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Terms Of Service

Use of BraveWay Service constitutes acceptance and agreement to BraveWay AUP (Acceptable Use Policy) as well as BraveWay TOS (Terms of Service). From herewith in this TOS, AUP, and SLA, the usage of “us”, “we”, “our”, “ours” shall constitute reference to BraveWay, the usage of “you”, “your”, “they”, “them” shall refer to client / customer of BraveWay.

Acceptance of Contractual Agreement

1. Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by BraveWay, that you are agreeing to our TOS, AUP, and SLA. No Modifications of said contract by customer is allowed.

2. BraveWay will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract, AUP, SLA, and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.

What may NOT be hosted on our network:

Warez
IRC
Child pornography
Copyrighted media, includes but not limited to: Video, Music, TV, Radio
Hacking tools / material
Anything that may harm us, the server, or anyone else (mentally, physically)

Network Uptime is the total time in a calendar month that BraveWay network is available through the Internet, provided that Client has established connectivity. BraveWay takes responsibility for Network availability within their network, however, we cannot be held liable for upstream problems, outside of our network. Our guarantee is that our Network will be available to clients free of Network Outages, that render 100% packet loss, 99% of each calendar month

Network Outages or Unscheduled Downtime is any unplanned or unscheduled interruption in Service availability during which Client is unable to access the services as described in the section titled “Network Uptime” above. A Network Outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem in BraveWay Network as confirmed by BraveWay. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.

Scheduled Downtime is any BraveWay scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail with a minimum of 12- 24 hours notice.

SLA Network Violation Credit

Performance Credit exclusions: The following are excluded from the monthly calculation of Service Availability:

Scheduled downtime.
Problems outside of BraveWay network (upstream providers, or client’s inbound connection) not effecting 100% loss to our network.
Interruptions or failure of individual service caused by the client, their employees, client’s customers, etc. to their service.These include inaccurate configuration, 3rd party software, client abuse or over utilization of resources, hacked servers, attacks, exploits, server hardware failures or other users on the server to cause the server to overload which may cause downtime. We will do our best to remove such offenders immediately.
Payments and Fees

Payment is due every 6 or 12 months by credit card or PayPal, an invoice will be raised and can be paid from the Client Area, please note that service may be suspended on accounts that reach 10 days past due, We do charge a 10% late fee. 1

Delinquent Accounts

BraveWay may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.

Account Cancellation

All requests for canceling any service/services must be made in writing with at least 15 days notice but not more than 30 days prior written via email to billing@BraveWay.com include your domain name, last name on credit card in your email.

Refunds and Disputes

All payments to BraveWay are non-refundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, in BraveWay discretion which is valid, under the terms and conditions of our SLA, AUP, and TOS, will result in service interruption, and reconnection fees to restore the desired service.

Inbound/Outbound DDoS Attacks

DDoS is an acronym for Distributed Denial of Service Attack. A type of denial of service attack in which an attacker uses malicious code installed on various computers to attack a single target. An attacker may use this method to have a greater effect on the target than is possible with a single attacking machine. As a BraveWay user, you are ultimately responsible for making sure that your account is secured, and that no rootkits or viruses are on your server.

Violation of this Inbound/Outbound DDoS policy will result in severe penalties. Upon notification of an alleged violation of this policy, whether your server has become the victim of a DDoS Attack or you are deliberately performing the DDoS, BraveWay will invoice the client $10 per DDoS incident and initiate an immediate investigation. During the investigation, BraveWay may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our DDoS policy, BraveWay may, at its sole discretion, restrict, suspend or terminate customer’s account.
As our Customers are ultimately responsible for the actions of their clients over the BraveWay network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

SPAM and Unsolicited Commercial Email (UCE)

BraveWay takes a zero-tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of The Company may not use or permit others to use our network to transact in UCE. Customers of BraveWay may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Violation of BraveWay SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, BraveWay will initiate an immediate investigation (within 48 hours of notification). During the investigation, BraveWay may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, BraveWay may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, BraveWay reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. BraveWay will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an “Administrative Fee” of $250.00 and your account will be reviewed for possible immediate termination. A second violation will result in an “Administrative Fee” of $500.00 and immediate termination of your account. Users who violate this policy agree that in addition to these “Administrative” penalties, they will pay “Research Fees” not to exceed $175.00 per hour that BraveWay personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your servers.
As our Customers are ultimately responsible for the actions of their clients over the BraveWay network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

Important Notice

Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.

System and Network Security

Users are prohibited from violating or attempting to violate the security of the BraveWay Network. Violations of system or network security may result in civil or criminal liability. BraveWay will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing”.
Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Taking any action in order to obtain services to which such User is not entitled.
If your service is abusing our network we have the right to suspend and/or terminate your server without notice. Additional administration fee’s may apply.

Notification of Violation:

BraveWay is under no duty to look at each customer’s or user’s activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
Limits on Account Privileges: Any User, which BraveWay determines to have violated any element of this AUP, shall receive an email, warning them of the violation. The service may be subject at BraveWay discretion to a temporary suspension pending a User’s agreement in writing, to refrain from any further violations.
Account Suspension: Users that BraveWay determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice without issuance of any refunds.
Loss of Preferred Member Status: We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer’s network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you.

Suspension of Service or Cancellation

BraveWay reserves the right to suspend/terminate network access to any customer if in the judgment of the BraveWay network administrators the customer’s server is the source or target of the violation of any of the other terms of the AUP or for any other reason which BraveWay chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete and potentially their account could be terminated without any refunds. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s machines were suspended/terminated.

Responsibility for Content:

You, as BraveWay customer, are solely responsible for the content stored on BraveWay Hosting Services.