The legal stuff
Client agrees to one of the following:
Quarterly (3) month contract minimum,
Twelve (12) month contract minimum.
One-time setup fees are non-refundable.
This contract will automatically renew for successive three month or twelve month periods, depending on prepayment, for the life of the contract until cancelled in writing. After the first 90 days a cancelled account will be ended prior to the next payment cycle (due-date) and no further billing will occur nor will any payment be refunded for unused portions of service.
Client agrees that he or she has the necessary knowledge to create Client Web space. Client agrees that it is not the responsibility of BigLeegs to provide this knowledge or Customer Support outside of the defined service of hosting.
BigLeegs makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. BigLeegs.com also disclaims any warranty of merchant-ability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause, or errors or omissions of the Client. Use of any information obtained by way of BigLeegs is at the Client's own risk, and BigLeegs specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and does not represent guarantees of available end to end bandwidth. BigLeegs 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.
The Client agrees to make use of BigLeegs server primarily for the purpose of hosting a web site, and associated email functions. Servers are shared with other clients, and as such IRC-related activities or severely CPU intensive CGI scripts (e.g. chat scripts, scripts which have bugs causing them to not close properly after being run) are not encouraged. IRC bots specifically may not be run on any BigLeegs server, and if your processes are adversely affecting server performance disproportionately BigLeegs reserves the right to negotiate additional charges with the Client and/or the discontinuation of the offending processes.
Client warrants that it has the right to use the applicable trademarks, if any.
Client is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access BigLeegs.
BigLeegs makes no representations, warranties or assurances that the Client's equipment will be compatible with the BigLeegs service.
Client certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the "client" in terms of this contract.
This contract may be terminated by either party, without cause, by giving the other party 30 days written notice. BigLeegs will accept termination by electronic mail.
Notwithstanding the above, BigLeegs may terminate service under this contract at any time, without penalty, if the Client fails to comply with the terms of this contract, including non-payment. BigLeegs reserves the right to charge a reinstatement fee equal to 1/12th the yearly cost of service.
Client expressly agrees that use of BigLeegs Server is at Client's sole risk. Neither BigLeegs, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that BigLeegs Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the BigLeegs Server service, unless otherwise expressly stated in this contract. Down time is negligible, and over-use of bandwidth provided or space provided will cause down time with your account. Please pay special attention to the bandwidth and space usage provided for your individual needs.
Under no circumstances, including negligence, shall BigLeegs, its offices, agents or any one else involved in creating, producing or distributing BigLeegs Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the BigLeegs Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to BigLeegs records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on BigLeegs Server service.
Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Client paid during the term of this contract and any reasonable legal fee and court costs.
Client may only use BigLeegs Server for lawful purpose. Transmission of any material in violation of any Country, Federal, State or Local regulation is prohibited. To this effect, child pornography or pornography in any form is strictly prohibited as well as housing any copyrighted information on BigLeegs Server for the purpose of illegal distribution or infringement. Client agrees to not have any content on their site that advocates, sells or in any way makes available tools or methods to send unsolicited e-mail or usenet postings (spam), or to use BigLeegs Servers for relaying unsolicited e-mail or usenet postings, or to use unsolicited e-mail or usenet postings to advertise for their site hosted at BigLeegs. Any complaint we receive about a violation of this or the preceding two points will be taken very seriously and will result in immediate account cancellation without a refund.
Client agrees that it shall defend, indemnify, save and hold BigLeegs harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against BigLeegs, its agents, its clientele, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless BigLeegs against Liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with BigLeegs Server; any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement; any defective product which Client sold on BigLeegs Server.
These Terms and Conditions constitute the entire Contract and understanding of the parties to this contract.
Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by both parties upon renewal of services.
This page was last updated 01/14/2008 11:15:31 AM
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