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.
In consideration for Brighter Vision Technologies maintaining one or more hosting accounts, you, as the customer, agree to the following terms of service.
- "We" , "Us" , "Provider,", "Brighter Vision Technologies," or brighter-vision.com.
- "You", "Your", "Client", "Customer", or "Member" - Each person or entity who applies for internet service or is a designee of anyone who applies for internet service.
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
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
- Client Content:
Client agrees that web pages and files uploaded to servers will not violate any state, national or foreign laws or regulations; infringe on any intellectual property rights of Brighter Vision Technologies or any third party; be defamatory, slanderous or trade libellous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to Brighter Vision Technologies or any third party. Customers may not run IRC, bots or clients. Customers may not use Brighter Vision Technologies servers for file storage unrelated to their websites. Storage Space is for active website content only. Brighter Vision Technologies' shared hosting account holders may not act as a reseller, which means that clients may not host any websites on their addon domains that are not owned by the client holding the account of rrecord at Brighter Vision Technologies. Unacceptable uses also include: unsolicited emailing, whether individually or in bulk, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted MP3, copyrighted music, copyrighted video, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, proxy(ies) and image/file sharing websites. Brighter Vision Technologies will be the sole and final arbiter as to what constitutes a violation of this policy. Brighter Vision Technologies does not normally monitor the contents of clients servers, however if suspicion occurs, Brighter Vision Technologies reserves the right to investigate and terminate the clients subscription to the service.
- Unlimited Features:
What is meant by "unlimited disk space and bandwidth/data transfer"
We do not set limits on the disk space and bandwidth (data transfer) that we provide in plans that are marked "Unlimited". We want you to have the resources available to you to build a great online presence.
However, we need to ensure that we're providing all of our customers with optimum service. As such we do require all of our customers to be fully compliant with the normal operation of a personal or small business website.
If a customer's hosting account is found to have violated the client content, excessive resource user policy, and/or is storing files for archiving purposes, the contents will be removed, and while we will make every effort to contact the customer beforehand, such removal can occur without notice.
- Excessive Resource User Policy:
Resources are defined as disk space, bandwidth, and/or computing resources ( i.e., cpu, memory, and disk i/o) utilization. Brighter Vision Technologies offers a shared hosting service in which customers share resources with other customers. Therefore it is imperative that Brighter Vision Technologies controls any excessive usage by customers so that they do not disrupt the service quality of other customers using the same resources. A hosting account is considered using "Excessive amounts of resources" when it consumes 100% of 1 CPU core, and/or 1 GB Memory and/or 20 concurrent connections also known as "Computing Resources", "Resources", or "Resource Usage". There are numerous issues that could cause such problems, including but not limited to: cgi scripts, FTP, HTTP, etc. To prevent service disruption for other customers, a hosting account which exceeds these computing resources will be slowed down automatically for as long as the resources are being overused. Brighter Vision Technologies will make every reasonable effort to notify the customer prior to suspension, however, Brighter Vision Technologies may suspend any offending hosting account prior to notifying the customer in the event that service disruption to other customers is or was caused. The customer using "excessive resources" may be asked to upgrade his/her package to a more suitable hosting package, such as, but not necessarily limited to, a premium account, virtual private server, or dedicated server. Brighter Vision Technologies will be the sole and final arbitrator as to what constitutes a violation of this policy. Customers have access to their Resource Usage statistics within their control panel.
- No "Spam":
UCE/UBE or "Spam" originating from a server located on our network or associated with a Brighter Vision Technologies server is not tolerated. This includes any e-mail that promotes websites hosted on a server located on the Brighter Vision Technologies network but is sent from an e-mail address not associated with that Brighter Vision Technologies account. The client shall not use their Brighter Vision Technologies services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Brighter Vision Technologies reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice.
- Excessive Exploits
Brighter Vision Technologies allows 3rd party scripts to be uploaded/installed from our auto-installer or manually, (whether or not those scripts are included in the auto-installer) on your web hosting account. It is the responsibility of our web hosting clients to maintain the latest exploit free version of the scripts. If a script that a client uploads to our servers is found to have security lapses which allow a third party to "hack", "exploit", or "deface" their site(s), it is the responsibility of the client to either remove that script, or brighter-vision.com reserves the right to terminate that clients' account and provide them with a prorated refund.
- False Information:
Customer agrees not to post false or inaccurate information to news groups in violation of the news groups rules and regulations. If any news group or service provider contacts Brighter Vision Technologies concerning unethical, false or unlawful activities by you, Brighter Vision Technologies reserves the right to suspend or terminate your service with or without notice.
- Licensed Software Only:
Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
- Back-Up Files:
Brighter Vision Technologies provides the tools needed to create back ups of account data. Brighter Vision Technologies also backs up its servers and retains a copy for 24 hours for disaster recovery purposes only. It is the responsibility of the customer to keep up-to-date archives of their backed up data. Brighter Vision Technologies does not provide or keep records or copies of our clients website files for customer use and is not responsible for any loss of data, including, but not limited to, hardware failure, backup failure, hacking or accidental deletion.
99.9% Service Level Agreement " SLA"
- Payment Obligations:
Full payment is required in advance before hosting service is established. Brighter Vision Technologies sends out invoices that are due every pay period. You are given fifteen (15) days to fully pay the invoice.
You warrant and represent that the information you supply in the Order Form (or other information that Brighter Vision Technologies may require) is accurate and truthful. All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If payment is not received by the due-date, your account will be suspended. It is the client's responsibility to ensure that payment is made to Brighter Vision Technologies prior to the renewal date, and, although we send renewal notices to our customers prior to their renewal date, but because customers can change their contact email addresses without notifying Brighter Vision Technologies, these emails may not be received. Therefore, the customer is ultimately responsible for remembering their renewal date and for making sure payment is made on or before that date.
It is the obligation of each Brighter Vision Technologies customer to know when their account comes up for renewal, and if they wish not to renew their account, they must notify Brighter Vision Technologies no later than 5 business days prior to their account's renewal date in order to prevent renewal charges. Brighter Vision Technologies clients receive email notification 15 days prior to the renewal date of their account, informing them that their renewal date is approaching. It is the customer's responsibility to ensure that Brighter Vision Technologies has a valid email address so that we may send out renewal and other relevant account notices. If we do not received a cancellation request five (5) days prior to the customer's renewal date, we will renew the clients' account on the renewal date, and we will apply the appropriate charges. Accounts will be automatically renewed under the same time and fee structure as the plan that the client signed up for (unless plan changes were made or upgraded between the time when the client signed up & their renewal date). The 30 day money back guarantee applies only to the start date of the clients' service with Brighter Vision Technologies, and does not apply to renewals of service.
- Late Fees:
Clients have the option to pay an invoice at any time by logging into their Brighter Vision Technologies account and submitting a payment. An invoice that is not paid by the due date is automatically marked overdue in the system. If an invoice is overdue by more than four days, (the grace period), the account is automatically suspended and a $15.00 late fee is added to the account. To reactivate an account that is suspended for failure to submit a payment within the grace period, a payment for the original invoiced amount plus $15.00 must be submitted to Brighter Vision Technologies.
- Cancellation & Refunds:
Should you become dissatisfied with our services within the first 30 days of your account activation, Brighter Vision Technologies will refund your hosting fee subject to the money back guarantee terms listed in this agreement. Refunds are not available for customers after 30 days. You may however cancel your account at any time. In order to make sure that your account is not renewed, you will need to contact customer service and verify information before cancellation takes place. You will be charged in full for the entire month in which you cancelled your account. Accounts which have negative balances will be sent to collections and all services will be terminated, including domain registrations. Refunds are never available for domain registrations. 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.
In addition, refunds are not available for additional services which you have purchased, such as an additional domain name or a dedicated IP.
website files are the responsibility of the customer, and, should a customer decide to cancel their service, it is the customer's responsibility to make sure that they have backed up & downloaded the website files and any emails from the Brighter Vision Technologies server, prior to requesting account cancellation. Once the cancellation request has been submitted, cancellation of the website hosting service may occur anytime after the request is received. When a cancellation request is completed, the client's hosting account with Brighter Vision Technologies, as well as the website files, are permenantly removed from our servers. Therefore, it is the client's obligation to ensure that they have downloaded their website files and any emails from the server prior to their cancellation request.
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 firstname.lastname@example.org