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RAINCITY STUDIOS - Terms of Service Agreement

- DEFINITIONS -

"Raincity Studios", "Bryght Northern Research" or other variations of "the Company" or "the Studios", "We", "Us" and "Our" refer specifically and exclusively to Raincity Studios, Inc., a registered British Columbia Corporation with primary location at 1 Alexander, Suite 420, Vancouver, BC, Canada."

"Bryght", "Bryght Light", "Bryght Light Free", "Bryght VPS", "Bryght Hosting Services", "Bryght Hosted Solutions" and other derivatives refer to the hosted web service product(s) and services provided by Raincity Studios.

"User," "End-user," or "Customer" means the person or organization who ordered Raincity Studios' Bryght hosting services and includes other users authorized on the Customer's account and employees, contractors and volunteers using the Customer's hosting services.

"Hosting services" refers to any of the Internet hosting services marketed and provided by Raincity Studios unless other meaning is expressly specified in text.

"Internet" means the collection of routers, servers, websites and service providers which constitute the public Internet beyond Raincity Studios' internal network services and hosting platform.

"Agreement" or "TOS" or "Terms of Service" means this Terms of Service document unless otherwise expressly specified.

"Content" means information such as but not limited to data, text, software, music, sound, photographs, graphics, video, messages and similar material materials

When gender specific pronouns are used, the same terms of service applies equally to the other gender or business entity - likewise uses of the plural refer equally to the singular and vice versa.

- NOTICES -

Terms of Service subject to changes
This Terms of Service may change from time to time without notifications. The Customer acknowledges that delivery of services requires acceptance of the TOS and accept the responsibility to read and familiarize themselves with any changes to this Terms of Service agreement which is posted on the Company's website at htttp://bryght.com/legal.html


E-mail is primary communication means
Raincity Studios uses e-mail as the primary means to communicate with you. E-mail is used for sending invoices, statements, service interruption notices, changes in services or policy and invitations to Raincity Studios' sponsored events. The Customer agrees to regularly check their listed e-mail address or ensure that Raincity Studios has a valid, active contact e-mail address to contact the customer. Additionally, the Customer is responsible for informing Raincity Studios of any changes in billing address or billing contact person.

-- Privacy Policy --

Pursuant to BC Personal Information Protection Act ([SBC 2003] CHAPTER 63) and Freedom of Information and Protection of Privacy Act ([RSBC 1996] CHAPTER 165), Raincity Studios posts this Privacy Policy:

To register with Bryght hosting services, we collect needed account information including: a valid e-mail address, an access username, and password, as well as Customer account information including Contact name, Business name, phone number, postal mailing address, and credit card information. For hosted Bryght accounts, Raincity Studios collects statistical information about site usage and site visitors' actions may be logged anonymously, or by authenticated username, and used for statistical purposes.

Customer account information is used strictly for business transactions with Raincity Studios. Raincity Studios will not sell, give away, or otherwise distribute your personal account information, except for requested by the Customer for required Internet registrations, and under court order pursuant to local statutes.

Your credit card information is only used for account payment as requested, or payment of past due invoices as described in this Agreement.

The Customer understands that Raincity Studios is not responsible for the distribution of any personal customer information due to Customer usage of the Internet and the Customer is aware that certain customer information may become publicly or privately accessible on the Internet, including but not limited to, domain name registrations, IP address assignment, e-mail addresses, postings to websites and/or newsgroups, or other Internet format or tools, registries, cookies, registrations and protocols.

-- Password Security --

The Customers is entirely responsible for the security and integrity of and and all account passwords assigned for Internet services. If you feel your password(s) has been compromised, you may change most passwords online using Bryght's designated support procedure and built in password change tool. The customer is responsible for changing passwords on their end-user equipment if required.

- USE OF SERVICE -

-- Preamble --

Raincity Studios aim to provide quality Internet web hosting for all Customers and allow you to use your hosting package for any legal Internet activity not disallowed in this TOS. To ensure quality service, all Customers are required to abide by the policies set forth in this Terms of Service agreement. Violations of the this TOS Agreement may result in suspension or termination of service at the sole discretion of Raincity Studios.

-- Access and Availability of Network Services --

Raincity Studios cannot guarantee access to your website from any address on the Internet. The Internet is a de-centralized system of networks and Raincity Studios is in no way responsible for ensuring the  access or performance of any Internet website or service, at any time. Parts of the Internet may be disabled, interrupted or closed without reason or notice.

No web site development services, training, or any other Internet content subscriptions, memberships, discounts, promotions or other such premiums are included or implied with any of Raincity Studios' Bryght hosting services.

-- Service Interruptions --

Raincity Studios makes best efforts to maintain a stable and robust network architecture and will attempt to notify Customers of planned maintenance network interruptions, however Bryght Hosted Solutions do not have guaranteed uptime. Service interruptions many occur at any time whether intentionally for maintenance or upgrade or unintentionally due to network error, outage, equipment failure or event. In such event, Raincity Studios will rectify the problem in an expeditious manner in normal course of business.

Bryght VPS Customers are guaranteed 99% uptime calculated over the course of a month. If downtime amounts to over 1%, then the Customer's account will be credited 3% of the total monthly charge per day of network outage provided that the Customer submits a written claim detailing outage period times and dates to Raincity Studios within 30 days of service interruption.

-- Limits of Claim --

Any claim for damages by a Customer due to service interruption, displeasure with service, inability to connect, or any other objective or subjective reason, is limited to a pro-rated payment refund for the disputed period paid within 45 days of agreement of resolution of claim.

The Customer acknowledges that they cannot claim for lost income, punitive damages, or any additional civil claims due to service interruption, loss of use, or lack of satisfaction with Raincity Studios' Bryght Hosting Solutions or Services.

-- Content --

The Customer understands and accepts that all Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that the Customer, and not Raincity Studios, is entirely responsible for all Content that uploaded, posted or otherwise transmitted via the Bryght Hosting Services. Raincity Studios does not control the Content posted on the Bryght Hosted Services and, as such, does not guarantee the accuracy, integrity or quality of such Content.

-- Special Admonitions for International --

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content.

- ACTIVITIES RESULTING IN TERMINATION OR SUSPENSION OF SERVICES -

Raincity Studios reserves the right to suspend or terminate the Customer's connection or any part of their connection at Our discretion due to inappropriate use of the Internet including the activities described in this Terms of Service Agreement.

Additionally, Raincity Studios does not allow use of Network Services for publication and dissemination of such content or content subject to censure under the Digital Milleneum Copyright Act found at www.loc.gov/copyright/legislation/dmca.pdf. Raincity Studios will disable or filter Customer's content pursuant to the DCMA where applicable when served with proper notice through DMCA Registered Agent. Likewise, publication of Content forbidden in the Customer's jurisdiction may be disabled or filtered by Raincity Studios without advance notification to the Customers and may result in termination of Services.

-- Other Network systems abuse --

Customers may not commit or be party to any attack against Raincity Studios's network, systems and/or services or any other networks, systems and/or services on the Internet whether or not such attack causes deliberate interruption. Such activities include but are not limited to:

  * "mail bombing" or mass mailings - sending large numbers of messages or sending extremely large messages, with or without the intention of disrupting the normal use/operation of the Company's, Internet or recipient's e-mail account or service;

  * "hacking" - attempting to gain unauthorized access to Our networks, systems, and/or services, or other networks, systems, and/or services, to which you are not authorized for such access;

  * "flooding" - sending excess traffic over Raincity Studios's networks, systems, and/or services, or other networks, systems, and/or services and in doing so, intentionally or unintentionally disrupting Raincity Studios or other Internet or Customer's networks, systems, and/or services;

The determination of what constitutes a Denial of Service attack shall remain wholly within the discretion of Raincity Studios. Additionally Raincity Studios reserves the right to charge the offending customer $350/hr for repairing problems and restoring service due to customer's activities as described in the this Agreement.

-- Limits of Support --

Raincity Studios does not provide technical support for web development, site maintenance, LAN configuration to enable end-user access to Customer's sites or any other services beyond ensuring proper access configuration to Customer's site.

-- DNS entries --

Raincity Studios will announce DNS entries in accordance to your Raincity Studios package, however this service is not to be confused with domain name registration. DNS entry requests must be made established support channels detailed at; http://support.bryght.com.

-- Software licenses --

Raincity Studios does not provide software licenses for user applications. Users are responsible for all software licenses, fees, membership for using Internet services in conjunction with Bryght Hosted Services.

-- Restricted Activities --

Raincity Studios does not censor the Content you publish to Internet, however Hosting Services activity is limited with the following restrictions:

  * Re-selling of services - No reselling of any service including wireless access, web hosting, subscriptions, usage agreements unless your Raincity Studios account allows such activity by specific contract.

  * Excessive traffic - No high volume sites serving exclusively adult content, commercial or non-commercial software or licensed or unlicensed media downloads. Raincity Studios reserves sole discretion to determine when usage is excessive and will notify Customer to upgrade package or suspend services if deemed necessary.

  * Secure transactions - No secure transactions and other such e-commerce sites may be hosted on personal web servers unless Raincity Studios package permits such activity. No claim may be brought by the Customer to Raincity Studios for lost income or other damages due to network service interruption.

  * Non-Protected speech - Harassment, slander, libel, "hate speech", defamation, unlawful, harmful,  threatening, abusive,  tortuous, , hateful, or racially, ethnically or otherwise objectionable Content are not considered protected speech and Raincity Studios does not allow use of hosting services for publication and dissemination of such content.

  * Where pursuant, Raincity Studios does not authorize publication of content subject to censure under the USA Digital Millenium Copyright Act found at http://www.loc.gov/copyright/legislation/dmca.pdf. 

  * Other reasons - Raincity Studios reserves the right to temporarily or permanently suspend or terminate accounts which cause an excessive disturbance, complication or disruption in Raincity Studios's ability to provide hosting services.

-- Bryght Light Free --

Customers using the "Bryght  Light Free" Bryght Hosting Package understand and accept that the unlimited free shared hosted services requires publication of ads by Raincity Studios which will appar on the Customer's Bryght Hosted Site. Raincity Studios reserves the right to choose, add, remove, and modify ads and advertisement campaign on Customer's website. Overriding, displacing, modifying, altering or hiding the display or behaviour of these ads in any way will automatically result in the termination of Service.

Futhermore, Raincity Studios will be the sole beneficiary of the revenue generates by these ads and advertisement campaign.

- BILLING AND PAYMENT FOR SERVICES -

-- Billing --

Raincity Studios will invoice the Customer for hosting services starting from the day on which hosting services from Raincity Studios commencement days minus 30 days for Bryght Light trial period.

Invoices and Statements are sent by e-mail to the address specified as the billing contact address on the Customer's contact information form provided by the Customer.

-- Payment --

Invoices are sent 10 days before the start of the service term and allow 30 days for payment. After 30 days of past due payment, Raincity Studios will charge the Customer credit card on file for the past due amount only and send an e-mail statement reflecting charges.

Invoices may be paid in the following ways:

  1) On-line by credit/debit card at the Raincity Studios Secure Online Billing Center {url for online payment} The Customer may pay on a case by case basis or may select the option for the credit card to be charged automatically each pay period.

  2) Check or Money Order written to Raincity Studios, and mailed to: 420 - 1 Alexander Street, Vancouver, BC, V6A 1B2, Canada

  3) Cash payable at Raincity Studios offices - Customer must first call 604-685-1636 to make a payment in-person.

-- Chargebacks/ Disputed Charges --

Raincity Studios strives for accuracy and efficiency when billing for services, however from time to time in the normal course of business, errors, omissions or other inaccuracies may occur. Raincity Studios liability is limited to crediting the Customer's account a pro-rated amount for the disputed charge - the Customer shall have no additional claim for losses, fees, hardship or other damages.

-- Dispute Resolution Policy --

In the event of a disputed charge or concern, question, or other related billing issue, the Customer can contact Raincity Studios billing support department stating disputed charge and reasons for dispute and await Raincity Studios's reply to resolve the situation within 10 business days.

If the Customer does not follow the dispute resolution steps stated and initiates a "chargeback" to recoup payment through a credit card company, Raincity Studios will bill the Customer for all fees and penalties plus additional fees as needed to compensate for losses incurred by Raincity Studios as a result of the credit card chargeback.

-- Technical Support and Problem Resolution --

Raincity Studios provides technical support to ensure customers are able to access their hosting services. Raincity Studios is not responsible for the Customer's configuration beyond supplying standard settings and necessary information to access Customers' site.

Prioritized support phone numbers and e-mail address are available on the Raincity Studios website, http://support.bryght.com/ along other methods of receiving support or check network status online or offline. The primary support e-mail is support@raincitystudios.com and phone number 604-685-1636.

In the event that the Customer cannot access hosting services for technical reasons, Raincity Studios's liability is limited to crediting the Customer's account pro-rated amount for the period of non-connection whether the technical reason was fault of Customer, Raincity Studios or unknown.

- SEVERABILITY -

This Agreement is entered into voluntarily by both Raincity Studios and the Customer. This Agreement does not include or imply any contractual term or time limit and may be severed by either party with written (e-mail or postal mail) cancellation notice. Such notice will include last day of service and arrangements to balance account charges. Raincity Studios retains the right to charge the Customer's credit card for remaining charges due at time of account cancellation.

-- Scope and Governance --

This Agreement applies to all Raincity Studios Customers, including Customers of downstream providers and resellers as applicable.

Raincity Studios reserves the right to modify this Agreement without prior notice, and at any time. Raincity Studios may attempt to notify customers if this Agreement changes; however, all policies remain applicable regardless of whether any such notification is provided.

Use of Raincity Studios's networks and/or services constitutes unconditional agreement to the terms of this Agreement, and by such use you agree to indemnify and hold harmless Raincity Studios from any and all costs or damages you may incur consequent to Raincity Studios's enforcement - or lack thereof - of this Agreement.

Raincity Studios reserves the right to refuse access and/or service to anyone, at any time, for any reason.

This Agreement is entered into in the Province of British Columbia. If this Agreement is in conflict with any locally-applicable law or statue, the implied meaning will be assumed and no penalty or recourse shall be incurred by either the Customer or Raincity Studios as a result.
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