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Terms of Service

What is this?

The Terms of Service (TOS) are the rules and regulations that specify guidelines for using our services. Use of our services is subject to these terms. Please read them carefully and ensure that you understand and agree to all parts. Use of Brickell Host ’s services implies agreement with these terms!

Terms of Service

Brickell Host, LLC (hereinafter referred to as “BrickellHost”) provides web hosting services to people all around the world. We have the responsibility to protect each client and provide them with the best service possible. The following guidelines were designed to ensure that our services remain of the utmost quality. Please read very carefully before ordering and/or using Brickell Host services.

By using our Website, you agree to comply with and be bound by our Legal Terms fully:

a.) Acceptable Use Policy

b.) Affiliates Terms of Service

c.) Domain Agreement

d.) General Data Protection Regulation

e.) Privacy Policy

f.) Resource Usage Policies

g.) Service Agreement

Content

Transmission, storage, or presentation of any information, data or material in violation of any law is prohibited. This includes, but is not limited to copyrighted material, a material we judge to be threatening or obscene, or material protected by trade secret and another statute. The subscriber agrees to indemnify and hold harmless BrickellHost from any claims resulting from the use of the service which damages the subscriber or any other party.

Note: Pornography and sex-related merchandising are prohibited on any BrickellHost server. This includes sites that may infer sexual content or Link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to BrickellHost servers or any other server on the Internet. Links to such materials are also prohibited. Contact our sales department for any clarifications.

Examples of non-acceptable content

a.) Pirated software

b.) Bulk Email related products

c.) Pornography

d.) Hacking/cracking related websites

e.) Warez and/or copyrighted MP3s

f.) Material illegal under United States of America law

g.) Sites containing or linking to material that may be considered detrimental to the public health, safety, or welfare. (Such as, but not limited to Anarchists Cookbook, bomb-making, weapon information, or anything else that may be considered detrimental or illegal.)

BrickellHost will be the sole arbiter as to what constitutes a violation of this provision and reserves the right to deactivate and remove any site at any time for any reason.

Copyright Violations

BrickellHost 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.

Backups

BrickellHost performs daily backups of Web Hosting, Reseller Hosting, and WordPress Hosting servers; however, these backups are for BrickellHosts’ administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. BrickellHost does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on BrickellHosts’ part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.

Unsolicited Email (SPAM)

SPAMing, or the sending of unsolicited email, from a BrickellHost server or using a return email address that is maintained on a BrickellHost server, is STRICTLY prohibited. Using SPAM to advertise a site hosted on BrickellHosts’ network also constitutes as a violation of this provision. BrickellHost will be the sole arbiter as to what constitutes a violation of this provision. Sites found to be in violation of our SPAM policies will be immediately deactivated without notice.

Support Abuse

At BrickellHost, we always treat our customers with the utmost respect. In return, we expect the same from you. If our staff feels that you are consistently addressing them in a demeaning or rude manner, your account may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for support abuse, customers will be given ten 48 hours notice to find a new host.

Server Abuse

Any attempts to undermine or cause harm to a BrickellHost server or customer of BrickellHost is strictly prohibited.

BrickellHost will be the sole arbiter as to what constitutes a violation of this provision. Accounts found in violation of this provision will be subject to immediate account deactivation. BrickellHost will turn all available information about abuse incidents, including customer contact data, over to the proper authorities and press charges.

Cancellation

Cancellations are processed by our Billing department. To cancel an account, a cancellation request via Client Area ( www.my.brickellhost.com/clientarea ) must be submitted. The following information is required when submitting a cancellation request:

a.) The primary domain name on account

b.) When do you want your account to be terminated, immediately or on the expiration date.

The above information is required for the protection of all customers to ensure only account owners are able to cancel accounts.

Payments and Billing

We will provide you with at least ten (10) days’ notice of your renewal pricing before the payment due date for monthly, annual, or longer-term plans. Unless otherwise provided, BrickellHost will automatically bill your payment method on file with seven (7) days before the payment due date. You expressly acknowledge, agree, and authorize us to automatically bill the applicable fee and/or charge your credit card or other payment methods on file for each Renewal Term, unless you terminate or cancel the Services prior to such charge as provided in this section. All fees are billed in United States Dollars (“USD”) and are subject to change with prior notice to you.

BrickellHost is only able to automatically collect payment from customers with credit cards stored on file. All other payment methods (e.g. PayPal one time payments) must be initiated manually by you, unless you have had authorized your PayPal for auto payments. It is your responsibility to ensure that all fees are paid no later than their payment due date.

As a customer of BrickellHost , it is your responsibility to ensure that all billing information on file with BrickellHost is accurate and that any credit card or other automated payment methods on file has sufficient funds for processing. You are solely responsible for any and all fees charged to your payment method by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees. BrickellHost screens all orders for fraud. In certain cases, if your account is flagged for fraud, your order will not be processed. BrickellHost has no liability for not providing Services, including third-party services if your account fails the fraud screen.

Price Change

BrickellHost reserves the right to change prices or any other charges at any time. We will not provide you with notice before charging you with any price change on any annual or longer-term plans. It is your sole responsibility to periodically review pricing on our website and billing information provided by BrickellHost through the client area or through other methods of communication, including notices sent or posted by BrickellHost.

Late Payments

Any account not paid in full by the end of the Term will be given a seven (7) day grace period. If payment is not made within the seven (7) day grace period, BrickellHost reserves the right to suspend your Services. BrickellHost reserves the right to terminate Services thirty (30) days after the payment due date.

BrickellHost is not responsible for any damages or losses (including of any data) as a result of suspension or termination for non-payment of your account. In addition, BrickellHost reserves the right to refuse to reactivate your Services until any and all outstanding invoices have been paid in full.

Money Back Guarantee and Refund Policies

The 30 Day Money Back Guarantee applies to the following services only:

  • Shared Web Hosting
  • WordPress Hosting
  • Reseller Hosting

The 30 Day Money Back Guarantee does not apply to nor are refunds available for the following additional services:

  • VPS Hosting
  • Cloud Hosting
  • Domain Name Registration, Domain Name Transfer, Domain Name Renewal
  • Domain Name ID Protection (Whois Privacy)
  • Dedicated IP Addresses
  • SSL Certificates
  • SiteLock Website Security
  • Weebly Website Builder
  • SpamExperts E-mail Services
  • WHMCS Licences
  • cPanel Licences
  • CloudLinux Licences
  • Imunify360 Licences
  • Paid Migration Service
  • Or any other additional addon/service purchased besides hosting or domain

Note that the 30 day period ends exactly 30 days from the day on which account was originally activated (not the day the order was placed). It is not valid towards account renewals. The Money Back Guarantee is VOID if your account violates our Terms of Service, Service Agreement, or any of our policies in place. Setup fees are non-refundable. External services, such as but not limited to, dedicated IP addresses, installation charges, etc., are non-refundable.

Outside of the Money Back Guarantee, BrickellHost has a no refund policy.

Free Migration Policies

At BrickellHost , we offer free website migration service for all the customers who have an existing website with another hosting provider and want to switch to us.

The free migration service applies to the following services:

  • Web Hosting
  • WordPress Hosting

Free Migration Service important notes:

  • The website migration service does not include transferring of a domain name.
  • You can request a free migration within the 30 days from the moment your order is activated.
  • During migration process, you might experience down time on your website, domain name or any other service you have with your other hosting provider.

What we don’t migrate:

  • We don’t migrate cpanels from other hosting providers
  • We don’t migrate email’s and email accounts from other hosting providers

Should you require additional migrations above what is included with our free migration service or after 30 days, additional charges are applicable.

Prohibited Persons (Countries, Regions, Entities, and Individuals)

Certain entities and individuals are prohibited from registering for and using our services pursuant to export and control laws and trade and economic sanctions imposed by the U.S. or other governments, as applicable. In particular, without limitation, 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 or regions (each a “Sanctioned Country/Region”) and certain individuals, organizations or entities, including without limitation, “Specially Designated Nationals” (“SDN”) listed by OFAC. By using our services you represent and warrant that you are not located in a Sanctioned Country/Region or listed as an SDN. Unless otherwise provided with explicit written permission, BrickellHost 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/Region.

Failure to Follow Policies

Failure to fully comply with these terms is grounds for account suspension and/or deactivation. Any accounts and/or servers contained within BrickellHosts’ network must adhere to the above policies.

We reserve the right to remove any account without prior notice. Our normal policy is a warning first, and account deactivation the second offense, but no warning is required.

BrickellHost reserves the right to deactivate and remove any site hosted on our servers that contains any content that it deems in its sole discretion to be unacceptable, undesirable or contraindicated.