Terms Of Service (Please CLICK here for Dedicated Servers AUP & TOS)

1.                                                                               Disclosure to Law Enforcement: Bright Servers 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.

2.                                                                               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.

3.                                                                               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. Payment is to be received by Bright Servers before the due date unless previous arrangements have been made, or the service may be terminated. It is the Customers responsibility to check the due date of their bill, and Bright Servers accepts no responsibility for invoices into being delivered to the customers email address. It is the customers responsibility to make sure their balance is even at all times.

4.                                                                               Payments and Fees: Service will be interrupted on accounts that payments are past their due. Service interrupted for nonpayment is subject to a 50% reconnect charge. Accounts not paid by due date are subject to a 15% 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 $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

5.                                                                               Refund and Disputes: All payments to Bright Servers for VPS Services are nonrefundable after 14 days of service. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Bright Servers sole discretion is a valid charge under the provisions of the TOS, you agree to pay Bright Servers an "Administrative Fee" of not less than $50 and not more than $150. Refunds will only be returned via Paypal or Western Union, the cost of the transaction will be deducted from the refund. All Payments to Bright Servers for VDS Services are nonrefundable.

6.                                                                               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.

7.                                                                               Account Cancellation: Requests for canceling accounts may be emailed to Bright Servers not less than 15 days before the cancellation date. A failure to communicate with Bright Servers 15 days before the due date for the payment will result in a full charge of the service for that following month. Email cancellation requests to support@brightservers.com stating the reason for discontinuation as well as your details.
 You must have all account information to cancel.

8.                                                                               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.

9.                                                                               New Domain Accounts: All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by Bright Servers on behalf of the account holder a handling fee will be incurred.

10.                                                                            SPAM and Unsolicited Commercial Email (UCE): Bright Servers takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Bright Servers may not use or permit others to use our network to transact in UCE. Customers of Bright Servers may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

a.                                                                               Violation of Bright Servers SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Bright Servers will initiate an immediate investigation (within 48 hours of notification). During the investigation, Bright Servers may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Bright Servers may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Bright Servers reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Bright Servers will notify law enforcement officials if the violation is believed to be a criminal offense.

b.                                                                               First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that Bright Servers personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

c.                                                                                As our Customers are ultimately responsible for the actions of their clients over the Bright Servers network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, 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. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
Subsequently anyone hosting websites or services on their/our server that are are harmful to other webmasters, and cause a blacklist of our ip/s to resource submittal
sites will result in immediate termination of services without notice.

11.                                                                            Network

a.                                                                               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.

b.                                                                               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 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.

c.                                                                                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:

                                                         i.                                                                                    Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

                                                        ii.                                                                                    Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

                                                       iii.                                                                                    Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

                                                      iv.                                                                                    Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

                                                       v.                                                                                    Taking any action in order to obtain services to which such User is not entitled.

12.                                                                            Notification of Violation:

a.                                                                               Bright Servers is under no duty to look at each customer's or user's activities to determine if a violation of the TOS has occurred, nor do we assume any responsibility through our TOS to monitor or police Internet-related activities.

b.                                                                               First violation: Any User, which Bright Servers determines to have violated any element of this TOS, shall receive an email, warning them of the violation. The service may be subject at Bright Servers discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

c.                                                                                Second Violation: Users that Bright Servers determines to have committed a second violation of any element of this TOS shall be subject to immediate suspension or termination of service without further notice.

d.                                                                               We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

13.                                                                            Suspension of Service or Cancellation: Bright Servers reserves the right to suspend network access to any customer if in the judgment of the Bright Servers network administrators the customer's server is the source or target of the violation of any of the other terms of the TOS or for any other reason which Bright Servers chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

14.                                                                            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.

15.                                                                            Indemnification: Bright Servers wishes to emphasize that in agreeing to the Bright Servers Terms of Service (TOS), customer indemnifies Bright Servers for any violation of the 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.

16.                                                                            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.                                                                               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.

b.                                                                               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.

c.                                                                                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.

d.                                                                               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.

e.                                                                               It is absolutely forbidden to host IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.

17.                                                                            Responsibility for Content: You, as Bright Servers customer, are solely responsible for the content stored on and served by your Bright Servers server.

18.                                                                           
Customer agrees not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on Software Products or that appear during the use of Software Products. Customer further agrees not to reverse engineer, decompile, or disassemble the Software Products.

Bright Servers may provide you access to other third party software and/or services ("Third Party Products ") through reseller relationships Bright Servers has established with certain commercial vendors, including without limitation, Microsoft Corporation ("Third Party Vendors"). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by Bright Servers and not by the Third Party Vendor. Neither Bright Servers nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. Customer expressly acknowledges and agrees that use of third party products is at customer's sole risk and such third party products are provided "as is" and without representation or warranty of any kind from Bright Servers or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither Bright Servers nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. Customer agrees to observe the terms of any license and/or applicable end user subscriber agreement for third party products and that customer shall be fully liable to third party vendors and Bright Servers with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user subscriber agreements.

19.
Bandwidth Exceeders will pay a flat rate of $1.50 US per Gig exceeded on each account. If bandwidth is about to exceed, we recommend you contact Bright Servers immediately at support@brightservers.com and negotiate an upgrade, as packages are upgradeable at all times.

20.
Western Union payments will incur a Non refundable $10US charge upon all transactions.

21.
Cheque payments will incur a Non refundable $20US charge upon all transactions.

22. Credit Cards that are declined for any reason are subject to a $2.00 fee for each time it is declined. If the customer cancels service for any reason, all charges for that period are considered earned for all tasks and services Bright Servers is to perform.
 

23. Acceptable Use Policy:
The following constitute violations of this Acceptable Use Policy. We ask that each Subscriber, Customer, guest, and/or third parties refrain from the following or risk loss of services, additional fees, and possible legal actions. Sub-networks and Reseller are responsible if their customers, subscribers, guests or third parties perform any of the following as well:

1. Cause or allow illegal use of Bright Servers services, or in support of illegal activities in any manner, to include harming, or attempt to harm, minors in any way.
2. Cause or allow unauthorized access, or to attempt to access, the accounts, systems, or servers of others, or to penetrate, or attempt to penetrate, security measures of Bright Servers or another entity's computer software, hardware, network, or internet systems.
3. Cause or allow the transmission of any material that threatens, harasses, or encourages bodily harm or destruction of property.
4. Cause or allow or 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."
5. Cause or allow the modification of identifying network header information in an effort to deceive or mislead.
6. Cause or allow the transmission of any unsolicited commercial or unsolicited bulk e-mail (SPAM) or cause or allow any of our IP space to be listed in any of the various Spam Databases. Commercial messages that are solicited by the recipients are permitted.
7. Cause or allow your dedicated server or virtual site to publish material, in any form, fashion, or medium, which Bright Servers determines, at its sole discretion, to be unlawful, indecent, illegal or objectionable.
8. Cause or allow the impeding of another person's use of electronic mail services or internet access.
9. Cause or allow the transmission of any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party.
   
   Any violation of this Acceptable Use Policy may result in corrective action by Bright Servers to include, but not be limited to, the suspension or immediate termination of your Bright Serversaccount and services, additional fees and charges, legal action or other actions as detailed in this document or the Terms of Service agreement without previous notice to the Subscriber or customer.

24. Credit Cards:
Bright Servers Does not store any credit card information, we will send out a bill each month that will be paid by the customer. We do not support any form  of recurring billing.