Brightery Privacy and policy
When other information is collected from you, such as your name and e-mail address, we generally let you know at the time of collection how we will use the personal information. Usually, we use the personal information you provide only to respond to your inquiry or to process your request.
We may share the personal information you provide with other companies we have hired to provide services for us. These companies - our vendors - are contractually bound to use personal information we share with them only to perform the services we have hired them to provide. We do not share, sell, or lease personal information about you to any third-parties for their marketing use. We will release information about you if you direct us to do so, if we are required by law to do so, or in other legally limited circumstances (for example, to protect your account from fraud).
Links to Other Sites
Brightery's website may contain links to other sites for the purposes of providing helpful information to the customer. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content, security, or privacy practices employed by other sites.
Security of Collected Information
We maintain strict physical, electronic, and administrative safeguards to protect your personal information from unauthorized or inappropriate access. We restrict access to information about you to those workers who need to know the information to respond to your inquiry or request. Workers who misuse personal information are subject to disciplinary action.
Access to Collected Information
You may review and update the information that you provide to us through this website by contacting us as described below.
Changes to this Policy
Abuse of Services Offered / Right To Refuse Service
You may not use the services of Brightery to post, publish or transmit any unlawful or objectionable information of any kind, including threats, obscenity or pornography, profanity, or, including without limitation, any activity that would constitute or encourage any criminal offense, civil liability, or violate any local, state, national or international law. You may not post or transmit viruses or any other harmful components or inhibit or restrict anyone else from using the Internet.
You may not transmit, reproduce, or in any way exploit any information, software, or other material obtained through Brightery for commercial purposes (other than as expressly permitted by the provider of such information, software or other material). Brightery assumes no obligation to monitor the service. However, you agree that Brightery has the right to monitor the service and disclose any information necessary to satisfy any law, or legal government request, and to operate properly, or to protect itself or its users. Brightery reserves the right to refuse service without notice or to remove any information at its sole discretion.
Brightery will not tolerate abusive customers and expects all customers to respect the Terms and Conditions as set forth on the Brightery website and the client's contract. Customers who verbally abuse employees of Brightery or do not follow our guidelines set forth for completing projects and or communicating support requests will have services terminated immediately and without refund. Brightery does not tolerate abusive, offensive, dangerous, language or behavior. Abusive communications in any form (email, phone, in person, etc.) are not tolerated.
Legal Matters: If at any time a client or Brightery feels necessary to take matters or disputes to the legal system, Brightery will immediately freeze all services, communications, and transactions with the client until the case has been decided. Sagentic is not responsible for any presumed lost profits, work stoppages, or email communications during this time. This also applies if a client threatens or implies that they will take matters or disputes to the legal system. Brightery will not work for a client under threat of a lawsuit or other legal action.
Payment, Fees, & Refunds Policy
Full payment is required before any service is rendered, which includes renewals. For monthly accounts, prepayment is due each 30 days following the date the account was established. Billing will continue until you cancel your hosting account. You may cancel at anytime. Invoices are usually sent by e-mail automatically by our online billing system, unless another billing method is requested by you and agreed upon by both parties.
If payment is more than 15 days past due, a $30.00 late charge will apply. Sagentic reserves the right to remove any web services from viewing on the Internet, to include email access, if payments are not made. If web services are suspended, a $100.00 re-activation fee will be applied to any outstanding balance before services are restored. In case collection proves necessary, the Client agrees to pay all fees (including all attorney's fees and court costs) incurred by that process.
As a policy, we do not offer credits or refunds for hosting time already expended or for work that has already been performed. Third party software purchased and/or installed on the clients account is non-refundable and without warranty by Brightery. Any work or service that is performed under a Work-Made-For-Hire agreement is non-refundable. Payments made to sub-contractors for required programming and/or special elements requested by the client are non-refundable.
If cancellation is done by Brightery due to restrictions violation, there will be no refund. Brightery will only allow for refunded amounts if cancellation is not the fault of the client, as determined by Brightery. All monetary transactions are in $US dollars. Additional features can be added at any time. Monthly feature prices are not prorated. Brightery reserves the right to change prices at any time.
You may cancel at anytime. To cancel your account, please submit a request to us using our "Contact Us" form or call us at (817) 760-0098. We may send you an email to confirm that you wish to cancel.
You agree to use all Brightery services and facilities at your own risk. Brightery specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Brightery be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages.
Customer agrees that it shall defend, indemnify, save and hold Brightery harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Brightery, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns.
Customer agrees to defend, indemnify and hold harmless Brightery against liabilities arising out of:
- Any injury to person or property caused by any products sold or otherwise distributed in connection with Brightery's server;
- Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party
For more info about spamming, visit http://www.abuse.net
Brightery takes a no tolerance approach when dealing with spam and other types of UCE (unsolicited commercial e-mail).
Brightery defines spam as any type of unsolicited email used for any purpose. This includes, but is not limited to:
A. Using a non-existent return email address when sending commercial solicitations.
B. Mail-bombing (sending numerous messages to the same user).
C. Subscribing someone else to a mailing list without that person's permission.
D. Posting the same article to multiple newsgroups.
E. Using another network to send spam that relates in any way to Brightery or any site hosted by Brightery (including your site).
F. Sending bulk e-mail without providing a way for the receiver to unsubscribe.
If you wish to have a mailing list then you must make sure that it is a Double Opt-in format. This means that when someone subscribes to your list by giving you their email address, you will need to send them an email that tells them that you have received a request to have them subscribed to your list. This email should not be an advertisement or it could be considered spam. It should just state that you have received a request to subscribe them to your list. You will also need to tell them in the email that if they want to be subscribed that they will need to reply to that email with "subscribe" in the subject. If they delete the email or just do not reply with "subscribe" in the subject, they will not be subscribed to the list and they will not receive any further emails. If you have any questions about this Double Opt-in format, please contact [email protected].
If a client is found in violation of the above no-spam policy, the offending account may be terminated without notice and no refund will be issued. There may also be a fee (payable in U.S. funds) charged to the client for each complaint received by Brightery.
To report spam, please email [email protected].
Adult Content Policy
No Adult Content Policy...
Because the Internet is a global communication tool, and we have clients from many countries of the world it is difficult to dictate what is considered "adult material". However, it is not our function to discriminate against those who choose to utilize adult content or adult related material. This being said, there are still several reasons why Brightery has been forced to create its no adult sites policy for its virtual server users.
What does Brightery consider as "Adult Material?"
- Any site whose revenue is gained in part or whole from its adult content.
- Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes.
- Revenue-generating hyperlinks to sites who meet the criteria of #1 or #2.
What does Brightery NOT consider as "Adult Material?"
- Any site whose revenue is NOT gained in part or whole from its adult content.
- Photos or videos showing frontal nudity on either men or women for scientific or artistic purposes.
- Lingerie or intimate clothing businesses including those that sell adult novelties or videos.
In all cases, Brightery will be the sole arbiter in determining what is a violation of this policy.
Traffic (Bandwidth) Use Policy
Brightery allows for very generous traffic, and most sites never exceed 500MB per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. Brightery customers are discouraged from storing any files that cause excessive traffic on Brightery servers. Please contact Brightery Technical Support team for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits.
We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.
Any deliberate attempt to cause damage to Brightery or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.
Servers owned by Brightery are under restricted access. We maintain strict physical, electronic, and administrative safeguards to protect your personal information from unauthorized or inappropriate access. Third Party entities or persons are not allowed to access our servers without express written permission from Brightery. If a client gives access to a third party entity or person to their account without this authorization, the services for that client will be terminated immediately and without refund.
There may also be a fee (payable in U.S. funds) charged to the client for damages to files, programs, or other server functions. In addition, attempts to circumvent security, reverse engineer our programs, or access areas of the server that you have not been authorized to with written permission from Sagentic will result in immediate termination without refund.
Data Protection Officer (DPO)
150 Main St,
El Segundo, CA 90245
+1 (424) 900-5230