Bravecom.net Hosted Services Agreement
1. Terms
Subject to the terms and conditions of this Agreement, Bravecom.net will provide Web Hosting services for You (Client) subject to the following terms:
a) Length of Service
You (Client) agrees to an initial six (6) month or twelve (12) month contractual term of service (“Term”). The length of contract required is based on the type of service desired by You (Client).
b) Service Start Date
The first payment plus setup charges, if any, shall be due in advance of any service provided. Service shall begin upon Bravecom.net receipt of payment for such first Term of service or upon a mutually agreed upon alternate date.
c) Renewal by You (Client)
This Agreement will automatically renew for successive six (6) or twelve (12) month Terms unless canceled in writing by You (Client) at least 30 days prior to the end of Term renewal date.
Renewal prices are subject to change. Renewal of services by You (Client) indicates agreement to any Contract revisions and price changes. Renewal fees for the following term will be automatically invoiced to You (Client)’s account.
2. End User Pricing and Web Hosting Compensation
End User pricing and Web Hosting Compensation is outlined in your initial contract/invoice. Contact support if you need a copy of this document.
3. Terms of Payment
Terms of payment are C.O.D. unless credit approval has been granted by Bravecom.net. If credit approval has been granted, credit terms are net 10 days upon receipt of invoice unless otherwise specified in your contract.
We reserve the right to revoke any credit extended if payment is in arrears for more than 30 days.
4. Proprietary Information
Proprietary information exchanged here under shall be treated as such by You (Client). This information shall include, but not be limited to, the provisions of this Agreement,
product and services information and pricing. You (Client) further agrees to not decompose, disassemble, decode or reverse engineer any Bravecom.net program, code or technology
delivered to You (Client) or any portion thereof. Under no circumstance shall Bravecom.net release proprietary information pertaining to You (Client).
This information shall include, but not be limited to, the provisions of this Agreement, contact information, analytics, credit card data, product or service information, and pricing.
Bravecom.net further agrees to not decompose, disassemble, decode or reverse engineer any You (Client) program, code or technology used in conjunction with its services.
5. Censorship
Bravecom.net exercises no control whatsoever over the content of the information passing through the network, email or web site. You (Client) is responsible to abide by all applicable laws
for the content they host with Bravecom.net. This includes trademarks, copyrighted material and any other form of intellectual property.
6. Warranties
Bravecom.net makes no warranties or representations of any kind, whether expressed or implied for the service it is providing.
Bravecom.net also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by
You (Client), including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of You (Client).
Use of any information obtained by way of Bravecom.net is at You (Client)’s own risk, and Bravecom.net specifically denies any responsibility for the
accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection.
Bravecom.net does not represent guarantees of speed or availability of end-to-end connections.
Bravecom.net expressly limits its damages to You (Client) for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
Bravecom.net specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
7. Content Ownership
a) You (Client) Ownership Of Content
All data stored on the host server(s) should remain the property of You (Client) at all times. The You (Client) represents and warrants that this data is not in violation of Section 5.
b) Trademarks and Copyrighted Material.
You (Client) warrants that it has the right to use any applicable trademarks or copyrighted material in connection with this service in accordance with the law.
In the event of a DMCA request, Bravecom.net will notify and work with You (Client) to resolve the dispute.
8. Transfer of Agreement.
You (Client) may not assign or transfer this Agreement, in whole or in part without the prior written consent of Bravecom.net.
In the event that You (Client) contemplates whole or partial sale of it’s business, ownership change, or change in jurisdiction,
You (Client) shall notify Bravecom.net by mail, or email no less than 30 days prior to the effective date of the event.
9. Termination.
Bravecom.net may terminate this Agreement at its sole discretion upon the occurrence of any of the following events: 1) failure to comply with any provisions of the Agreement
upon receipt of notice from Bravecom.net of said failure, 2) appointment of Receiver or upon the filing of any application by You (Client) seeking relief from creditors,
3) upon mutual agreement in writing of Bravecom.net and You (Client). We reserve the right to terminate any account upon (30) day notice of service termination.
Upon termination of an account, Bravecom.net will delete all customer data within (30) days of termination.
This data includes all sites, accounts, emails, and any other customer data we may posses.
10. Disputes.
If legal proceedings are commenced to resolve a dispute arising out of, or relating to, this Agreement, the prevailing party shall be entitled to recover all costs, legal fees,
and expert witness fees as well as any costs or legal fees in connection with any appeals.
11. Indemnification.
You (Client) shall indemnify and hold Bravecom.net harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees)
of whatsoever kind and nature that may be asserted, granted or imposed against Bravecom.net directly or indirectly arising from or in connection with You (Client)’s marketing or support services
of the product or services or the unauthorized representation of the product and services or any breach of this Agreement by You (Client).
12. General.
If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby.
This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan.
Exclusive jurisdiction and venue shall be in the Berrien County, Michigan Superior Court.
A failure by any party to exercise or delay in exercising a right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power.
The You (Client) and Bravecom.net both represent and warrant that, on the date first written above, they are authorized to enter into this Agreement in entirety and duly bind their respective principals by their signature(s).
Last Revision: January 1, 2021. (v1.2)