Guidelines and Restrictions


While Bravenet services are freely available for use by anyone who registers as a Bravenet Member, there are some rules and guidelines you must adhere to when using any or all of our services.

Please make yourself familiar with the guidelines provided in our Terms of Service. Failure to comply with the terms set forth below can result in account or service removal, without notice.

Mailing Address

Bravenet
P.O Box 1722
201-100 East Jensen Ave
Parksville, BC
Canada V9P 2H5

Terms of Service: Rules and Regulations


BRAVENET GENERAL TERMS OF SERVICE

Welcome to the Bravenet.com, owned and produced by Bravenet Web Services, Inc. and its subsidiary and affiliate corporations, successors, and assigns (collectively referred to as "Bravenet"). By registering to be a member of Bravenet and to use any Bravenet Service, you are agreeing to the following Terms of Service. In addition, there are a variety of special Products and Services offered through Bravenet that have separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreement. When you are using any Bravenet service or product that does not have a separate legal agreement, the Terms of Service set forth here will apply.  Additionally, even if another Bravenet service or product has separate terms and conditions, terms of service, user agreement, or similar legal agreement, these Terms and conditions will also apply to the use of that service or product. Bravenet also may supplement the Terms of Service with additional posted guidelines or rules. These Terms of Service may be amended from time to time without any notice to yourself. You can view the most current version of the Terms of Service at any time by visiting: http://www.bravenet.com/global/terms.php Please review these Terms of Service from time to time so you will be apprised of any changes.

Bravenet may also use a third party service to monitor users' individual browsing sessions.

Bravenet may also offer other services from time to time that may be governed by the terms of service of the respective service partners.

Because the Terms of Service contain legal obligations, please read them carefully. Failure to comply will result in account termination and will subject you to further legal liability.

  1. Description of the Products and Services.

    Bravenet entitles users to access to a variety of on-line resources, including personal web page hosting services and interactive on-line services (the "Products and Services").  Some of the Products and Services are supported by advertising, enabling Bravenet to provide them to you at no cost. When you use these free services, you agree to allow Bravenet to display advertising, including third party advertising, through the Products and Services. Bravenet reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services or to change the nature, style, or form of advertisements displayed through the Products and Services. Unless explicitly stated otherwise, any new Products and Services, including changes, updates and new versions of the Products and Services, shall be subject to the Terms of Service.


  2. Acceptance.

    By using the Products and Services, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms of Service as they may be amended from time to time, together with any other posted guidelines or rules applicable to any specific Product or Service.


  3. Your Registration Obligations.

    Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of the Products and Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Bravenet has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Bravenet has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services (or any portion thereof).


  4. Responsibility For Minors.

    In cases where you have authorized a minor to use the Products and Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Products and Services; and (iii) the consequences of any misuse by the minor. Our service is not available to children under the age of 13, and we will not intentionally maintain information about anyone under the age of 13.


  5. Responsibility for Username and Password.

    Upon registering, you will receive a password and username. You are responsible for maintaining the confidentiality of the password and username, and are fully responsible for all activities that occur under your password or username. You agree to (a) immediately notify Bravenet of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Bravenet cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.


  6. Responsibility for Content.

    You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Bravenet, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Products and Services. Bravenet does not control user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. Under no circumstances will Bravenet be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. Bravenet does not, as a general practice, pre-screen user or third party Content posted on the Products and Services, although Bravenet reserves the right to do so.


  7. Personal and Business Accounts.

    Bravenet may, from time to time designate certain account types or packages as for business or commercial purposes (a “Business Account”) or for non-commercial, personal use (a “Personal Account”). You may only use the Products and Services through a Personal Account for personal, non-commercial purposes. In the event you wish to use the Products and Services for a commercial or business purpose, you must use a Business Account, or such other account as is designated by Bravenet. The determination as to whether or not a particular use is for personal, non-commercial purposes shall be in Bravenet’s sole discretion.


  8. 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 the Products and Services (including the existence or non-existence of any viruses or other destructive elements within the Products and Services). Bravenet makes no guarantee as to the availability of Products and Services and is not responsible for any loss of information resulting from deletion of Products and Services, network or system outages, file corruption, or any other reasons.


  9. Service Limitations.

    The Products and Services may only be used for the intended purpose for which such Products and Services are being made available. You may not use the Products and Services to, or associate the Products and Services with any Content or activities that:

    (a)  Upload, post or otherwise transmit any Content that is, or that promotes behaviour that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

    (b)  Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age;

    (c)  Harm minors in any way;

    (d)  Associate Bravenet and any Products and Services 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 users to 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. Without limiting the foregoing, you may not use the Products and Services to store, use, contain or display pornography, adult novelties, adult toys, XXX material, escort services, Gorean, bondage, BDSM, bigotry, racism, hatred, profanity, or any material which may be insulting to another person(s) or entity;

    (e)  Associate Bravenet and any Products and Services with any childlove site, material, content or activities;

    (f)  Associate Bravenet and any Products and Services with any site, material, content or activities that promote anorexia or any other eating disorders;

    (g)  Impersonate any person or entity, including, but not limited to, a Bravenet official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

    (h)  Sell, distribute, or make any commercial use of data obtained from any Products and Services or make any other use of such data in a manner which could be expected to offend the person for whom the data is relevant;

    (i)  Create and maintain a Bravenet web page that (i) redirects to another web page or (ii) stores or hosts content for remote loading by other web pages;

    (j)  Create, maintain or operate an escrow service, High Yield Investment Program ("HYIP") or similar services and activities;

    (k)  Use the Products and Services to hyperlink to content not permitted on the Bravenet Network;

    (l)  Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services;

    (m)  Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market;

    (n)  Disobey any Bravenet employee or representative or interfere with any action by any Bravenet employee or representative to redress any violation of these Terms of Service;

    (o)  Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content from any Bravenet database, including, without limitation, by incorporating data from any Products and Services, whether browser-based, based on proprietary client-site applications, web-based, or otherwise;

    (p)  Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Products and Services;

    (q)  Upload, post, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;

    (r)  Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:

    1. Making available copyrighted software or other Content that has had the copyright protection removed.
    2. Making available serial numbers for software that can be used to illegally validate or register software.
    3. Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content.
    4. Making available any software files for which the user does not own the copyright or have the legal right to make available;

    (s)  Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

    (t)  Use any software deployed in connection with the Products and Services to process data as a service to other entities without the express written consent of Bravenet or the party from whom such software may be licensed.

    (u)  Upload, post or otherwise transmit or provide links to any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

    (v)  Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of any Products and Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

    (w)  Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services;

    (x)  Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by any Securities and Exchange Commission or similar body, and any regulations having the force of law.

    (y)  "Stalk" or otherwise harass another;

    (z)  Collect or store personal data about other users;

    (aa)  Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;

    (bb)  Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Products and Services.


  10. Bravenet Code Usage Limitations

    The Products and Services and Bravenet code provided for use by Members are, and remain, copyrighted material/property of Bravenet. Bravenet grants you a limited license to modify our service codes in 5 specific ways:

    1. You may modify the text and color displayed in the service to match those of your web pages.
    2. You may modify images appearing in the service, where applicable.
    3. You may modify the dimensions (height and width) that services are displayed in, as long as the service remains visible.
    4. You may modify the buttons provided by Bravenet that link to the services, in order to match your site.
    5. 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 the Products and Services and Bravenet code, including but not limited to advertising script, service copy/paste codes or any other Bravenet code, in any manner, for any reason whatsoever.


  11. News Service.

    In addition to any other provisions contained in these terms of service, the following limitations and conditions shall apply to your use of our News Service and any portion, element, file, article or other data from the News Service (collectively referred to as the "News Service"). Bravenet has entered into agreements with one or more third party news providers ("News Provider(s)") to provide the News Service. Your use of the News Service must comply with the requirements of the News Providers as detailed below:

    (a)  You may use the News Service for news, editorial, and informational purposes only, as such you shall only have the right to display the News Service on your website, and in no other medium whatsoever,. You may not edit, abridge, rewrite, or in any way alter the content of the News Service except with the prior written consent of Bravenet and News Provider. If Bravenet or News Provider alters or revises the content of the News Service in any way, you shall remove the earlier version of the Product from your system, and use the revised version, as soon as you receive the revised version or as soon as you are instructed by Bravenet or News Provider to remove the earlier version, whichever is earlier.

    (b)  You shall neither use, nor permit the use of the News Service, in any way that compromises the integrity thereof or which infringes any copyrights, trademark rights, or proprietary interests. You shall not remove News Provider copyright and credit lines from the News Service, nor take any action that would compromise any of Bravenet's or News Provider's rights in the News Service.

    (c)  You acknowledge that all intellectual property rights, trademarks, logos, copyrights and trade secret rights, tangible and intangible, in the News Service, other than data in the public domain, belong to Bravenet and/or News Provider. You agree to cooperate with Bravenet and/or News Provider in protecting their copyright in the News Service.

    (d)  You shall not distribute or in any way make available the News Service to newspapers, radio, or television stations, wire services, periodicals, news agencies, on-line services, or any party whose intent is to resell, redistribute, or republish all or any elements of the News Service. You shall stop any distributions to the unauthorized entities, mentioned above in this sub-section, immediately after such unauthorized use becomes reasonably known. You shall make a reasonable effort to know whether the above-mentioned entities are using the News Service without authorization.

    (e)  You shall not separate any portion of the News Service from the original edition in which it was published, in order to republish product separately or in connection with a work other than the work in which it was first published.

    (f)  You are prohibited from undertaking any of the following actions: (i) licensing or selling any part of the News Service to any third party, (ii) making and retaining file copies of the News Service, other than for internal business use, (iii) editing, rewriting, or altering any part of the News Service in any way whatsoever, and (iv) assigning your agreement with Bravenet for any reason, to anyone, including but not limited to any parent, affiliated, or subsidiary organization, except with prior written permission from Bravenet and News Provider.

    (g)  You agree to comply and cooperate with any request by Bravenet or News Provider to remove or cease use of the News service, or any portion thereof, from the Distributor's database, software and/or host system.


  12. Account Termination.

    Use of the Products and Services is subject to compliance with these Terms of Service. You acknowledge and agree that Bravenet may terminate your account and your access to any of the Products and Services, and may remove and discard any Content, without prior notice, should you fail to comply with the Terms of Service or any other guidelines and rules published by Bravenet. Any such termination shall be in Bravenet's sole discretion and may occur without any notice. Bravenet further reserves the right to terminate any user's account or access to the Products and Services for any conduct that Bravenet, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to Bravenet or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. Bravenet further reserves the right to terminate any user's account if there is no evident activity for a period of 90 days. Bravenet further reserves the right to terminate any user's account and access to the Products and Services, and to remove and discard any Content, for any reason or for no reason at all, in Bravenet's sole discretion, without prior notice, or any notice.

    In the event Bravenet terminates a user's account for violating the Terms of Service, or for inactivity, and that user is a paid member of Bravenet, that user's 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 Unsolicited Commercial Email, or SPAM, we reserve the right to terminate your Bravenet account.


  13. 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.


  14. Member Email lists.

    (a) Members Update, Tips and Tricks, Freebies and Special Offers mailing 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 these lists by removing your email address here: Unsubscibe.

    (b) Mailing List Services

    When you register to use our Mailing List Services, you must abide by all applicable legislation relating to the proper collection and use of email addresses. We will neither use, nor disclose the email addresses or personal information of your subscribers to any third party unless we are compelled by law or, in our sole discretion, whenever we believe an emergency, illegal activity or some other reasonable basis exists for notifying or providing such information to the appropriate authorities.

  15. Cookies.

    Use of the Products and Services requires that you accept all cookies in order to activate special Web features and security mechanisms, and to enhance Web site performance. While your browser may allow you to "reject" cookies, the Products and Services may require that you accept all cookies in order for its features and security mechanisms to function fully. Deleting, removing or preventing Bravenet cookies from being properly written to your computer may result in adverse affects on your use of the Products and Services. A "cookie" is an electronic note created by a web site and stored on your computer.  By using the Products and Services, you authorize Bravenet's use of cookies.


  16. Limitation of Warranty.

    THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, BRAVENET DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, BRAVENET DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. BRAVENET SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT BRAVENET DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. BRAVENET DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. BRAVENET DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. BRAVENET MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF ANY PRODUCTS AND SERVICES.

    YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.

    Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.


  17. Limitation of Liability.

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL BRAVENET OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE PRODUCTS AND SERVICES OR RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF BRAVENET OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES AND THE DELETION OF CONTENT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

    SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO the PRODUCTS AND SERVICES OR TO BRAVENET. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

    SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES OR OTHER CONTENT. WITH RESPECT TO PAID BRAVENET MEMBERS, BRAVENET'S ENTIRE LIABILITY, IF ANY, SHALL NOT EXCEED THE AMOUNT OF THE PAID MEMBER'S MOST RECENT FEE PAYMENT. UNDER NO CIRCUMSTANCES SHALL BRAVENET OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.

    UNDER NO CIRCUMSTANCES WILL BRAVENET BE RESPONSIBLE FOR ANY CHARGES (INCLUDING NSF CHARGES) YOU INCUR AS A RESULT OF ERRONEOUS CHARGES, AGAINST YOUR CREDIT CARD OR PAYPAL ACCOUNT, OR AS A RESULT OF YOUR FAILING TO CANCEL YOUR ACCOUNT AND/OR AUTOMATIC PAYMENTS IN A TIMELY FASHION.

    In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.


  18. Indemnification.

    By using the Products and Services you agree to indemnify Bravenet and its officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the Products and Services, or from any person's use of any account or password you maintain with any of the Products and Services, regardless of whether such use is authorized by you. By using the Products and Services, you are hereby agreeing to release Bravenet and its officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES.


  19. 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.


  20. Bandwidth and Disk Usage.

    Bravenet provides users with bandwidth, disk space and other resources, such as e-mail, database, and/or file-transfer-protocol ("FTP") accounts, the amount of which is defined in Bravenet's web pages describing the package of Products and Services purchased at the time of purchase. In some cases, Bravenet may choose not to establish a specific amount of bandwidth, disk space and other resources, and refer to that as "Unlimited". In all cases, the Products and Services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited. Bravenet reserves the right to suspend, discontinue or delete the accounts of users whose use of disk space, bandwidth or other resources results in or presents the risk of degradation of service to other customers, regardless of the amount of disk space, bandwidth or other resources included in the user's plan. You agree that such usage shall not exceed the amounts set by Bravenet for the Products and Services purchased (the "Agreed Usage") and is additionally subject to normal usage guidelines established by Bravenet as in effect from time to time. These allotments are optimized and dedicated towards serving the Content and user's active electronic mail services related solely to user's web hosting account(s) with Bravenet.

    Hosting space is intended for normal use only, and is limited to web files, active e-mail and content of the hosted Web sites, not for storage (whether of media, e-mails, personal files or other data without limitation). You are responsible for removing any files, e-mails or other data which do not meet these requirements, and for adhering to any usage requirements or limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials (including without limitation files and e-mails), and/or in discontinuation of your services or account, which actions we may take in our sole discretion.

    Bravenet will monitor your use of bandwidth, disk usage and other resources. Bravenet, in its sole discretion, shall have the right to take any corrective action if your utilization of bandwidth, disk usage or other resources exceeds the Agreed Usage, normal usage, or is used for other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Products and Services, removal or deletion of your web site, Content, electronic mail and e-mail services and/or other materials and services or termination of your account and of this Agreement, which actions may be taken in Bravenet's sole and absolute discretion. If Bravenet takes any such corrective action under this section, you shall not be entitled to a refund or credit of any fees paid prior to such action.

    For greater certainty, you may only use your Bravenet account to create web sites for your own personal use, or for a single business. If you wish to create web sites for more than one business, or individual, each business or individual must have a separate account.

    You agree to comply with all applicable laws, rules and regulations regarding your Web site, user Content and/or your electronic mail services, including use of bandwidth, disk usage and other resources and will use such services and resources only for lawful purposes.

    You are responsible for complying with any usage requirements or limits for bandwidth, disk space or other resources, and monitoring such usage to ensure your web site does not violate such requirements or exceed any such limits allocated for the account(s) and otherwise complies with this Agreement.


  21. 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; credit card numbers; 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. For greater certainty, you are prohibited from using the Services to collect and/or store credit card information and similar data from third parties.


  22. 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.


  23. 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 Products and Services, termination of this Agreement, as well as the deletion of any Content, 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.


  24. Icons.

    Open source, Creative Commons and Public Domain icons courtesy of famfamfam.com, FatCow and Tango.


  25. Webmail.

    Roundcube Webmail is released under the GNU General Public License version 3 or any later version with exceptions for skins and plugins. More details about licensing and the exceptions for skins and plug-ins.


  26. 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 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.


  27. 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.


  28. Refund Policies

    Domain Registration Payments:
    We do not provide refunds for Domain Registrations, since Domains cannot be unregistered. Domain transfer fees are non-refundable.

    Website Templates Gallery:
    The Templates contained in the Website Templates 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:
    One month 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.

    Three month hosting package payments are fully refundable up to 14 days from the date of purchase. Notify us in writing, and include a copy of your purchase receipt, within 14 days of the date of purchase and we will provide a full refund of your payment, if applicable.

    One, two, five and ten year 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 template gallery will receive a partial refund, as the normal purchase price of template usage will be applied against any outstanding amount(s).

    Professional Tools and Services:
    Monthly Professional 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 Professional 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.

    UNDER NO CIRCUMSTANCES WILL BRAVENET BE RESPONSIBLE FOR ANY CHARGES (INCLUDING NSF CHARGES) YOU INCUR AS A RESULT OF ERRONEOUS CHARGES, AGAINST YOUR CREDIT CARD OR PAYPAL ACCOUNT, OR AS A RESULT OF YOUR FAILING TO CANCEL YOUR ACCOUNT AND/OR AUTOMATIC PAYMENTS IN A TIMELY FASHION.

    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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