Hosting Terms of Service
Keeping your site online is our top priority. To prove it, we have created a set of policies that define our contractual promise to our valued clients which include our service level guarantees, terms of service, privacy and copyright policies. These policies enable us to provide unbeatable support that you can trust.
Terms of Service (revised January 7, 2019)
The use of web hosting services from Bracewell Web Works constitutes agreement to these terms.
1. Account Setup
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 a contact email address which is not at the domain(s) which you are using for your hosting account. 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 that the email address on file is current at all times. Providing false contact information of any kind may result in the termination of your account, and failing to update your contact address may result in your missing an important announcement or other news.
All services provided by BRACEWELL WEB WORKS may only be used for lawful purposes. The laws of the State of Colorado and the United States of America apply.
The customer agrees to indemnify and hold harmless BRACEWELL WEB WORKS from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email firstname.lastname@example.org with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.
Examples of unacceptable material include:
Adult content sites
IRCD (irc servers)
image hosting sites
mail bombers/spam scripts
commercial audio streaming
High-Yield Interest Programs(HYIP) or related sites
investment sites (FOREX, egold exchange)
sale of any controlled substance without prior proof of permit
Prime Banks Programs
hacker focused sites/archives/programs
sites promoting illegal activities
forums and/or websites that distribute or link to warez/pirated/illegal content
bank debentures/bank debenture trading programs
fraudulent sites (including, but not limited to, sites listed at aa419.org & escrow-fraud.com)
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. BRACEWELL WEB WORKS may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.
Failure to respond to email from BRACEWELL WEB WORKS within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket/email and will have a response within 48 hours.
If in doubt regarding the acceptability of your site or service, please contact us at email@example.com and we will be happy to assist you.
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice, as will any site hosting any other pornography. Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
3. Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. Any user who sends out spam will have their account terminated without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately terminated.
We reserve the right to require changes or disable as necessary any website, account, database, or other component that does not comply with this policy, at our sole discretion. We also reserve the right to make any such modifications in an emergency at our sole discretion.
We reserve the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee. The cost of the cleanup fee is left entirely to the discretion of BRACEWELL WEB HOSTING.
4. Payment Information
You agree to supply appropriate payment for the services received from us, in advance of the time period during which such services are provided. You agree that until and unless you notify BRACEWELL WEB WORKS of your desire to cancel any or all services received, those services will be billed on a recurring basis. Cancellations must be done in writing via email. Rates can increase at any time without notice.
As a CLIENT of BRACEWELL WEB HOSTING, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. If an invoice becomes more than 14 days overdue your account will be temporarily suspended until payment is made, and a $35.00 late fee will be added to the invoice. Accounts not paid after 40 days will be terminated. It is your responsibility to make sure that you have a backup of your website; one will not be provided after termination of an account.
It is the customer’s responsibility to notify us via email at firstname.lastname@example.org after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and BRACEWELL WEB WORKS cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain’s renewal.
5. Backups and Data Loss
If you are our Site Care client, we back up your site daily and store it in a cloud based storage facility.
Your use of the service is at your sole risk. While we do daily backups as a courtesy, both onsite and offsite, you should not rely upon those procedures to keep your content safe. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers. We require a $15 fee to restore a backup from our onsite or offsite facility (no fee if you provide your own backup file). Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by BRACEWELL WEB WORKS.
BRACEWELL WEB WORKS is not your IT Department. We will gladly assist you with hosting-related issues but that is the limit of our ability to provide technical support.
6. Cancellation and Refunds
We reserve the right to cancel an 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.
Customers may cancel at any time. Cancellations must be done in writing via email. We provide an unconditional 30-day money back guarantee on managed shared hosting. Refund requests after 30 days will be refunded on a prorated basis of any unused time. There is no refund of setup fees or domain name fees.
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
Violations of the Terms of Service will waive the refund policy.
7. Resource Usage
Users may not initiate the following:
- Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
- Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any gaming servers such as counter-strike, half-life, battlefield1492, etc.
- Run cron entries of less than 15 minute intervals.
- Participate in file-sharing/peer-to-peer activities.
- Run any bit torrent application, tracker, or CLIENT. You may link to legal torrents off-site, but may not host or store them on our shared servers.
- When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)
The use of more than 250,000 inodes on any account may potentially result in a warning first and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage. Every file (a web page, image file, email, etc) on your account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension.
The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here.
8. Mailing List Policy
The list must be a Double Opt-In list. This means a user has subscribed for a newsletter or other email marketing messages by explicitly requesting it and confirming the email address to be their own. Confirmation is usually done by responding to a notification/confirmation email sent to the email address the end user specified. The double opt-in method eliminates the chance of abuse where somebody submits someone else’s email address without their knowledge and against their will.
You will not be permitted to mail any mailing list that you were given or that you purchased. In doing so, this will also be considered spamming and may result in termination of the offending account.
Any unsolicited e-mail being sent will result in suspension or termination of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail and other forms of spam.
Any mailing list MUST comply with all guidelines set forth by the United States government. These can be found at: http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm.
Any mailing list larger than 5,000 emails will require its own dedicated hosting solution. Please note that dividing one large list into smaller lists to get below this limit is not allowed.
9. Mailing List Limits
There is a 1,000 outgoing email hourly limit per domain. The purpose of this is not to restrict your activity – it is to safeguard all CLIENTs on the server. If you send over this amount in any hour, most of the emails will bounce back with an undeliverable error. If this occurs, it will then take some time for your account to be able to send again so we recommend waiting at least 1 hour after this issue occurs to begin sending email again.
Many of our servers have a limit of 30 POP3/IMAP checks per hour per IP address. If you go over this you’re likely to get a wrong password error message or an error stating “login incorrect.” If this occurs, please wait an hour and it will automatically unblock you. To prevent this from happening again, please make sure to disable auto checking in your email program or at least set it to something higher such as once every 10 minutes.
10. Bandwidth Usage
You are allocated a monthly bandwidth allowance which varies according to the hosting package purchased. Should your account exceed 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 of $2.00 per gB, suspend the account until you upgrade to a higher level hosting 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.
11. Uptime Guarantee
We guarantee that our servers will be up and functioning 99.9% of the time per month. The allowance of 0.1% each month allows us time for repairs, routine maintenance, and unforeseen events that may arise.
Downtime is referred to as our network equipment being down. Since we have no control over the Internet, we make no guarantees that you will be able to access your site due to circumstances beyond our control; these may include:
Network conditions, such as between your ISP and our data centers
DDoS or other attacks on our servers
DNS or browser caching issues
12. Basic Account Security
You agree to change your account password at least every 90 days using a randomly generated or other secure password. If you do not comply with this requirement, your password may be changed for you.
You agree to have appropriate computer security software installed and current on any computer you use to access the Internet.
You also agree to keep any scripts (software) running on your account up to date with the latest version. Examples are form scripts, content management systems such as WordPress and Joomla, but not limited to these examples.
Customer may not resell our web hosting.
Customer agrees that it shall defend, indemnify, save and hold BRACEWELL WEB WORKS harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against BRACEWELL WEB WORKS, 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 BRACEWELL WEB WORKS against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with BRACEWELL WEB WORKS; (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 BRACEWELL WEB WORKS server.
By using any BRACEWELL WEB WORKS services, you agree to binding arbitration. If any disputes or claims arise against BRACEWELL WEB WORKS or its subsidiaries, such disputes will be handled by an arbitrator of BRACEWELL WEB WORKS choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.
16. Disclosure to Law Enforcement
BRACEWELL WEB WORKS 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.
We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied, for services we provide. We disclaim 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 us and our employees.
18. Changes to the Terms of Service
We reserve the right to revise our policies at any time without notice. Please review them periodically.