1. Account Setup
We will setup your account after we have received payment and a signed contract. It is your responsibility to provide us with an email address which is not at the domain(s) you are signing up under.
2. Content
All services provided by us may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene, or pornography.
Examples of unacceptable material:
IRC Bots
Pornographic Images
Warez Sites
Pirated Software
Hate sites
Hack programs and archives
3. Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt in” will be treated as spam. Any user who sends out spam will have their account terminated without notice.
Spam is defined, in particular, as any email in violation of the CAN-SPAM Act of 2003.
We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. We also reserves the right to make any such modifications in an emergency at our sole discretion.
We reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of BrevardWebHosting.com and its affiliated partners and suppliers.
4. Payment Information
You agree to supply appropriate payment for the services received from us, in advance of the time period during which such services are provided. You agree that until and unless you notify Brevard Web Hosting of your desire to cancel any or all services received, those services will be billed or invoiced on a recurring basis.
We reserve the right to change the annual payment amount and any other charges at anytime. However, all current contracts will remain in force for the current year. If the annual payment amount increases at all during your present term, you will be sent a bill or invoice at least 60 days prior to renewal to provide you time to shop around if necessary. If the annual payment amount increases within 30 days of your renewal, you will be billed at your prior year’s rate for the renewal. If you elect to non-renew your account with us because of an annual payment increase, BrevardWebHosting.com will assist you liberally in setting you up with your new provider without charge.
5. Backups and Data Loss
Your use of the service is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers. However, we will upon written request, by email or U.S. Mail, provide you with a zipped archive of all data, images, and content on your site to store by you in a manner in which you choose.
6. Cancellation and Refunds
We reserve the right to cancel the account at any time and for any reason. However, we will not cancel your account without cause. Except for violations of this Terms of Service Agreement, we will send you at least 30 days notice, both by email and U.S. Mail and the refund provisions of this agreement will still apply.
Customers may cancel at any time. You may be eligible for a partial refund at the earliest onset of our agreement. (In other words, if you suddenly change your mind a few days later before work has begun). Otherwise, any refund will be pro-rated minus a labor charge of $75/hour including our initial consultation, any other meetings, telephone calls, and work done on the site up to that point. Thus, depending on your plan, it may be possible that you would not receive much (or any) refund even though your website may not be finished. For this reason, it is strongly recommended that you consider your purchase carefully before asking Brevard Web Hosting to commence with work by signing an agreement.
All cancellation requests are processed based on the date of your authenticated email request or the date postmarked on any request sent by U.S. Mail.
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with Brevard Web Hosting.
7. Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month. For most small to medium-sized businesses, this is highly unlikely. We will absorb the cost of limited, isolated spikes in your traffic that cause you to exceed your available bandwidth.
8. Indemnification
Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against us, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless any liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with us; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from BrevardWebHosting.com’s servers and any belonging to its affiliated partners and suppliers’s server.
9. Disclaimer
We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaim any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by us and our employees.
10. Changes to the Terms of Service (TOS)
We reserve the right to revise its policies at any time without notice. This page can always be found at http://www.brevardwebhosting.com/tos.
