Terms of Use Policy

This Terms of Service (the "Agreement") is a legally binding contract between BravoHosting Solutions, Inc. (the "Company") and you (the "Customer") that shall govern the purchase and use, in any manner, of services provided by the Company to the Customer (collectively, the "Services")

By purchasing or using the Services in any manner, the Customer represents that he/she has read, understands, and agrees to all terms and conditions set forth in the Agreement, and that he/she is at least eighteen (18) years old and has the legal ability to engage in a contract in the State of Pennsylvania. If the Customer does not accept the Agreement and all terms and conditions set forth within, he/she should not purchase or use, in any manner, Services from the Company or, if he/she has already purchased Services, he/she should contact the Company immediately to terminate the Agreement. It is further understood that the Agreement is subject to change from time-to-time, in whole or in part, without prior notice.

Term of Agreement
The Agreement becomes effective immediately upon submission of an order by the Customer for a period of time as specified on the original order form (the "Billing Term"). Following the expiration of any Billing Term, the Agreement shall automatically renew for an equivalent period of time unless terminated by either party as outlined below.

IMPORTANT NOTICE: *All payments made to BravoHosting Solutions, Inc., are "NON-REFUNDABLE"*

Payment:

The Company will automatically bill the Credit Card or PayPal account on file for the Customer on the first day of each Billing Term. All fees are billed in United States Dollars ("USD") and are subject to change at any time with thirty (30) days prior notice to the Customer. It is the responsibility of the Customer to ensure that the Credit Card or PayPal Subscription information on file with the Company is accurate and has sufficient funds for processing. Any account not paid in full by the end of the first day of the Billing Term will be subject to a "Late Penalty" of $10.00 USD. Following three (3) days of non-payment, the Company reserves the right to suspend Services, and to subsequently terminate Services after seven (7) days following suspension of Services. The Company is not responsible for any damages or losses as a result of suspension or termination for non-payment by the Customer.

We accept: VISA®, MasterCard®, Discover®, AMEX®, PayPal®, Google® Checkout™, and 2Checkout™

Credit Card Information:

Credit Card transactions will show on your Credit Card Statement as “MPSN Online Services” this is our owned, operated, and authorized merchant bank. If for any reason you question a charge on your statement from our merchant bank before you process a charge-back you will be required to submit your request in writing to:

MediaPlayStudios, Inc.

Merchant Services

C/O MPSNOnline|SITEL®Corp.

SITEL® Business Center

108 North Street

Milford, DE. 19963

Orders processed by 3^rd party authorized venders (Google Checkout, 2Checkout) are subject to the policies by the respective vendor and is in no part or in tort with our internal policies and can’t be applied, disputed, directly with our merchant bank and/or BravoHosting and its parent company MediaPlayStudios, Inc. If you require a chargeback or a refund that is processed via 3^rd party it is your responsibility to contact the responsible party with whom  you processed your information for payment and request from them any due process. If at any time we are contacted by vendor in pursuant to any fees associated with your complaint you agree to cover all cost to BravoHosting for any damages accrued.

Non-Payment:

All payments are due in full on the Billing Term Date. Failure to remit payment for services on the monthly anniversary date is a violation of the TOS. Failure to remit payment for five (3) consecutive days, including the Billing Term Date, shall result in a termination of public access to Customer services. Customer will, however, be permitted access to data and services through the service network. Failure to remit payment for services within five (5) consecutive days, including the Billing Term Date, shall result in termination of access to the service network and all services shall be reclaimed. A late fee of $10 will be incurred for failure to remit payment for services on or before the monthly Anniversary Billing Date. A $50 reconnect fee will be incurred for failure to remit payment for services after public access has been disconnected. All Customer data remaining after seven (7) days of non-payment will be destroyed for security and privacy reasons, unless otherwise required by law.

Cancellation:

Because cancellation is automated, BravoHosting requires a written cancellation notice via the customer portal, a minimum of 24 hours prior to 00:00:01 EST (GMT-5) on the Anniversary Billing Term Date for discontinuance or downgrades of month to month services. Failure to supply the requested 24 hour written notice of cancellation will result in a full billable payment cycle prior to cancellation. Any server cancellation prior to the minimum deadline will remain online until the automated process reclaims your server on the Anniversary Billing Date. Notice of written cancellation is required through the online Customer portal located at http://manage.bravohost.net. BravoHosting does not accept cancellations via telephone, email, live chat, or any other method except the cancellation form. If cancellation notice is not received within the required time frame, the Customer will be billed for the next Billing Term and responsible for payment as set forth above. All Customer data remaining after the cancellation date will be destroyed for security and privacy reasons, as required by law.

Refunds & Disputes:

We offer a thirty (30) day money back guarantee on Shared Web Hosting (SWH) and Reseller Web Hosting (RWH) accounts. No refunds are offered on Virtual Dedicated Servers or Dedicated Servers, Setup Fees, Domain Registration, SSL certificates, Dedicated IP Addresses, or Software Licenses. Additionally, a service fee will be assessed to refunds on any account with a free/included WHMCS, ClientExec, or HostBill Pro License (at $9.95 per month) or free/included SSL certificate (at $69.00 per year). Refunds are not offered for accounts that are or have ever been suspended or terminated for violating the Agreement. Refunds are only available for new accounts. If the Customer previously had Services with the Company, whether or not a refund was received, the Customer would not be eligible for a refund. The Company reserves the right to refuse a refund at anytime for any or no reason. Refunds will be issued only to the payment method that the original payment was sent from, and may take up-to 2-3 weeks for processing. We do not issue refunds via check, alternate credit cards, or other payment methods. In any event, no refunds are offered after the first thirty (30) days of Service.

All services rendered by BravoHosting are non-refundable. This includes, but is not limited to: setup fees, one time fees, and monthly service fees, upgrade fees, additional service fees, administrative fees, and late fees. Customers seeking to resolve billing errors are instructed to open an accounting ticket inside the Customer portal located at https://www.bravohost.net/customer-care/ Customer agrees not to chargeback any Credit Card payments for services rendered. A chargeback of payment for services rendered will result in an additional charge of $150 and will be subject to collection by an authorized collection agency. Customer is responsible for any fees and costs (including, but not limited to, reasonable attorneys' fees, court costs and collection agency fees) incurred by BravoHosting in enforcing collection.

Account Setup:

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with BravoHosting, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. BravoHosting is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our support team via the client areas located at http://manage.bravohost.net and http://www.bravohost.net/customer-care/ . Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the Credit Card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

Account Verifications:

All orders placed on any website owned or operated by BravoHosting is subject to a verification process that requires you the customer to authorize any transaction processed by our merchant bank before any account creation can be completed. We use TeleSign® Verification Systems to authenticate each order and every transaction placed via our website or locations where products or services of BravoHosting are rendered. The process in which this take s place is 1.) A geo-location verification check in which your IP address is logged and checked against a global database of known sources of high risk transactions. 2.) Address Verification in which your physical address is checked via USPS and other authority agencies for their accuracy. 3.) Phone Verification in which you will be called by an automated system that will require you to authorize all transactions you request to be placed on your Credit Card or PayPal account. If  this process is NOT completed your order will not be accepted and your Credit Card/PayPal account will NOT be billed for services.

Collections Agency:

Any account that remains unpaid after thirty (30) days may be submitted to an outside collections agency and reported to all major credit bureaus. The Customer agrees to pay a "Collections Fee" of $150.00 USD in the event that his account is submitted to an outside agency for collections. If further civil or criminal actions are deemed necessary to collect a debt, the Customer agrees to pay all associated costs including court costs and reasonable attorney's fees.

Support Policy:

The Company will provide technical support to the Customer 24/7/365 with the exception of few holidays and brief company meetings. The only official methods for technical support is via our helpdesk at http://support.bravohost.net and Live Chat via any page at our website(s) Telephone and live chat support are not official methods of support and are governed by the terms and conditions set forth in the following clause.

Telephone / Live Chat Support Policy:

Limited support will be provided, at our discretion and subject to availability of staff, via telephone and/or live chat. Telephone and live chat support are not official methods of support and no guarantee is made as to the availability, accessibility, or technical expertise provided via these mediums. Any inquiries via telephone or live chat support must be limited to general questions which our normal support staff only have limited access to any account or server to investigate or resolve; and may not be used to request the status of or provide updates to a helpdesk ticket. Any issue requiring investigation, research, or access to an account/server must be sent via the helpdesk. We reserve the right to direct any issue to the helpdesk at our discretion and to refuse to provide support for such issue via telephone or live chat. Telephone and live chat support are considered to be privileges that are subject to revocation at our discretion for any or no reason.

Advanced Support Policy:

BravoHosting provides 24 x 7 technical support to our subscribers (except for few holidays and short company meetings when we close our center.) All servers housed at our facility are unmanaged, BravoHosting only ensures that the server is online and is remotely accessible. BravoHosting does not offer tech support for application specific issues such as cgi programming, html or any other such issue. BravoHosting does not provide technical support for YOUR customers. If you can email, we encourage you to email support@bravohost.net for assistance. Support is limited to our area of expertise and is available only for issues related to the physical functioning of the Services. We do not provide support for any 3rd party software including, but not limited to, software offered by but not developed by the Company. We reserve the right to refuse assistance with and/or assess an "Advanced Support Fee" of $100.00 per hour (1 hour minimum) for any issue that, at our sole discretion, is: (a) outside the scope of standard support; or (b) caused by client error.

SPAM and Unsolicited Commercial Email (UCE):

BravoHosting Solutions, Inc. takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of BravoHosting may not use or permit others to use our network to transact in UCE. Customers of BravoHosting may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

1. Violation of BravoHosting’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, BravoHosting will initiate an immediate investigation (within 48 hours of notification). During the investigation, BravoHosting may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, BravoHosting may, at its sole discretion, restrict, suspend or terminate customer's account. Further, BravoHosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. BravoHosting will notify law enforcement officials if the violation is believed to be a criminal offense.
2. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that BravoHosting personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
3. As our Customers are ultimately responsible for the actions of their clients over the MediaPlayStudios, Inc. network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
4. Any customer found to have UCE coming out of their server(s) will, at the discretion of our own employees, be charged $50 per IP address retroactively from when the IP assignment was made.

Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice without refund.

Network & IP Address Ownership:

 If BravoHosting assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to BravoHosting, and Customer shall have no right to use that Internet Protocol address except as permitted by IBXNetworks, Inc. our Datacenter operations division in its sole discretion in connection with the Services, during the term of this Agreement. BravoHosting shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by IBXNetworks, Inc., and BravoHosting reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting. All IPs that are allocated to client must be utilized within 48 hours. If allocated IPs is not utilized within this time frame The Company reserves the right to retract IPs that is not being utilized without notifying the client.

Bandwidth Usage:

BravoHosting will monitor Customer's bandwidth. BravoHosting shall have the right to take corrective action if Customer's usage negatively impacts other clients.  

System and Network Security:

Users are prohibited from violating or attempting to violate the security of the MediaPlayStudios, Inc’s Network. Violations of system or network security may result in civil or criminal liability. BravoHosting will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
5. Taking any action in order to obtain services to which such User is not entitled.

Acceptable Usage Policy:

The Client shall use the Company's services only for lawful purposes. Transmission, storage, or presentation of any information, data, or material in violation of the laws of the State of Pennsylvania, State of New York, State of Illinois, State of Maryland, State of Georgia,  State of Texas, State of Florida, State of Utah, State of Washington, State of California or the United States or any international territory is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, or material protected by trade secrets or other statutes. The Client agrees to indemnify and hold harmless BravoHosting from any claims resulting from the use of the service which damages the Client or any other party.

The following contents, links, or actions on any Services would constitute a violation of the Agreement:

- Child Pornography - Hosting, Distributing, or Linking to Pornography Involving a Person Under Legal Age
- Copyright Infringement - Hosting, Distributing, or Linking to Copyright Infringed Materials
- CPU/Memory/Resource Abuse - Consuming Excessive Amount of Server Resources Causing Server Performance Issues
- DoS Source - Source of Denial of Service Attack
- DoS Target - Target of Denial of Service Attack
- Forgery - Faking an IP Address, Hostname, E-Mail Address, or Header
- Fraud Site - Hosting or Linking to a Website Intended to Deceive the Public
- HYIP - Hosting or Linking to a High Yield Investment Program Website
- Identity Theft - Hosting, Distributing, or Linking to Stolen Account Identification Information
- Infection - Hosting, Distributing, or Linking to Exploits, Trojans, Viruses, or Worms
- IRC - Hosting Internet Relay Chat Server not Authorized by BravoHosting
- Phishing - Identity Theft by Email Under False Pretense
- Proxy Site - Hosting of an Anonymous Proxy Server
- Spam Email - Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE)
- Spam List - Hosting, Distributing, or Linking to Email Address Lists for Spam
- Spam Site - A Site Advertised by Spam Email or Spam Web
- Spam Ware - Hosting, Distributing, or Linking to Software Designed for Spamming
- Spam Web - Unsolicited, Bulk, or Forged Site Advertisement in Web Logs, Forums, or Guestbooks
- Spamhaus - Spam Causing Blacklisting of an IP at www.spamhaus.org for Malicious Activity
- Terrorist Site - Hosting or Linking to a Site Advocating Terrorism
- Toolz - Hosting, Distributing, or Linking to Tools or Instructional Material on Hacking/Cracking or Other Illegal Activity
- Trademark - Hosting, Distributing, or Linking to Trade Mark Infringed Materials
- Warez - Hosting, Distributing, or Linking to Crackz, Hackz, KeyGenz, Serialz, or Pirated Software


Restrictions on Storage Space Usage
All accounts are subject to the following restrictions on storage space usage:
- Accounts must have valid, working websites, and not violate any previously subscribed terms
- Accounts are not for use of mass storage of backups, files, audio, video, zip files or others at our discretion
- Accounts are not for us of mass distribution of files, such as torrents or mirrors
- Any account found violating these terms may be suspended or terminated without warning

No Warranty:

Client expressly agrees that use of the Company's services is at the Client's sole risk. Neither BravoHosting Solutions, Inc., divisions, units, affiliates, its employees, agents, resellers, third party information providers, merchants licensers or the like, warrant that the Company's services will not be interrupted or be error-free; nor do they make any warranty as to the results that might be obtained from the use of the services or as to the accuracy, or reliability of any information service or merchandise contained in or provided through our network, unless otherwise expressly stated in this agreement. Client also acknowledges and accepts that any damages will be limited to no more than 100% of the equivalent of one (1) month of service.

Co-location Liability:

IBXNetworks, Inc. assumes zero liability for co-located hardware, including, but not limited to, lost or damaged equipment. Additionally, the customer assumes full liability for maintaining insurance on their own hardware in co-location with BravoHosting Centers.

Indemnification:

Client agrees that it shall defend, indemnify, save and hold BravoHosting harmless from any demands, liabilities, losses, costs and claims, including reasonable attorneys fees ("Liabilities"), asserted against the Company, its agents, its Clients, servants officers and employees, that may arise or result from any Services provided, or performed, or agreed to be performed; or any product sold by the Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless BravoHosting against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with our servers; (ii) any material supplied by the Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on BravoHosting servers.

Arbitration:

By using any BravoHosting services, you agree to submit to binding arbitration. If any disputes or claims arise against BravoHosting or its subsidiaries, such disputes will be handled by an authorized arbitrator of BravoHosting’s choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Texas. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration. Any controversy or claim arising from service or related to this Master Service Agreement or breach therein in excess of $500.00 shall be settled by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The venue and jurisdiction requirements set forth above apply to any arbitration proceedings. The resulting judgment rendered by a licensed arbitrator may be entered in any court having valid jurisdiction.

Electronic Signature:

Acceptance by Customer of the Master Service Agreement incorporating the Terms of Service, Acceptable Use Policy, Service Level Agreement and Privacy Agreement hereby initiates billable services and is deemed complete by agreement to the terms as described on the online signup form(s) and completion of the ordering process.