Privacy Policy
General Terms of Service
1.
This contract may be terminated by either party, without cause, by giving the
other party 14 days written notice. BigCloudnet Global Web Server will accept termination
by electronic mail. Notwithstanding the above, BigCloudnet Global 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. BigCloudnet Global Web Server reserves the right to charge a
reinstatement fee.
Termination
2. 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.
3. BigCloudnet Global 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. BigCloudnet
Global reserves the right to take any action upon unmanaged dedicated servers
it deems necessary at any time to protect the security and integrity of BigCloudnet
Global network.
4. any security patches for all installed
software must be applied within 7 days of their general announcement to the
security community at large.
5. the kernel will be patched within 7 days
of any announced security hole relating to the kernel
6. 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:
7. For managed servers, BigCloudnet Global
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). BigCloudnet Global 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. BigCloudnet Global reserves the right to
alter the dedicated server packages advertised on its website at its
discretion. BigCloudnet Global 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.
9. 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 BigCloudnet Global and shall incur an
additional one-time labor fee of $100 for each incident.
10. Hardware upgrades to an existing
'platform' (platform defined as a motherboard/chassis combination) will be
performed by BigCloudnet Global and shall incur an additional one-time labor
fee of $100 as well as an increase to Customer's standard monthly rate.
11. Usage-Billing BigCloudnet Global Plan: Any termination will
result in the customer being billed for usage, rounded up to the nearest hour.
12. Pre-Paid Billing BigCloudnet Global Plan: Any termination or
upgrade will result in a refund of the prorated value of the plan for the last
billing period.
13. 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 BigCloudnet Global
mid-way through the term. Services will be billed on a monthly basis; existing BigCloudnet
Global 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 BigCloudnet
Global services will result in the following refund and billing
procedures:
14. BigCloudnet Global is under no obligation to compensate
Customer for downtime, whether the downtime be caused by Customer, BigCloudnet
Global Web Server, or BigCloudnet Global upstream providers.
15. Bandwidth pricing and measurement frequency is subject
to change at BigCloudnet Global discretion. Customers affected by such
changes will be notified no less than thirty (30) days in advance by BigCloudnet
Global Web Server.
BigCloudnet Global Dedicated Server
16 BigCloudnet Global assessment of downtime begins when
Customer opens a support ticket to report the problem.
17. 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 BigCloudnet Global systems for reasons other than previously
announced scheduled maintenance, coding or configuration errors on the part of
the Customer.
18. BigCloudnet Global guarantees 95 % uptime.
Guaranteed Uptime
19. BigCloudnet Global Web Server makes no representations,
warranties or assurances that the Customer's equipment will be compatible with
the BigCloudnet Global Web Server service.
20. The customer is responsible for and must provide all
telephone, computer, hardware and software equipment and services necessary to
access BigCloudnet Global Web Server.
Hardware, Equipment, & Software
21. 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.
Trademarks & Copyrights
22. All domain names registered through BigCloudnet Global or its
previous domain registration site, domainitron.com, that are 'parked' or are
otherwise not immediately associated with a BigCloudnet Global 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 BigCloudnet
Globalcom. The Coming Soon web page may be modified at any time by BigCloudnet
Global without prior notice to you and may include such things as, without
limitation, links to additional products and services offered by BigCloudnet
Global
21. BigCloudnet Global 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",
BigCloudnet Global Web Server may, at its option and at any time, reject this
material, including but not limited to after it has been put on BigCloudnet
Global Web Server's Server. BigCloudnet Global 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 BigCloudnet Global Web Server. If the Customer fails to modify
the material, as directed by BigCloudnet Global Web Server, within a reasonable
period of time, which shall be determined between the parties themselves, the
contract shall be deemed to be terminated.
22. BigCloudnet Global Web Server makes no warranties or
representations of any kind, whether expressed or implied for the service it is
providing. BigCloudnet Global 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 BigCloudnet
Global Web Server is at the Customer's own risk, and BigCloudnet Global Web
Server specifically denies any responsibility for the accuracy or quality of
information obtained through its services. Any mention of connection speeds
associated with BigCloudnet Global services represents the maximum
achievable speed. BigCloudnet Global 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!). BigCloudnet Global 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.
23. The opening of multiple accounts or service plans in
order to bypass any restrictions or overage charges set forth by BigCloudnet
Global is grounds for termination of all services.
24. BigCloudnet Global Web Server reserves the right to
disconnect any website or server deemed to present a security threat to BigCloudnet
Global customers, servers, or network.
25. 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.
26. BigCloudnet Global Web Server reserves the right to
police its network to verify compliance with all agreed upon Terms.
27. BigCloudnet Global 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.
28. 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 BigCloudnet Global Web Server to provide this knowledge or
Customer Support outside of the defined service of BigCloudnet Global Web
Server.
29. CGI-Scripts: requires a knowledge of the UNIX
environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
30. Web Publishing: requires a knowledge of HTML, properly
locating and linking documents, FTP Webspace contents, Graphics, text, Sound,
image mapping, etc.
31. The following examples are offered:
32. Use of BigCloudnet Global 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.
33. &nbs
