Brighton Design Service Agreement

Service Agreement . . .

This agreement represents the complete agreement and understanding between BrightonDesign.net   and Customer and supersedes any other written or oral agreement. Upon notice published on-line via BrightonDesign.net   services, BrightonDesign.net   may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered.

1. ACCEPTABLE USES
This service may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any foreign, municipal, state, county or federal statute or regulation is prohibited. This includes, but is not limited to: copyrighted material, material that is defamatory, threatening, obscene or violates U.S. export control laws, or material protected by trade secret, trademark or other intellectual property right used without proper authorization. No pornographic websites will be accepted. BrightonDesign.net   may, at its sole discretion, immediately discontinue such service to Customer, without any liability other than for the refund of unearned prepaid service fees.

Customer shall ensure that its use of BrightonDesign.net 's network services shall not disrupt BrightonDesign.net , its associated networks or equipment forming part of the systems. Customer shall not engage in mass distribution of unsolicited emails. Use of BrightonDesign.net 's connection in a manner that is abusive, disruptive, damaging, unlawful, offensive, or intrusive as determined by BrightonDesign.net   shall be considered a breach of this Policy and may result in cancellation of service.

2. DISCLAIMERS OF WARRANTY, LIMITATION OF LIABILITY AND OBLIGATION
BrightonDesign.net   makes absolutely no warranties whatsoever, expressed or implied, for the service it is providing. BrightonDesign.net   also disclaims any warranty of merchantability or fitness for a particular purpose. BrightonDesign.net   shall not be liable to Customer or any of its customers for any claims or damages which may be suffered by Customer or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access the Internet, or inability to transmit or receive information, caused by, or resulting from, delays, nondeliveries, or service interruptions whether or not caused by the fault or negligence of BrightonDesign.net . Customer agrees to indemnify and hold harmless BrightonDesign.net   from and against any and all claims, actions, causes of actions, administrative or government action, losses or damages (including legal fees and expenses) arising from the usage by Customer.

The use of any data or information received by Customer or its customers from the utilization of the service to be provided by BrightonDesign.net   is at Customer and its customer's sole and absolute risk. BrightonDesign.net   specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.

3. PAYMENT AND TERMS
Customer shall pay the initial fees set forth in http://BrightonDesign.net/plans.htm, prior to the commencement of service. Thereafter, Customer's account shall be automatically renewed upon expiration and its credit card charged in advance for a minimum three (3) months period on the day of expiration. In the event that Customer shall fail to pay for such services in advance of that three (3) months period, BrightonDesign.net   shall be entitled to unilaterally terminate this agreement and discontinue the service of Customer or the applicable account for which payment has not been received. The indemnification and limits of liability provisions mentioned above shall survive any such termination. Upon payment of the charges due hereunder, BrightonDesign.net   may, at its sole discretion, reinstate service, at which time all terms and conditions of this contract shall continue in full force and effect. Any service disconnection or suspension shall require a $50 reinstatement fee.

4. 30-DAY MONEY BACK GUARANTEE
BrightonDesign.net   offers a 30-day money back guarantee for all Plans. If Customer is not completely satisfied with the Plan within the first 30 days, Customer may cancel the service by notifying BrightonDesign.net   in writing. Customer will receive a full refund of any fees paid excluding any set up fees and overages. Service cancellation after the initial 30-day period will only be accepted in writing only. BrightonDesign.net   will refund Customer the remaining prorated fees with a check.

5. UPTIME GUARANTEE
BrightonDesign.net   guarantees that Customer's website will be available at least 99.9% of the time on a monthly basis. Customer can request refund by showing that uptime for its website is below this level in any given calendar month. BrightonDesign.net   will then refund Customer that month's hosting service fees.

6. SERVICE CHANGES
On-line changes made by BrightonDesign.net   to any plan shall not change the terms of the Plan(s) accepted by Customer, unless such changes do not adversely affect the services provided to Customer under the prior Plan(s). Changes in monthly service fees shall become effective only at the end of any calendar quarter for which Customer has prepaid for the respective quarter. Utilization of the service by Customer and/or its customers following the effective date of such change shall constitute acceptance by Customer of such change(s) in terms.

7. AGREEMENT MODIFICATIONS
BrightonDesign.net   reserves the right to make changes to the above terms and conditions of this agreement upon thirty (30) days written notice to Customer, advising of the change and the effective date thereof. Notices may be sent by email, fax, or express mail to the email address, fax number, or address most recently provided and will be effective upon transmission. Evidence of successful transmission shall be retained. It is the responsibility of the Customer to provide BrightonDesign.net   with the most current contact information.

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