Privacy Policy

Information

Privacy Policy

Server Maintenance Policy

Purpose

This is Brain-Core’s (“Brain-Core”, “we”, or “our”) Server Maintenance Policy. This Server Maintenance Policy discusses the ways in which we maintain our technology to improve and administer the Services (as defined in the Terms of Service) and how you will be impacted by those actions.
Availability

We offer a 99.9% uptime commitment. We will use our commercially reasonable efforts to provide the Services twenty-four (24) hours a day, seven days a week. However, in order to operate in an efficient and secure manner, servers and network equipment require routine maintenance and upgrades (“Scheduled Downtime”) and you acknowledge that from time to time the Services may be unavailable for various reasons, including due to Scheduled Downtime or causes beyond our control. We will provide commercially reasonable advance notice to you for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility, or inoperability of our web servers but we are not responsible for the unavailability.
Maintenance

Planned outages, including Scheduled Downtime, during these periods will not fall under our 99.9% uptime commitment. Brain-Core will make a reasonable effort to advise Brain-Core customers as far in advance as possible of any predicted extended outages.
1. Definitions.
  
  Three types of maintenance downtimes are defined:
  1. “Routine Maintenance” means a weekly short downtime necessary for quick updates and patches requiring reboots or restarts.
  2. “Comprehensive Maintenance” means a longer monthly or otherwise scheduled downtime necessary for more significant enhancements.
  3. “Emergency Maintenance” means a service affecting maintenance that is so severe it requires immediate attention.
  4. “Scheduled Downtime” includes (i) and (ii) above.
2. Intervals.
  
  The Scheduled Downtime intervals are as follows (the time zone is where the data center or server is located):
  1. Routine Maintenance Window (Weekly). Sunday mornings, from 12:00 AM until 5:00 AM Eastern Time, outages should not exceed fifteen (15) minutes unless other problems are encountered and will NOT be announced.
  2. Comprehensive Maintenance Window (Monthly or Scheduled). First Saturday evening of every month from 7:00 PM until 7:00 AM Eastern Time Sunday morning or otherwise scheduled and communicated to affected customers via your contact email address.
  3. Emergency Maintenance. This type of maintenance is inherently not scheduled and is only used in extreme circumstances. We will make our best effort to notify customers should this become necessary.
3. Limitations.
  
  This Server Maintenance Policy includes but is not limited to: (i) shared servers and accounts, (ii) reseller servers and accounts, (iii) VPS servers and accounts, (iv) dedicated servers and accounts, (v) all network equipment, and (vi) internal websites such as billing and support. Major system upgrades may require additional Scheduled Downtime.
Backup of Data

Before attempting to troubleshoot any issue yourself or engaging us to assist with Service issues, please BACKUP ANY AND ALL DATA. Brain-Core is not responsible for any data loss or corruption, including that resulting from: (i) our authorized actions, (ii) those actions you take using the Services, (iii) hardware failures, or (iv) any software or other technology failures.
Customer Responsibilities
1. It is the responsibility of the customer to make sure that all Services being provided on their servers are setup to resume operations automatically upon reboot or restart of the particular Service you have with us. Brain-Core will not be held responsible for any problems or service outages caused due to reboots during standard maintenance periods.
2. WE HAVE NO RESPONSIBILITY FOR DOWNTIME RESULTING FROM YOUR ACTIONS.
3. Please contact support at https://brain-core.net if you have any questions.

Support Policy

Purpose

This is Brain-Core’s (“Brain-Core”, “we”, or “our”) Support Policy. The purpose of this Support Policy is to clearly lay out Brain-Core’s support policies and procedures so that all customers have a clear understanding of what can be expected of us and what we expect of you, our valued customer, in connection with our delivery and your use of the Services (as defined in the Terms of Service). We ask that every customer read these policies and familiarize themselves with them. We look forward to providing quality support for all of your hosting needs
Backup of Data

Before attempting to troubleshoot any issue yourself or engaging us to assist with Service issues, please BACKUP ANY AND ALL DATA. Brain-Core is not responsible for any data loss or corruption, including that resulting from: (i) our authorized actions, (ii) those actions you take using the Services, (iii) hardware failures, or (iv) any software or other technology failures.
Methods of Support

Technical Support Tickets.This is our primary support system. Almost ALL issues will require the submission of a trouble ticket via email to support@brain-core.net. This is our preferred method because of the ability to track issues to resolution and give us time to properly review and research problems. Please do not submit multiple tickets about the same problem as that simply creates confusion. If you need to add information to an existing ticket, please do so in the existing ticket by logging into the support system or by replying to the ticket email.
Support Hours

The timeframes below are when the applicable method of support is provided. You can of course submit tickets outside this time frame, but answers may not be received until business hours resume.

Acceptable Use Policy

Purpose

Thank you for your business. This is Brain-Core’s (“Brain-Core”, “we”, or “our”) Acceptable Use Policy. This Acceptable Use Policy (“AUP”) discusses expectations we have for you and your obligations when using our Services (as defined in the Terms of Service.) Brain-Core is in the business of facilitating communication between computer networks. Our goal is to allow our users complete access to everything the Internet has to offer, and to help them build their businesses. This AUP facilitates this goal by governing your use of the Services. Because of the evolving nature of the Internet, our business, and the various ways in which our, equipment, technology or network may be abused, abusive activities not set out in this AUP may still be prohibited. For the same reason, we reserve the right to update this AUP from time-to-time.
Brain-Core Policies; Third Party Policies
1. This AUP and our other Policies are part of your contract with us, and governs your use of our network and resources and our provision of the Services (as defined in the Terms of Service.) If you are a customer, you’ve agreed to abide by our Policies when you checked “I agree” to our Terms of Service. If you are not our direct customer, you agree to abide by this AUP by using the Services provided by or through us.
2. You are bound by policies from third parties that provide services to you through Brain-Core. You are strongly encouraged to review such policies prior to agreeing to be bound by this AUP. We will provide you with additional information about those policies on request.
Prohibited Uses
1. Unsolicited commercial email, or SPAM, is prohibited.
  
  Our network is not designed to be used for mailing lists with over five hundred (500) recipients and you may not send an email to more than five hundred (500) recipients. If you need to send an email to over five hundred (500) recipients, please contact our Support Team for a list of other service providers that can assist with this task. Even if you send email to fewer than five hundred (500) recipients, we will consider your mail to be unsolicited, or SPAM, if it results in a number of complaints to us, disrupts our network, or subjects us to unfavorable action by other Internet providers. Please review the “CAN-SPAM Act” and ensure that any commercial email you send complies with this Act. Email that is “CAN-SPAM compliant” may still otherwise be prohibited by our AUP. If you believe one of our customers is engaged in spamming, please send an email containing all headers, and your contact information to: support@brain-core.net.
2. Certain content is prohibited.
  
  You are responsible for any content transmitted, or accessed, using our network. Transmission, storage, or presentation of any information, data or material in violation of any applicable law or regulation is prohibited. You may not use our network to directly facilitate the violation of any particular law or regulation or this AUP. The activities listed below are meant to provide you with examples of activities and content that are strictly prohibited by this AUP. Use of our network to host content related to or to engage in the following activities is strictly prohibited.
  1. Topsites;
  2. IRC scripts/bots, IRCD (irc servers), AutoSurf/PTC/PTS/PPC sites;
  3. IP scanners, Bruteforce Programs/Scripts/Applications;
  4. Mail Bombers/Spam Scripts;
  5. File Dump/Mirror Scripts (similar to rapidshare);
  6. Anonymous or Bulk SMS Gateways;
  7. Websites or links to websites advocating human violence and hate crimes;
  8. Websites promoting illegal activities. or linking to other websites that promote illegal activities;
  9. selling, or otherwise disseminating, pornography or other erotic material, regardless of its literary merit;
  10. hosting adult thumbnail galleries/banner exchanges;
  11. lottery/gambling or chain letters, regardless of content, and regardless of your citizenship;
  12. advertising, advocating or operating High-Yield Interest Programs (HYIP) , Ponzi or Pyramid schemes, prime banks programs, Bank Debentures/Bank Debenture Trading Programs, or Related Sites;
  13. fraudulent sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com).
  14. broadcasting or streaming of live sporting events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc.) or television;
  15. bitcoin miners;
  16. impersonating another user or otherwise falsifying one’s user name in email, Usenet postings, on Internet Relay Chat (IRC), or with any other Internet service;
  17. dox or posting personally identifiable information such as addresses and phone numbers of individuals with the hope of causing damage or harm to said person. This does not cover Government officials when providing contact email addresses or the representatives work phone;
  18. content that promotes or advocates human trafficking in any way shape or form as determined by Brain-Core 's sole discretion, sites that promote prostitution, or escort services;
  19. network unfriendly activity (ex: attempts to interfere with our network or network connections or which adversely affect the ability of other people or systems to use our network or the Internet);;
  20. creating, posting or sending Warez, Roms, CD-Keys, cracks, passwords, serial numbers, Internet viruses, worms or Trojan horses, engaging in denial of service attacks, or hosting content that is intended to assist others in defeating technical copyright protections;
  21. posting links to prohibited items, facilitating a violation of our Policies, or instructing others in illegal or prohibited activities; and
  22. setting up or using (via the Service) proxies, proxy scripts/anonymizers of any kind.
  If you believe that another customer is using our network in violation of these Policies, please contact us.
3. Network Stability.
  
  Our network is designed to meet the anticipated needs of our customers, users, and our needs. If we determine that your use of the Services is in breach of our Policies or impairs the stability of our equipment, technology or network, we may suspend your use of the network, throttle back the bandwidth available for your use, or terminate our agreement with you, in our sole discretion.
4. Monitoring of Communications.
  
  We have the duty and obligation to comply with law. In certain cases that means that your use of the Services will be monitored. You agree that we are not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that you have no expectation of privacy. From time-to-time we may monitor your use of the network for statistical purposes and to improve the use of our network.
5. Child Pornography.
  
  Brain-Core takes a strong zero tolerance stance on any content that is potentially harmful to minors, as determined in Brain-Core's sole discretion. This extends to child pornography or content perceived to be child pornography. Any website found to host child pornography or linking to child pornography will be suspended immediately without notice or warning.
Use of Services
1. IP Addresses.
  
  The IP addresses we assign to you are the only ones you may use in connection with the Services. Your use of the Services may be suspended if we determine that you are using other IP addresses. IP addresses are part of your use of the Services, and are owned by us and simply assigned to you while you are a customer. We may change these addresses if necessary. IP addresses may not be assigned or transferred, and will be recycled by us if you terminate your use of the Services.
2. Software.
  
  We may provide software for you to use while you are a customer. Generally speaking, this software is sublicensed to you, and may not be further sublicensed or used for purposes other than those expressly permitted in our Terms of Service or our other Policies, and in the documentation provided with the software. You will be given, or given access to, a software license. This license may further restrict your use of the software. We do not provide support for software whether you license it through us, or have licensed it independently.
Client Notification

In the event of a violation of any of our Policies, our Compliance Team will take commercially reasonable steps to notify you via email with relevant details about the alleged violation. Compliance with applicable Federal, State, and Local laws, and court orders will also be taken into account when we respond to alleged violations.
Contacting Us

We encourage you to contact us if you believe that someone has violated this AUP. To facilitate this contact, and ensure that important matters are responded to and addressed, we have designated specific channels for communicating with us. Individuals who contact us about this AUP, the behavior of our customers, or for other purposes, are required to provide us with accurate information to enable us to contact them and respond to their requests. We do not respond to anonymous correspondence, and will refer individuals who deliberately attempt to mislead us regarding their identity, or the basis for their complaints, to appropriate law enforcement officials. Nothing you send or communicate to us is confidential regardless of whether you claim that it is..

Refund & Billing Policy

Purpose

This is Brain-Core’s (“Brain-Core”, “we”, or “our”) Refund & Billing Policy. This Refund & Billing Policy discusses the ways in which we charge customers for use of the Services (as defined in the Terms of Service) and related questions about charges, refunds and billing disputes.
Automatic Renewal
1. Package Renewal.
  
  AS SET FORTH IN OUR POLICIES, ALL HOSTING PLANS AND DOMAIN NAMES ARE SET TO AUTOMATICALLY RENEW ON THEIR RENEWAL DATE AFTER THE INITIAL TERM AND ANY RENEWAL TERMS TO PREVENT ANY DISRUPTION IN THE SERVICES. YOUR NEXT RENEWAL DATE IS LOCATED ON EVERY INVOICE AS WELL AS THE SERVICES AND DOMAINS SECTIONS OF THE CLIENT PORTAL.
2. Domain Name Renewal.
  
  Domain names are set to AUTOMATICALLY RENEW ten (10) days before the expiration date to ensure no disruptions occur since URLs will immediately redirect to a landing page if a domain expires.
  1. Please note that all payment methods that allow charges to be automatically applied will be charged ten (10) days before the domain’s expiration date per the invoice. If your payment method of choice does not allow automatic payments to be applied, payment must be made manually on or before the invoice due date or the domain name may lapse.
3. Charges.
  
  The Due Date for Fees for renewed packages is the package renewal date.
4. Failure to Renew.
  
  Accounts that have invoices which are more than fourteen (14) days overdue will be suspended. If a suspended account is to be reactivated, all of the overdue invoices will need to be paid to make it current before the suspension is lifted. Accounts that have invoices more than two months overdue are considered abandoned and will be subject to termination.
Responsibility for Payment
1. You are responsible for all charges, costs, expenses and other fees (the “Fees”) associated with your use of the Services once our Services are made available to you. Your first invoice is generated at the time you purchase the Services. An invoice for any Renewal Term is generated fourteen (14) days prior to the first day of the Renewal Term (the “Due Date”) unless other arrangements have been made or a cancellation request has been submitted from the client portal. You are responsible for the fees and charges set out within the initial web portal invoice you pay on the Effective Date and any other invoice generated for a Renewal Term. New services, packages or domains that are ordered and unpaid after seven (7) days will be canceled.
2. In the event that the customer fails to pay for services given, Brain-Core may assign unpaid late balances to a collection agency for appropriate action. You agree to reimburse Brain-Core for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses, if legal action is necessary to collect payment on balances due.
3. Price Adjustments.
  
  To remain competitive, we occasionally make changes to our plans and pricing. To have your plan updated to current offerings please contact our billing team. We cannot go back and modify invoices that have already been paid but will be happy to modify your plan for new invoices.
Service Credit Eligibility
1. Customers who at the time of the report of the claimed outage are not current on their invoices for the Services do not qualify for service Credits related to any outages.
2. Customers who have not paid their invoices on time more than three times in the 12 months preceding the claimed outage are not eligible for service credits.
3. In order to deliver a secure high performance hosting environment, we utilize certain automated systems to limit malicious and resource-intensive activity. In some instances, non-malicious activity can appear to be malicious and trigger our systems, which may limit your ability to use our Services as set forth in Section 3(d)(iii) of the TOS. Such limitations may result in bandwidth throttling or suspension or termination of your account, in our sole discretion. In these situations, any interruption, suspension or change in the availability of the Services will not be considered downtime and will not be eligible for a service credit.
Charges for Account Upgrades, Downgrades and Migrations
1. License.
  
  In connection with any data migration, you hereby authorize Brain-Core to access your data for data migration purposes. Before requesting Services that may require a data migration to occur, you hereby agree to backup all of your data on both the source and the target servers, as appropriate.
2. Upgrades.
  
  When upgrading to a higher-priced hosting plan, we will migrate your account to the new Service at no charge. The data center migration fee is also waived if you choose to move to a new data center during the upgrade process. Upgrade requests are processed and effective only after payment for the package price difference is paid. If you would like to move to another data center without upgrading your account, there is a migration fee.
3. Downgrades.
  
  When downgrading to a lower-priced plan, the difference between the amount of the current package price already paid over the new package price will be placed on the billing account as a service credit. Refunds will not be issued and downgrade migration fee may be charged. Please contact the sales or billing department if considering an upgrade or downgrade to determine what options are suitable and to discuss pricing.
4. Migrations From Other Hosts.
  
  All migration-related work is included as a Service for purposes of our Policies.
  1. All complementary migrations require the user to provide cPanel account credentials for their previous hosting environment. Clients who migrate from non cPanel hosting environments may incur a charge determined by the migration team and assessed based on the complexity of the migration.
  2. If the previous host does not provide cPanel access, a migration fee may be assessed.
  3. If the previous host does not provide cPanel access or if you would like our team to migrate more than 25 (twenty five) accounts, a migration fee may be assessed.
5. Other Migration Situations.
  
  Some clients have specific migration needs, depending on our migration workload, we may be able to accommodate those needs. In these cases, you may incur a charge determined by the migration team and assessed based on the complexity of the migration and your specific needs.

Parties

This is Brain-Core’s (“Brain-Core”, “we”, or “our”) Privacy Policy. This Privacy Policy discusses the ways in which we collect, use, maintain and disclose information collected by us from our customers, visitors to our websites, and, in some cases, visitors to our customer’s websites (“Users”).
Purpose

The nature of internet business requires us to collect information from Users. While this policy is entitled a “privacy policy,” it discusses all of the ways in which we use information collected directly or indirectly from our Users, including personally-identifiable information gathered by us (“PI”) and other anonymous information (“AI”) (collectively, “Information”). Information transmitted, collected, processed or which is otherwise provided to us by Users is not necessarily considered by us to be private. Please review this Privacy Policy carefully to determine how we treat this information.
Acceptance of the Policy

You accept this Privacy Policy by using our website (located at: www.brain-core.net, referred to herein as the “Site”), placing an order for Services (as defined in the Terms of Service) with us or joining our email list.
Changes to Policy

If we make any significant changes to this Policy we will notify you by email, post a notice of such changes on the Site or flag our Privacy Policy on the Site as updated. You agree to our use of electronic communications with you for purposes of this Policy. If you do not agree to the changes to this Policy, we will continue to maintain and use PI previously collected in accordance with the Policy in force as of that date.
Information that we Collect; Use of Information.
1. Generally.
  
  We may use PI as required or permitted by law, including in response to service of legal process (court order, summons, subpoena, and the like). We may disclose PI to law enforcement or regulatory authorities as part of an investigation into activity at the Site (such as a suspected breach). We shall use commercially reasonable measures to limit disclosure and use of such PI. We may use PI in connection with the establishment or defense of legal claims. Any information sent to us will not be deemed to be confidential, and may be shared by us with any other individual or entity, regardless of whether you mark it confidential.
2. Information contained in your customer record.
  
  Users who are our customers provide us with their name, address, phone number, user name, credit/debit card or bank information and other personally identifiable or confidential information and other information we require to provide Service to them. We may also acquire information about customers from third parties such as credit reporting agencies, as well as collect information about our customers’ use of the Services. This information may be linked to the information provided to us by our customers to create an administrative record and is referred to as “Registration and Billing Information”.
3. User inquiries.
  
  Users who contact us with questions may be required to give us additional information to assist us in resolving their questions, or to assist us in our business (“User Inquiry Information”).
4. Anonymous Information.
  
  We collect AI regarding your use of the Site, such as computer-related information (browser type you used, your Internet Protocol address, last URL visited, and the date and time of day of your login). We send a “cookie” or “pixel tag” to your computer which contains an identification number that is unique to the computer you are using. You may decline to provide such information to us and/or refuse cookies in your browser, although some of our features or services may not function properly as a result, and some services may not be available. We use this information to enhance the experience of using the Site, to tailor our Site to its visitors, to understand how our Site is used, to investigate and verify proper conduct at the Site, and to monitor the security and integrity of the Site.
5. Third Party Agents – Access to and Use of PI.
  
  We may contract with third parties to assist us in our business, including hosting of the Site, hosting of data (including PI and AI), promotional services, authorization and processing of payments, fulfillment of product orders and processing of returns. Such third parties shall agree with us in writing to maintain your privacy at least with the level of protection set forth in this Privacy Policy.
6. Unrelated Third Party Links and Information.
  
  Our Site contains links to other websites or other information and materials provided by third parties (by way of example, links to third party social media websites). We do not own or control such other websites or third parties and are not responsible for the information provided at those websites or in such materials. We do not control, and are not responsible for, their privacy policies or the information collected at such third party websites.
7. Customer Inquiries.
  
  We use customer inquiry information to identify Users personally. It is used throughout our business to provide services to Users, and to market new products and services to Users. Customer inquiry information is shared with third parties in the following circumstances: to identify and fix problems with the Services when we are not capable of doing so ourselves. Providers of third party products may require us to provide them with customer inquiry information. When Customer Inquiry Information is shared with third parties in these circumstances, the third parties are required to keep this information confidential. Further, entities that provide products to us may have privacy policies that differ from ours. We will be happy to provide you with the names of those businesses that provide Services through us to you, and links to their privacy policies, on your request.
8. Information about Children.
  
  We do not knowingly collect personally identifiable information from children under the age of 13. If a parent or guardian believes that their child under the age of 13 has provided us with personally identifiable information, they should contact us.
9. Other than in response to a lawful request by public authorities, Brain-Core only shares your personal information with third parties who are acting as Brain-Core’s agents and only uses your personal information for the purposes stated herein (or other purposes stated at the time of collection). Should Brain-Core’s practices with respect to processing or use of personal information change, Brain-Core will provide you with notice (either by means of an amendment to this Privacy Policy or otherwise) and provide you with an opportunity to opt out.
Security

We have implemented technical, physical and administrative safeguards designed to protect PI against loss and against unauthorized access, use, and disclosure. Passwords are stored on our server in encrypted form. We have personal information retention processes designed to retain personal information as necessary for the purposes stated above or to otherwise meet legal requirements. Unless this Privacy Policy states otherwise, our employees are required to keep the information set out here confidential.

Please send all email correspondence to:support@brain-core.net