Terms of Service Agreement (TOS)

This page contains our full Terms of Service Agreement, covering all of our Fee-Based and Subscription Services.

You may wish to print or bookmark this page for reference.

   This Agreement sets forth the terms and conditions for your use of Brandywine IT Services’ suite of website and Hosting Services available to Subscribers. Your use of these sites and services constitutes your agreement to these terms and conditions. This Agreement (the "Agreement") is between you and Brandywine IT Services (“BITS”), and pertaining to www.BrandywineITS.com and any of BITS’ related websites and services.

1. Your Rights

(a)    BITS grants you a non-exclusive, non-transferable, limited right to access, use and display the Brandywine IT Services suite of websites (collectively, the "Site") and the materials provided hereon, provided that you comply fully with this Agreement. The contents of the Site are only for your personal, non-commercial use.

2. On-Site, Remote Desktop, Telephone, and/or Consulting Support Service Charges

(a)    Time: All Support Services are billed under a "Time and Materials" (T&M) basis. Time will be billed at the rate specified in the estimate or quote on a  per hour basis, rounded to the nearest whole hour.

(b)   Materials: All materials will be billed at the estimated or quoted rate as indicated to the Customer prior to commencement of work or purchase of materials. Failure to receive or retain the  "Quote or Estimate" in no way relieves the Customer of payment of goods or services as supplied and/or received.

3. Promotional Services:

(a)   Upon request from the Customer, BITS will register Customer's Web Site with several World Wide Web Search Engines. The Customer may also be registered with other search engines and Internet yellow pages as deemed necessary by BITS.  

4. Fee-Base Service Charges

(a)    Certain features and services of this site are available only through the purchase of a subscription ("Fee-Based Services").

                                                              i.      The Customer agrees to pay the monthly, quarterly, bi-annual or annual subscription charges set forth on the Site, and chosen by the user during initial subscription. All applicable taxes, and other charges are included in the posted price and will be charged to your account in order to access Fee-Based Services. BITS reserves the right to increase fees, surcharges, and site and services subscription fees, or to institute new fees at any time, upon reasonable notice posted in advance on this Site. BITS' third-party subscription payment services will automatically charge your account for renewal of your subscription, at the customer-selected periodicity, until you cancel. Cancellation is your responsibility.

(b)   The Customer shall use our Fee-based Services in a manner which does not interfere with, disturb, or disrupt other network users, services, or equipment, or promote or provide any illegal, immoral or otherwise offensive displays, as deemed inappropriate by the sole discretion of BITS.

                                                              i.      Inappropriate, disturbing or disruptive actions include, but not limited to:

1.      Wide-scale distribution of messages to include inappropriate mailing lists, newsgroups, or their public or private forums, as deemed solely at the discretion of BITS.

2.      Propagation of computer worms or viruses, and/or use of our network to make unauthorized entry to other computational, information, or communications devices or resources. This includes unauthorized security probing activities or other attempts to evaluate the security integrity of a network or host system without expressed permission.

(c)    Subscription Cancellation

                                                              i.      TeamSpeak Server Subscription Cancellation: If you purchase a Subscription to access a TeamSpeak Services and cancel at any time during that subscription, your service will continue until the end of the current payment period. TeamSpeak Subscriptions are paid in advance of service provision and no payments will be refunded at any time.

                                                            ii.      Website/E-Mail/Data Hosting Subscription Cancellation: All Basic Hosting Subscriptions comes with a 30-day, no risk trial period when purchased via PayPal. You can cancel during this time, and be charged nothing. After that period, your subscription fee is non-refundable. Note: this does not apply to subscriptions purchased via postal mail or means other than PayPal.

(d)   Customer Information

                                                              i.      For purposes of identification and subscription tracking, you agree to provide BITS with accurate, complete, and updated information as required by the site subscription registration forms. All Fee-Based Services require registration information ("Registration Data"), including your name, e-mail address, address, state of residence (for tax purposes) and applicable payment data (e.g., transaction information through any third-party payment processor, such as PayPal, is not stored locally and is only controlled by the third party payment processing provider).

(e)    Zero Tolerance Spam Policy

                                                              i.      BITS is unwilling to accept email spam because it wastes our time and consumes the limited resources of our computing equipment in terms of processing, storage and network traffic (which we of course have to pay for). Therefore, we reserve the right to take action against any company, group, or individual who chooses to abuse our resources for commercial purposes. Specifically, this refers to any entity who sends unsolicited commercial materials through our systems, or in any way causes unsolicited commercial materials to be passed into or stored on our systems; misappropriates, rents or sells contact information contained within the Site, including (but not limited to) email addresses, for commercial purposes.

                                                            ii.      We reserve the right to take action as necessary to protect our systems and keep the costs of maintaining these systems to a minimum. "Our systems" refers to any network or computing equipment used in the production, maintenance, storage or publication of the Site in whole or in part, including the computer systems of Webmasters, guest writers and affiliates who produce content displayed on the Site.

                                                          iii.      Individuals who abuse our services, whether a customer or not, will be pursued for compensation under the laws pursuant to theft of service. We also reserve the right, at our discretion, to notify connectivity and hosting providers of such abuses in order to suspend or disconnect service of the offending party.

                                                          iv.      Offenders will be tracked down using any available information as well as proprietary spam-tracking and security tools. For the time and other expenses incurred in dealing with such offenders, the industry-standard fee of US $500.00 will be charged in addition to any compensation provided under the laws pursuant to theft of service. Any entity refusing to pay the fees they have incurred will be turned over to collection or law enforcement, as appropriate.

5. No-Commercialization Policy

(a)    You agree to use the Site and Fee-Based Services only in a non-commercial manner and in compliance with BITS' No-Commercialization Policy.

(b)   The Customer agrees not to re-sell any of our Fee-base Services, and that the customer is solely responsible for all activities and actions of the users accessing, or permitted to use, their Fee-Based Service.

(c)    Additionally, you specifically agree not to post, transmit, sub-lease, or otherwise re-distribute any Fee-Based Service, or transmit in any form, documentation containing any solicitation of funds, advertising, or solicitation for goods or services, except as may be explicitly permitted by BITS.

6. Copyright and Trademarks

(a)    All materials on the Site, including without limitation text, images, software, audio and video clips, databases, and Fee-Based Services (collectively, the "Content") are owned or controlled by BITS, which retains all right, title, and interest in and to the Content. The Site and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws. You may not display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Site or any portion thereof for any public or commercial use without the prior written permission of BITS. Any material, information and graphics not owned by BITS are the property of the respective owners).

7. Public Communications

(a)    You acknowledge and agree that any public Communications made to or by means of any portion of the Site are public. You acknowledge that you have no expectation of privacy in any public Communication and that no confidential, fiduciary, contractually implied or other relationship is created between you and BITS by reason of your transmitting a public Communication to any area of the Site. 

8. Privacy Policy

(a)    The terms and conditions of BITS' privacy policy are set out in the section labeled "Privacy Policy" on the site and (as they may be changed by BITS in its sole discretion) are incorporated herein and included in this agreement. BITS will not divulge your details to a third party for commercial advertising reasons.

(b)   The Customer hereby grants BITS and its Affiliates the necessary rights and licenses with respect to their Fee-Based Service to carry out obligations under this Agreement, and make a reasonable number of archival or back-up copies of their copyrighted and service related information as deemed necessary by BITS.

(c)    To the extent the Customer gathers any personal information about visitors to their Fee-Based services, the Customer will not share, in any format, that personal information with any third party without first obtaining BITS’ and the visitors written consent.

9. Links to Other Sites

(a)    The Site contains links and pointers to other sites on the Internet which may be maintained by third parties. Such links do not constitute an endorsement by BITS or its Affiliates of any third-party site or any materials contained therein. BITS and its Affiliates do not control, and are not responsible for, the availability, accuracy, privacy policy, or currency of such third-party sites or any information, content, products or services accessible from such third-party sites.

10. Ability to comply

(a)    You represent and warrant to BITS that you are of right and ability to enter into this Agreement and to use the Site in accordance with this Agreement. Falsifying or otherwise representing false information will be construed as deceptive, and is grounds for service termination, at BITS’ sole discretion.

11. Financial responsibility

(a)    You agree not to assign, transfer or sublicense your rights as a subscriber to any Fee-Based Services provide by BITS. You agree to be financially responsible for all usage or activity on your Fee-Based Services account, and any and all actions of those parties using your Fee-based services provided by BITS.

12. Indemnification

(a)    You hereby agree to indemnify, defend and hold harmless BITS and its Affiliates from and against any and all liability and costs incurred by BITS or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein.

13. DISCLAIMER OF WARRANTY

(a)    EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, FEE-BASED SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BITS AND ITS AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY BITS. BITS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE FEE-BASED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR FEE-BASED SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING FORUMS OR THE SERVERS) ON WHICH THE SITE AND FEE-BASED SERVICES OPERATE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

14. LIMITATION OF LIABILITY

(a)    USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE. UNDER NO CIRCUMSTANCES SHALL Ares OR THE AFFILIATES, OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR Ares OR THE AFFILIATES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR FEE-BASED SERVICES, EVEN IF Ares, THE AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF BITS AND THE AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE FEE-BASED SERVICES. YOU HEREBY RELEASE Ares AND THE AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

15. Termination

(a)    In addition to any other rights of the parties set forth herein, either you or BITS may cancel or terminate this Agreement at any time in accordance with the Section 2.a. BITS also reserves the right to restrict, suspend or terminate your access to any Fee-Based Services in whole or in part, without notice, with respect to any breach or threatened breach by you of any portion of this Agreement, or for any behavior covered in the Agreement. If BITS terminates this Agreement based on a breach of any portion of this Agreement, BITS reserves the right to refuse to provide a subscription or any Fee-Based Services to you in the future.

16. Modifications

(a)   To the Agreement

                                                              i.      BITS has the right to modify this Agreement and any policies affecting the Site at any time, at BITS’ sole discretion. Any modification is effective immediately upon posting to the Site. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modifications).

(b)   To the Site

                                                              i.      BITS has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site, including without limitation the Fee-Based Services. BITS may also impose limits on certain features and services or restrict your access to parts or all of the BITS Sites without notice or liability.

17. General

(a)    This Agreement does not create any agency, employment, partnership, joint venture, franchise, or other similar or special relationship between you and BITS. Neither party will have the right or authority to assume or create any obligations or to make any representations, warranties or commitments on behalf of the other party or its affiliates, whether express or implied.

(b)   This Agreement constitutes the entire agreement between you and BITS with respect to the Site and the Fee-Based Services and supersedes all prior agreements between you and BITS. Failure by BITS to enforce any provision of this agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this agreement shall be governed by the laws of the state of Pennsylvania. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.

Phone: 484-639-2399

Fax: 661-554-5775