General Terms of Service
Whereas, Big Cloudnet Web Server is an information provider connected to the Internet Big Cloudnet Web Server offers storage and transfer services over the Internet through access to its Web Server;
Whereas, Customer seeks to utilize Big Cloudnet Web Server 's server for its own purposes;
Whereas, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Big Cloudnet Web Server can make no guarantee that any given reader shall be able to access Big Cloudnet Web Server 's server at any given time.
Big Cloudnet Web Server represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;
Now therefore, in consideration of the mutual promises contained herein, the parties agree as follows;
1. Customer agrees to a thirty (30) day contract minimum beginning upon commencement of service. Exact contract duration is decided upon at signup.
2. Customer agrees that all charges and fees associated with an account are their sole responsibility.
3. At the end of the contract term, the contract will automatically renew for the original contract length indefinitely until cancelled in writing or via the web panel. After the first 90 days a cancelled account will be cancelled before the next payment is due and no more billing will occur nor will any payment be refunded, even for unused portions. If any non-refundable charges have already been incurred, they must be paid before the account may be cancelled.
4. Violations of Big Cloudnet Terms of Service, Acceptable Use Policy, or Spam Policy may, at Big Cloudnet discretion, result in immediate and permanent disablement without refund.
5. Disputed charges ("charge backs") associated with any Big Cloudnet account may, at Big Cloudnet Discretion, result in immediate and permanent disablement.
6. Big Cloudnet will use commercially reasonable efforts to make Service available 95% of the time during each monthly billing cycle. If Big Cloudnet is unable to meet this service level, you will be eligible to receive a credit to apply to future Service billing cycles based upon the Unavailability for that month.
1. For the purposes of this agreement, Unavailability means that either (a) the Service service is unresponsive, or (b) Service returns a server error response to valid user requests for more than 60 seconds of consecutive requests.
2. Unavailability that is a result of scheduled maintenance is excluded from these conditions and will not be considered for service credit calculations. Scheduled maintenance is defined as maintenance that is announced at least 5 days in advance, and does not exceed one hour in any month.
3. Service credits will be calculated as a percentage of the bill for the billing cycle that the Unavailability occurred. The percentage for the credit will be calculated by dividing the number of minutes of Unavailability by the total number of minutes in that billing cycle.
4. Service credits must be claimed within 14 days of the Unavailability occurring by submitting a support ticket. Include as much detail as required to document the Unavailability.
1. Big Cloudnet Web Server shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or Big Cloudnet Web server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
1. Customer will provide Big Cloudnet Web Server with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of Big Cloudnet Web Server . Big Cloudnet Web Server shall make no effort to validate this information for content, correctness or usability.
2. Use of Big Cloudnet Web Server 's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer's Webspace by the Customer.
3. The following examples are offered:
1. Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTP Webspace contents, Graphics, text, Sound, image mapping, etc.
2. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
4. The Customer agrees that he or she has the necessary knowledge to create Customer's Webspace. Customer agrees that it is not the responsibility of Big Cloudnet Web Server to provide this knowledge or Customer Support outside of the defined service of Big Cloudnet Web Server.
5. Big Cloudnet Web Server will exercise no control whatsoever over the content of the information passing through the network, provided that it adheres to all other conditions set forth in our Terms of Service and Acceptable Use Policy documents.
6. Big Cloudnet Web Server reserves the right to police its network to verify compliance with all agreed upon Terms.
7. The Customer agrees to cooperate in any reasonable investigations into their adherence to all agreed upon Terms. Failure to cooperate is grounds for immediate disablement of all accounts/service plans.
8. Big Cloudnet Web Server reserves the right to disconnect any website or server deemed to present a security threat to Big Cloudnet customers, servers, or network.
9. The opening of multiple accounts or service plans in order to bypass any restrictions or overage charges set forth by Big Cloudnet is grounds for termination of all services.
10. Big Cloudnet Web Server makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Big Cloudnet Web Server also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of Big Cloudnet Web Server is at the Customer's own risk, and Big Cloudnet Web Server specifically denies any responsibility for the accuracy or quality of information obtained through its services. Any mention of connection speeds associated with Big Cloudnet services represents the maximum achievable speed. Big Cloudnet does not guarantee that the customer will achieve the maximum connection speed at all times, as this depends on a variety of factors (including your own internet connection!). Big Cloudnet Web Server expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
11. Big Cloudnet Web Server specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", Big Cloudnet Web Server may, at its option and at any time, reject this material, including but not limited to after it has been put on Big Cloudnet Web Server's Server. Big Cloudnet Web Server agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Big Cloudnet Web Server. If the Customer fails to modify the material, as directed by Big Cloudnet Web Server, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
12. All domain names registered through Big Cloudnet or its previous domain registration site, domainitron.com, that are 'parked' or are otherwise not immediately associated with a Big Cloudnet Server plan will be automatically pointed to a "Coming Soon" web page which informs visitors that the registrant has recently registered their domain name via Big Cloudnetcom. The Coming Soon web page may be modified at any time by Big Cloudnet without prior notice to you and may include such things as, without limitation, links to additional products and services offered by Big Cloudnet
Trademarks & Copyrights
1. Customer warrants that it has the right to use the trademarks and copyrights applicable to all content and/or products being made available through the customer's account.
Hardware, Equipment, & Software
1. The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Big Cloudnet Web Server.
2. Big Cloudnet Web Server makes no representations, warranties or assurances that the Customer's equipment will be compatible with the Big Cloudnet Web Server service.
1. Big Cloudnet guarantees 95 % uptime.
2. Customer is entitled to compensation if Customer's web site, databases, email, FTP, SSH or webmail become unusable as a result of failure(s) in Big Cloudnet systems for reasons other than previously announced scheduled maintenance, coding or configuration errors on the part of the Customer.
3. Big Cloudnet assessment of downtime begins when Customer opens a support ticket to report the problem.
Big Cloudnet Dedicated Server
1. Bandwidth pricing and measurement frequency is subject to change at Big Cloudnet discretion. Customers affected by such changes will be notified no less than thirty (30) days in advance by Big Cloudnet Web Server.
2. Big Cloudnet is under no obligation to compensate Customer for downtime, whether the downtime be caused by Customer, Big Cloudnet Web Server, or Big Cloudnet upstream providers.
3. Customer agrees that dedicated server payments are NONREFUNDABLE. For example, if Customer submits payment for twelve (12) months of service, service will be provided for twelve (12) months and will not be refunded if Customer chooses to discontinue service with Big Cloudnet mid-way through the term. Services will be billed on a monthly basis; existing Big Cloudnet customers may remain on a pre-paid billing plan, but new customer accounts will be subject to a usage-billing plan. Termination or upgrades of Big Cloudnet services will result in the following refund and billing procedures:
o Pre-Paid Billing Big Cloudnet Plan: Any termination or upgrade will result in a refund of the prorated value of the plan for the last billing period.
o Usage-Billing Big Cloudnet Plan: Any termination will result in the customer being billed for usage, rounded up to the nearest hour.
4. Hardware upgrades to an existing 'platform' (platform defined as a motherboard/chassis combination) will be performed by Big Cloudnet and shall incur an additional one-time labor fee of $100 as well as an increase to Customer's standard monthly rate.
5. Any hands-on labor necessitated by the customer (including, but not limited to, re-installing the operating system on the server) shall be performed by Big Cloudnet and shall incur an additional one-time labor fee of $100 for each incident.
6. Big Cloudnet reserves the right to alter the dedicated server packages advertised on its website at its discretion. Big Cloudnet is not required to upgrade Customers' hardware or bandwidth allocation as a result of a pricing or service package change. There will be an additional charge of $200 associated for any such hardware upgrade requested by Customer. Customer will not be required to upgrade hardware as a result of a pricing change.
7. For managed servers, Big Cloudnet is responsible for the security of the network, the kernel, and the base operating system (defined as the standard set of debian packages that come installed with the server). Big Cloudnet may take any steps it deems necessary at any time to protect the security of your server (this generally includes applying security patches as well upgrading the entire operating system).
8. For unmanaged servers not using a monitoring option, Customer is responsible for keeping the security of their system up to date. This includes but is not limited to the following requirements:
1. the kernel will be patched within 7 days of any announced security hole relating to the kernel
2. any security patches for all installed software must be applied within 7 days of their general announcement to the security community at large.
9. Big Cloudnet is not responsible for notifying unmanaged servers of the need to apply patches. Failure to comply with these requirements is grounds for termination of contract without refund. Big Cloudnet reserves the right to take any action upon unmanaged dedicated servers it deems necessary at any time to protect the security and integrity of Big Cloudnet network.
1. The Customer certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the "customer" in terms of this contract.
1. This contract may be terminated by either party, without cause, by giving the other party 14 days written notice. Big Cloudnet Web Server will accept termination by electronic mail. Notwithstanding the above, Big Cloudnet Web Server may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. Big Cloudnet Web Server reserves the right to charge a reinstatement fee.