Terms and Conditions

Direct Violations of AUP

The following list represents per se direct violations of Acceptable Use Policy and will be subject to immediate redress under the methods of resolution as described in the acceptable use policy:

• Copyright Infringement:

  Direct copyright infringement as defined and noted under Title 17, Section 512 of the United States Code are a direct violation of the acceptable use policy.

• Unsolicited Email:

  The sending or receiving of mass unsolicited email (SPAM) is a direct violation of the acceptable use policy. This includes the direct sending and receiving of such messages, support of such messages via web page, splash page or other related sites, or the advertisement of such services.

• Email Bombing:

  The sending, return, bouncing or forwarding of email to specified user(s) in an attempt to interfere with or over flow email services is a direct violation of the acceptable use policy.

• Proxy Email (SPAM):

  The use of dedicated services to proxy email unsolicited users is a direct violation of the acceptable use policy. Proxy email is defined as the use of dedicated services to act in concert with other services located inside and outside the network to achieve mass unsolicited email (SPAM) to unrelated third parties.

• UseNet SPAM:

  The use of dedicated services to send, receive, forward, or post UseNet unsolicited email or posts is a direct violation of the acceptable use policy. This includes UseNet services located within the Company’s network or unrelated third party networks.

• Illegal Use:

  Any use of dedicated services in direct attempt of statutory illegal activities is a direct violation of the acceptable use policy. This includes, but is not limited to: death threats, terroristic threats, threats of harm to another individual, multi-level marketing schemes, “ponzi schemes”, invasion of privacy, credit card fraud, racketeering, defamation, slander, and other common illegal activities.

• Child Pornography:

  The Company has a zero stance policy on child pornography and related sites. The hosting of child pornography or related sites or contact information is in direct violation of federal law and the acceptable use policy.

• Threats & Harassment:

  The Company’s network can be utilized for any type of individual, organizational or business use. This does not include threats or harassment to individuals, organizations or businesses unless it falls within the bounds of protected free speech under the first amendment. The Company seeks to serve only as the medium of exchange for information and refrains from decisions on freedom of speech.

• Fraudulent Activities:

  The Company prohibits utilizing dedicated services or network services for fraudulent activities. Notification of fraudulent activities by verified third parties can result in violation of the acceptable use policy.

• Denial of Service:

  The Company absolutely prohibits the use of dedicated services or network services for the origination or control of denial of service attacks or distributed denial of service attacks. Any relation to DOS or DDOS type activity is a direct violation of the acceptable use policy.

• Terrorist Websites:

  The Company prohibits the use of dedicated services for the hosting of terrorist related websites. This includes sites advocating human violence and hate crimes based upon religion, ethnicity, or country of origin.

• Distribution of Malware:

  the Company prohibits the storage, distribution, fabrication, or use of malware including virus software, root kits, password crackers, adware, key stroke capture programs and other programs normally used in malicious activity. Programs used in the normal ordinary course of business are deemed acceptable. Example: Security Company hosting analyzes the latest root kit for new security analysis software.

• Phishing:

  The Company strictly prohibits any activity associated with Phishing or systems designed to collect personal information (name, account numbers, usernames, passwords, etc.) under false pretense. Splash pages, phishing forms, email distribution, proxy email or any relation to phishing activities will result in immediate removal.

• HYIP or Ponzi Schemes:

  High Yield Investment Plans or Ponzi schemes with the intent to defraud end users are illegal and not allowed on the network. This includes hosting, linking and or advertising via email websites or schemes designed to defraud.

Disclosure to Law Enforcement

Occasionally, the Company is required by law to submit Client information to law enforcement officials when presented with a valid subpoena from a court with proper jurisdiction. Information requested is disclosed as directed pursuant to the subpoena. The Company utilizes great care in keeping Client information safe and private and will only release information described in the subpoena. The Company will notify Client of the information request as allowed by the subpoena.

Reporting Violation of the Acceptable Use Policy

The Company accepts reports of alleged violations of the acceptable use policy via email sent to abuse@briworks.com. Reports of alleged violations must be verified and include name, contact information, IP address, and description of the violation. The Company owes no duty to third parties reporting alleged violations due to lack of privity in contract law. The Company will review all verified third party reports and will take appropriate actions as described within the acceptable use policies.

Disclaimer

The Company retains the right, at its sole discretion, to refuse service to any individual, group, or business. The Company also retains the right to discontinue service with notice for repeated violation of the acceptable use policy over time.