We provide web hosting to many clients, and we have a responsibility to protect each client and to provide the best services available. The following guidelines were designed to ensure these obligations are met.
TRAFFIC RESTRICTIONS:
Our packages are all designed to allow for bandwidth maximums, each dependent upon the package that you have chosen for your domain. None of our packages come with unlimited bandwidth. Bandwidth count is reset at the end of each month.When your site/s exceed bandwidth parameters, we monitor bandwidth usage and adjust your billing histories accordingly. When we find a domain has exceeded their bandwidth allotment, we charge $2.00 / GB of overage fees per month to the client's account. If your bandwidth overage charge would exceed the difference between your package, and an upgraded package with bandwidth allotments that would place you within that account packages parameters, we will upgrade your account to that package retroactively instead of charging bandwidth fees. You will be allowed to downgrade if your traffic stays below the original package's bandwidth level for one quarter.
STORAGE RESTRICTIONS:
Brighton I.T. email accounts should not be used for permanent storage of email, and must be cleared periodically. In other words, don't click the "leave mail on server" box found in many popular email clients, do not let mail pile up on the servers.If you go over disk quota, Brighton I.T. will charge a $1 per Megabyte per month penalty for each megabyte that your storage is over your allotment. If you are significantly over quota and your penalty is more than the difference between your account level and the account level that you need for storage based on usage, Brighton I.T. will upgrade your account to the next level to bring you back into compliance.
CPU/MEMORY/MySQL RESTRICTIONS:
Should your account utilize an excessive amount of server resources (including, but not limited to, CPU processing percentage, memory usage, and MySQL) for a sustained period of time, Brighton I.T. reserves the right to request that you either upgrade your web hosting service package or reduce your account's use of resources to an acceptable level. High CPU load/Memory/MySQL is defined as using an average of more than X% of the server processor in a 24 hour period beginning and ending at midnight, as determined by our server.
| Account Level | %CPU | %MEM | MySQL Processes |
|---|---|---|---|
| Intro | 0.20 | 0.05 | 0.05 |
| Junior | 0.40 | 0.07 | 0.07 |
| Jaz | 0.60 | 0.10 | 0.10 |
If resource usage for any of these defined resources falls into another account level for 7 days in a row and you do not respond to our emails, Brighton I.T. will upgrade your account to cover the resource usage. Excessive Resource usage that puts the server in imminent harm or imminently negatively affects services and resources for other clients may cause the site to be temporarily suspended.
MAILING RESTRICTIONS:
Forwarding email off the server to your ISP is prohibited. You may only use forwarding to forward email to email addresses within the server itself, or to a repository email account on the server which can then pull the email off of the server via POP or IMAP.
MASS-MAILING RESTRICTIONS:
Sending mass unsolicited email is considered spam. Unsolicited email is defined as email sent to a recipient who has not double-opted in to mailings from the Customer. Senders of mass mailings must maintain complete and accurate records of all opt-ins, including the email and its headers if applicable, and provide such records to Brighton I.T. upon request. If positive and verifiable proof of opt-in cannot be provided, complaints from recipients of the mailing are considered proof they did not subscribe and the mailing is unsolicited.
Brighton I.T.'s mass mailing rules also apply to mailing lists, list servs, or mailing services contracted for by Customer. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for e-mail information using a double opt-in process or that has made their e-mail address available to Customer for distribution of information. The list must also allow for automatic removal by all end Customers with non-distribution in the future.
All customers are advised of the following mailing restrictions:
KNOWLEDGE LEVEL:
Use of Brighton I.T.'s service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge required will vary depending on what you wish to implement on your site. By signing up you agree that you have the necessary knowledge to create and use your web site services and that it is not our responsibility to provide this knowledge outside of our defined services and support. If you want to learn while doing here, great - but be prepared to read a lot. Brighton I.T. Solutions offers web site design and consulting for a fee.
Server Updates:Brighton I.T. reserves the right to update its servers at anytime. Brighton I.T. will not be held responsible for customer site scripting or content which has not been updated to function with updated server software.
Dynamic ScriptsYou are free to use any dynamic scripts you wish that fall within our acceptable use policy, however we reserve the right to disable any dynamic script that effects normal server operation without prior warning. No dynamic scripts may email more than 100 emails at a time, and if any dynamic programs disable the server in any way and we feel there is reason to believe that continued access to the server by the account holder puts the normal operation of the server in jeopardy, your access/the program will be restricted and/or your account will be suspended/deleted. There is a $50.00 fee per incident if we have to deal with this situation due to negligence. Technical support for dynamic scripts that you install is not included with your hosting service. If you install it, you have to figure it out. Brighton I.T. Solutions is happy to provide Web Design and Consulting for an additional fee. For additional guidelines see our Abuse Policy.
Background Running Programs
We do not allow our customers to run background running programs on any of our machines without prior consultation with Brighton I.T.
BillingAll issued invoices are due by the posted due date without exception, and payments not received by that date will cause your account to be suspended.
There are no refunds issues for account pre-payment. In the event of a requested cancellation date that falls before the end of an already paid-for period, Brighton I.T. will not issue a refund unless cancellation takes place within the first 30 days of the account.
30-Day Money Back Guarantee applies to hosting fees only. If Money Back Guarantee is requested, refund will be made within three days only via the same method of payment use for initial payment. Refunds are not available for domain names, ssl certificates, alternate payment fees, or fines.Transfer of Liability (Reselling):
Full accounts may be resold, however, the primary account holder is responsible for all technical support for all accounts under his or her account. You may not resell individual services within any account, such as web space, emails accounts, or mailing lists. Brighton I.T. is not completely transparent to your users, and we do not offer totally private label reselling options.
Content:All services provided 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 us harmless from any claims resulting from the use of the service which damages the subscriber or any other party.
Commercial pornography content for fees is prohibited on all our servers. We will be the sole arbiter in determining violations of this provision.
Sites that promote any illegal activity or present content that may be damaging to our servers or any other server on the internet are additionally prohibited. Links to such materials are also prohibited.
Examples of unacceptable content or links:We will be the sole arbiter as to what constitutes a violation of this provision.
Commercial Advertising - E-mail:
Spamming, or the sending of unsolicited e-mail, from our server or using an e-mail address or domain that is maintained on our machine as reference is STRICTLY prohibited and you will be assessed a $500.00 fine to cover the cost of our staff having to invest time in getting the server secure, and unblacklisted. If the fine is not paid, all unpaid service fees and any domain names held through us will be forfeited. We will be the sole arbiter as to what constitutes a violation of this provision.Backups:
Full backups are made weekly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. If data loss occurs due to negligence of client in securing their account or by an action of the client, Brighton I.T. will attempt to recover the data from the most recent archive for a $20.00 fee.Server Abuse:
Any attempt to undermine or cause harm to a server, or customer is strictly prohibited. Any abuse of shell access will result in shell access being removed for that account.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 must adhere to the above policies.Cancellation of Service:
We require 30 days notice before you cancel your account though we may waive that upon request at our sole discretion, however, cancellations that take place less than 30 days that are allowed to be canceled will be done so for Brighton I.T. account credit only. Transferring your domain to another provider does not constitute canceling your Brighton I.T. account. You must notify Brighton I.T. to formally cancel your account to avoid being liable for further charges. Brighton I.T. will close any accounts that we have determined to be abandoned by its owners, whether by inference (non-payment) or statement by account owner publicly or privately.Technical Support Policies:
Brighton I.T. provides free support directly related to our hosting services and the server software we use to the primary account holder only. The primary account holder is required to email us at support@brightonit.net from their registered email address to receive technical support. Our free support does not cover issues with web site design, debugging scripts or web site issues or anything not directly related to your hosting account.Violations Actions:
Brighton I.T. may take any one or more of the following actions in response to complaints:The aforementioned list of actions shall not be construed in any way to limit the actions or remedies that Brighton I.T. may take to enforce and ensure compliance with these Terms. Brighton I.T. reserves the right to recover any and all expenses in connection with a client's violation of this TOS.
Disclaimer:
Brighton I.T. will not be responsible for any damages your business may suffer. Brighton I.T. makes no warranties of any kind, express or implied for services we provide. Brighton I.T. disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, and any and all service interruptions caused by Brighton I.T. and its employees or any companies Brighton I.T. may contract. Customer agrees that it shall defend, indemnify, save and hold Brighton I.T. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Brighton I.T., its agents, its customers, officers, contractors and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns.