Agreement Between BrainScanMedia.com And All Customers
This document shall serve as an agreement between BrainScanMedia.com, Inc. ("we", "us", or "provider") and you as an end-user ("you", "user", or "customer"). This document shall constitute the entire agreement between BrainScanMedia.com, Inc. and you and while superseding any other prior agreements, govern your use of all BrainScanMedia.com, Inc. services. Activities Subject to Immediate Deactivation. Any Hosting Account that is used for Illegal, Abusive or Unethical Activity may be immediately deactivated by us without warning to you. Any misuse or overuse of the server will result in immediate deactivation of an account. Illegal, Abusive or Unethical Activities include, but are not limited to inclusion of or linking to, pornography, mp3's, obscenity, nudity, violations of privacy, hacking, irc related scripts and programs, non approved server scripts, eggdrops, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses, as determined by us. You agree to indemnify and hold us harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials. Although we will make reasonable efforts to alert you to such activities and allow you an opportunity to cure them within a 12-hour period after discovery, we are not required to give notice before deactivating your use of our services if, in our discretion, your use is or results in Illegal, Abusive or Unethical activities. If a Hosting Account is disabled, the regular monthly fees still apply. Each individual hosting account is allowed 1 main domain name with all additional parked domain names pointing to the main site of the main domain, unless otherwise specified. BrainScanMedia.com, Inc Web Services reserves the right to Cancel/Deactivate any account at any time for any reason. There will be no tolerance of any abuse of any of our support methods, which will result in immediate suspension.
Public Nature of Internet. Please understand that all information submitted on the Hosting Account shall be considered publicly accessible. Important and private information should be protected/backed up by you. For example, we are not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider that you may use.
Unsolicited Electronic Mail. You are expressly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, information announcements, and political tracts. Such material may only be sent to those who have specifically requested it. Malicious or threatening email is also prohibited. We reserve the right to immediately deactivate your use of our service if we discover such activity. Further, you agree to indemnify and hold us harmless from any claim resulting from your use or distribution of electronic mail services through the service provided through this Agreement. Anyone using our services for spamming will be immediately subject to a $250 cleanup/network abuse fee.
BrainScanMedia.com, Inc. servers are not to be used for the purpose of hosting scripts or images for data collection or any other purpose to reduce the load on another webhost, or for any other reason. Servers are not to be used for the hosting or serving of file downloads. Any site with traffic or disk usage consisting more than 33% of file downloads (non html traffic) may be suspended. Customers are not permitted to open connections to the server at a rate of more than 3,000,000 connections/month. Customers are not permitted to run scripts on their account with us, to monitor connections and status's of other servers (gaming servers for example). Customers are not permitted to get multiple accounts with BrainScanMedia.com, Inc., for the purpose of getting extra bandwidth only, to avoid bandwidth overage charges. Customers are not permitted to host multiple separate domains (not referring to parked domains) on one account unless this is a feature of they account they have ordered. BrainScanMedia.com, Inc. can and will terminate accounts of people using our servers not to host their domain but only scripts.
Guaranteed Uptime - The BrainScanMedia.com, Inc. network of computers, will have a guaranteed aggregate average uptime of 99.5% over the course of three months (90 days). This does not include scheduled downtime for maintenance on servers, which will be minimal, and necessary. This also doesn't include mass-network problems such as major backbone problems.
Minimum server specifications are not guaranteed on all machines, however upon request any account will be moved to a server matching our current minimum server specifications.
Service Fees - All payments are due on time, without exception. You understand that recurring service charges or renewals will be billed automatically on, or around the anniversary of the date you established service in accordance with your plan's term. Any failed charges on an invoice are subject to a $1.65 service fee. Accounts with any past due invoices are at risk of suspension and late fees. Any account suspended for more than a 30 day period are terminated without backup.
Cancellation - All cancellations need to be made in writing through our trouble ticket system (http://www.bsmwebhosting.com.com/support.php). In the event you cancel your service, you will be charged in full for the entire month in which you canceled your service. All accounts and websites will be removed once billing has been cancelled from billing. Account cancellations for accounts with a negative balance will be passed on to collections, and all services rendered to the party with the negative balance will be terminated, including domain registrations. In the event you have elected to prepay subsequent, additional months' Service Fees, we retain the right to charge you an administrative fee of 50% and deduct the administrative fee from the subsequent, future months' Service Fees before refunding them to you. There is a $50 administrative fee for any illegitimate chargebacks placed against us. Any illegitimate chargebacks or threatened illegitimate chargebacks are grounds for immediate account cancellation.
30 Day Guarantee - The 30 day guarantee covers cancellation of an account during the first 30 days of service, due to our inability to deliver satisfactory service. The customer will be refunded all hosting charges made to their credit card less any setup fees which are non-refundable. Refunds will not be given for any reason in the case of account non-use, misuse, or abuse. Refunds will not be given on domain registration fees. All inquiries regarding this guarantee should be directed to our support page.
Affiliate Program - Affiliate payouts of 3% per signup will be paid out through http://www.bsmwebhosting.com/affiliates.php. You may not refer yourself through this affiliate program. You may refer your customers, but the name on your account with us must be different than the affiliates name or the referral will be marked ineligible.
Agreement - BrainScanMedia.com, Inc. MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. You assume all risk and liability resulting from the use or functionality of the service, whether used solely or in combination with other goods and/or services. BrainScanMedia.com, Inc. neither assumes nor authorizes any person to assume any other liability in connection with the sale or use of the service. BrainScanMedia.com, Inc. will not be held liable in any capacity for any service failures including any acts or omissions related to data. In the event of data loss or a service interruption, BrainScanMedia.com, Inc. will not be held responsible and will have no liability. The entire agreement shall be governed by the laws of the state of New York and shall remain in full-force until service termination in writing as outlined. If any part of this agreement is found to be unenforceable or invalid in your area, you agree that the arbitrator shall enforce the provisions of this agreement by replacing them with an effective similar, legal provision with the effect intended with the original provision. BrainScanMedia.com, Inc. may update this agreement at any time without notice. Binding Arbitration - You agree that any and all disputes or claims against BrainScanMedia.com, Inc. or the BrainScanMedia.com, Inc. service will be handled by an arbitrator or our hiring and decisions rendered by such arbitrator will be final and binding. In the arbitrator rules in our favor, you will be responsible for any and all costs related to or associated with such arbitration.
BrainScanMedia.com, Inc. Web Services reserves the right to modify this agreement at any time.
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