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 also notify our clients via email when these terms are modified.
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Service Description
Brownrice Internet, Inc. provides internet web and email hosting and associated services and maintains dedicated server computers, other equipment and software which is integrated with the internet..
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Conditions
The Customer's application and 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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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 hosting service on the internet. All services, unless otherwise agreed to in writing, are billed via email only. All service billing periods are quarterly and are due during the first month of each billing period. In the event that the Customer fails to pay for such services withing the first month of said billing period, Brownrice Internet, Inc. shall be entitled to suspend the Customer's service without notice until payment is made. A US $45.00 restoral fee will be charged to re-enable web and email hosting services that have been suspeneded.
A US $25.00 service fee will be charged for all returned checks.
A US $25.00 service fee will apply to each credit card chargeback (multiple chargebacks will each be billed $25.00 each). If a customer initiates a chargeback, then their account will be immediately suspended and the suspension will only be removed once the chargeback is reversed by the customer.
The customer will continue to be billed until the customer cancels their hosting account by emailing billing@brownrice.com. Brownrice Internet, Inc. will not deactivate hosting for a domain without an email from an authorized client address. 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 be re-paid within 30 days.
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Restrictive Use
Please see our Acceptable Use Policy (AUP)
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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.
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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 California 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 San Francisco County, California. 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.