BrioHost Terms of Service
As a provider of Internet access, web site hosting, and other Internet-related services, BrioHost offers its customers,
and their customers and users, the means to acquire and disseminate public, private, commercial, and non-commercial
information. BrioHost respects that the Internet provides a forum for free and open discussion and dissemination of
information, however, when there are competing interests at issue, BrioHost reserves the right to take certain
preventative or corrective actions. In order to protect these competing interests, BrioHost's Terms of Service
supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to
the customer's rights and obligations when utilizing BrioHost's services.
Upon signing up for BrioHost's services, all customers indicate acceptance with BrioHost's Terms of Service and are
bound by these Terms of Service. If you do not wish to be bound by this document, you may not access or use the
BrioHost site and or services.
At any time and without prior notice, BrioHost shall have the right, to modify, add or remove terms from the Terms of
Service, and all changes are effective immediately. Users should review the Terms of Service periodically as
subsequent use shall constitute acceptance of any such changes.
Illegal Use
BrioHost 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, or that may directly facilitate the violation of
any particular 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. Examples of unacceptable content
or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots.
Domain Registration and Renewal
Customers purchasing domain name registration or renewals from BrioHost are subject to BrioHost's Domain Name Registration Terms of Service.
Uptime Guarantee
If the uptime of customer's Website is less than 99.9%, BrioHost will issue a credit to the customer's hosting account
in accordance with the following table, with the credit being calculated on the basis of the monthly service.
Website uptime - Credit Percentage
99.9 to 100% - 0%
98% to 99.8% - 10%
95% to 97.9% - 25%
90% to 94.9% - 50%
89.9% or below - 100%
Downtime Amounts - Credit Percentage
Less than 42.2 mins - 0%
42.3 - 864 mins - 10%
865 - 2160 mins - 25%
2161 - 4320 mins - 50%
greater than 4320 mins (72 hrs) - 100%
* Assumed a 30 day month, 43200 minutes in a month, 1440 minutes in a day
Exceptions
1) Circumstances beyond BrioHost's control including, war, strike or other labor disturbance, unavailability/interruption/delay in telecommunications, virus attacks and/or hackers, third party software failure (free scripts, ecommerce software including osCommerce, Merchant Gateways), fire, flood, tornado, earthquakes, acts by any governing body, embargo, boycott, or inability to obtain supplies, raw materials, or power used in or equipment needed for provision of this Uptime Guarantee.
2) Failure of access circuits to the Service Provider Network, unless the failure is caused solely by BrioHost's actions.
3) Emergency server or network maintenance, scheduled maintenance, and system upgrades.
4) Domain name system (DNS) problems outside of the control of BrioHost.
5) Issues with FTP, POP, IMAP, or SMTP customer access
6) Customer's acts or omissions (or acts or omissions of others acting on behalf of or authorized by customer), including, without limitation, custom scripting or coding (ie., PHP, Python, CGI, Perl, HTML, ASP, Cold Fusion, etc...), any negligence, willful misconduct, or use of the Services in breach of ANY ITEM outlined in BrioHost's Terms of Service.
7) Problems elsewhere on the Internet that prohibit you from viewing your account. This guarantee covers areas BrioHost controls such as our servers, routers, and switches.
Credit Request and Payment Procedures
In order to receive a credit, customer must make a request by sending an email message to support@briohost.com. Each request in connection with this Uptime Guarantee must include customer's domain name and the dates and times of the unavailability of the website. The request must be received by BrioHost within ten (10) days after the Website was not available. If the unavailability is confirmed by BrioHost, credits will be applied within 30 days after BrioHost's receipt of the credit request. Credit is posted to the customer's hosting account only - no refunds via check, credit card, or PayPal are available.
Notwithstanding anything to the contrary herein, the total amount credited to customer in a particular month under this Uptime Guarantee shall not exceed the total hosting fee paid by customer for such month for the affected Services.
30 Day Money Back Guarantee
All Web Hosting plans include a 30 day money back guarantee. If you are dissatisfied with your service for any reason,
you will receive a full refund (minus setup fees and overage charges) if you cancel your account within 30 days of the
activation of your account. Our refund policy does not apply to any additional items or services; this includes but is
not limited to Data Storage, Data Transfer, MySQL Databases, FTP Logins, and Sub Domains. Also not included are Domain
Registrations as well as Reseller programs. This money back guarantee is not available after 30 days. Any request for
cancellation must be received via the web form and you will receive a confirmation upon the cancellation of your
account. Cancellations over the telephone and informal email are not accepted.
The 30 day money back guarantee does not apply to reseller accounts, or any fees associated with these accounts.
Accounts canceled/terminated by BrioHost for violating our Terms of Service do not qualify for the 30-day money back
guarantee. For example, if your account is canceled due to spamming, you will not be given any refund.
Security
In order to use certain services, BrioHost requires that you register. In registering, you agree to: (a) provide true,
accurate, current and complete information about yourself as prompted by the order form(s) and (b) maintain and
promptly update the information. If you provide any information that is untrue, inaccurate, not current or incomplete,
or BrioHost has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete,
BrioHost has the right to refuse any and all current or future use of the services (or any portion thereof) by you. By
completing the registration you also agree to be bound by any terms provided in the registration process, these terms
and any terms applicable to the services for which you register. In certain cases you will receive or designate a user
name and password. You are responsible for maintaining the confidentiality of the user name and password, and are
responsible for all activities that occur under your user name and password, whether or not authorized by you.
BrioHost will not be liable for any loss or damage arising from your failure to comply with these terms.
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.
SPAM or UCE (Unsolicited Commerce E-mail)
Spamming, the sending of unsolicited mass email from or through a BrioHost server or using an email address that is
maintained on a BrioHost machine is STRICTLY prohibited. BrioHost will be the sole arbiter as to what constitutes a
violation of this provision. Customers are also in violation of this provision if they engage in spamming using the
service of another ISP or IPP, but reference in the spam a web site hosted on a BrioHost server, or if they sell or
distribute software on their web site that facilitates spamming. Violators will be subject immediate account
suspension or account termination.
Export Control Violations
Exporting encryption software over the Internet or otherwise, to points outside the United States.
Adult Content
Due to the special system and network requirements of adult-oriented sites, pornography and sex-related merchandising
are prohibited. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is
also true for sites that promote any illegal activity or content that may be damaging to our servers or any other
server on the Internet, or provide links to such sites.
Server Resources
BrioHost accounts operate on shared resources. Excessive use or abuse of these shared network resources by one
customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs
network performance is prohibited by this policy and may result in termination of your account.
You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time.
You may not use resource-intensive programs which negatively impact other customers or the performances of BrioHost's
systems or networks. BrioHost's reserves the right to terminate or limit such activities.
Links
BrioHost contains links to third party web sites or resources. BrioHost has no control over or responsibility for the
availability or liable for any content, advertising, products, or other materials on or available from such web sites
or resources. BrioHost provides the links to you only as a convenience and inclusion of any link does not imply
endorsement of the site nor does it imply the contents accuracy of material on such third party web sites. If you
choose to access the provided links to third party web sites, you do so at your own risk.
Intellectual Property Violations
Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including
copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations,
or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others.
BrioHost is required by law to remove or block access to customer content upon receipt of a proper notice of copyright
infringement. It is also BrioHost's policy to terminate the privileges of customers who commit repeat violations of
copyright laws.
Service Modification
BrioHost reserves the right to change or discontinue at any time, without notice, any materials, equipment,
specifications, models, products, or services described on the BrioHost web site.
Illegal or Unauthorized Access to Other Computers or Networks
Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or
attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any
activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other
information gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging,
flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the
ability of others to effectively use the network or any connected network, system, service, or equipment.
Facilitating a Violation of this AUP
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed
to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding,
mailbombing, denial of service attacks, and piracy of software.
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