Terms of Service

Last updated on: November 2025.

BigScoots Terms of Service

Last updated on: May 6, 2026. 

The BigScoots terms of service is entered by and between you (“you” “your” or “client”) and BigScoots (“BigScoots”, “we”, “us”). The following terms of services, together with any document that is expressly incorporated by reference (collectively, “TOS”), governs your access and use of BigScoots.com, including any content functionality, and services offered on or through BigScoots.com (“Website”) and your access and use of the services we offer (collectively “Services”).  

Please read the TOS carefully before you start to use the Website or the Services. By accessing and using the Website or any of our Services, or by otherwise indicating your assent to these TOS in connection with the ordering process for any Services (whether by clicking “I accept,” checking a box indicating acceptance, or otherwise submitting an order form to us that incorporates these TOS), you represent your complete acceptance, agree to be bound and comply with the BigScoots TOS and our Privacy Policy, found at https://www.bigscoots.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these TOS or the Privacy Policy, you must not access or use the Website or the Services. 

This Website and Services are offered and available to users who are sixteen (16) years of age or older. By using this Website and accessing our Services, you represent and warrant that you are of legal age to form a binding contract with BigScoots. If you do not meet the requirement, you must not access or use the Website or any of the BigScoots Services. 

Article I. Website 

1. Accessing the Website and Account Security 

We reserve the right to withdraw or amend this Website and any services or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. 

You are responsible for both: 

  • Making all arrangements necessary for you to have access to the Website. 
  • Ensuring that all persons who access the Website through your internet connection are aware of these TOS and comply with them. 

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy (https://www.bigscoots.com/privacy-policy), and you consent to all actions we take with respect to your information consistent with our Privacy Policy. 

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. 

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these TOS. 

2. Intellectual Property Rights 

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by BigScoots, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. 

This TOS permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows: 

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. 

You may store files that are automatically cached by your Web browser for display enhancement purposes. 

You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution. 

If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. 

You must not: 

  • Modify copies of any materials from this site. 
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text. 
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. 

You must not access or use for any commercial purposes any part of the Website or any Services or materials available through the Website. If you wish to make any use of material on the Website other than that set out in this section, please address your request to: marketing@bigscoots.com. 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the TOS, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by BigScoots. Any use of the Website not expressly permitted by these TOS is a breach of these TOS and may violate copyright, trademark, and other laws. 

The BigScoots name and all related names, logos, product and service names, designs, and slogans are trademarks of BigScoots or its affiliates or licensors. You must not use such marks without the prior written permission of BigScoots. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners. 

3. Prohibited Uses 

Some examples of unacceptable uses of our Website include but not limited to: 

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise. 
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation. 
  • To impersonate or attempt to impersonate BigScoots, a BigScoots employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing). 
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm BigScoots or users of the Website, or expose them to liability. 

Additionally, you agree not to: 

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website. 
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website. 
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these TOS, without our prior written consent. 
  • Use any device, software, or routine that interferes with the proper working of the Website. 
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. 
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. 
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack. 
  • Otherwise attempt to interfere with the proper working of the Website. 

4. User Contributions 

The Website may allow clients to post, submit, publish, display, or transmit (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the TOS. 

Any User Contribution you post on the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website or through our Services, you grant BigScoots, its affiliates and service providers, and each of their respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material according to your account settings. 

You represent and warrant that: 

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us, our affiliates and service providers, and each of their respective licensees, successors, and assigns. 
  • All of your User Contributions do and will comply with this TOS. 
  • You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not BigScoots, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. 

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website. 

You may not use the Services to reproduce, distribute, or otherwise convey any material that infringes any copyright, trademark, patent, trade secret, or other intellectual property rights of any third party. BigScoots operates in accordance with the Digital Millennium Copyright Act (DMCA) and will respond to all compliant notices of alleged infringement as set forth in Section 5 of this Article. YOU WAIVE AND HOLD HARMLESS BIGSCOOTS AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. 

However, we do not undertake to review all material before it is posted on the Website or transmitted through our Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

5. Copyright Policy 

5.1 Reporting Claims of Copyright Infringement 

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: 

  • Your physical or electronic signature. 
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works. 
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material. 
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address). 
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law. 
  • A statement that the information in the written notice is accurate. 
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. 

Our designated copyright agent to receive DMCA Notices is: 

BIGSCOOTS LLC 

abuse@bigscoots.com 

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. 

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. 

5.2 Counter Notification Procedures 

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated below. Pursuant to the DMCA, the Counter Notice must include substantially the following: 

  • Your physical or electronic signature. 
  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled. 
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address). 
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled. 
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue. 

Our designated agent to receive Counter Notices is: 

BIGSCOOTS LLC 

abuse@bigscoots.com 

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice. 

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. 

6. Links to Third-Party Websites 

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. 

7. Reliance on Information Posted 

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. 

This Website may include content provided by third parties, including materials provided by other users, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by BigScoots, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of BigScoots. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. 

Article II. Services 

By purchasing or using our Services, you agree to be bound by this Article II. 

1. Services 

1.1 Accessing the Services 

While utilizing any of the BigScoots’ Services you’ve purchased, you are expected to access and use your account responsibly and in compliance with all applicable laws and regulations. 

Upon your initial registration and subject to your compliance with this TOS and timely payment, BigScoots agrees to provide you use of our Services across our entire network. Even though BigScoots does not implement editorial control over any content of any web site (e.g., newsgroup material, e-mails, articles, or personal blogs), BigScoots reserves the right to withdraw, remove or amend any material on your website and any services or material provided on your website in our sole discretion. BigScoots further reserves the right to assist with legal proceedings, whether that is with third parties and/or directly with law enforcement to further examine any suspected or alleged crime or civil offence. Violation of the BigScoots TOS to any extent may result in the immediate suspension or termination of your BigScoots Service. 

BigScoots Services may be monitored for system exploitation, security and fraud risks, and to ensure compliance with the BigScoots TOS, including for resource usage. All risks and/or inappropriate use of any BigScoots Services and/or use that violates the BigScoots TOS will result in swift action taken against the offending client with consequences deemed appropriate by BigScoots. 

Certain of our Services may require the use of software or plug-ins that are proprietary to BigScoots (“our software” or “licensed software”) or may include items licensed to BigScoots for use in the Services (“third-party materials”). BigScoots hereby grants to you a non-exclusive, non-sublicensable, and non-transferable license during the term we provide Services to access or make use of our software solely for your internal business purposes in connection with our Services. You shall not use our software for any purposes beyond the scope of this license. You hereby authorize BigScoots to install our software or third-party materials required to provide the Services selected by you on your websites for the term of any Services. 

1.2 BigScoots Account Activation and Setup 

Service provisioning times vary by Service type and complexity. Services may be provisioned immediately following successful payment and fraud processing, while others may require additional time for manual setup. Contact BigScoots for current setup and migration time estimates. 

You are solely responsible and liable for any uses of our Services or software resulting from access provided by you, directly or indirectly, whether such access or use is permitted by or in violation of these TOS, including for any mistreatment, abuse, or unauthorized access of your BigScoots account. This includes activities on your BigScoots account by family, friends, guests, fellow employees, or anyone else that may act on your behalf, with or without your knowing. 

Your assigned or chosen passwords provides immediate and unrestricted access to your BigScoots account and any other BigScoots Services as applicable. It is your sole responsibility to maintain a secure password at all times and take precautions to restrict unauthorized access to your account through your credentials. BigScoots will not, under any circumstances, be held liable for any mistreatment or abuse of your BigScoots account. 

Any BigScoots client who infringes on or compromises the security of BigScoots or another client will be reported to the appropriate authorities and BigScoots will fully cooperate with law enforcement in any investigation. 

1.3 Data Migration Policy 

BigScoots offers migration service under a best-faith effort policy, and while we have successfully completed many thousands of seamless migrations of all shapes and sizes, BigScoots does not make any guarantees regarding timing or outcomes or take on any liability with potential issues that may arise. BigScoots may charge a migration fee depending on project complexity and/or may deny a migration request for any reason. It is your responsibility to keep backups, stay involved in the migration, ask questions, and fully test the website or application before and after. If any issues are found, BigScoots will work to resolve them under the best-faith effort policy, but does not make any guarantees of any kind. While we perform checks when performing migrations, it is ultimately your responsibility to confirm that everything that was requested to be migrated, has been migrated properly. 

In the event that you request a migration or transition of our Services to another provider, you acknowledge and agree that such transition will not include any license to our software, and that certain aspects of our Services may not be available to transfer to another provider. 

1.4 Resource Usage Limitations 

Each Service plan includes a specific allocation of resources (for example, dedicated physical resources, traffic, bandwidth, storage, concurrent processes, requests, compute, or any other usage metrics or resources as applicable) as described in the applicable order form, pricing page, or Service description (collectively, the “Plan Limits”). You agree to use the Services within the applicable Plan Limits. 

BigScoots may monitor your usage of the Services, as per the BigScoots’ portal, to determine your compliance with the Plan Limits. If your usage approaches or exceeds a specific Service’s Plan Limits, BigScoots may provide you with notification by email, ticket, or in app messaging, which may also include information about available upgrade options or overage pricing. However, this notification is at the sole discretion of BigScoots and failure to notify you that you have (or will) exceed a Service’s Plan Limits does not permit you to exceed the Plan Limits nor does it waive any of BigScoots rights under the BigScoots TOS.  

BigScoots understands that resource usage may occasionally and temporarily exceed the Plan Limits (e.g., short duration, limited in overall impact, and non-regularly reoccurring spikes in visitors or web traffic). BigScoots may, in its sole discretion, permit such temporary overages without requiring an immediate plan change or overage fee. However, if your usage excessively, repeatedly, or continuously exceeds the applicable Plan Limits for a particular Service, we may treat such usage as an excessive or sustained overage. We may from time to time establish and publish internal thresholds (for example, at or around 75%, 90%, and 100% of a Plan Limit, or repeated exceedances across billing periods) for the purpose of identifying customers whose usage may require a different plan or overage billing. 

In the case of an excessive or sustained overage, we may, after providing you with notice: (a) require you to upgrade to a plan that is, in our determination, appropriate for your usage; (b) charge you overage fees at our then-current overage rates; (c) require you to reduce your usage below the Plan Limits; and/or (d) take any other actions as we may deem necessary. In addition, if we reasonably determine that your usage of the Services is abusive, abnormally high, or otherwise threatens the performance, security, or availability of the Services for BigScoots or others (for example, due to sustained automated traffic, misconfiguration, or behavior inconsistent with reasonable use of the applicable plan), we may, with or without prior notice, temporarily or permanently throttle, suspend, or restrict the affected Services, require you to move to a different plan, or terminate the affected Services, in addition to any other rights or remedies available to us under this Agreement. 

We may, upon notification to you, migrate you from a discontinued, legacy, or grandfathered plan to a then-current plan that we reasonably determine is appropriate for your usage. Any such changes will take effect on the date specified in our notice, which will be no earlier than the start of the next billing period unless we reasonably determine that earlier action is required to protect the stability, performance, or security of the Services. 

If you do not agree to a proposed plan change or overage fee, your sole and exclusive remedy is to reduce your usage below the applicable Plan Limits and/or discontinue use of the affected Services before the change or fee becomes effective.  

1.5 Traffic and Billable Usage 

Where a Service plan includes limits or charges based on “Traffic” or similar usage, Traffic will be determined solely and in good-faith by BigScoots’ internal measurement systems. For these purposes, “Traffic” means the aggregate of (a) unique or repeat visits to your website or application, generally measured by unique or repeat IP addresses interacting with your site within a 24‑hour period, and (b) automated requests from approved bots (such as major search engine crawlers). Our systems categorize automated bot traffic; Traffic requests from categorized as being from unapproved or malicious bots are excluded from billable Traffic. Due to BigScoots’ internal measurement methods, Traffic as measured by BigScoots may differ from metrics reported by third‑party tools or analytics (including, without limitation, tools such as Google Analytics), however, only BigScoots’ Traffic measurement will be used for purposes of enforcing Plan Limits and calculating any applicable overages. 

1.6 Server Bandwidth.  

Where a Service plan includes limits or charges based on “Server Bandwidth” (or similar terms such as “server data transfer”), Server Bandwidth (or such similar terms) shall mean the total and aggregate amount of data transferred to and from your server(s) over the applicable billing period, as measured solely by BigScoots’ internal systems at the network and/or hypervisor level. Server Bandwidth shall include all inbound and outbound data transfers associated with your environment (including, but not limited to, web traffic, application/API requests, and file transfers), whether or not such traffic is reported by third‑party analytics tools. Only BigScoots’ measurement of Server Bandwidth will be used for purposes of enforcing Plan Limits and calculating any applicable overages. 

1.7 Enterprise CDN Bandwidth.  

Where a Service plan includes limits or charges based on “Enterprise CDN Bandwidth” (or similar terms), Enterprise CDN Bandwidth shall mean the total and aggregate amount of data transferred through BigScoots’ enterprise content delivery network for delivery of your content to end users over the applicable billing period, as measured solely by BigScoots’ internal CDN and associated logging systems. Enterprise CDN Bandwidth is distinct from Server Bandwidth and Traffic, each of which are monitored and enforced separately. Due to differences in measurement points and methods, Enterprise CDN Bandwidth as measured by BigScoots may differ from bandwidth or traffic figures reported by third‑party tools, and only BigScoots’ measurement will be used for enforcing Plan Limits and calculating any applicable overages. 

1.8 Root and SSH Access 

Jailed SSH access is available to all shared and managed hosting for WordPress clients, but not by default. Please open up a ticket requesting access. Cloud VPS and dedicated clients will have root SSH access to their respective servers. 

1.9 Optimization Services 

BigScoots may engage third-party providers of performance optimization and site delivery services, which may include caching, content delivery network integrations, and worker-based site processing (collectively “Optimization Services”). In connection with Optimization Services: 

  1. You acknowledge and authorize such optimization providers, acting on behalf of BigScoots, to clear and purge site caches and related performance layers on your 
  1. Website(s) as reasonably necessary for service delivery, troubleshooting, updates, or performance optimization. 
  1. If, following a cache clear performed by an optimization provider, your website experiences errors, broken pages, or degraded performance that are attributable to an error or issue arising from the optimization provider’s worker or the Optimization Services (and not due to your site code, third-party plugins/themes, custom configurations, or non-Optimization Services), the optimization provider will be responsible for diagnosing and remediating such related issues. BigScoots will reasonably cooperate with the optimization partner and Customer, but BigScoots will not be responsible for remediation of errors caused by Optimization Services. 
  1. For avoidance of doubt, any responsibility for Optimization Services set forth above does not extend to issues caused by your own content, code, plugins, themes, third-party services not provided by BigScoots or the optimization provider, or configurations done at your direction or request. You remain responsible for maintaining compatible site configurations and for resolving conflicts unrelated to Optimization Services. 
1.10 Protected Health Information  

By purchasing our Services, you acknowledge and agree that, as defined by the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (collectively, “HIPAA”), you are (a) not a covered entity or acting in your capacity as a business associate or subcontractor of a covered entity under HIPAA and (b) if you are a covered entity or acting in your capacity as a business associate or subcontractor of a covered entity under HIPAA, that you will not store, process, or transmit any information using the Services that would be considered Protected Health Information (“PHI”) unless and until a separate Business Associate Agreement (“BAA”) has been executed by the parties. If you are a covered entity, or acting in your capacity as a business associate or subcontractor of a covered entity under HIPAA, you agree to notify BigScoots prior to purchasing our Services, that you are a covered entity, or acting in the capacity as a business associate or subcontractor of a covered entity under HIPAA. BigScoots does not agree to act as your Business Associate under HIPAA unless and until such a BAA has been executed by the parties.  

If you, as a covered entity or acting in your capacity as a business associate or subcontractor of a covered entity under HIPAA, choose to store, process, disclose, or transmit PHI using the Services without a BAA in place, you are violating the BigScoots TOS. To the fullest extent permitted by applicable law, BigScoots disclaims all explicit and implicit warranties, responsibilities, and liabilities, whether based in contract, statute, regulations, equity, or otherwise, arising out of or relating to your use of the Services to store, process, or transmit PHI in violation of the TOS. BigScoots may suspend, cancel, or terminate any account or use of the Services, with or without notice, that violates this subsection 1.10. 

If BigScoots enters into a separate, executed BAA with you, then any PHI may only be used or disclosed as permitted or required by this BAA or as required by law. You are responsible for: (a) determining whether and how you will use the Services with PHI; (b) ensuring that your use of the Services complies with HIPAA and all other applicable laws and regulations; and (c) configuring and using the Services in accordance with any technical and administrative controls we specify for HIPAA Enabled Services. BigScoots does not provide legal or regulatory compliance advice, and you are solely responsible for obtaining your own independent legal advice regarding your HIPAA obligations. 

Only the specific Services, plans, accounts, or environments expressly identified in an applicable order form as “HIPAA Enabled Services” are intended or permitted for use with PHI. You are responsible for ensuring that any PHI you store, process, disclose, or transmit using the Services is confined to such HIPAA Enabled Services. As a covered entity or acting in your capacity as a business associate or subcontractor of a covered entity under HIPAA, you must not use such non-HIPAA Enabled Services for any use, processing, transmission, disclosure, or storage of PHI. 

Due to enhanced regulatory and security requirements, HIPAA Enabled Services may be subject to additional fees, technical and administrative controls, usage limitations, and onboarding requirements, as specified in the applicable order form, or the applicable Service description. We may condition the provision or continuation of HIPAA Enabled Services on your compliance with such requirements, including but not limited to: completing any required security questionnaires, restricting your use of certain features or integrations, agreeing to the use of specific infrastructure or sub processors, or any other requirements that we deem necessary to adhere to HIPAA. 

If there is a conflict between this Agreement and a BAA executed between you and BigScoots, the BAA will control with regard to the provisions addressed in the BAA. You acknowledge and agree that we may use third party service providers (“Subcontractors” as that term is defined by HIPAA) in connection with any HIPAA Enabled Services as described in our-then current Subcontractors list or as otherwise disclosed to you in the BAA or provided documentation. You authorize our use of such Subcontractors for the HIPAA Enabled Services, provided that we remain responsible for any acts or omissions of our Subcontractors under the BAA. BigScoots agrees, in accordance with HIPAA, that any Subcontractors that create, receive, maintain, or transmit PHI on behalf of BigScoots under a BAA shall be required to agree to the same restrictions, conditions, and requirements that apply to BigScoots with respect to such information. 

2. Ownership and Intellectual Property Rights 

2.1 Ownership in Services 

Subject to limited rights expressly granted herein, BigScoots and its licensors reserve all rights, title and interest in and to the Services, our software, plugins, documentation, BigScoots data and the third-party data and third-party materials, including but not limited all of related intellectual property rights. Nothing in these TOS grants, by implication, waiver, estoppel, or otherwise, any rights to you or any third party except as expressly set forth herein. BigScoots and its licensors reserves all rights not expressly granted to you in these TOS. If you seek any permissions to BigScoots’ intellectual property not herein granted (for example, modifying BigScoots’ documentation), then you must request, and receive, permission from BigScoots for your proposed use of BigScoots’ intellectual property, which may include additional terms and conditions. You will make no less than reasonable efforts to safeguard BigScoots’ and its licensors’ proprietary interest in our Services and software and you will ensure your users’ compliance with and be liable for any of your users’ non-compliance with these TOS. In the event of an unauthorized use of or access to our Services or our software of which you become aware, you will promptly notify us and take reasonable measures to end or remedy such unauthorized use or access, including but not limited to obtaining the return or destruction of any of our proprietary software.  

2.2 Ownership in Client Data 

You retain the solely and exclusively rights into all data submitted by you through the use of our Services (“Client Data’”). You hereby grant BigScoots, its Affiliates, and their subcontractors a royalty-free, fully paid-up, worldwide, non-exclusive rights to use, copy, modify and prepare derivative works of Client Data for the purpose of providing you the Services. You agree and acknowledge that BigScoots may use aggregated and de-identified Client Data and statistical data derived from your usage of the Services for any purpose. Client shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and ownership of all necessary rights in all Client Data, and Client bears all risks associated with access to and use of Client. Ownership in Work Product. “Work Product” means any product authored, prepared, developed, or created in connection with the Services. BigScoots shall retain all right, title, and interest in the Work Product. If BigScoots uses Client Data to perform the Services and produce Work Product, then, to the extent Client Data is contained in, or necessary for BigScoots to make use of, any of the Services or Work Product, you hereby grant BigScoots, a royalty-free, fully paid-up, worldwide, non-exclusive, irrevocable and perpetual license to use, copy, modify and prepare derivatives works of such Client Data in connection with BigScoots’ use of the Services and Work Product. 

3. Client Warranties 

3.1 General Warranties 

By purchasing our Services, you represent, warrant and covenant that (a) you have all requisite power and authority to enter into this TOS and to carry out the transactions contemplated hereby, (b) this TOS is a valid and binding obligation of such party and enforceable against it in accordance with its provisions, and your entry into this Agreement does not violate or constitute a breach of any agreement to which it is a party or otherwise bound, (c) you comply with its respective obligations under all applicable laws, including the data and privacy protection laws and regulations, and/or (d) you have and will have the authority and has and will have obtained all consents required to provide BigScoots with all Client Data, including all Personal Data contained in Client Data, and to permit BigScoots to use it in accordance with the TOS. To the extent you collect or process personal information using the services, you represent, warrant, and covenant that you do so in compliance with any applicable privacy laws. For example, use of Cloudflare infrastructure through the services may provide you with the ability to collect geolocation data. If you collect such data, you must do so pursuant to applicable privacy laws and, if required, collect any consents necessary to collect such data. 

4. Term and Termination 

4.1 Term 

This Article II of the TOS will become effective on the date of your purchase of our Services (“Effective Date”) until it terminates in accordance with this TOS. 

4.2 Termination 

Except as otherwise provided in this Agreement, in the Services, or in another agreement with BigScoots, you may terminate this Agreement upon seven (7) days’ written notice to BigScoots prior to the end of the then-current billing term to BigScoots. Your auto-payment will be cancelled in accordance with Article II Section 7 of the TOS.  

BigScoots reserves the right to completely refuse or refuse any amount of Services to you or to suspend, cancel or terminate any account at any time in BigScoots’ sole discretion.  

If you directly or indirectly violate the BigScoots TOS, BigScoots reserves the right to require corrective action and/or terminate any and all services offered to you upon without notice. A delayed action or complete failure on BigScoots’ part to implement this policy for whatever reason will not be construed as a waiver of BigScoots’ right to do so at any time. 

4.3 Termination Effect. 

Upon termination of this Agreement, you shall (a) discontinue to use the Services and all licensed software or third-party materials made available to you in connection with the Services (to the extent not already removed by BigScoots), and (b) delete, destroy, or deliver to BigScoots all materials, documents, software, and other data provided by BigScoots to you. BigScoots will treat all data associated with the termination of an account in accordance with this TOS. 

5. General Content and Behavior Restrictions 

All of the Services provided by BigScoots shall only be used for lawful and ethical purposes. 

Some examples of unacceptable applications of our Service can consist of but are not limited to: 

  • Hosting Video or Music files of which no proof of ownership is available 
  • Internet Relay Chat (IRC) Bots 
  • Illegal adult oriented material 
  • Warez (torrents, cracks, serial keys, etc.) type websites 
  • Proxy scripts 
  • Any hateful material, whether racial, religious, or otherwise 
  • Any sort of password sharing or hack themed website hosting pirated software. 
5.1 Access 

Except as explicitly authorized by BigScoots, you and your authorized users are prohibited from: (a) using your BigScoots account maliciously to breach the security of another BigScoots account or attempt to gain access to another network or server, BigScoots or otherwise; (b) reverse engineering, decompiling, decoding, disassembling, adapting, translating, modifying, or otherwise creating or attempting to create or permit, allowing or assisting any other person or entity attempting to create the Services or any licensed software, in whole or in part, for any purpose, (c) copying, modifying, or creating derivative works of our Services or software in whole or in part; (d) renting, leasing, lending, selling, sublicensing, assigning, distributing, publishing, transferring, or otherwise making our Services or software available to third parties; (e) otherwise attempting to derive or gain access to the source code of our Software, in whole or in part or removing any proprietary notices from our Software; (f) authorizing the use of the Services and/or any licensed software in any manner or for any purpose that infringes, misappropriates or otherwise violates any intellectual property right or other right of any person, or is otherwise unlawful under applicable Law. 

5.2 Distribution of Mischievous Code Or Programs 

Distribution of software to any extent that attempts to cause and/or causes damage, aggravation, or annoyance to any individual, data set or technical device are absolutely forbidden. Examples of such mischievous code or programs can consist of but are not limited to: Trojan horses, computer viruses and internet worms. Any evidence of such an offence having occurred or continues to occur will result in immediate termination of the account in addition to the termination of any associated Services. If applicable, the proper authorities will be notified. 

5.3 File Hosting 

You may not use the Services primarily for file storage, file hosting, or as a download warehouse. Your use of the Service for storage or distribution of games, videos, music files, or backups must remain within the applicable Plan Limits. Big Scoots reserves the right to restrict or remove content that exceeds these limits.  

6. Fees and Payment 

6.1 Auto Billing (Recurring Payments) 

For convenience and to prevent an interruption in Service, BigScoots has employed a reoccurring billing cycle on most monthly, quarterly, semiannual, annual, biannual, and triannual hosting plans, with longer term options available for domain registrations. If you do not want reoccurring payments on your account it is necessary to notify BigScoots at least seven (7) days prior to the payment taking place. Failure on your part to notify BigScoots of your intention to not be billed on a reoccurring basis will automatically result in your account being billed as originally agreed. If you are using PayPal subscriptions, it is your responsibility to cancel with PayPal directly. The fees you paid under this TOS shall be non-refundable except as otherwise set forth in this TOS. 

6.2 Price Change 

BigScoots reserves the right to change the prices and plans listed throughout the BigScoots website in addition to the resources allocated to each of the BigScoots plans at its own discretion for current or future clients. BigScoots may provide you with notification by email, ticket, or in app messaging with information regarding changes to prices, plans, and allocated resources for Services. Any such changes will take effect on the date specified in our notice, which will be no earlier than the start of the next billing period unless we reasonably determine that earlier action is required to protect the stability, performance, or security of the Services. Further, BigScoots has the right to end and/or refuse any promotional codes for any reason for current or future clients.  

6.3 Third-Party Equipment 

As part of the Services, we may resell to you certain third-party products, including hardware and software (collectively, the “Third Party Equipment”). Such Third-Party Equipment is non-refundable, even upon expiration or termination of the Agreement. You acknowledge and agree that we are reselling such Third-Party Equipment and provide no warranty related to nor assume any liability for such Third-Party Equipment. Notwithstanding anything in this Agreement to the contrary, we may pass through to you any price increases imposed by the Third-Party Equipment manufacturer or supplier at any time upon notice to you, with such increase to take effect as of the next monthly billing cycle.  

6.4 Third-Party Licenses 

You acknowledge and agree that BigScoots reserves the right to change the prices charged and plans provided to you with regard to any third-party licenses provided through BigScoots to you, if a third-party vendor increases the price of its licenses or otherwise changes, limits, or modifies the terms or availability of its licenses. BigScoots may provide you with notification by email, ticket, or in app messaging with information regarding changes to prices or plans as a result of third-party license pricing or terms changes. Any such changes will take effect on the date specified in our notice, which will be no earlier than the start of the next billing period unless we reasonably determine that earlier action is required. Similarly, you acknowledge and agree that you will continue to be responsible for third-party license costs during the term of that third-party license, even if the third-party invoicing schedule does not align with BigScoots’ invoicing schedule or would be issued after your plan or agreement with BigScoots terminates or expires. 

6.5 Payment Information 

You understand that in order for BigScoots to process your payments in a timely manner and ensure your Service remains uninterrupted, it is necessary for you to have accurate and up to date payment information on file. Additionally, by agreeing to the TOS, you agree to supply appropriate payment for the Services received from BigScoots in an advanced arrangement for the time period during which such Services are received. You also agree that unless you notify BigScoots a minimum of seven (7) days prior to the completion of your billing period of your desire to revoke any or all Services received, those Services will continue to be billed on a recurring basis. 

6.6 Taxes 

You will pay any sales, value-added or other similar taxes imposed by applicable law that BigScoots must pay, in addition to all amounts payable to BigScoots by you pursuant to the TOS, except for taxes based on BigScoots’ income. If you are exempt from any such tax, you will provide the relevant exemption certificate. You agree to pay applicable taxes in the event of any defect, dispute, or rejection of any such exemption by the relevant tax authorities. 

6.7 Refund, Guarantee And Cancellation Policy 

BigScoots operates under a forty-five (45) day money back guarantee for all first time BigScoots shared and managed hosting for WordPress clients. This guarantee begins on the first date of sale and retains its value for a total of forty-five (45) consecutive days. This guarantee encompasses only the base cost excluding fees such as, but is not limited to, domain costs and software licenses. 

Additionally, BigScoots operates under a seven (7) day money back guarantee for all first time BigScoots managed Cloud VPS hosting, and managed Dedicated hosting clients. This guarantee begins on the first date of sale and retains its value for a total of seven (7) consecutive days. This guarantee encompasses only the base cost excluding fees such as but is not limited to domain costs and software licenses. 

BigScoots currently offers no guarantees or refunds of any kind for domain, backup, physically dedicated or colocation Services unless otherwise agreed to. 

If you wish to cancel any of your BigScoots Services, you may do so by giving seven (7) days’ notices prior to your next billing cycle. This can be done by requesting a cancellation within your BigScoots portal, submitting a ticket requesting a cancellation, or emailing mailto:support@bigscoots.com requesting a cancellation. 

If you used a PayPal subscription with any of your BigScoots Services, you will have to cancel your PayPal subscription agreement with BigScoots yourself within your PayPal account. If you have multiple subscriptions, you will have to do this for each PayPal subscription agreement that is active, else you may send another payment post successful cancellation. Otherwise, if you purchased your BigScoots Services through a credit card, future payments will cease automatically upon successful service termination so long as all past due balances have been paid. 

You may join BigScoots under an annual, semiannual, biannual, triannual, quarterly, or monthly subscription plan. Each subscription period represents a binding commitment to pay for services for the duration of the plan period selected and purchased. All subscription fees are non-refundable and upon registration, you agree to pay the full subscription term fees. 

6.8 Cancellation For Lack of Payment 

Any BigScoots account that has unpaid invoices more than ten (10) days old may be terminated at any time with or without notice. All overdue payments shall bear interest at the rate of 12% per annum (or, if less, the highest rate allowed by applicable law), calculated daily and payable monthly, on the amounts outstanding until payment is received by BigScoots.  

7. Data 

7.1 Data Loss and Backup 

You understand and agree that your use of any of BigScoots Service is at your own risk. BigScoots under no circumstance is responsible or liable for any data held on BigScoots servers or being transmitted through the networks of BigScoots or our partners. Even though BigScoots uses commercially reasonable efforts to maintain technical and organizational measures to mitigate potential data loss by keeping regular backups for shared, Cloud VPS, physically dedicated and managed hosting for WordPress accounts, it remains impossible for BigScoots to guarantee an appropriate backup will always be obtainable. You understand and agree to take full responsibility for any and all data transferred to and from BigScoots servers, as well as any and all data stored on BigScoots servers and to preserve suitable backups of said data. 

Realizing the importance of data backups, BigScoots aims to provide: 14 days of backups on shared plans, 30 days of backups on managed hosting for WordPress plans, 30 days of backups on physically dedicated services, and 2 days of backups on Cloud VPS plans. Although BigScoots performs these backups (typically, though not guaranteed to be, daily), it is in your best interest to consider additional remote backup options as it is not BigScoots’ responsibility to maintain the integrity and availability of your data. 

7.2 Unique Circumstances and Emergencies 

We reserve the right to take any practical and proactive steps that BigScoots deem necessary to maintain the integrity, security, performance and connectivity of our network and hardware. This includes but is by no means limited to actions requiring BigScoots to shut down the BigScoots network, hardware, eliminate clients, as well as deactivate or manipulate the content of certain websites or applications. In unexpected circumstances BigScoots may require a complete deletion of a certain website, e-mail and/or account because of an exploit or abusive behavior. In these situations, BigScoots will make a best-effort to have backups on hand, but it is ultimately the client’s responsibility to maintain up to date backups. 

7.3 Data After Termination 

All data from terminated and cancelled Services and accounts may be instantly deleted and flushed from the BigScoots servers, provided that BigScoots may retain copies of any Client Data preserved, recorded, or saved automatically to standard back-up or archival systems or for litigation purposes for a reasonable period of time. BigScoots is not obliged to return any Customer Data after termination and cancellation of the Services and accounts. It is your sole responsibility to preserve your data and ensure backup of all of your data before canceling your BigScoots account. 

8. Email Policy And Spam 

BigScoots takes steps to reduce unsolicited e-mailing, bulk emailing, and spam in general. Furthermore, applications such as safe lists and double opt-ins will be considered spam. Any BigScoots account that shows evidence of directly or indirectly aiding in or sending out spam will result in the client’s accounts and Services being immediately terminated with or without notice. 

Depending on the severity of the spam, BigScoots may issue a cleanup fee. In this case, the BigScoots account responsible for aiding in or issuing the spam will be charged a fee based on damages. 

BigScoots shared and managed hosting for WordPress clients are capped at 300 emails per hour, exceeding this limit will bounce back to the sender. If for any reason you require more than 300 e-mails per hour as some legitimate mailing lists may, please open a support ticket with your reasoning. 

There are no limits on Cloud VPS, or physically dedicated email services, however these Services cannot be used purely as mail servers and will be monitored regularly. 

BigScoots reserves the right to delete, disable or change any website, application, database, BigScoots account or any component under BigScoots’ control that does not comply with this policy. In certain situations, BigScoots may need to act urgently and in such cases BigScoots reserves the right to do so with or without notice. 

9. Audit 

You shall, upon reasonable written notice and during normal business hours, provide access to and allow BigScoots to inspect and audit the relevant portions of your computers on which any licensed software resides together with any other books and records related to the Services (including without limitation, books and records) in order to confirm your compliance with the terms of this TOS. Promptly following BigScoots’ request therefor, you shall provide to BigScoots, copies of all books and records reasonably requested by BigScoots for the purpose of confirming compliance with the terms of this TOS. 

10. Relationship of Parties. 

The relationship of the parties hereto shall be that of independent contractors. Nothing herein shall be construed to create any partnership, joint venture, or similar relationship or to subject the parties to any implied duties or obligations respecting the conduct of their affairs which are not expressly stated herein. Neither party shall have any right or authority to assume or create any obligation or responsibility, either express or implied, on behalf of or in the name of the other party, or to bind the other party in any matter or thing whatsoever. 

Article III. General Provisions 

1. Disclaimer 

You understand that BigScoots cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, CYBER ATTACK, SECURITY BREACH, VIRUS ATTACK, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. 

YOUR USE OF THE WEBSITE, ITS CONTENT, OUR SOFTWARE, AND OUR SERVICES (INCLUDING ANY OPTIMIZATION SERVICES) OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, OUR SOFTWARE, AND ANY SERVICES EXCEPT WITH RESPECT TO POTENTIAL CREDITS FOR DOWNTIME AS PROVIDED FOR UNDER OUR SERVICE LEVEL AGREEMENT OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BIGSCOOTS NOR ANY PERSON ASSOCIATED WITH BIGSCOOTS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE, ITS CONTENT, OR OUR SOFTWARE, OR ANY SERVICES (INCLUDING OPTIMIZATION SERVICES) OR ITEMS OBTAINED THROUGH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER BIGSCOOTS NOR ANYONE ASSOCIATED WITH BIGSCOOTS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OUR SOFTWARE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

BIGSCOOTS WILL NOT, UNDER ANY CIRCUMSTANCE, BE RESPONSIBLE FOR DAMAGES OF ANY KIND THAT YOUR BUSINESS MAY SUFFER. BIGSCOOTS DOES NOT ASSUME RESPONSIBILITY FOR ERRORS ATTRIBUTABLE TO OPTIMIZATION SERVICES. BIGSCOOTS MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. TO THE FULLEST EXTENT PROVIDED BY LAW, BIGSCOOTS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTY OR MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, HARDWARE AND SOFTWARE FAILURES, HACKING, SABOTAGE, TERRORIST ATTACKS, NETWORK ISSUES, WRONG DELIVERY AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY BIGSCOOTS, ITS EMPLOYEES OR OTHERWISE. 

2. Indemnification 

You agree to defend, indemnify and hold BigScoots, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns harmless from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (1) any Service provided or performed or agreed to be performed or any product sold by you, your agents, employees or assigns; (2) any products sold or otherwise distributed in connection with BigScoots; (3) any material supplied by you (including User Contributions and Client Data) infringing or allegedly infringing on any patent, copyright, trademark or other intellectual property right of a third party; (4) any defective products sold by you to customers from a BigScoots server; (5) your (or your authorized users’) use of our Services or Website; and (6) your violation of this TOS, including but not limited to, your User Contributions, any use of the Website’s content, Services, and products other than as expressly authorized in these TOS, or your use of any information obtained from the Website. 

3. Limitation of Liabilities 

IN NO EVENT WILL BIGSCOOTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, AGGRAVATED, EXEMPLARY OR PUNITIVE DAMAGES NOR LOST PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS TOS, THE WEBSITE OR ANY SERVICES, EVEN IF BIGSCOOTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF BIGSCOOTS AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS IN CONNECTION WITH DELIVERY OF THE SERVICES OR THE WEBSITE, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY CYBER SECURITY INCIDENT OR DATA BREACH) EXCEED THE AMOUNT YOU PAID TO BIGSCOOTS OR IS PAYABLE TO BIGSCOOTS FOR SUCH SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. 

4. Limitation on Time to File Claims 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS TOS, THE WEBSITE, OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 

5. Force Majeure 

Except for your payment obligations, no delay, failure or default in performance of any obligation by either party, shall constitute a breach of this TOS to the extent (a) caused by an act of nature, war, terrorism, strikes, lockouts, trade disputes, fires, pandemic, quarantine restrictions, governmental actions, intentional, malicious or reckless acts of third parties or other events beyond the reasonable control of such party, or (b) indirectly arising from any such events and resulting in a material increase in the cost, risk of liability or danger associated with such party’s performance. 

6. Titles and Headings; Waiver; Severability 

The titles and headings of this TOS are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the TOS of the parties as otherwise set forth herein. No waiver by BigScoots of any term or condition set out in these TOS shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of BigScoots to assert a right or provision under these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the TOS will continue in full force and effect. 

7. Injunctive Relief 

You agree and acknowledge that its breach of any of your obligations under this TOS will cause immediate and irreparable injury for which monetary damages will be inadequate. In the event of any such breach, BigScoots may seek injunctive relief as well as any and all other remedies available at law or in equity. 

8. Governing Law and Jurisdiction 

All matters relating to the Website, Services and these TOS, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction). 

Any legal suit, action, or proceeding arising out of, or related to, these TOS or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. 

9. Successors and Assigns 

You may not assign or license any of your rights under this TOS without the prior written consent of BigScoots. BigScoots may assign any or all of its rights and/or duties hereunder without your consent and upon notice. This TOS shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns. 

10. No Third-Party Beneficiaries 

Nothing in this TOS shall be deemed to confer any third-party rights or benefits. 

11. Updates and Changes to the BigScoots TOS 

BigScoots reserves the right to update and change the BigScoots TOS at any time in its sole discretion upon notice to you, which may be provided via e-mail or through on-site notifications, and any such revised TOS shall become effective immediately upon being posted to the Website. 

13. Contact Information 

877-570-3396 

privacy@bigscoots.com