Welcome to BrataWebbie |
Last Amended On: May 14, 2010 |
The use of services from BrataWebbie.com, (owned by Brata Web Media, Inc.) [hereafter referred to as "BrataWebbie"] constitutes agreement to these terms.
You may view our Privacy Policy here.
1.) Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
2.) Domain Registration & Transfers
For the life of your contract with BrataWebbie, you will not be charged any domain registration fees as they are included in your monthly service fee. The free domain registration fee only applies to new domains registered through BrataWebbie during initial signup. If you already own a domain name, you will be responsible for paying for the domain registration fees on your own.
If you already own your domain prior to signing up with BrataWebbie, we will make every effort to help you point your domain name to our servers and your new website hosted on our servers. Helping you change your domain DNS information is provided as a courtesy service, and we cannot make guarantees regarding the availability, possibility, or time required to complete an account transfer.
3.) Content
All services provided by BrataWebbie may only be used for lawful purposes. The laws of Canada and the Province of Ontario apply. The customer agrees to indemnify and hold harmless BrataWebbie (Brata Web Media Inc.) from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited.
Using a shared account as a backup/storage device is not permitted.
BrataWebbie services, including all related equipment, networks and network devices are provided only for authorized customer use. BrataWebbie systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of BrataWebbie system(s) constitutes consent to monitoring for these purposes.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via support ticket/email and will have a response within 48 hours.
Direct customers: Your services will be terminated with or without notice.
4.) Licenses to Your Content
You may upload to BrataWebbie, for use in your website, any content to which you have the rights. You agree not to include in your content any content for which you don't have sufficient rights and agree to comply with the third-party license (if any) and restrictions applicable to each item of content you post, copy, access, or use.
You hereby grant BrataWebbie a worldwide, sub-licensable, royalty-free license to use, reproduce, modify, distribute, publicly display, publicly perform, and create derivative works of Your Content for the purpose of hosting and making your website available on BrataWebbie.com.
BrataWebbie takes no responsibility for any content located in your website and BrataWebbie has no obligation to monitor such content or your website.
5.) Design & Revisions
Once you have placed an order with BrataWebbie, BrataWebbie will create a design based on the responses in your questionnaire and any graphics, photos, images and logos you send us to implement into the design. BrataWebbie will offer one (1) free set of revisions to your design.
“Revisions” consist of changes to anything regarding the color scheme, wording, text size & style and placement of your photos and/or imagery & graphics. Anything outside this scope of revisions is subject to individual review and will be charged at an hourly rate depending on the complexity of the requested revisions.
6.) BrataWebbie Marks; Templates
BrataWebbie reserves the right to include within your website applicable BrataWebbie copyright and trademark notices for BrataWebbie.com and links to the Terms of Service, Privacy Policy and other Guidelines. All notices and links will be displayed consistently in such form and placement as determined by BrataWebbie. For purposes of this agreement, all templates offered by BrataWebbie are copyrighted material and are considered part of BrataWebbie.com. Such templates are offered for use to BrataWebbie users under license only, and are not offered for sale or unbridled use. Such license limits use of BrataWebbie templates to Websites hosted by BrataWebbie through BrataWebbie.com. BrataWebbie templates may not be transferred to or hosted on another web host or Internet Service Provider.
7.) Support and Interaction
BrataWebbie provides you the ability to edit and enhance your website(s). To enable a great experience for all users on BrataWebbie.com, you must ensure each website you create or manage does not unduly degrade the performance of BrataWebbie.com. If your website(s) exceed the quotas and limitations set by BrataWebbie (e.g., storage or bandwidth) or otherwise degrade performance of BrataWebbie.com or other services in any way, we may suspend and/or terminate your website(s) at our sole discretion.
8.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
BrataWebbie reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of BrataWebbie.
9.) Payment Information
You agree to supply appropriate payment for the services received from BrataWebbie, in advance of the time period during which such services are provided. You agree that until and unless you notify BrataWebbie of your desire to cancel any or all services received, those services will be billed on a recurring basis. Services are billed at the beginning of your service cycle. For example, if you pay the monthly fee on the 1st of February, you are paying for services for the entire month of February.
Cancellations must be done in writing via e-mail by logging into the client area and filling out the appropriate form. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been cancelled. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.
As a client of BrataWebbie, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. BrataWebbie provides a 10 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full.
Invoices that have been paid more than once can only be added as credit towards the account and cannot be refunded. If you require assistance with this provision, please contact us here.
BrataWebbie reserves the right to change the monthly payment amount and any other charges at anytime.
9b.) Fee Structure
Setup / Administration Fee: BrataWebbie charges an initial setup / administration fee that covers labor costs for installation, configuration, customization, design modification, account setup and client communication.
Monthly Service Fee: BrataWebbie charges a monthly service fee that covers domain registration costs, website hosting costs, e-mail management costs, technical support services and on-going enhancements and modifications to the BrataWebbie platform.
Hourly Rate: BrataWebbie charges an hourly rate for any customized services not provided within our standard package. This includes any changes or modifications to your website above and beyond the amount of free revisions and changes we currently provide.
10.) Taxes
You are responsible for paying any governmental taxes imposed on your use of BrataWebbie.com, including, but not limited to, sales, use, or value added taxes. If requested, you will promptly furnish to BrataWebbie the applicable receipts and/or certificates regarding such remittances as soon as reasonably practicable. To the extent that BrataWebbie is obligated to collect such taxes, the applicable tax will be added to your billing account.
11.) Backups and Data Loss
Your use of the service is at your sole risk. BrataWebbie is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on BrataWebbie servers.
12.) Cancellations and Refunds
BrataWebbie reserves the right to cancel the account at any time with or without notice.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
There are no refunds on setup / administration fees, installation fees for custom software, domain name purchases or any custom work billed beyond the original package. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
The cost of 1 year of domain name registration will be deducted from any amount refunded to you.
If you cancel your account and want to retain ownership of your domain, you will be required to seek out a domain name registrar and transfer your domain registration information to them. You will be responsible for paying the fees associated with the upkeep of your domain through a third party.
You may cancel your account at anytime. If you have prepaid for any month(s) of service, the amount you have prepaid (excluding the amount paid for the current month) will be refunded to you. For example, if you paid for 6 months of service and cancel in the middle of your first month, we will only refund the remaining 5 months of service to you.
The initial setup / administration fee may be eligible for a full refund as determined by our staff on a case-by-case basis.
Violations of the Terms of Service will waive the refund policy.
13.) Bandwidth Usage
You are allocated a monthly bandwidth allowance of 10 Gigabytes. Should your account pass the allocated amount, we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
14.) Uptime Guarantee
If your shared server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of BrataWebbie dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services.
15.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold BrataWebbie harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against BrataWebbie, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless BrataWebbie against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with BrataWebbie; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from BrataWebbie's server.
16.) Applicable Laws
These Terms of Use shall be governed and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. The courts of the Province of Ontario shall have exclusive jurisdiction over all disputes. The parties agree that jurisdiction and venue in such courts is appropriate and irrevocably attorn to the jurisdiction of such courts.
17.) Disclaimer
BrataWebbie shall not be responsible for any damages your business may suffer. BrataWebbie makes no warranties of any kind, expressed or implied for services we provide. BrataWebbie disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by BrataWebbie and its employees.
18.) Disclosure to law enforcement
BrataWebbie may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
19.) Changes to the TOS
BrataWebbie reserves the right to revise its policies at any time without notice.
20.) Contacting Brata Web Media
You may contact BrataWebbie by using the Contact Us form located here.