Website Hosting Terms of Service

1. ACCEPTANCE OF TERMS

Welcome to the Big Giant Media website hosting community! By agreeing to use Big Giant Media hosting services, you agree to the following Terms of Service (hereafter referred to as "TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.biggiantmedia.com/terms-of-service. In addition, when using particular Big Giant Media services, you and Big Giant Media shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Big Giant Media may also offer other services that are governed by different Terms of Service.

2. DESCRIPTION OF SERVICE

Big Giant Media provides users with access to website hosting service (some accounts may include direct access to the hosting server via FTP, provided at Big Giant Media's sole discretion) in addition to email accounts and delivery service with optional web-based administrative features (hereafter referred to as the “Service”). You understand and agree that the Service may include certain communications from Big Giant Media, such as service announcements, administrative messages and payment receipts, and that these communications are considered part of Big Giant Media membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Big Giant Media properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Big Giant Media assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user files or communications. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.

3. REFUSAL OF SERVICE

Big Giant Media reserves the right to refuse any service to any organization or individual for any reason. You acknowledge that Big Giant Media may not be held liable for any decision to so refuse or provide service.

4. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any Service registration form or Big Giant Media website hosting Service representative (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Big Giant Media has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Big Giant Media has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

5. BIG GIANT MEDIA PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.biggiantmedia.com/privacy-policy.

6. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive User Name and Password designations for each of your email accounts once your access to the Service has been established. You may also receive a User Name and Password designation to use for accessing the Big Giant Media website hosting servers via FTP. You are responsible for maintaining the confidentiality of the User Name and Password, and are fully responsible for all activities that occur under the User Name and Password. You agree to (a) immediately notify Big Giant Media of any unauthorized use of your User Name and Password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Big Giant Media cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.

7. SUBSCRIBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Big Giant Media, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Big Giant Media does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Big Giant Media be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

• upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
• harm minors in any way
• impersonate any person or entity, including, but not limited to, a Big Giant Media official, or falsely state or otherwise misrepresent your affiliation with a person or entity
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service
• upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
• upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party
• upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as designated e-commerce sites) that are designated for such purpose
• upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
• interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service
• intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law
• "stalk" or otherwise harass another
• collect or store personal data about other users

Big Giant Media expressly forbids anyone from using the Service systems for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material.

The designation of any materials as such described above is left entirely to the discretion of Big Giant Media.

You acknowledge that Big Giant Media may not pre-screen Content, but that Big Giant Media and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Big Giant Media and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge that in the event Big Giant Media terminates your service for violation of this clause, any deposits, prepayments, or other monies held by Big Giant Media and any rights, privileges, or other consideration granted under any guarantees, warranties, either express or implied, are forfeited by you. This shall not be deemed to construe that Big Giant Media makes any warranty of any kind.

You acknowledge, consent and agree that Big Giant Media may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Big Giant Media, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

8. SPAM POLICY

Users of the Service may not, at any time, transmit from or through the Service, email advertisements to any company or individual who has not previously requested information, either by an online WWW Guestbook, email, or some other form of previous contact. Participation in such activities constitutes a breach of this TOS agreement and is grounds for termination of service.

9. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

10. CONTENT POSTED TO OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

Big Giant Media does not claim ownership of Content you post to, or make available through, the Service. However, with respect to Content you post to, or make available for inclusion on, publicly accessible areas of the Service, you grant Big Giant Media the following world-wide, royalty free and non-exclusive license(s), as applicable:

With respect to Content (including photos, graphics, audio or video) you post to, or make available for inclusion on, publicly accessible areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (within the context it was posted or made available) and to incorporate such Content into other works in any format or medium now known or later developed solely for the purpose of promoting the Service.

"Publicly accessible" areas of the Service are those areas of the Big Giant Media network of properties that are intended by Big Giant Media to be available to the general public. By way of example, publicly accessible areas of the Service would include all files submitted for inclusion on websites made available via the World Wide Web. However, publicly accessible areas of the Service would not include any portions of Big Giant Media email servers, private FTP upload areas, or areas off of the Big Giant Media network of properties such as portions of World Wide Web sites that are accessible through hypertext or other links but are not hosted or served by Big Giant Media.

11. INDEMNITY

You agree to indemnify and hold Big Giant Media, and its affiliates, officers, agents, contractors or other partners, and employees, harmless from any claim, damage, expense, cost, or loss, including reasonable attorneys' fees arising out of this agreement, the performance or breach thereof, the service Big Giant Media provides to you, the failure of Big Giant Media to provide such service, your violation of the TOS, or your violation of any rights of another including, but not limited to claims for direct, indirect, special, consequential, or punitive damages, or lost profits or revenues over copyright infringement, defamation, libel, or denial of service.

12. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Big Giant Media User Name and Password), use of the Service, or access to the Service.

13. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Big Giant Media may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Big Giant Media's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time.

Certain types of software which are deemed to use excessive system resources may not be installed. Only the publicly installed versions of these types of programs, if any, may be used. such software includes, but is not limited to Web chat software, and mailing list software.

You agree that Big Giant Media has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Big Giant Media reserves the right to terminate accounts that violate any of the TOS agreement, and subsequently delete all Content maintained or transmitted by the Service. You further acknowledge that Big Giant Media reserves the right to modify these general practices and limits from time to time.

14. MODIFICATIONS TO SERVICE

Big Giant Media reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Big Giant Media shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

15. PAYMENT FOR SERVICES

Big Giant Media accepts payment in the form of company and personal checks, money orders, certified cashiers' and bank checks, international monetary drafts drawn on U.S. funds, MasterCard, and Visa. Cash payments may be made in person only. DO NOT SEND CASH THROUGH THE MAIL. All Big Giant Media invoices are due upon receipt unless explicitly stated otherwise on the invoice.

Recurrent payment for the Service may be made through automatic credit card billing. You must complete, sign, and return the Credit Card Authorization Form before recurring charges can be billed to your credit card.

You acknowledge that any invoice issued to you by Big Giant Media for use of the Service that remains unpaid 30 days after its issuing date is determined to be PAST DUE. Past due accounts with balances in excess of $10 can be immediately assessed a late charge of 15%, and a 1.5% monthly service charge is payable on all overdue balances. You agree to pay such late fees.

Any account 60 or more days past due may be submitted to a national collection agency for collection action. You accept liability for any costs incurred by Big Giant Media in the collection of any amounts owed by you to Big Giant Media, including, without being limited to collection agency fees, reasonable attorney's fees, court costs, legal fees, postage and courier fees, long distance telephone charges, and employee labor costs.

You acknowledge that accounts determined to be past due may be suspended at any time. Data in such accounts may be withheld or deleted by Big Giant Media pending payment of all outstanding charges on the suspended account and others held by you.

Billing for use of the Service takes place on the first business day of each month, one month in advance. The initial invoice for a new account will include a pro-rated amount for the remaining days of the month in which you register for service, as well as a charge for the entire following month; this invoice will be generated on the first business day of said following month. All subsequent invoices will include only the applicable charges for one month’s service.

16. TAXES

Big Giant Media shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from you by any outside party. You agree to take full responsibility for all taxes and fees of any nature associated with such products sold through the use of the Service.

17. DOMAIN NAME REGISTRATION

You acknowledge that it is your sole responsibility to purchase, pay for, and renew through a licensed registrar any domain names registered to you and associated with websites posted on the Service. You agree that Big Giant Media shall be held harmless in the event that a domain name becomes unavailable or expires at any time during the course of this agreement.

18. TERMINATION

You agree that Big Giant Media may, under certain circumstances and without prior notice, immediately terminate your Big Giant Media account, any associated email addresses, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) accounts deemed to be PAST DUE. Termination of your Big Giant Media account includes (a) removal of access to all offerings within the Service, (b) deletion of your User Name and Password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Big Giant Media's sole discretion and that Big Giant Media shall not be liable to you or any third-party for any termination of your account, any associated email addresses, or access to the Service.

You may voluntarily terminate your service at any time. To do so, you must submit your request in writing to Big Giant Media at the following address no later than 30 days in advance of the date you wish your service to end.

Big Giant Media
Account Services
P.O. Box 1752
Temecula, CA 92593-1752

Or email:
accounting@biggiantmedia.com

All voluntary account closures must be requested in writing. You agree to pay for all services rendered, including, without being limited to, monthly service ordered from the time of setup through the date of account closure as requested in writing.

19. BIG GIANT MEDIA'S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Big Giant Media, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Big Giant Media grants you a personal, non-transferable and non-exclusive right and license to use the Service.

20. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BIG GIANT MEDIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

BIG GIANT MEDIA MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO MATERIAL RECEIVED AS PART OF AN EMAIL MESSAGE OR ATTACHMENT, IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BIG GIANT MEDIA OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

21. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BIG GIANT MEDIA SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BIG GIANT MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iii) ANY OTHER MATTER RELATING TO THE SERVICE.

22. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 20 AND 21 MAY NOT APPLY TO YOU.

23. NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.

24. NOTICE

Big Giant Media may provide you with notices, including those regarding changes to the TOS, by either email, or regular mail.

25. TRADEMARK INFORMATION

Big Giant Media, Inc.; the Big Giant logo; Think BIG, Be BIG; and other Big Giant Media logos and product and service names are trademarks of Big Giant Media Inc. (hereafter referred to as the "Big Giant Media Marks"). Without Big Giant Media's prior permission, you agree not to display or use in any manner, the Big Giant Media Marks.

26. GENERAL INFORMATION

Entire Agreement. The TOS constitute the entire agreement between you and Big Giant Media and govern your use of the Service, superceding any prior agreements between you and Big Giant Media. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Big Giant Media services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The TOS and the relationship between you and Big Giant Media shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Big Giant Media agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Riverside, California.

Waiver and Severability of Terms. The failure of Big Giant Media to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your Big Giant Media account is non-transferable and any rights to your Big Giant Media I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

27. VIOLATIONS

Please report any violations of the TOS to a Big Giant Media Customer Care representative:

(951) 698-7774
info@biggiantmedia.com

Last Updated: 11/08/24