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TERMS AND
CONDITIONS OF SERVICE
This Agreement sets forth the Standard Terms and Conditions that
apply to the use of the Bigger Productions of Nevada, Inc.
services. YOUR USE OF THE SERVICES INDICATES YOUR AGREEMENT TO
BE BOUND BY THESE TERMS OF SERVICE.
USER ELIGIBILITY
You represent and warrant that you are the person legally
responsible for all use of this account, and are at least 18
years of age. If you are under 18 years of age, you must have
parental consent in order to participate, and the account must
be opened and maintained by a parent or legal guardian, in their
name. You agree to provide Bigger Productions of Nevada, Inc.
with your full legal name, postal address, telephone number and
an email address that is not hosted through Bigger Productions
of Nevada, Inc. for our records, and you have a continued
obligation to keep this information current. You also agree that
you are an authorized user of any credit card that you supply to
Bigger Productions of Nevada, Inc. and you understand and agree
that Bigger Productions of Nevada, Inc. has an obligation to
fully investigate any possible fraudulent credit card use.
CONTENTS OF MESSAGES
You are responsible for the contents of your messages and your
website and the consequences thereof. You agree not to do
anything that would restrict or inhibit any other user from
using and enjoying the Internet. You further agree not to use
Bigger Productions of Nevada,, Inc. to post any content or send
any messages or material that are unlawful, harassing, libelous,
abusive, threatening, harmful, vulgar, obscene or may constitute
a criminal offense, give rise to civil liability or encourage
conduct that could constitute a criminal offense, give rise to
civil liability or otherwise violate any applicable local,
state, national or international law, regulation or court order.
Bigger Productions of Nevada, Inc. reserves the right to
terminate your account without prior notice if Bigger
Productions of Nevada, Inc. becomes aware of and determines, in
its sole discretion, that you have violated any of the foregoing
guidelines
UNLAWFUL OR PROHIBITED USE
As a condition of your use of Bigger Productions of Nevada, Inc.
services, you warrant to Bigger Productions of Nevada, Inc. that
you will not use Bigger Productions of Nevada, Inc. services for
any unlawful purpose.
You agree to abide by all applicable local, state, national and
international laws and regulations regarding your use of Bigger
Productions of Nevada, Inc. services.
TERMS OF PAYMENT
You agree to pay Bigger Productions of Nevada, Inc. appropriate
payment for the services received from Bigger Productions of
Nevada, Inc. in advance of the time period during which such
services are provided. You agree to provide Bigger Productions of Nevada,
Inc. with
current billing and contact information, and you authorize
Bigger Productions of Nevada, Inc. to bill all accounts and
related charges to the credit card on file. You further
understand that until and unless you notify Bigger Productions
of Nevada, Inc. of your desire to cancel any or all services
received, and you complete the cancellation process, those
services will be billed on a recurring basis. In order for the
account to be cancelled, it must be paid in full at the time of
cancellation. You agree that prepayments will be billed and
charged automatically, and that Bigger Productions of Nevada, Inc.
may apply the amount due to the provided card at any time.
If your credit card is denied for any reason on the first
attempt, Bigger Productions of Nevada, Inc. will automatically
resubmit your card for the amount due on a weekly basis.
Each account has resource quotas; it is the account owner’s
responsibility to monitor usage. Any quota excess is payable by
the account owner.
APPROPRIATE CONTENT AND ACCOUNT LIMITS
The following services are not allowed on Bigger Productions of
Nevada, Inc. servers:
- Any process that requires
more than 0.50 MB of memory space, more than 0.10 CPU
seconds or uses more than 0.10% of any available system
resources at any time or otherwise threatens the stability
of the server.
- Interactive real-time chat
applications that require server resources.
- Software that performs
functions for any site not within the account.
- Stand-alone, unattended
server-side processes (including daemons).
- Software that interfaces
with an IRC (Internet Relay Chat) network.
- Data archives of any kind,
including backups, video and audio archives.
- Tracking software that logs
information available through server logs.
The following limits apply to
all accounts:
- Image galleries must not
exceed 200mb.
- No individual file may
exceed 50 mb
- Databases are only to be
used for Bigger Productions of Nevada, Inc.-hosted websites,
and no outside access will be granted.
- No cron job may run more
than once every two hours.
You agree not to interfere with
the operation of the system. You further agree not to interfere
with the proper operation of other systems reachable through the
Internet, including any attempt at unauthorized access. You
agree to adhere to system policies as published by Bigger
Productions of Nevada, Inc., including restrictions on services
available with each service type, restrictions on certain
features, and all other policies. You agree to abide by any and
all future Bigger Productions of Nevada, Inc. policy decisions.
Failure to observe these policies may include suspension or
termination of your account without notice.
You are responsible for keeping a copy of your most current
website files as backup on a remote system. Bigger Productions
of Nevada, Inc. is not responsible for any lost files,
information or data, including but not limited to such losses
that are a direct result of Bigger Productions of Nevada,
Inc.’s negligence..
ZERO TOLERANCE SPAM POLICY
Bigger Productions of Nevada, Inc. takes a zero-tolerance stance
against sending unsolicited email, commonly known as spam. The
accounts of any user who sends spam will be terminated without
notice, and the accountholder will be billed at a rate of $100
per recipient to whom the message was sent, regardless of
whether the messages were sent from a Bigger Productions of
Nevada, Inc. server or from another server advertising a site
hosted on Bigger Productions of Nevada, Inc. servers. All
commercial mailings must also comply with the CAN-SPAM act and
all other applicable laws.
MONITORING OF SERVICE
You agree that Bigger Productions of Nevada, Inc. has the right
to monitor the service electronically from time to time and to
disclose any information as necessary to satisfy the law, or to
protect itself or its subscribers. Bigger Productions of Nevada,
Inc. reserves the right to remove or to refuse to post any
information or materials, in whole or in part, that, in its sole
discretion, are unacceptable, undesirable or in violation of
this agreement. Bigger Productions of Nevada, Inc. reserves the
right to monitor any and all communications through or with its
facilities. You agree that Bigger Productions of Nevada, Inc. is
not considered a "secure communications medium" for
the purposes of the ECPA, and that no expectation of privacy is
afforded.
14-DAY NO QUESTIONS ASKED MONEY-BACK GUARANTEE
We stand behind our services and offer a 14-day no questions
asked money-back guarantee. If at any point during the first 14
days of your stay with us you find our services do not meet your
needs, we will refund your money in full except for cost of
domain registrations.
120-DAY MONEY-BACK GUARANTEE
This section applies only to accounts opened before August 1st,
2008:
We stand behind our advertising and offer a limited 120-day
money-back guarantee. If at any point during the first 120 days
of your stay with us you find our services to be in any way not
as advertised, we will refund your money minus any setup fees
and cost of domain registration(s). Specifically excluded from
this policy are cases of account non-use, misuse, abuse, and all
quality of service (ie uptime/stability/availability) issues;
other restrictions may apply. Refunds may be denied at the sole
discretion of Bigger Productions of Nevada, Inc.
100% UPTIME GUARANTEE
We know that your website is valuable to you and we firmly stand
behind the quality of our services. If your web site is unusable
as a result of a direct failure in our systems and for reasons
other than previously announced scheduled maintenance we'll
credit your next invoice with 1 hour of hosting for each 1 hour
of service interruption; up to 10% of your next pre-paid hosting
renewal fee. Credits may not be converted into refunds; other
restrictions may apply. Service credits may be denied at the
sole discretion of Bigger Productions of Nevada, Inc..
REFUND AND PRICING CHANGE POLICY
Except as stated herein, Bigger Productions of Nevada, Inc.
offers absolutely no refunds under any conditions. Bigger
Productions of Nevada, Inc. reserves the right to change prices
at any time, with or without any notice.
TERMINATION
Bigger Productions of Nevada, Inc. may terminate this agreement
and your access to any or all Bigger Productions of Nevada,
Inc.-related services at any time, with or without cause,
effective immediately, and without any refund of any kind,
including but not limited to refunds for pre-paid services.
Bigger Productions of Nevada, Inc. shall have no responsibility
to notify any third-party providers of services, merchandise or
information, nor any responsibility for any consequences
resulting from such discontinuance or lack of notification. Any
outstanding amount due on the account will still be payable.
You may terminate this Agreement at any time by contacting the
support department at Bigger Productions of Nevada, Inc., which
will then provide you with a form that must be completed in full
and returned to confirm cancellation. No refund shall be issued.
Bigger Productions of Nevada, Inc. must receive all completed
and correct termination requests, in writing, at least 30 days
in advance of contract renewal date. Account to be cancelled
must be paid in full at the time of cancellation.
All plans automatically renew every period, unless cancellation
is requested in writing at least 30 days before renewal time.
RELATIONSHIP OF THE PARTIES
Nothing contained in this Agreement shall be construed as
creating any agency, legal representative, partnership or other
form of joint enterprise between the parties. Neither party
shall have authority to contract for or bind the other in any
manner whatsoever.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
THE Bigger Productions of Nevada, Inc. SERVICE PROVIDED IS
PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Bigger
Productions of Nevada, Inc. EXPRESSLY DISCLAIMS ANY
REPRESENTATION OR WARRANTY THAT THE Bigger Productions of
Nevada, Inc. SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR
UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY
Bigger Productions of Nevada, Inc., ITS EMPLOYEES, LICENSORS OR
AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH
INFORMATION OR ADVICE.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL Bigger
Productions of Nevada, Inc., OR ITS AFFILIATES BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OF OR INABILITY TO USE THE Bigger
Productions of Nevada, Inc. SERVICE, INCLUDING BUT NOT LIMITED
TO RELIANCE ON ANY INFORMATION OBTAINED ON THE Bigger
Productions of Nevada, Inc. SERVICE; OR THAT RESULT FROM
MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL,
LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN
OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE,
WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE,
THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO Bigger Productions
of Nevada, Inc. RECORDS, PROGRAMS OR SERVICES. YOU HEREBY
ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT Bigger
Productions of Nevada, Inc. IS GIVEN NOTICE OF THE POSSIBILITY
OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL
SERVICES AVAILABLE FROM Bigger Productions of Nevada, Inc. AND
ITS AFFILIATES.
UNDER NO CIRCUMSTANCES, UNDER THE TERMS OF THIS AGREEMENT, SHALL
DAMAGES INCLUDE LOSS OF BUSINESS, OR LOSS OF PROFITS WHETHER
BASED ON BREACH OF AGREEMENT, BREACH OF WARRANTY, TORT, PRODUCT
LIABILITY OR OTHERWISE.
THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS
AGREEMENT FOR WHATEVER REASON.
COPYRIGHT AND TRADEMARKS
All contents of the Bigger Productions of Nevada, Inc. website
are proprietary to Bigger Productions of Nevada, Inc., and/or
its suppliers and are protected under copyright law. All rights
are reserved. Bigger Productions of Nevada, Inc. reserves any rights not expressly
granted herein.
FORCE MAJEURE
If by reason of failure of telecommunications or Internet
service providers, labor disputes, riots, inability to obtain
labor or materials, earthquake, fire or other action of the
elements, accidents, governmental restrictions or other causes
beyond the control of Bigger Productions of Nevada, Inc., Bigger
Productions of Nevada, Inc. is unable to perform in whole or in
part its obligations as set forth in this Agreement, then Bigger
Productions of Nevada, Inc. shall be relieved of those
obligations to the extent it is so unable to perform, and such
inability to perform shall not make Bigger Productions of
Nevada, Inc. liable to the user.
GOVERNING LAW
Nevada law shall govern this Agreement, and any dispute arising
from the relationship between the parties to this Agreement,
excluding any laws that direct the application of another
jurisdiction's laws. In any litigation, arbitration or other
proceeding by which one party either seeks to enforce its rights
under this Agreement (whether in contract, tort or both) or
seeks a declaration of any rights or obligations under this
Agreement, the prevailing party shall be awarded its reasonable
attorney fees, and cost and expenses incurred, subject to the
Limitation of Liabilities clause. The parties consent to the
exclusive jurisdiction and venue of the courts of the State of
Nevada or to any Federal Court located within the State of
Nevada.
ARBITRATION
Any legal controversy or legal claim arising out of or relating
to this Agreement or Bigger Productions of Nevada, Inc. services
shall be settled by binding arbitration before the American
Arbitration Association. Any such controversy or claim shall be
arbitrated on an individual basis, and shall not be consolidated
in any arbitration with any claim or controversy of any other
party. The arbitration shall be conducted in Nevada, as the
parties to this agreement agree to be governed by the laws of
Nevada. Either party may seek any interim or preliminary relief
from a court of competent jurisdiction in Nevada necessary to
protect the rights or property of party pending the completion
of arbitration. The prevailing party from arbitration shall be
entitled to reasonable attorney fees, which shall be set forth
by the arbitrator(s). Judgment upon the award rendered may be
entered in any court in the state of Nevada with jurisdiction.
The decision of the arbitrator shall be final and binding on the
parties. The parties shall bear equally all fees, costs and
expenses of the arbitration, and each party shall bear its own
legal expenses, attorney fees and costs of all experts and
witnesses, provided, however, the arbitration panel may
apportion between the parties, as said arbitrator may deem
equitable, the cost incurred by either party.
Should either party file an action contrary to this provision,
the other party may recover attorney fees and costs up to one
thousand ($1000) dollars.
SEVERABILITY
If any provisions of this Agreement shall be held to be invalid
or unenforceable for any reason, the remaining provisions shall
continue to be valid and enforceable. If a court finds that any
provision of this Agreement is invalid or unenforceable, but
that by limiting such provision it would become valid or
enforceable, then such provision will be deemed to be written,
construed and enforced as so limited.
SURVIVABILITY
The terms of this Agreement apply to those obligations that
survive any cancellation, termination or rescission, namely
warranty, indemnification, liability and limits thereon, rights
and obligations upon and following termination and assignment.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Bigger
Productions of Nevada, Inc. against any and all claims, losses,
penalties, causes of action, damages, liability, costs, expenses
(including but not limited to reasonable attorney fees) or
claims caused by or resulting indirectly from your use of the
service, without limitation or exception, including your
violation of any third-party's rights, (including, without
limitation, infringement of any copyright trademark, service
mark, trade secrets, right of privacy or publicity or any other
third-party right). The terms of this section shall survive the
termination of your relationship with Bigger Productions of
Nevada, Inc..
REMEDY
You agree that your sole and exclusive remedy to any issues
relating to Bigger Productions of Nevada, Inc. services is to
discontinue using the service.
ASSIGNMENT
In the event of a merger or consolidation of Bigger Productions
of Nevada, Inc., the surviving or new corporation and any
subsidiaries are similarly subject to the rights and obligations
of this Agreement.
ENTIRE AGREEMENT
Unless otherwise specified herein, this Agreement constitutes
the complete and exclusive statement of the Agreement between
the parties regarding the products and services provided
hereunder, and supercedes any prior Agreements between the
parties with respect thereto.
WAIVER
The failure of Bigger Productions of Nevada, Inc. to enforce a
provision of this Agreement shall not be construed as a waiver
or limitation of Bigger Productions of Nevada, Inc.'s right to
subsequently enforce and compel strict compliance with every
provision of this Agreement.
MODIFICATION OF TERMS
Bigger Productions of Nevada, Inc. reserves the right to modify
this policy at any time and without advance notice, effective
upon making the modified provisions available on the Bigger
Productions of Nevada, Inc. website. You are responsible for
regularly reviewing these documents. Continued use of the Bigger
Productions of Nevada, Inc. services after any such changes
shall constitute your consent to such changes. Bigger
Productions of Nevada, Inc. does not and will not assume any
obligation to notify you of any changes to the Terms of Service.
Last revised 02.02.2010
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