Terms of Services
Revision date: 8/19/2014
All services provided by BrickStreet Data Systems Inc (“BrickStreet Data Systems Inc”) may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless BrickStreet Data Systems Inc from any claims resulting from the use of service which damages the subscriber or any other party.
Prohibited are sites that promote any illegal activity or present content that may be damaging to BrickStreet Data Systems Inc’ servers, or any other server on the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
hacker programs or archives
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, BrickStreet Data Systems Inc WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
Bandwidth and Server Resource Usage
All account plans come with a predetermined amount of server and network resources. We monitor all accounts and reserve the right to bill for any overage when plan limits are exceeded. Costs are determined at time of overage and charges will never be levied without first notifying the customer of the over limit condition.
We currently do not allow IRC or IRC bots to be operated on our servers.
Any attempt to undermine or cause harm to a server or customer of BrickStreet Data Systems Inc is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without refund.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
All sub-networks, distributive hosting sites and dedicated servers of BrickStreet Data Systems Inc must adhere to the above policies.
By the Account Activation Date of each month, BrickStreet Data Systems Inc shall either:
(1) debit the client’s credit card (when such information has been provided by the client); or
(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to BrickStreet Data Systems Inc by no later than the specified payment due date. BrickStreet Data Systems Inc shall be entitled to immediately terminate this agreement for client’s failure to make timely payments. You will be provided with an invoice on a monthly basis.
All credit cards are billed automatically on a monthly basis. It is the client’s responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 72 hours, the account, and all accounts under that account plan, will be suspended.
Certain services carry a setup fee charged by BrickStreet Data Systems Inc to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to BrickStreet Data Systems Inc and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.
Money back guarantee & refund policy
We offer an initial 30 day Money back guarantee. Service may be terminated any time within the first 30 days and a full refund of any hosting fees will be provided. Setup and service fees such as web site development, SEO and site transfer fees are NOT included in this policy.
Annual Fee Refunds
If client has retained the services for one year (Annual Plan) and has pre-paid BrickStreet Data Systems Inc for such services, refunds will be issued for any unused full month of the services upon client’s request. Therefore, if client’s account is cancelled at any point during the one-year term, client will be entitled to a refund for the months remaining, after notice given by the 25th day of the preceding month.
Any account deactivated due to non-payment may require a reactivation fee of $20.00 prior to reactivation.
We DO NOT refund partial monthly fees to accounts. We require 10 days notice for a cancellation.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
Violations of these Acceptable Use Policies should be referred to support -at- brickstreetdata.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.
Limitation of Liability
BrickStreet Data Systems Inc cannot be held liable for system down time, crashes or data loss.
BrickStreet Data Systems Inc shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from BrickStreet Data Systems Inc ‘ servers going off-line or being unavailable for any reason whatsoever. Furthermore, BrickStreet Data Systems Inc shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of BrickStreet Data Systems Inc ‘ servers. All damages shall be limited to the immediate termination of service.
We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning.
HOST SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, THE WEBSITE OR CLIENTS DATA FILES, PROGRAMS OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. HOST SHALL HAVE NO LIABILITY WITH RESPECT TO HOST’S OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF HOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF HOST TO CLIENT FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO HOST BY CLIENT UNDER THIS AGREEMENT DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS.
Contracted Services Disclaimer
Certain services provided by BrickStreet Data Systems Inc are resold. Thus certain equipment, routing, software and programming used by BrickStreet Data Systems Inc are not directly owned or written by BrickStreet Data Systems Inc. Therefore, the host cannot be held liable for any loss or interruption of service caused by third parties, including but not limited to contracted data centers, servers, digital transmission links and internet slowdowns or failures.
Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as BrickStreet Data Systems Inc sees fit.
By activating your account with BrickStreet Data Systems Inc, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is recorded along with your activation request and maintained with your account information.
NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.
Server Uptime Guarantee
BrickStreet Data Systems Inc guarantees 99.9% service (http, ftp, pop, imap, smtp) uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account may be refunded a pro-rated amount for the duration of excessive downtime at the account holder’s request.
BrickStreet Data Systems Inc reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.
Acceptable Use Policy
Revision date: 8/19/2014
As a provider of web site hosting and other Internet-related services, BrickStreet Data Systems Inc offers its customer (also known as “Subscribers”) and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. BrickStreet Data Systems Inc respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, BrickStreet Data Systems Inc reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, BrickStreet Data Systems Inc has developed an Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each customer’s respective service agreement, and is intended as a guide to the customer’s rights and obligations when using BrickStreet Data Systems Inc’ services. This AUP will be revised from time to time.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that BrickStreet Data Systems Inc cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because BrickStreet Data Systems Inc cannot monitor or censor the Internet, and will not attempt to do so, BrickStreet Data Systems Inc cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information from the Internet, they must keep in mind that BrickStreet Data Systems Inc does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over BrickStreet Data Systems Inc’ network and may reach a large number of people, including both subscribers and non-subscribers of BrickStreet Data Systems Inc, subscribers’ postings to the Internet may affect other subscribers and may affect BrickStreet Data Systems Inc’ goodwill, business, reputation or operations. For these reasons, subscribers violate BrickStreet Data Systems Inc policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward BrickStreet Data Systems Inc, but also because it can overload BrickStreet Data Systems Inc’ network and disrupt service to BrickStreet Data Systems Inc’ subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, BrickStreet Data Systems Inc will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore BrickStreet Data Systems Inc reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should BrickStreet Data Systems Inc choose to pursue and prosecute.
Audio/Video Streaming is not hosting friendly. As such, BrickStreet Data Systems Inc does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.
BrickStreet Data Systems Inc does not allow adult content and will suspend/terminate any offending account.
Large File Policy:
BrickStreet Data Systems Inc is not for file hosting and distribution – as such, customers may not host any files larger than 50MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail email@example.com.
Obscene Speech or Materials:
Using BrickStreet Data Systems Inc’ network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. BrickStreet Data Systems Inc is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
Defamatory or Abusive Language:
Using BrickStreet Data Systems Inc’ network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.
Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.
Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.
Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points outside the United States.
BrickStreet Data Systems Inc reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.
Engaging in activities, whether lawful or unlawful, that BrickStreet Data Systems Inc determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. BrickStreet Data Systems Inc will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with BrickStreet Data Systems Inc’ policy or applicable law. However, when BrickStreet Data Systems Inc becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by BrickStreet Data Systems Inc.
BrickStreet Data Systems Inc is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching BrickStreet Data Systems Inc’ facilities from those subscribers may have originated from a customer of the subscriber or from another third party. BrickStreet Data Systems Inc does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. BrickStreet Data Systems Inc reserves the right to directly take action against a customer of its subscribers. Also, BrickStreet Data Systems Inc may take action against the BrickStreet Data Systems Inc’ subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, BrickStreet Data Systems Inc anticipates that subscribers who offer Internet services will cooperate with BrickStreet Data Systems Inc in any corrective or preventive action that BrickStreet Data Systems Inc deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of BrickStreet Data Systems Inc policy.
BrickStreet Data Systems Inc will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. BrickStreet Data Systems Inc may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, BrickStreet Data Systems Inc may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. BrickStreet Data Systems Inc assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, BrickStreet Data Systems Inc may disclose subscriber information or information transmitted over its network where necessary to protect BrickStreet Data Systems Inc and others from harm, or where such disclosure is necessary to the proper operation of the system. However, BrickStreet Data Systems Inc will never sell information to other services or outside companies.
BrickStreet Data Systems Inc expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber’s failure to comply with those laws will violate BrickStreet Data Systems Inc policy. Finally, BrickStreet Data Systems Inc wishes to emphasize that, in signing the Service Agreement, subscribers indemnify BrickStreet Data Systems Inc for any violation of the Service Agreement, law or BrickStreet Data Systems Inc policy resulting in loss to BrickStreet Data Systems Inc or the bringing of any claim against BrickStreet Data Systems Inc by any third party. This means that, if BrickStreet Data Systems Inc is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will be responsible for payment of any damages awarded against BrickStreet Data Systems Inc, plus costs and reasonable attorney’s fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including BrickStreet Data Systems Inc and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of this AUP should be sent to firstname.lastname@example.org.