Terms Of Service

Policies:

Breton Humors provides web hosting to many clients, and we have a
responsibility to protect each client and to provide the best services
available. The following guidelines were established to ensure these
obligations are met. All Breton Humors clients must agree to these
terms before account activation.

Terms of Service Agreement:

Guarantees

Breton Humors offers a 0 day guarantee on all hosting accounts. If
any account holder is not completely satisfied with the hosting
service, within 0 days of account activation, the account holder will
receive no refund.

Reselling

Clients of Breton Humors may not resell their space nor use their
site to redirect, promote, or otherwise direct traffic to hosting
service elsewhere.

Pointers, Forwarders, Stealth URL's (Free hosting accounts only)

The use of pointers, forwarders, stealth scripts, or any other means of
any kind, to mask the subdomain are prohibited for free hosting
accounts. We respect the privacy of our members and do not advertise on
their websites. In return, we ask that you respect our service and use
the domain name Breton Humors provides, to direct traffic to your
site. Any account found violating this rule will be canceled.

Storage and Backup (ALL accounts)

Breton Humors offers hosting services for a varity of sites. Using
our servers as a storage area for your files or as a backup service for
your site that is hosted elsewhere is prohibited. Any site found to be
used as a backup or storage area will be terminated without warning.

Excessive Bandwidth Use:

Any account that exceeds its specified bandwidth allowance agrees to
pay for that overage. An account holder may choose to either:

(1) pay €5.00 per gigabyte of overage or

(2) upgrade to an account with bandwidth allowances equal or greater
than the amount of data that was transferred by the account holder's
site for the specified month.

If option 2 is chosen, the account holder agrees to pay the difference
between the two accounts for the specified month.

Acceptable Use Policy:

Content:

All services provided by Breton Humors may be used for lawful
purposes only. Transmission, storage, or presentation of any
information, data or material in violation of any law is prohibited.
This includes, but is not limited to: copyrighted material, material
that is threatening or obscene, material that is "adult only" content,
or material protected by trade secrets and other statue. The subscriber
agrees to indemnify and hold harmless Breton Humors from any claims
resulting from the use of the service which damages the subscriber or
any other party.
Software downloads may only be hosted if you are the writer and
copyright owner of the software, all other software including freeware,
shareware and trial software is forbidden. Audio and video downloads
may only be hosted if you are the creator and copyright owner of the
work. Also anime content is forbidden.
 

Illegal Material:

Breton Humors does not allow any Illegal material on any of our
servers. Offending accounts will be deactivated the moment we learn of
any illegal material residing on our servers.

Adult Material:

Breton Humors does not allow adult material on any of our servers.
Offending accounts will be terminated immediately, without notice or
refund. Breton Humors will cooperate fully with any criminal
investigation into a user's violation of the Child Protection Act of
1984 concerning child pornography (USA).

What does Breton Humors consider "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 violate policy #1.

Breton Humors has established this policy to protect the best
interest in our customers and servers. A virtual server is a shared
environment where many servers reside on each particular machine. This
being said, consider that an average "adult site" gets more hits than
100 standard web sites. With these types of resources being utilized,
our servers would be severely slowed if we allowed these high traffic
sites to also reside on our servers. On top of that, we would be forced
to raise our prices to pay for the additional bandwidth. We strive to
keep our servers fast and inexpensive, and our bandwidth clear;
therefore, adult sites are not an option.

Breton Humors reserves the right to decide what it considers "adult
content", "adult material", "sexually explicit", or "sexually related".
Let us know if you are unsure of the approval of your site before
placing an order.

Defamatory or Abusive Language:

Using Breton Humors's network as a means to transmit or post
defamatory, harassing, abusive, or threatening language will result in
immediate account termination. All Breton Humors representatives will
maintain a friendly, helpful and professional attitude towards all
Breton Humors customers. It is required that all customers do the
same towards Breton Humors representatives. Any harassing, abusive,
or threatening language toward any Breton Humors representative or
customer will result in immediate and permanent account termination.

Spam (Unsolicited Bulk Email):

Spamming, (the sending of unsolicited bulk email) is a serious offence,
and is strictly prohibited on any of Breton Humors's servers or
network. Any person caught spamming using Breton Humors's servers, or
promoting any web site hosted on Breton Humors's servers will have
their account terminated immediately and will be charged €500 for every
complaint filed.

Server Abuse:

Any attempt to undermine of cause harm to any of Breton Humors's
servers is prohibited. Anyone caught abusing a server in this way will
have their account terminated.

Illegal or Unauthorized Access to Other Computers or Networks:

Accessing illegally, or without authorization, computers, accounts, or
networks belonging to another party, or attempting to penetrate
security measures of another individual's system (often known
as "hacking"). Also, any activity that might be used as a precursor to
an attempted system penetration (i.e. port scan, stealth scan, or other
information gathering activity).

Background Running Processes:

Background Daemons in general are prohibited on Breton Humors
servers, including, but not limited to, IRC servers, IRC bots, eggdrop,
BitchX, XiRCON, warez sites and any other program that interferes with
normal server operation.

Distribution of Internet Viruses, Worms, Trojan Horses, or Other
Destructive Activities

Distributing information regarding the creation of and sending Internet
viruses, worms, trojan horses, pinging, flooding, mail bombing, or
denial of service attacks is strictly prohibited. Also, activities that
disrupt the use of or interfere with the ability of others to
effectively use the network or any connected network, system, service,
or equipment is prohibited.

Intellectual Property Violations

Engaging in any activity that infringes or misappropriates the
intellectual property rights of others, including copyrights,
trademarks, service marks, trade secrets, software piracy, and patents
held by individuals, corporations, or other entities is strictly
prohibited. Also, engaging in activity that violates privacy,
publicity, or other personal rights of others is prohibited.
Breton Humors is required by law to remove or block access to
customer content upon receipt of a proper notice of copyright
infringement. It is also Breton Humors's policy to terminate the
privileges of customers who commit repeat violations of copyright laws.

CGI Abuse:

Breton Humors allows CGI to be used on all Virtual Servers. CGI can
be resource intensive however, and because a Virtual Server must be
shared with other users, we must limit how much of the CPU can be used
by any one account on a shared server.

What does Breton Humors consider "CGI ABUSE"?

Any site whose CGI programs are using excessive amounts of system
resources. Excessive amounts is defined as any amount that results in
substantial degradation of server performance. Breton Humors is the
sole determinant of what constitutes degraded server performance.

Due to their use of flat files instead of databases, Breton Humors
does not allow the use of UBB or YABB bulletin boards. Use of these
boards for large or very active forums results in system performance
degradation and cannot be allowed in our shared server environment.
Breton Humors suggests using VBulletin, Invision (free) or phpBB
(free) as a more efficient, database-driven alternative to these
bulletin boards.

All accounts that are found to using excessive amounts of system
resources will receive an email warning from Breton Humors. This
warning will inform you that there is too much CGI running and it will
provide options for reducing the usage or upgrading to a dedicated
server. If your CGI scripts are causing major interruption of service
to other Breton Humors clients or servers, your CGI scripts will be
immediately disabled and you will be notified by email.

Other Illegal Activities:

Engaging in activities that are determined to be illegal, including
advertising, transmitting, or otherwise making available ponzi schemes,
pyramid schemes, fraudulently charging credit cards, and pirated
software is strictly prohibited.

Other Activities:

Engaging in activities, whether lawful or unlawful, that
Breton Humors determines to be harmful to its clients, operations,
reputation, goodwill, or customer relations is strictly prohibited.

Termination:

Violators of this Terms of Service Agreement and Acceptable Use Policy
will be immediately terminated. All files, emails, databases and
backups belonging to the customer will be deleted. Violators of this
Terms of Service Agreement and Acceptable Use Policy will not accept their return.

Breton Humors reserves the right to terminate any account at any
time. If Breton Humors decides to terminate a customer's account, a
pro-rated refund will be given to the customer for all services paid
for that were not provided.

There is a €100 fee to reinstate an account that has been terminated.

Privacy:

Breton Humors also is concerned with the privacy of on-line
communications and web sites. In general, the Internet is neither more
nor less secure than other means of communication, including mail,
facsimile, and voice telephone service, all of which can be intercepted
and otherwise compromised. As a matter of prudence, however,
Breton Humors urges its clients to assume that all of their on-line
communications are insecure. Breton Humors cannot take any
responsibility for the security of information transmitted over
Breton Humors's facilities.

Breton Humors will not intentionally monitor private electronic mail
messages sent or received by its clients unless required to do so by
law, governmental authority, or when public safety is at stake.
Breton Humors may, however, monitor its service electronically to
determine that its facilities are operating satisfactorily. Also,
Breton Humors may disclose information, including but not limited to,
information concerning a client, a transmission made using our network,
or a web site, in order to comply with a court order, subpoena,
summons, discovery request, warrant, statute, regulation, or
governmental request. Breton Humors assumes no obligation to inform
the client that client information has been provided and in some cases
may be prohibited by law from giving such notice. Finally,
Breton Humors may disclose client information or information
transmitted over its network where necessary to protect Breton Humors
and others from harm, or where such disclosure is necessary to the
proper operation of the system.

LIMITATION OF LIABILITY:

Breton Humors.com shall not be responsible for any claimed damages,
including incidental and consequential damages, which may arise from
Breton Humors.com servers going off-line or being unavailable for any
reason whatsoever. Furthermore, Breton Humors.com shall not be
responsible for any claimed damages, including incidental or
consequential damages, resulting from the corruption or deletion of any
web site from one of Breton Humors.com servers. All damages shall be
limited to the immediate termination of service.

DISCLAIMER:

Breton Humors. cannot be held liable for system downtime, crashes,
or data loss. We cannot be held liable for any predicted estimate of
profits in which a client would have gained if their site was
functioning. Certain services provided by Breton Humors. are
resold. Thus, certain equipment, routing, software, and programming
used by Breton Humors may not be directly owned or written by
Breton Humors. Moreover, Breton Humors. holds no
responsibility for the use of our clients accounts. If any terms or
conditions are failed to be followed, the account in question will be
automatically deactivated. We reserve the right to remove any account
without advanced notice for any reason without restitution as
Breton Humors sees fit.

Breton Humors reserves the right to change, edit, or update the
policies contained in this document at any time for any reason without
notice.