Terms of Service
Home / General Solution
These Terms of Service govern the use of the Brinkster website and its services.
The term "Brinkster" is used to refer to Brinkster Inc. The term "account"
refers to the access, content, and services that Brinkster provides to its
users.
By opening a Brinkster account and becoming a user you agree to these Terms of
Service.
Brinkster reserves the right to cancel any account, including files and content,
for any reason, or no reason at all, at any time. You agree to maintain back-up
files of all information you post on Brinkster and you agree that Brinkster will
have no liability for removing any data you have posted. Additionally, you agree
to log into the site a minimum of one time every six months and to maintain a
current e-mail address in our files. Failure to do so will imply abandonment and
will result in the deactivation of your account.
The Terms of Service may change at any time.
Technical Support
If the answers to a users question can be found in the searchable forums,
searchable knowledge base, terms or service or FAQs, you will not receive a
response. Because the General Solution is a free account, technical support is
limited. If your question does require additional attention, you can e-mail
GeneralSupport@Brinkster.com.
You can expect an average response time of 72 hours.
The hours of operation for Technical support are:
Sunday 12:00 p.m. (Noon) to Friday 12:00 a.m. (Midnight) (Eastern
Standard Time)
Saturday 7:00 a.m. to 12:00 a.m. (Midnight) (Eastern Standard Time)
Content
Brinkster reserves the right to access and review its users content, files,
or web pages for any reason at its sole discretion.
Brinkster does not preview the content of its users and therefore all user
content is provided "AS IS" and without warranty of any kind by Brinkster.
Brinkster is not responsible for any content, opinions, or views expressed by
it's users on or in their free web space, message forums, or contributions to
the Code Bank.
Brinkster does not endorse any content contained within it's user's pages.
By submitting or uploading files/content/web pages to Brinkster, you (General
Users) grant Brinkster and its affiliates a royalty-free, nonexclusive,
worldwide, unrestricted license to use, copy, transmit and distribute the
content for the purpose of promotion of the user's website or promotion of
Brinkster.
Brinkster will cooperate with all law enforcement efforts pertaining or
involving the use of Brinkster's user's web space and content. This may result
in Brinkster disclosing all information given to Brinkster including but not
limited to information contained in user's profiles.
Inappropriate Content
Transmission, distribution, sale or storage of any material in violation of any
applicable law, regulation, or these guidelines is prohibited. Brinkster
reserves the rights to restrict or prohibit any and all uses of the Services or
content on your Web site(s) and to remove such material from its servers, that
Brinkster determines in its sole discretion, is harmful to its servers, systems,
network, reputations, good will, other Brinkster Customers, or any third party.
The following non-exhaustive list details the kinds of illegal or harmful or
misappropriate conduct that is prohibited.
Brinkster does not permit any of the following types of content:
nudity, pornography, anything of a sexual, lewd, indecent or obscene nature
violations of any copyright or any other right of any third party, including,
without limitation, material protected copyright, trademark, patent, trade
secret, or other intellectual property right used without proper authorization.
threatening, abusive, harassing, harmful, defamatory, invasive of privacy or
publicity rights, abusive, inflammatory or otherwise objectionable
promotion of illegal activities (info on hacking, cracking, making illegal
devices, etc)
information, instructions, or software containing or about any kind of virus
hate speech or hate propaganda
use of user web space as storage for the purpose of loading remotely
use of user web space as a doorway, signpost, or gateway to another website
content that links to content that violates Brinkster's Terms of Service in
any way
misrepresentation of user's identity, or the impersonation of anyone,
including Brinkster personnel
collection of personal information for illegal purposes
content that is deemed by Brinkster, in its sole discretion, to be harmful to
Brinkster, another company or organization, or individual
solicitation or sale of any products or services that are harmful, illegal,
dangerous, pornographic, or indecent
use of web space for spamming, web bombing, etc.
Export Violations:
Brinkster does not permit the posting or sending of software or technical
information in violation of U.S. export laws, including, without limitation, the
Export Administration Act and the Export Administration Regulations maintained
by the Department of Commerce.
Harmful Content
Disseminating or hosting harmful content including, without limitation,
viruses, Trojan horses, worms, time bombs, cancelbots or any other computer
programming routines that may damage, interfere with, surreptitiously intercept
or expropriate any system, program, data or personal information.
Fraudulent Conduct
Offering or disseminating fraudulent goods, services, schemes, or promotions
(i.e., make money fast schemes, chain letters, pyramid schemes), or furnishing
false data on any signup form, contract or online application or registration,
or the fraudulent use of any information obtained through the use of the
Services, including without limitation use of credit card numbers.
Security Violations
Violations of Brinkster's or any third party's server, system or network
security through the use of the Services are prohibited, and may result in
criminal and civil liability. Brinkster may investigate incidents involving such
violations. Brinkster may involve and cooperate with law enforcement if a
criminal violation is suspected. Examples of server, system or network security
violations include, without limitation, the following:
Hacking. Unauthorized access to or use of data, systems, server or networks,
including any attempt to probe, scan or test the vulnerability of a system,
server or network or to breach security or authentication measures without
express authorization of the owner of the system, server or network.
Interception. Unauthorized monitoring of data or traffic on any network,
server, or system without express authorization of the owner of the system,
server, or network.
Intentional Interference. Interference with service to any user, host or
network including, without limitation, mail bombing, news bombing, other
flooding techniques, deliberate attempts to overload a system, broadcast attacks
and any activity resulting in the crash of a host. Intentional interference also
means the use of any kind of program/script/command, or send messages of any
kind, designed to interfere with a user's terminal session, via any means,
locally or by the Internet.
Falsification of Origin. Forging of any TCP-IP packet header, e-mail header or
any part of a message header. This prohibition does not include the use of
aliases or anonymous remailers.
Avoiding System Restrictions. Using manual or electronic means to avoid any
use limitations placed on the Services such as timing out.
Failure to Safeguard Accounts. Failing to prevent unauthorized access to
accounts, including any account passwords.
Disallowed File Types
Brinkster does not permit the following file types:
Files larger than one (1) MB (with the exception of MS Access Databases -.MDBs)
.exe, .cmd, .bat, .mov, .avi, .mp3, .wav, .rm, .ram, .rmx, .asf, .wmf, .wmp, .wma
files of any size and audio files
Camouflaged files (e.g. a zip file inside a jpeg)
Files with missing or deceptive file types
User Name Restrictions
Brinkster user name restrictions are as follows:
No vulgar or offensive language
No use of a name other than your own
No use of a name that is an organization or entity other than your own
No use of a name that is trademarked, copyrighted, service marked, or violates
the rights of another individual or organization
Bandwidth Limitations
General Users are limited in bandwidth to 16.7 MB a day and 500 MB per month.
Once the daily limit of 16.7 MB a day is reached the web site and contents will
no longer be served for the remainder of that day.
E-mail Communication
Brinkster users agree to:
Maintain a current email address in the Brinkster database. Failure to notify
Brinkster of an e-mail change could result in the termination of your Brinkster
account.
Receive emails about a product or service that might be of interest from an
advertiser.
Receive updates and newsletters in email as Brinkster decides to send them.
Brinkster users agree not to distribute, publish, or send any of the
following types of e-mail:
Unsolicited promotions, advertising or solicitations (commonly referred to as
"spam"), including, without limitation, commercial advertising and informational
announcements, except to those who have explicitly requested such e-mails.
Commercial promotions, advertising, solicitations, or informational
announcements that contain false or misleading information in any form.
Harassing e-mail, whether through language, frequency, or size of messages.
Chain letters.
Malicious e-mail, including without limitation "mailbombing" (flooding a user
or Web site with very large or numerous pieces of mail) or "trolling" (posting
outrageous messages to generate numerous responses).
E-mails containing forged or falsified information in the header (including
sender name and routing information), or any other forged or falsified
information.
In addition, you may not use Brinkster's mail server or another Web site's mail
server to relay mail without the express permission of the account holder or the
Web site. Posting the same or similar message to one or more newsgroups
(excessive cross-posting or multiple-posting) also is explicitly prohibited.
Termination of Service
A partial list of the actions that may cause termination of account:
Purposely circumventing the receiving of emails
Posting or providing links to content that violates these Terms of Service
Displaying any paid advertising on your user website
Using an account that is not yours or is inactive
Signing up for more than one account by the same person
Sending unsolicited (bulk, spam) email from or referencing your space
Reproduction or use of another user's content without permission
Reproduction of any Brinkster.com content (CodeBank, Forum Messages, Articles)
Invalid e-mail address for correspondence with Brinkster
Failure to login to your account once every six months
INDIRECT OR ATTEMPTED VIOLATIONS OF THESE TERMS, AND ACTUAL OR ATTEMPTED
VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, WILL BE CONSIDERED VIOLATIONS OF THE
TERMS OF SERVICE BY YOU.
Limitations of Liability
a) BRINKSTER IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BRINKSTER
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) BRINKSTER MAKES NO WARRANTY THAT (i) BRINKSTER WILL MEET YOUR REQUIREMENTS OR
THAT, (ii) BRINKSTER WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF BRINKSTER IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
BRINKSTER SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN HEREIN.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BRINKSTER SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF BRINKSTER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO
USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM BRINKSTER; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY
TO YOU.
You agree to indemnify and hold Brinkster, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of any information or data you post on Brinkster
your use of Brinkster, your violation of these Terms of Service, or your
violation of any rights of another.
These Terms of Service constitute the entire agreement between you and Brinkster
and govern your use of Brinkster, superceding any prior agreements between you
and Brinkster. You also may be subject to additional terms and conditions that
may apply when you use affiliate services, third-party content or third-party
software. These Terms of Service and the relationship between you and Brinkster
shall be governed by the laws of the Commonwealth of Virginia. You and Brinkster
agree to submit to the personal and exclusive jurisdiction of the courts located
within the Commonwealth of Virginia. The failure of Brinkster to exercise or
enforce any right or provision of these Terms of Service shall not constitute a
waiver of such right or provision. If any provision of these Terms of Service is
found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of these
Terms of Service remain in full force and effect. You agree that regardless of
any statute or law to the contrary, any claim or cause of action arising out of
or related to use of the Service or these Terms of Service must be filed within
one (1) year after such claim or cause of action arose or be forever barred.
Questions? E-mail Info@Brinkster.com.