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Terms of Service, "TOS"
By registering to be a member of Bravenet and to use any Bravenet Service,
you are agreeing to the following Terms of Service. Failure to comply will
result in account termination.
1. Disclaimer of Warranty.
Bravenet Web Services Inc. disclaims all warranties or representations,
express or implied, oral or written, including, without limitation, warranties
of merchantability, fitness for a particular purpose, title or non-infringement.
Bravenet Web Services Inc. does not warrant that its services are error-free or
that they will operate without interruption nor does Bravenet Web Services Inc.
make any warranty with respect to the quality, reliability, timeliness or
security of its services.
Bravenet makes no guarantee as to the availability of Service and are not
responsible for any loss of information resulting from deletion of Services,
network or system outages, file corruption, or any other reasons.
2. Disclaimer of Service Content.
Bravenet does not verify, endorse, or otherwise vouch for the contents of any
Web Site using a Bravenet Web Service. Web Service owners are responsible for
everything contained on their own Web Site and in their Web Services. Web
Service owners can be held legally accountable for the contents of any web
service; including for example; material protected by copyright, trademark,
patent, or trade secret law.
3. Service Limitations.
You are not allowed to associate any Bravenet Services or Web Tools with any
adult material of any sort. This includes, but is not limited to, such things as
nudity, any site, page, image or service requiring any adult verification
service, anything that says you must be 18 or older to view or join or access,
and any text, image or likeness suggesting sexual and/or inappropriate and/or
illegal acts of any sort.
We do not allow any Bravenet Member Account to store, use, contain or display
pornography, adult novelties, adult toys, XXX material, Gorean, bondage, BDSM,
anything illegal, bigotry, racism, hatred, profanity, mail fraud, pyramid
schemes, or any material which may be insulting to another person(s) or company,
or depicts the exploitation of minors (children under 18 years of age). No
spamming allowed, no harassing, threatening or illegal activities.
In addition we do not allow:
- File storage - Bravenet Member Accounts found to be storing files for use on
other websites will be terminated without notice, at Bravenet's sole discretion.
Bravenet Member Accounts found to be storing files renamed, or modified in any
way, to bypass Bravenets file restrictions will be terminated without notice, at
Bravenet's sole discretion.
- Copyrighted or Trademarked materials - NO copyrighted or trademarked
materials may be stored in Bravenet Member Accounts, unless the Bravenet Member
is the sole legal owner of the Copyright or Trademark and can reasonably
demonstrate Ownership or legal permission for use, on demand.
- Adult services - Bravenet Member Accounts may not be used to promote, store,
or display information or data pertaining to or about Escort services or Paid
Companionship services of any sort.
Material in Bravenet Member Accounts must be appropriately and legally viewed
and used by all ages. Bravenet Member Accounts found to be in violation of any
portion of this section can and will be terminated without notice at Bravenet's
sole discretion.
4. Bravenet Code Usage Limitations.
Bravenet services and service code provided for use by Members is, and
remains, copyrighted material/property of Bravenet Web Services, Inc. Bravenet
grants you a limited license to modify our service codes in 5 specific ways:
- You may modify the text and color displayed in the service to match those of
your webpages.
- You may modify images appearing in the service, where applicable.
- You may modify the dimensions (height and width) that services are displayed
in, as long as the service remains visible.
- You may modify the buttons provided by Bravenet that link to the services,
in order to match your site.
- You may replace the buttons provided by Bravenet that link to the services,
in order to match your site, as long as each button conforms to the usage
guidelines outlined in the Terms of Service.
You may not modify any other portion of our codes, including but not limited
to advertising script, service copy/paste codes or any other Bravenet code, in
any manner,for any reason whatsoever.
Accounts found to be in violation of this section will be Terminated
immediately along with all services registered and associated with the Account,
without warning, at Bravenet's sole discretion.
5. Account Termination.
Bravenet can remove any Web Service from the database, without prior notice,
if we find the contents unsuitable for the public. We can remove a Member's
Services if there is no evident activity for 90 days. And we can deny membership
if we see the need. If the Membership is a paid member account or service, and
Bravenet terminates the account or service for a TOS violation, the payment is
not refundable.
All mailings sent to you by Bravenet.com are opt-in emails activated and
authorized by you either through subscription or as a mandatory component of
your membership in Bravenet. All subscribed mailing lists have a link at the
bottom to allow you to unsubscribe from that mailing list if you wish. Other
mailings are mandatory and are conditional of your membership with Bravenet.com.
If you report any of these mailings or service notification emails (which you
have the control to turn off yourself), as spam we reserve the right to
terminate your Bravenet account.
6. Service and Member Account Upkeep.
As the Registered Owners of our services, Bravenet members are required to
maintain their Registered Services and keep them within the guidelines set forth
here in the Terms of Service. Failure to do so will result in Account
Termination, at Bravenet's sole discretion.
All Members must ensure that their member account information is accurate and
complete at all times. It is particularly important to keep the email address
stored in your member account current and valid at all times.
7. Member Email lists.
By registering a Bravenet account, you agree to subscribe to our Members
Update, Tips and Tricks, Freebies and Special Offers mailing lists. These lists
may contain third-party sponsorships. You may unsubscribe from the Special
Offers, Freebies and Tips and Tricks list by removing your email address here:
Special Offers
Remove me from this
list
Tips and Tricks
Remove me from
this list
Freebies
Remove me from this
list
Maintaining a working subscription to our regularly sent Members Update
Newsletter is Mandatory for all Bravenet Members. If you wish to no longer
receive the Members Update Newsletter, delete your Member account and services.
Other lists subscriptions are completely optional and may contain third-party
endorsements.
8. Exclusive Remedy.
Issues of exclusive remedy are adequately dealt with under limitation of
liability and governing law.
9. Limitation of Warranty.
Each party hereby acknowledges that it has not relied upon any warranty,
condition, guarantee or representation made by the other except as specifically
set forth in this agreement.
10. Limitation of Liability.
In no event shall either party be liable to the other for indirect,
incidental, consequential, special, exemplary or punitive damages in any action
arising from or related to this agreement whether based in contract, tort
(including negligence), intended conduct or otherwise including, without
limitation, damages relating to the loss of profits, income or goodwill,
regardless of whether such party has been advised of the possibility of such
damages. In no event will Bravenet Web Services Inc. be liable for amounts
greater than actually received under this agreement in the six (6) months
preceding the date that any cause of action arises.
11. Indemnification.
Bravenet services are completely free. They may be used for Business
(Commercial) Sites or Personal Sites. All you have to do is abide by the rules.
By registering, you become a Web Service owner. You then agree to indemnify and
hold harmless Bravenet for any loss, liability, and damage arising from or in
connection with the contents or service of any Bravenet Web Service.
Each party will defend, indemnify and hold harmless the other party and its
officers, directors, employees, agents and affiliated entities from and against
any and all liabilities, losses, damages, claims and expenses, including
reasonable legal fees arising out of or related to the indemnifying parties'
conduct under this agreement or such parties' breach of this agreement or the
untruth of any such parties' representations or warranties herein.
12. Force Majeure.
Neither party shall be deemed in default or otherwise liable under this
agreement, except with regards to payments due herein, due to its inability to
perform its obligations hereunder by reason of any fire, earthquake, flood,
substantial snow storm, epidemic, accident, explosion, casualty, strike,
lock-out, labour controversy, riot, civil disturbance, act of public enemy,
embargo, war, act of God or any municipal, county, state, provincial,
territorial or national ordinance or law, or any executive, administrative or
judicial order (which order is not the result of any act or omission which would
constitute a default hereunder) or any failure or delay of any transportation,
power or communication system or any other similar cause beyond that parties'
control.
13. Governing Law.
This agreement shall be deemed to have been made in the Province of British
Columbia, Canada and the validity, construction, interpretation and enforcement
hereof and the rights of the parties hereto shall be determined under, governed
by, and construed in accordance with the internal laws of the Province of
British Columbia without regard to the principles of conflicts of laws. Each
party is specifically prohibited from bringing any action arising from or
related to this agreement other than in the Province of British Columbia unless
the said action is for the purpose of enforcing a Judgment already obtained in
the Province of British Columbia.
14. Usage of Bravenet Servers.
Bravenet servers may be used for lawful purposes only. Transmission, storage,
or distribution of any information, data, or material in violation of any
applicable law or regulation is prohibited. This includes, but is not limited
to: copyrighted material; trademarks; trade secrets or other intellectual
property rights used without proper authorization; material that is obscene,
defamatory, constitutes an illegal threat, or violates export control laws
15. Bravenet Network Security.
Violations of system or network security are prohibited and may result in
criminal and civil liability. Examples include but are not limited to the
following: unauthorized access, use, probing, or scanning of systems security or
authentication measures, data, or traffic; interference with service to any
user, host, or network including, without limitation, mail bombing, flooding,
deliberate attempts to overload a system, broadcast attacks; forging of any
TCP-IP packet header or any part of the header information in an email or a
newsgroup posting.
16. CPU Usage.
Bravenet Members shall not use excessive amounts of CPU processing on any of
Bravenet's servers. Any violation of this policy may result in corrective action
by Bravenet, including assessment of additional charges, disconnection or
discontinuance of any and all Services, or termination of this Agreement, which
actions may be taken in Bravenet's sole and absolute discretion. If Bravenet
takes any corrective action under this section, the Member shall not be entitled
to a refund of any fees paid in advance prior to such action.
17. Bandwidth and Disk Usage.
With Bravenet.com Web Tools, bandwidth limits are calculated on a recurring
30 days basis. Bandwidth cannot be combined with multiple packages. Bandwidth
and disk usage shall not exceed the number of megabytes per day for the Services
ordered and purchased by the Member. Bravenet will monitor each Member's
bandwidth and disk usage. Bravenet shall have the right to take corrective
action if any Member's bandwidth or disk usage exceeds the Agreed Usage. Such
corrective action may include the assessment of additional charges,
disconnection or discontinuance of any and all Services, or termination of this
Agreement, which actions may be taken in Bravenet's sole and absolute
discretion. If Bravenet takes any corrective action under this section, the
Member shall not be entitled to a refund of any fees paid in advance prior to
such action.
Bandwidth limits for Basic Hosting accounts are structured around a monthly
total, but metered on a daily basis to ensure that server resources are equally
available to all accounts. Accounts using all of, or more than, their alotted
daily bandwidth will be temporarily suspended until 12:01am PST the following
day. Daily bandwidth metering begins at 12:01am PST and ends at 11:59pm PST.
Bandwidth limits are a combination of both HTTP and FTP traffic.
18. Purchase Policy.
Web Tools Service Payments:
If you are purchasing one of our various Web
Tools we will accept VISA and Mastercard payments and payments made through the
PayPal service. Your service(s) will be automatically activated within your
account when purchasing using these methods.
We also accept International Money Orders and Checks made out to Bravenet Web
Services, in US Dollars only. Services purchased through these 2 methods will be
activated in your member account once payment has been received and successfully
processed.
Please Note: The category above does NOT include Web Hosting payments.
Hosting and Domains Payments:
If you are purchasing one of our Web Site
Hosting or Domain services, we will accept VISA and Mastercard payments and
payments made through the PayPal service. Your service(s) will be automatically
activated within your account when purchasing using these methods.
IMPORTANT NOTE: All prices quoted on the Bravenet Web Services web site are
in US dollars.
19. Refund Policies.
Domain Registration Payments:
We do not provide refunds for Domain
Registrations, since Domains cannot be unregistered. Domain transfer fees are
non-refundable.
Template Gallery:
The Templates contained in the Template Gallery service
are deemed to be commercial software, thus no refunds can be made to those
purchasing this service, since the product is digital in nature and cannot be
physically returned to Bravenet. All purchases of this service are final and
non-refundable.
Website Hosting:
Monthly Hosting package payments are
fully refundable up to 7 days from the date of purchase. Notify us in writing,
and include a copy of your purchase receipt, within 7 days of the date of
purchase and we will provide a full refund of your payment, if applicable.
Yearly Hosting package payments are fully refundable up to 30 days from the
date of purchase. Notify us in writing, and include a copy of your purchase
receipt, within 30 days of the date of purchase and we will provide a full
refund of your payment, if applicable.
Hosting packages purchased with the free domain name and/or template gallery
option will receive a partial refund, as the normal purchase price of the domain
name, template usage and/or domain name transfer requests, will be applied
against any outstanding amount(s).
Professional Tools and Services:
Professional Tools package payments are
fully refundable up to 30 days from the date of purchase. Notify us in writing,
and include a copy of your purchase receipt, within 30 days of the date of
purchase and we will provide a full refund of your payment, if applicable.
Partial refunds may result in an administration fee.
Bravenet reserves the right to amend or change these Rules and Regulations at
any time and without prior notice.
If you notice a Bravenet Member breaking any of the rules, please notify us
via the Support Center:
http://support.bravenet.com
Please follow the rules... and enjoy Bravenet's Web Services!
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