Last revision date: September 29th 2017
Illegal activities and content
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 Canadian federal, province 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.
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 are prohibited. Links to such material are also prohibited.
Examples of unacceptable content or links:
- Pirated software
- Hacker programs or archives
- Warez sites
- Hate speech related activities
- Child, juvenile, animal pornography and all related activities
- Copyrighted material
NOTICE: If your account is found to contain or link to illegal activities such as described by, but not limited to these Terms of Service, BrainStorm Network - OneProvider reserves the right to terminate your account without further notice. No refund will be made for pre-paid terms if termination occurs following infringement of these Terms of Service, or if required by law enforcement agencies.
Some server plans come with a predetermined amount of traffic allowance. Overusage charges may apply, and can vary from one location to the next. They may also apply at different rates for OneCloud services vs dedicated servers, even if they are in the same location. Please contact Sales for further information on those charges.
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 and all associated services may be terminated without further notice or refund.
Refusal of Service
We reserve the right to refuse, cancel or suspend services, at our sole discretion, if we deem that these terms have been breached.
All sub-networks, distributive hosting sites and dedicated servers of BrainStorm Network - OneProvider must adhere to the policies outlined in this Terms of Service.
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.
Invoices are generated 14 days prior to the original Account Activation Date, and 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. Credit cards can be billed automatically unless a direct request is made to our Billing team via the OnePanel™ not to do so, at least 48hours prior to the payment due date. It is the client's responsibility to ensure that they have sufficient funds to cover all transactions. In the event of payment failure, an automated invoice reminder will continue being sent. It is the customer's responsibility to provide an alternate payment method before the due date is reached. All late payments may result in account or service suspension.
Invoices not paid before or on the due date will incur a late fee of 5% of the total amount that remains unpaid on the invoice.
OneCloud™ payments are always due on the 1st of each month.
For any OneCloud™ subscription started prior to the 15th of the month, an invoice will be generated for the remaining amount of days until the end of the month. For example, a OneCloud™ plan purchased on the 10th will only incur an invoice for 20 or 21 days (20 or 21 /30 or 31)
For any OneCloud™ subscription started after the 15th of the month, your invoice will be generated for 1 month + x days.
For example, a OneCloud™ plan purchased on the 20th will incur an invoice for 1 month + 10 or 11 days (40 or 41/30 or 31). Your next invoice will be due in 40 or 41 days, on the 1st of the following month.
Service Suspension and Termination
Invoices are issued 14 days prior to the applicable due date for each active service.
After the due date is passed without a payment being received and an invoice being marked as PAID, a first warning e-mail will be sent.
Failure to pay within 24hours will result in a second and final suspension warning e-mail.
Starting at midnight (EST) of the 3rd day after the due date, services may be suspended at any time, and any payment MUST be communicated to a support agent to avoid suspension or full termination. If suspension occurs, a suspension notification is sent via e-mail, at which point full service termination may happen at any time within 48 hours following the suspension e-mail.
BrainStorm Network - OneProvider does not guarantee that your service may be recuperated after termination and may not be held liable for loss of data, licensing rights, promotional prices or conditions, as well as any attached devices or secondary IP addresses following service termination.
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.
Fraud and payment verification
Upon receiving a new customer's first paid order, BrainStorm Network - OneProvider reserves the right to issue an Order Verification e-mail, requesting further information in order to validate your account. Until all required information is provided and deemed satisfactory by our fraud verification team, no services or support can be provided. The 3 business day delivery time starts after the verification step is passed. Verification is not necessary for all orders, and may be requested again any time you change your payment method.
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 3 month, 6 month 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.
Service termination or suspension due to non-payment, or late payment of any services, licenses, or add-ons attached to said services
Already given credits
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 a server, our staff will dedicate themselves to fixing it. Any delays that prevent our customer from using their 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. For example, if a customer has purchased a geo-located server in lieu of a physically located server. Please issue a request to our support staff before making such a purchase.
About Datacenter locations
While most of our announced locations are where the datacenters are, OneProvider reserves the right to setup a server in a location nearby (in the same country), generally just outside of the city boundaries. You may obtain the exact datacenter location upfront by contacting our support team.
Any account deactivated due to non-payment will require a reactivation fee of $20.00 prior to reactivation.
We DO NOT refund partial cost of your services. We require a 7-days notification prior to an invoice’s due date for cancelling a service. No refund can be issued for incomplete billing cycles, even if a cancellation request is issued prior to the 7-days period. Following the 7-days period, the previously generated invoice will have to be paid before issuing a cancellation request. The server will then be cancelled on the following due date.
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 of these Acceptable Use Policies should be forwarded to firstname.lastname@example.org. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation or termination.
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 times, network or hardware failures or data loss, nor can BrainStorm Network - OneProvider be held accountable for any loss on projected income due to system down times, network or hardware failures 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 may result in the automatic deactivation or termination of the responsible account. We reserve the right to remove any account, without advance notice for any reason without restitution, as BrainStorm Network - OneProvider sees fit.
By activating your account with BrainStorm Network - OneProvider, you agree to the above policies and conditions. 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 may however advise you by e-mail or phone prior to taking any action to provide you with an opportunity to resolve the issue, at our own discretion.
Server Uptime Guarantee
BrainStorm Network - OneProvider guarantees 99.99% service (http, ftp, pop, imap, smtp) uptime 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, and a 30 day warning will be provided for all such price increases.