Terms of Service (TOS): Acceptable Use Policy (AUP) and Service Level Agreement (SLA)
BIGBYTES.NET provides web hosting services and thus has certain legal and ethical responsibilities. By Participating in this program owned by BigBytes.Net, you agree to its terms and conditions ("the Agreement"). "BigBytes.Net", "we" and "our" mean BIGBYTES.NET and "You", "Client" and "Customer" mean you, the client.
All users of BIGBYTES.NET's services, and all customers upon signing up for BIGBYTES.NET's services, agree to comply with BIGBYTES.NET's Terms of Service (TOS), Acceptable Use Policy (AUP) and Service Level Agreement (SLA). The purpose of this is to ensure customers are using BIGBYTES.NET's services with due regard to the rights of other Internet users and in conformity with the requirements of BIGBYTES.NET's network environment. This agreement is not exhaustive and BIGBYTES.NET reserves the right to add, delete, or modify any provision at any time without notice. Any complaints about a customerís violation of this agreement should be sent to firstname.lastname@example.org. This agreement supersedes any other agreement with BIGBYTES.NET, whether written, oral, by conduct, or otherwise.
Acceptable Use Policy (AUP)
BIGBYTES.NET's Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what we expect of them while using the service. All users of BIGBYTES.NET's hosting services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).
Use of BIGBYTES.NET Service constitutes acceptance and agreement to BIGBYTES.NET's AUP as well as BIGBYTES.NET's TOS (Terms of Service).
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet to disseminate information to others.
We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of your account with BIGBYTES.NET.
Violations of this AUP include:
Sending unsolicited bulk and/or commercial messages over the Internet or USENET. When receiving a complaint, BIGBYTES.NET has sole discretion to determine whether the message(s) is considered as SPAM or not. Maintaining an open SMTP relay is also prohibited. SPAM is not only harmful and considered illegal but it also slows down the network and servers.
Pornography, nudity, and sex-related merchandising are prohibited. This includes sites that may infer sexual content; links to such adult content elsewhere are also prohibited. We disallow adult content due to the high resource such sites can use. If you are not sure whether your site is considered to have adult content or not, please contact us.
Harm to minors
Use of the BIGBYTES.NET service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
Sites that promote any illegal activities, such as Warez sites, FXP are prohibited; links to such materials are also prohibited. Actual files, including but not limited to pirated software, hacker programs, cracks, and MP3 files, are strictly prohibited from being stored on our servers. Violators' account will be canceled and monies will be forfeit. Any account launching a Denial of Service from our server(s) against any other server will be terminated without prior notice. Any account that is attempting or has attempted to successfully or unsuccessfully exploit any of the server's services, including but not limited to the http server or ssh server, or attempting to gain root access will have their account terminated without notice.
Intellectual Property Violations
Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Violators' account will be canceled and monies will be forfeit.
Running any process that requires more than 30 CPU seconds, or using more than 5% of all available system resources at any time is prohibited. Running stand-alone, unattended server-side processes at any point in time on the server is also prohibited. This includes any and all daemons, such as IRCD. Running any software that interfaces with an IRC (Internet Relay Chat) network is prohibited as well.
Background Running Daemons
Background Daemons and or Programs in general are prohibited on BIGBYTES.NET servers, including, but not limited to, IRC bots, eggdrop, BitchX, XiRCON and any other program that interferes with normal server operation. We reserve the rights to cancel any accounts found with such Daemons and/or Programs and forfeit any monies paid to BIGBYTES.NET.
Due to their use of flat files instead of databases, we do not allow the use of UBB or YABB bulletin boards. Use of these boards results in system performance degradation and cannot be allowed in our shared hosting environment. We suggest using vBulletin, Invision or phpBB2 as a more efficient, database-driven alternative to these bulletin boards.
We reserve the right to disable any CGI scripts that might threat the security and/or stability of the server at any time.
Engaging in activities, whether lawful or unlawful, that BIGBYTES.NET determines to be harmful to its clients, operations, reputation, goodwill, or customer relations.
Terms of Service (TOS) and Service Level Agreement (SLA)
Establishment of this service is dependent upon receipt by the BIGBYTES.NET of payment of stated charges. Payments are due and will be automatically deducted from your credit card on the monthly/quarterly/semi-annual/annual anniversary date of the day you opened your account (both domain name and web hosting account). Clients who chose to pay via bank deposit should make payment on or before it's due date based on day you opened your account.
BIGBYTES.NET offers a full 30-day money back guarantee on its "shared hosting" and "reseller hosting" services. After the first 30 days, all payments are non-refundable. Violations of the AUP and/or TOS automatically void the 30-day money back guarantee. A full refund will be given within the first 30 days of an account begin paid, no questions asked - if you cancel your service with us. BIGBYTES.NET must be made aware of such issues using our support trouble ticket system and have ample time to correct such issues before refunding payment back to customer. All set-up fees, domain name registration/transfer purchases, and leased software is non-refundable. After customers initial 30 days, you may cancel at anytime with 15 days written notice to us. At such time monthly subscribers will not be billed for the following full months payment. There is no pro-rated hosting refund offered when you cancel your account after your initial 30-day period. Money-Back Guarantee does not apply to dedicated server hosting, domain name registrations, SSL Purchases, or Software Leases. If you cancel a package/account which includes a SSL Certificate that certificate will be cancelled and all leased software licenses will be cancelled.
Credit Card Disputes/Chargebacks
BIGBYTES.NET has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at BIGBYTES.NET's discretion. A charge of $35.00 per chargeback will be assessed to all accounts that receive a chargeback.
BIGBYTES.NET guarantees that the servers and connectivity will be available at least 99% per calendar month, excluding scheduled maintenance outages and circumstances beyond our control (i.e. down routers, DoS attacks, web site configuration issues, mis-configured customer scripts and applications, etc.). In the event that the monthly outages exceed 1% or 437.76 minutes, BIGBYTES.NET will credit, at the request of the Client, 10% of the Client's monthly fee per additional 30 minutes of outages, up to 100% of the Client's monthly fee. The Client must request the credit within 30 days of the end of the calendar month where the outages occurred. Violations of the AUP and/or TOS automatically void the Uptime Guarantee.
How is the 437.76 minutes calculated?
There are 365 days per year divided by 12 months in a year = 30.4 days per month. And there are 60 minutes in an hour, 24 hours in a day so 1440 minutes in one day. So 30.4 days per month times 1440 minutes each day is 43776 minutes per month. 1% of that is 437.76 minutes a month, or 7.2 hours a month.
This guarantee applies to the network connectivity and server uptime, but does not apply to "acts of god" or "war" or other issues outside of our control. If you have a dedicated server through our network, the same applies. Both web hosting and dedicated server customers SLA does not cover any load issues caused by illegal or mis-configured customer software running on the server. Connectivity is measured as the ability of the server to transmit and receive data, that means if mySQL is down but your website is still working and/or your email is working there is no downtime. Downtime is complete website inaccessibility.
To be eligible for this SLA, your account must be in good standing. To be have your account credited under the SLA a trouble ticket must be submitted and verified and you must provide third party documentation verifying the downtime. All requests for credit should be made to the billing department with a trouble ticket number. Any customer within the BIGBYTES.NET Network automatically qualifies to participate in this SLA.
Failure to Pay.
BIGBYTES.NET reserves the right to temporary denies service or terminates this Agreement upon the failure to pay of the Client.
All cancellation requests must be sent to email@example.com and must be made with at least 5 days notices but no more than 10 days. You must have all account information to cancel.
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form. BIGBYTES.NET will monitor Customer's bandwidth and disk usage. BIGBYTES.NET shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in BIGBYTES.NET sole and absolute discretion. If BIGBYTES.NET takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, BIGBYTES.NET may, at its sole discretion, collect a deposit, in an amount determined by BIGBYTES.NET, against customer's credit card on file with BIGBYTES.NET.
System and Network Security.
Users are prohibited from violating or attempting to violate the security of the BIGBYTES.NET Network. Violations of system or network security may result in civil or criminal liability. BIGBYTES.NET will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
Accessing data not intended for such user or logging into a server or account, which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
Forging any TCP/IP packet header or any part of the header information in any e-mail or forum posting.
Taking any action in order to obtain services to which such user is not entitled.
Attempting to couple many hosting packages together to take advantage of massive space or bandwidth allocations. Each hosting package purchased is unique to a domain name and use - please do not purchase multiple "plan 1's" for instance to get the combined bandwidth & space. BIGBYTES.NET will stop such transactions and label them as deceptive. We have an upgrade path for all services and we can often times work out special deals for users if they ask us for the assistance.
If you are found to be promoting any illegal activities, including but not limited to Warez, FXP, Hacking Tools, Cracks, MP3 that you do not own the rights or if you are linking to such materials and/or storing such materials on BIGBYTES.NET's servers, your account will be terminated without further notice, monies paid to the BigBytes.Net will be forfeit and you will be charged a $250 per hour charge for Administration Fee and Investigation cost if you are directly responsible.
Client agrees not to SPAM using BIGBYTES.NET's servers and/or network, explained in the AUP. Violations of this policy carry severe penalties, including termination of account.
BIGBYTES.NET reserves the right to charge a $500 administration fee and investigation cost due to violation(s) of this policy if you are directly responsible.
BIGBYTES.NET reserves the right to terminates the Client's account without further notice due to violation(s) of this policy.
BIGBYTES.NET reserves the right to take legal actions against the violator due to violation(s) of this policy.
We also monitor "Bulk E-mail". While cpanel has a mailing list program installed, any mailing over 2500 messages must be pre-approved. In addition, any site sending over 500 messages per day will be considered "Bulk". Bulk e-mail ties up the mail queue and delays messages for other users. Therefore, we must limit the amount of use on any shared server. There are some arrangements that can be made to accommodate a user with a large list which includes extra fees and special mail scheduling software. Please be aware that posting to Free for All web pages could generate "bulk email" from autoresponders of the FFA list users you have posted to. We may need to take action if these autoresponders are spamming the server and causing the mail queue too many delays.
Pornography, nudity, and sex-related merchandising are prohibited. This includes sites that may infer sexual content; links to such adult content elsewhere are also prohibited. We disallow adult content due to the high resource such sites can use. If you are not sure whether your site is considered to have adult content or not, please contact us
Refusal of Service.
BIGBYTES.NET reserves the right to refuse or discontinue service to anyone at BIGBYTES.NET' sole discretion. BIGBYTES.NET may deny Client access to all or part of the service without notice if Client engages in any conduct or activities that BIGBYTES.NET in its sole discretion believes violates any of the terms and conditions in this agreement. BIGBYTES.NET shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that BIGBYTES.NET 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.
Liability and Indemnification.
The parties agree that in no event shall BIGBYTES.NET be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement.
Client agrees that it will defend, indemnify, and hold harmless BIGBYTES.NET from any and all demands, fines, liabilities, losses, costs, claims, and expenses, including attorney's fees, asserted against BIGBYTES.NET, its employees, officers, agents, and directors that may arise or result from any service provided or performed, or agreed to be performed, or any product sold by Client, its employees, officers, agents, and directors.
BIGBYTES.NET assumes no liability of the Client for failure to follow this Agreement and any results caused by the acts, omissions or negligence of the Client, sub-contractor or an agent of Client or an employee of any one to them, including, but not limited to, claims of third parties arising out of or resulting from or in connection with the Client's products, messages, programs, caller contracts, promotions, advertising, infringement or any claim for libel or slander or for violation of copyright, trademark or other intellectual property rights.
The term of this Agreement will continue until a notice of cancellation by BIGBYTES.NET or Client is given, or until terminated under other provisions of this Agreement. BIGBYTES.NET reserves the right to terminate this Agreement without cause upon notification to the Client. BIGBYTES.NET may further terminate this Agreement immediately without notice at any time the Client breaches any part of this Agreement, or if any program or facility used by BIGBYTES.NET to implement this Agreement is disrupted or terminated for any reason.
Disclaimer of warranty.
BIGBYTES.NET will not be held responsible for any damages you or your business may suffer. BIGBYTES.NET makes no warranties of any kind, expressed or implied, for services rendered. BIGBYTES.NET disclaims any warranty or merchantability or fitness for a particular purpose. BIGBYTES.NET 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. BIGBYTES.NET will not be responsible for consequential damages or punitive or exemplary damages under any circumstances. In no case will Client be entitled to recover damages from BIGBYTES.NET.
In the event Client defaults in any provision or fails to perform pursuant to this Agreement, BIGBYTES.NET will be entitled to damages, costs, and attorney's fees from the Client.
Client is responsible for the backup of it's website(s) and files. We will make every reasonable attempt to avoid unexpected server downtime and to ensure that all accounts are well taken care of. We cannot predict server downtime.
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement, including the Exhibits, attachments and/or addenda, if any, represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by BIGBYTES.NET. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the Philippines, except with regard to its conflict of law rules. This Agreement and BIGBYTES.NET policies are subject to change by BIGBYTES.NET without notice.