Terms Of Service/Acceptable Use Policy

Brico Web Designs Hosting Division (hereafter Brico Hosting) reserves the right to change this policy without notice. Brico Hosting recommends you read this TOS/AUP often for any changes which may have occurred. Brico Hosting will not tolerate any unlawful activity or abuse on our servers. We respect our customers' freedom of speech and expression, up to the point where it becomes harmful to others. Therefore, the following terms of service are imposed to protect you, other Brico Hosting customers and us against such harm.

Payments, Fees, Refunds, and Terms of Agreement:

Payment is made through PayPal subscriptions. No bills or invoices will be sent by postal mail or fax. Billing will continue until you cancel your hosting account. Be sure to cancel the subscription with PayPal when you cancel your account with us. Failure to cancel the subscription will result in PayPal continuing to bill your account even after cancellation of your hosting. Refunds WILL NOT be made if over-payment is the fault of the customer. You may cancel at anytime. Any account deactivated or cancelled for any reason will be charged a $50 re-activation fee. This $50 fee is incurred when accounts are cancelled due to late payment, cancelled by you and then re-instated, or due to any violation of the terms of service agreement.

30 MONEY BACK GUARANTEE:

IF AN ACCOUNT IS CANCELLED WITHIN 30 DAYS OF REGISTRATION, A REFUND MAY BE REQUESTED. REFUND REQUESTS MUST BE SENT TO sales@bricowebs.com. REFUNDS ARE ONLY PROVIDED FOR WEB HOSTING PLANS, AND WILL NOT BE PROVIDED FOR ANY ADD-ONS OR DOMAIN REGISTRATIONS. ANY FEES CHARGED BY PAYPAL TO BRICO HOSTING WILL BE DEDUCTED FROM A REFUND THAT IS GRANTED. REFUNDS WILL NOT BE GIVEN UNLESS THE NET AMOUNT IS AT LEAST $2.00. REFUNDS WILL NOT BE PROVIDED FOR ANY ACCOUNT THAT IS CANCELLED FOR VIOLATION OF ANY TERMS OF SERVICE. ALL REFUNDS ARE SUBJECT TO APPROVAL, AND MAY BE DENIED FOR ANY REASON DEEMED APPROPRIATE BY THE OWNER OF BRICO HOSTING, OR ANY MEMBER OF THE BRICO HOSTING STAFF. REFUND WILL BE DENIED IF BRICO HOSTING CANCELS THE ACCOUNT DUE TO A RESTRICTIONS VIOLATION. ADDITIONAL FEATURES MAY BE ADDED AT ANY TIME, HOWEVER MONTHLY FEATURE PRICES WILL NOT BE PRO-RATED. BRICO HOSTING RESERVES THE RIGHT TO CHANGE PRICES AT ANY TIME.

Account Cancellation:

You may cancel at anytime. To cancel your account, please contact Customer Service at support@bricowebs.com. Phone requests will not be accepted as cancellation. Notification of cancellation must be received at least ten business days prior to your cycle date, with the cycle date being the day of the month you registered, in order to avoid charges in full for the next cycle. It is the customers responsibility to secure email confirmation from Brico Hosting. that account has been cancelled. If the customer has not yet received email confirmation of account cancellation, then the account remains active, and you will continue to be invoiced. If the customer has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not negate any outstanding financial obligations toward Brico Hosting.

Indemnification:

You agree to use all Brico Hosting services and facilities at your own risk. We reserve the right at any time to transfer data to and from any server without expressed consent from the customer for any reason. Brico Hosting specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Brico Hosting be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Brico Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney fees asserted against Brico Hosting, its agents, 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 the customer, its agents, employees or assigns. The customer agrees to defend, indemnify and hold harmless Brico Hosting against liabilities arising out of:

1. any injury to person or property caused by any products sold or otherwise distributed in connection with the Brico Hosting servers;
2. any material supplied by 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 a Brico Hosting server.

SPAM:

Brico Hosting maintains a strictly enforced, zero-tolerance, anti-spamming policy. Under this policy, we prohibit spam, or any unsolicited commercial email, being sent over the Brico Hosting network, by customers or any other users of the Brico Hosting network (including customers' customers,) or over ANY network if the message sent advertises or mentions a site hosted on the Brico Hosting servers. We take violations seriously, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of usenet groups, posting obscene or threatening messages while using or referring to a Brico Hosting email address or website URL is prohibited. The use of Brico Hosting servers as a mail drop for responses to activities described above is also prohibited. Accounts cancelled due to spam will be billed a "clean up" fee of $500. If you have any complaints or comments regarding spam on our network, please direct them via email to brico@bricowebs.com.

Content:

All services provided by Brico Hosting may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any international, US federal or state law is prohibited. This includes, but is not limited to:

• copyrighted material, trademark, intellectual property,
• material we judge to be threatening or obscene,
• or material protected by trade secret and other statute without proper authorization.

While nude art is acceptible on Brico Hosting servers, pornography and sex-related merchandising is NOT. This includes sites that link to such material. Adult related pay-sites are completely forbidden on our servers.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to Brico Hosting servers or any other server on the internet. Links to such materials are also prohibited. Examples of unacceptable content or links include:

• Pirated software
• Hacker programs or archives
• Warez sites
• Illegal MP3's
• Child Pornography
• IRC customers
• Proxy Scripts
• Any copywritten material not belonging to the owner of the site in question, or for which written permission for its usage has not been obtained and which a copy of such written permission is not maintained by the owner of the website using such material
• Anything deemed harmful to the network

Email:

Brico Hosting may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. We consider mass email any email message sent to more than 1000 email addresses or more than 10 news groups.

CGI Scripts:

Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation or service to other Brico Hosting customers. You will be notified 24 hours prior to removal about offending cgi script.

Chat:

Brico Hosting allow chat rooms. We will However not monitor these chat rooms.

Traffic:

Brico Hosting allows for very generous traffic, and most sites never come close to the limits unless they offer shareware, sound, video, image and multimedia archives or are mirror sites or any site whose primary purpose is file distribution. Brico Hosting customers are discouraged from storing any files that may cause excessive traffic on Brico Hosting servers. Please contact Brico Hosting Technical Support team for more information. Again, most sites never reach our traffic limits.

We reserve the right to refuse service to anyone for any reason not prohibited by law. We also reserve the right to terminate service to any customer for any reason not prohibited by law. Any deliberate attempt to cause damage to Brico Hosting or any other internet servers will result in immediate account deactivation without prior notice and without refund.

Respectfully,
Your Brico Hosting Staff