Terms of Service

01Acceptance of contractual agreement

1. Client agrees that by placing an order — either by means of electronic ordering (web order form) or by submitting a written contract, and receipt of such order by Braveway — that you are agreeing to our TOS, AUP, and SLA. No modifications of said contract by the customer are allowed.
2. Braveway will provide, and Customer will purchase and pay for, the services and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service and service fees have been communicated to them, and that they are aware of all applicable charges as per contract, AUP, SLA, and TOS. Customer also understands that any promotional offers, unless specified in contractual terms, will not be applicable to their individual service.

02What may NOT be hosted on our network

• Warez
• IRC
• Child pornography
• Copyrighted media, including but not limited to: video, music, TV, radio
• Hacking tools / material
• Anything that may harm us, the server, or anyone else (mentally, physically)

03Network uptime & outages

Network Uptime is the total time in a calendar month that the Braveway network is available through the Internet, provided that Client has established connectivity. Braveway takes responsibility for network availability within their network; however, we cannot be held liable for upstream problems outside of our network. Our guarantee is that our network will be available to clients free of network outages — that render 100% packet loss — 99% of each calendar month.

Network Outages or Unscheduled Downtime is any unplanned or unscheduled interruption in service availability during which Client is unable to access the services. 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 Braveway Network as confirmed by Braveway. Downtime is measured as the total length of time of the unplanned interruption in service availability in a calendar month.

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

04SLA network violation credit

The following are excluded from the monthly calculation of Service Availability:

• Scheduled downtime.
• Problems outside of Braveway network (upstream providers, or client's inbound connection) not affecting 100% loss to our network.
• Interruptions or failure of individual service caused by the client, their employees, or their customers — including inaccurate configuration, third-party software, client abuse or over-utilization of resources, hacked servers, attacks, exploits, server hardware failures, or other users on the server causing it to overload. We will do our best to remove such offenders immediately.

05Payments & fees

Braveway services are billed on a month-to-month basis. We accept payment by wire transfer, credit card, or PayPal. An invoice is raised at the start of each billing cycle and can be paid from your Client Area; payment is due by the date specified on the invoice, which is set individually for each client.

We offer a 5-day grace period beyond the due date. Accounts that remain unpaid past the grace period may be subject to service suspension and a 10% late fee.

06Delinquent accounts

Braveway may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.

07Account cancellation

All requests for canceling any service must be made in writing with at least 15 days notice but not more than 30 days prior, via email to billing@braveway.com. Include your domain name and last name on credit card in your email.

08Refunds & disputes

All payments to Braveway are non-refundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer (chargebacks), in Braveway's discretion which is valid under the terms and conditions of our SLA, AUP, and TOS, will result in service interruption and reconnection fees to restore the desired service.

09Inbound / outbound DDoS attacks

DDoS is an acronym for Distributed Denial of Service Attack — a type of denial-of-service attack in which an attacker uses malicious code installed on various computers to attack a single target. As a Braveway user, you are ultimately responsible for making sure that your account is secured, and that no rootkits or viruses are on your server.

If a customer is found to be in violation of our DDoS policy, Braveway may, at its sole discretion, restrict, suspend, or terminate the customer's account. As our customers are ultimately responsible for the actions of their clients over the Braveway network, it is advisable that customers develop a similar, or stricter, policy for their clients.

10SPAM and unsolicited commercial email (UCE)

Braveway takes a zero-tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Customers may not use or permit others to use our network to transact in UCE. Customers may not host, or permit hosting of, sites or information that is advertised by UCE from other networks.

Braveway reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Braveway will notify law enforcement officials if the violation is believed to be a criminal offense. PLEASE, DO NOT SPAM from your servers.

Anyone hosting websites or services that support spammers — or that 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 you agree to remove ANY and ALL traces of the offending material immediately, and agree to allow us access 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. Any server guilty of a second violation will be immediately and permanently removed.

11System and network security

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

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

If your service is abusing our network, we have the right to suspend and/or terminate your server without notice. Additional administration fees may apply.

12Notification of violation

Braveway is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police internet-related activities.

• Limits on account privileges. Any user who Braveway determines to have violated any element of this AUP shall receive an email warning them of the violation. The service may be subject, at Braveway's discretion, to a temporary suspension pending the user's written agreement to refrain from any further violations.
• Account suspension. Users that Braveway determines to have committed a second violation of any element of this AUP shall be subject to immediate suspension or termination of service without further notice and without issuance of any refunds.
• Loss of preferred member status. We reserve the right to drop the section of IP space involved in spam or denial-of-service complaints if it is clear that the offending activity is causing great harm to parties on the internet — particularly if open relays are on your network or a customer's network, or if denial-of-service attacks are originating from your network. In rare cases we may have to do this before contacting you; if we do, we will contact you afterwards.

13Suspension of service or cancellation

Braveway reserves the right to suspend or terminate network access to any customer if, in the judgment of the Braveway network administrators, the customer's server is the source or target of any violation of these terms — or for any other reason which Braveway chooses. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete; their account could be terminated without any refunds. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended or terminated.

14Responsibility for content

You, as Braveway customer, are solely responsible for the content stored on Braveway hosting services.