Pushbutton Technologies, Inc. Pushbutton Hosting
Terms of Service

These Terms of Service govern the use of Pushbutton Hosting’s web hosting service. Violation of these terms may result in suspension or termination of your service. In the event of a dispute between you and Pushbutton Hosting regarding the interpretation of these terms, Pushbutton Hosting’s interpretation, in its reasonable commercial judgment, shall govern. If you have any questions regarding these terms, contact [email protected].

Pushbutton Hosting and its affiliates provide products and services to clients all around the world. Pushbutton Hosting has the responsibility to protect each client and provide them with the best services available. The following conditions were designed to protect our products and services. If you visit, shop, or use any of our products and services at Pushbutton Hosting, you accept these conditions. Please read them carefully. In addition, when you use any current or future Pushbutton Hosting products and services or visit or purchase from any business affiliated with Pushbutton Hosting, whether or not included in the Pushbutton Hosting Web site, you also will be subject to the guidelines and conditions applicable to such service or business.

Definitions Used in this Document
"Pushbutton Technologies, Inc.", "Pushbutton Hosting", and "We" are defined as the company Pushbutton Technologies, Inc. "The customer", "Pushbutton Hosting's customers," and "You" are defined as patrons of Pushbutton Technologies, Inc. "This site" is defined as any website that is owned, operated or otherwise directly or indirectly maintained by Pushbutton Technologies, Inc. "Service" and "Product" are interchangeable, and defined as any merchandise or commercial offering of Pushbutton Hosting. The term "spam" is used as it is currently defined by the Federal Trade Commission.

Electronic Communications
When you visit Pushbutton Hosting or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Offensive Content
You may not publish or transmit via Pushbutton Hosting’s service any content that Pushbutton Hosting reasonably believes:

• constitutes child pornography;
• constitutes pornography;
• is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
• is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
• is defamatory or violates a person’s privacy;
• creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
• improperly exposes trade secrets or other confidential or proprietary information of another person;
• is intended to assist others in defeating technical copyright protections;
• clearly infringes on another person’s trade or service mark, patent, or other property right;
• promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
• is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Pushbutton Hosting; or
• is otherwise malicious, fraudulent, or may result in retaliation against Pushbutton Hosting by offended viewers.

Content “published or transmitted” via Pushbutton Hosting’s service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by Pushbutton Hosting.

Internet Abuse
You may not engage in illegal, abusive, or irresponsible behavior, including:

• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to Pushbutton Hosting and its customers) without express authorization of the owner of the system or network;
• monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
• Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
• Use of an Internet account or computer without the owner’s authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
• Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
• Any conduct that is likely to result in retaliation against the Pushbutton Hosting’s network.
• Use of Pushbutton Hosting’s network in a way that unreasonably interferes with Pushbutton Hosting’s other customers use of the network

Security
You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.

Unsolicited E-Mail
You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it.

You must comply with the rules of any other network you access or participate in using your Pushbutton Hosting’s services.

Bulk Commercial E-Mail
You must obtain Pushbutton Hosting’s advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to Pushbutton Hosting’s reasonable satisfaction:

• Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
• Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
• You retain evidence of the recipient’s consent in a form that may be promptly produced on request, and you honor recipient’s and Pushbutton Hosting’s requests to produce consent evidence within 72 hours of receipt of the request.
• The body of the e-mail must describe how the e-mail address was obtained, for example, “You opted in to receive this e-mail promotion from our Web site or from one of our partner sites,” and information on how to request evidence of the consent, for example, “If you would like to learn more about how we received your e-mail address please contact us at [email protected].”
• You have procedures in place that allow a recipient to easily revoke their consent – such as a link in the body of the e-mail, or instructions to reply with the word “Remove” in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours;
• You must post an [email protected] e-mail address on the first page of any Web site associated with the e-mail, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
• You must have a Privacy Policy posted for each domain associated with the mailing;
• You have the means to track anonymous complaints;
• You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the “TO” line of the e-mail; and
• You otherwise comply with the CAN SPAM Act and other applicable law.

Pushbutton Hosting may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.

SPAM Complaint Fees
A service fee of $50 per spam complaint will be applied for SPAM complaints that are processed by or sent to Pushbutton Hosting as a result of violations of these Terms of Service.

A service fee of $125/hour will apply for investigation and corrective work performed by Pushbutton Hosting to resolve SPAM violations.

IP Blacklist Fees
If, as a result of a Customer's actions, Pushbutton Hosting’s mail servers or IP address ranges are placed on email black hole lists or other mail filtering software system list, Pushbutton Hosting shall charge Customer $250 upfront and $125 per hour thereafter for any necessary investigation and corrective work.

Reverse DNS / RDNS Requirements
Clients requesting Reverse DNS / PTR on their assigned IP space must adhere to the following policies:

• The domain requested in the PTR must be older than 60 days
• Clients must create and maintain matching FWD "A" records for the requested PTR
• The PTR requested must be a unique, browser loadable website -OR- justification must be provided as to the use of the PTR

Bandwidth Allotment
Pushbutton Hosting offers multiple flexible bandwidth packages on all web hosting and service plans. Hosting and Service Plans with Un-Metered Bandwidth provides you with a network port locked at a specific Un-Metered Bandwidth speed (for example, Un-Metered 10 Mbps means your server has a 10 Mbps port) and you can use that network port during the entire billing period without any bandwidth over-usage fees. Hosting and Service Plans with Total Monthly Bandwidth allotment plans (such as 10 GB per month) allow you to push traffic at very high speeds (Up to 100 Mbit or higher, depending on your server's port speed) over our Premium Network. The bandwidth is calculated 50/50 between inbound and outbound usage. For example, on a 10 GB plan, your hosting plan can transmit up to a total of 5 GB of data per month and receive up to 5 GB of data per month. Usage levels over your included bandwidth are billed monthly at the rate of $20.00 per GB. If you exceed or are about to exceed your monthly allotted bandwidth during any billing cycle, we reserve the right to limit network access, bill for estimated overage, or suspend service until payment for the bandwidth overage is completed.

Excessive Resource Usage Policy
Pushbutton Hosting provides this section to detail additional policies applicable for accounts on any standard web hosting plan (also known as 'Starter', 'Professional', and 'Corporate' plans). Accounts many not use more than 10% of the server's CPU, Disk, Memory or web port connections. Accounts may not run daemons or back ground tasks. Accounts may store at most 1 (one) backup of their account in the server's disk space. Accounts may not use the server disk space for storage of backups, file sharing, file storage, or any type of content that is not accessible on the web site you are hosting. Pushbutton Hosting will make reasonable efforts where possible to contact the account holder to offer a paid upgrade to Virtual or Dedicated Server hosting when an account exceeds the resource usage policy limits. If the resource usage limits are exceeded Pushbutton Hosting may, without prior notice or warning, limit access, suspend or terminate the account at Pushbutton Hosting's sole discretion.

Material Protected by Copyright
You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

• you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
• you are otherwise permitted by established United States copyright law to copy the work in that manner.

Pushbutton Hosting will terminate the service of repeat copyright infringers.

Copyright Infringement Notice (Digital Millennium Copyright Act)
If you believe your copyright is being infringed by a person using the Pushbutton Hosting network, please send your written notice of copyright infringement to:

Pushbutton Technologies, Inc. Legal Department
[email protected]

Your notice must include the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Pushbutton Hosting to locate the material;
• Information reasonably sufficient to permit Pushbutton Hosting to contact you, such as an address, telephone number, and, if available, an e-mail address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law;
• A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Payment and Billing
You agree to pay Pushbutton Hosting for Products and Services without deduction, or delay for any reason. At any time, Pushbutton Hosting may require you to pay a deposit or increase an existing deposit as a condition of providing Services. You authorize Pushbutton Hosting to investigate your credit history at any time and to share credit information about you with credit reporting agencies. Payment of all charges is due within three (3) days after the date of invoice, in U.S. currency. Invoices are issued seven (7) days prior to subscription renewal dates (if you bill on the 15th of the month, an invoice is generated on the 8th of the month and must be paid in full by the 15th of the month). Past due accounts that receive payments will have those payments applied to the oldest past due invoices first. Failure to pay any invoice may place the account into default, and could lead to suspension of all services until the account is paid and current. You will be responsible for reimbursing Pushbutton Hosting for all costs (including reasonable attorney fees) associated with collecting delinquent or dishonored payments. Accounts not paid in full within three (3) days of the invoice due date may be suspended, or terminated and a reconnection late fee of THIRTY FIVE DOLLARS ($35) may be applied for each service in the overdue invoice. Accounts not paid in full within fourteen (14) days of the invoice due date may be terminated and any past due invoices turned over to our collections service with an additional collections fee of SEVENTY NINE DOLLARS ($79) will be applied in addition to any past due balance and/or late fees.

IF YOU DISPUTE CHARGES ON YOUR BILL, YOU MUST NOTIFY Pushbutton Hosting IN WRITING OF THE DISPUTE WITHIN SIXTY DAYS OF THE DATE ON THE AFFECTED BILL, OR ELSE YOU WAIVE THE DISPUTE.

Taxes and Regulatory Surcharges
Rates outlined on attached order forms are exclusive of any applicable taxes. You are responsible for all taxes, gross receipts taxes, fees and surcharges relating to the sale, transfer of ownership, installation, license, use or provision of the Services, except to the extent that you provide Pushbutton Hosting with a valid tax exemption certificate before Pushbutton Hosting provides Services to you. You are responsible for payment of any and all state, federal, or international surcharges.

Your Account
If you use Pushbutton Hosting products and services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use Pushbutton Hosting only with involvement of a parent or guardian. Pushbutton Hosting and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders and or services at its sole discretion.

Cancellation or Non-Renewal
To cancel or elect not to renew any Product or Service the Customer must submit a cancellation request via e-mail to [email protected]. This must submitted at least seven (7) calendar days prior to expiration of the current renewal term. No refunds, partial or otherwise, will be issued for any unused portion of any billing cycle or late cancellations. Clients may request credit to their account for any unused portion that may be applied to additional Pushbutton Hosting products. Cancellations requests MUST be made seven (7) or more days prior to expiration of current billing cycle. Cancellations made within the last seven (7) days of the current billing cycle and marked "Cancel at End of Billing period" will not be terminated until the end of following billing cycle and invoice will be due and processed. Cancellations made within the last seven (7) days of the billing cycle and marked "Immediate Cancel" will be terminated by midnight of the day of the cancellation request and the current invoice will still be due and processed per our Terms of Service.

Interaction with Customer Service
The Pushbutton Hosting customer service team (and employees of its affiliates and data center employees) takes great lengths to provide polite, prompt and excellent customer service at all times. For the safety and protection of our staff and their families we have a zero tolerance policy in regards to abuse of our staff. You may not threaten, abuse, shout at, swear at, insult, or otherwise disrespect our staff during any form of business communication including, but not limited to in person, telephone, live chat, fax, postal mail, Email, forum post, blog post, instant messenger, or ticket response. Violations of this aspect of the Terms of Service is subject to account termination without warning. If such a termination takes place no refund will be given.

Other
You must have valid and current information on file with your domain name registrar for any domain hosted on the Pushbutton Hosting network.

Other Businesses
Parties other than Pushbutton Hosting and its subsidiaries operate stores, provide services, or sell product lines on or through this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Pushbutton Hosting does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties.

Service Abuse
Any attempts to undermine or cause harm to a Pushbutton Hosting service or customer of Pushbutton Hosting is strictly prohibited. Pushbutton Technologies, Inc. will pursue legal action to the fullest extent for any abuse of Pushbutton Hosting or its products or services.

Breach of Terms of Service
If any terms or conditions are failed to be followed, it will result in grounds for service suspension or deactivation. Pushbutton Hosting reserves the right to remove any account or service without prior notice. If Pushbutton Hosting deactivates your service or account(s) for violating policy, you will forfeit your rights to a refund. No refunds for advance payments on deactivated accounts. Serious offenses may cause immediate deactivation WITHOUT WARNING.

Length of Contract
The agreement between You and Pushbutton Hosting will be effective as of the date you sign up for any Pushbutton Hosting Product or Service, and will remain effective until terminated by either party. You agree to any and all changes to the Terms of Service unless you elect to terminate service in writing with Pushbutton Hosting via the primary Pushbutton Hosting website, www.pushbuttonhosting.net.

Termination
Without limiting other remedies, Pushbutton Hosting or its affiliates may limit, suspend, or terminate your use of Pushbutton Hosting Products and Services, prohibit access to Pushbutton Hosting's website, remove hosted content such as emails and website data, and take technical and legal steps to keep you off Pushbutton Hosting's network if we suspect that you are in breach of these Terms of Service, or are past due by more than 3 days on your account balance (subscription payment), causing possible legal liabilities, acting inconsistently with the letter or spirit of our policies, your use of any Product or Service degrades the quality and performance of the Pushbutton Hosting network, or for other similar reasons, with immediate effect and without recourse to the courts. Pushbutton Hosting shall effect such termination by preventing access to your account and to the Pushbutton Hosting network as well as delete any website content, data, or domain names stored on our network. If you provided a valid email address, Pushbutton Hosting may provide notice to you by email, but is not under obligation to notify you.

All provisions which must survive in order to give effect to their meaning shall survive any expiration or termination of the agreement, including without limitation, all of your representations, warranties and indemnification obligations.

You acknowledge and agree that any termination of the Service under any provision of this Agreement may be effected without prior notice, and agree that Pushbutton Hosting may immediately thereafter delete any and all hosted data, backup files, email files, domain names, account settings, network addresses and any other content within your account that is stored on the Pushbutton Hosting network.

Force Majeure
You acknowledge and understand that if the Pushbutton Hosting Service or Products do not function as a result of a force majeure event, Pushbutton Hosting will not be in breach of any of its obligations toward you under these Terms of Service. A force majeure event means any event beyond the control of Pushbutton Hosting. In the event Pushbutton Hosting is affected by a force majeure event, it shall post a notification on the Pushbutton Hosting website or contact you directly concerning the estimated extent and duration of its inability to perform or delay in performing its obligations, on a reasonable efforts basis. Pushbutton Hosting will not accept any liability for the consequences arising out of a force majeure event.

Disclaimer
Pushbutton Hosting is under no duty, and does not by these Terms of Service undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the Pushbutton Hosting network.

Indemnity
You agree to indemnify and keep indemnified Pushbutton Hosting (and its parent, subsidiaries, affiliates, officers and employees) from and against any costs, damages, liabilities and losses (including legal fees) suffered or incurred by Pushbutton Hosting as a result of any claim made by any third party due to or arising out of your use of the Service, your connection to the service or any breach by you of any of your obligations under these Terms and Conditions.

Disclaimer of Warranties and Limitation of Liability
This site, along with its products and services, are provided by Pushbutton Hosting on an "as- is" and "as-available" basis. You expressly agree that your use of this site, and our products and our services are at your sole risk.

Pushbutton Hosting expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Pushbutton Hosting makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the service will be corrected. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the use of the service. No advice or information, whether oral or written, obtained by you from Pushbutton Hosting or through or from any of its service providers shall create any warranty above and beyond that which is expressly stated in the terms and conditions.

Limitations of Liability
You expressly understand and agree that Pushbutton Hosting shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Pushbutton Hosting has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased, obtained, stored, sent or received from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

Except in relation to such liability as has been expressly excluded the maximum aggregate liability of Pushbutton Hosting in contract, tort, statutory duty or otherwise (even where Pushbutton Hosting has been advised of the possibility of such loss or damage) for any loss or damage whatever arising from or in relation to this Agreement shall be limited to lessor of (i) $500; (ii) the monthly cost of the Service which has been paid for a given month. This limit shall also apply in the event that any exclusion or other provision contained in these Terms and Conditions is held to be invalid for any reason and Pushbutton Hosting becomes liable for loss or damage that would otherwise have been limited.

Applicable Law
By visiting Pushbutton Hosting, you agree that the laws of the state of Arizona, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Pushbutton Hosting or its affiliates.

Disputes
Any dispute relating in any way to your visit to Pushbutton Hosting or to products and services you purchase through Pushbutton Hosting shall be submitted to confidential arbitration in Yuma, Arizona, except that, to the extent you have in any manner violated or threatened to violate Pushbutton Hosting's intellectual property rights, Pushbutton Hosting may seek injunctive or other appropriate relief in any state or federal court in the state of Arizona, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Site Policies, Modification, and Server-ability
Please review our other policies, such as our Privacy Policy and Refund Policy, posted on this site. These policies also govern your visit to Pushbutton Hosting. We reserve the right to make changes to our site, policies, and these Terms of Service at any time without prior notice. Updates to our site, policies, and these Terms of Service will be posted on our web site at http://www.pushbuttonhosting.net. If any of these conditions shall be deemed by Pushbutton Hosting or a state or federal court as invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.