Clients will be held responsible for any and all actions performed by their account whether done by the account holder or by others. If server security is compromised, the account holder is responsible for all violations of these Terms of Service (so called herein) and Bright Hosting’s Acceptable Use Policy (.AUP.), including SPAM, and all disconnect and reconnect fees associated with violations. Bright Hosting does not harden or enable additional server security software outside of operating system defaults. The following terms constitute an agreement between you and Bright Vessel LLC (“Bright Hosting”). These Terms of Service govern your use of the services provided by Bright Hosting (the “Services”). BY USING THE SERVICES YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF SERVICE, including that you agree to transact with us electronically, that you consent to the information practices disclosed in our AUP, and that you consent to resolve in Miami-Dade County, Florida any dispute that you may have with us, our suppliers, or the Services. Please note that we offer the Services “AS IS” and without warranties. These Terms of Service govern your relationship with us and our suppliers. We may change these Terms of Service at any time, as we deem appropriate. If we make changes that we believe will have a material impact on your use of the Services, we will let you know by sending you an email if we have a current email address for you, and by noting on our website that these Terms of Service has been updated. If you disagree with the changes to these Terms of Service, discontinue your use of the Services. Your ongoing use of any Services after the changes take effect signifies your agreement to the new terms. We encourage you to review these Terms of Service regularly.
A Bright Hosting concorda em fornecer serviços pagos antecipadamente pelo cliente, sujeito ao cumprimento integral do Contrato de Uso Apropriado (PUA) e destes Termos de Serviço. A Bright Hosting reserva-se o direito de recusar Serviços a qualquer cliente em potencial e/ou negar a renovação dos Serviços a qualquer cliente existente, a critério exclusivo da Bright Hosting.
Bright Hosting’s Terms of Service and AUP are both subject to change at any time and without notice at the sole discretion of Bright Hosting. A change in policy shall not be grounds for early contract termination or non-payment. The client recognizes that the nature of the service supplied and the initial rates and charges have been communicated to the client. The client is aware that from time to time rates may change based on the availability of hardware, overall market conditions, or other factors. Clients will be notified of any increases in rates or charges prior to the billing renewal date on which such increases will take effect.
Services interrupted for non-payment may be subject to a 10% late fee. Data stored on a client’s services will not be available to the client until reconnection is established or alternative arrangements are made to the sole satisfaction of Bright Hosting. Clients deactivated for non-payment or charge-back are subject to their data being destroyed ten (10) days from the suspension/charge-back date. Bright Hosting is not responsible for data integrity, regardless of circumstance. Bright Hosting strongly recommends keeping up-to-date and off-network backups to protect against data loss.
No Services rendered by Bright Hosting are eligible for a refund. Prepayments and account credit are ineligible to be refunded, or transferred to alternate accounts. Any and all charge disputes must be reported directly to Bright Hosting within thirty (30) days of the date on which the charge originally occurred. If a charge which is deemed valid by Bright Hosting, and validated by our Terms of Service or AUP, is disputed to a financial institution by performing a charge-back, then the client agrees to pay an ‘Administrative Fee’ of $200 in addition to the original amount of funds which were reclaimed.
Caso um serviço seja suspenso por falta de pagamento, ele estará sujeito à rescisão em até dez (10) dias a partir do momento da suspensão. A Bright Hosting não assume nenhuma responsabilidade pela integridade dos dados armazenados em um servidor suspenso.
Bright Hosting requires a thirty (30) days notice of cancellation prior to the billing renewal date for the upcoming billing cycle, submitted via the billing portal. A thirty (30) days notice before the upcoming billing date is also required for any downgrades. All client data will be destroyed immediately after the cancellation date. If the notice of cancellation is not provided within thirty (30) days, the server will still be canceled; however, a termination fee of $25 will be applied to the account and must be paid within 15 days to avoid full account suspension. Failure to provide notice and non-payment will immediately terminate any agreements with Bright Hosting, and services will cease effectively immediately.
In the event that fraud is discovered the fraudulent account, and all related accounts, are subject to immediate suspension or termination at the sole discretion of Bright Hosting. All information available to Bright Hosting about the fraudulent account/service shall be submitted to both local authorities, as well any financial institutions involved. All fraudulent orders are investigated, and all fraudulent clients will be prosecuted to the fullest extent of the law, whether within the United States or abroad.
WE PROVIDE THE SERVICES. AS IS., .WITH ALL FAULTS. AND .AS AVAILABLE.. WE AND OUR SUPPLIERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE AND OUR SUPPLIERS DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION GIVEN BY A BRIGHT VESSEL LLC REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change. You use the Services at your own risk. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR OUR SUPPLIERS IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL OUR, OUR AFFILIATES’ AND OUR SUPPLIERS’ AGGREGATE AND CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID DURING THE PERIOD DURING WHICH SUCH CLAIMS AROSE. WE, OUR AFFILIATES, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR AFILLIATES AND SUPPLIERS, SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. You agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorneys’ fees, which arise from your use or misuse of the Services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Bright Hosting provides hardware support related to each direct client’s service functioning. Bright Hosting does not offer software support of any kind. Bright Hosting does not provide software support/troubleshooting for the software items chosen from the order form. Bright Hosting only ensures the correct default installation of any software item chosen from the order form, and in no way assumes liability for the configuration of any of the installed software. Bright Hosting is not responsible for any downtime associated with the incorrect configuration of operating system kernels or any software, whether installed by Bright Hosting or the client. Bright Hosting may provide enhanced software support (including kernel configuration) for an additional fee. Please contact sales or support for enhanced support pricing. Each client is eligible for one (1) complimentary operating system (.OS.) reload per billing cycle; each additional OS reload is $35 per reload. Installation of an unsupported OS is subject to the prior approval of Bright Hosting and to a $35 fee. Bright Hosting does not provide any type of support to the clients of our clients (third party clients). Bright Hosting will only provide support directly to clients of Bright Hosting.
Bright Hosting reserves the right to deny mail delivery from any servers hosted on our network if they are believed to be involved in SPAM or SPIM activities. This includes spam support services such as DNS or spamvertised web sites. Our abuse department will locate abusive servers based on public blacklist monitors, abuse reporting from external networks, and other means. If our abuse department receives a report or otherwise becomes aware of abuse-related activities active on our network, we will identify the server the abuse was initially sent from (via IP and in some cases by domain) and create a ticket on behalf of the user who occupies the server with information regarding the abuse such as logs describing the abuse and an explanation of what abuse took place.
As seguintes ações serão tomadas caso a caso:
Servidores comprometidos emitiram notificações de abuso: se nosso departamento de abuso suspeitar que os relatórios de abuso associados ao servidor de um cliente são resultado do comprometimento da segurança do servidor, nosso departamento de abuso oferecerá as seguintes opções:
Comprometimentos habituais de segurança que resultam em tráfego abusivo transmitido ou recebido do servidor podem resultar no encerramento do serviço.
Se um cliente desejar contestar quaisquer denúncias de abuso ou qualquer multa aplicada em conexão com denúncias de abuso ou listas negras, o cliente deve fornecer à Bright Hosting uma explicação por meio do sistema de tickets da Bright Hosting dentro de 10 dias após a abertura do ticket de abuso.
A Bright Hosting trata com muita seriedade todas e quaisquer reclamações relacionadas à Lei de Direitos Autorais do Milênio Digital (.DMCA.) e investigará minuciosamente cada reclamação recebida. A Bright Hosting reserva-se o direito de buscar medidas cíveis para cobrir quaisquer custos associados à investigação de uma violação comprovada de política.
As seguintes ações serão tomadas caso a caso:
Clients agree to pay any and all bandwidth overage charges accrued on their account from the previous billing cycle. Bandwidth overage charges are billed per gigabyte at a rate of $0.25 (twenty-five cents) over the allotted bandwidth on the service. Bright Hosting reserves the right to suspend any account which does not pay bandwidth overage charges within 15 days. Bright Hosting is not responsible for spikes in bandwidth that are caused on a client’s service for any reason. The client assumes liability for all bandwidth to and from their services. If issued an expected to exceed bandwidth notification, clients are required to make payment arrangements within 24 hours of that notification to prevent possible service interruption until adequate arrangements are made. These arrangements may include being required to pro-actively upgrade bandwidth.
Clients agree to submit to identity verification measures, designed for both the security of the client as well as the security of Bright Hosting. The identity verification measures may include the faxing of two forms of government-issued identification to Bright Hosting, as well as a front and back copy of the credit card used for payment, as well as a copy of a utility bill with the billing address. In certain circumstances, additional identity verification may be required, in addition to the previously listed forms.
A Bright Hosting mantém todas as informações do cliente em sigilo e não divulgará publicamente que está prestando serviços ao cliente, a menos que receba permissão caso a caso. A Bright Hosting reserva-se o direito de usar citações de clientes para fins promocionais. Tais citações serão anônimas, a menos que o cliente concorde com a divulgação de seu nome.
Todas as comunicações da Bright Hosting e do cliente são estritamente confidenciais e destinadas apenas ao uso pretendido do destinatário. É proibida qualquer divulgação, uso ou cópia das informações por qualquer pessoa que não seja o destinatário pretendido, e você concorda em ser responsabilizado por danos caso viole este contrato, repasse as informações, publique-as ou permita que sejam publicadas online em fóruns ou locais públicos ou privados.
Your affirmative act of using the Services constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, Notices.). We can send you electronic Notices to the e-mail address that you provided to us during registration. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable Services. In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless, or broadband), and a Windows-based or a Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of this contract by clicking on the Terms of Service. link on any web page that hosts any of the Services. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
This contract and any supplemental terms, policies, rules, and guidelines posted on our website constitute the entire agreement between you and us and supersede all previous or contemporaneous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
You agree that the laws of the State of Florida govern this contract and any claim or dispute that you may have against us or our suppliers, without regard to the conflict of laws rules thereunder, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us or our suppliers will be resolved exclusively by a court located in Miami-Dade County, Florida. PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN MIAMI-DADE COUNTY, FLORIDA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US RELATING TO OR ARISING OUT OF THE SERVICES, THE SERVICE OR THE AGREEMENT; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN MIAMI-DADE COUNTY, FLORIDA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
