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Terms of Service PDF Print E-mail

T.O.S. applies automatically to all BR-HOSTING's Technologies clients upon subscription to the Services including subscription through a third party or any commercial partner. BY SUBSCRIBING TO BR-HOSTING's SERVICES YOU ACCEPT THE POLICIES LISTED IN THIS DOCUMENT AND ACCEPT TO RESPECT THEM.

WHEREAS, BR-HOSTING is an information provider connected to the Internet. BR-HOSTING offers storage and transfer services over the Internet through access to its Web Server;
WHEREAS, Client seeks to utilize BR-HOSTING’s server for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, can make no guarantee that any given reader shall be able to access BR-HOSTING’s server at any given time. BR-HOSTING represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;

FINANCIAL ARRANGEMENTS

1. Client agrees to a three (3) month contract, beginning upon BR-HOSTING’s receipt by fax, mail, or express mail of the signed contract or/and agreeing to BR-HOSTING's T.O.S (I have read and agree to the Terms and Conditions of Use.) when purchasing any BR-HOSTING's service. Client agrees to pay BR-HOSTING for services rendered pursuant to the payment schedule.

2. First three (3) months payment shall be due upon receipt by BR-HOSTING of the signed contract.

3. This agreement will automatically renew for successive three (3) month periods unless canceled in writing 30 days prior to the quarterly renewal date. Client will receive an invoice for charges and payment is due upon receipt. Late payments will be subject to finance charges of 26.86%/year.

4. Client may elect to pay annually, in which case special discounts may apply as specified on the price sheet current at the time.

TAXES

BR-HOSTING shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or BR-HOSTING’s server. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

PAYMENTS

The Customer will pay BR-HOSTING. the One-Time Install Fees and Recurring Monthly Fees specified in the Service Order, as well as any charges for Other Services the Customer will pay all applicable taxes levied against or upon the services stipulated in the Service Order (as amended by the parties from time to time) or otherwise provided by BR-HOSTING. under this Agreement.

All One-Time Install Fees will be payable in advance and are not refundable. Recurring Monthly Fees will be payable in advance upon the Customer's chosen payment period. All other fees and the cost will be payable monthly. First Month’s Payment shown in the Service Order, which must be paid by the Customer to BR-HOSTING before commencement of the Term, all amounts will be payable within 5 days from the date of BR-HOSTING.’s invoices.

Invoices will be issued 5 days before the Start/End date. Accounts that are not paid 30 days after due date 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 Collection Fee. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. Any payment not made when due will be subject to interest of two percent (2%) per month compounded monthly (equivalent to a yearly interest rate of 26.86%).

LATE PAYMENT

Service will be interrupted on past due accounts after a 24 hours notification. Service interrupted for nonpayment is subject to a $25 DOLLARS. penalty charge. Accounts that are not collectable by BR-HOSTING. 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. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this T.O.S..

MATERIAL AND PRODUCTS

1. Client will provide BR-HOSTING with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of BR-HOSTING. BR-HOSTING shall make no effort to validate this information for content correctness or usability to validate this information for content, correctness or usability.

2. BR-HOSTING will exercise no control whatsoever over the content of the information passing through the network. BR-HOSTING makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. BR-HOSTING also disclaims any warranty of merchant- ability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of BR-HOSTING is at the Client's own risk, and BR-HOSTING specifically denies any responsibility for the accuracy or quality of information obtained through its services.
Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. BR-HOSTING expressly limits its damages to the Client for any non-accessibility time or other down time to the prorate monthly charge during the system unavailability. BR-HOSTING specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", BR-HOSTING may, at its option and at any time, reject this material, including but not limited to after it has been put on BR-HOSTING’s Server. BR-HOSTING agrees to notify Client immediately of its refusal of the material and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of BR-HOSTING . If the Client fails to modify the material, as directed by BR-HOSTING, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.

TRADEMARKS & COPYRIGHTS

Client warrants that it has the right to use the applicable trademarks, if any, and grants BR-HOSTING the right to use such trademarks in connection with BR-HOSTING BR-HOSTING’s Server service.

PRIVACY

BR-HOSTING. will use the customer's personal information only as reasonably necessary to provide contracted services and to collect fees owed and will not disclose such information to any third party except as required by law as evidenced by an order of a court of competent jurisdiction and to collection services if needed. The Customer authorizes BR-HOSTING to use it's name, business name and comments in marketing documents. At any time, the Customer can send a written notice to withdraw this authorization.

HARDWARE, EQUIPMENT & SOFTWARE

The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access BR-HOSTING . BR-HOSTING makes no representations, warranties or assurances that the Customer's equipment will be compatible with the BR-HOSTING service.

AGE

The Customer certifies that he or she is at least 18 years of age.

INTERNET ETIQUETTE

Electronic forums such as mail distribution lists and Use Net news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of BR-HOSTING may not be used to impersonate another person or misrepresent authorization to act on behalf of others or BR-HOSTING. All messages transmitted via BR-HOSTING should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.

TERMINATION

This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice to This e-mail address is being protected from spambots. You need JavaScript enabled to view it This e-mail address is being protected from spambots. You need JavaScript enabled to view it . This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Not with standing the above, BR-HOSTING may terminate service under this Agreement at any time, with immediate effect, and without penalty, if the Client fails to comply with the terms of this Agreement.
Termination without giving 30 days written notice to BR-HOSTING is subject to a penalty fee of $70 DOLLARS.

REFUND POLICY

Any prepayment is a commitment regarding the payment period that can not be refunded outside the terms of the satisfaction warranty which applies for 30 days following the opening of the account. However, when closing a product, the account may be credited with the value of advanced payments for that product. The credit may be used for further purchases at BR-HOSTING.

IF THE CUSTOMER IS IN DEFAULT

If the Customer is in default of any of its obligations under this Agreement, then BR-HOSTING. may in its sole discretion do any or all of the following: (i) without notice suspend access to the Customer Space or the Premises, (ii) if the Customer’s default is non-payment of any sums due to BR-HOSTING Technologies inc., exercise all the rights and remedies of a secured party under applicable law including, without limitation, with the minimum notice (if any) required by law, BR-HOSTING may seize the Equipment and sell the Equipment to third parties in satisfaction of any Customer indebtedness owing to BR-HOSTING as well as any costs (including reasonable legal fees) incurred by BR-HOSTING in exercising any remedy under this Agreement.

LIMITED LIABILITY

1. Client expressly agrees that use of BR-HOSTING’s Server is at Client's sole risk. Neither BR-HOSTING, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that BR-HOSTING’s Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the BR-HOSTING Server service, unless otherwise expressly stated in this Agreement.

2. Under no circumstances, including negligence, shall BR-HOSTING, its offices, agents or any one else involved in creating, producing or distributing BR-HOSTING’s Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the BR-HOSTING Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to BR-HOSTING’s records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on BR-HOSTING’s Server service.

3. Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement and any reasonable attorney's fee and court costs.

RESSELING

The Customer in the normal course of its business may resell to its customers use (subject to all the terms of this Agreement) of the Customer Space, Resources and Bandwidth Services provided by BR-HOSTING. to the Customer pursuant to this Agreement, except that the Customer will not allow such customers to interconnect with other users in the Premises Any act or omission of any such customer that would be a breach of this Agreement if committed by the Customer will be deemed a breach of this Agreement by the Customer. The Customer agrees to defend, indemnify and hold harmless BR-HOSTING, and its officers, directors and employees (collectively, the “Indemnities”), from any and all liabilities, costs and expenses, including reasonable legal fees, related to or arising from (i) any act or omission of any such the customer that would be a breach of this Agreement if committed by the Customer, and (ii) any claim by any such customer arising from use of the Premises, services provided by BR-HOSTING under this Agreement or otherwise from performance or non-performance by a party in any manner related to this Agreement.

LAWFUL PURPOSE

Client may only use BR-HOSTING’s Server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene,or “ADULT”, or material protected by trade secrets. Use of BR-HOSTING’s facilities for bulk e-mail of any kind (spam or UCE) is expressly prohibited.

INDEMNIFICATION

Client agrees that it shall defend, indemnify, save and hold BR-HOSTING harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against BR-HOSTING, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless BR-HOSTING against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with BR-HOSTING’s Server (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party;
(iii) copyright infringement and (iv) any defective product proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on BR-HOSTING Server.

BANDWIDTH / TRAFFIC LIMITATIONS

BR-HOSTING does not enforce any quota limits on bandwidth per client. However, BR-HOSTING reserves the right to revise this policy on a commercial basis. In the event the policy is revised, client shall have at least 30 days advance notice of such changes in BR-HOSTING’s policy. This Agreement constitutes the entire understanding of the parties.

 

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