Terms and Conditions

Terms and Conditions

Terms and Conditions

Every online service / ISP has policies. Here are ours! Reading through the rules can sometimes be tedious. We've done our best to come up with a set of policies that protects you and us. We think you'll find that they are all pretty sensible and necessary. If you ever have ANY questions about them, please don't hesitate to let us know!

Brainstorm Internet (Brainstorm), agrees to provide and User agrees to receive access to the Internet according to the following terms and conditions:

The benefits or rights conferred by this agreement are nontransferable. Use of Brainstorm accounts is expressly limited to the individual or business whose name appears on the account.

Customer responsibilities

User agrees to use the service in manner consistent with any and all applicable laws. In the event that this account is not used in accordance with all Applicable Laws including, but not limited to Local, State or Federal Laws, Brainstorm reserves the right to cooperate with all or any law enforcement agencies.

Reselling of your web space is prohibited unless expressly contracted with Brainstorm.

Illegal material on your web pages is prohibited.

User is responsible for all use of User's account and confidentiality of password. We will suspend access or change access to User's account immediately upon notification by User that his her password has been lost, stolen or otherwise compromised. Brainstorm is not liable for any usage and or charges prior to or after Brainstorm makes the necessary account alteration.

User is responsible for all local and long-distance telephone charges for connecting to Brainstorm.

Services provided by Brainstorm will be considered subscription services, unless specifically agreed to otherwise. Unless the user cancels a subscription service in advance of the renewal date, subscription services will be automatically renewed by Brainstorm and users will be responsible for renewal charges.

Customers who sign a Service Agreement must give us 30 days written notice for service termination.

User agrees to pay Brainstorm all charges relating to the use of User's account according to rates and prices stated online at the time of commencement of that subscription term. If an account becomes delinquent more than 30 days from the date of billing, Brainstorm reserves the right to send the account to collections. If sent to collections, the person responsible for that account will be held responsible for all additional fees incurred.

Brainstorm reserves the right to suspend access to service for User's account upon an indication of credit problems including delinquent payments.

Brainstorm reserves the right to change prices/rates at any time.

Brainstorm users may use their account at any location or locations they choose under the following terms. 1) An individual account may NOT be used by persons not a member of the immediate family. 2) A business account, purchased by an employer for an employee may not be used by that employee at home as a personal account. It may, however, by used on a laptop computer if the employee uses such a computer while away from the employment location as part of a business trip or the regular duties of his/her employment.

The Brainstorm service is provided on an "as is, as available" basis. No warranties, expressed or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to Brainstorm or any information or software therein. Brainstorm is in no way responsible for and will not issue any reimbursements for any losses of income due to disruption of service by Brainstorm or its providers.

Neither Brainstorm nor its Information Providers are responsible for any damages arising from User's use of Brainstorm or by User's inability to use Brainstorm service.

Brainstorm reserves to right to change without notice the Brainstorm service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.

Brainstorm is not responsible for User's personal files residing on Brainstorm server.  User is responsible for independent backup of his/her data stored on Brainstorm servers.

Brainstorm reserves the right to delete User's personal files after one or both parties terminates agreement.

Brainstorm reserves the right to delete any User's email mailbox that has not been checked or received email within a 3 month period of time. At such a time any unread messages will be deleted.

Brainstorm reserves the right in its sole discretion to delete any information entered into Brainstorm by User. Brainstorm and its authorized representatives shall have the right, but shall not be obligated, to edit publicly viewable information.

User hereby agrees that any material submitted for publication on Brainstorm servers through user's account does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or libelous. Software intended to facilitate any such violations or infringements may not be stored on Brainstorm web servers.

Brainstorm, at its sole business judgment, may terminate this Agreement immediately or suspend User's access to the service upon any breach of this Agreement by User, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of Brainstorm that User may be performing activities harmful to Brainstorm or its Users, employees, vendors, business relationships or any other users of the Internet.

The following violations of "netiquette" will be responded to with actions ranging from warning up through the immediate termination of service. When these violations occur, it puts our company at risk.

Tier 1 - The following violations will be responded to with a warning:

(a) Sending unsolicited commercial mass emailings (i.e., to more than 25 users) which provoke complaints from the recipients, or otherwise spamming which provoke complaints.

(b) Owning a website that becomes compromised so that hackers use it for spamming or other harmful exploits. This includes hosting a form mailer which is exploited.

(c) Running an open relay mail server.

(d) Running any kind of mail server that is used for spamming, phishing, or other types of harmful and unsolicited messages.

(d) Actions resulting in the blacklist of one or more of Brainstorm's IP addresses.

Tier 2 - The following violations will be responded to by suspending the customer's account. The customer may reactivate their account by calling in. However at that time a second and final warning will be issued.

(a) Multiple (Five or more) spam complains from sending unsolicited commercial mass emailings (i.e., to more than 25 users) which provoke complaints from the recipients, or otherwise spamming which provoke complaints.

(b) Engaging in activity resulting in violations of the Digital Millenium Copyright Act (DMCA) or complaints about copyright violations from legitimate copyright owners. Inluding but not limited to file sharing through bittorrent or similar technologies.

(c) Advertising or running any kind of a phishing website.

Tier 3 - The following violations will be responded to by permanently terminating service.

(a) Intending to harm or exploit minors in any way.

(b) Soliciting or collecting personal information for illegal use.

(c) Second incident of multiple spam complaints.

(d) Second incident of engaging in activity resulting in violations of the DMCA or complaints from copyright owners.

(e) Second incident of advertising or running any kind of a phishing website.

(f) Second incident of actions resulting in a blacklist.

(g) Second incident of running an open relay mail server, or running any kind of mail server that is used for spamming, phishing, or other types of harmful and unsolicited messages.

(h) Second incident of website that becomes compromised so that it's used by hackers or hosting a form mailer which is exploited.

Users whose accounts are terminated for any of the above infractions are also responsible for the cost of labor to cleanup and respond to complaints incurred by Brainstorm.

This document and the rights and duties of the parties shall be governed by and interpreted according to the laws of the State of Colorado.

Brainstorm may modify these terms and conditions upon notice published Online via Brainstorm. User's use of Brainstorm services after such notice shall constitute User's acceptance of the modifications to this Agreement.

Non-enforcement of any section of this Agreement does not constitute consent and Brainstorm reserves the right to enforce this Agreement at its sole discretion. If any one or more paragraphs in this Agreement is found to be unenforceable or invalid, User's and Brainstorm's agreement on all other paragraphs shall remain valid.

Monthly Dues must be paid on a timely basis to maintain User's membership privileges. Monthly dues charged to Credit Card AUTO-BILLING (if applicable) will continue regardless of your use unless and until you expressly cancel the auto-billing, which you may do at any time, unless bound by a specific term or agreement.

When paying by check User expressly authorizes Brainstorm to collect from User a penalty fee of $25 for a returned payment of any kind, including returned check or disputed credit card/bank transaction.

The User is in default of this agreement if:

1. Any User covered by this agreement fails to abide by any present or future Brainstorm policy or regulation; or

2. We do not receive a monthly payment on or before its due date; or

3. Any material statement by the User in this agreement is false.

Failure to use this account(s) does not relieve the User of payment obligations, except as specifically provided in this contract.

In the event the User defaults on this contract, Brainstorm may suspend or revoke the User's membership privileges and the User may have to reapply for membership at the price Brainstorm is charging to new members.

The User agrees to pay Brainstorm's reasonable attorney's fees and court costs, where permitted, in collecting the amount due in the User's contract or subscription agreement, including the collection of returned checks.

If the User registers a domain name (ie. mycompanyname.com) using Brainstorm's DNS servers without prior approval from Brainstorm, the User agrees to pay Brainstorm $10 per day (not to exceed $100) until approval is granted.

Communication systems are subject to degradation of service from phenomena such as so-called "Line-Noise" interference and other causes beyond the reasonable control of Brainstorm.

Brainstorm may assign this order, its rights here under and its ownership of said service and commitment at anytime without notice.

In addition to any price specified herein, User shall pay the gross amount of any present or future sales, use, excise, value added or other similar taxes applicable to the price, sales or delivery of any products or services furnished here under or to their use by customer.

Brainstorm reserves the right to terminate or change priority of any process started by said user.

Brainstorm reserves the right to collect damages (software, hardware & man hours) if any harm is done (due to USER'S negligence) to Brainstorm which requires repair or reconfiguration of any kind.

Brainstorm may offer credits to users who refer additional users who sign up for and keep Brainstorm accounts through at least one billing cycle, provided that the new users signing up mention at the time of signup the login name or accounting ID number of the user who referred them.

Cancellation of Services

Unless otherwise noted below, you must request cancellation before the beginning of the next billing period in order to avoid being charged for the next billing period.  No refunds will be given for any unused time in the current billing period. For example, if your service is on annual billing, there's no refund if you cancel in the middle of the year.

On cancellation, no refunds will be given for any credit balance on the account.  For instance, if your service is on monthly billing and you've pre-paid for several months, but then cancel service, no refund will be given for the prepaid months.

Additional Notice required for Certain Services

VoIP (Voice over Internet) Service:

A minimum 30 day cancellation notice is required for all VoIP services.

Domain Name Registration:

A minimum 30 day cancellation notice is required prior to the domain expiration/renewal date.

Brainstorm Internet reserves the right to amend or change this cancellation policy at any time with notification thereof on this webpage.

Abusive Use

User may not run publicly accessible "services" such as SMTP, HTTP, MUD, NAPSTER or IRC servers.

Ownership of Materials

You shall retain all rights to all original messages you post and all original files you upload. Likewise, you must respect the ownership rights of others in their own messages and files. You may not post or upload any messages or files unless you own them, or you have full authority to transmit them to this system. We OWN certain things you will find on this system, including the name of our system, the "look and feel" of our system and the collective work copyright in sequences of public messages on our system. You cannot reproduce any message thread from our system, either electronically or in print, without our permission and the permission of all the participants in the thread. This is not a complete list - other things on the system are also our property. Before you copy ANYTHING from our system with plans of reproducing it or distributing it, you must contact us about it.

Limitation of Liability and Indemnity

The great danger for us, and for all Internet Service Providers, is that we might be held accountable for the wrongful actions of our callers. If one caller libels another caller, the injured caller might blame us, even though the first caller was really at fault. If a caller uploads a program with a computer virus, and other callers' computers are damaged, we might be blamed even though the virus was left on our system by a caller. If a caller transfers illegal credit card information to another caller through private electronic mail, we might be blamed even though we did nothing more than unknowingly carry the message from one caller to another. We did not start this service to take the blame for others' actions, and we cannot afford to operate it if we must take that blame. Accordingly, we need all callers to take responsibility for their own acts, and to accept that an act by another caller that damages them must not be blamed on us, but on the other caller. These needs are accomplished by the following paragraph:

You agree that we will not be held responsible to you for any indirect, consequential, special or punitive damages or losses you may incur in connection with our system or any of the data or other materials transmitted through or residing on our system, even if we have been advised of the possibility of such damage or loss. In addition, you agree to defend and indemnify us and hold us harmless from and against any and all claims, proceedings, damages, injuries , liabilities, losses, costs, and expenses (including reasonable attorneys fees) relating to any acts by you or materials or information transmitted by you in connection with our system leading wholly or partially to claims against us or our system by other callers or third parties.

When permitted by law, we will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consquential, exemplary, or punitive damages resulting from use of our services. To the extent permitted by law, our total liability for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the services (or, if we choose, to supplying you the services again) during the 12 months preceding the date of the event that is the basis for the claim.

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