Brontobytes Services Agreement

Brontobytes maintains this Web site as a service to the Internet community, as well as the small business community. Brontobytes permits users to browse and peruse Brontobytes Network for the purpose of accessing information, products and services to develop and grow a business presence online. By visiting this Web site and/or using or purchasing goods and/or services from or through this Web site, you agree to be subject to the terms and conditions set forth herein and all applicable laws. Brontobytes may revise these terms and conditions and any product offerings or pricing at any time, without notice, at Brontobytes sole discretion, by updating this posting.

This offer is expressly conditioned upon your acceptance of these Terms of Service ("Terms"). Your use of or access to Brontobytes (www.brontobytes.com) constitutes your Agreement to these Terms, as in effect from time to time. This offer and your acceptance thereof represents the entire agreement between you and Brontobytes, and supersedes any and all other communications, prior, contemporaneous or subsequent, and any course of performance or course of dealing, except as modified by revisions of this posting by Brontobytes or by written agreement by an authorized officer of Brontobytes (provided, however, that any such revised posting shall take effect prospectively from the date of the posting). The Terms and the relationship between you and Brontobytes shall be governed by and interpreted in accordance with the laws, without reference to its principles of conflicts of law. Brontobytes reserves the right to send notices to its customers of changes to the Brontobytes Privacy Statement or these Terms of Service, or of any material changes affecting their plan.

It is your responsibility to keep Brontobytes notified of any changes to your e-mail address or contact information to assure that customers receive all such notices from Brontobytes. Billing and contact information can be updated directly through the Brontobytes Members Area or by contacting Brontobytes support department at


Payment Policy

Monthly, Annually, Biennially and Triennially payments may be made by PayPal or secure Credit Card. Your first payment may include a setup fee, if indicated in the registration process.

You have 30 days to dispute any charge or payment processed by Brontobytes. If you have a question concerning a charge you believe is incorrect, please contact us at

Brontobytes reserves the right to suspend an account and its Website if, for any reason, we do not receive the payment.


WHMCS Addon Modules

Brontobytes sells WHMCS Addons that work with the WHMCS software, and the addon licenses sold by Brontobytes are valid for single websites. Staging/Development websites are allowed as part of the single license. These licenses include 1 year of updates.

The lifetime license grants you lifetime of updates for the addon(s) that you purchase and allows you to use that addon module for the life of Brontobytes and the life of that addon module.


Refund and Cancellation Policy

You are free to cancel your web hosting plan at any time.

All payments to Brontobytes are non-refundable. This includes any one time fees, setup fees, monthly fees, annual fees, biennial fees, and triennial fees regardless of usage.

If you purchase a plan that includes a 30 day money-back guarantee. The 30 day money-back guarantee covers cancellation of an account during the first 30 days of service, due to our inability to deliver satisfactory service. The customer will be refunded nearly all hosting charges made to their credit card minus any setup fees and/or payment gateway fees which are non-refundable.

  • Refunds will not be given for any reason in the case of account non-use, misuse, or abuse.
  • Violations of the Resource Policy will waive the refund policy.
  • Refunds will not be given on domain name registration and/or transfer and/or renewal fees, additional related items or services; this includes but is not limited to SSL certificates, dedicated IP addresses, TRUSTe privacy.
  • In case your plan provided a free domain, the money paid by Brontobytes for your free domain is not refunded back to you.
  • Accounts terminated by Brontobytes for violating our Terms of Service do not qualify for our 30 day money-back guarantee. For example, if your account is cancelled due to spamming, you will not be given any refund.
  • WHMCS addon modules, custom module development, licenses, software, scripts and apps are non-refundable, unless the WHMCS addon module is unsupported by a newer WHMCS version. In that case, we would attempt to resolve it first before processing any refund request. If a resolution is found, no refund is accepted.
  • VPS plans have their own refund policy and do not include a 30 day money-back guarantee. Refunds are for the unused days that are left in a month and only during your first month of service with us.
  • In any case, when processing a refund, we reserve the right to keep up to 5% of the total amount that you originally paid as our payment gateways have changed their terms and now keep their processing fees during refunds, and we must pay those fees when refunding.

All inquiries regarding this guarantee should be directed to


Past Due Invoices

We allow 7 days to pay any past due invoices. If not paid within the seven days your account will be suspended and you will have an additional seven days to pay all open invoices.

If no payment has been received within 7 days of the suspended notice then the account will be placed into an inactive state and a fee will be assessed to reactivate the account.

Any account more than 45 days past due will be automatically deleted and all of your files/data/emails will be removed from our servers. Backups will eventually be removed automatically.


Registration

When you register with Brontobytes, you become a part of the Brontobytes' community. As a customer of the Brontobytes' community, you may have access to information and the ability to use Brontobytes buying and directory services as you expand your business. If you do not accept any of these terms, do not register for the services.

By registering with Brontobytes, you agree to receive a copy of the Brontobytes' newsletters, as well as other special Brontobytes' offers that may arise from time to time. Should you not wish to receive the newsletter or any related such mailings, you may unsubscribe by using our subscription settings form.


User Data

Brontobytes does not sell user data at any time and user data can be randomised or deleted, upon request.

Pursuant to Brontobytes' Privacy Statement, Brontobytes may disclose to third parties (related to your hosting plan and/or domain registration with and through Brontobytes) certain aggregate information contained in your Registration Data or related data, provided that, such information will NOT include personally identifying information, except as specifically authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, to enforce the Terms, or under any of the other circumstances set forth in the Brontobytes privacy policy, as may be amended from time to time.


Ownership

The credit card holder or owner of the PayPal e-mail address which is utilized for payment on the account is designated as the authorized owner of the account.


Brontobytes Services and Content

Brontobytes makes no guarantee as to the availability of or access to (i) its Web site, (ii) any customer website or other website, information or material hosted by Brontobytes, or (iii)
the products and/or services available on or through any of the above. Brontobytes is not responsible for the content of any Web page hosted on Brontobytes, and the opinions and views expressed in the Web pages hosted on Brontobytes do not necessarily reflect those of Brontobytes. The contents of the Web pages hosted on Brontobytes are not monitored or reviewed in any way before they appear on Brontobytes.

Brontobytes reserves the right to disable any scripts or other technology used by a member which has or could have a negative impact on the performance of Brontobytes systems, e-mail capabilities and/or hosting environment.

Brontobytes services may only be used for lawful purposes. Transmission or solicitation of any material that violates any laws that may apply in this jurisdiction or your local area is prohibited. This may include material that is obscene, threatening, harassing, or libelous, promotes gambling, or is in any way a violation of intellectual property laws. No material may be published on Web pages hosted by Brontobytes that would commonly be considered "indecent" or "appealing to the prurient interest" also commonly referred to as "adult" material, nor will any links to such Web sites be tolerated within the Web pages hosted by Brontobytes.

Examples of prohibited content or links include (but are not limited to):

  • Adult Sites
  • Topsites
  • IRC Scripts/Bots
  • Proxy Scripts/Anonymizers
  • Pirated Software/Warez
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to rapidshare)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • MUDs/RPGs/PBBGs
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Push button mail scripts
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
  • Tell A Friend Scripts
  • Anonymous or Bulk SMS Gateways
  • Bitcoin Miners
  • PayDay Loan Sites (including any site related to PayDay loans, PayDay loan affiliate progams, etc)
  • Game servers (dedicated game server programs)
  • Distribution of music files or any other material in which the account holder does not own the copyright.

Brontobytes will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.


Housing of any of the following files is considered a violation of the terms of service

  • IRC - We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited. Also any program that acts like an IRC server or that provide chat functions that run as background processes are not allowed.
  • Proxies - We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.
  • PortScanning - We do not allow any kind of portscanning to be done on or from our servers or network.
  • Commercial Advertising - Email -
    • Spamming, i.e., the sending of unsolicited email, from any Brontobytes server or any server located on the Brontobytes network is STRICTLY prohibited. Brontobytes will be the sole arbiter as to what constitutes a violation of this provision. This also includes Opt-in Opt-out mail programs and mail that either directly or indirectly references a domain contained within an account at Brontobytes.
    • Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Brontobytes customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to or from any Brontobytes-hosted domain, or referencing any Brontobytes account, is prohibited.
    • Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this Terms or the Terms of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks is prohibited.
    • Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.
    • Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.
  • ShoutCast Servers - We do not allow Shoutcast Servers due to bandwidth and load issues.
  • Background Running Programs - We ask that users request permission before enabling persistent background processes of substantial load.
  • PHP Shell - PHP Shells or any likeness thereof are prohibited. Files with any reference to PHP Shells or likeness thereof are prohibited.
  • Server Abuse - Any attempts to undermine or cause harm to a Brontobytes server or subscriber of Brontobytes is strictly prohibited including, but not limited to:
    • Logging into a server or account that you are not authorized to access
    • Accessing data or taking any action to obtain services not intended for you or your use
    • Attempting to probe, scan or test the vulnerability of any system, subsystem or network
    • Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
    • Transmitting material that contains viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the system
    • Interfering with, intercepting or expropriating any system, data or information
    • Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system

You will be held responsible for all actions performed by your account whether it be done by you or by others.
All resellers of Brontobytes must adhere to the above policies. Much of the content and many of the goods and services offered on or through Brontobytes are provided by third parties, usually known as "Resellers" or "Affiliates", under contract with Brontobytes. When you access such content or purchase such goods or services, you are contracting with an Affiliates and not with Brontobytes. Brontobytes makes reasonable commercial efforts to assure that its Affiliates are reputable but cannot guarantee the content, goods and/or services that they provide.


Resource Abuse Policy

Any website on our shared servers that uses a high amount of server resources (CPU, memory usage, and network resources) will be given an option to upgrade to a VPS server. The abuse and misuse of shared system resources is a serious problem. Accounts on a shared server must share resources with other users so we must limit how much of the CPU and memory that can be used by any one account.

In all fairness, we cannot allow one or two clients to use all of the system resources on a shared machine and have all other clients suffer because of it. Excessive CPU & memory usage by one or more clients causes extreme slowness in all areas: MySQL, Email, HTTP and more. If the CPU & memory usage by a few clients gets out of hand, all sites hosted on the machine will return errors and not be accessible in any way.

Server Resource Limits:

  • Memory usage may not exceed the allocated amount per plan, which ranges from 768 MB to 1.5 GB for Web Hosting plans and from 3 GB to 9 GB for Business Hosting plans
  • CPU usage may not exceed allocated amount, usually 25%
  • Apache may not exceed 25 connections
  • 15 MySQL maximum user connections allowed
  • 150 to 500 max outgoing emails per domain per hour for Web Hosting plans and from 1500 to 5000 for Business Hosting plans

User may not:

  • Use 25% or more of system resources for longer then 90 seconds, unless communicated to Brontobytes staff beforehand. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
  • Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
  • Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
  • Run any software that interfaces with an IRC (Internet Relay Chat) network.
  • Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
  • Participate in any file-sharing/peer-to-peer activities.
  • Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
  • Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
  • When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php").
  • To help reduce usage, do not force HTML to handle server-side code (like PHP and SHTML).
  • Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.


While Brontobytes offers "unlimited" disk space & bandwidth, the purpose of a Brontobytes hosting account is to host web sites. Your web site(s) should be well optimized and not causing issues for others on your shared server. Using a hosting account primarily for online file storage or archiving electronic files is prohibited. Brontobytes web hosting are shared hosting environments, so to ensure fast & reliable service to all of our clients, accounts that adversely affect server or network performance must correct these issues or will be asked to upgrade to a VPS server, or we may restrict the resources your website is using.
Our hosting services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited. Brontobytes reserves the right to suspend and/or terminate the accounts of Clients whose use of disk space, bandwidth or other resources results in or presents the risk of degradation of service to other customers, regardless of the amount of disk space, bandwidth or other resources included in the Client's plan.

Web hosting accounts may not have an excessive number of inodes. There is currently a limit of 200.000 inodes on our shared web hosting accounts. The use of more than 200.000 inodes on a shared web hosting account may potentially result in a warning first, and if no action is taken future suspension and/or deletion. Accounts exceeding 100.000 inodes will automatically be removed from our backup system to avoid over-usage.
Every file (a webpage, image file, email, folder, etc.) on your account uses up 1 inode. Accounts that constantly create and delete large numbers of files on a regular basis, exceed the allowed inode limit, or cause file system damage may be suspended and/or terminated.

We allow customers to set up cron jobs to perform routine functions automatically. Any client who schedules cron jobs in such a manner that jobs take more then half the time to complete before the next scheduled iteration, and more frequently then 15 minutes is abusing the cron system. Any automated processes that excessively consume resources and impact server stability may be disabled at our discretion by our technicians.

There are special exceptions to these rules to be determined at the time we discover abuse. There are different combinations of usage that can create problems and other special cases. At any given time a server is unstable and an account is found to be the cause, we reserve the right to suspend the account to keep the server online and operating normally. If the usage is an increasing trend, we recommend the user invest in a dedicated server so the website can grow at a normal rate without restriction.

In the event your website has been suspended for resource abuse (abuse that cannot be resolved by removing/changing a script, etc.) and you do not wish to upgrade to a VPS server to accommodate your site needs, we will only release the suspension within 24-48 hours. This is to ensure the CPU intensive site slows down in traffic to avoid further damage and problems. A backup will then be provided of your files or you will be allowed FTP/cPanel access for a certain time period. Any questions about our abuse policy may be answered by opening a ticket with our support department.


Upgrade

You could upgrade your hosting plan(s) anytime.

If you are upgrading your hosting package first 2 weeks after your last payment; customer will pay the difference of the next package and will have a new subscription at next payment date for the last package. If you upgrade your hosting package after 2 weeks of your last payment; customer must pay new package price and start to using it with new date. Old subscriptions are subject to cancel after new one achieved.


Domain Names

If Client chooses to register a domain name(s) through Brontobytes, Client acknowledges and agrees that will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. Brontobytes does not offer refunds for domain name registrations and/or transfers and/or renewals for any reason; this includes but is not limited to misspelling of the domain name, non-use and/or misuse.

By registering a domain name, you enter into a contract of registration with Brontobytes, Enom inc. and/or NetEarth One inc. and/or Directi Group and the relevant Registry on the terms and conditions published at their websites.

If you are registering or transferring a domain name, you must also agree to the Domain Name Registration Agreement.

If you are registering a domain name or modifying your account details, you must verify your information by clicking on the link in the email verification sent by ICANN. Failure to do so will ensure the loss of your domain (not by Brontobytes).

The current domain pricing is displayed on our website and is subject to change without notice.

Domain renewal reminders will be sent in advance of expiration via email to the address stored in your client area.

Should an expired domain enter the redemption period, the cost of restoring the domain shall be paid by the Client.

Your web hosting account may includes a free 1 year domain registration or transfer and the applicable then-current pricing will be applied to your account. In the case of a refund request within the 30 day money-back guarantee, the money paid by Brontobytes for your free domain is not refunded back to you.


Dedicated IPs

Brontobytes will maintain and control ownership of all Internet protocol ("IP") numbers and addresses that Brontobytes may assign to you. Brontobytes may, in its sole discretion, change or remove any and all IP numbers and addresses.


SSL Certificates

If Client chooses to purchase a GeoTrust Digital Certificate through Brontobytes, Client acknowledges and agrees that will pay a fee(s) to purchase the digital certificate with the applicable digital certificate provider. Brontobytes does not offer refunds for SSL certificate purchases and/or renewals for any reason; this includes but is not limited to non-use and/or misuse.

By purchasing a digital SSL certificate, you enter into a contract with Brontobytes and GeoTrust, Inc. on the terms and conditions published at http://www.geotrust.com/resources/repository/legal.asp.


Network Uptime

Network Uptime is the total time in a calendar month that Brontobytes is available through the Internet, provided that Client has established connectivity. Brontobytes takes responsibility for Network availability, however, we cannot be held liable for upstream problems, outside of the network. Our guarantee is that the Network will be available to clients free of Network Outages, that render 100% packet loss, 99.9% of each calendar month, or your money back for that month.

Network Outages or Unscheduled Downtime is any unplanned or unscheduled interruption in Service availability during which Client is unable to access the services as described in the section titled "Network Uptime" above. A Network Outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem in Brontobytes network as confirmed by Brontobytes. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.

Scheduled Downtime is any Brontobytes scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible with a minimum of 12-24 hours notice.


Platform Compatibility

Brontobytes strives to maintain compatibility with a wide range of browsers, operating systems and individual user settings, but we cannot warranty that all of our services, tools and pages will perform optimally with every configuration. For best results, we recommend accessing Brontobytes services through a PC running Microsoft Windows 7, 8 and using Google Chrome 31.0 or higher as a browser. We also recommend monitors set to a minimum of 256 colors, screen widths of at least 800 pixels, and DSL or Broadband connections.


Spam Policy

Sending unsolicited commercial or bulk e-mail or any other method of distributing electronic messages to recipients who have not requested them, otherwise known as "spam" from our servers, or sending such e-mail with a Brontobytes-hosted Web site listed as the contact address, or any use of Brontobytes' services or systems associated in any way with such mailings is strictly forbidden. Brontobytes will immediately terminate, without any warning, the account of any customer who conducts these activities. Brontobytes also reserve the right to remove customers who send mass/spam news postings, as well as any accounts advertising or distributing software or services that may contribute to news or e-mail spamming. Brontobytes reserves the right to report such violations to the proper government authorities, as well as Internet service providers, and Internet control organizations, including, but not limited to, UUNet and Navisite. To report spam, please forward the spam with all original headers to

Brontobytes prohibits all scripts that automatically update a links listing and are submitted to by automated programs, either by design or by use. Use of these scripts is grounds for termination of your Brontobytes account without any prior notice.

It is a violation of these Terms for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. A determination of such misuse or fraudulent use shall be in Brontobytes's sole discretion. Further, Brontobytes shall report, and you shall waive all rights to privacy, to the extent permitted by law, all such misuses and fraudulent uses as determined by Brontobytes in its sole discretion to appropriate government authorities, credit reporting services, financial institutions and credit card companies.

Brontobytes utilizes FraudRecord to screen new orders for previous fraudulent activity and report existing clients who violate our Terms of Service. In case of a violation, you may be reported to FraudRecord for misbehaviour using one-way hashed information.

It is a violation of these Terms for you to attempt to breach or to breach the security or firewall systems of Brontobytes, its Internet access provider, or its Affiliates. If you become aware of such an attempt to breach or actual breach, please notify us. Complaints may be investigated by Brontobytes but Brontobytes is under no obligation to act or not act with regards to any complaint. Any action taken on a complaint will be at the sole discretion of Brontobytes. Notice of attempts to breach or actual breaches of such security or firewall systems should be directed to

Notices of such problems should contain the following information:
Identification of the security or firewall system that complainant believes was breached or on which a breach was attempted.
Identification of the individual or entity who has attempted to or actually committed the breach.
Identification and description of the nature of the attempted or actual breach.
The address, telephone number, or e-mail address of the complaining party.
A statement, under penalty of perjury, that the information in the notification is accurate.

Brontobytes and Affiliates shall not have any obligation to refund payments made by customers terminated for violating these Terms.

Brontobytes reserves the right to terminate in its sole discretion any Brontobytes Website because of the traffic or bandwidth requirement of such Website exceeds the limitations for Bandwidth usage set forth below or in the event such website's usage creates other operational or technological problems.


Backup Files and Restore

All services such as backup and cPanel are provided for the courtesy of the client. It is the sole responsibility of the client to maintain the client's own backup of any data. Brontobytes is not responsible for lost data or for lost data due to third party software that is not maintained by Brontobytes programming staff. (cPanel is not associated with Brontobytes)

Brontobytes is not responsible for the restoration of data to server. We strongly recommend that you keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, you, the client, are responsible for data restoration. Brontobytes shall not be liable for loss of data under any circumstance. If Brontobytes chooses to assist in the restoration, it will be done under our discretion.

Storing website or other data backups is prohibited since Brontobytes offers its own daily backups. If backups are found, the customer may be advised to remove the backup or we may proceed with the removal without notice. You are, however, permitted to backup your website, download it to your device, and remove the backup from the server immediately.


Limits on Bandwidth Usage

Data transfer is limited to a monthly maximum dictated by your level of plan and additional purchases. In the event that you exceed your bandwidth limitation, you may be contacted by support and given an opportunity to expand your bandwidth limitation.

In the event that you fail to respond to such e-mail contact and Brontobytes determines that you have exceeded such usage during any given month, Brontobytes reserves the right to suspend visitor access to the account until the next calendar month OR upgrade your plan to the next higher plan level that is sufficient to satisfy your Bandwidth usage during the month in which you exceeded such limit. Thereafter, your monthly plan fee would be revised accordingly to the posted monthly for such plan level. Your failure to pay any required fees or charges may result in termination of your Brontobytes plan.


Reporting a Violation of Terms of Service.

If you witness a violation of these Terms, please notify us. Complaints may be investigated by Brontobytes but Brontobytes is under no obligation to act or not act with regards to any complaint. Any action taken will be at the sole discretion of Brontobytes. Notice of violations of these Terms should be directed to

Notices of such problems should contain the following information:

  • Identification of the individual or entity which complainant believes has violated these Terms.
  • Identification and description of the nature of the violation.
  • The address, telephone number, or e-mail address of the complaining party.
  • A statement, under penalty of perjury, that the information in the notification is accurate.

Intellectual Property Infringement

It is Brontobytes policy to protect the intellectual property rights of others and to act expeditiously upon notice of claimed infringement, to investigate and to take appropriate actions. Brontobytes will terminate all customers and users who are repeat infringers of intellectual property laws.

It is also Brontobytes policy to protect its own intellectual property rights. Any infringement of Brontobytes intellectual property rights will result in immediate termination by Brontobytes of the infringing Brontobytes contract. However, Brontobytes will permit fair use of its trademarks. Any questions about what constitutes fair use versus infringement should be directed to


Copyright Infringement

Upon receipt of notices complying or substantially complying with the Digital Millennium Copyright Act, Brontobytes will act expeditiously to remove or disable access to any material claimed to be a copyright infringement. Notices of copyright infringement should be directed to

Notices of copyright infringement should contain the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the copyright owner that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity.
  • The address, telephone number, or e-mail address of the complaining party.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement, under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


When Brontobytes removes or disables access to any material claimed to be a copyright infringement, Brontobytes may attempt to contact the user or customer who has posted such material in order to give that user or customer an opportunity to respond to the notification, although Brontobytes makes no promise to do so. Any and all counter notifications submitted by the user or customer will be furnished to the complaining party. Brontobytes will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before Brontobytes replaces or restores access to any material as a result of any counter notification.


LIABILITY LIMITATION

YOU AGREE THAT ALL ACCESS AND USE OF BRONTOBYTES AND THE CONTENT THEREOF IS AT YOUR OWN RISK. IN NO EVENT SHALL BRONTOBYTES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO ACCESS OR USE (i) BRONTOBYTES NETWORK AND/OR ITS CONTENT, (ii) ANY TOOLS OR SERVICES ON BRONTOBYTES, (iii) ANY CUSTOMER WEBSITE OR ANY CONTENT ON SUCH WEBSITES, OR OUT OF ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEB SITE, SITE-RELATED SERVICES, PRODUCTS, AND/OR CONTENT CONTAINED WITHIN THE WEB SITE, OR WITH THE EXTENT TO WHICH SUCH WEBSITES ARE "UP" OR ARE AVAILABLE FOR ACCESS BY YOU OR OTHER USERS OF THE INTERNET, IS TO STOP USING BRONTOBYTES.


WARRANTY LIMITATION

BROBTOBYTES NETWORK AND ITS CONTENT ARE PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. ALL REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT PARTICULAR LIMITATION TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL CUSTOMERS ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCT AND/OR SERVICE AVAILABLE THROUGH BRONTOBYTES IS PROVIDED SOLELY BY THE OWNER, ADVERTISER, OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY BROBTOBYTES.


Severability

If any provision of these Terms should, for any reason, be held invalid or unenforceable in any respect, the remainder of these Terms shall be enforced to the full extent permitted by law. A court of competent jurisdiction is hereby empowered to modify the invalid or unenforceable provision to make it valid and enforceable.


Waiver Of Jury Trial

Both you and Brontobytes hereby agree to waive all respective rights to a jury trial of any claim or cause of action related to or arising out of these Terms. The scope of the waiver is intended to be all encompassing of any and all disputes that may be filed in any court and that relate to the subject matter herein, including without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims. You and Brontobytes each acknowledge that the waiver is a material inducement for each party to enter into a business relationship, that each party has already relied on the waiver in entering into these Terms and that each will continue to rely on the waiver in their related future dealings. Each party further warrants and represents that each has had the opportunity to have legal counsel review the waiver. The waiver is irrevocable, meaning that it may not be modified either orally or in writing, and the waiver shall apply to any subsequent amendments, renewals, supplements or modifications to these Terms. In the event of litigation, these Terms may be filed as written consent to a trial by court.


Miscellaneous

These Terms shall bind and benefit the successors and heirs of the parties.

Terms of service, product offerings and pricing are subject to change at any time, without notice.

Brontobytes often offers promotions, coupons and special offers to customers during their initial term. Please note that special offers are limited-time promotional prices that are available to new customers and are valid for the Initial Term only, and not for successive or renewal periods.

Brontobytes has connections with other websites. We are not in charge for their policy and safety or for the way they manage their visitors. Should any be found committing malicious acts, Brontobytes will terminate that connection.

VAT (Value Added Tax) is not included in our advertised price and will be charged separately and itemized on invoices and billing information. Standard VAT rates based on EU Member State regulations may apply.

Brontobytes does not participate in bug bounty programs and your request will be ignored.

Last Revised - 8 November, 2022


Privacy Policy

At Brontobytes, we are committed to protecting your privacy. The limited information we do collect is used to provide you with a personalized experience, better service, and at times, bring you value-added offers.


The Information Collected and How It Is Used

Cookies. Our site uses cookies to deliver content specific to your interests and to save your encrypted password so you don't have to re-enter it each time you visit our site. Also, we use cookies to make sure you don't select your preferences repeatedly.
E-mail & Demographic Data. Our site's registration form requires users to give us contact information (i.e., name and e-mail address) and demographic information (i.e., interests and business information). We use contact information from the registration form to process quarterly Cash Back checks for our affiliate program, to send you a monthly Brontobytes newsletter, and to send you information that may help your business grow. The customer's contact information is also used to contact the visitor when necessary (i.e., customer support issues). Users may later opt-out of receiving future mailings if they have opted-in initially; see the choice/opt-out section below. Demographic and profile data is also collected at our site. We use this data to tailor the customer's experience at our site, showing content that we think might be of interest, and displaying the content according to customer preferences.
Online Surveys. At times we conduct completely voluntary online surveys where we ask for contact information and solicit feedback on various topics from visitors. We use the collected data from such surveys to fine tune our product and service offerings. And we use contact data to follow-up with you to highlight the changes we have made to our business based on your feedback.

We do not sell your data to anyone.
We do not buy nor sell newsletter lists/mailing lists.


Security

All data collected at Brontobytes is done so with the use of secure servers. The secure server software (SSL 128-bits) encrypts all information you input before it is sent to us. Furthermore, all of the data we collect is protected against unauthorized access.


Choice/Opt-Out

If one has initially opted-in, our site provides users with the opportunity to opt out of receiving communications from Brontobytes and our partners that are not directly related to the services we provide. Please note: Brontobytes does reserve the right to send account-related e-mail communications to all active customers.

To unsubscribe from Brontobytes newsletters and promotional mailings, please update your preferences with our subscription settings tool or e-mail us at

If you would like to cancel a Brontobytes plan completely, please contact customer service through our online Contact Form or do it yourself from the Account Management System.


Correct/Update

To ensure you receive the information you need to manage your account and protect your privacy, please be sure to keep your contact and billing information up to date. You can update all account-related information directly through your Members Area. Alternatively, you can contact the customer service through our online Contact Form.


Contacting Brontobytes

If you have any questions about this privacy statement, the practices of this site, or your dealings with Brontobytes, you can contact us at

Last Revised - 8 November, 2022