Web Site Terms and Conditions of Use

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License

Permission is granted to temporarily download one copy of the materials (information or software) on BRD Webhost & Blue Rain Designs’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
1. modify or copy the materials;
2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
3. attempt to decompile or reverse engineer any software contained on BRD Webhost & Blue Rain Designs’s web site;
4. remove any copyright or other proprietary notations from the materials; or
5. transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by BRD Webhost & Blue Rain Designs at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on BRD Webhost & Blue Rain Designs’s web site are provided “as is”. BRD Webhost & Blue Rain Designs makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, BRD Webhost & Blue Rain Designs does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
Uptime Guarantee is not applicable to downtime associated with any act of terrorism or attack on our servers. Accessibility of Servers; The availability and accessibility of a web server over a period of one (1) calendar month is termed as Server accessibility. “BRD Webhost” expects that the customer has a reliable internet connection from their place of access. All network facilities are up for use at all times (exclusive of minor latency) for 99% of time every calendar month. Service disruptions due to issues or problems relating to our upstream providers are outside the purview of this definition.
Standard maintenance downtime is not applicable to any uptime guarantees.
Service downtime; a time-period, antecedently unintentional, where services are broken and the customer is unable to access the “BRD Webhost” network, Services and/or their Server, is called service downtime. Only those interruptions which occur as a result of an issue, snag and/or trouble within the contiguous network segments of “BRD Webhost”, and have been affirmed by “BRD Webhost’s” employees, would be considered downtime.
A performance credit will be credited into Client’s account if “BRD Webhost” is not able to fulfill the 99% uptime guarantee. This is calculated on a per calendar month basis. Measurement of such downtime commences only when the customer submits a trouble ticket, and will end when the server is back online and is able to send and/or receive data packets. Each hour of applicable downtime will result in a 5% monthly credit to the client’s account, to a maximum of 1 full month credit if applicable.
“BRD Webhost” shall not be held liable to give credit or offer compensation for any failure, delay and/or interruptions which occur as a result of the Client, the Client’s employees, agents, contractors and/or sub-contractors. The instances for such occurrences include without limitation:

Operating system, software and/or applications associated issues.
Any resource abuse, Server overload and/or over utilization of resources.
Improper, inaccurate and/or erroneous configuration of any software.
Wrong, non-compliant usage of installed software.
Issues, complications and/or problems arising out of operating system exploits, corruption of the OS or its binaries, service exploits, hacking or bandwidth-based attack of any nature and intensity.
Issues, factors and/or causes outside the immediate purview of “micfo”.
Pre-Announced scheduled maintenance downtime.
Client’s Local Area Network (LAN) related issues.
Clients’ Internet Service Provider (ISP) related issues.
Softwares and/or access limitations within the Client’s local and internal network environment including without limitation local area workstations, firewall, hardware and software, anti-virus, spyware programs, bandwidth shaping and configuration devices or any other such software.

g: Bluerain designs and BRD Webhost have no obligation to maintain user files and data in the hosting environment if hosting fees have not been paid in over 30 days. All data will be deleted from servers at regular intervals and at unscheduled server clean ups at BRD’s discretion. Client’s with unpaid, overdue accounts have no legal claim to hosting data being maintained.

4. Limitations

In no event shall BRD Webhost & Blue Rain Designs or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on BRD Webhost & Blue Rain Designs’s Internet site, even if BRD Webhost & Blue Rain Designs or a BRD Webhost & Blue Rain Designs authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on BRD Webhost & Blue Rain Designs’s web site could include technical, typographical, or photographic errors. BRD Webhost & Blue Rain Designs does not warrant that any of the materials on its web site are accurate, complete, or current. BRD Webhost & Blue Rain Designs may make changes to the materials contained on its web site at any time without notice. BRD Webhost & Blue Rain Designs does not, however, make any commitment to update the materials.

6. Links

BRD Webhost & Blue Rain Designs has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by BRD Webhost & Blue Rain Designs of the site. Use of any such linked web site is at the user’s own risk.

7. Site Terms of Use Modifications

BRD Webhost & Blue Rain Designs may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to BRD Webhost & Blue Rain Designs’s web site shall be governed by the laws of the Province of British Columbia without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

9. Site Suspensions

Any site who’s service is suspended due to non-payment will be subject to a re-activation fee of $75.00 + tax in addition to all monies owed for regular service, including late payment charges.

10. Cancellations

Upon cancellation request by the client BRD Webhost will endeavor to cancel the client account within 24 hours. Cancellation of client account removes all data from BRD Webhost servers. The client is responsible for transferring their site data and backups. BRD Webhost is not responsible for any data loss due to a client requesting cancellation of their account services.

Failure to pay for services will result in termination of services. Termination can occur when payment is 30 days overdue. upon Termination, account data will be deleted. BRD Webhost is not responsible for data loss. BRD Webhost is not responsible for data lost due to termination of service. We cannot maintain data in hosting accounts which are not being paid for in the allotted time frame.

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Terms of Service