You really should read them, because you will be bound to adhere to them if we render any services. You will find that, in a nutshell, they basically state that as a client of ours, you can’t use your site to do anything illegal, you must use common courtesy and common sense, your site can’t contain pornography, and you accept the fact that nothing in the world is perfect, including the internet, so you won’t hold us responsible financially if a rare problem arises and someone can’t reach your site. Again, it is all very standard, but please read them.
BigHype Media LLC Terms and Conditions
BigHype Media LLC is an independent provider of professional domain name hosting solutions. User accounts of our website servers are subject to compliance with the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you should not proceed to place any information of any kind on our website servers.
1. USER CONDUCT
BigHype Media LLC’s services may only be used for lawful purposes. Any use of these services which violates any local, state, federal, or international which may apply to BigHype Media LLC, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.
You agree to indemnify, defend, and hold harmless BigHype Media LLC from any and all liability, penalties, losses, damages, costs, expenses, attorneys’ fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, BigHype Media LLC, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.
3. REFUSAL OR DISCONTINUANCE OF SERVICE
BigHype Media LLC reserves the right to refuse or discontinue service to anyone at BigHype Media LLC’s sole discretion. (Sites containing pornography will be refused service.) BigHype Media LLC may deny you access to all or part of the service without notice if you engage in any conduct or activities that BigHype Media LLC in its sole discretion believes violates any of the terms and conditions in this agreement. You agree that BigHype Media LLC 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.
4. NO WARRANTIES
BigHype Media LLC makes no warranties or representations of any kind for the services being offered. The service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by BigHype Media LLC or its agents or employees shall create a warranty. BigHype Media LLC provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components.
Under no circumstances shall BigHype Media LLC be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties’ use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties’ reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with BigHype Media LLC service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.
You understand that by placing information on BigHype Media LLC‘s servers that such information becomes available to all Internet users and that BigHype Media LLC has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of BigHype Media LLC’s servers and the Internet.
5. NO INTERFERENCE WITH OPERATION OF SYSTEM
You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers. 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 follow the Acceptable Use Policy of any network or service you connect to.
6. BACKUP OF DATA
Your use of the service is at your sole risk. BigHype Media LLC is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on BigHype Media LLC’s servers. Every account has the standard function to make routine and regular backups through the Plesk Control Panel. It is up to you, USE IT!
7. TRANSMITTAL OF MATERIALS
You agree not to transmit unsolicited or prohibited advertising or other harassing or illegal materials through electronic mail, Usenet postings, or other Internet media. The use of BigHype Media LLC or any other service with reference to services obtained through BigHype Media LLC, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as “spamming” is strictly prohibited and may cause your services to be terminated immediately and without warning and you will be held fully responsible for any damages to you, BigHype Media LLC, or any other party or parties resulting from any such conduct.
You agree to supply appropriate payment for the services received from BigHype Media LLC in advance of the time period during which such services are provided. You agree that all setup fees are non-refundable. Annual maintanence fees may be applicable to account which should not exceed $40.00 USD. You agree that if you are paying by credit card, prepayments will be billed and charged automatically, and that BigHype Media LLC may apply the amount due to the provided card at any time. Other forms of payment are accepted; account payments will be accepted via PayPal.com – which will be subject to any applicable processing fees for using PayPal, as well as personal checks or money orders (checks will be subject to a $40 NSF fee.) BigHype Media LLC agrees that in the event of account termination, either by client or BigHype Media, under no exceptions will any monies paid to BigHype Media LLC be refunded to client. Only credits will be applied to a clients account which will be good until the expiration of the original contracted date of services.
9. DOMAIN NAMES: REGISTRATIONS & TRANSFERS
Domain Administration Services are provided at a nominal charge to each client using BigHype Media LLC servers or have purchased domain name exclusively through a reresentative of BigHype Media LLC. BigHype Media LLC will appear as the Registering Company, Admin, Billing and Support on all WHOIS Records – as to protect identity of cleint and filter any SPAM that might be received. The incurred fee will be automatically added to the fee for yearly renewal of domains with the preferred registrant company. Although BigHype Media LLC attempts to monitor domain expirations and properly inform clients, it shall not be held liable if a domain expires and gets registered by an outside company. The client releases any recourse in the event that this happens, and it is expressly the responsibility of the client to monitor the timely renewal of acquired domains through BigHype Media LLC services.
(a) BigHype Media LLC will gladly transfer and administer your domain to our servers for a nominal fee. The fees charged will be used to cover renewal of domain for one year and any required document processing fees – which are subject to $40.00 USD per domain. The transfer fee is NON-REFUNDABLE. (b) If BigHype Media LLC has initially registered a domain on the behalf of a client, and the client desires to move to a different hosting/ registering company for any reason, the client is subject to a required transfer-out fee that must be paid before domain is successfully transferred out of BigHype Media LLC’s control.* Failure to do so, will result in the domain being “LOCKED” and all rights and privileges to domain usage will be forfeited to BigHype Media LLC until account has been cleared with the billing department.
10. CANCELLATION POLICY :
If you wish to cancel your account or domain hosting services, you must submit your request in written form to our Billing Department (this might include postal mail or electronic mail correspondence). Requests must be made at least 30 days in advance of the desired cancellation date or domain / hosting services expiration. All cancellation requests must be submitted by a valid contact for your account.
All services are prepaid and are only subject to credits towards other services offered by BigHypeMedia LLC.
This agreement shall be governed by the laws of the State of North Carolina.
By placing and continuing to maintain or place information on BigHype Media LLC’s servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.(* required transfer-out fee is subject to change, and may be modified without prior notice)