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"UNLIMITED" USAGE
POLICIES AND DEFINITIONS
What "Unlimited" means
BriteDog Website Services does not set
an arbitrary limit or cap on the amount of resources a single
Subscriber can use. In good faith and subject to these Terms,
BriteDog Website Services makes every commercially reasonable effort to provide
its Subscribers with all the storage and bandwidth resources needed
to power their web sites successfully, as long as the Subscriber's
use of the service complies with these Terms. By not setting limits
on key resources, we are able to provide simple, consistent pricing
to our Subscribers as they grow their websites. As a result, a
typical website may experience periods of great popularity and
resulting increased storage without experiencing any associated
increase in hosting charges.
What "Unlimited" DOES
NOT mean
BriteDog Website Services employs
complex mechanisms to protect its Subscribers and systems from
abuse. BriteDog Website Services's offering of "unlimited" services
is not intended to allow the actions of a single or few Subscribers
to unfairly or adversely impact the experience of other Subscribers.
BriteDog Website Services's service is a shared
hosting service, which means that multiple Subscriber web sites
are hosted from the same server and share server resources. BriteDog Website Services's
service is designed to meet the typical needs of small business
and home business website Subscribers in the United States. It
is NOT intended to support the sustained demand of large enterprises,
internationally based businesses, or non-typical applications
better suited to a dedicated server.
BriteDog Website Services will make every commercially
reasonable effort to provide additional resources to Subscribers
who are using their website(s) consistent with these Terms, including
moving Subscribers to newer and bigger shared servers as necessary.
However, in order to ensure a consistent and quality experience
for all Subscribers, BriteDog Website Services does place automated safeguards
to protect against any one site growing too quickly and adversely
impacting the system until BriteDog Website Services can evaluate said sites
resource needs.
Unlimited Hosting Space; excessive MySQL files.
BriteDog Website Services
does not set arbitrary limits on the amount of disk space a Subscriber
can use for the Subscriber's website, nor does BriteDog Website Services charge
additional fees based on an increased amount of storage used,
provided the Subscriber's use of storage complies with these Terms.
Please note, however, that the BriteDog Website Services service is designed
to host websites. BriteDog Website Services does NOT provide unlimited space
for online storage, backups, or archiving of electronic files,
documents, log files, etc., and any such prohibited use of the
Services will result in the termination of Subscriber's account,
with or without notice. Accounts with a large number of files
(inode count in excess of 200,000) can have an adverse affect
on server performance. Similarly, accounts with an excessive number
of MySQL/PostgreSQL tables (i.e., in excess of 1000 database tables)
or of database size (i.e., in excess of 3GB total MySQL/PostgreSQL
usage or 2GB MySQL/PostgreSQL usage in a single database) negatively
affect the performance of the server. BriteDog Website Services may request
that the number of files/inodes, database tables, or total database
usage be reduced to ensure proper performance or may terminate
the Subscriber's account, with or without notice.
Unlimited File Transfer
BriteDog Website Services does not set arbitrary
limits on the amount of visitor traffic a web site can receive
or on the amount of content a Subscriber can upload to his/her/its
website in a given month, nor does BriteDog Website Services charge additional
fees based on increased use of bandwidth, as long as the Subscriber's
use of the Services complies with these Terms. In most cases,
a Subscriber's web site will be able to support as much traffic
as the Subscriber can legitimately acquire. However, BriteDog Website Services
reserves the right to limit processor time, bandwidth, processes,
or memory in cases where it is necessary to prevent negatively
impacting other Subscribers.
Unlimited Domain Hosting
BriteDog Website Services does not set arbitrary
limits on the number of domain names a Subscriber can associate
with the Subscriber's web hosting account.
What
do "free disk
space, data transfer, and email storage" mean?
It's pretty straightforward: Customers
who use BriteDog Website Services can obtain free disk space, data transfer, and email
storage if they use their services consistently with these paragraphs.
What is appropriate usage?
BriteDog Website Services is designed to
serve the web hosting needs of small, independently owned and operated
businesses in a single country. It is not appropriate to use our services
to support large enterprises or internationally based businesses with
a sustained demand that places undue burden
on our systems or negatively impacts use by small, independently owned
and operated businesses.
BriteDog Website Services is a shared web
hosting service, which means that a number of customers' web sites
and other email or storage services are hosted from the same server.
BriteDog Website Services uses abuse controls to help ensure that use
of our services does not adversely affect the performance of our system
or other customers' sites. It is not appropriate to use an account
primarily as an online storage space or for archiving electronic files.
Disk space:
If you use your services consistently with
the Terms of Service and these paragraphs, your site can grow as large
as necessary to meet your small business needs, but to ensure a great
experience for all, we will place some constraints on how fast you
can grow. The vast majority of our customers' sites grow at rates
well within our rules, but our abuse controls may cause a brief delay
while we evaluate if expansion is appropriate.
Data transfer:
In most cases, if you use our services
consistently with the Terms of Service and these paragraphs, visitors
to your web site will be able to download and view as much content
from your site as they like. However, in certain circumstances, our
server processing power, server memory, or abuse controls could limit
downloads from your site.
You can also upload as much as content as
you like each month, subject only to the Terms of Service and the
rules that control how fast your site can grow (see above).
Email storage:
You do not have to worry about hitting
a storage limit if you use our services
consistently with the Terms of Service and these paragraphs. BriteDog
Website Services will increase your space along with your appropriate
small business needs, but our abuse controls may impact the rate of
growth or your folder size, and there may be a short delay while we
assess your usage. In some cases, creating additional folders or sub-folders
will help ensure that the system works well for everyone.
ACCEPTABLE USE POLICY & TERMS OF SERVICE
The following is the entire Acceptable
User Policy ("AUP") agreement between BriteDog Website Services ("MYCOMPANY")
and the personal or corporate account holder ("YOU/YOUR/Customer").
 BriteDog Website Services provides World
Wide Web Hosting, Marketing, and Development.
BriteDog Website Services has certain legal and ethical responsibilities consisting
with the use of its servers and equipment involved in these services.
BriteDog Website Services general policy is to act as a provider of Internet presence.
BriteDog Website Services reserves the rights
to suspend or cancel a customer's access
to any or all services provided by BriteDog
Website Services when we decide that the
account has been inappropriately used.
SERVER ABUSE
Any attempt to undermine or cause harm
to a server or customer of BriteDog Website
Services is strictly prohibited.
BriteDog
Website Services will strongly react to
any use or attempted use of an Internet
account or computer without the owner's
authorization. Such attempts include "Internet
scamming" (tricking other people into releasing their passwords),
password theft, security hole scanning,
etc.
Any unauthorized use of accounts or
computers by YOU, whether or not the attacked
account or computer belongs to BriteDog
Website Services, will result in action
against YOU. Possible actions include warnings,
account suspension or cancellation, as
well as civil or criminal legal action,
depending on the seriousness of the attack.
IMPORTANT NOTE - BriteDog Website Services has the right
to discontinue service, or deny access to anyone who violates our
policies or the terms and conditions shown below WITHOUT WARNING or
PRIOR NOTICE. No refunds of fees paid will be made if account termination
is due to violation of the terms outlined below.
YOU may not run IRC,
bots or clients on shared servers. Unacceptable uses also include,
but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup
spamming, pornographic content, illegal content, copyright infringement,
trademark infringement, warez sites (including links to/from), cracks,
software serial numbers, proxy-relaying, link farming (the act of
or by use of scripts), link grinding, link-only sites, spamdexing,
FFA (Free-For-All) and/or anything else determined by BriteDog Website
Services to be unacceptable use of our services including abuse of
server resources.
WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS - All
web applications that are out-of-date and actively being exploited
will be shut down immediately without prior notice. YOU are responsible
for and should evaluate YOUR web-based applications and scripts on
a regular basis to ensure their security and orderliness.
Shared hosting accounts may also be terminated
if it includes the following content or have links to the following
content: Providing material that is grossly offensive to the Web community
including blatant expressions of bigotry, racism, hatred, or profanity;
promoting or providing instructional information about illegal activities;
promoting physical harm or injury against any group or individual;
displaying material containing obscene nudity or pornographic material
(not applicable to managed dedicated servers); displaying material
that exploits children under 18-years of age; acts of copyright infringement
including offering pirated computer programs or links to such programs;
information used to circumvent manufacturer-installed copy-protect
devices, including serial or registration numbers for software programs,
or any type of cracker utilities.
STORAGE SPACE ABUSE
BriteDog Website Services will not tolerate
any form of storage space abuse. At least
90% of YOUR web pages ("HTML")
must be 'linked' with files (GIF, JPEG,
etc.) stored on BriteDog Website Services
servers. Website that are found to contain
either/or no HTML documents, a large number
of unlinked files are subject to files deletion
or account cancellation at the discretion
of BriteDog Website Services Management
("MANAGEMENT"),
with or without prior notice. Failure
to abide to our storage space policy will
result in your account being billed for
the overages at $3.00/10GB/month.
YOU will have 3 days to pay for your overages. Failure to do so will
result in YOUR website being disabled within 3 days of YOUR first notice.
This does not apply to co-location clients. Co-location clients will
be billed for the overages based on switch reports. Co-location clients
must pay for the overages IMMEDIATELY once
billing or BriteDog Website Services has the sole decision to deactivate
any and all servers.
BriteDog Website Services will be the sole arbiter
as to what constitutes a violation of this provision.
BANDWIDTH ABUSE
The intention of BriteDog Website Services
is to provide a large bandwidth to transfer
web documents, and not an offsite storage
area for electronic files. If YOU violate
this condition, YOU will be notified and
given 48 hours to remedy the problem. Failure
to do so will result in your account being
billed for the overages at $2.00/50GB/month.
YOU will have 3 days to pay for your overages.
Failure to do so will result in YOUR website
being disabled within 3 days of YOUR first
notice. This does not apply to co-location
clients. Co-location clients will be billed
for the overages based on switch reports.
Co-location clients must pay for the overages
IMMEDIATELY once billing or BriteDog Website
Services has the sole decision to deactivate
any and all servers.
BriteDog Website Services
will be the sole arbiter as to what constitutes
a violation of this provision.
UNSOLICITED EMAIL & SPAMMING
Unsolicited commercial advertisements ("SPAM") are not allowed
in e-mail, and will likely result in account
cancellation
BriteDog Website Services
takes a zero-tolerance approach to SPAM originating from its servers
or for spam advertising of domains hosted within our network. If found,
we will charge YOU up to $25 per unsolicited email message sent and
delete YOUR account with any prior notice.
The following activities
are not allowed: SPAM, which includes,
but is not limited to, bulk mailing of
commercial advertising, informational announcements,
charity requests, petitions for signatures,
and political or religious tracts (such
messages may only be sent to those who
have explicitly requested it from your
domain); Forging, altering or removing
electronic mail headers - any domain sending
stealth spam will be terminated without
warning and without refund. Sending numerous
copies of the same or substantially similar
message with the intent to disrupt a server
or account ("mail bombing"); Spamming Newsgroups: Commercial
advertisements are unwelcome in most Usenet
discussion groups and on most e-mail mailing lists. Inappropriate
posting may result in account cancellation See the newsgroup or mailing
list's charter for whether advertising is allowed or not. Sending
a message to many different off-topic newsgroups, is particularly
unethical and will be treated as such; Mail may not be used to harass
or intimidate others. Harassment, whether through language, frequency
of messages, or size of messages, is prohibited. Sending a single
unwelcome message may be considered harassment. If a recipient asks
to stop receiving e-mail, YOU must not send that person any further
messages.
NOTE - If YOU use the services
of another provider to promote a website hosted by or through BriteDog Website Services
("spamvertising"), then the provisions of the above policy
shall apply as if the SPAM were sent through our servers.
99.99% UPTIME GUARANTEE
(1.) COVERAGE - This 99.99% uptime guarantee
applies to any Customer in good financial standing with BriteDog Website Services
at the time of a service outage.
(2.) SERVICE LEVEL AGREEMENT ("SLA") & SPECIFICATIONS
- BriteDog Website Services endeavors to have the content of YOUR website available
for http access by any party in the world 99.99% of the time. Network
downtime ("unavailability") is defined as 100% packet loss
from BriteDog Website Services to its backbone providers. Downtime is measured past
10 minutes after notification of network failure via BriteDog Website Services's online
ticketing system. If the ticketing system itself is unreachable, the
ticket must be started by calling the BriteDog Website Services NOC.
BriteDog Website Services's administrators
will determine the end of the downtime by
a traceroute to YOUR machine from outside
the BriteDog Website Services network.
(3.) SHARED HOSTING CREDITS - In the event
that YOUR website is unavailable for less
than 100%, BriteDog Website Services will credit the following month's
service fee as follows. YOUR credit shall be retroactive and measured
in 24 hours a day of a calendar month, with the maximum credit not
exceeding 50% of the monthly service charge for the affected month.
Monthly Uptime Credit:
95% to 99.9% - YOUR account will be
credited 10% of your monthly hosting fee
90% to 94.9% - YOUR account will be credited
20% of your monthly hosting fee
89.9% or below - YOUR account will be
credited 50% of your monthly hosting fee
(3a.) MANAGE DEDICATED SERVERS
- For managed dedicated server Customers,
if the uptime is between 98.9% and 99.9%
for any particular month, credit shall be retroactive and equivalent
to the difference between the guaranteed level of availability of
the Customer's services during the month and the calculated actual
level of availability of the Customer's services, multiplied by the
actual charges incurred by YOU for the services during that monthly
period. In addition, for managed dedicated servers, YOU may be entitled
to additional credits as calculated below measured 24-hours a day
in a calendar month, with the maximum credit not to exceeding 25%
of the monthly service charge for the affected month.
In order for
YOU to receive a credit on YOUR account,
YOU must request such credit within seven (7) days after YOU experienced
the downtime. You must request credit by sending an e-mail message
to support@britedog.com. For security, the body
of this message must contain YOUR account number, the dates and times
of the unavailability of YOUR website, and such other customer identification
requested by BriteDog Website Services. Credits will usually be applied
within sixty (60) days of YOUR credit request. Credit to YOUR account
shall be YOUR sole and exclusive remedy in the event of an outage.
(4.) RESTRICTIONS - Credit shall not be provided
to YOU in the event that you have any outage resulting from:
scheduled maintenance as posted from
time to time at BriteDog Website Services,
your behavior or the performance or failure
of your equipment, facilities or applications,
circumstances beyond BriteDog Website Services's reasonable
control, including, without limitation, acts of any governmental body,
war, insurrection, sabotage, embargo, fire, flood, strike or other
labor disturbance, interruption of or delay in transportation, unavailability
of interruption or delay in telecommunications or third party services,
including DNS propagation, domain name registration/transfer, failure
of third party software or hardware or inability to obtain raw materials,
supplies, or power used in or equipment needed for provision of your
web site,
YOU breaking any agreement policy in
BriteDog Website Services's "Terms & Conditions and AUP" causing a machine
to fail as a result.
TECHNICAL SUPPORT BOUNDARIES
BriteDog Website Services provides technical support for
YOU that encompasses within our area of expertise only. Such expertise
includes assistance, troubleshooting, and debugging of our cPanel
control panel interface, servers within our immediate responsibility
and any other hosting related issues.
However, under no circumstances
is BriteDog Website Services neither obligated
to help YOU in the installations of new
application modules, templates and/or programming
languages, nor in providing assistance
for any errors produced by any applications
that have been modified by YOU previously.
We will only provide assistance in making
sure any Quick Install or Fantastico applications
that are installed through the cPanel control
panel interface are installed as directed.
CGI SCRIPTS
Each shared web hosting account comes with
its own CGI-BIN. YOU are free to use any CGI scripts YOU wish, however
we reserve the rights to disable any CGI script that effects normal
shared server operation without prior notice. (this section does not
apply to managed dedicated servers)
CHAT ROOMS
We do not allow YOU to install YOUR own
chat rooms within a shared hosting account, without approving it with
BriteDog Website Services. This includes, but not limited to, chat applications written
in PHP, Perl, CGI, Python, Ruby, etc. Any web application that provides
'real-time' chat is also not permitted. Most chat rooms tend to be
large system hogs and we cannot allow it as an account option. However,
web based forums such as vBulletin, phpBB or similar forum scripts
are acceptable.
FILE SERVER
BriteDog Website Services installed and provides special
file-servers in our network infrastructure for YOUR benefit as a means
of storage for electronic files and applications that are not dynamically
generated and is downloadable in nature. Files such as MP3, AVI, MID,
MIDI, MPG, MPEG, MOV, ZIP, RAR, EXE and anything else we deemed as
downloadable and not dynamically generated scripting languages are
to be stored within these file-servers, away from the web-servers.
This Policy does not apply for image files formats such as JPG, JPEG,
GIF, PNG, and BMP.
In addition, all electronic files stored within
BriteDog Website Services's file-servers must be legally-owned and be accompanied
with a valid license and/or copyright. This include and is not limiting
to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover
any unlicensed and/or illegal files within YOUR account, the files
will be subjected to deletion without any further notifications.
File-servers will not be backed up. YOU are advised to have YOUR own backup locally
or elsewhere other than within the BriteDog Website Services's
servers. If YOU are found to not adhere to this Policy, the offending
material(s) will be deleted from YOUR hosting account without any
prior notice.
This service is only available for BriteDog Website Services's SHARED-HOSTING
customers.
SMTP MAIL SERVER ABUSE
We do not allow YOU to send outbound mail
to more than 20 recipients at any one given
time and/or more than 1,000 pieces of e-mail per day from a shared
hosting account with a maximum file size of 20MB per email message.
If YOU violate BriteDog Website Services policies persistently in
email activities, YOUR account will be suspended and deleted.
BACKGROUND RUNNING PROGRAMS
We may allow programs to run continually
in the background. These are considered on a one-to-one basis and
an extra charge will be incurred based on system resources used and
operational maintenance needed. (This section does not apply to managed
dedicated servers).
IRC
We currently do not allow IRC or IRC bots
to be operated on our servers. IRC servers are not permitted on our
network. YOU can however, install IRC clients on managed dedicated
servers. The installation and/or execution of a script and/or binary
that runs in the background or listens to any given port are also
strictly prohibited.
PAYMENT POLICIES
All accounts are set up on a pre-pay basis.
Setup fees are charged for all new accounts as well as major account
changes and are non-refundable. All pricing is guaranteed for the
term of pre-payment. BriteDog Website Services reserves the right to change prices
at any time, unless other terms have been agreed upon. Any account
not brought current within a week (7 days) of e-mail notice or exceeding
this time frame in any way is subject to suspension. YOU are responsible
for all fees owed on the account from the time it was established
to the time that YOU notifies BriteDog Website Services to request for termination
of services. All payment is in U.S. currency. BriteDog Website Services will bill
each client $50 per returned check, per wire transfer received and
per credit card chargeback received. All BriteDog Website Services accounts are setup
on anniversary billing cycles. YOUR particular billing cycle corresponds
to the contract length that was initially chosen at setup. YOUR account
will automatically renew at this length. There is no fee to change
to a shorter billing cycle at the end of the current cycle. However,
if you wish to change to a shorter billing cycle during a current
cycle, there will be a $50.00 fee. Please contact the billing department
at billing@britedog.com should you wish to change your anniversary
billing cycle.
CANCELATION OF SERVICE
BriteDog Website Services reserves the
right to cancel a service at any time. All fees paid in advance of
cancellation will be pro-rated and paid by BriteDog Website Services
if we institutes our right of cancellation Any violation of policies
which results in extra costs billed to YOU (i.e. transfer, space etc.).
All of BriteDog Website Services's PLANS are backed by
a 30-day money back guarantee. If YOU are not completely satisfied
with our services or support within the first 30 days of YOUR contract,
YOU will be given a full refund of the contract amount excluding setup
fees, domain registration fees, add-on/upgrade fees and overages.
Setup fees are refundable only if the account order is canceled prior
to account activation.
If YOU cancel, the full contract amount less
any setup fees and overages will be refunded if BriteDog Website Services is notified
within the first 30 days following activation. This policy does not
apply to any additional services such as overages, referrer logs,
real audio/video, additional disk space, additional pop accounts,
domain registration fees, etc. For credit card payment, refunds will
be made to a PayPal account made available by the Customer after the
120th day. Refund policy will not be made available to Customers using
wire transfers.
All account cancellations must be done
via our cancellation form at YOUR hosting
account control panel. Phone or email requests
will not constitute acceptance of any cancellation
PROMOTIONAL RATES & SPECIAL OFFERS
BriteDog Website Services may offer subsequent promotional
rates or special offers, the terms of which may or may not be more
favorable than the terms and conditions for YOUR Services. Any such
promotions or modifications shall not affect YOUR obligations under
this Agreement. Promotional fees may be subject to additional terms
and conditions which, to the extent they conflict with the terms of
this Agreement, shall govern. Different promotional fees and special
offers may not be combined together.
INTELLECTUAL PROPERTY RIGHTS
Material accessible to you through BriteDog Website Services's
services may be subject to protection under the United States or other
copyright laws, or laws protecting trademarks, trade secrets and proprietary
information. Except when expressly permitted by the owner of such
rights, YOU must not use BriteDog Website Services or its servers and network in a
manner that would infringe, violate, dilute or misappropriate any
such rights, with respect to any material that you access or receive
through the BriteDog Website Services network. If YOU use a domain name in connection
with BriteDog Website Services or similar service, YOU must not use that domain name
in violation of any trademark, service mark, or similar rights of
any third party.
NETWORK SECURITY
Customers may not use the BriteDog Website Services network
with an attempt to circumvent user authentication or security of any
host, network, or account. This includes, but is not limited to, accessing
data not intended for YOU, logging into a server or account YOU are
not expressly authorized to access, password cracking, probing the
security of other networks in search of weakness, or violation of
any other organization's security policy. YOU may not attempt to interfere
or deny service to any user, host, or network. This includes, but
is not limited to, flooding, mail bombing, or other deliberate attempts
to overload or crash a host or network. BriteDog Website Services will cooperate fully
with investigations for violations of systems or network security
at other sites, including cooperating with law enforcement authorities
in the investigation of suspected criminal violations. Users who violate
system or network security may incur criminal or civil liability.
ELECTRONIC COMMERCE
YOU will be solely responsible for the
development, operation and maintenance of YOUR online store and products
along with all content and materials appearing online or on YOUR products,
including without limitation:
(a.) the accuracy and appropriateness
of content and materials appearing within the store or related to
YOUR products,
(b.) ensuring that the content and materials appearing
within the store or related to YOUR products do not violate or infringe
upon the rights of any third party, and
(c.) ensuring that the content
and materials appearing within the store or related to YOUR products
are not libelous or otherwise illegal. YOU will be solely responsible
for the final calculation and application of shipping and sales tax.
YOU will also be solely responsible for accepting, processing, and
filling any customer orders, and for handling any customer inquiries
or complaints arising there from.
YOU are also responsible for the
security of any customer credit card numbers and related customer
information YOU may access as a result of conducting electronic commerce
transactions through YOUR website. YOU will keep all such information
confidential and will use the same degree of care and security as
YOU use with your confidential information.
STATIC & DYNAMIC CONTENT CACHING
YOU expressly
(i) grant to BriteDog Website Services a
license to cache the entirety of YOUR website, including content supplied
by third parties, hosted by BriteDog Website Services under this Agreement and
(ii) agree that such caching is not an
infringement of any of YOUR intellectual property rights or any third
party's intellectual property rights.
IP ADDRESS OWNERSHIP
BriteDog Website Services shall maintain and control ownership
of all IP numbers and addresses that may be assigned to YOU by BriteDog Website Services.
BriteDog Website Services reserves, in its sole discretion, the right to change or
remove any and all such IP numbers and addresses.
DOMAIN NAME REGISTRATION
YOU agree to pay BriteDog Website Services prior to the
effectiveness of the desired domain name registration, the then-current
amount set forth in the BriteDog Website Services price schedule for the initial registration
of the domain name and, should YOU choose to renew the registration,
subsequent renewals of the registration. All fees are non-refundable,
in whole or in part, even if YOUR domain name registration is suspended,
canceled or transferred prior to the end of YOUR then current registration
term. BriteDog Website Services reserves the right to change fees, surcharges, renewal
fees or to institute new fees at any time, for any reason, at its
sole discretion. YOUR requested domain name will not be registered
unless and until we receive actual payment of the registration fee,
and have confirmed YOUR registration in an email from BriteDog Website Services to
the email address indicated in YOUR registration application. In the
event of a chargeback by a credit card company (or similar action
by another payment provider allowed by BriteDog Website Services) in connection with
the payments of the registration fee for YOUR domain name registration,
YOU agrees and acknowledges that the domain name registration shall
be transferred to BriteDog Website Services as the paying entity for that registration
to the registry and that we reserve all rights regarding such domain
name including, without limitation, the right to make the domain name
available to other parties for purchase. BriteDog Website Services will reinstate
YOUR domain name registration solely at BriteDog Website Services discretion, and
subject to our receipt of the initial registration or renewal fee
and our then-current reinstatement fee.
Transfer domain registrar
to BriteDog Website Services
YOU agrees to pay BriteDog Website Services prior to the effectiveness
of the desired domain name transfer request, the then-current amount
set forth in the BriteDog Website Services price schedule for the initial transfer
request of the domain name. YOU agree and acknowledge that the domain
name transfer will fail, and all fees are non-refundable, for the
following reasons, but not limited to:
No response from the Registered Name
Holder or Administrative Contact
Domain
name in Registrar Lock Status
Domain name registration period time
expires or other constraints, other than during the first 60 days
of initial registration or during the first 60 days after a registrar
transfer
BriteDog Website Services reserves the right to change fees, surcharges,
renewal fees or to institute new fees at any time, for any reason,
at its sole discretion.
YOUR requested domain name will not be
registered unless and until we receive
actual payment of the registration fee, and have confirmed YOUR registration
in an email from BriteDog Website Services to the email address indicated in YOUR
registration application. In the event of a chargeback by a credit
card company (or similar action by another payment provider allowed
by BriteDog Website Services) in connection with the payments of the registration
fee for YOUR domain name registration, YOU agrees and acknowledges
that the domain name registration shall be transferred to BriteDog Website Services
as the paying entity for that registration to the registry and that
we reserve all rights regarding such domain name including, without
limitation, the right to make the domain name available to other parties
for purchase. BriteDog Website Services will reinstate YOUR domain name registration
solely at BriteDog Website Services discretion, and subject to our receipt of the
initial registration or renewal fee and our then-current reinstatement
fee.
Transfer domain registrar away from BriteDog
Website Services
BriteDog Website Services
reserves all rights, without limitation,
to reject the domain name transfer request
for the following reasons, but not limited
to:
No response from the Registered Name
Holder or Administrative Contact
Domain name in Registrar Lock Status
and there is no request from Registered Name Holder or Administrative
Contact for the status change
Domain name registration period time
will be expiring in less than 60 days or other constraints, other
than during the first 60 days of initial registration or during the
first 60 days after a registrar transfer
YOU agree and acknowledge
that the failure or success of a domain name transfer will be his/her
sole responsibility, and BriteDog Website Services will not be held liable for the
failure of a domain name transfer for any reason.
LAWFUL PURPOSE
BriteDog Website Services reserves the right to refuse
service to anyone. YOU may only use BriteDog Website Services server for lawful purposes
and our services may not be used for illegal purposes or in support
of illegal activities. We reserve the right to cooperate with legal
authorities and/or injured third parties in the investigation of any
suspected crime or civil wrongdoing. If anything is not legal in the
United States of America, it is not permitted to reside on our servers.
Transmission, distribution or storage of any material in violation
of any applicable law or regulation is prohibited. This includes but
not limiting material protected by copyright, trademark, trade secret
or other intellectual property right used without proper authorization,
and material that is obscene, defamatory, constitutes an illegal threat,
or violates export control laws. Examples of non-acceptable content
or links: "Pirated Warez", OGG, AVI, MPEG, ISO, "Hacker
programs or archives", "Copyrighted Digital Movie Copies
(DIVX)" and "Unlicensed MP3". The designation of any
materials as such described above is left entirely to the discretion
of BriteDog Website Services management.
If illegal content or usage is found, the
account will be suspended and/or terminated. YOU agree that BriteDog Website Services
may disclose any and all YOUR information including assigned IP numbers,
account history, account use, etc. to any law enforcement agent who
makes a written request without further consent or notification.
Regardless
of the place of signing this agreement,
YOU agree that for purposes of venue this
contract is entered in Berks
County, Pennsylvania, and any dispute will
be litigated or arbitrated in Berks
County, Pennsylvania. Defendants further
waive all objections to venue and acknowledge
that venue in any such litigation will
be held in Fremont courts. IN NO EVENT
SHALL BriteDog Website Services'S MAXIMUM
LIABILITY EXCEED FIVE HUNDRED ($500.00)
DOLLARS.
INDEMNIFICATION
YOU AGREE THAT IT SHALL DEFEND, INDEMNIFY,
SAVE AND HOLD BriteDog Website Services
HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES,
LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE
ATTORNEY'S FEES ASSERTED AGAINST BRITEDOG
WEBSITE SERVICES, ITS AGENTS, ITS CUSTOMERS,
OFFICERS AND EMPLOYEES, THAT MAY ARISE
OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED
OR ANY PRODUCT SOLD BY YOU, YOUR AGENTS, EMPLOYEES OR ASSIGNS. YOU
AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS BriteDog Website Services
AGAINST LIABILITIES ARISING OUT OF:
(1) ANY INJURY TO PERSON OR PROPERTY
CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE
DISTRIBUTED IN CONNECTION WITH BRITEDOG
WEBSITE SERVICES SERVER.
(2) ANY MATERIAL SUPPLIED BY THE CUSTOMER
INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A
THIRD PARTY
(3) COPYRIGHT INFRINGEMENT AND
(4) ANY DEFECTIVE PRODUCTS
SOLD TO CUSTOMER FROM BRITEDOG WEBSITE
SERVICES SERVER.
DISCLAIMER
BriteDog Website Services WILL NOT BE RESPONSIBLE
FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER.
BriteDog Website Services MAKES NO WARRANTIES
OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES
WE PROVIDE. BriteDog Website Services DISCLAIMS
ANY WARRANTY OR MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. THIS INCLUDES
LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES,
WRONG DELIVERY, AND ANY AND ALL SERVICE
INTERRUPTIONS CAUSED BY BRITEDOG WEBSITE
SERVICES AND ITS EMPLOYEES. BriteDog Website Services RESERVES THE
RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS
AND DEDICATED SERVERS OF BriteDog Website Services MUST ADHERE TO
THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE
GROUNDS FOR IMMEDIATE ACCOUNT CANCELATION.
PRIVACY STATEMENT
BriteDog Website Services follows the strict guidelines
of our customer privacy statement. Please make sure you understand
this statement fully.
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