Brightboy strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These Terms and Conditions are strictly enforced to protect you, other Brightboy customers and Brightboy against such harm.
Payment Policies, Fees and Refunds
Full payment is due on the first day of the month, for that month. You will receive an invoice no later than the 25th of the month before the month for which payment is due. Billing will continue until you cancel your hosting account. Payment is only possible by EFT (internet banking).
Domain registration fees, setup fees, backup fees, software installation fees and deposits for website design work are not refundable under any circumstances, for any reason whatsoever. Domain renewal fees are subject to change without notice.
Late payment will result in the suspension of your hosting account, and a reconnection fee of R100 may be levied. Clients who regularly make late payments may be required to sign a debit order mandate allowing Brightboy to debit their bank account or credit card.
Shared hosting accounts will be suspended if they are still unpaid 14 days after the due date and terminated after 30 days of non-payment.
You may cancel your hosting services at any time by emailing email@example.com
When necessary, usually in cases of spam and server abuse, Brightboy reserves the right to terminate a hosting account at any time, for any reason, ( which reason may or may not be provided at our sole discretion).
If an account is terminated, the balance of any hosting fees will not be refunded. If an account is terminated, it will not be possible to access any files or emails which were stored on the server at the time of termination. For this reason it is important that you make use of the tools provided in your control panel to make regular backups of your hosting account(s).
You agree to use all Brightboy services and facilities at your own risk. Brightboy specifically disclaims all warranties of merchantability and fitness for a particular purpose.
In no event shall Brightboy be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages.
You agree that you shall defend, indemnify, save and hold Brightboy harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Brightboy, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by you, your agents, employees or assigns.
You agree to defend, indemnify and hold harmless Brightboy against liabilities arising out of:
– Any injury to person or property caused by any products sold or otherwise distributed in connection with Brightboy’s server;
– Any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party;
– Copyright infringement;
– Any defective products sold to customers from Brightboy’s server.
Brightboy shall be the sole judge of what violates this Policy.
Server abuse policy
If we determine that any site on our servers is using too much of the server’s resources and therefore abusing the server, we have the right to suspend that domain without any notice. It is then up to you to contact us and formulate a plan to get that domain activated again.
We are quick to suspend any domain that abuses the server’s resources due to the shared nature of the server and the negative impact an abusing domain has on other domains on the same server.
No mass email marketing allowed!
We do not allow mass email marketing sites on our servers and no mass emailing of any kind whatsoever, including email newsletters, is allowed on our network. It doesn’t matter if it’s “opt-in email marketing”, we simply do not allow sites of that nature to be hosted on our network. Sites such as “safe lists” and “free email” are also strictly prohibited. We reserve the right to shutdown such sites without prior notice.
Brightboy has a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either:
– over the Brightboy network, by customers or any other users of the Brightboy network;
– and/or over any network if the message sent advertises or mentions a site hosted on a Brightboy server.
We react quickly and seriously to violations, and we further reserve the right to suspend or terminate the services, without prior notice, of any customer disregarding this policy.
If spam sent through your account results in a mailserver being blacklisted, we reserve the right to charge you for any blacklist removal fees that may be incurred.
Sending unsolicited commercial email (a.k.a. “spam”), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to an Brightboy email address or web site URL is prohibited.
The use of Brightboy servers as a mail drop for responses to activities described above is also prohibited.
If your hosting account is involved in spamming activities, and your account is subsequently terminated, then you do not have the right to a refund. This also includes refunds for additional services or products, such as installations of software, SSL certificates and dedicated IP addresses purchased for that hosting account.
If you have any complaints or comments regarding Spam on our network, please direct them via email to abuse@Brightboy.co.za
All services provided by Brightboy may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any South African, Swiss, United Kingdom or United States Federal, State, Provincial or City law is prohibited.
This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization.
The subscriber agrees to indemnify and hold harmless Brightboy from any claims resulting from the use of the service which damages the subscriber or any other party.
Sites that promote any illegal activity or present content that may be damaging to Brightboy servers or any other server on the internet are prohibited. Links to such materials are also prohibited.
Examples of unacceptable content or links:
– Pirated software
– Hacker programs or archives
– Warez sites
– Online gambling
Brightboy does not allow the hosting of web pages, links or content of any nature whatsoever which promotes or links to the websites of its competitors.
Any illegal activity, online gambling, spamming or hacking will result in your site being shut down.
Brightboy will be the sole arbiter as to what constitutes a violation of this provision.
Disk Space Usage
The disk space allocated to hosting account may only be used to store the files required to display and manage your website and its content, and emails for up to 30 days. Brightboy reserves the right to delete any files (such as backups) stored in your hosting account and not required for the operation of your website, and all emails older than 30 days, without notice.
Bandwidth overages (the amount of bandwidth used in excess of the amount allowed by your hosting account) are charged at R8.00 per GB excl. VAT.
Scripts and Software Policy
You are free to install and use any scripts you wish, (as long as they are not on our banned scripts list, see below) however we reserve the right to disable any script or software in your hosting account that affects normal server operation or service to other Brightboy customers.
Brightboy is not responsible for any scripts or software that you use in your hosting. It is not our responsibility to ensure your scripts or software functions correctly. Please don’t expect our support techs to troubleshoot aspects of the scripts or software that you use on your sites hosted on our servers.
Brightboy provides technical support for the Server & Server related softwares. Any scripts included in your Control Panel for use or installation are 3rd Party scripts and are not supported by Brightboy, however you may ask for assistance (which we are usually willing and able to give) by submitting a support ticket.
The following scripts are banned due to the potential harm they can cause to other sites on the same server:
– Torrentflux (and similar scripts)
– Rapidleech (and similar scripts)
– AlienForm (all versions)
– Greymatter (all versions)
– Open Webmail
– Ikonboard (all versions)
– IRC Egg Drops & IRC related programs.
– Chat software
– Proxy Servers & Scripts (EX: nph-proxy)
– Telnet Scripts, Telnet Alternatives (cgitelnet.pl)
– The Anonymizer
– UltimateBBS (all versions)
– YABB + YABB se (all versions)
– Any script that uses / processes a massive number of flatfiles or large flatfile databases.
If we find banned scripts active in your account, we will suspend your account and disable or remove the offending script and send you an email notifying you of our actions.
Refusal of Service
We reserve the right to refuse service to anyone for any reason not prohibited by law. We reserve the right to terminate service to any customer for any reason not prohibited by law.
Any deliberate attempt to cause damage to Brightboy’s servers, the Brightboy network or any other internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.
Full server backups are made weekly, excluding emails which are never backed up. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the client’s responsibility to maintain local copies of their website’s files, databases and other content.
It is the client’s responsibility to have a good working knowledge of aspects of their site’s operation. Please do not expect Brightboy support staff to teach you how to use aspects of the tools at your disposal, and especially not the software (such as email and FTP clients) which you have installed and run on your own PC.