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:

pirated software
hacker programs or archives
Warez sites

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.

Traffic Usage
All account plans come with a predetermined amount of traffic allowance.

IRC
We currently do not allow IRC or IRC bots to be operated on our servers.

Server Abuse
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 discretion.

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.

Billing
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.

Service Fees
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.
Trial periods
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.

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.

Account Deactivations
Any account deactivated due to non-payment will require a reactivation fee of $20.00 prior to reactivation.

Cancellation Refunds
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 discretion.

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
Violations of these Acceptable Use Policies should be referred to This e-mail address is being protected from spambots. You need JavaScript enabled to view it. . All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer
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 sees fit.

Account Activation
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.