brand excellent

chamberBrand Excellent is teaming up with the Marathon Chamber of Commerce to bring a two-day technology seminar for those with little or no technical skill.  Dates will be in December/January.  Stay tuned for details! 

Hosting Agreement

Brand Excellent, Inc. - Terms & Conditions

HOSTING SERVICES TERMS AND CONDITIONS - Last Revised: 02/01/2011

The use of services provided by Brand Excellent, Inc. Solutions [hereafter referred to as "Brand Excellent, Inc."] is subject to the following Terms and Conditions. 

Party Definitions and Introductory Terms ‐ 
The operative parties referred to in this Agreement are defined as follows:

1. Brand Excellent, Inc. is the publisher and operator of www.brandexcellent.com (the “Site”) whereby Brand Excellent, Inc. makes certain web hosting services (the “Services”) available.

When first‐person pronouns are used in this Agreement, (Us, We, Our, Ours, etc.) these provisions are referring to Brand Excellent, Inc.. Additionally, when the terms “the Site” or “Site” are used, these terms refer to any site published by Us, unless a site is specifically exempt from this policy. 

2. You, the Client ‐ 
As Our Client and the user of the Site or Services, this Agreement will refer to You through any second‐person pronouns, such as “Your,” “Yours,” etc.

PLEASE READ THE FOLLOWING HOSTING SERVICES TERMS AND CONDITIONS. BY SUBSCRIBING TO BRAND EXCELLENT’S SERVICES, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT (the “AGREEMENT”). IF YOU AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK “I ACCEPT,” OR CHECK THE APPROPRIATE BOX MANIFESTING YOUR INTENT TO BE BOUND BY THESE TERMS AND CONDITIONS AND CONTINUE WITH THE ACCOUNT SET‐UP PROCESS. YOU SHOULD PRINT‐OUT A COPY OF THIS AGREEMENT FOR FUTURE REFERENCE. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK THE “BACK” BUTTON ON YOUR BROWSER AND DO NOT SUBSCRIBE TO BRAND EXCELLENT’S SERVICES. BRAND EXCELLENT AGREES TO PROVIDE SERVICES TO YOU ONLY IF YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. ANY USE OF BRAND EXCELLENT’S SERVICES SHALL CONSTITUTE AN ACT OF ACCEPTANCE OF THE CURRENT HOSTING SERVICES TERMS AND CONDITIONS.  ALSO BY SIGNING UP FOR ANY OF THE SERVICES OFFERED BY BRAND EXCELLENT, INCLUDING THE FREE WEB SITE PACKAGE, YOU AGREE TO AUTHORIZE BRAND EXCELLENT TO CONTACT YOU BY MAIL, PHONE, EMAIL, OR TEXT REGARDING SOLICITATION OF ADDITIONAL PRODUCTS AND SERVICES. 

1. SERVICES 
1.1 At the time of initial registration, You will select from the list of available services the service plan(s) to which You wish to subscribe. All subscriptions to Services are subject to formal acceptance by Brand Excellent, Inc.. Your subscription to the Services will be deemed accepted by Brand Excellent, Inc. when Brand Excellent, Inc. delivers a confirmation of the subscription to You. Brand Excellent, Inc. reserves the right to refuse to provide You with any Service for any reason. Brand Excellent, Inc. also reserves the right to interrupt access to the Services to perform regular and emergency maintenance as needed. You may order additional Services at any time, provided that You agree to pay the then‐current fees for such additional services. All additional services shall be considered “Services” hereunder. All Services provided are subject to the terms and conditions of this Agreement. 

1.2 For purposes of this Agreement, the following categories of Services are applicable:

  • Virtual/Shared Hosting Plans, which may be collectively referred to within this Agreement as "Virtual," "Shared,""Virtual/Shared,"or Unlimited Hosting accounts, plans, and/or servers.
  • Reseller Plans, which may be collectively referred to within this Agreement as “Reseller” accounts, plans, and/or servers.
  • Semi‐Dedicated
  • Dedicated Plans, including Flash Streaming, Managed Dedicated, Unmanaged Dedicated, and Unmetered Dedicated, and which may be collectively referred to within this Agreement as “Dedicated” accounts, plans, and/or servers.

2. REVISIONS TO USER AGREEMENT 
This Agreement contains the complete and entire terms and conditions that apply to Your use of Brand Excellent, Inc.’s Services (as defined below). Brand Excellent, Inc. may modify the terms of this Agreement, including the Fees (as defined below) at any time. 

2.1 From time to time, We may revise this Agreement. We reserve the right to do so, and You agree that We have this unilateral right. You agree that all modifications or changes to this Agreement are in force and enforceable immediately upon posting. The updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. To the extent any amendment of this Agreement is deemed ineffective or invalid by any court, the parties intend that the prior, effective version of this Agreement be considered valid and enforceable to the fullest extent.

2.2 We agree that if We change anything in this Agreement, We will change the “last modified” date at the top of this Agreement. You agree to periodically re‐visit this web page, and to use the “refresh” button on Your browser when doing so. You agree to note the date of the last revision to this Agreement. If the “last modified” date remains unchanged from the last time You reviewed this Agreement, then You may presume that nothing in the Agreement has been changed since the last time You read it. If the “last modified” date has changed, then You can be certain that something in the Agreement has been changed. 

2.3 Should You wish to terminate this Agreement due to any revisions made by Us, You must do so in writing via the cancellation form within thirty (30) days of the “last modified” date described above. Your continued use of the Services after the effective date of any such notice constitutes Your acceptance of such changes. 

2.4 Waiver – if You fail to periodically review this Agreement to determine if any of the terms have changed, You assume all responsibility for such omission and You agree that such failure amounts to Your affirmative waiver of Your right to review the amended terms. We are not responsible for Your neglect of Your legal rights.

2.5 Incorporations by reference - Although this Agreement represents the primary terms and conditions of service for Brand Excellent, Inc.’s Services, additional guidelines and rules are hereby incorporated by reference. The documents which can be found on Our Site, and which are specifically incorporated by reference, and are therefore part and parcel of this Agreement are the following:

Our Privacy Policy
Our Mail and Anti-Spam Policies
Our Acceptable Use Policy

3. DURATION OF AGREEMENT AND CANCELLATION POLICY/REFUNDS 
3.1 The Initial Term shall begin upon the date that You receive Your account login information from Us. The term's length is chosen by You and shall be indicated when You order Our Services. After the Initial Term, this Agreement shall automatically renew for successive terms, equal in length to the Initial Term, unless terminated or canceled by either party as provided herein. 

3.2 This Agreement may be terminated by either party any time prior to the billing period ending cycle, (Clients must use the Cancellation Request Form found at (http://myaccount.brandexcellent.com/), or by Brand Excellent, Inc. in the event of nonpayment or violation of terms of service by You at any time, without notice, if in Brand Excellent, Inc.’s sole judgment You have in any way breached this Agreement (“Termination for Cause”).

3.3 Dedicated Server cancellation requires a thirty (30) day notice in writing via e‐mail and an official cancellation via the Client Area of the Support Portal.

3.4 Brand Excellent, Inc. may also terminate this Agreement in its sole discretion at any time for any or no reason. (“Termination without Cause”). In such case, Brand Excellent, Inc. will provide You with thirty (30) days written notice before the discontinuation of Services.

3.5 If Brand Excellent, Inc. cancels this Agreement pursuant to any of the terms outlined in this Agreement, with the exception of Termination without Cause pursuant to paragraph 3.4, Brand Excellent, Inc. shall not refund to You any fees paid or prepaid in advance of such cancellation and You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation. In the event that Brand Excellent, Inc. terminates the Agreement for cause all prepaid hosting fees will be forfeited and are not refundable.

3.6 Cancellations must be done in writing via the Client Area of the Support Portal. We require You to cancel in writing so that We can confirm Your identity and to confirm with You that You are prepared for all of Your content to be removed from Our servers. Once We receive Your cancellation and have confirmed all necessary information with You via e‐mail, We will inform You via email to the email address on file that Your account has been canceled. If You do not receive the confirmation email within twenty‐four (24) hours after submitting Your cancellation request, please contact Us immediately via phone.

3.7 Prepaid hosting customers who wish to cancel will be refunded only the remaining balance of their service.  This balance is calculated using the difference between Your original payment and the amount of usage as of the date of the cancellation request.  Usage is billed at the plan’s regular monthly rate.

3.8  Cancellation of any account which included a “free domain name” will result in that customer being charged the full price for each domain name.  Domain name pricing will be determined as of the date of the cancellation request.

3.9 For any Virtual/Shared hosting and/or Reseller Clients who paid the first invoice with a credit card or with PayPal®, Brand Excellent, Inc. gives You an unconditional “Any Time Money Back Guarantee.” If Virtual/Shared or Reseller clients are not completely satisfied with Our Service, You will be given a full refund for any unused time.  You must cancel via the Client Area of the Support Portal to take advantage of this guarantee. The following payment methods are non‐refundable, and any refund attempt for Clients using these methods of payment will result in a credit posted to the hosting account: bank wire transfers, Google® Check Out, checks, and money orders. Refund requests for Virtual/Shared and Reseller accounts after the initial thirty (30) days will be treated as a cancellation request, with any prepaid fees refunded on a prorated basis of any unused time.

3.10 Only first time customers of Brand Excellent, Inc. are eligible for any refund or guarantee offered by Us. If You previously had an account with Brand Excellent, Inc. and cancelled it, any and all subsequent accounts will not be eligible for a refund.  All refunds are granted at Our sole discretion, and all refund decisions are final.

3.11 IMPORTANT: Brand Excellent, Inc. does not offer refunds for Dedicated server accounts, installation and set-up fees, administrative fees, service add-ons such as Certified Protection and additional IP addresses, or domain name purchases/registrations.

3.12 Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

3.13 Any violations of this Agreement or any other Brand Excellent, Inc. policy will result in Your waiver of any right You may have had to any refunds. 

3.14 Domain name transfers:  Domain names registered through Us are eligible for transfer to third-party registrars sixty (60) days after registration with Us.  Prior to eligibility for transferring a domain name, You may update the domain name server address to point to third-parties.

4. ACCOUNT SET UP 
4.1 When You register for the Services, Brand Excellent, Inc. will ask You to select a user ID and a password. You may use the Services or modify Your information, data and content only through such user ID and password. You are entirely responsible for maintaining the confidentiality of Your user ID and password and for any and all activities which occur using those credentials. You agree to immediately notify Us of any unauthorized use of Your account or any other breach of security known to You.

4.2 You must provide Us with a primary email address that is not part of any domain hosted by Us. All notices and communications between Us will be sent to this email address You provide, and You are therefore required to keep this address current or update Your account profile if Your address changes. It is also Your responsibility to make sure that Our domain(s), including brandexcellent.com, are not included in any spam block list used by You or Your mail provider.

4.3 Providing false or inaccurate contact information of any kind may result in the Termination for Cause of Your account per Section 3.2 of this Agreement.

4.4 For Dedicated server or other high risk accounts, You must supply a copy of a valid government identification card and scanned copy of the credit card used to open Your account. If You do not provide these documents in the time frame requested, Your order may be denied.

4.5 You are responsible for all activity transpiring under Your account. We therefore highly recommend that You secure file, directory, and script permissions to the most restrictive settings possible. You agree that You have the technical ability to properly operate a web site and that You are responsible for any actions performed under Your account, including but not limited to, damage caused to Your site, Brand Excellent, Inc.’s site and/or equipment, and any other site.

4.6 If You have an existing site that You are migrating to Brand Excellent, Inc., We may elect to assist You with moving Your site’s files and getting Your site up and running. This service is purely at Our discretion, and We make no guarantees that Your site will be compatible with Brand Excellent, Inc.. Due to the proprietary nature of some hosting platforms, it may not be possible to migrate any or all of Your old site.

5. INTELLECTUAL PROPERTY RIGHTS 
All Services provided by Brand Excellent, Inc. may only be used for lawful purposes. 
5.1 As between You and Brand Excellent, Inc., Brand Excellent, Inc. acknowledges that it claims no proprietary rights in or to the content (including without limitation, text, software, music, sound, audio visual works, motion pictures, photographs, animation, video and graphics) supplied by You for use on Your web site (“Your Content”). You hereby grant to Brand Excellent, Inc. a non‐exclusive, worldwide and royalty‐free license to copy, make derivative works, display, perform, use, broadcast and transmit on and via the Internet Your Content, solely for the benefit of You and to enable Brand Excellent, Inc. to perform its obligations hereunder. 

5.2 In connection with performance of the Services and at the sole discretion of Brand Excellent, Inc. with no obligation, Brand Excellent, Inc. may provide You with certain materials, including, without limitation, computer software (in object code or source code form), data, documentation or information developed or provided by Brand Excellent, Inc. or its suppliers under this Agreement, domain names, electronic mail addresses and other network addresses assigned to You, and other know‐how, methodologies, equipment, and processes used by Brand Excellent, Inc. to provide You with the Services (“Host Materials”). Subject to the terms and conditions of this Agreement, Brand Excellent, Inc. hereby grants You a limited, revocable, non‐transferable, non‐exclusive license to use the Host Materials solely in connection with the Services. This license terminates when this Agreement terminates. As between You and Brand Excellent, Inc., You acknowledge and agree that Brand Excellent, Inc. owns all right, title, and interest or otherwise has acquired all applicable licenses for the Host Materials, and all copyright, trade secret, patent, trademark and other intellectual property rights therein. Any use of the Host Materials is not licensed and strictly prohibited. You agree that You will not upload, transmit, reproduce, distribute or in any way exploit any Host Materials obtained through the Services without first obtaining the express written permission to do so from Brand Excellent, Inc.. 

5.3 This Agreement does not constitute a license to use Brand Excellent, Inc.’s trade names, service marks or any other trade insignia. Any use of any of Brand Excellent, Inc.’s trade names, service marks or any other trade insignia shall be subject to Brand Excellent, Inc.’s prior written consent. 

5.4 As a specific matter – You are not permitted to register any Uniform Resource Locator (URL) or world wide web address that contains any of Our trademarks or URLs or that contain any terms that are confusingly similar to Our trademarks or Our URLs. 

5.5 You may not register any URL or world wide web addresses that consist of, or contain, common or likely misspellings of Our trademarks or Our URLs. 

5.6 In the event that You wish to register a URL and You are unclear as to whether the URL would be considered to be a violation of this provision, You are invited to contact Us. Upon receipt of Your request, We will issue a determination to You within thirty (30) days as to whether the URL would be a violation of this Agreement. 

5.7 In the event that You do not receive a response from Us within thirty (30) days, You should consider registration of the URL to be a violation of this Agreement and You should not register the URL. 

5.8 If You violate this Agreement, You will immediately transfer the offending URL to Us upon demand, and You agree to pay Us $5000 in stipulated liquidated damages for each URL registered in violation of this Agreement. 

5.9 You specifically agree to pay these liquidated damages. In agreeing to pay these liquidated damages, You acknowledge that this amount is not a penalty, and that the actual damages are uncertain and difficult to ascertain, but that this amount represents the parties’ good faith attempt to calculate an appropriate compensation based on anticipated actual damages. 

5.10 If We are required to enlist the assistance of an Attorney or other person to collect any liquidated damages or any other amount of money from You, or if We are required to seek the assistance of an Attorney to pursue injunctive relief against You, or if We are required to file an ICANN complaint against You in order to bring about the transfer of an offending URL to Us from You, then You additionally agree that You will reimburse Us for all fees incurred in order to collect these liquidated damages, or in order to seek injunctive relief from You, or in order to file and prosecute an ICANN complaint. 

5.11 You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the liquidated damages themselves. You agree that You will pay all of these fees and costs. 

5.12 DMCA COMPLIANCE 
We respect the intellectual property of others, and We ask Our users to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide Our Designated Copyright Agent with the following information: 

A. 
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
B. A description of the copyrighted work or other intellectual property that You claim has been infringed. 
C. A description of where the material that You claim is infringing is located on the Services. 
D. Your physical address, telephone number, and email address. 
E. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and. 
F. A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. 

You may send Your Notice of Claimed Infringement to: 
Fred Roth
13333 Overseas Highway 
Marathon, FL 33050
Fax: (305) 396-4596
Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

NOTE
: Please do not send other inquiries or information to Our Designated Agent. 

Notice and Take Down Procedures 


The Site implements the following “notice and takedown” procedure upon receipt of any notification of claimed copyright infringement. The Site reserves the right at any time to disable access to, or remove any material or activity accessible on or from any Site or any Materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent. It is the firm policy of the Site to terminate the account of repeat copyright infringers, when appropriate, and the Site will act expeditiously to remove access to all material that infringes on another’s copyright, according to the procedure set forth in 17 U.S.C. §512 of the Digital Millennium Copyright Act (“DMCA”). The Site’s DMCA Notice Procedures are set forth in the preceding paragraph. If the notice does not comply with §512 of the DMCA, but does comply with three requirements for identifying sites that are infringing according to §512 of the DMCA, the Site shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notice requirements. When the Designated Agent receives a valid notice, the Site will expeditiously remove and/or disable access to the infringing material and shall notify the affected user. At that point, You, the Client, may utilize the following counter‐notification procedure. 

5.13 DMCA Counter-Notification Procedure 
If the Recipient of a Notice of Claimed Infringement ("Notice") feels that the Notice is erroneous or false, and/or that allegedly infringing material has been wrongly removed in response to a Notice as outlined in Section 5.12 above, the Recipient is permitted to submit a counter-notification pursuant to Section 512(g)(2) and (3) of the DMCA. A counter-notification is the proper method for the Recipient to dispute the removal or disabling of material pursuant to a Notice. The information that a Recipient provides in a counter-notification must be accurate and truthful, and the Recipient will be liable for any misrepresentations which may cause any claims to be brought against Us relating to the Content. 

To submit a counter-notification, please provide Our Designated Copyright agent the following information: 
A: A specific description of the material that was removed or disabled pursuant to the Notice. 
B. A description of where the material was located within the Site or the Content before such material was removed and/or disabled. Please provide the specific url if possible. 
D. A statement reflecting the Recipient's belief that the removal or disabling of the material was done so erroneously. For convenience, the following format may be used: 
“I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider as a result of mistake or misidentification of the material to be removed or disabled.” 
E. The Recipient's physical address, telephone number, and email address. 

Written notification containing the above information must be signed and sent to: 

Fred Roth
13333 Overseas Highway 
Marathon, FL 33050
Fax: (305) 396-4596

Alternately, to email the above information, You must electronically sign the email and send it to: 
This e-mail address is being protected from spambots. You need JavaScript enabled to view it '; document.write( '' ); document.write( addy_text92700 ); document.write( '<\/a>' ); //--> This e-mail address is being protected from spambots. You need JavaScript enabled to view it Do not send any other information or material to the DMCA Agent. 

After receiving a DMCA-compliant counter-notification, Our Designated Copyright Agent will forward it to Us, and We will then provide the counter-notification to the entity who first provided the Notice concerning material in the Recipient's Content. 

Additionally, within ten to fourteen (10-14) days of Our receipt of the counter-notification, We will replace or cease disabling access to the disputed material provided that We or Our Designated Copyright Agent have not received notice from the entity who first provided the Notice that such entity has filed a legal action pertaining to the disputed material. The Site reserves the right to modify, alter or add to this policy, and all users should regularly check back regularly to stay current on any such changes.

6. CONTENT AND ACCEPTABLE USE POLICY 
6.1 You agree to comply with the content and acceptable use provisions found in this Agreement. Brand Excellent, Inc. reserves the right to modify this Agreement at any time by posting the modified policy on its web Site. You agree to monitor Brand Excellent, Inc.’s home page for any changes to this Agreement. 

6.2 Brand Excellent, Inc. may, at its sole discretion, immediately terminate Your access to the Services, and terminate this Agreement for cause, if Your conduct violates the acceptable uses outlined below, or if any of Your end users’ or downstream customers’ conduct violate such acceptable uses. 

6.3 We will not actively monitor the content of the web sites being hosted by Us, although We, at our sole discretion, may elect to electronically monitor Our network and may disclose any content or records concerning Your account as necessary to satisfy any law, regulation, or other governmental request or to properly operate Our network and protect any of Our customers. Brand Excellent, Inc. will investigate complaints of a violation of a third party right or of any portion of this Agreement. Brand Excellent, Inc. will cooperate with those attempting to minimize Internet abuse and reserves the right to institute “filters” or other mechanisms for that purpose. Brand Excellent, Inc. will cooperate with law enforcement authorities and will notify such authorities if it suspects that You or any of Your end users are engaged in illegal activities. 

6.4 You acknowledge and expressly agree that Brand Excellent, Inc. will not be liable to You or any of Your end users for any action Brand Excellent, Inc. takes to remove or restrict access to the Services for any alleged violation of this Agreement, or exercising its rights as a Good Samaritan under the Telecommunications Act of 1996, Section 230 of the Communications Decency Act, or under the Digital Millennium Copyright Act of 1998. 
Without Our express written consent, You may not:

  • Use the Service in connection with unlawful contests, lotteries, or gambling; pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute, traffic or disseminate any defamatory, obscene, or otherwise unlawful or objectionable (in Our discretion) content, such as child pornography.
  • Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation.
  • Upload, or otherwise make available files or products that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consents to do same.
  • Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s property.
  • Use meta tag searches on the site.
  • Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Service.
  • Harvest or otherwise collect information about others, including e‐mail addresses, except as needed to operate Your site and as permitted in Your site’s privacy policy (if any).
  • Violate any applicable laws, policies, or regulations.
  • Create a false identity for the purpose of misleading others. Any fraudulent, deceptive or unfair transactions or trade practices are strictly forbidden. You agree to fully comply with the United States Federal Trade Commission (“FTC”) statutes and regulations (if You do business in the United States or with United States based customers), and any related rules, policies, and advisory opinions issued by the FTC.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
  • Use the Service for any public IRC interconnections. i.e. hosting an IRC daemon or reselling / providing shell services where IRC clients and or bots are utilized.
  • Use the service for a primary business of email services. This may include free email services to the public, opt‐in lists, double opt‐in, or any matter of regular bulk email services.
  • Run stand‐alone, unattended server‐side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
  • Run any type of web spider or indexer (including Google Cash / AdSpy) on Virtual/Shared servers.
  • Run any software that interfaces with an IRC (Internet Relay Chat) network.
  • Run any bit torrent application, tracker, or client. You may link to legal torrents off‐site but may not host or store them on Our Virtual/Shared servers.
  • Participate in any file‐sharing/peer‐to‐peer activities
  • Run any gaming servers such as counter‐strike, half‐life, battlefield1942, etc
  • Run cron entries with intervals of less than 15 minutes
  • When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")

Examples of unacceptable material on all Virtual/SharedShared and Reseller servers include:

  • Copyrighted material that You do not have a license to distribute
  • AutoSurf/PTC/PTS/PPC sites
  • Bank Debentures/Bank Debenture Trading Programs
  • Banner‐Ad services (commercial banner ad rotation)
  • Bruteforce Programs/Scripts/Applications
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • File Dump/Mirror Scripts (similar to RapidShare)
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Fraudulent Sites
  • Hacker focused sites/archives/programs
  • Hateful/Racist/Harassment oriented sites
  • High‐Yield Interest Programs (HYIP) or Related Sites
  • Image Hosting Scripts
  • Investment Sites (FOREX, E‐Gold Exchange, Second Life®/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • IP Scanners
  • IRC Scripts/Bots
  • Lottery Sites
  • Mail Bombers/Spam Scripts
  • MUDs/RPGs/PPBGs
  • Pirated Software/Warez
  • Prime Banks Programs
  • Proxy Scripts/Anonymizers
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Sites promoting illegal activities
  • Topsites
  • File Sharing
  • File Archive/Backup/Site Mirroring  (i.e. using Your account solely as a storage or backup service)

Examples of unacceptable material on all Dedicated servers include:

  • Copyrighted material that You do not have a license to distribute
  • Bank Debentures/Bank Debenture Trading Programs
  • Bruteforce Programs/Scripts/Applications
  • Child pornography or advertisements therefor
  • Escrow
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow‐fraud.com)
  • Hacker focused sites/archives/programs
  • Hateful/Racist/Harassment oriented sites
  • High‐Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E‐Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • IP Scanners
  • IRC Scripts/Bots
  • Online Gambling/Lottery Sites
  • Mail Bombers/spam Scripts
  • Pirated Software/Warez
  • Prime Banks Programs
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Sites promoting illegal activities

Our abuse department may contact you regarding Your use of the Services. You must respond to any such communication within forty‐eight (48) hours from the date and time of the communication or face possible suspension and/or termination. Brand Excellent, Inc. reserves the right to immediately suspend or terminate the account of any customer violating the above‐referenced Acceptable Use Policy, without notice, if in Our discretion, it appears that illegal activity is being facilitated or if the public welfare is in danger. All abuse issues must be dealt with via ticket/email. 

6.5 Brand Excellent, Inc. takes the issue of child pornography very seriously, and any potential harm to minors is strictly prohibited. Content that is or may be perceived to be child pornography will be immediately removed upon notification or detection by Us. Additionally, any account whose website(s) hosts or links to child pornography will be terminated immediately and without notice to You. If the account is a Brand Excellent, Inc. reseller account, the account will be suspended and the reseller will be directed to terminate the account. Consistent with federal law, Brand Excellent, Inc. will cooperate with law enforcement authorities and will notify such authorities if it suspects that You or any of Your downstream customers or end users are engaged in such illegal activities. 

6.6 Section 230 Notice: You acknowledge Your responsibility to prevent minors under Your care from accessing harmful or inappropriate material on Your site. You agree not to allow minors to view any such site, and agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors' access to harmful or inappropriate material. Pursuant to 47 U.S.C. §230(d), You are hereby informed that You can research such services at websites such as: 
www.getwise.org or http://www.child‐internet‐safety.com/internet_filters.php, among others. Please note that this Site makes no representation or warranty regarding any of the products or services referenced on such sites, and recommend that the user conduct appropriate due diligence before purchasing or installing any online filter. You agree to take particular steps to prevent minors from viewing this site if Your computer can be accessed by a minor. Finally, You agree that if You are a parent or guardian of a minor child, it is Your responsibility, not Ours, to keep any age‐restricted content on Our Site from being displayed or accessed by Your children or wards. 
Pursuant to the Communications Decency Act (“CDA”), 47 U.S.C. § 230(c)(1), and court decisions interpreting the scope of the CDA, You acknowledge and understand that Brand Excellent, Inc. operates as the provider of an interactive computer service. Thus, We are immune from, and cannot be held responsible for, claims arising from the publication of Your content (including third‐party content). We do not create such content, and We are not responsible for the publication of remarks or communications of third‐parties that may arguably rise to the level of being actionable under federal or state laws including, but not limited to, the publication of material that might be considered defamatory, or violative of privacy or publicity rights. Note, that federal law allows Brand Excellent, Inc. to remove any content found to be offensive, defamatory, obscene or otherwise violative of Our policies, without impacting Our status as an interactive computer service. Nothing contained in this paragraph is intended to limit or alter the immunity from claims provided by Section 230 of the Communications Decency Act.  Nothing contained in this Agreement is intended to limit or alter the immunity from claims provided by Section 230 of the Communications Decency Act, and no third parties are intended to benefit from this User Agreement between You and Us.

6.7 We respect the intellectual property rights of all parties, and have adopted a policy regarding termination of repeat copyright infringers under the Digital Millennium Copyright Act.  Copies of Our Repeat Infringer Policy are available on request to our customers or subscribers.

7. ZERO TOLERANCE SPAM POLICY 
7.1 You agree to comply with Brand Excellent, Inc.’s Anti‐Spam Policy which may be found at http://brandexcellent.com/policies/antispam.htmland which is hereby incorporated by reference as an indispensable part of this Agreement. 

7.2 Brand Excellent, Inc. reserves the right to modify the Anti‐Spam Policy at any time by posting the modified policy on its web site. You agree to monitor Brand Excellent, Inc.’s home page for any changes to the Anti‐Spam Policy. Your continued use of the Services after the effective date of any changes to the Anti‐Spam Policy constitutes Your manifestation of intent to be bound by such changes. 

8. PAYMENT 

8.1 Payment for Services is due in advance of the time period for which such payment covers. Services are billed on an automatic and recurring basis unless and until you follow Brand Excellent, Inc.’s cancellation procedure set forth in this Agreement.

8.2 You must keep all payment information current to avoid late and/or missing payments. We provide a 10 day grace period from the date Your invoice is created until the time Your payment is due. Any payment received after the 10 day grace period is considered untimely and will result in a $10.00 late fee and/or suspension of Your account until Your balance is paid in full.

8.3 Brand Excellent, Inc. is not responsible for any bank fees incurred by You due to Your use of check cards, automatic payment services, insufficient funds, and any and all other fees your financial institution may impose due to Your use of the Services. You agree to pay any taxes, including personal property, value added, or sales taxes, resulting from Your use of the Services. If Brand Excellent, Inc. should receive less than full payment of the Fees due to taxes, bank charges, transfer fees, or the like, Brand Excellent, Inc. will invoice You for the difference between payment received and the Fees due. You agree to pay all attorney and collection fees arising from our efforts to collect any past due Fees from You to the extent allowed by law.

8.4 Any overpayment due to multiple PayPal® subscriptions will be added toward future invoices and will not be refunded via PayPal®.

8.5 Subject to specific provisions within this Agreement, Brand Excellent, Inc. reserves the right to change the monthly payment amount and any other charges at anytime.

8.6 Coupons and Discount Codes – From time to time, Brand Excellent, Inc. may offer coupons or other discount codes which may be used when signing up for hosting with Us. Coupons and discount codes are for first‐time customers of Brand Excellent, Inc. and must be used at the time of Your initial purchase with Us – they may not be applied after Your service with Us has already been initiated. Unless expressly provided, such coupons and discount codes may not be used toward domain name purchases or upgrades to Your account. Any account We deem to be attempting unauthorized coupon or discount code use may result in Termination for Cause.

9. BACK UPS & DATA LOSS 
You agree that Your use of Brand Excellent, Inc.’s Services is at Your own risk. You are solely responsible for creating backups of Your Content. While Brand Excellent, Inc. may make backups of Your Content when performing routine maintenance or when performing system‐wide backups, You should not rely on Our backup procedure as Your sole method of preserving Your Content. Brand Excellent, Inc.’s backup procedure will not backup files larger than 40MB, nor will We backup email. If We do make a backup of Your Content which You later request Us to restore to Your account, We cannot guarantee that Your Content will be unharmed as a result of the initial data loss or the subsequent restore procedure. To that end, We highly recommend that You establish Your own routine backup procedure and that You periodically test restoring files from Your backup media to ensure that You are making viable backups. 

10. RESELLER ACCOUNTS AND CLIENT RESPONSIBILITY 

10.1 Brand Excellent, Inc. is not responsible for providing technical support to the customers of Our Reseller clients. If a Reseller is unable to assist its customers with technical support issues, We reserve the right to suspend that Reseller account until the Reseller is able to properly support its clients.

10.2 If a Reseller requires Our support for a Reseller’s client, the Reseller must make the request, and not the Reseller’s client.

10.3 Resellers are responsible for all content, data, and transmissions of the Reseller and of the Reseller’s clients. We will hold the Reseller responsible for any violations of any applicable law and this Agreement, whether or not such violation is the action of the Reseller or the Reseller’s client. 

11. VIRTUAL/SHARED HOSTING: (non-reseller accounts) 

11.1 Only Reseller accountholders are permitted to resell hosting services. Any Virtual/Shared hosting client found to be reselling services may be Terminated for Cause. 

11.2 Virtual/Shared hosting accounts must have a web site associated with the account. Using a Virtual/Shared hosting account as a file repository or backup service is prohibited. 

11.3 Virtual/Shared customers receiving “Unlimited” storage and “Unlimited” bandwidth understand and agree that such storage and/or bandwidth may be limited if such customers’ website or files are causing performance and/or reliability issues with the shared server.  Any such performance issue caused by Your content may cause Your account to be suspended unless You take advantage of Our Certified Protection policy.  See Section 13.3 of this Agreement for more details.

11.4 See Section 6.4 of this Agreement for content and other restrictions on Virtual/Shared accounts.

12. DEDICATED SERVER POLICIES 

12.1 Bandwidth pricing and measurement frequency is subject to change at Brand Excellent, Inc.’s discretion. Dedicated plan Clients affected by such changes will be notified no less than thirty (30) days in advance by Brand Excellent, Inc.. 

12.2 Dedicated server payments are NONREFUNDABLE, and Dedicated server accounts are not eligible for the thirty (30) day money back guarantee. For example, if You submit payment for twelve (12) months of service, service will be provided for twelve (12) months and will not be refunded if You choose to discontinue service with Brand Excellent, Inc. mid‐way through the term. However, if, pursuant to Section 3.4 of this Agreement, Your account is Terminated without Cause, Brand Excellent, Inc. will provide You with thirty (30) days written notice before the discontinuation of Services. 

12.3 If an existing server is required to undergo a hardware upgrade, or if You request a hardware upgrade, Brand Excellent, Inc. will perform such upgrade. Hardware upgrades will be subject to a mutually agreed upon fee paid by You as well as an increase in the monthly service rate. 

12.4 Brand Excellent, Inc. reserves the right to modify the Dedicated server packages advertised on its website at its discretion. Unless otherwise agreed to, no hardware upgrade, fee decrease, or other benefit advertised on Brand Excellent, Inc.’s website will be applicable to existing customers. 

12.5 To protect the security of managed dedicated servers and to secure the network, kernel, and operating system, Brand Excellent, Inc. reserves the right to apply security patches, upgrade the operating system, or any other measure Brand Excellent, Inc. deems necessary. Brand Excellent, Inc. may also need to reset the password on dedicated servers in order to perform maintenance and security audits. You must keep a valid email address (which is separate from any domain for which We provide Services) and root password on file with Us to prevent downtime caused by any forced password resets. 

12.6 For unmanaged dedicated servers, it is Your responsibility to apply security patches and maintain the security of Your server. Failure to adequately protect Your server is grounds for termination of Services without refund. Alternately, and at Our discretion, We may take any steps We deem necessary to protect the security of Our network and servers. Such action may result in additional charges to Your account. 

13. RESOURCE USAGE 

13.1 Brand Excellent, Inc. does not impose hard set limits on each account's system resources. We do not actively disable accounts until they greatly exceed an acceptable level of usage. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. Brand Excellent, Inc. will advise You of a temporary block placed on any account found to be consuming an inordinate amount of system resources, to the point of degrading overall system performance. 

13.2 Except where expressly permitted by law, You may not translate, reverse‐engineer, decompile, disassemble, or make derivative works from any of the Site and/or Materials. You hereby agree not to use any automatic device or manual process to monitor or reproduce the Site or Materials, and will not use any device, software, computer code, or virus to interfere or attempt to disrupt or damage Our Services and Site or any communications on it. If You do not adhere to this provision of this Agreement, in addition to monetary damages and other remedies available to Brand Excellent, Inc., You hereby agree to pay liquidated damages of $5000.00 plus any and all fees associated with recovery of these damages, including attorneys’ fees and costs. 

13.3 Brand Excellent, Inc. Clients have the option to add on a Certified Protection Policy to any Virtual or reseller hosting plan. The Certified Protection Policy will insure an account is never suspended for resource usage. You may view the details of the Certified Protection Policy here:http://brandexcellent.com/protection/

13.4 INODES: While Brand Excellent, Inc. does not have a set limit on the number of inodes, if You routinely create and delete a high volume of files, or if You store hundreds of thousands of files or otherwise cause file system damage, Your account may be reviewed and/or suspended. Additionally, Your account will be removed from any backup system to which it may belong to avoid damaging the system. Excessive inodes are often caused by Clients leaving their account’s catchall email address enabled and then never checking that email account. This can cause a large number of messages to build up. Every file, including email messages, uses one (1) inode. You can disable the catchall email account by logging in to cPanel and choosing "Mail," then "Default Address," "Set Default Address," and then type in: :fail: No such user here. 

13.5. BANDWIDTH USAGE Your monthly bandwidth allowance is determined by the specific package for which You sign up. If your account exceeds Your monthly allowance, We reserve the right to suspend Your account until You upgrade to a package containing a sufficient bandwidth allowance, suspend Your account until the start of the next month’s allocation time period, terminate Your account pursuant to Paragraph 3.2 of this Agreement, and/or change You an overage fee. Unused bandwidth is not carried over to the next month for purposes of a credit. 

14. UPTIME GUARANTEE 

14.1 Brand Excellent, Inc.’s Service Level Agreement (“SLA”) may be found at http://brandexcellent.com/sla and which is hereby incorporated by reference as an indispensable part of this Agreement. The terms of the SLA are incorporated, with permission, by Brand Excellent, Inc.’s upstream provider. 

14.2 Brand Excellent, Inc. reserves the right to modify the Service Level Agreement at any time by posting the modified policy on its web site. You agree to monitor Brand Excellent, Inc.’s home page for any changes to the Service Level Agreement. Your continued use of the Services after the effective date of any changes to the Service Level Agreement constitutes Your manifestation of intent to be bound by such changes. 

15. PRICE CHANGE 

The base amount You pay for hosting will never increase from the date of purchase.  However, customers using coupon codes for their initial order with Us may see their price increase upon a renewal of service.  As stated in this Agreement, coupon codes are only applicable to the initial term of service for new customers (see Section 8.6 of this Agreement).  We reserve the right to change prices listed on brandexcellent.com at anytime, without notice, and the right to increase the amount of resources given to plans at any time. It is Your responsibility to check Our website for plan or price changes should You wish to take advantage of plan or price changes which may have occurred. Brand Excellent, Inc. does not automatically update Your plan. All upgrades or downgrades will be performed at Your request and may incur downgrade fees or require reinitiating service with Us. Note that charges related to bandwidth overage for Dedicated plans are not part of this provision. Bandwidth usage fees for Dedicated plans may be changed pursuant to Paragraph 12.1 of this Agreement.

16. INDEMNIFICATION 
You agree to defend, indemnify, and hold Brand Excellent, Inc. and its Affiliates harmless from and against any and all claims and liabilities, including reasonable attorneys’ and experts’ fees, related to or arising from (a) any breach of Your covenants under this Agreement; (b) Your use of the Services; (c) all conduct and activities occurring under Your user ID and password; (d) any item or service sold or advertised in connection with Your Content or Your information and data; (e) any defamatory, libelous or illegal material contained within Your Content or Your information and data; (f) any claim or contention that Your Content or Your information and data infringes any third party’s patent, copyright or other intellectual property rights or violates any third party’s rights of privacy or publicity; (g) any third party’s access or use of Your Content or Your information and data; (h) any violation of the applicable Acceptable Use Policy; and, (i) to the extent applicable to Your site, You warrant and represent that: 1) Your Content complies with Title 18, U.S.C. s. 2257 and 28 C.F.R. s. 75 et seq., as amended; 2) all performers depicted in the Your Content were over the age of eighteen (18) when the content was created; 3) Your Content does not contain any images which constitute child pornography, obscenity, bestiality, actual depictions of violence, or activities otherwise illegal in the United States of America; and 4) all representations and reproductions of any aspect of the likeness of actual people in the Your Content have been duly authorized and permitted by the persons depicted. In the event of a claim under this section, Brand Excellent, Inc. shall be permitted to select legal counsel to provide a defense to such claim. Brand Excellent, Inc. reserves the right, at its own expense, to participate in the defense of any matter otherwise subject to indemnification from You, but shall have no obligation to do so. You shall not settle any such claim or liability without the prior written consent of Brand Excellent, Inc., which shall not be unreasonably withheld. 

17. NO WARRANTIES 

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS, WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. Brand Excellent, Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON‐INFRINGEMENT. OTHER THAN AS SET FORTH IN PARAGRAPH 14, Brand Excellent, Inc. MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Brand Excellent, Inc. MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE SERVICES WILL BE CORRECTED. ANY STATEMENTS MADE REGARDING SUCH MATTERS IN PROMOTIONAL MATERIALS SHALL BE CONSIDERED ADVERTISING REFERENCES, AND NOT WARRANTIES. YOU UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. 

Brand Excellent, Inc. MAY MAKE THIRD‐PARTY GOODS, SERVICES AND/OR SOFTWARE AVAILABLE TO YOU THAT ARE NOT PART OF THE SERVICES (“THIRD‐PARTY SERVICES”). Brand Excellent, Inc. HAS NO CONTROL OVER THE CONTENT OF THIRD‐PARTY SERVICES. USE OF ANY THIRD‐PARTY SERVICES WILL BE AT YOUR OWN AND SOLE RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF A SEPARATE AGREEMENT BETWEEN YOU AND THE THIRD‐PARTY. 

Brand Excellent, Inc. MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Brand Excellent, Inc. OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, WHETHER BY IMPLICATION, ESTOPPEL OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY MARKETING OR PROMOTIONAL MATERIALS DESCRIBING THE SERVICES ON Brand Excellent, Inc.’s WEBSITE. 

UNLESS OTHERWISE AGREED TO IN WRITING, Brand Excellent, Inc. DOES NOT MAKE A BACK‐UP OF YOUR SITE(S) AS PART OF THE SERVICES. ACCORDINGLY, WE ENCOURAGE YOU TO MAKE A BACK‐UP OF YOUR SITE(S) ON A REGULAR BASIS. 

18. LIMITATION ON LIABILITY
YOU ARE SOLELY RESPONSIBLE FOR THE PROPER OPERATION OF YOUR WEB‐SITE AND/OR CONDUCT OF YOUR BUSINESS AND ALL OTHER MATTERS UNDER YOUR CONTROL. IN NO EVENT SHALL Brand Excellent, Inc. BE LIABLE TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR OPERATION OF YOUR WEB‐SITE AND/OR BUSINESS OR FAILURE TO OPERATE YOUR WEB‐SITE AND/OR BUSINESS. 
THIS SECTION APPLIES TO ALL CLAIMS BY YOU OR YOUR END USERS IRRESPECTIVE OF THE CAUSE OF ACTION UNDERLYING THE CLAIM, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, STRICT LIABILITY, FRAUD, AND/OR MISREPRESENTATION. 

REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT WILL Brand Excellent, Inc., OUR AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES, TECHNOLOGY, OR CONTENT AVAILABLE ON THE SERVICES (“AFFILIATES”), BE LIABLE TO YOU IN ANY MANNER WHATSOEVER: (A) FOR ANY DECISION MADE OR ACTION OR NON‐ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SERVICES; (B) FOR LOSS OR INACCURACY OF DATA OR, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (C) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOSS OF PROFITS OR LOSS OF REPUTATION, FOR BUSINESS INTERRUPTION OR SIMILAR ACTION, EVEN IF Brand Excellent, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL AGGREGATE AND MAXIMUM LIABILITY OF Brand Excellent, Inc. AND THE AFFILIATES, ARISING FROM OR OTHERWISE RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM) IS LIMITED TO ANY AMOUNTS YOU HAVE PAID TO Brand Excellent, Inc. DURING THE SIX (6) MONTHS PRIOR TO THE ACCRUAL OF THE CAUSE OR CAUSES OF ACTION. 

19. GENERAL PROVISIONS

A. Jurisdiction, Venue, and Choice of Law
This Agreement and all matters arising out of or otherwise relating to this Agreement shall be governed by the laws of the State of Florida, excluding its conflict of law provisions. The parties hereby submit to the personal jurisdiction of the state and federal courts of Monroe County, Florisa for disputes resolved under this agreement by litigation. Exclusive venue for any litigation permitted under this Agreement shall be with the state and federal courts located in Monroe County, Florida.

  • The parties agree that this choice of venue, jurisdiction, and forum as set out in the following parts of this Agreement is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the parties with respect to, or arising out of, this Agreement in jurisdiction other than that specified in th
Did You Know?
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