Bravo Solutions Inc.
P.O. Box 8005
Savannah, GA 31412
TERMS OF USE
READ THESE TERMS CAREFULLY BEFORE REGISTERING FOR AN IMAGE HOSTING SERVICE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THESE SERVICES. YOUR CONTINUED USE OF THE SERVICES INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND AS SET FORTH HEREIN. WE RECOMMEND PRINTING A COPY OF THIS AGREEMENT FOR YOUR FILES.
This Agreement (“Agreement”) is between you (“Client”) and Bravo Solutions, Inc., a United States and Florida corporation, (“Bravo Solutions”) as of the date you order an image hosting service (“Service”) from Bravo Solutions. Bravo Solutions is in the business of offering, among other things, website hosting services pursuant to image hosting plans. Bravo Solutions may amend this Agreement at any time by posting the amended Agreement on its web site and the effective date of any such amendment will be the date on which the amended Agreement is so posted. Client agrees that it has read and understands this Agreement and acknowledges a duty to periodically check these terms and conditions. Without limiting the generality or effect of the foregoing Bravo Solutions may also add, delete or modify some or all of its Services at any time and in its sole discretion. By accepting this Agreement, Client (i) represents and warrants that he or she is at least 18 years of age and is the authorized representative of the organization or entity that he or she purports to represent, and (ii) agrees to provide true, accurate, current and complete information about Client as prompted in the account registration process.
1. SERVICES
1.1 Image Hosting Server. Pursuant to the terms of this Agreement and the Plan selected by Client, Bravo Solutions agrees to provide Client with: (i) space on a server (“Hosting Server”) to host a site on the Internet (“Web Site”), (ii) a license to use the Bravo ImageWizard Software™ and other Bravo Solutions proprietary software (“Software”), and (iii) various other services as more specifically set forth in Client’s Plan (collectively, “Services”). Client hereby agrees that Bravo Solutions is responsible only for providing the Services set forth in Client’s Plan and this Agreement, and Bravo Solutions is not responsible for providing any other services or tasks.
1.2 Availability of Web Site. The Web Site shall be generally accessible to third parties via the Internet twenty-four hours a day, seven days a week, except for scheduled maintenance and required repairs, and except for any loss or interruption of Services due to causes beyond the control of Bravo Solutions or which are not reasonably foreseeable by Bravo Solutions, including but not limited to interruption or failure of telecommunication or digital transmission links and Internet slow-downs or failures.
1.3 Updates. As part of the Services, Bravo Solutions shall provide Client with a system and the necessary Software for Client to transmit to Bravo Solutions any revisions, updates, deletions, enhancements or modifications (“Updates”) to the Image Hosting Server. Bravo Solutions shall update the Image Hosting Server provided that (i) Client is not in default of its payment obligations hereunder, (ii) such Updates are within the scope of this Agreement; and (iii) such Updates are Server Ready (as defined below).
2. TERM AND RENEWAL
This Agreement will begin upon the date Client registers the Plan and shall continue for the period of time set forth in the Plan (“Initial Term”), unless earlier terminated according to the provisions of Section 7 below. This Agreement will continue automatically for additional terms equal to the Initial Term (each, a “Renewal Term”) unless either party provides notice at least thirty (30) days prior to the end of the Initial Term or Renewal Term, as applicable, that it has elected not to renew the Agreement. For security reasons and the general protection of all clients, Bravo Solutions requires all notices not to renew the Agreement are delivered by either: (i) email submitted at cancel@bravosolutionsinc.com or by fax cancellation containing the account name, password, reason for cancellation and Client signature. Fax to (904) 363-0881
3. LIMITED WARRANTIES
3.1 30-Day Money Back Guarantee.
Bravo Solutions extends an unconditional money-back guarantee to Client during the first thirty (30) calendar days of the Initial Term (“30-Day Guarantee”). Term and shall begin upon completion of the setup of Client’s Plan. In order to avail itself of the 30-Day Guarantee, Client must notify Bravo Solutions by faxing a request with an authorized signature to (904) 363-0881. Upon receipt, all Services shall be terminated and any fees paid shall promptly be credited to the Client’s credit card or returned by check.
4. FEES AND PAYMENT
4.1 Fees. Client shall pay all fees according to the prices and terms listed in this Agreement and Client’s Service. The prices listed in Client’s Service at the date of this Agreement shall remain in effect during the Initial Term. Bravo Solutions may change the fees it charges Client for Services upon sixty (60) days prior notice to any Renewal Term.
4.2 Payments and Late Payment Charge. Payment for all Set-Up Fees (as set forth in the Service) shall be due immediately upon Client’s registration of the Plan. Fees for Services shall be in the amount and frequency set forth in the Service selected by Client (“Payment Date”). This Agreement is for the entire Initial Term or applicable Renewal Term and Client is hereby obligated to pay the fees for the entire amount of the Service voluntarily selected by Client. All such fees shall be received at Bravo Solutions by 5:00 p.m. on the Payment Date. Client shall pay a late charge of 10% per month, or the maximum rate permitted by applicable law, whichever is less, on any unpaid amount for each calendar month or fraction thereof that payments are in arrears to Bravo Solutions. All fees that have not been timely paid may be sent by Bravo Solutions to a collection agency. Client agrees to be responsible for paying all costs of collection, including, but not limited to, reasonable attorney’s fees and, where lawful, collection agency fees. All accounting issues should be addressed via a email at: sales@bravosolutionsinc.com
4.3 Checks or Money Order. Client may pay fees by check or money order in U.S. dollars only. Bravo Solutions will not accept international checks in foreign currency. In the event a check is returned as unpayable, Client will be assessed a $25.00 returned check fee. If Client fails to pay all fees by the Payment Date, Client will be sent a suspension of Services e-mail which will grant Client fourteen (14) days to make payment.
4.4 Pricing Disputes. Client must notify Bravo Solutions in writing of any disputed charges within 30 days of the date of the billing for such charges. If Client does not notify Bravo Solutions within that time period, Client has waived any right to dispute such amounts, either directly or indirectly or as a set-off, recoupment or defense in any action or efforts to collect amounts due to Bravo Solutions.
4.5 Suspension of Services. Failure of Client to fully pay any fees when due may be deemed a material breach of this Agreement justifying suspension of the performance of Services to Client at Bravo Solutions’s sole option. Any such suspension of Services does not relieve Client from the obligation to pay all amounts due Bravo Solutions under this Agreement for the remainder of the Initial Term or the then applicable Renewal Term. In the event of a suspension of Services and upon a reactivation request by Client, Client shall pay Bravo Solutions a $25.00 reactivation fee in addition to full payment of the outstanding balance due. Reactivation of services will only be performed during Bravo Solutions’s regular business hours (Monday through Friday, 9:00 a.m. – 6:00 p.m. Eastern Time, excluding holidays).
4.6 Taxes. Fees are exclusive of any and all sales, use, value added, excise, transfer, privilege, duty and any other taxes or duties, whether international, national, state or local, however designated or assessed with respect to the Services provided under this Agreement; excluding, income taxes on profits which may be levied against Bravo Solutions.
5. CLIENT OBLIGATIONS
5.1 Client Content. Client shall provide all materials comprising the Web Site, including, but not limited to, any and all images, photographs, illustrations, graphics, audio clips, video clips or text (the “Client Content”), which shall be in a correct format (as specified by Bravo Solutions), including, but not limited to, HTML.2 format (“Server Ready”). Client is solely responsible for the content of any postings, data or transmissions using the Services, or any other use of the Services by Client or by any person or entity Client permits to access the Services. Bravo Solutions reserves the right, in its sole discretion, to exclude or remove from the Web Site any Client Content for any of the following reasons: (i) Client Content is not Server Ready, (ii) CGI scripts or programs consume an unreasonable amount of Central Processing Unit (“CPU”) usage, Random Access Memory (“RAM”), or other system resources, (iii) Bravo Solutions has received a significant number of complaints regarding Client’s failure to be reasonably accessible to its customers or timely fill orders, (iv) Client has become the subject of a government complaint or investigation, (v) any other reason which may violate or infringe any law or third party rights or which otherwise may potentially expose Bravo Solutions to civil or criminal liability or public ridicule, provided that such right shall not place an obligation Bravo Solutions to monitor or exert editorial control over the Web Site.
5.2 Representations and Warranties. Client represents and warrants that: (i) Client has the power and authority to perform its obligations hereunder and the Agreement constitutes a valid and binding obligation enforceable against Client in accordance with its terms, (ii) Client has the requisite level of knowledge in the use of Internet languages, protocols and software to utilize the Services provided by Bravo Solutions, (iii) Client has secured all required authorization(s) necessary for hypertext links to third party web sites, (iv) Client holds all necessary licenses from the required jurisdictions to engage in the advertising and sale of any goods and services which may be offered on the Web Site, (v) Client Content does not and will not contain any content, materials, advertising or services that are inaccurate or that infringe on or violate any applicable law, regulation or right of a third party, including, without limitation, export laws, or any proprietary, contract, moral, or privacy right or any other third party right, and (vi) Client owns the Client Content or otherwise has the right to place the Client Content on the Web Site.
5.3 Acceptable Use of Image Hosting Server. Client agrees to comply with all laws, rules, regulations and Bravo Solutions’s Acceptable Use Policy (“AUP”) found at http://www.bravophotos.com/policies. The AUP is incorporated herein by this reference and may be updated from time to time by CommuniTech.Net in its sole discretion. Client acknowledges that it has read and understands the AUP and that Client has an obligation to periodically review the AUP from time to time. In addition to those activities prohibited in the AUP, Client agrees not to utilize the Services for any activities that: (i) constitute or encourage a violation of any applicable law or regulation, including but not limited to the sale of illegal goods or the violation of export control or obscenity laws, (ii) defame, impersonate or invade the privacy of any third party or entity, (iii) infringe the rights of any third party, including but not limited to the intellectual property, business, contractual or fiduciary rights of others, (iv) involve the display, sale, distribution or creation of any pornographic, obscene or otherwise offensive goods, services, material or ideas or promote violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (v) modify any Bravo Solutions copyright notices or scripts without obtaining Bravo Solutions’s prior written consent, (vi) provide mirroring service for other web sites, (vii) the primary purpose is non-http compatible file distribution, including but not limited to the distribution of the following file types: .arj, .mp3, .exe, .tar, .rar, or .zip, (viii) are in any way connected with trolling, mail bombing, IRC Bots, Game-emulators, ROMs or the transmission of “junk mail,” “spam,” the unsolicited mass distribution of e-mail or with any unethical marketing practices, (ix) maintain or provide an image archive or collection for display, (x) use an email box exclusively as a storage space for data, which includes a mailbox exceeding 30 MB, and (xi) the primary website theme is related to professional wrestling, fads, “Top” sites, or otherwise “trendy” websites. In the event any provisions contained in this Agreement conflicts with any terms, conditions or clauses contained in the AUP, the provisions of this Agreement shall govern.
5.4 Mailing Lists. Bravo Solutions permits Client to send mailings to subscribers of Client’s own mailing list. Such mailings must have explicit instructions to the recipient on how to remove his/her name from the list, and all requests to do so must be honored immediately. Client agrees not to send mailings to lists provided by an outside agency or individual. Client further agrees not to provide mailing list services to others. Due to the nature of the Image Hosting Server, Bravo Solutions requests that all mailing lists be sent during the hours of 1:00 a.m. and 5:00 a.m., Eastern Time Bravo Solutions reserves the right to terminate Client’s mailing program, whether provided by Bravo Solutions or not, immediately and without notification to Client if said list causes a problem, in Bravo Solutions’s sole discretion, with the e-mail services of other clients. Bravo Solutions also reserves the right to forbid Client from utilizing any mail-sending program that jeopardizes the mail services of other clients. Due to the consumption of system resources and overloading of the e-mail server, Bravo Solutions forbids the use of Gossamer Links program by any of its clients.
6. LICENSE AND PROPRIETARY RIGHTS
6.1 Software License. During the Initial Term and any applicable Renewal Term, Bravo Solutions grants Client a nontransferable, nonexclusive limited license to use the Software, in object code form only, solely for purposes of using the Services on the Image Hosting Server. To the extent such Software belongs to a third party, Bravo Solutions only grants such rights as it is able to under an agreement with the applicable third party. CLIENT MAY NOT USE WEB PAGES OR PARTS OF WEB PAGES GENERATED BY MEANS OF THE SOFTWARE ON ANY SERVER OTHER THAN THE IMAGE SERVER.
6.2 Software License Restrictions. Client agrees that it will not, directly or indirectly (and it will not allow others to):
6.2.1 Copy the Software, except as is necessary to install on Hardware and for internal, archival purposes
6.2.2 Reverse engineer, decompile, dissemble, modify or otherwise attempt to derive source code from the Software;
6.2.3 Sell, lease, license, transfer, give possession of, or sublicense the Software or the documentation to others;
6.2.4 Write or develop any derivative or other software programs, based, in whole or in part, upon the Software.
6.3 Proprietary Rights. Client shall not have any right, title, or interest in the Image Hosting Server, Software, Hardware, documentation, or any copyrights, patents, trademarks, trade secrets and any other proprietary rights embodied or used in connection therewith, except for the limited license provided in Section 6.1.
6.4 Proprietary Rights of Client. As between Client and Bravo Solutions, Client Content shall remain the sole and exclusive property of Client, including, without limitation, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights. Client hereby grants to Bravo Solutions a non-exclusive, worldwide, royalty-free license for the Initial Term and any Renewal Term to edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display, and otherwise use Client Content as necessary to render the Services to Client under this Agreement.
7. TERMINATION OF AGREEMENT
7.1 Termination upon Breach or Insolvency. Subject to Section 7.3 below, this Agreement may be terminated by either party upon written notice, (i) if the other party breaches any obligation hereunder and the breaching party fails to cure such breach within thirty (30) days after such notice, or (ii) if the other party is the subject of a voluntary or involuntary bankruptcy, insolvency, reorganization or liquidation proceeding, makes an assignment for the benefit of creditors or admits in writing its inability to pay debts when due. Notwithstanding the foregoing, this Agreement may be terminated by Bravo Solutions at any time upon written notice to Client if Client fails to make any payment within five (5) days after such payment was due.
7.2 Termination for Client’s Breach of Sections 5.1, 5.2, 5.3,5.4. Notwithstanding Section 7.1 above, Bravo Solutions may immediately terminate this Agreement and remove Client’s Web Site from the Image Hosting Server if it is determined, in Bravo Solutions’s sole discretion, that Client has breached Sections 5.1, 5.2, 5.3, or 5.4 of the Agreement. Any termination under this Section 7.2 shall take effect immediately and Client expressly agrees that it: (i) shall not have any opportunity to cure, (ii) shall not be entitled to a refund of any fees paid to Bravo Solutions, and (iii) shall promptly pay a $250.00 clean-up / disconnection fee.
7.3 Rights and Remedies upon Termination. In the event either party terminates the Agreement pursuant to Sections 7.1 or 7.2, Bravo Solutions shall be entitled to immediately receive payment for all Services incurred through the date of termination. In addition, it is agreed to that, if Client is the breaching party, then Bravo Solutions will suffer damages that would be difficult to ascertain. Therefore, Client agrees to Bravo Solutions all amounts due hereunder for the remainder of the Initial Term or then applicable Renewal Term as liquidated damages and not as a penalty. Such liquidated damages shall be in addition to all other rights and remedies available to Bravo Solutions in law and in equity which may be granted by a court of competent jurisdiction.
8. WARRANTY DISCLAIMER; LIMITATION ON LIABILITY & INDEMNITY
8.1 Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 3 OF THIS AGREEMENT, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS. BRAVO SOLUTIONS DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. BRAVO SOLUTIONS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR- FREE OR COMPLETELY SECURE.
8.2 Limitation on Liability. IN NO EVENT SHALL BRAVO SOLUTIONS BE LIABLE TO CLIENT, CLIENT’S USERS OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR NONCONTRACTUAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY SERVICES, EVEN IF BRAVO SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. BRAVO SOLUTIONS’ LIABILITY, IF ANY, TO CLIENT OR TO ANY THIRD PARTY HEREUNDER SHALL IN NO EVENT EXCEED THE TOTAL AFTER TAX PROFITS EARNED BY BRAVO SOLUTIONS UNDER THIS AGREEMENT IN THE LAST TWELVE MONTHS. THE PARTIES ACKNOWLEDGE THAT BRAVO SOLUTIONS, INC. HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATION AND EXCLUSIONS OF LIABILITY WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL BRAVO SOLUTIONS BE LIABLE FOR FAILURE OR DELAY IN PERFORMING ITS OBLIGATIONS HEREUNDER IF SUCH FAILURE OR DELAY IS DUE TO CIRCUMSTANCES BEYOND ITS 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 OR DELAY IN TELECOMMUNICATIONS OR THIRD PARTY SERVICES, FAILURE OF THIRD PARTY SOFTWARE OR INABILITY TO OBTAIN RAW MATERIALS, SUPPLIES, OR POWER USED IN OR EQUIPMENT NEEDED FOR PROVISION OF THE SERVICES.
8.3 Indemnity. Client will indemnify, defend and hold Bravo Solutions, and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”) harmless from and against any and all costs, liabilities, losses and expenses, including, but not limited to, reasonable attorneys’ fees (collectively, “Losses”) resulting from or arising out of any claim, suit, action, arbitration or proceeding (each, an “Action”) brought by a third party against Indemnified Party relating to: (i) a breach or alleged breach by Client of any of its representations, warranties, covenants or obligations hereunder, (ii) infringement or misappropriation of any intellectual property rights, including but not limited to rights of privacy, patent, copyright, trade secret, trademark rights and/or licenses, (iii) injury caused by any negligence or willful misconduct of Client, or (iv) use of the Services, including use of the Services without the consent of Client
9.GENERAL PROVISIONS
9.1 Privacy Policy. In an effort to address Client’s privacy concerns, Bravo Solutions has instituted a privacy policy (“Privacy Policy”) which may be found at http://www.bravosolutionsinc.com/policies and is incorporated herein by this reference. Bravo Solutions reserves the right to change the Privacy Policy at any time.
03/09/2003
Bravo Solutions Inc.
P.O. Box 8005
Savannah, GA 31412
ACCEPTABLE USE POLICY
1. Introduction
This Acceptable Use Policy (“AUP”) applies to all clients of Bravo Solutions Inc. (“Bravo Solutions”), and is intended to provide a general understanding of Bravo Solutions’ policy on the Acceptable Use of its Hosting Servers, Internet Image Hosting Services and other services (collectively, “Services”). It is designed to help protect our Services, our clients and the Internet community from irresponsible or illegal activities. Bravo Solutions expects that common sense and good judgment will guide all of our client’s activities on the Internet. Information available on Bravo Solutions’ network is the property of Bravo Solutions, its information providers or other clients. Bravo Solutions does not accept responsibility for the content of the materials and information published by others which are accessible through the Bravo Solutions connection and does not accept responsibility for the violation of any laws resulting from such publication. All users of Bravo Solutions’ Services are expected to abide by the laws of the state and country in which they reside, including all copyright laws and regulations, tariff regulations, export controls, treaties and international law. Use of Bravo Solutions’ Services constitutes on the part of such user acceptance of and agreement to abide by all of the rules and regulations and policies of Bravo Solutions, including this AUP, as such policies may be modified by Bravo Solutions at any time and from time to time.
USE OF BRAVO SOLUTIONS’ SERVICES ARE AT THE RISK OF THE CLIENT.
Electronic Communications Privacy Act Notice (18 USC §§ 2701-2711)
BRAVO SOLUTIONS MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON ITS NETWORK OR ANY NETWORK ATTACHED TO ITS NETWORK. BRAVO SOLUTIONS SHALL NOT BE LIABLE FOR THE PRIVACY OF EMAIL ADDRESSES, REGISTRATION AND IDENTIFICATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT STORED ON BRAVO SOLUTIONS EQUIPMENT, TRANSMITTED OVER NETWORKS ACCESSED BY CLIENT, OR OTHERWISE CONNECTED WITH USE OF THE BRAVO SOLUTIONS NETWORK. SEE BRAVO SOLUTIONS’ PRIVACY POLICY FOR HOW WE USE PERSONAL INFORMATION.
2. Policies
a. Bravo Solutions accounts may be used only by the authorized owners of the accounts, except where specifically authorized by Bravo Solutions. Allowing use of your account by others is prohibited and at your own risk.
b. Resale, trade or transfer of any account without express written consent from Bravo Solutions is prohibited. Attempting to obtain access beyond that for which a client is authorized will be grounds for immediate termination of such client’s account.
c. Attempting to defeat identification procedures, gain passwords or encryption codes, penetrate security measures, circumvent user authentication or use of the Bravo Solutions network to gain unlawful or unauthorized entry to another machine on the Internet; use of an Bravo Solutions account to or attempt to alter or destroy data belonging to Bravo Solutions or another user on any computer network; and use of the Bravo Solutions system as a staging ground to “crack” other systems will be grounds for immediate termination of such client’s account.
d. Transmission, redistribution, reproduction or commercial exploitation of information available on Bravo Solutions’ network without the permission of its owner or in violation of applicable copyright laws or patents will be grounds for immediate termination of such client’s account.
e. Abusive or inappropriate use of any Bravo Solutions Services, including any behavior which disrupts the normal use of the system or Internet services of others, inhibits any user from accessing the Internet, interferes with the proper operation of Bravo Solutions’ network or impairs the availability, reliability or quality of Bravo Solutions Services for other clients is prohibited.
f. It is contrary to the specific policies of Bravo Solutions, and we reserve the right to remove any material from any site without notice, if any client or user is effectuating or participating in any of the following activities:
(i) encouraging a violation of any applicable law or regulation, including but not limited to the sale of illegal goods or the violation of export controls or obscenity laws;
(ii) Infringing the rights of any third party, including but not limited to the intellectual property, business, contractual or fiduciary rights of others;
(iii) Involving the display, sale, distribution or creation of any adult content, obscene or otherwise offensive goods, services, materials or ideas or promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(iv) making fraudulent offers of items, products, or services originating from a client’s account;
(iv) using non-authorized relays through any third party systems;
(v) “flooding” or overburdening recipient computer systems by sending a high volume of spurious data which impedes functionality or disables the recipient system, or any other methods of denial of service of another;
(vi) storing or distributing on Bravo Solutions servers illegally-acquired information, programs containing malicious code, including viruses, trojans or worms or tools to comprise the security of other sites;
(vii) using programs such as packet sniffers, host and/or service monitoring or other similar programs; and
(viii) engaging in any of the above activities using the service of another provider but channeling such activities through a Bravo Solutions account or re-mailer or using a Bravo Solutions account as a mail drop for responses.
g. Email and Internet Relay Chat
(i) Email is a person-to-person medium and not a broadcast medium. Harassing others by “mailbombing” or “spamming,” which constitutes sending the same or substantially similar unsolicited electronic mail messages to a large number of recipients, or more than twenty (20) similar mail messages to the same email address, may be grounds for termination of a client’s account. Threatening bodily harm or property damage to individuals or groups, for example, making terrorist threats, is also strictly prohibited and is grounds for termination.
(ii) The following activities are specifically prohibited by Bravo Solutions in connection with the use of email or IRC services:
(a) distributing malicious software which contributes to or assists in “mail-bombing” or “spamming”;
(b) sending unsolicited, junk or chain letter email for the purpose of advertising or soliciting, or using Bravo Solutions’ email address to collect responses from unsolicited email;
(c) attempting to impersonate any person, using forged email or other identifying information;
(d) installing “auto-responders,” “cancel-bots” or similar automated or manual routines
which generate excessive amounts of net traffic;
(e) using IRC bots in violation of any accepted policies on IRC servers; and
(f) running an IRC server or providing IRC related services on Bravo Solutions’ network.
3. Client’s Responsibilities
a. All Bravo Solutions clients and users who publish materials and information which are accessible through the Bravo Solutions connection are solely responsible for the content of such materials and information and are solely responsible for compliance with all laws applicable to the publication of such materials and information. Each such client or user must accept responsibility for the publication of any defamatory, adult content, confidential, secret or proprietary material.
b. Each account holder is responsible for charges incurred by others to whom the account holder has given its username and/or password, and for charges incurred by a person who has obtained such account holder’s username and/or password prior to such account holder’s notification to Bravo Solutions of such fact.
c. Any permitted customers of Bravo Solutions’ clients are bound by same restrictions as Bravo Solutions’ clients, including this AUP.
4. Actions by Bravo Solutions for Noncompliance or Violation
a. Bravo Solutions is under no obligation to monitor the content of websites hosted by Clients for violations of this AUP. Certain of the activities set forth above cause alarms that could require Bravo Solutions to take action. Account holders should be aware; however, that normal use and software will not set off such alarms.
b. Use of a Bravo Solutions account or Services in an illegal manner is grounds for immediate termination of such account. Users should be aware that Bravo Solutions views such activities very seriously and may disclose prohibited activities to law enforcement agencies, including the Federal Bureau of Investigation, with whom Bravo Solutions will fully cooperate. Bravo Solutions will cooperate with appropriate law enforcement agencies involved in investigating instances that may be reported to such authorities by clients or other users who believe they are being subjected to potentially unlawful harassment.
c. Bravo Solutions reserves the right to conduct its own investigation of suspected violations of this AUP.
d. In addition to the other actions described herein, Bravo Solutions may take one or more of the following specific actions:
(i) log instances of abuse;
(ii) disable and cancel the client’s account (Noncompliance or violation of this AUP is a material breach of the Services Agreement and may be grounds for termination by Bravo Solutions);
(iii) delete some or all of client’s files in Bravo Solutions’ possession, or cease providing Services.
e. In the event that an account is temporarily deactivated as a result of any prohibited activities, the account may be subject to reactivation charges and/or deposit requirements to be determined by Bravo Solutions.
f. Each account holder understands and acknowledges that Bravo Solutions has the right to terminate any account for any reason that Bravo Solutions interprets as an abuse of the account and such account holder will be liable for any and all costs incurred by Bravo Solutions as result of such abuse.
g. Bravo Solutions will review alleged violations of this AUP on a case-by-case basis. Violations which are not promptly remedied may result in disciplinary action, including referral to appropriate authorities for civil or criminal prosecution. Bravo Solutions’ decisions in all such matters are final. Bravo Solutions does not assume any liability to any account holders, users or others for its failure to enforce this AUP.
h. Nothing herein is to be construed to limit Bravo Solutions’ remedies in any way, to recover costs, identify and remove offenders, levy cancellation charges or pursue any other remedies at law or in equity.
5. Contacts
a. Each account holder must immediately notify Bravo Solutions of any unauthorized use of such account holder’s account, of any breach or attempted breach of security, if it is believed that such account holder’s password has been compromised or of any other violations of this AUP.
b. If you have any questions with respect to this AUP, please contact Bravo Solutions, Inc. at Bravo Solutions Inc.
P.O. Box 8005
Savannah, GA 31412
Attention Compliance Coordinator: compliance@bravosolutionsinc.com
BRAVO SOLUTIONS RESERVES THE RIGHT TO MODIFY THIS POLICY AT ANY TIME AND FROM TIME TO TIME.
03/07/2003