The company shall be known throughout this document as "We", "BigNames", "BIGNames.ca"
We agreed to provide the client web hosting for a monthly/semi-annual/annual fee. We will never require clients to advertise for BIGNames.ca on their website in any way shape or form unless agreed upon such as a non-profit organization receiving complimentary hosting. Clients are allowed to use the service for business/commercial or personal websites or content.
All services provided by BIGNames.ca may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless BIGNames.ca from any claims resulting from the use of the service which damages the subscriber or any other party.
Examples of non-acceptable content or links:
- Pirated software
- Hacking programs or archives
- Warez Sites
- Copyrighted MP3's and Videos
- Spamming software/script
- Any contents found to be illegal under the law of United States of America and Canada
Distribution and/or Transmission of Obscene or Indecent Speech or Materials:
Violation of indecency and obscenity laws can result in criminal penalties.
Intellectual Property Rights:
Material accessible to you through BIGNames.ca Services may be subject to protection under the United States of America (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the BIGNames.ca in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Internet. If you use a domain name in connection with BIGNames.ca or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Customers may not use the BIGNames.ca with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. BIGNames.ca will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
Accounts found to be tampering with our server security will result in instant suspension and/or termination.
Defamatory speech distributed over the Internet can result in civil liability for the defamer. We will not be responsible for any content posted by our customers.
Refusal of Service:
BIGNames.ca reserves the right at its sole discretion to refuse or cancel service. Violation of any of BIGNames.ca's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Domains terminated due to policy violations will not be released to the customer.Spam Or Unsolicited E-Mail:
You must not use the BIGNames.ca, BIGNames.ca's equipment or any BIGNames.ca email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the BIGNames.ca, BIGNames.ca's equipment or any BIGNames.ca Internet Services email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.
If you are found to have spammed, We reserved the right to disable your domain without warning. In addition, We may impose a $50 penalty for each spam policy violation. We solely reserves the right to refuse or cancel service to known spammers. Lastly, We reserved the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.
Any attempts to undermine, slander, libel, threaten, or cause harm to a BIGNames.ca server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.
Any users who has been determined to have put the server under constant load and is disturbing other customers. We reserved the rights to cancel it's serviceIndemnification:
Customer agrees that it shall defend, indemnify, save and hold BIGNames.ca (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against BIGNames.ca, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless BIGNames.ca against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with BIGNames.ca server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of BIGNames.ca to the amount paid for service.Refunds Policy, Cancellation Policy and Invoicing:
For payment, We accept Paypal and credit card payments. We send out invoices exclusively via e-mail. We do not send out invoices via postal services.
If customer cancels seven (7) days before recurring monthly billing date customer will not be billed for the next month and all payments thereafter will be cancelled with immediate effect.
No Refund will be given for any reasons. It is customer's responsibility to submit a cancellation request so recurring payments will be stopped before the next billing date.
Any account whose payment status is not current as of the start of the next billing period is deemed late. Generally, customers are given a one day grace period after which the account is put on suspension.
You will receive a payment reminder everyday from the start of your payment due date. If after 2 days payment has not been received or we have not been contacted regarding payment, your account will be terminated without any further notice. For late payments please contact us for further instructionsDisclaimer:
We will not be responsible for any damages your business may suffer due to our service provided. We make no warranties of any kind, expressed or implied for services we provide. BIGNames.ca disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by BIGNames.ca and its employees.
We keep backups of key server systems only. We accept no responsibility for any loss of data or consequences arising from this. We always advise clients to back up their site data regularly for its own protection.We furthermore expect that its customers who provide hosting services (resellers) to others will ensure its customers fully comply with all applicable laws concerning the privacy of online communications and any other policy of BIGNames.ca. A customer's failure to comply with those laws will violate this policy.Finally, BIGNames.ca wishes to emphasize that in accepting services, customers indemnify BIGNames.ca for the violation of any law or BIGNames.ca policy, that results in loss to BIGNames.ca or the bringing of any claim against BIGNames.ca. This means that if BIGNames.ca is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against BIGNames.ca, plus costs and reasonable legal fees./p>
Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation.We reserved the right to change, edit, or update the policies contained in this document at any time for any reason without notice.