1.) Account Setup

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) for signs of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up with so that we have a way to contact you prior to and during account setup.

2.) Content

All services provided by us may only be used for lawful purposes. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, and pornography.

Examples of unacceptable material:

IRC Bots

Warez sites

Pirated software

Hate sites

Hack programs and archives

Commercial AND non-commercial pornography

ANY USER WHO VIOLATES THIS POLICY WILL HAVE THEIR ACCOUNT LOCKED AND THEIR WEBSITE REMOVED FROM PUBLIC ACCESS UNTIL THE INAPPROPRIATE MATERIAL OR FILES ARE REMOVED. A SECOND VIOLATION OF THIS POLICY WILL BE GROUNDS FOR ACCOUNT TERMINATION WITHOUT NOTICE.

3.) ZERO TOLERANCE Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. ANY USER WHO VIOLATES THIS POLICY WILL HAVE THEIR ACCOUNT TERMINATED WITHOUT NOTICE. If you are going to compile a non-spam mailing list that is relevant to your business or account, please notify us with details.

We reserve the right to require changes or disable as necessary any website, account, database, or other component that does not comply with this policy, at our sole discretion. We also reserve the right to make any such modifications in an emergency at our sole discretion.

We reserve the right to charge a clean up fee to the holder of the account used to send any unsolicited e-mail. The cost of the clean up fee is left entirely to the discretion of BrillianceHost.com and will be determined based on costs involved with a user's specific violation of our spam policy. All rights reserved.

4.) Payment Information

You agree to supply appropriate payment for the services received from us, in advance of the time period during which such services are provided. You agree that until and unless you notify BrillianceHost.com of your desire to cancel any or all services received, those services will be billed on a recurring basis.

5.) Backups and Data Loss

We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of your account's files and data stored on our servers. While we do perform backups, these are meant for catastrophic emergency situations like an earthquake that completely destroys the data center, for example.

6.) Cancellation and Refunds

We reserve the right to cancel your account at any time.

Customers may cancel at any time. We give you an unconditional 30 day money back guarantee on managed, shared hosting. Refund requests after 30 days will not be honored, only cancellation requests. Cancellation requests will not be prorated, however we will leave your account active right up until your next billing cycle before removing it from the server. The billing cycle is the specific numbered day of the month that you signed up with us and occurs on that day every month thereafter, like the 10th of every month, for example.

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us (ie you have multiple accounts with us).

7.) Resource Usage

Users may not initiate the following:

a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.

b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.

c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

d) Run any software that interfaces with an IRC (Internet Relay Chat) network.

e) Run any gaming servers such as counter-strike, half-life, battlefield1492, or other internet-based games that require users to connect to your account.

8.) Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, or terminate the account and/or charge you an additional fee for the overages. We WILL, however, contact you about bandwidth overages prior to any negative action towards your account. Unused transfer in one month cannot be carried over to the next month.

9.) Price Change

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on our site, and the right to increase the amount of resources given to plans at any time without notice.

10.) Indemnification

Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, 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 customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless any liabilities including but not limited to: (1) any injury to person or property caused by any products sold or otherwise distributed in connection with us; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from BrillianceHost.com's server.

11.) Disclaimer

We will not be responsible for any damages your business may suffer in connection with the use of our services. We make no warranties of any kind, expressed or implied for services we provide. We disclaim any warranties of merchantability or fitness for a particular purpose. This includes but is not limited to: loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by us and our employees.

12.) Changes to the Terms Of Service

We reserve the right to revise our policies at any time without notice.