Terms of Service

Terms and Conditions

This policy represents the Brighter Vision Technologies Terms of Service, ("TOS"), in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all customers agree to when they sign-up for any of the Brighter Vision Technologies website hosting services. Brighter Vision Technologies reserves the exclusive right to change, amend, or revise any portion of this TOS policy at any time, with or without written notice to our customers.
Customers using any services offered by Brighter Vision Technologies agree to be obligated by and must comply with all policies in this TOS, or conversely, must opt out of and cancel their web hosting service. Brighter Vision Technologies retains the sole discretion to make judgment regarding any violation by any customer, and may take action against any customer deemed to be in violation of these terms, including the cancellation of any customer's services without refund, and/or, if deemed appropriate, legal prosecution.

General Provisions
In consideration for Brighter Vision Technologies maintaining one or more hosting accounts, you, as the customer, agree to the following terms of service.

Definitions

Disclaimer of Warranty

The Internet and website hosting relies on a complex network of hardware, software, network services, and providers of information. Due to the need for these providers and service companies to all be working properly, not all services may be available to you at all times.

Brighter Vision Technologies, however, offers a 99.9% uptime guarantee. This is valid for only the Brighter Vision Technologies servers and our primary co-location internet connection. Brighter Vision Technologies shall pursue partnerships with all applicable persons and resources in order to maintain maximum uptime. However, we are not responsible for any down time caused by any provider's hardware or network malfunction which is outside of Brighter Vision Technologies capability to directly correct. Brighter Vision Technologies clients are diverse, their websites and the function of those websites are diverse, and we therefore cannot be held responsible for any service interruption due to client's error, including but not limited to spamming, a DDOS attack, or any other internet or cyber attack.

Brighter Vision Technologies MAKES NO EXPRESS OR IMPLIED WARRANTIES, (INCLUDING BUT NOT LIMITED To WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither Brighter Vision Technologies, nor anyone else involved in the provision of Service, is liable to you or any third-party for direct or indirect damages resulting from the use or non-use of services provided herein, whether or not such damages resulted from the negligence of Brighter Vision Technologies, even if we have been advised of the possibility of such damages.

Limitation of Liability
IN NO EVENT SHALL Brighter Vision Technologies BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA, AND OR DATABASE CONTENTS), ARISING OUT OF OR IN RELATION TO THIS AGREEMENT, OR YOUR USE OR INABILITY TO USE Brighter Vision Technologies' SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF Brighter Vision Technologies SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF Brighter Vision Technologies HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Brighter Vision Technologies' MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO Brighter Vision Technologies FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, Brighter Vision Technologies' LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW

Indemnification
You agree to indemnify, defend and hold Brighter Vision Technologies and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages, or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute, or demand related to your use of the Services, your violation of any of the provisions of this Agreement, or from your placement or transmission of any materials or content onto Brighter Vision Technologies servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to Brighter Vision Technologies' equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by Brighter Vision Technologies' gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.

Services Provided by Brighter Vision Technologies
Brighter Vision Technologies will provide Internet server rental ("the Service") to its members for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows members to maintain Internet websites, receive and maintain e-mail accounts, and access web space via FTP in order to upload files to their websites. Members will use the provided services in a manner consistent with any and all applicable laws. Brighter Vision Technologies provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. We do, however, reserve the right to refuse service to potential and/or existing customers, in order to protect other customers. If any of the below violations are committed, Brighter Vision Technologies can terminate the client's account without notification.

brighter-vision.com provides timely website hosting support to our clients through emails, chat and phone. By accepting your client contract agreement with brighter-vision.com, You agree not to abuse verbally or physically, whether in person, via email, live chat, telephone or otherwise (a) any other customer of brighter-vision.com and any employee or contractor of brighter-vision.com.

Brighter Vision Technologies will send e-mails from time to time regarding your account, as well as special offers and promotions. You may unsubscribe from these e-mails at any time by following the instructions at the bottom of those e-mails.

Payment, Renewal, Cancellations
99.9% Service Level Agreement " SLA"
Brighter Vision Technologies offers its clients a 99.9% network uptime guarantee for customer satisfaction purposes, and also to ensure the smooth operation of your site. Brighter Vision Technologies will try to maintain maximum uptime. Brighter Vision Technologies is not responsible for any downtime caused by the client.

30-Day Money Back Guarantee
Brighter Vision Technologies offers an unconditional 30-day money back guarantee which covers cancellations on shared hosting, reseller hosting and VPS hosting made during the first 30 days of service, due to the inability to deliver satisfactory services. As a part of our effort to achieve industry-leading customer satisfaction, the customer will be refunded all hosting charges made to their credit card, minus any setup fees, domain name registrations, or costs which are non-refundable. The guarantee does not apply to accounts with non-use, misuse, and/or abuse of this agreement. Domain name registrations & dedicated servers are also non-refundable. Domain Names transferred to our service incur an additional year of registration and therefore are considered a domain registration. Domain registration fees are $24.95/yr. Customers who leave our hosting service within the 30 day moneyback guarantee period will be refunded the package price minus the domain registration fee. Questions regarding the 30-day money back guarantee should be forwarded to billing@brighter-vision.com