Terms of Service

Effective Date: 01 January 2023

BriskServers agrees to tailor services to the Subscriber, subject to the following ("Terms of Service"). BriskServers, the company hereafter referred to as, ("BriskServers "), ("Us"), ("We") and The Client, ("Customer"), ("Client") and ("You"). Use of BriskServers Service constitutes acceptance and agreement to AUP ("Acceptable Use Policy") and ToS ("Terms of Service"). All provisions of this contract are subject to change at the discretion of BriskServers. The subscriber must understand that any changes to the ToS by BriskServers shall not be grounds for early contract termination or non-payment.

1. Payment Policy

Refunds/Reoccurring/Paypal Refund Fee

BriskServers is dedicated to your satisfaction with our servers. We are happy to work with you to resolve any problems you may encounter. In the case that we cannot resolve your concern, we offer a 5-day refund period on dedicated, managed, and unmanaged KVM instances as well as game servers. We offer a 7-day refund period on all web hosting products. Botting servers are Non-Refundable. Refunds are only available for initial payments on new services for new clients on their initial purchases.

We allow a grace period of 48 hours after an invoice becomes passed due before terminating the services.

However, we offer no refunds on special or promo offers, custom discounted products, or cryptocurrency payments. As well as IP add-ons and service add-ons.

It is your responsibility to cancel reoccurring payments, failure to do so will result in any future payments being considered donations and will not be refunded.

There is a 25% refund fee for all orders that are done by using Paypal.com Or Stipe.com Starting March 2020.

Ordering

Client is not permitted to use a VPN during ordering. Doing so, we reserve the right to flag the account as high-risk and may not offer any refunds.

Affiliates:

We only payout in Credit which can be used on our site. We don't pay out to PayPal at this time. Subject to Change!

Cancellations

Cancellations should be submitted in the client portal via the request cancellation link on the product page. All cancellations must be (5) days prior to the service renewal date or you could be charged for the next month. In the event of a mid-billing period cancellation, we can apply for an account credit on request.

End of Life Products

From time to time BriskServers may need to add new products and replace legacy products based on customer demand. In the event that a new product becomes available, you are welcome to upgrade in the client portal. In the event, we sunset or discontinue a product we will offer 60 days notice and work with customers to find meet their needs.

Chargeback and Disputes

BriskServers works with all of our clients to ensure the best possible experience. We understand that in some cases our products may not meet your need. Please review our Refunds and Cancellations policies. In the event of a billing dispute, claim or chargeback with our payment processors you agree that we may share your account information (including name, address, IP address, account history, and any files stored on our system) with the payment processor. In the event that a fraudulent chargeback or dispute is raised, we may share these details with external 3rd parties such as MaxMind, FraudRecord, and other commercial fraud prevention platforms.

Cryptocurrency Payment Policy

Due to the volatility and transaction fees involved in cryptocurrency based transactions, any product refund, cancellation, or modifications will be applied as an account credit. We are unable to refund these payments, unfortunately.

Promotions

From time to time BriskServers may provide promotional offers that modify product pricing. These promotions may expire at any time, when they are used a certain number of times, or based on market conditions.

We, however, offer no refunds on special or promo offers or custom discounted products. As well as IP addons and service addons.

Price Match

At Cyclone, we will price match any competition price that is verifiable and valid on the competition's website or advertising.* *Subject to "within reasonable standards"

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.

Country Block Policy

In the event that a CyloneServers product becomes unavailable or blocked by a business, institution or country firewall, we can attempt to move you to a node that is not blocked by your country but you must submit a support ticket. We cannot guarantee product availability from all data centers, and pricing may vary between data centers. Any product cancellation requests outside of our refund period will be governed by our Cancellation policy.

Legal Contact

BriskServers retains the right to seek and consult with any appropriate authorities that may need to be involved in the event of an issue arising whether it is through violation of this policy or any other illegal occurrence requiring the involvement of law-enforcement agencies. BriskServers regards any communication between parties as confidential, upon the distribution of any communication, unless prior approval is in place, we will take action to the full extent of the law. By purchasing a server from BriskServers you permit us to modify your server, this includes, but is not limited to, and other tasks related to running a VPS server. Any verbal or written s to compromise our server systems or any other equipment owned by BriskServers will be taken seriously and will result in further investigation and possible lawsuits. Upon cancellation of payments to BriskServers, your server will be suspended unless prior arrangements are made. Files will be kept as long as possible after termination or suspension however the guaranteed amount of time is unspecified. BriskServers retains the sole right to stop, start, and modify your server.

Bandwidth Fair Use Policy & IP Blacklist Policy

Going over your set bandwidth will result in your server being limited (Network Speed) or Suspended. You will be assessed an account fine of $1.00/TB to a maximum of 5TB overage. After 5TB, a fee of $15 dollars will be assessed.

BriskServers provides unmetered bandwidth on selected servers under the fair use policy. BriskServers reserves the right to investigate and mitigate or suspend your services at our own discretion for high amounts of bandwidth.

You will be charged a fee of $15.00 per IP that is blacklisted.

Termination

Additionally, we reserve all rights to terminate your server or service upon any violation of these terms or any other basis if deemed needed.

Threats/Abuse/Staff Abuse

Using the BriskServers services to transmit any material (by e-mail, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property. Harassment Using the BriskServers services to transmit any material (by e-mail, uploading, posting, or otherwise) that harasses another.

Sending or posting hateful, rude, or threatening messages to staff or company may result in termination. If you are found doing the following to our staff members cussing or making threats via the ticket system or discord support will result in service suspension or termination of your services.

Forgery or Impersonation

Adding, removing, or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

Unauthorized access

Network disruptions and unfriendly activity

Use of the BriskServers service for any activity that affects the ability of other people or systems to use BriskServers Services or the Internet. This includes “Denial of Service” (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, services, or equipment is prohibited. It is the Member’s responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual’s computer system will result in immediate account termination. BriskServers will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

Fraud

Fraud involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it. Fraud is strictly prohibited, and offenses will be investigated.

Third-party Links, Sites, and Services

Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by BriskServers. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from BriskServers, you do so at your own risk, and you agree that BriskServers will have no liability arising from your use of or access to any third-party website, service, or content.

This now applies to any client that doesn't submit a cancellation request; failure to do so, your information will be submitted to FR and MaxMind.

Backups and Data

Cyclone Servers is not responsible for any data loss. You are responsible for all backups on the following services VPS and Dedicated hosting. Shared hosting users are provided backups per request.

Service Suspension

BriskServers reserves the right to immediately disable or terminate any product that is unpaid immediately subsequent to the end of a paid term. In the event that a product offering remains unpaid, BriskServers will remove any customer information from our servers after 3 days.

Banned Services:

All of the services provided by BriskServers will only be used for lawful and moral purposes. All BriskServers clients agree to indemnify and hold BriskServers harmless from any claims ensuing from the use of our services.

Some examples of unacceptable applications of our service can consist of but are not limited to:

Banned Services. All the following services or activities are strictly prohibited at BriskServers:

• IRC servers
• Traffic Exchange, HitLeap, Automated Browsing, Crawlers, iMarcos, AutoSurf, etc.
• Pirated Content / Warez / Topsites / Illegal Content
• Email Marketing / Mass Mailing / Email Spamming of any type
• Commercial Audio Streaming (more than two streams)
• Investment Sites (HYIP, FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
• Lottery / Gambling Sites / Bank Debentures / Bank Debenture Trading Programs
• MUDs / RPGs / PBBGs
• Fraudulent / Phishing / Replica Sites
• Public Proxies / Public VPNs / TOR Exit Nodes / Anonymizers
• Video Encoding / Streaming (including but not limited to FFMPEG)
• Virtual Currency Mining (including but not limited to Bitcoin)
• zPanel / Sentora / Kloxo Panel
• DDoS-prone applications or booters/flood scripts / IP spoofing software
• IP Scanners / Port Scanning or Bruteforce Programs without consent
• Cracking tools / illegal software key generators
• Programs that cause hardware resource/network abuse
• All adult content hosting is banned.

The service may be suspended, and no refunds will be provided if the customer is found to be running anything listed above. If we feel the customer is running any illegal software, we will access the server to verify if the client refuses to show what they are running. This list is not exhaustive and is intended to give customers an indication of the types of uses that are disallowed at BriskServers.