By signing up with our service, Customer hereby agrees to the following:
In consideration for hosting services to be delivered, Customer agrees to be bound to the following terms:
Customers shall not allow the posting, transmission, or storage of data and content on or through the services which, in Branica's sole determination, constitutes a violation of any relevant law, regulation, ordinance, or court order. Customers shall be responsible for determining what laws or regulations are applicable to their use of the services. Prohibited content includes, without limitation, (a) content or code that facilitate any violation of, or describe ways to violate, this ToS or (b) "harvested" addresses or information, (c) "phishing" web sites, (d) "link farms", or (e) "spamvertising" sites.
System and Network Security
Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. Branica investigates all incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected.
Examples of system or network security violations include, without limitation, the following:
Mass Mailings. Branica has a zero stance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Branica whether or not the message actually originated from our network.
Mailing Lists: Branica's mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal by all end Customers with non-distribution in the future.
If your actions have caused Branica mail servers or Branica IP address ranges to be placed on blackhole lists and other mail filtering software systems used by companies on the internet, you will be assessed a $100 charge to your account and $25 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.
Violation of the above terms will result in one or all of the following:
Branica hosting accounts may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Creating, utilizing, or distributing unauthorized copies of software are a violation of federal and state law. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. Branica will cooperate with all law enforcement agencies in relation to alleged copyright infringement housed in our datacenters.
Should your website utilize an excessive amount of server resources (including, but not limited to, CPU processing time, memory usage and network resources) for a sustained period of time, Branica reserves the right to request that you either upgrade your web hosting service package or reduce your website's use of resources to an acceptable level. Branica will be the sole arbiter of what is considered to be an excessive amount of server resources. Branica reserves the right to suspend or shut down any web hosting account deemed to adversely affect server performance or network integrity.
Suspension and Cancellation
Branica reserves the right to suspend service to any Customer for violation of the Terms of Service. Branica will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference as reasonably possible. Branica reserves the right to terminate service without notice for continued and repeated violations of the ToS. Continued violations of the TOS resulting in cancellation of services will also result in a fee in the amount of $100 and contract acceleration for all amounts outstanding under the contract term.
Service Level Agreement
Branica endeavors to have network connectivity available for HTTP access by third parties 99.5% of each month ("Web Site Availability"). In the event that there is no Web Site Availability, Branica will credit the monthly service charge for the Service at the rate of 5% for every 30 minutes past 99.5% availability in a given month. Credits shall not be provided in the event that there is no Web Site Availability resulting from (i) scheduled maintenance, (ii) Customer behavior or the performance or failure of Customer applications, or (iii) circumstances beyond Branica's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation). Branica is not responsible for any additional loss and/or damage as a result of no Web Site Availability. While Branica attempts to keep regular backups of data stored on our systems, Branica does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, the client is responsible for making backups of data. Branica does not guarantee that its backup procedures will prevent the loss of, alteration of, or improper access to our clients' information.
Resellers are responsible for the conduct of their Customers and by agreeing with this AUP, agree that their Customers will adhere to the AUP. Resellers should make their perspective Customers aware of the AUP and the consequences for violation.
Customer agrees that it shall defend, indemnify, save and hold Branica harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Branica, its agents, its customers, servants 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 Branica against Liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with Branica's service, any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party, copyright infringement, or any defective product which Customer sold on Branica's service.
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to choice of law provisions that would cause the application of the law of another jurisdiction.