Terms of Service
By using Brainstorm Solutions services, you agree to comply with our Acceptable Use Policy. You are expected to have access to a computer which is connected to the Internet to use our services and we expect you to possess a basic knowledge of the Internet and computer function. The spirit of this policy is to guide you to use our services with due regard to the rights of other Internet users and in conformity with our network environment. Please note that this is a condensed version of our policies. We have several areas of policies.
Definitions:
Host: Brainstorm Solutions
User: In the instance where company name/association name is provided at first User sign up, the User will be the Company/Association. In the instance where no company/association name is provided at first User sign up, the User will be the deemed to be the individual listed on the contact details.
Package : Domain registration, re-registration, hosting plan
Disclaimer:
The Client is the person or entity who is applying or who is receiving Web Hosting Services from Brainstorm Solutions.
The Web Hosting Service is provided on an “AS IS, AS AVAILABLE” basis. Brainstorm Solutions gives no warranty, express or implied, for the Web Hosting Services provided this no warranty expressly includes any reimbursement for losses of income due to disruption of services by Brainstorm Solutions or its providers beyond the fees paid by client to Brainstorm Solutions for services.
Client will use the Web Hosting Services in a manner consistent with any and all applicable laws of the Federal Republic of Germany.
Use of any information obtained by way of Brainstorm Solutions is at Client’s own risk, and Brainstorm Solutions holds no liability for such use.
Brainstorm Solutions is not responsible for any damages arising from Client’s use of Brainstorm Solutions or by Client’s inability to use the Web Hosting services for any reason.
While Brainstorm Solutions shall make every reasonable effort to protect data stored on Client’s Server(s), Brainstorm Solutions is not responsible for Client’s Data, files, or directories residing on Brainstorm Solutions’s equipment. Client is solely responsible for maintaining data, file, and directory structure backups. Whilst Brainstorm Solutions performs regular backups we are unable to guarantee the availability of this service. Brainstorm Solutions has in place redundant backup services. However these services are automated and quality of the backup will not be known until a restore is attempted.
Brainstorm Solutions is pleased to offer additional backup options which include downloading of your site to CD. We can provide this service in two fashions. One is that the site is Backed Up to CD and posted through registered mail or alternatively we can backup to CD and hold the copy at our Adelaide Office. Additional charges apply to this service. Please contact sales@zoop.com.au for more information.
The customer is required to provide Brainstorm Solutions with correct and up to date contact details for billing and technical notification purposes. Brainstorm Solutions takes no responsibility for disruption to services due to inability to contact the customer.
Ownership of Packages:
When a User creates a Package, the User is responsible for all Packages and costs that are incurred under that User.
Suspension of User Account:
Outstanding invoices/ debts relating to any Package under a User account can result in all Packages been suspended, without notice.
If a User is suspended and are subsequently reactivated there can be a 25,-$US fee incurred.
If a User is suspended any previous deals/special offers can be withdrawn. The User will be required to move to the closest appropriate Package that is available at that point in time if they are reactivated.
Change of User Contact Name Details:
In the case where a User is deemed to be a company, the User contact name details can only be changed upon the provision of a received fax to the fax number provided by us the Provider. A User headed fax must outline the old contact details, their password as security and the new contact details, subject to the following rules:
Rules for changing User contact details:
The User must agree to maintain all Packages in the User account.
If User does not agree to maintain all Packages, the Packages that are not agreed will be removed subject to 1.1. All other Packages will be moved to a different User account, subject to the terms in “Transfer of Packages between Users”.
Users that are deemed to be individuals must follow terms in “Transfer of Packages between Users”
Transfer of Packages between Users:
In the case where the User is deemed to be an individual and the User wants to transfer responsibility of maintaining a Package, the User has to notify us.
A new User will have to sign up a new Package agreement detailing that the Package already exists under a different User. No credit will be given.
If a Package has outstanding debts and is signed up by a new User, any outstanding debts relating to the Package have to be paid first, a transfer fee of $90 can be incurred for transferring the data relating to the new Package.
Illegal Usage:
Brainstorm Solutions servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots. The Client agrees to indemnify and hold harmless Brainstorm Solutions from any claims resulting from the use of the service that damages the Client or any other party.
Brainstorm Solutions will be the sole arbiter as to what constitutes a violation of this provision.
Server Abuse:
Any attempts to undermine or cause harm to a Brainstorm Solutions server or Client of Brainstorm Solutions is strictly prohibited.
Any sub-networks of Brainstorm Solutions and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice.
Adult Content:
Brainstorm Solutions does not allow sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited.
Security:
Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Server Resource:
Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra (which depends on the resource needed) or reducing the resource used to an acceptable level. Brainstorm Solutions shall be the sole arbiter of what is considered to be a high server usage level.
Any site which has a negative impact on the server may be suspended without notice.
CGI Scripts:
Cgi script sharing with domains not hosted by Brainstorm Solutions is not allowed. Any cgi-scripts deemed to be adversely affecting the server performance or the network integrity will be shut down without prior notice. We do not allow ANY Matt Wright script to be installed on our servers. For a list of the Matt Wright banned scripts, please see: http://www.scriptarchive.com
Chat Rooms:
Brainstorm Solutions does not allow clients to install their own chat rooms. Chat rooms tend to use an unusually large amount of system resources and we cannot permit it as an account option.
Background Running Programs and Cron Jobs:
Brainstorm Solutions may allow programs to run in the background. These programs will be considered on an individual basis and extra charge will be incurred based on system resources used and operational maintenance needed. If you wish to run background programs please contact our support department before doing so.
IRC:
Brainstorm Solutions does not allow IRC or IRC bots to be operated on our servers.
UCE (Unsolicited Commerce Email) - SPAM:
Spamming, or the sending of mass unsolicited email, from or through a Brainstorm Solutions server or using an email address that is maintained on a Brainstorm Solutions machine or advertising a site hosted on a Brainstorm Solutions machine is STRICTLY prohibited. Brainstorm Solutions will be the sole arbiter as to what constitutes a violation of this provision. If you engage in any of the foregoing activities using the service of another ISP or IPP, but channeling activities through a Brainstorm Solutions server as a maildrop for responses, you are in violation. Violators will face an immediate account suspension or deletion.
If you are in any doubt you should contact us prior to sending any mail. Refunds will NOT be issued for suspended or deleted accounts
Software Distribution:
Brainstorm Solutions’s web hosting accounts are not to be used for the purposes of distributing software and multimedia products, including bulk MP3’s. If you wish to distribute software and/or multimedia files, please contact for special arrangement.
Multimedia Files:
Multimedia files are defined as any graphics, audio, and video files. Brainstorm Solutions web hosting accounts are not to be used for the purposes of distributing and storing unusual amount of multimedia files. Any Web site whose disk space usage for storing the multimedia files exceed 70% of its total usage, either in terms of total size or number of files, will be deemed to be using unusual amount of multimedia files. An exception to this rule will be granted for uncompressed (non-Zipped) *.swf files (Macromedia Flash™) that are used in a responsible manner. This format can be efficiently used to build entire websites, thereby replacing a large portion of the HTML normally necessary.
Database:
Any database stored on Brainstorm Solutions servers shall be limited in size to 20% of the total disk space allotted for a particular domain.
Billing:
Please note that Brainstorm Solutions will send you one (1) invoice to the e-mail adress you named as contact. No further invoices are send. It’s the clients responsibility to pay amounts due in time.
Please remember that payments are due by your renewal date. Please allow ample time for the post office or bank processes to process your payment.
Cutoffs apply to delinquent accounts. Accounts are considered delinquent 5 days following the due date. A reconnect fee of 25,-$US will be applied to all delinquent accounts.
If circumstances arise where you require an extension to pay your account please contact us so that we can arrange payment options. Failure to do so may result in your account being terminated. If your account is terminated you risk losing the data you have on the server. It is important that you notify us in the event of you being late on a payment to prevent data loss.
Access:
The control panel requires access to port 2082 through your Internet provider. Most ISP’s allow access to this port by default, however if you are unsure you should check with your ISP prior to opening an account with Brainstorm Solutions. Clients on networks behind a firewall may need access to the config to allow access to port 2082.
Refunds:
We offer a 30 day money back guarantee. If you are not 100% satisfied within the FIRST 30 days of hosting with us please contact our accounts department for a complete refund. NB: This offer applies to web hosting only, domain names and security certificates are not included in this offer. Hosting accounts cancelled after this period will not be refunded.
Actions Taken by Brainstorm Solutions:
When Brainstorm Solutions becomes aware of an alleged violation of its Usage Policy, Brainstorm Solutions will initiate an investigation. During the investigation Brainstorm Solutions may restrict Clients access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, Brainstorm Solutions may, at its sole discretion, restrict, suspend, or terminate Clients account and/or pursue other civil remedies. If such violation is a criminal offence, Brainstorm Solutions will notify the appropriate law enforcement department of such violation.
Brainstorm Solutions does not issue service credits for any outages incurred through service disablement resulting from Policy violations.
Modification:
Brainstorm Solutions reserves the right to add, delete, or modify any provision of this Usage Policy at any time without notice.
Agreement and Acceptance:
In order to maintain a high quality of service all sites and web hosting plans are subject to the terms and conditions of the Brainstorm Solutions Acceptable Use Policy. Sites can be cancelled without refund and Clients and/or their agents may be subject to legal prosecution if found in violation. Placing an order and subsequent submission to a server of web site data, including files, images and text are proof of the Client’s agreement and acceptance of the terms and conditions of the Acceptable Use Policy. Clients agree they have read and understood the terms and conditions of the Acceptable Use Policy before ordering any plan.
