AUP & Terms Of Service - Dedicated Servers (This AUP & TOS is in extension of our regular AUP/TOS)

ACCEPTABLE USE POLICY (Dedicated Servers)

Like any other company, Bright Servers must have it's own Acceptable Use Policy ("AUP") so that everything is clearly defined and stated before you embark on your journey with us. All users must Agree with this AUP before any service is set-up, thus why you must read and agree to it here in the middle of the ordering process. Completion of this order constitutes acceptance and agreement with the AUP. Unlike other companies, we will try to keep this AUP short and readable.

One thing that must be stated early: All payments to Bright Servers are non-refundable.

We support freedom of speech and transmission as long as the contents are legal. We will pursue any claims brought to our attention for illegal content (Including but not limited to Piracy, illegal mp3s, child-pornography, etc.). Any content we deem inappropriate might be reason for account suspension or cancellation without prior notice. When possible, we will try and give advance notice.

You may not use your dedicated server to publish material, which Bright Servers determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at abuse@brightservers.com.

Bright Servers reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

Harassment: Use of the Bright Servers service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses others or us.

Fraudulent activity: Use of Bright Servers service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."

SPAM: Use of the Bright Servers service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate suspension of the offending Bright Servers account pending verification of it's origination.

Unauthorized access:
Use of Bright Servers servers to access or attempt to access other's accounts, or to penetrate or even attempt to penetrate security measures of our own, or other entity, is absolutely prohibited. This would also be grounds for inmediate suspension or termination.

Third Party Accountability: Bright Servers subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.

Your password provides access to your account. It is your responsibility to keep your password secure. Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.

REPORTING VIOLATIONS OF Bright Servers AUP

Bright Servers requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse@brightservers.com.

REVISIONS TO THIS ACCEPTABLE USE POLICY

Bright Servers reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).

TERMS OF SERVICES (Dedicated Servers)

Bright Servers ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of Bright Servers Service constitutes acceptance and agreement to Bright Servers's AUP as well as Bright Servers's TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of Bright Servers. and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the state of New York, county of Queens applicable to contracts enforceable in that state. Venue will be Queens County, New York

Disclosure to Law Enforcement: The AUP
specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Bright Servers shall have the right to terminate all service set forth in this Agreement.

Service Rates:
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

Payment:
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. The above applies to all accounts and services provided by Bright Servers.

Payments and Fees:
Credit cards that are declined for any reason are subject to a $5.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $100.00 reconnect charge. Accounts not paid by due date are subject to a $10.00 late fee. Accounts that are not collectable by Bright Servers may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $250. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

Refund and Disputes:
All payments to Bright Servers are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Bright Servers's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Bright Servers an "Administrative Fee" of not less than $50 and not more than $250.

Failure to Pay:
The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

Account Cancellation:
All requests for canceling accounts must be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to Bright Servers Attn: Cancellations, via email to sales@brightservers.com. You must have all account information to cancel.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

New Domain Accounts:
All new webhosting accounts involving new domains will be set up and entered into our DNS servers within 24 hours of install date. Due to unforeseen complications, however, this process may sometimes require up to 2 business days.

Transfer of Domains:
New webhosting accounts which involve the transfer of a domain from another provider to Bright Servers will usually require a minimum of seven (7) days to be effective and entered into our DNS servers. In some cases, such transfers may take up to fourteen (14) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take.

Support Boundaries:
Bright Servers, provides technical support to our subscribers at all times. We limit our technical support to our area of expertise. The following is our guidelines when providing support: Bright Servers provides support related to your server or virtual site physical functioning. Bright Servers does not offer tech support for application specific issues such as cgi programming, html or any other such issue. Bright Servers does not provide technical support for YOUR customers. If you can email, we encourage you to email support@brightservers.com for assistance. If you are able to get online and have other questions, the answers may be on our Billing & Support System at http://www.brightservers.com/billing - we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before calling tech support.

Spam:
Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Users found to be conducting mass mailing will be fined an additional $300USD. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.

IRC:
IRC activity linked to any major IRC network is forbidden within our services.

Complaints:
Any activity that results in an abuse complaint will result in inmediate de-activation of the server. User agrees to allow access to the server to the Bright Servers staff so that they can verify what the root of the problem is. Any installed software found, which sole purpose is to scan ports, spider e-mail addresses, abuse proxies, or any other activity which resulted in the complaint, will be reason for inmediate account cancellation.

Network

IP Address Ownership:
If Bright Servers assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Bright Servers, and Customer shall have no right to use that Internet Protocol address except as permitted by Bright Servers in its sole discretion in connection with the Services, during the term of this Agreement. Bright Servers shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Bright Servers, and Bright Servers reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

Bandwidth and Disk Usage:
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Bright Servers will monitor Customer's bandwidth and disk usage. Bright Servers shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Bright Servers's sole and absolute discretion. If Bright Servers takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Bright Servers may, at its sole discretion, collect a deposit, in an amount determined by Bright Servers, against customer's credit card on file with Bright Servers.

System and Network Security:
Users are prohibited from violating or attempting to violate the security of the Bright Servers Network. Violations of system or network security may result in civil or criminal liability. Bright Servers will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Taking any action in order to obtain services to which such User is not entitled.

Bright Servers reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Bright Servers must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

Indemnification: Bright Servers wishes to emphasize that in agreeing to the Bright Servers Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Bright Servers for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Bright Servers or the bringing of any claim against Bright Servers by any third-party. This means that if Bright Servers is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Bright Servers, plus all costs and attorney's fees.

Miscellaneous Provisions:
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

Bright Servers takes no responsibility for any material input by others and not posted to the Bright Servers Network by Bright Servers. Bright Servers is not responsible for the content of any other websites linked to the Bright Servers Network; links are provided as Internet navigation tools only. Bright Servers disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

Bright Servers is not responsible for any damages your business may suffer. Bright Servers does not make implied or written warranties for any of our services. Bright Servers denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Bright Servers.

Responsability for Content:
You, as Bright Servers's customer, are solely responsible for the content stored on and served by your Bright Servers hardware.