All Bravenet Web Tools and Site Builder websites are available in an ad supported free to use format. Your Bravenet account is free and will always remain free.
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:
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 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. 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. 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:
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Tips and Tricks
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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.
9. Exclusive Remedy.
Issues of exclusive remedy are adequately dealt with under limitation of liability and governing law.
10. 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.
11. 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.
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.
13. 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.
14. 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.
15. 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
16. 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.
17. 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.
18. 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.
19. 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.
20. Refund Policies.
Domain Registration Payments:
We do not provide refunds for Domain Registrations, since Domains cannot be unregistered. Domain transfer fees are non-refundable.
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.
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.
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 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:
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:
Please follow the rules... and enjoy Bravenet's Web Services!
21. 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.