Use of any web site service offered by Brighter Earth Inc (BEI) by any client will constitute acknowledgment of and agreement to the terms outlined in this document. This AUP may be revised in part or in full at any time by BEI. Continued use of services offered by BEI, including it's associated web sites, after such changes or enhancements to the AUP have been made will constitute acceptance of any revisions to the AUP.

All services provided by BEI may be used for lawful purposes only. BEI does not monitor, edit, censor, or take responsibility for client content or communications from within the network controlled by BEI except inasmuch to determine if violations of the AUP have occurred once a suspected violation has been brought to the attention of BEI. Therefore, clients are solely responsible for the content and use of their service as provided by BEI and should ensure that such use falls within the guidelines of the AUP. BEI cannot and will not monitor, edit, censor, or otherwise interfere with information or content on clients' web sites. Because of this, BEI will not be responsible for injury or liability to any client resulting from communications that may be offensive, misleading, illegal, or otherwise unsuitable in the view of the client. Clients further agree to indemnify and hold harmless BEI or any of its subsidiaries from claims resulting from the use of any provided service which damages the client of any other party.

Backups are performed by BEI as a courtesy to clients; however, all clients are advised to maintain a current local copy of their files in the event backups are irretrievable for any reason. BEI will not be deemed responsible for data or other loss resulting from the unavailability of backups. Backups will not be retained for accounts that have been cancelled or suspended.

The sending of unsolicited email (spamming) from a BEI server or referencing a domain hosted by BEI, whether originating from the BEI network or not, is forbidden. BEI maintains an excellent reputation as a zero tolerance provider due to swift action on spam complaints. Complaints regarding spamming are investigated thoroughly by BEI. Should abuses be found by BEI's investigation, BEI reserves the right to immediately terminate the offending account in order to protect BEI's other clients. Sites that promote, sell, or otherwise provide access to spamware products or email lists or products that are solely for the purpose of extraction or sale of email addresses or which are used to send unsolicited bulk email are not permitted on any BEI server. Unsecured form to mail scripts are likewise prohibited as are any naming variant of generic form to mail scripts (formmail.*, Formmail.*, FormMail.*). Unsecured form to mail scripts found to exist under any client account may be deleted or renamed at the discretion of BEI; and client will subsequently be informed and a resolution will be worked out.

To protect and maintain high availability of all servers, activities designed to cause harm to or monopolize the resources of any server in the BEI network is prohibited. This includes, but is not limited to, the use of programs that consume excessive CPU time; use of server space for backup or storage of material unrelated to the web site of an account; use of any provided mail services other than for the client's own account; use of servers to engage in any malicious or illegal activity, including unauthorized access to remote systems or providing the means for such access or engaging in any activity that can be used as a means to begin remote system penetration; distribution of viruses, worms, or any other electronic destructive resource.

Internet Relay Chat ("IRC") related materials are prohibited, without exception. This includes bots, bouncers, or any script or software package designed to facilitate the creation, maintenance, or access to any IRC server or channel. Client accounts found to have such software or scripts uploaded are subject to suspension or termination without notice. Scripts or software found to exist on any server will be deleted immediately upon discovery, without notice, and a warning issued. Further violations of this policy will result in account termination.

Web proxy scripts are prohibited. This includes any script, such as nphproxy, that allows anyone to browse to a third party web site from any server in the BEI network or that otherwise masks the true origination point of browsing activities by use of network information associated with BEI. Such scripts will be deleted when found. Repeated violations will result in account suspension or termination.

Use of any BEI service to make any illegal or obscene content available via transmission, storage, or display of such material is prohibited. Accounts maintaining such content are subject to suspension or termination without notice.

Any activity that infringes on copyrights, trademarks, service marks, patents, software ownership, or trade secrets held by any third party entity is prohibited. BEI is required by law to remove or suspend accounts that violate copyright held by third parties when notified that such infringement exists. Accounts that continually engage in such violations are subject to termination. Material that is defamatory or abusive in nature, that infringes on the privacy or rights of others is prohibited.

Any activity not defined above but judged by BEI to be harmful to other clients or general operations of the network will be addressed on a case by case basis.

Accounts are payable in full at the time of account creation. Accounts for which payment by credit card is selected are subject to suspension if payment cannot be processed at the time of account creation and requests for updated, valid payment information are not resolved with valid payment information from client. Any account reaching thirty (30) days past due is subject to suspension for nonpayment. Such accounts are subject to termination after fortyfive (60) days. All invoicing and payments are automatic and recurring based on the contract length specified by the client at the time of account setup or by request after setup has been completed.

BEI reserves the right to refuse, cancel, or suspend service at its discretion. All clients, direct or indirect via resold account and all subnetworks and subsidiaries are subject to the terms of this AUP. Any violations of the above policy may be made via email or mail as listed on our Contact Us page.

This document and all portions of the BEI web site, including images, text, and scripts where ownership is not held by third parties are copyright 2008, Brighter Earth, Inc. No portion of this site or the content contained within may be reproduced in any form, or modified or otherwise altered for use by any party without the express permission of BEI.