Terms and Conditions
TERMS OF SERVICE AND LEGAL RESTRICTIONS
ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE AND OUR SERVICES. BY USING THIS WEBSITE AND/OR OUR SERVICES YOU INDICATE THAT YOU ACCEPT THESE TERMS. ALL TERMS RELATE TO PRODUCTS AND SERVICES PROVIDED BY BIGNM WEB HOSTING (THE "COMPANY") TO EITHER VISITORS TO THE COMPANY'S WEBSITE OR PURCHASERS OF THE COMPANY'S PRODUCTS AND/OR SERVICES (THE "CUSTOMER").
Web Hosting Services
Our company's services include, but are not limited to: a) any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers' account (including all billing data and the space on the particular Web server that we provide to customers); b) any use by customers, or any access provided to customers by us, of computing, telecommunications, software, information, hardware, and equipment; c) any act, or provision of any service, by us to customers, related to Web hosting (including server usage and technical support), regardless of duration and whether paid for or not; d) any provision by our company to customers, of any space, Internet connectivity, or electrical power; e) any access or use related to our company's Web site, including the Web site itself; f) any other service mentioned in this Terms of Service; g) any other service provided by our company to customers, whether used or not; h) any other of our company's services that are used by customers, whether offered or provided by our company to customers.
Ownership of Web Site
The legal owner of customers' Web sites and accounts with our company will be the individual or organization whose name is listed in our company's database as the owner. Customers will fully cooperate with and abide by any and all of our company's security measures and procedures in the event of any dispute over ownership of customers' Web sites and accounts with our company.
Our company's servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing our company's services, all of our customers certify that they and/or the organization they represent in procuring services from our company are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to our company's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on our company's server, and selling or distributing software (on a Web site residing on our company's server) that facilitates spamming. Violators will be assessed a minimum fine of US$200 and will face immediate account termination. Our company reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
System and Network Abuse
Violations of system or network security are prohibited and may result in criminal and civil liability including a fine of $500 per incident. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
Viruses and Other Destructive Activities
Use of our company's services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use our company's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All our company's customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by one of our customers (per the DMCA) to our company must follow the below procedures. Copyright infringement notifications submitted to our company according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at our company's sole discretion.
DMCA Copyright Infringement Notification Requirements
a) Signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant"). b) Identification of the copyrighted work(s) claimed to have been infringed. c) Identification of the material claimed to infringe the copyright(s), and enough information for Network Redux to locate it including URLs and specific descriptions of the infringing material at each URL. d) The Claimant's name, address, and telephone number(s). e) A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent. f) A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner. g) Mail the notification to: BigNM Web Hosting, DMCA Complaints, 3331 Lakeland Gardens, Katy TX 77449
Pornography and sex-related merchandising are prohibited on our company's servers. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.
The use of our company's services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Our company is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
Our company 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, our company urges its customers to assume that all of their on-line communications are insecure. Our company cannot take any responsibility for the security of information transmitted over it's facilities.
Customers are required to use our company's network responsibly. This includes respecting the other customers of our company. Our company reserves the right to suspend and/or cancel service with any customer who uses our company network in such a way that adversely affects other of our company's customers. While our company may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, our company does not monitor its customers' communications or activities to determine whether they are in compliance with the Terms of Service. However, when our company becomes aware of any violation of the Terms of Service or other user agreements, our company may take any action to stop or correct such violation, including, but not limited to, denying access to our company's services and equipment or to the Internet. In addition, our company may take action against a customer or a customer of such customer because of the activities of such customer. Our company anticipates that customers who offer Internet services will cooperate with our company in any corrective or preventive action that our company deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of our company policy and our company reserves the right to take any such action even though such action may affect other customers of our company's customer.
Actions Taken by Network Redux
The failure by a customer to meet or follow any of the Terms of Service is grounds for account deactivation. Our company will be the sole arbiter as to what constitutes a violation of the Terms of Service. Our company reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When our company becomes aware of an alleged violation of its Terms of Service, our company will initiate an investigation. During the investigation, our company may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, our company may, at its sole discretion, restrict, suspend, or terminate a customer's Web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, our company will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the Terms of Service if it is illegal, irresponsible, or constitutes disruptive use of the Internet. Our company does not issue credits for outages incurred through service disablement resulting from Terms of Service violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by our company.
Our company's customers agree to protect, defend, hold harmless, and indemnify our company, any third party entity related to our company (including, without limitation, third party vendors), and our company's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as our company, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of our company's services.
OUr company's service 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. Our company expressly disclaims any representation or warranty that the service will be error-free, secure or uninterrupted. No oral advice or written information given by our company, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Our company and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
Termination for Bankruptcy or Insolvency
If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, our company may immediately terminate provision of any services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against our company in such event.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL THE COMPANY (INCLUDING, WITHOUT LIMITATION, THE COMPANY'S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS THE COMPANY, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE COMPANY'S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR THE COMPANY SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY OF THE COMPANY'S SERVICES EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY'S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TERMS OF SERVICE OR THE COMPANY'S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY THE COMPANY OR THE COMPANY'S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
Our company may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with our company's services. Certain changes to our company's services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and our company is not liable, for any and all such personalized applications and content, except as expressly agreed to by our company.
Backup of Data
Except where our company has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and our company is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with our company's services.
Third Party Licenses
Our company makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively "Technologies"), part of which may be licensed, or co-branded, from or by, third party entities. However, our company makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, our company specifically disclaims all warranties of merchantability and and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold our company liable in any way for the revocation of any license, which has been licensed to our company. The use of the Technologies obtained from or through our company, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.
Non-Network Redux Products
Any mention of non-company products by our company, its employees, or any third party entity related to our company is for information purposes only and does not constitute an endorsement or recommendation by our company. Our company disclaims any and all liabilities for any representation or warranty made by the vendors of such non-company products or services.
Customers will not, without our company's express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on our company's Web site, and customers will not use any of our company's trademarks, service marks, copyrighted materials, or other intellectual property without our company's express written consent. Customers will not, in any way, misrepresent their relationship with our company, attempt to pass themselves off as our company, or claim that customers are our company.
Customers may not assign or delegate their rights or obligations under the Terms of Service or other agreement for our company's services, either in whole or in part, without the prior written consent of our company.
Minimum Age Requirement
Our company's customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the Terms of Service in order for the Minor to become our customer. A parent or guardian who accepts the Terms of Service on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the Terms of Service, including the timely and full payment of the charges for our company services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains our company's express written consent to the contrary. Any acceptance of the Terms of Service or any other agreement for our company's services will be deemed null and void to the extent that our company will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of our company's services.
Governing Law and Severability
The Terms of Service, and any other agreement for our company services, will be governed by and construed in accordance with the laws of the State of Texas, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and our company will take place in Texas, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the Terms of Service or other our company agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the Terms of Service or the agreement will continue in full force and effect.
Our company will not be liable for delays in its performance of the Terms of Service or our company services caused by circumstances beyond our company's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). Our company will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.Waiver and AmendmentAny waiver, modification, or amendment of any provision of the Terms of Service or other agreement for our company services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of our company.
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between our company and its customers. Each of our customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
Construction and Interpretation
Wherever in this Terms of Service the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the Terms of Service into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the Terms of Service. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the Terms of Service.
Complete Agreement and Exclusivity
The Terms of Service, and/or any other specific agreement for our company services, constitutes the complete understanding and agreement between our company and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of our company, the Terms of Service supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This Terms of Service, and/or any other specific agreement for our company services is between our company and its customers only and will not confer any rights in any third party except as otherwise expressly provided by our company.
Customer Billing Policy
All charges are shown in US Dollars. Payments are to be made in US dollars. Our company only accepts the following type of payment: PayPal Subscriptions. All payments are due on the Account Statement Date. The Account Statement Date is the yearly anniversary of the date the account was activated. Recurring charges will be posted to your PayPal account until such time that you cancel your account in accordance with our company's Billing Policy in the Terms of Service. You are responsible for directly updating, or notifying our company, of any changes to your PayPal account subscription. Accounts that are ten (10) days past due will be subject to suspension. Reactivation of a hosting account will include a $5.00 service charge. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees.
Billing Cycles (Terms)
Our company offers Billing Cycles (terms) for hosting charges only on a Yearly (12 months) basis. The Billing Cycle begins on the Plan Activation Date. Additional items including dedicated IP addresses, SSL Certificates, application installations, and monitoring/management services are non-refundable.
In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan's Billing Cycle. Plan renewal charges are based on the rate of the initial purchase date according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.
Network Redux does not mail paper invoices or statements. Payments can be viewed and printed through the customer's PayPal account.
A $25.00 chargeback fee will be assessed for each credit card chargeback received by our company.
Hosting plans will automatically renew until a plan is cancelled. In order to cancel service, you must submit a cancellation request via our Contact Us page. Our company's customer service representatives will assist you with the cancellation process. Please be aware that there are no pro-rated refunds after the first 30 days of service. Cancellation requests must be received by our company a minimum of thirty (30) days prior to the end of your Billing Cycle. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by our company. Our company is unable to cancel your account effective for a future date. Our company will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact our company as soon as possible. Our company will not provide partial refunds for early terminations. Annual service agreements will require 100% payment in full for remaining agreement length at the time of any early termination. Our company does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to our company's services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. Our company reserves the right to cancel any account, at any time, without notice, for any reason our company considers appropriate.
30-Day Free Trial
Each of our company's hosting plans carries a 30-day unconditional free trial. If you are not completely satisfied with our services or support within the first 30 days, you can cancel your plan and owe no money upon plan cancellation.
Credit Card Disputes/Chargebacks
Our company has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment through PayPal is subject to a fine, suspension and account termination at the company's discretion. A charge of $25.00 per chargeback will be assessed to all accounts that receive a chargeback.
Our company's policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.
This Page Last Updated on November 8, 2007