiter as to what constitutes a violation of this provision. You are responsible for monitoring your disk space usage. If you need extra disk space contact one of our staff and they will be happy to help out. You can also upgrade your hosting plan from your client account.
Links to Third Party Websites
We have included links on this site for your use and reference. We are not responsible for the privacy policies on these websites. You should be aware that the privacy policies of these sites may differ from our own.
Customers may not use the BushIT network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy.
YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network.
BushIT will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
Back Up Copy
Customer agrees to maintain a current copy of all content hosted by BushIT not withstanding any agreement by BushIT to provide backup services.
Should the user require us to do a backup, it is required that you submit your request in writting to firstname.lastname@example.org. Additional fees may apply.
Request for Restore of Hosting
During any service term, customer may request up to one free restore for any reason of choice. If a customer should need to request a restore after this, a one-time fee will be charged.
BushIT reserves the right to terminate inactive stores without notice. For the purposes of this operation, inactive means that we receive complaints about undelivered purchases.
BushIT is only responsible for the design, development and maintenance of your website / online store, we are not responsible in any way for any dealings with your clients and cannot be held liable or responsible for any issues that may occur between you and your clients.
BushIT agrees to provide reasonable technical support by email to Customers during normal technical support hours. BushIT 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.
BushIT can also provide other IT related support at an additional fee, which will be agreed upon by written email. All support related queries can be email to email@example.com OR simply login to your account and create a ticket and one of our support staff will assist you.
Cancellation and Termination Terms
Customers are required to give 1 (one) calendars month notice to cancel or terminate your account. Customers must acknowledge that the amount of the services bought is based on customers' agreement to pay the fee for the initial term or renewal term
REGISTRANT EDUCATION AND DOMAIN NAME REGISTRANTS RIGHTS
For more information about Registrant Education, please click here: http://www.icann.org/en/resources/registrars/registrant-rights/educational
For more information about Domain Name Registrant Rights, please click here: http://www.icann.org/en/resources/registrars/registrant-rights/benefits
ABUSE EMAIL ADDRESS / CONTACT - firstname.lastname@example.org
Limitation of Liability
BushIT shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from BushIT servers going off-line or being unavailable for any reason whatsoever. Furthermore, BushIT shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of BushIT servers. All damages shall be limited to the immediate termination of service.
BushIT cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by BushIT are resold. Thus, certain equipment, routing, software, and programming used by BushIT are not directly owned or written by BushIT. Moreover, BushIT holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as BushIT sees fit. FURTHERMORE, BushIT retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.