Terms of Service

Terms of Service

Our terms of service are designed to be read by the average Joe, so please feel free to read this page and if you have any questions about what you see on this page, please feel free to contact us at support [at] BrainHost.com.

The Services We Provide

In exchange for the fees you pay in advance, we will host your website on one or more of our servers, so long as you abide by the terms and conditions that are set out on this page, and in any other agreements that relate to the services we may provide to you. We will provide the services according to the specifications listed for the hosting package you select during the signup process. For clarity, on this page, the term “services” refers to the web hosting services that we will provide to you and, if you are an Affiliate, the services we provide to you in connection with that program. The term “Brain Host” or “us” or “we” refers to Brain Host

Permission to Host Your Content

For us to host your website, it is necessary for you to upload your content to our servers. When you do this uploading, you are creating one or more copies of your content on our system. By purchasing hosting services from us, you acknowledge that these copies are being made, and give us the permission (a license) to maintain these copies and make them available to users of the Internet. You are solely responsible for providing all of the content and other data that make up your website.

Personal Information

When you place an order for our services, your personal information, including your credit card information, is transmitted via the use of Secure Socket Layer technology, the industry standard for encrypting sensitive information. We take your privacy very seriously, and as such, will not sell your personal information to third party (other than a company that may purchase Brain Host), and will take reasonable steps to keep it from being disclosed to any third party Brain Host, LLC of 3660 Center Road Suite 363 Brunswick, OH 44212 is the data controller for the purpose of the Data Protection Act 1998.

By proceeding to use our service you consent that we may process the personal data (including sensitive personal data) that we collect from you in accordance with our Privacy Policy (http://www.BrainHost.com/privacy-policy). In particular, we may use information we hold about you for the purposes of [internal review, to improve the content of our website, to customize the content and/or layout of our web page for each individual visitor]. Please address any questions, comments and requests regarding our data processing practices to support@BrainHost.com. You consent to be called by a representative of www.BrainHost.com at the telephone number above and/or emailed important information about Brain Host products and services.

Backups

We will make every attempt to retain nightly backups. However, as with any data storage systems, backups can fail. We encourage you to perform your own backups on a periodic basis or sign up for our daily backup service. Because the Services permit Users to electronically transmit or upload content directly to the User Web site, User shall be fully responsible for uploading all content to the User Web site and supplementing, modifying and updating the User Web site, including all back-ups. • Any file over 40MB in size will not be backed up onto our backup servers and in the event of server failure, will not be recoverable. • Brain Host shall not be responsible for any damages to the User Content, the User Web site or other damages or any malfunctions or service interruptions caused by any failure of the User Content or any aspect of the User Web site. • User is solely responsible for making back-up copies of the User Web site and User Content. • Brain Host does not maintain backup copies of User Web sites or e-mail. Brain Host cannot guarantee that the contents of a Web site will never be deleted or corrupted, or that a back-up of a Web site will always be available. Users should always copy all content of a Web site to a local computer and Brain Host strongly suggest that Users make an additional copy (on tape, CD, multiple floppies, another desktop, or elsewhere) to ensure the availability of the files.

Acceptable Use/Illegal Activity

Brain Host strives to maintain a high-level of service, and a lot of customers depend on our high standards of quality. As such, we will not provide services to those that are using our services for: • Hacking, which includes, for example penetrating or attempting to access, without authorization, another computer or network. Port scans, stealth scans, and fraudulent credit card “phishing” techniques are also prohibited. • Hosting of files or other data that infringes on another’s copyright or other intellectual property rights. • Spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which includes the sending of unauthorized commercial messages by use of our services, or by maintaining an open SMTP connection. We reserve the right to refuse or terminate service based on reasonable indications that you are engaged in spamming of any sort. • Uploading or linking to any content that violates another’s right of publicity or privacy. • Distributing hate speech, or any other content that is obscene, abusing, which could be considered libelous and defamatory. • Hosting, storing, or distributing child pornography. If any such content is found and brought to our attention, the proper law enforcement agencies will be notified. • Hosting large amounts of data not specifically tied (“linked”) to your hosting account. Brain Host. encourages users looking for file storage/backup solutions to seek other services that specialize in this.

You may not Use Brain Host Products or Services if you are a citizen, national, or resident of, or are under control of, the government of Cuba, Iran, Sudan, Libya, North Korea, Syria, Iraq, Morocco, Nigeria, Tunisia, Pakistan, Algeria, Afghanistan, Saudi Arabia, Bahrain, Russian Federation, Somalia, or any other country to which the United States has prohibited export.

Content

All services provided by Brain Host may only be used for lawful purposes.

The customer agrees to indemnify and hold harmless Brain Host from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email abuse [at] BrainHost.com with the information required.

Examples of unacceptable material on all Shared servers include: IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited. Offering video and/or audio streaming or downloads, MP3 Files, Games and shareware is also not permitted on any Brain Host server. Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account.

Examples of unacceptable material on Dedicated servers include: Pirated Software / Warez, Escrow, High-Yield Interest Programs (HYIP) or related sites, sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.

Brain Host services, including all related equipment, networks and network devices are provided only for authorized customer use. Brain Host systems may be monitored for all lawful purposes, including ensuring that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Brain Host system(s) constitutes consent to monitoring for these purposes.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via support ticket/email and will have a response within 48 hours.

If in doubt regarding the acceptability of your site or service, please contact us at abuse [at] BrainHost.com and we will be happy to assist you. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita): Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 644 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password. All files over 10MB must be linked from files within the same account and also publically available through any domain name attached to your account. Large files (files over 10MB) should not take up more than 40% of the data on your hosting account.

Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt-in” will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Please read www.BrainHost.com/mail-policy for our generalized mail policy. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. Brain Host reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. Brain Host reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of Brain Host.

Unlimited Bandwidth, Disk Usage, Email and FTP accounts and other Unlimited Resources.

Brain Host provides Users with bandwidth, disk space and other resources, such as e-mail, mysql databases, and/or file-transfer-protocol (“FTP”) accounts, the amount of which is defined in Brain Host’s web pages describing the package of Services purchased at the time of purchase. In some cases, Brain Host may not establish a specific amount of bandwidth, disk space and other resources, and refer to that as “Unlimited”. In all cases, the 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. Brain Host 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. User agrees that such usage shall not exceed the amounts set by Brain Host for the Services purchased (the “Agreed Usage”) and is additionally subject to normal usage guidelines established by Brain Host 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 Brain Host.

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, or other data). Hosting space further may not be used as offsite storage of electronic files, electronic mail or FTP hosts. 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.

Brain Host will monitor User’s use of bandwidth, disk usage and other resources. Brain Host, in its sole discretion, shall have the right to take any corrective action if User’s utilization of bandwidth, disk usage or other resources exceeds the Agreed Usage, resource 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 Services, removal or deletion of User’s Web site, User Content, User’s electronic mail and e-mail services and/or other materials and services or termination the User’s account and of this Agreement, which actions may be taken in Brain Host’s sole and absolute discretion.

Customer Support

We provide unlimited, 24/7 phone and email support for all hosting related questions and issues. For website design and development questions, we provide unlimited email support and unlimited access to our online FAQs and other training materials. However, we do charge for phone support for website design and development questions. We offer half an hour of phone support for $24.95, and one hour for $39.95. These prices can change at any time, and changes may not be reflected here. The minimum call increment for paid phone support is 15 minutes. If you do not use your full block of time in one call, the remaining time will be added to your next call.

Web hosting support includes the following topics and issues: • Billing • Hosting services/packages (i.e. hosting plan, domains, account upgrades, etc.) • Login information (cPanel, Brain Host account, Traffic Package, etc.) • cPanel • FTP • Website build status • Website rebuild requests • Server errors • Website errors

Website design and development support includes the following topics and issues: • WordPress (plugins, posts, pages, themes, widgets, headers, etc.) • Advertising (AdSense, adBrite, Amazon, etc.) • Affiliate marketing (Commission Junction, ClickBank, etc.) • Search engine optimization (SEO) • Website monetization • HTML coding / file editing

The above is not a comprehensive list. For topics that do not appear here, it will at our support staff’s to determine which category they fall under.

Domains

Certain special promotional offers, regardless of the duration of the plan you choose, will be charged a one-time domain registration fee. The amount of this fee depends on the domain. In this case, the domain registration fee will be reflected on your order page as follows: “Domain Registration: [domain name]: $XX.XX – One Time Fee.”

Non-promotional offers, direct purchases, and certain promotions will receive free domains with purchase of a hosting plan of one year or longer. In this case, this will be reflected on your order page as follows: “Domain Registration: [domain name]: INCLUDED FREE!”

In the event that Brain Host changes registrars, certain customers’ domains will be transferred at no additional charge.

In the event that Brain Host runs a promotion offering a free domain with purchase, free domains will be given out on a first-come, first-serve basis until a cap of 500 free domains has been reached. Once 500 free domains have been given out, no more free domains will be given out for that promotion. There is a limit of one free domain per customer. If a customer who has received a free domain through such a promotion cancels their hosting account, they will be charged for the domain in the amount of $14.95.

Unlimited Domains

Unlimited domains refers to subdomains, parked domains and add-on domains. In all cases, the 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. Brain Host reserves the right to suspend, discontinue or delete the accounts of Users whose use of unlimited subdomains, parked domains and add-on domains results in or presents the risk of degradation of service to other customers, regardless of the amount of domains included in the User’s plan. User agrees that such usage shall not exceed the amounts set by Brain Host for the Services purchased (the “Agreed Usage”) and is additionally subject to normal usage guidelines established by Brain Host 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 Brain Host.

If Brain Host takes any such corrective action under this section, User shall not be entitled to a refund or credit of any fees paid prior to such action. User will comply with all applicable laws, rules and regulations regarding User’s Web site, User Content and/or User’s electronic mail services, including use of bandwidth, disk usage and other resources and will use such services and resources only for lawful purposes. User may not utilize: the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization; the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party; the Services to traffic in illegal drugs, gambling, obscene materials or any other products or services that are prohibited under applicable law; the Services to export encryption software to points outside the United States in violation of applicable export control laws; the Services to forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message. If Brain Host learns or discovers that User is violating any law related to User’s Web site, User Content and/or User’s electronic mail services, use of bandwidth, disk usage or other resources or Agreed Usage, Brain Host may be obligated to or may in its discretion inform the necessary law enforcement and/or any related agency(ies) of such conduct and may provide such agency(ies) with information related to User, User’s Web site, User Content and/or User’s electronic mail.

User is responsible for complying with any usage requirements or limits for bandwidth, disk space or other resources, and monitoring such usage to ensure the Web site does not violate such requirements or exceed any such limits allocated for the account(s) and otherwise complies with this Agreement. Brain Host will use commercially reasonable efforts to e-mail Users who are at or near their utilization limits, but Brain Host does not take responsibility if e-mail notification(s) is not received by the User. Brain Host reserves the right to discontinue service through the beginning of the next month for your account in the event that it exceeds the any such allotment.

Resource Usage

User may not: Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.

Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers. Run any software that interfaces with an IRC (Internet Relay Chat) network. Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers. Participate in any file-sharing/peer-to-peer activities Run any gaming servers such as counter-strike, half-life, battlefield1942, etc Run cron entries with intervals of less than 15 minutes

When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)

While our shared services are suitable for the bulk of our customers, there comes a time for some websites when they are better suited for a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 10% of the server resources and/or 10% of the server’s CPU. This means that if your website is found to be utilizing more than 10% of the CPU and memory of the service, we reserve the right to take your site offline. If this becomes necessary, you can either upgrade your hosting package, or request a pro-rated refund of the amounts you have paid in advance for the services. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.

INODES

The use of more than 50,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid overusage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode. Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here

When the Services Will be Available

We will attempt to provide the services 24 hours a day, 7 days a week for as long as you have paid for them. Sometimes, however, for a number of reasons, the services may be unavailable to you. You must recognize and acknowledge that due to the nature of web hosting technology, occasional unavailability of the services cannot be avoided. Sometimes there are equipment malfunctions. At other times we undertake periodic maintenance procedures or repairs. Still other times, there are causes beyond our control like power failures, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network traffic and other occurrences. We have not promised to provide you with uninterrupted service.

Guarantee

As we explain in this paragraph, we offer you a 30 Day Money-Back Guarantee on all shared hosting plans. If you cancel your account we will provide you with a full refund for the remainder of your term, excluding any setup fees that were charged when you signed up, and excluding domain registration fees. (Even if you received your domain for free through one of our promotional plans.)

You will not receive a refund for the domain purchase charge.

The domain registration fee we incur on each domain registration depends on the kind of domain. All refunds are subject to a registration fee charge, but you will own the domain name afterwards. The only way to cancel your account is by calling our billing team at 1-800-311-9418. NOTE: If you sign up in GBP pounds sterling then domain registration charge we incur is the USD equivalent of that amount.

The following services and account upgrades are non-refundable: activated traffic package upgrade.

On dedicated servers no full refund will be honored — the 30 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.

Brain Host also reserves the right to cancel your account with 72 hours notice should an event occur in which proper evidence exists that a customer was exceptionally rude or vulgar in communications with our staff.

We will clear out your cPanel after you cancel your account. If you decide to reopen your account or open a new account, we will not be able to restore your cancelled account’s website/cPanel.

Dedicated Servers

Brain Host reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets.

Brain Host reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this.

The Customer assumes all responsibility for installation and maintenance of the Operating System (OS) used within the customer’s container, as well as any reinstalls and changes.

Customer assumes all responsibility for their dedicated environment, firewalls, protections from bugs, viruses or other intrusions, content applications and resources used.

Customer agrees to take full responsibility for installation, storage, back-up, maintenance, and other aspects of its files, software, data and other content or items transferred to or used in the container and the dedicated account.

The Customer is solely responsible for all files contained in their dedicated server whether the Customer had knowledge of the files or not and for assuring that the container is used and operated in compliance with this Agreement.

It is the responsibility of the customer to ensure their system is secured and safe from compromise at all time. If a container is found to be compromised or in violation of this Agreement, Brain Host has the right to suspend and terminate service immediately.

Joining Brain Host

Brain Host will not activate new orders or activate new packages for customers who have an outstanding balance with Brain Host. For a new order to be setup or a new package to be activated, you must have a balance of $0.00, unless otherwise stated by Brain Host in writing.

When you sign up, your Brain Host account will be enabled with autorenewal, which means that when your renewal date arrives, your hosting plan and domain will be renewed. When it is time for renewal, the credit card you have on file with us will also be charged. If you wish to not have this happen, and you would not like to renew your account, you must cancel before your renewal date. If you have any questions as to when your renewal date is, simply log in to https://my.BrainHost.com, or give us a call. If you fail to cancel prior to renewal, your account will be renewed for a new term. Your account renew dates are always listed in https://my.BrainHost.com.

If more than 30 days pass from the date on which any invoice for the hosting services is issued to you and we have not received payment in full, we will suspend your account, which means that your data, files and website will become in-active and cannot be accessed. If in the following 30 days you pay all amounts due, bringing your account up to date, we will take your account out of suspension and the data will be available again immediately. You must have an active method of payment upon you account for your autorenewal at all times, failure to do so can result in you account being suspended or cancelled automatically.

If, however, 30 days pass from the date on which your account is suspended and you have not made payment in full, Brain Host shall have the right to delete all data you have uploaded to the servers. To summarize, if you get 60 days behind in making payments, your data will be deleted. You hereby acknowledge that this is Brain Host’s policy when it comes to data retention, and waive all rights in and to your data in these situations. Brain Host provides Google Adword Coupons as part of our hosting packages. These coupons are available in GBP and USD and are only available to UK and USA citizens. The coupons can only be used as part of a brand new Adwords account or an account under 14 days old. Brain Host also provide Facebook & MySpace ad credits, these are available in USD only and are offered exclusively to citizens of USA. Credits are available to new Facebook and MySpace advertisers only.

The terms for any ad credits can change without notice depending on the vendor.

Due to restraints by our domain registrar and the domain extensions we cannot fully manage domains with the TLD’s .eu and .com.au in our registrar’s account. We can host these domains, but only by pointing their nameservers to us through your existing registrar. Invoices for renewals will be issued and charged up to 7 days in advance to ensure the we receive cleared funds for the continued hosting service and domain renewal.

Brain Host is unable to process orders placed using virtual/pre-paid/gift cards as we are unable to accurately verify them. In such cases it is advised that you pay through a PayPal account if you have no other valid credit card to make the payment from. Any special promotions that Brain Host offers are for new customers only.

These Terms of Service May Change

Due to our evolving business, and the changing nature of the web hosting industry, these terms of service may change. We will post the changes here, and your continued use of the service means you accept the changes we have made.

DMCA Copyright Infringement Information

In accordance with the Digital Millennium Copyright Act, we have adopted a policy to suspend or terminate the accounts of website owners found to be in violation of copyright. We respect the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent (identified below) the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; • a description of the copyrighted work or other intellectual property that you claim has been infringed; • a description of where the material that you claim is infringing is located on the site; • your address, telephone number, and email address; • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Our agent for notice of claims of copyright infringement can be reached as follows:

By mail: Management 3660 Center Rd Suite 363 Brunswick, Ohio 44212 By phone: 800-311-9418 By email: support [at] BrainHost.com

Indemnification

If Brain Host. is sued or threatened with a lawsuit from a third party because of something you do with the services, or as an affiliate you agree to pick up the tab if Brain Host. is found liable or pays to settle the dispute. In legal terms, this is called “indemnification.” Not only do you agree to reimburse Brain Host. for what it pays to satisfy a judgment or settle a case, you also agree to pay Brain Host’s reasonable attorney’s fees and all other costs Brain Host. incurs in defending itself.

Disclaimer of Warranties

You may have noticed that up to this point these terms of service have been kind of easy to read and understand. But our lawyers tell us that this section, dealing in the disclaimer of warranties, has to retain its legalese style. Sorry about that. Brain Host. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Brain Host. MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. Brain Host. DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to you.

Limitation of Liability

Here is another section that has to retain its legalese. Simply stated, what this section is saying is that if something goes wrong, Brain Host. cannot be held liable for it. IN NO EVENT SHALL Brain Host. BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF Brain Host. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states may not allow such a broad exclusion or limitation on liability for damages as contained in these terms of services. In those states, our liability is limited to the full extent permitted by law. You agree that in no event shall our maximum aggregate liability exceed the total amount paid by you for the services in dispute purchased from us, or, in the event of liability of Brain Host.