Service-Level Agreement/Terms of Service/Acceptable User Policy

Please read this statement carefully. By ordering or using our products or services you agree to all of the terms and conditions bellow.

Introduction

This is a legal and binding agreement between you, from this point forward referred to "the Customer", and us, 2BIGGIGS.COM, from this point forward referred to as "the Company".

The Company is dedicated to providing an all-round top quality service. The Terms of Service which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers whilst at the same time satisfying our legal and ethical responsibilities.

Illegal Usage

The 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 is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3's (unless you are the copyright owner of the work), IRC bots.

UCE (Unsolicited Commerce Email) - SPAM

Spamming, sending of mass unsolicited email (including but not limited to newsletters to people who have not requested them) from our servers, or hosting sites or information on our servers that is advertised by UCE or SPAM is strictly prohibited. If a customer is engaged in any of the foregoing activities using the service of another provider or network, but channeling activities through our servers as a maildrop for responses, he is in violation too.

Security

Violations of system or network security and any attempts to undermine or cause harm to our servers are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. 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 email or a newsgroup posting.

Port Scanning

We do not permit any kind of portscanning to be done on or from our servers.

Proxies / Anonymizers

We do not permit proxy servers of any kind, whether for personal or business use.

Restrictions on IRC

We do not allow IRC servers or IRC bouncers under any circumstances.

High Bandwidth P2P Programs

Nothing such as Kazza or Edonkey may be used due to the high bandwidth requirements. All accounts (including reseller accounts) are on shared servers so it does effect everyone.

Background Running Programs

We do not permit background daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation.

Server Resources

You can not run any modern graphical game server (like halflife, quake[1,2,3], etc. You can run a text mud, but no hogs like the above, please. Also no CPU heavy process (like Seti or Folding@Home). Any hosting account deemed to be adversely affecting the server performance will be shut down without prior notice.

Backups

We perform daily backups on all servers to ensure critical files are never lost. However we are not responsible for lost data, time, income or any other resource due to faulty backups or non-existent backups. We encourage you to regularly backup your important data, and keep those backups offsite.

Customer Responsibility

The customer who purchased or used our product(s) or service(s) is responsible for its use and will be liable for any charges that come about from misuse or over usage. The customer is responsible for securing their username/password. The customer assumes responsibility for the use of others on his virtual server, including but not limited to all material on their site that may be put on by a third party (such as the usage of Free For All links pages). The customer assumes responsibility for all accounts of his customers.

Unacceptable Customer Behavior

Should we consider a customer's behavior to be rude or offensive to a staff member we reserve right to cancel accounts immediately and without refund.

Resellers

If you are or become a reseller of our services you will continue to be bound by these terms of service, you will be responsible for ensuring that your customers are bound by terms of service that adequately reflect and give effect to these. You shall not incur or purport to incur on our behalf any liability nor in any way pledge or purport to pledge our credit or to make any contract binding on us. No default by your customers shall in any way affect, modify or limit your obligations under this terms of service. You are responsible for providing front-line support and billing to your customers.

Our 30-Day Money Back Guarantee

If you are not completely satisfied with our services within the first 30 days (10 days for reseller accounts) from the opening of the account, you will be given a full refund on your hosting fee minus a $5.00 processing fee. The PayPal refund will be sent out only after customer unsubscribe the hosting service via PayPal and after customer requests the refund within the first 30 day (10 day for reseller accounts) period. Once the initial trial period has expired customers are not entitled to receive a refund according to this guarantee. Domain name registration/renewal fee, and any fees for additional services (ie. additional IPs, disk space, bandwidth, etc.) are non-refundable. Any registration/renewal fees paid by us will be deducted from refunds if a free domain name registration/renewal is provided. Any fees for additional services will be deducted from refunds if provided. If your account has been cancelled or suspended by us due to a violation of the terms of service a refund will not be issued.

Our Uptime Guarantee

We guarantee that your web site will experience 99% or better uptime during the course of any calendar month. If we do not provide 99% uptime, we will provide a refund of your hosting fees for the month affected. If your account has been cancelled or suspended by us due to a violation of the terms of service or due to late payment a refund will not be issued.

Payment and Cancellations

Unless otherwise specified, all fees are in US dollars. The web hosting fee is paid at beginning of each billing cycle of customer hosing plan. Customer agrees to pay $10.00 late payment fee per instance starting from the third time when customer's payment is late.

Customers may cancel their accounts at any time. It is customer's responsibility to unsubscribe our hosting service via PayPal any time when customer decides to stop using our hosting service if customer paid by Paypal to avoid from keep sending further hosting fees to us.

We reserve the right to refuse or cancel the service, terminate your account, and any future business relation with you, for any suitable reason at any time. In this event you will be entitled to a pro rata refund based upon the remaining period of subscription. If you are in violation of these terms of service a refund will not be issued in the event of a cancellation.

Actions taken in case of non-compliance with there terms of service

When the Company becomes aware of an alleged violation of these terms of service, the Company will initiate an investigation. During the investigation, the Company may restrict or suspend customer's access to our servers to prevent further violations. If a customer is found to be in violation, depending on the severity of the violation, the Company may, at its sole discretion, restrict, suspend, or terminate a customer's account, without refund of any fees paid. We will notify law enforcement officials if the violation is believed to be a criminal offense. Further, we reserve the right to pursue civil remedies for any costs associated with our investigation.

The Company will be the sole arbiter as to what constitutes a violation of any of these terms of service.

The Company does not issue credits or refunds for outages incurred through service restriction, suspension or termination, resulting from a violation of any of the terms of service.

If you have any questions regarding these terms of service or to report suspected abuses or any violations, please contact us.

Disclaimer

The Company will not be held responsible for any damages you or your business may suffer. The Company makes no warranties of any kind, expressed or implied, for services rendered. The Company disclaims any warranty or merchantability or fitness for a particular purpose. The Company assumes no liability for disruptions or improper operation of its equipment or software for any reason, including, but not limited to, vandalism, theft, phone service outages, Internet disruptions, human error, extreme or severe weather conditions or any other causes in the nature of "Acts of God" or force majeure. The Company will not be responsible for consequential damages or punitive or exemplary damages under any circumstances. In no case will the customer be entitled to recover damages from the Company. The 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 or misuse of the service.

Modification

The Company reserves the right to add, delete, or modify any provision of these terms of services at any time without notice.