Brownrice Terms of Service (TOS)
Terms of Service Agreement (TOS)
This document may change from time to time. Changes go into effect and are applied to all customers from the time that they are posted to the above URL. We will notify our clients via email when these terms are modified.
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Service Description
Brownrice Internet, Inc. provides internet web, email, server hosting, domain registration, and associated services and maintains servers, other equipment and software which is integrated with the internet.
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Conditions
This Agreement constitute a legal and binding contract between Brownrice Internet, Inc. and the Customer and does not extend to any other person or entity.
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Warranties
With respect to the services to be provided herein, the Customer acknowledges that Brownrice Internet, Inc. makes absolutely no warranties whatsoever, express or implied. As a result, the Customer agrees that Brownrice Internet, Inc. shall not be liable to the Customer for any claims, damages, or loss of profit which may be suffered by the Customer or any other entity in any respect for direct, indirect, consequential, actual, or punitive damages arising out of, or in relation to, the services provided herein, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions.
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Service Level Agreement (SLA)
BRI will use commercially reasonable efforts to ensure all “managed” services (servers, streaming servers, virtual servers, web sites, email domains) are available with a Quarterly Uptime Percentage of at least 99.99% during any quarterly billing cycle (the "Service Period") where the outage was "unplanned." In the event BRI does not meet the Service Commitment, Client will be eligible to receive a 100% Service Credit for the corresponding amount of time that the site or service was offline. This credit shall be Client's sole and exclusive compensation for any downtime or other unavailability of BRI's services under this Agreement and must be requested by the Client.
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Information
The utilization of any data or information received by the Customer from the utilization of the service to be provided by Brownrice Internet, Inc. is at the Customer's sole and absolute risk. Brownrice Internet, Inc. specifically disclaims and denies any responsibility for the completeness, accuracy, or quality of information obtained through the services to be provided hereby.
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Payment
Payment is due according to the selected fee schedule following the establishment of the service on the internet. All services, unless otherwise agreed to in writing, are billed via email only. All service are pre-paid quarterly and are due during the first month of each quarterly billing period. In the event that the Customer fails to pay for such services within the first month of a quarterly billing period, Brownrice Internet, Inc. shall be entitled to suspend the Customer's service without notice until payment is made. A US $125.00 per hour restoral fee will be charged to re-enable services that have been suspended and have been paid-for in full. Total restoral fee cost will depend on length of time required by Brownrice staff to restore services.
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Service Cancelation
Customers with active services will continue to be billed until the customer cancels their service by emailing billing@brownrice.com or support@brownrice.com. Brownrice Internet, Inc. will not deactivate active services without an email from an authorized client address. Phone call disconnects will not be honored. The customer is liable for all services rendered and billed up until the time that the account is cancelled. Any pre-paid Hosting charges will be pro-rated and any funds that are due the customer will remain as a credit in the customers Brownrice account. Brownrice will not refund prepaid services that have been canceled for any reason.
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Hosting Upgrades and Security Measures
In order to provide our hosting customers with the highest levels of security and functionality Brownrice upgrades servers hardware and software on a regular basis. Additionally, Brownrice reserves the right to add extra security software to any web site, or server, that Brownrice deems has a security vulnerability. Any adverse affects to the functionality or availability of a customers web site, hosted service, or email, due to the implementation of any of these measures, are the sole responsibility of the customer.
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Forced Upgrades and/or Service Revocation
In order to provide our customers with the highest speeds and reliability for their hosted services we may determine - at our sole descretion - that a client's service is using an unfair amount of the hosting server's resources (CPU, RAM, disk, bandwidth.) In these cases the determining factor for a forced upgrade is that the amount of resources usage used by the client's site will be adversely affecting other client services on the same servers or network. In this event Brownrice Internet, Inc. may move and upgrade the client's service to a more suitable service level and/or may provide notice to the client that they must remove their site from the Brownrice network.
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Domain Registrations
It is the sole responsibility of the customer to maintain ownership of all domain names that are not under Brownrice control. Brownrice has no control over, and no responsibility for maintaining, notifying, or renewing domain name registrations that are not registered with our services.
If domain name registrations are under the control of Brownrice Internet we will automatically renew the domain name if it is associated with an active web site hosting account on the Brownrice Internet servers. If the domain name is not associated with an active Brownrice Internet hosting account, or is an alias name, then Brownrice will email the domain name owner asking if they would like to renew their domain.
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DMCA takedown policy
In the event that a hosting, colocation, or other Brownrice Internet, Inc. client is served with a properly formatted DMCA take-down notice, Brownrice Internet, Inc. will shut down the existing service(s) and notify the client via email. If client removes offending material Brownrice Internet will restore service. Or, if the client provides a proper "counter-notice" claiming that the material does not infringe on copyrights, Brownrice will then promplty notifiy the claiming party of the individual's objection (per second 512(g) of the DMCA). If the copyright owner does not bring a lawsuit in district court within 14 days, Brownrice will then restore the original service.
Repeated infrigers of copywrighted material will have their accounts terminated.
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Restrictive Use
Please see our Acceptable Use Policy (AUP)
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Privacy Policy
Please see our Privacy Policy
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Security Policy
Please see our Security Policy
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Unilateral Service Revocation
In the event that Brownrice Internet, Inc. may at any time believe that the service is being utilized for unlawful purposes by the Customer or in contravention with the terms and provisions herewith, Brownrice Internet, Inc. may immediately discontinue such service to the Customer without liability. This will include failure to pay, illegal activities and/or unsolicited email. Additionally, if a balance is due Brownrice Internet, Inc. and is not paid in full with 60 days of discontinued service date, Brownrice Internet, Inc. reserves the right to sell any assets associated with service, including servers, domains names, and internet traffic.
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Indemnification
The Customer shall indemnify and hold harmless Brownrice Internet, Inc. from any and all loss, cost, expense, and damage on account of any and all manner of claims, demands, actions, suits, proceedings, judgments, costs and expenses that may be initiated against Brownrice Internet, Inc. and Brownrice Internet, Inc.'s officers, directors, and employees for any service provided to Customer by Brownrice Internet, Inc. to include web space content that violates any copyright, proprietary right of any person, state and federal regulations, or contains any matter that is libelous or scandalous.
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Changes in Terms of Agreement
Brownrice Internet, Inc. reserves the right to make changes to the terms and conditions of this Agreement at any time to include service pricing, advising of the change and the effective date thereof, but with changes in service fees being effective only at the end of any period for which the Customer has paid. Utilization of the service by the Customer following the effective date of such change shall constitute acceptance by the Customer of such change(s).
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Entire Agreement and Understanding
This document and services constitute the entire Agreement between the parties, and represents the complete and entire understanding of the parties with respect to the subject matter of this Agreement.
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Relationship
The parties here to are independent entities and nothing contained in this Agreement shall be construed to constitute Customer an agent, employee, partner, independent contractor, joint venturer, or any other similar entity.
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Governing Law
This Agreement shall be governed by the laws of the State of New Mexico in the United States of America. Each party agrees that jurisdiction and venue for any and all claims, disputes or other matters arising out of the services provided herein and under this Agreement will only lie in Taos County, New Mexico. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement and services provided herein, the prevailing party in such action shall be entitled to all reasonable costs to include attorney fees.
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Severability
In the event that any term or provision of this Agreement is held by a court of competent jurisdiction to be illegal, unenforceable or invalid in whole or in part for any reason, the remaining provisions of this Agreement shall remain in full force and effect.
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Confidentiality
Customer acknowledges that any information not generally known by, or disclosed to the public, to include but not be limited to computer programs, source code, algorithms and inventions are the property of Brownrice Internet, Inc. and may not be utilized or released without the express written permission of Brownrice Internet, Inc..
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Interpretation
The format, words and phrases used herein shall have the meaning generally understood in the telecommunications/software/internet industries. This Agreement shall be construed in accordance with its fair meaning and not against the drafting party.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this Agreement for the person or entity herein named as a party hereto. By placing an order telephonically, in writing and/or electronically.