Brickellhost.com

Terms of Service

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

Acceptable Use Policy

Affiliates Terms of Service

Domain Agreement

General Data Protection Regulation

Privacy Policy

Resource Usage Policies

Service Agreement

Terms of Service

Clients will be held responsible for any and all actions performed by their account whether done by the account holder or by others. If server security is compromised, the account holder is responsible for all violations of these Terms of Service (so called herein) and Acceptable Use Policy (AUP).

The following terms constitute an agreement between you and BrickellHost LLC (“BrickellHost”). These Terms of Service govern your use of the services provided by BrickellHost (the “Services”).

BY USING THE SERVICES YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF SERVICE, including that you agree to transact with us electronically, that you consent to the information practices disclosed in our AUP, and that you consent to resolve in Pennsylvania, any dispute that you may have with us, our suppliers, or the Services. Please note that we offer the Services “AS IS” and without warranties.

These Terms of Service govern your relationship with us and our suppliers. We may change these Terms of Service at any time, as we deem appropriate. If we make changes that we believe will have a material impact on your use of the Services, we will let you know by sending you an email if we have a current email address for you, and by noting on our website that these Terms of Service has been updated. If you disagree with the changes to these Terms of Service, discontinue your use of the Services. Your ongoing use of any Services after the changes take effect signifies your agreement to the new terms. We encourage you to review these Terms of Service regularly.

BrickellHosts’ Responsibilities

BrickellHost agrees to furnish services, which are paid for in advance by the client, to the client, subject to complete compliance with the AUP and these Terms of Service. BrickellHost reserves the right to refuse Services to any potential client and/or to deny renewal of Services to any existing client, at the sole discretion of BrickellHost. BrickellHosts’ Terms of Service and AUP are both subject to change at any time and without notice at the sole discretion of BrickellHost. A change in policy shall not be grounds for early contract termination or non-payment. Client recognizes that the nature of the service supplied and the initial rates and charges have been communicated to the client. The client is aware that from time to time rates may change based on availability of hardware, overall market conditions or other factors. Clients may not be notified of any increases in rates.

Non-Payment/Service Interruption

Services interrupted for non-payment may be subject to a 25% late fee. Data stored on a client’s services will not be available to the client until re-connection is established or alternative arrangements are made to the sole satisfaction of BrickellHost. Clients deactivated for non-payment or charge-back are subject to their data being terminated seven (7) days from suspension/charge-back date. BrickellHost is not responsible for data integrity, regardless of circumstance. BrickellHost strongly recommends keeping up to date and off network backups to protect against data loss.

Refunds/Charge-Backs

If you wish to cancel your service, you might request refund within a 30 days from the date the same it is activated. This refund policy applies only to Web Hosting plans. WordPress Hosting plans and Reseller Hosting plans. Our VPS servers, Dedicated servers, 3rd party licenses and any add-ons are non refundable.

Note: If you request refund within a 30 days, and if you registered Free domain name, that same domain name will be cancelled we will deduct fees for that same domain from your full refund.

Any and all charge disputes must be reported directly to BrickellHost within ninety  (90) days of the date which the charge originally occurred. If a charge which is deemed valid by BrickellHost, and validated by our Terms of Service or AUP, is disputed to a financial institution by performing a charge-back, then the client agrees to pay any additional fees in order to receive refund. If any dispute is submitted after ninety (90) days, it will not be accepted by BrickellHost.

Suspensions

In the event a service is suspended for non-payment, it will be subject to termination seven (7) days from the time of suspension. BrickellHost assumes no liability for the integrity of the data stored on a suspended server. To avoid suspension or possibly termination, you are responsible for having valid payment method on your account.

Cancellations

BrickellHosts’ clients can request cancellation on their services anytime. There are two (2) options for cancellation:

  1. At the end of the billing cycle – Your service will be still active until the due date for a new payment. Our billing system automatically will cancel your services on this date.
  2. Immediately – Your service will be cancelled that same day and terminated. If you choose this option, we don’t have access to any backups in order to restore your account.

Note: All client data will be destroyed immediately after the cancellation.

Free website migrations

Free website migrations applies only to a new customers that will request Free website migration within a 30 days from the day the account has been opened. We are transferring websites from most of the hosting providers to BrickellHost, and we do transfer most of the website platforms, eg. WordPress. Free website migration includes only one (1) website from your previous provider. Any additional website migration request will be priced at $100/ per website. If you have any questions about website migration, contact our support. Email, database, or any other files are NOT included in FREE website migration process.

Free domain name

We offer free domain names with most of the plans (check the plans details if offers free domain name) only for one (1) year from the date your account is activated. When the same domain name is due to expiration, you are responsible for renewal. During the Free domain name period we don’t hold any rights or contact information over this domain name. If you request cancellation for your active service within a year, your domain name will be cancelled also from your account. If you request service cancellation within a one (1) year, your domain will be cancelled too. You can keep your domain name active only if you pay for domain fees or if you transfer it away from BrickellHost.

Free daily and weekly backups

We provide free backups for all shared and reseller hosting accounts. Our daily backup runs every night at midnight EST and weekly backup runs every Sunday at midnight EST. These backups are overwriting any old backups on our external servers. You do have option to restore any of these backups from your cPanel (control panel). BrickellHost DOES NOT TAKE ANY RESPONSIBILITIES IF ANY OF THESE (DAILY AND/OR WEEKLY) BACKUPS FAILS AND YOUR FILES ARE NOT SAVED THAT SAME DAY, OR NOT RESTORED PER YOUR REQUEST. IT IS YOUR RESPONSIBILITY TO MAKE SURE THAT YOU HAVE THE MOST RECENT BACKUPS SAVED ON YOUR OWN LOCAL STORAGE.

BrickellHost as a license reseller

BrickellHost may act as a 3rd party license reseller for the hosting services we offer. Usually these licenses are offered with our Cloud VPS and Dedicated servers. These license could be: CloudLinux OS, Imunify products, LiteSpeed, and cPanel licenses. Most of the time these licenses are active on monthly basis and they must be renewed every month in order to stay active on your server. You shall make no attempt to copy, reverse engineer, or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any 3rd party licenses or products, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.

Fraud

In the event fraud is discovered the fraudulent account, and all related accounts, are subject to immediate suspension or termination at the sole discretion of BrickellHost. All information available to BrickellHost about the fraudulent account/service shall be submitted to both local authorities, as well any financial institutions involved. All fraudulent orders are investigated, and all fraudulent clients will be prosecuted to the fullest extent of the law, whether within the United States, or abroad.

Disclaimers of Liability; Indemnification

WE PROVIDE THE SERVICES .AS IS., WITH ALL FAULTS AND AS AVAILABLE. WE AND OUR SUPPLIERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE AND OUR SUPPLIERS DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION GIVEN BY A BRICKELLHOST LLC REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change. You use the Services at your own risk.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR OUR SUPPLIERS IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL OUR, OUR AFFILIATES’ AND OUR SUPPLIERS’ AGGREGATE AND CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID DURING THE PERIOD DURING WHICH SUCH CLAIMS AROSE. WE, OUR AFFILIATES, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES AND SUPPLIERS, SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

You agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorneys’ fees, which arise from your use or misuse of the Services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Support

BrickellHost provides limited support related to each client’s service functioning. BrickellHost does not offer software support of any kind. BrickellHost does not provide software support/troubleshooting for the software items chosen from the order form. BrickellHost only ensures the correct default installation of any software item chosen from the order form, and in no way assumes liability for the configuration of any of the installed software. BrickellHost is not responsible for any downtime associated with the incorrect configuration of operating system kernels or any software, whether installed by BrickellHost or the client. BrickellHost may provide enhanced software support (including CloudLinux OS, LiteSpeed and/or Imunify) since these licenses are installed by BrickellHost. Please contact sales or support for any other additional support pricing.

DMCA Complaints

BrickellHost handles any and all Digital Millennium Copyright Act (.DMCA.) complaints very seriously, and will thoroughly investigate each complaint received. BrickellHost reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation.

The following actions will be taken on a case-by-case basis:

A ticket is opened as a warning, providing 48 hours to resolve the situation. After 48 hours with no client response, connection to the IP address from the DMCA complaint will be disabled at the network level. At this time, BrickellHost reserves the right to assess a $50 fine. After 72 hours with no resolution, services on the server in question will be suspended. After 7 days of being suspended, services on the server in question will be terminated and an Abuse Charge of $200 will be placed on the account. All client data will be destroyed immediately after the cancellation date. Users who violate this policy and fail to resolve the situation within 48 hours agree that in addition to these administrative penalties, they will pay. Research Fees’ not to exceed $60 per hour that BrickellHost personnel must spend to investigate the matter, to be charged only if claims are found to be valid.

Bandwidth Usage/Overages

All Web hosting, WordPress hosting, Reseller hosting and Cloud VPS hosting bandwidth limits are listed in their own pricing tables. Web hosting and WordPress hosting plans comes with unlimited bandwidth and that doesn’t mean you can abuse the network. If you are on a shared hosting and abusing the bandwidth network, your account will be suspended until we, together find a resolution. Reseller hosting and Cloud VPS hosting are with limited bandwidth per account and you can not go over that limit. Cloud VPS users can purchase additional bandwidth if it’s necessary.

Payments and account activation

Payments are captured immediately when order is completed. If payment transaction fails, you will receive email and your account will not be active until you provide valid payment. We will not manually activate accounts until payment is captured. All accounts (with exclusion for some custom VPS servers and/or Dedicated servers) are activated immediately when payment is captured.

Publicity

BrickellHost keeps all client information private and will not publicly disclose that they are providing services to the client unless permission is received on a case-by-case basis. BrickellHost reserves the right to use client quotes for promotional uses. BrickellHost uses client’s information only for promotional marketing material sent to the client, if the client agrees on it.

All communications from BrickellHost and the client are strictly confidential and for the intended use of the addressee only. Any disclosure, use or copying of the information by anyone other than the intended recipient is prohibited and you agree to be held liable for damages if you violate this agreement, forward the information, post it or allow it to be posted online in public or private forums or venues.

Electronic Notifications

Your affirmative act of using the Services constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, .Notices.). We can send you electronic Notices to the e-mail address that you provided to us during registration. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. When you sign up for a new account with BrickellHost, use valid email address to receive our notifications. If you don’t receive notification by us, in your inbox, make sure that you have checked spam/junk folder on your email account and add BrickellHosts’ email as a contact, so you will keep receiving emails in your inbox. We are not responsible if you miss very important email sent by us, due to inactive email account you have provided. We highly recommend to use @gmail.com, @yahoo.com, @aol.com as a primary email for your account, or any other similar email provider. Using email with business domain name e.g: @yourbusiness.com fails since these types of emails are hosted with private hosting providers.

Entire Agreement

This contract and any supplemental terms, policies, rules and guidelines posted on our website constitute the entire agreement between you and us and supersede all previous or contemporaneous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Choice of Law and Location for Resolving Disputes You agree that the laws of the State of Pennsylvania govern this contract and any claim or dispute that you may have against us or our suppliers, without regard to the conflict of laws rules thereunder, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us or our suppliers will be resolved exclusively by a court located in Pennsylvania.

PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN PENNSYLVANIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US RELATING TO OR ARISING OUT OF THE SERVICES, THE SERVICE OR THE AGREEMENT; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN DALLAS COUNTY, TEXAS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.