Last revision date: December 4th 2012
All services provided by BrainStorm Network - OneProvider ("BrainStorm Network - OneProvider") may
be used for lawful purposes only. Transmission, storage or presentation
of any information, data or material in violation of any United States
federal, state or city law is prohibited. This includes, but is not limited
to: copyrighted material, material we judge to be threatening or obscene,
or material protected by trade secret and other statute. The subscriber
agrees to indemnify and hold harmless BrainStorm Network - OneProvider from any claims resulting
from the use of service which damages the subscriber or any other party.
Prohibited are sites that promote any illegal activity or present content
that may be damaging to BrainStorm Network - OneProvider' servers, or any other server on
the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
hacker programs or archives
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL
MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER
ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE,
AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, BrainStorm Network - OneProvider
WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS. FURTHER MORE, NO REFUND WILL BE MADE FOR PRE-PAID TERMS IF AFTER A CANCELLATION MADE IN RESULT OF NON-ADHERENCE TO THESE TERMS.
All account plans come with a predetermined amount of traffic allowance.
We currently do not allow IRC or IRC bots to be operated on our servers.
Any attempt to undermine or cause harm to a server or customer of BrainStorm Network - OneProvider
is strictly prohibited. As our customer you are responsible for all your
accounts. Should you violate the Terms of Services outlined within, your
account will be cancelled without chance of refund.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole
All sub-networks, distributive hosting sites and dedicated servers of
BrainStorm Network - OneProvider must adhere to the above policies, with the exception of
system resources in respect to dedicated servers.
By the Account Activation Date of each month, BrainStorm Network - OneProvider shall either:
(1) debit the client's credit card (when such information has been provided
by the client); or
(2) deliver, by e-mail or regular mail, an invoice in accordance with
the applicable Service Fees for services rendered for the current month.
When an invoice is delivered to the client, payment shall be remitted
to BrainStorm Network - OneProvider by no later than the specified payment due date. BrainStorm Network - OneProvider
shall be entitled to immediately terminate this agreement for client's
failure to make timely payments. You will be provided with an invoice
on a monthly basis. All credit cards are billed automatically on a monthly
basis. It is the client's responsibility to ensure that they have sufficient
credit to cover this transaction. In the event that there is insufficient
credit, we will send an e-mail notification, at which point we will need
to be provided with another credit card account number within 24 hours.
If we do not receive a response within 24 hours, the account, and all
accounts under that account plan, will be suspended.
Certain services carry a setup fee charged by BrainStorm Network - OneProvider to
client, which must be paid by client in order to have use of said services.
If client terminates this agreement, client shall be responsible for any
and all outstanding fees owed to BrainStorm Network - OneProvider and agrees to pay
any and all fees incurred by client. Because the services are provided
on a monthly basis, the client will be responsible for service fees incurred
each month, regardless of when client provides notice of termination.
Thus, for example, if the client provides notice of termination on the
15th day of a particular month, the client will be responsible for service
fees for the entire month, and such fees will not be pro-rated or refunded.
Money back guarantee & refund policy
We offer a 10 day Money back policy for undelivered servers. This does not apply to purchases made with a discount of 25% or more. These purchases are final, and non refundable.
Refunds: If client has retained the services for longer than one month and has pre-paid BrainStorm Network - OneProvider for such services, refunds will not be issued for any unused portion of the lease, as your purchase benefits from a long-term rebate. Therefore, if a client's account is cancelled at any point during a 3month, 6month or one-year term, the client will not be entitled to a refund for the months remaining.
We do not offer trial periods of any kind for dedicated servers. Abusing our 10 day refund policy in order to test our services then get a refund is not acceptable, and no refunds will be made without proper justification, or failure on BrainStorm Network - OneProvider's behalf to provide the services purchased.
NB: Adherence to the Priority or VIP support plans is not refundable under any circumstance. We also will not refund servers mistakenly purchased in the wrong location; this includes servers purchased in a geo-located city as this information is made clearly available for all such cities.
General Refund guidelines
We will not refund or credit under the following circumstances:
-Geo-location or mistake in location
-Failing to ask a question on the nature of our services, or a particular spec or configuration.
-Account termination or suspension due to non-following of our Terms of Service.
-Account termination or suspension due to any kind of illegal activity.
-Changing your mind!
We reserve the final decision on refunds, based on the situation and reason for cancellation. The general rule is, if there is an issue on your server, our staff will dedicate themselves to fixing it. Any delays that prevent you from using your server will be credited, and issues that we are simply unable to solve will be refunded. It is important to note that refund requests based on information that was included in the terms of service or clearly available on our website will always be refused. The best example of this is if you have purchased a server that is geo-located and needed a server that is physically available. Please issue a request to our support staff before making such a purchase, if you are unsure.
Any account deactivated due to non-payment will require a reactivation
fee of $20.00 prior to reactivation.
We DO NOT refund partial monthly fees to accounts. We require a 15 days
notice for a cancellation.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole
Limitation of Liability
BrainStorm Network - OneProvider shall not be responsible for any claimed damages, including
incidental and consequential damages, which may arise from BrainStorm Network - OneProvider
' servers going off-line or being unavailable for any reason whatsoever.
Furthermore, BrainStorm Network - OneProvider shall not be responsible for any claimed damages,
including incidental or consequential damages, resulting from the corruption
or deletion of any web site from one of BrainStorm Network - OneProvider ' servers. All
damages shall be limited to the immediate termination of service.
Violations of these Acceptable Use Policies should be referred to
All complaints will be investigated promptly. Failure to follow any term
or condition will be grounds for immediate account deactivation.
As our hosting services are solely self-managed, the customer is fully responsible for data backup. BrainStorm Network - OneProvider cannot be held liable for system down time, crashes or
data loss, nor can BrainStorm Network - OneProvider be held accoutnable for any loss on projected income due to system down time, crashes, or data loss. Certain
services provided by BrainStorm Network - OneProvider are resold. Thus, certain equipment,
routing, software and programming provided by BrainStorm Network - OneProvider are not directly
owned or written by BrainStorm Network - OneProvider. Moreover, BrainStorm Network - OneProvider holds no
responsibility for the use of our client accounts. Failure to comply
with any terms or conditions will result in the automatic deactivation
of the account in question. We reserve the right to remove any account,
without advance notice for any reason without restitution, as BrainStorm Network - OneProvider
By activating your account with BrainStorm Network - OneProvider, you agree to the above
policies and disclaimer. Upon requesting activation of an account, you
are required to accept these policies, guidelines and disclaimer, and
a copy of your acceptance is forwarded along with your activation request
to be maintained with your account information.
NOTICE: If you sign up for an account and fail to comply
with these terms, no refunds will be given. We will, however, advise you
by e-mail or phone prior to taking any action to provide you with an opportunity
to resolve the issue.
Server Uptime Guarantee
BrainStorm Network - OneProvider guarantees 99.99% service (http, ftp, pop, imap, smtp) uptime on in Tier 1 locations only. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of the excess downtime, as per our Service Level Agreement.
BrainStorm Network - OneProvider reserves the right to amend any or all of the above policies,
guidelines and disclaimer without notification. We also retain the right
to increase any pricing and make changes to our account plans without
notification. We will not however increase active account plans without reasonable justification, usually due to changes in said account plan.