TERMS OF SERVICE
These Terms of Service are an agreement (the “Agreement”) between BigFootServers, LLC (“BigFootServers) and you (“Client” or “you” or “your”). This Agreement states the terms and conditions of your use of the products and services (the “Services”) made available by BigFootServers and the BigFootServers.com website. By using any of the Services, you agree to be bound by all of the terms and provisions of the Agreement.
The owner of the payment method (Credit Card, PayPal, Cryptocurrency) which is used for payment on the account is designated as the authorized owner of the account.
THIRD PARTY PROVIDERS
All transactions with third party providers are solely between you and the individual provider. BigFootServers is not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
All discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. All transactions with third party providers are subject to the terms and conditions under which the provider agrees with you to provide goods or services. You should confirm the terms of any purchase and/or use of goods or services with the specific third party provider with whom you are dealing.
BigFootServers does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk. BigFootServers does not warrant the accuracy or completeness of any information regarding third party providers.
USE OF THE SERVICES
All Services may only be used for lawful purposes. The laws of the United States of America apply to all Clients of BigFootServers.com. You agree to indemnify and hold harmless BigFootServers from any claims resulting from your use of BigFootServers Services. You represent and warrant to BigFootServers that you are 18 years of age or older. Any use of or access to the Services by anyone under 18 years of age is prohibited.
If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
Use of the BigFootServers Services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@BigFootServers.com with the information pertaining to your claim.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
Examples of unacceptable material on all Shared and Reseller Hosting services include:
X IRC Scripts/Bots
Image Hosting Scripts (similar to Photobucket or Tinypic)
Mail Bombers/Spam Scripts
File Dump/Mirror Scripts (similar to Rapidshare)
Sale of any controlled substance without prior proof of appropriate permit(s)
Sites promoting illegal activities
Forums and/or websites that distribute or link to Warez/pirated/illegal content.
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com).
All of the files on our shared hosting accounts must pertain to your website(s). BigFootServers shared hosting may not be used for massive file storage systems, or backup storage solutions. You are not authorized to use BigFootServers for the hosting of download mirrors. You may have files for your clients/users/ to use, however if your website is based around a user downloading files, you will need to look obtain a VPS solution.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, you must set permissions on most directories to 755 or as restrictive as possible. Clients are responsible for all actions taken under their account. This includes the compromise of credentials such as Client name and password. You must use a secure password.
Solely for the purpose of providing the Services, you hereby grant to BigFootServers the right and license to access, store and use any content provided by you, and to remove all or any portion of such content if you violate the provisions of the BigFootServers Service Agreement or this Agreement.
BigFootServers may from time to time, and at any time, monitor your use of the Services to ensure your compliance with the provisions of this Agreement.
ZERO TOLERANCE SPAM POLICY
BigFootServers has zero tolerance for Clients sending unsolicited e-mail, bulk emailing, and spam. “Safe lists”, purchased lists, and selling of lists will be treated as spam. Any Client who sends out spam will have such Client’s account terminated, and may be terminated without notice. BigFootServers also reserve the right to charge Clients who engage in spam mailing a consulting fee of $50 per hour for any remedial actions that BigFootServers elects to take in the event that, as a result of a Client’s activities, BigFootServers servers or IP space are placed in any third-party mail filtering software or black hole lists. BigFootServers also reserves the right to require all client’s requesting more than 32 IP addresses to pay a deposit of up to $250 in order to be allowed to send emails. The deposit will be refunded at cancellation time, as long as no spam complaints have been received.
BACKUPS AND DATA LOSS
Your use of BigFootServers Services is at your sole risk. BigFootServers servers are setup with RAID to constantly mirror all data to a second disk. BigFootServers is not responsible for files and/or data stored on BigFootServers servers. You agree to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on BigFootServers servers.
BigFootServers offers a 3 Day Money Back Guarantee for the following products: Shared Hosting, Reseller Hosting, and VPS Hosting.
This gives the Client an opportunity to test the BigFootServers service and see if it is appropriate for the Client. Clients qualify for our 3 Day Money Back Guarantee as long as the service or product is canceled within the first 3 days of usage. In order to receive a refund we must receive a request for a refund through a ticket within 3 days of the service being canceled. Clients are only eligible for refunds on the first product purchased from BigFootServers. Clients may not receive refunds for additional products ordered after the first product. BigFootServers reserves the right to refuse refunds to Clients who are using BigFootServers servers for any kind of mining (Example: Bitcoin Mining). Additionally, payments made using Cryptocurrency as the payment method are not eligible for refunds.
ABUSE TOWARDS BigFootServers
At BigFootServers, Clients are treated with respect. In return, BigFootServers expects an equal level of respect from their Clients. If BigFootServers feels that a Client is being disrespectful or demeaning towards any staff member, the Client may be asked to move to a new hosting provider. That Client will then be given one week (7 days) to move to a new host. After this time period, BigFootServers reserves the right to completely remove/terminate Client’s account. The Client will not be entitled to any refunds. However, refunds may be issued for advanced payments if BigFootServers chooses to do so.
SERVER ABUSE/CUSTOMER ABUSE
Any attempted attack against any BigFootServers server and/or Client being hosted by BigFootServers will result in automatic termination of the offending account with no refund including, but not limited to, no refunds for advanced payments, and a permanent banning of the offending Client.
VIOLATION OF BigFootServers SERVICE AGREEMENT
Failure to fully comply with the BigFootServers Service Agreement or this Agreement may result in an immediate suspension and/or terminated without any refund. There will be no refunds for payments made in advance. BigFootServers Clients must adhere to their BigFootServers Service Agreement and with this Agreement. If a Client is uncertain about the terms of the BigFootServers Service Agreement or this Agreement, or has any other questions about these Agreements, they should contact BigFootServers via the BigFootServers support portal (client area) for clarification.
BigFootServers reserves the right to remove/suspend any account without notice of the BigFootServers Service Agreement or this Agreement is violated. If a Client violates the BigFootServers Service Agreement or this Agreement, BigFootServers will either give the Client warning, if BigFootServers so chooses, or immediately terminate/delete Client’s account. No warning is required.
CHANGES TO THE AGREEMENT OR TO THE SERVICES
BigFootServers may modify, add, or delete portions of this Agreement at any time. BigFootServers will post a notice on the BigFootServers website for a period of 30 days before the effective date of any such change. Thereafter, your use any of the Services shall constitute agreement to such change.
BigFootServers may modify, change, or discontinue any aspect of the Services at any time.
All cancellation requests must be submitted in the client area and confirmed in the ticket that is generated from this action, before the next billing cycle begins.
BigFootServers does not charge late fees, however, if a service is paid for late, the next due date for the service will not be adjusted. Services that are not properly canceled through the appropriate methods will remain active. If a Client has multiple services with BigFootServers, failure to pay one of their active services without a proper cancellation may result in their other active service’s suspension due to the account having an outstanding invoice. BigFootServers will send several reminders and warnings prior to this action given the severity of full account suspension.
Custom Dedicated Cluster Solutions must have cancellation request received at least 7 days prior to the next bill being due, failure to provide written cancellation before this deadline, will result in an automatic renewal.
BigFootServers may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; or (iii) as otherwise specified in this Agreement. In such event, BigFootServers shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination
Upon termination of the services for any reason, user content, user websites, and other data will be deleted.
All account credits are tied to the account on which they were originally added. Account credits will not be refunded back to the Client.
CHARGEBACKS AND DISPUTES
In the event that we are notified that a chargeback or other dispute is filed, all of your active services will be immediately terminated from our system, and your account will be immediately closed. Threatening to chargeback in any communication with BigFootServers, can at BigFootServers sole discretion result in permanent account closure.
RESELLER WEB HOSTING AGREEMENT
This Agreement applies to Client’s Services as well. All content hosted on any BigFootServers server is subject to this Agreement.
DISCLOSURE TO LAW ENFORCEMENT
BigFootServers may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. BigFootServers will cooperate fully with law enforcement agencies.
BigFootServers PROPRIETARY CONTENT
Except for content provided by Client, all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (“BigFootServers Content”), are the property of BigFootServers. BigFootServers Content may not be used, modified, copied, distributed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. Client may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any BigFootServers Content.
The U.S. Department of the Treasury, through the Office of Foreign Assets Control (“OFAC”), prohibits U.S. companies from engaging in certain commercial activities with certain sanctioned countries (each a “Sanctioned Country”) and certain individuals, organizations or entities, including without limitation, certain “Specially Designated Nationals” (“SDN”) listed by OFAC. If you are located in a Sanctioned Country or if you are listed as an SDN, you are prohibited from registering for or using the Services. In addition, you may not use any BigFootServers Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any Sanctioned Country.
BigFootServers is not “HIPAA compliant.” You are solely responsible for any required compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. BigFootServers does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” as defined under HIPAA are expressly prohibited from using the Services for such purposes. You agree that BigFootServers is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA.
BigFootServers shall not be responsible for any damages a Client’s business may suffer. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by BigFootServers and its Clients. BigFootServers makes NO WARRANTIES of any kind, expressed or implied for Services provided. BigFootServers makes NO WARRANTIES of MERCHANTABILITY or FITNESS for a particular purpose.
IN NO EVENT WILL BigFootServers ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF BigFootServers IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding anything to the contrary contained herein, BigFootServers LIABILITY to you, or any party claiming through you, FOR ANY CAUSE whatsoever, and regardless of the form of the action, is LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BigFootServers FOR THE SERVICES IN THE THREE (THREE) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. This is an aggregate limit. The existence of more than one claim hereunder will not increase this limit.
By using the Services, you hereby submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any dispute relating to, concerning or arising out of this Agreement. The arbitration will be conducted before a single arbitrator chosen by BigFootServers and will be held at the AAA location chosen by BigFootServers in Oklahoma. Payment of all filing, administrative and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, BigFootServers will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this paragraph. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The arbitrator’s authority to resolve and make written awards is limited to claims between you and BigFootServers alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate litigation or any other proceeding against BigFootServers in violation of this paragraph, you agree to pay BigFootServers’ reasonable costs and attorneys’ fees incurred in connection with BigFootServers enforcement of this paragraph.
GOVERNING LAW; JURISDICTION
Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based on an alleged tort, shall be governed by the internal laws of the State of Oklahoma, without regard to conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
This Agreement, including documents incorporated herein by reference or otherwise referred to herein, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement and such other agreements constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.