Terms of Service

CUSTOMER AGREEMENT

 

This Customer Agreement (hereinafter referred to as the “Agreement” and/or “Terms of Service”) is made, entered into and executed on _______________ (hereinafter referred to as the “Effective Date”) 

BETWEEN:-

Brown Web Services (hereinafter referred to as “Company”)

AND

___________________________________________ (hereinafter referred to as “Customer”)

If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the term “Customer” shall refer to such entity.

(The Company and the Customer may be referred to individually as a “Party” and collectively as the “Parties”).

HAVE

entered into a Customer Agreement (“Agreement” and/or “Terms of Service”) effective from _______________.

WHEREAS, Company is authorized to provide online services including but not limited to Web Hosting, Web Design, Website Maintenance and Domain Registrations;

WHEREAS, Customer requires the types of services which can be provided by Company, and;

WHEREAS, Company and Customer wish to enter into this Agreement to establish the terms and conditions which Company may be available to provide services to Customer as an Online Service Provider (OSP).

NOW, THEREFORE, in consideration of the above recitals and for other good and valuable consideration the sufficiency of which is hereby acknowledged, Company and the Customer, intending to be legally bound, hereby agree as follows:


The use of services from Brown Web Services constitutes agreement to these terms and the terms set forth in all referenced documents and policies.

  1. OTHER POLICIES AND AGREEMENTS
  2. IDENTITY INFORMATION
  3. PROHIBITED PERSONS (COUNTRIES, ENTITIES, AND INDIVIDUALS)
  4. SERVICE ACTIVATION
  5. CONTENT
  6. RESOURCE LIMITS
  7. RESOURCE USAGE
  8. COPYRIGHT / INTELLECTUAL PROPERTY RIGHTS / DMCA
  9. HIPAA COMPLIANCE
  10. THIRD PARTY DEALINGS
  11. SPAM / UNSOLICITED EMAIL
  12. CONTINUANCE TIMESCALE
  13. BILLING, PAYMENTS AND FEES
  14. FORCE MAJEURE CIRCUMSTANCES
  15. 30-DAY MONEY BACK GUARANTEE
  16. NEWS RELEASES
  17. SERVER / NETWORK SECURITY
  18. SUPPORT TICKET USAGE
  19. VIOLATIONS AND ABUSE
  20. REFUSAL OF SERVICE
  21. SERVICE DISCONTINUANCE
  22. CONSTRUCTION AND EFFECT
  23. INDEMNIFICATION
  24. DISCLAIMER
  25. SERVICE CREDITS
  26. CHOICE OF LAW AND FORUM
  27. ACKNOWLEDGEMENT

1. OTHER POLICIES AND AGREEMENTS
Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.

  1. Acceptable Use Policy
  2. Domain Registration Product Agreement
  3. Domain Name Dispute Resolution Policy

Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.

2. IDENTITY INFORMATION
You agree that as a client of Brown Web Services you are legally responsible for all usage of your account, and are at least 18 years of age. If you are under 18 years of age, you must have parental consent in order to sign up, and your account must be ordered by a parent or guardian, in his or her own name. You agree to supplyBrown Web Services with a current and truthful name, postal address telephone number and email address for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any payment method that you supply to us or to our payment processor, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card or payment account use.

3. PROHIBITED PERSONS (COUNTRIES, ENTITIES, AND INDIVIDUALS)
The U.S. Department of the Treasury, through the Office of Foreign Assets Control (“OFAC”), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a “Sanctioned Country”) and certain individuals, organizations or entities, including without limitation, certain “Specially Designated Nationals” (“SDN”) listed by OFAC. If you are located in a Sanctioned Country or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Services. Unless otherwise provided with explicit permission,Brown Web Services also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any Sanctioned Country.

4. SERVICE ACTIVATION

For new customers – The services are activated immediately after successful processing of payment and our fraud detection software approves the order. The payment verification procedure is obligatory and if we fail to approve a transaction within 48 hours of the payment submission, the funds will be credited back to the payer and the order will be cancelled.

For existing customers – The services for existing customers, including upgrade services and renewals, are activated immediately after we receive the according service payment.

 5. CONTENT

You agree that all services provided by Brown Web Services will be used for lawful purposes only. Transmission, storage, linking to, or presentation of any information, data or material in violation of any United States Federal, State, City or International law is prohibited. This includes, but is not limited to: material of any unlawful, obscene, indecent, profane, libelous, offensive, pornographic, threatening, abusive, defamatory, or otherwise objectionable nature, copyrighted material, material that is threatening or obscene, or material protected by trade secrets and other statute.Examples of non-acceptable content include (but are not limited to):

  • BiTTorrent Trackers / Seedboxes
  • IRC (Internet Relay Chat) Services, including but not limited to IRCd, XDCC Bots, or FServs
  • Tor exit nodes or other forms of anonymous proxies or VPN services, due to the type of traffic that flows through them violating other parts of our terms of service
  • Pirated software
  • Hacker utilities or archives
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Installation or distribution of a software product that is not appropriately licensed for use by you
  • Data not intended for you by any method
  • Spamming Software
  • Bitcoin Miners
  • Automated or manual routines which consume excessive network bandwidth or computer resources software that circumvents user authentication or security of any host, network or account
  • Trademarked or copyrighted material which you are not licensed to distribute
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, etc)

You agree not to publish content that may violate the rights of third parties or otherwise violate the law. The placement of erotic, pornographic, extremist material or material not deemed in good taste is not permitted. We are entitled to block access to the account of any customer who violates this.

The same applies in the event that the customer publishes content which is capable of violating the rights of individuals or groups of people, or that insults or denigrates these people. This applies even without an actual legal claim. We are not obligated to review our customers’ content.

You agree not to use your hosting account as a remote storage server only or solely for the purpose of sharing (un)archived images, programs or sound files. At least 80% of all files and/or total storage space used (including but not limited to MP3, WAV, RA, GIF, JPG, ZIP, RAR file types) in each hosting account must be a part of actual, active website content, i.e. all content files must have corresponding HTML or PHP files that link to them. Furthermore, these files may amount to no more than 50% of the total monthly traffic usage. Upon request, you agree to prove that a given file is a constituent part of an actual page and not only stored on the server within 24 hours of such request.

You understand and agree that Brown Web Services will be the sole arbiter as to what constitutes a violation of this provision.

 6. RESOURCE LIMITS

Brown Web Services accounts are allotted a preset amount of resources per month.You agree that if you exceed the transfer limit for your shared hosting account, we will put up a bandwidth exceeded warning until the bandwidth usage resets at midnight on the 1st day of the following month.

Exceeding disk space usage on shared hosting will result in suspension of your service.

7. RESOURCE USAGE

You agree that if your web site abuses shared server resources (such as, but not limited to CPU time, disk I/O, and network resources), it can be suspended without notice, and you may be given an option of either upgrading your service level or reducing the resource used to an acceptable level.You agree that by enabling Shell Access (SSH) on your shared hosting account you agree to the following:

  • Brown Web Services may monitor all activity by logging keystrokes or mirroring SSH sessions.
  • You agree not to tunnel traffic through Brown Web Services servers and network.
  • You agree not to attempt to circumvent server or network security or the security of other customer accounts.
  • You will not attempt to install software or make changes to already installed software.
  • You agree not to use SSH to instantiate long running processes or daemonized processes.
  • Brown Web Services reserves the right to remove SSH access at any time for any reason.
  • Your use of SSH access constitutes agreement to these terms.

8. COPYRIGHT / INTELLECTUAL PROPERTY RIGHTS / DMCA
Brown Web Services will respond to all reports of infringement that are formatted in accordance with the Digital Millennium Copyright Act and any other applicable copyright laws. Notices of infringement that do not comply with this act will not be processed. We will act in accordance with the DMCA when handling infringement reports.Material accessible to you through Brown Web Services services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you agree not to use the Brown Web Services services in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through Brown Web Services. If you use a domain name in connection with Brown Web Services or similar service, you agree not to use that domain name in violation of any trademark, service mark, or similar rights of any third party.

DMCA Safe Harbor Provisions [17 U.S.C. Sec 512]
In an effort to protect service providers on the Internet from liability for the activities of its users, Brown Web Services as an Online Service Provider (OSP), qualifies for safe harbor protection under the Digital Millenium Copyright Act (DMCA). Codified as section 512 of the Digital Millennium Copyright Act (DMCA), this new law exempts on-line service providers that meet the criteria set forth in the safe harbor provisions from claims of copyright infringement made against them that result from the conduct of their customers. These safe harbor provisions are designed to shelter service providers from the infringing activities of their customers.

In order to facilitate the notification process in cases of infringement, OSP’s which allow users to store information on their networks, such as a web hosting service, must designate an agent that will receive the notices from copyright owners that its network contains material which infringes their intellectual property rights. In order to comply with this provision, contact information for Brown Web Services agent is specified below.

If you believe that your intellectual property rights are being infringed upon, please email abuse@brownwebservices.com. For copyright infringement claims, Brown Web Services follows the Digital Millennium Copyright Act (“DMCA”) notice and take down procedures. A list of the information required to submit a sufficient copyright infringement claim can be found here: DMCA Filing Information.

9. HIPAA COMPLIANCE

You agree that as our customer, you are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. Users acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Brown Web Services.com does not control or monitor the information or data you store on, or transmit through, our Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” under HIPAA are expressly prohibited from using this Service for such purposes. Storing and permitting access to “protected health information,” as defined under HIPAA is a material violation of this Terms of Service, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that Brown Web Services is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact sales@brownwebservices.com

10. THIRD PARTY DEALINGS

Brown Web Services may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.Brown Web Services does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. Brown Web Services is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.

The Services provided by Brown Web Services may contain links to other websites that are not owned or controlled by Brown Web Services (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.

11. SPAM / UNSOLICITED EMAIL

You agree that you may not use the Brown Web Services Network, Brown Web Services equipment or any Brown Web Services email address in connection with the transmission of spam and/or unsolicited email messages. You agree that your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the Brown Web Services Network, Brown Web Services equipment or anyBrown Web Services email address. 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. You understand and agree that Brown Web Services will be the sole arbiter as to what constitutes a violation of this provision.Our Email Policy is also governed by this agreement and referenced in the Acceptable Use Policy.

12. CONTINUANCE TIMESCALE

Hosting Accounts – Shared Hosting automatically renews on their anniversary date until explicitly cancelled by the Customer. All account upgrades purchased from the Client Area are valid and are to be functional until the final cancellation of the respective service.

Domain Name Registration / Transfer -Brown Web Services offers for registration/transfer all TLDs (Top-Level Domains). The TLDs can be purchased either together with a shared hosting account (at regular or PROMOTIONAL price) or separately as an upgrade from the Client Area (all TLDs – at NON-PROMOTIONAL prices).

Domain names are valid for the number of years of their registration (domain names can be registered for the period of 1 to 10 years, depending on their TLD – top-level domain name – extension). After an expiration of a domain name several stages follow regarding its renewal.

  • The domain name Redemption Grace Period (RGP) is a registry level period of up to 30 days after the domain name’s expiration date. During this period the domain name is kept on hold by the Registrar before it gets deleted. The domain registrant is allowed to retrieve the domain name from deletion, but this process costs additional redemption fee. This extra 30-day period extends the time available for renewing domain names. However, all domains that enter a redemption period are removed from the zone files (the list of domain names currently in the global DNS), therefore any web site or e-mail services associated with the domain name will stop working.
  • Extended Redemption Grace Period – the extended redemption grace period adds another 7 – 30 days to the domain name’s redemption period. During this period the domain name owner is allowed to retrieve the domain name from deletion paying the redemption fee.
  • After the redemption period of an expired domain name is finished, comes the Pending Delete Period – a registry level period of up to 5 days during which no one is allowed to renew the domain name and it cannot be newly registered because it’s still not returned to the public pool of domain names.
  • Released by Registry Period – the domain name is sent back into the public pool of domain names and is newly available for registration.

Customers are advised to renew their domain registrations before their domain names are placed into redemption. When a domain name transits into redemption period, DNS, Email, and the web site and any other associated services will cease to function.

During a domain name’s redemption period, we can assist the customer in retrieving his/her domain name from deletion only if the domain name was registered with us. The customer will need to pay a REDEMPTION FEE of up to $270.00 USD for the domain registration renewal. If the domain name was registered with another registrar, the customer needs to contact that registrar for more information regarding its redemption.

13. BILLING, PAYMENTS AND FEES

You agree to supply a valid payment for the services received from Brown Web Services, in advance of the time period during which such services are provided. You agree that all fees, domain fees, deposits and setup fees are non-refundable. You agree that until and unless you submit a cancellation request for your services those services will be billed on a recurring basis. You agree that payments will be billed and charged automatically, and that we may apply the amount due to the provided payment method at any time. You agree that you will keep your account information updated, so that Brown Web Services can notify you of transactions on your account.

Non-Payment – Payment on all accounts is due by the listed due date on the applicable invoice. Any account that has an outstanding invoice for more than 7 days will be subject to a $10 late fee and suspension. The suspension date varies by product but all accounts are subject to suspension after 7 days of non payment.

Non-Refundable Services – All service upgrades, add-on products and plan renewals are exempt from refunds. All single-year or multi-year domain registration, transfers and renewals are also exempt from refunds.

Payment Disputes and Chargebacks – A chargeback is the forced reversal of a payment made to a merchant by a consumer using a credit card. Brown Web Services will consider any customer that files a chargeback to be committing fraud and will take any and all appropriate measures and/or legal actions to defend and protect against said fraud.

Chargebacks are not considered as a way of refunding. Any Customer who initiates a payment chargeback in response to a bill or order placed with Brown Web Services will be subject to full investigation. Chargeback processing costs time and money, it is much easier and cheaper to work out billing issues with our billing team.

When signing up for an account with Brown Web Services, the Customer agrees to the conditions explicated in our Acceptable Use Policy (AUP) and the Terms of Service (this document). Thus,Brown Web Services, as well as our authorized credit card processor, will resort to these documents as an evidence for the Customer’s agreement, especially in the event that a Customer sends a chargeback inquiry based on points that he/or she first accepted, but is trying now to refute.

Customer acknowledges that if a chargeback is filed against a transaction that resulted in the purchase, transfer or renewal of a domain name, Customer forfeits ownership of the domain to Brown Web Services. Brown Web Services will decide whether to hold the domain name in its own portfolio or to release it for use by others.

14. FORCE MAJEURE CIRCUMSTANCES

Brown Web Services CANNOT and WILL NOT be liable for any failure or delay in doing its professional duties resulting from circumstances beyond its physical control. Such circumstances may represent acts of any governmental body, war, rebellion, sabotage, embargo, fire, flood or other natural disaster, strike or other labor disturbances, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware, or inability to obtain raw materials, supplies or power used in or equipment needed for provisioning of the Services.

15. 30-DAY MONEY BACK GUARANTEE

Brown Web Services offers a 30-day money back guarantee on Shared Hosting. If, for any reason, you are dissatisfied with our hosting services, we will refund your hosting fees.To claim your refund, you must submit a cancellation request within 30 days of your sign-up date. You must also submit a support ticket requesting your refund. Refunds are not automatically issued.

All other services and products do not qualify for refunds under this policy.

Each customer is entitled to one refund under this policy even if a customer has multiple accounts, i.e, personal and business.

16. NEWS RELEASES

Certain sections of Brown Web Services news releases may contain forward-looking statements projecting future events, such as new software installations, updates, promotions, hosting introductions, etc. It is possible that these statements may deviate from the actual circumstances, since they are treated as intentions and express expectations and approximate plans of action regarding the relevant forthcoming events.Forward Looking Statements can be recognized by the availability of indicative words such as “believes”,”anticipates”, “plans”, “may”, “hopes”, “can”, “will”, “expects”, “is designed to”, “with the intent”, “potential”, etc. However, their availability is not a prerequisite for a forward-looking statement to be treated as such.

17. SERVER / NETWORK SECURITY

You agree that you may not use the Brown Web Services Network or Servers in an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. You also agree that you may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network.

18. SUPPORT TICKET USAGE

You agree to submit support requests via the Client Area only. Support requests by email, the “Contact Us” form on the website, Twitter, Facebook or any other means will not be considered as valid request for support.You also agree to submit your ticket with the appropriate priority level. Submitting a ticket with a priority level of High is reserved for currently occurring unscheduled service outages affecting your account. Submitting a High priority ticket for any other reason is not acceptable and may result in a service fee of $20 being assessed to your account for misuse of Brown Web Services staff and resources.

19. VIOLATIONS AND ABUSE

If any of the following events occur, you agree to the provisions stated along with the occurring event:Attempts to undermine, slander, libel, threaten, swear at, or cause harm to a Brown Web Services server, customer, employee, or the company directly are strictly prohibited and grounds for immediate termination without refund. Spamming, or sending unsolicited mass email is strictly prohibited and grounds for the disabling or termination of your account. In addition, a penalty up to $250 for each spam policy violation may be imposed. Violation of system or network security, attempted or otherwise is strictly prohibited and grounds for immediate termination without refund. This may also incur criminal or civil liability. Abuse of the system via ANY script/program/code will result in a penalty up to $250, and possible termination of service. You also understand and agree that violation of any of Brown Web Services Rules and Regulations can result in a warning, suspension, or account termination. Accounts terminated due to policy violations will not be refunded.

Brown Web Services will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. In the event of illegal actions taken against Brown Web Services or related property, Brown Web Services will prosecute to the fullest extent of the law.

Brown Web Services reserves the right to monitor the service electronically and to disclose any information as necessary to satisfy the law, or to protect itself or its clients/subscribers.

20. REFUSAL OF SERVICE

Brown Web Services reserves the right at its sole discretion to refuse or cancel service without refund. Brown Web Services also reserves the right to refuse and remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.

21. SERVICE DISCONTINUANCE / TERMINATION / CANCELLATION

Brown Web Services reserves the right to discontinue the delivery of services and terminate this agreement for a certain period of time or indefinitely with a prior notice. If the reason for this is Customer’s failure to observe these Terms of Service and/or our Acceptable Use Policy, no refund will be issued to the customer for the unused period of his/her subscription with Brown Web Services. If the Customer has not violated any part of these Terms of Service, the Acceptable Use Policy and/or any other related documents (Customer agreements) mentioned hereby – the Customer will receive partial refund covering the period of his/her web hosting subscription with Brown Web Services that has not been used.

Customer Cancellation – To cancel an account, the Customer must login to the Client Area and submit a cancellation request. Other forms of cancellation requests will not be accepted. Any incentives (free bonuses, etc.) offered to the Customer upon sign-up will be also cancelled.

Cancellation requests for Shared Hosting or any other service or product may be made at anytime.

UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE PERMANENTLY DELETED.

22. CONSTRUCTION AND EFFECT

Presumption Arising from Authorship. Parties have each had the opportunity to review this agreement in its entirety and to present it to counsel, and they agree to waive any presumption against the authoring Party in the event of an ambiguity.

Severability. In the event that any of the provisions of this agreement are deemed void, unenforceable, or otherwise invalid, the offending portion shall be severed and shall have no effect on the validity or execution of the remainder of the agreement. In the event that giving full and complete effect to of any of the portions or provisions of this agreement renders the entire portion or provision void, unenforceable, or otherwise invalid, that portion or provision shall be interpreted to be reduced in scope or effect to operate only to the fullest extent allowable by law, severing only the offensive extent of the operation that is offensive, keeping the remainder of the portion or provision and its effect intact.

23. INDEMNIFICATION

You agree that you shall defend, indemnify, save and hold Brown Web Services harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Brown Web Services 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 you, your agents, employees or assigns. You agree to defend, indemnify and hold harmless Brown Web Services against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Brown Web Services server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. You agree to limit the liability of Brown Web Services to the amount paid for service.

24. DISCLAIMER

Brown Web Services will not be responsible for any damages your business may suffer. Brown Web Services makes no warranties of any kind, expressed or implied for services we provide. Brown Web Services disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Brown Web Services and its employees.In no event shall Brown Web Services be liable to you or any other person, firm or entity in any respect, including, without limitation, for any damages, either direct, indirect, consequential, special, incidental, actual, punitive, or for any other damages, or for any lost profits of any kind or nature whatsoever, arising out of mistakes, accidents, errors, omissions, negligence, interruptions or defect in transmission, or delays, including, but not limited to, those which may be caused by regulatory or judicial authorities arising out of or relating to this agreement or the obligations of Brown Web Services pursuant to this agreement.

Any failure or delay in the enforcement of these policies shall not constitute a waiver of the policy or of any other right or remedy. If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.

Brown Web Services furthermore expects that its customers who provide Internet services to others will fully comply with all applicable laws concerning the privacy of online communications. A customer’s failure to comply with those laws will violate this policy. Finally, Brown Web Services wishes to emphasize that in accepting services, customers indemnify Brown Web Services for the violation of any law or Brown Web Services policy, that results in loss to Brown Web Services or the bringing of any claim against Brown Web Services. This means that if Brown Web Services is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Brown Web Services, plus costs and reasonable attorneys’ fees.

Your use of Brown Web Services services is at your sole risk. Brown Web Services is not responsible for files and data residing on your account. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through Brown Web Services or on the Internet generally. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Brown Web Services servers. You understand that by placing information on our servers that such information may become available to all Internet users and that Brown Web Services has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of our services and the Internet. Brown Web Services makes no warranty, whether express, implied or statutory, as to the description, quality, merchantability, completeness or fitness for any purpose for the service or product, or as to any other matter, all of which warranties by Brown Web Services are hereby excluded and disclaimed.

25. SERVICE CREDITS

Brown Web Services guarantees 99.7% network availability. If a customer experiences network unavailability for more than 130 consecutive minutes (2 hours and 10 minutes) during a calendar month due to a fault of Brown Web Services network, the customer is eligible for a service credit, up to a maximum of the customer’s monthly run-rate.Brown Web Services guarantees 99.7% infrastructure availability. If a customer experiences infrastructure unavailability for more than 130 consecutive minutes (2 hours and 10 minutes) during a calendar month due to a fault of Brown Web Services infrastructure, the customer is eligible for a service credit, up to a maximum of the customer’s monthly run-rate. Infrastructure includes power delivery, cooling systems, and facilities.

This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of Brown Web Services and may be dependent upon the 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.

All service availability credits must be requested by the customer in the calendar month following the service outage. Credits may only be requested during the one month following the service outage, any requests for credit more than one month after the service outage will not be honored.

Example: If a service outage occurs during the month of November, all requests for credit must be made in December. Any requests after December will invalid.

26. CHOICE OF LAW AND FORUM

This agreement shall be governed by, construed, and enforced in accordance with the laws of Iowa. The Parties elect Taylor County as the forum court.

27. ACKNOWLEDGEMENT

Revisions – Brown Web Services reserves the right to modify this agreement at any time, effective immediately upon posting of the modification. Under the terms of this agreement, your use or continued use of our products and services is an acknowledgement that you have read, understand, and agree to be bound by terms and conditions in effect at the time of your use.

Assignment – You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of Brown Web Services. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. Brown Web Services may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of the Customer. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.