BigScoots Terms of Service
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 incorporate 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 offered (“Services”). The TOS has been designed to provide our clients with a clear and transparent understanding of what is expected when you use any of the services offered here at BigScoots.
This Website and Services are offered and available to users who 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 the BigScoots. If you do not meet the requirement, you must not access or use the Website.
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.
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 the 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: email@example.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 the 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 the 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 the 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 the 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.
Violating copyrighted, patented or trademarked works through reproduction and/or distribution will not be tolerated. It is not acceptable to use a BigScoots Services to convey any form of the material that violates a copyright, trademark, patent, trade secret, intellectual property right or other right of any third party. These violations can consist of but are not limited to the illicit replication of copyrighted material, the digitization and/or distribution of photographs from print sources as well the illicit transfer of copyrighted programs. BigScoots operates within the guidelines of the Digital Millennium Copyright Act (DMCA) when handling infractions and will respond to all accusations that are formatted in accordance with the DMCA. 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:
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:
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 the 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 the 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 through our site or for our Services, you are agreed to be bound by this Article II Services.
1.1 Accessing the Services
While utilizing any of the BigScoots’ Services you’ve purchased, you are expected to access your account morally, sensibly and most of all responsibly.
Upon your initial registration and subject to your compliance with this TOS and timely payment, BigScoots has accepted your use of our Services across our entire network. For this reason, your accounts activities will not be monitored regularly under normal conditions. 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 .
All BigScoots Services experience irregular monitoring for system exploitation, security and fraud risks. 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.
1.2 BigScoots Account Activation and Setup
While some Services may be provisioned immediately after successful payment and fraud processing, the setup of other Services may require additional manual intervention depending on complexity. Typically, initial provisioning of shared, reseller, managed WordPress, Cloud VPS, Cloudflare enterprise and domain registrations are instant. Physically dedicated servers while on average are setup within 60 minutes, can take as long as 4 weeks depending on supply chain delays. Please speak with a team member as they will be able to give you an accurate up to date estimate. These estimates exclude migration time. Typical migration times are less than 90 minutes, but can vary greatly.
You are solely responsible 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. BigScoots under no circumstance will be held liable for any mistreatment or abuse of your BigScoots account. Take precautions from others knowing your password as you will be held entirely responsible. Therefore, it is necessary for you to take precautions against unauthorized access to your account.
Any BigScoots client who infringes or compromise on the security of BigScoots or another client will be forwarded to the appropriate authorities. BigScoots will fully cooperate with law enforcement in any investigation.
1.3 Data Migration Policy
BigScoots has built a reputation over the years as a company both capable and willing to migrate complex applications and websites to our infrastructure, generally free of charge, certain more complex migrations may require a reasonable fee to perform.
The bottleneck of a migration is mostly typically the previous host, due to having incorrect logins, poor transfer speeds, inadequate resources to perform the migration, and so forth. BigScoots will begin your migration typically within 30 minutes after the Service has been setup and the proper logins have been provided to us. However, we cannot provide any guarantees on time due to many variables outside of our control. We will always work as fast as we can, keep you updated throughout, with an overall goal of completing your migration seamlessly within 90 minutes.
BigScoots offers our free 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 or take on any liability with potential issues that may arise. BigScoots may also 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 will not make any guarantees of any kind. While we do perform significant checks when performing migrations, it is ultimately your responsibility to confirm everything that was requested to be migrated, has been migrated properly.
1.4 Search Engine Optimization (SEO) And Submission
BigScoots offers no search engine submission or optimization Services. If you wish to have any of your BigScoots Services submitted or optimized you must seek out options with accredited search engine optimization (SEO) firms.
1.5 Resource Usage Limitations
These policies are in place to protect you from poor service. Typically, if we have to impose a restriction on an account for resource usage, that account is already in violation of several aspects of the BigScoots TOS, and not just these usage policies. The majority of client services at BigScoots will never have to take these limits into consideration other than what would be typically expected with site growth. That being said, it is important they are in place and it is important you are aware of them.
- Shared and reseller services are offered using a WHM/cPanel platform. Each cPanel account is limited to one full CPU core, 1GB of memory, 50 concurrent processes, 10MB/s disk I/O, 300,000 inodes and total database usage restricted to 2GB of disk space. Turbo diesel shared and Nitro reseller services have one additional CPU core available to them.
- Cloud VPS, hybrid, Cloudflare Enterprise, backup and physically dedicated services are restricted to the resources included with the Service when ordered. Upgrades to a higher tier of Service and à la carte bolt-on resources, are typically always available.
- Managed WordPress Optimized Services aim to deliver optimal page speed performance up to the plan’s recommended traffic limits. The plan resources will scale within reason to deliver on those service goals, sometimes to BigScoots’ discretion, dramatically. However, particularly high resource consuming processes such as but not limited to; dynamic websites requiring ecommerce, membership or other forms of logged in content, heavy databases or database queries, plugin conflicts or heavy PHP processes, may require an upgrade to a higher tier plan prior to reaching the plan’s recommended traffic limits. BigScoots will continue to adjust managed WordPress Optimized plan resource limits periodically in an effort to improve overall service.
Many clients will find that they can exceed many or even most of these limits without receiving a notice from us for a short period of time, as our goal is to create flexible, resource rich and problem free services whenever possible. However, as issues grow in scale and/or become more recurring, it is then necessary to have these limits imposed. BigScoots has been known to give extensive leeway to folks who need it, providing them time to work with us to reduce the overall load or if not possible, enter discussions for a fair and necessary upgrade. With the high level of service we always aim to hit, it is rare we ever have to suspend or impose a resource limit on a client, but under the BigScoots TOS, we do reserve the right to do so at any time.
1.6 Bandwidth Usage
When purchasing you selected a monthly bandwidth allowance based on the package chosen. As your monthly bandwidth limit approaches an e-mail will be sent to the contact address on file, it is your sole responsibility to be aware of such limitations and will not hold BigScoots liable for any downtime experienced from account suspensions due to bandwidth overages. If overages are experienced or projected for a certain month, all BigScoots client have the option to upgrade to a larger plan, pay $0.50 per GB or simply wait until the following month. Bandwidth usage is measured on a monthly basis coinciding with Client’s billing cycle.
1.7 Root and SSH Access
Jailed SSH access is available to all shared, reseller and managed WordPress Optimized clients, but not by default. Please open up a ticket requesting access. Cloud VPS, hybrid and dedicated clients will have root SSH access to their respective servers.
2. Affiliates Program
You can learn more about our Affiliate Program we offer https://www.bigscoots.com/affiliate-program.
3. Ownership and Intellectual Property Rights
3.1 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, documentation, BigScoots data and the third party data, including but not limited all of related intellectual property rights. No rights are granted to Client except as expressly set forth herein.
3.2 Ownership in Client Data
3.3. 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’s use of the Services and Work Product.
4. Client Warranties
4.1 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.
4.2 Responsibilities and Expected Knowledge
By the use of any BigScoots Service a certain level of knowledge is assumed on topics consisting of but are not limited to; internet languages, slang, jargon, terminology, protocols, name servers (DNS), website development, internet security and software. While knowledge levels differ greatly, you represent and warrant that you possess the necessary knowledge to create their website with the desired content, look, functionality and to use it safely and securely. You agree that it is sole your responsibility to provide this knowledge to help create, design, program or publishing of your website, and BigScoots shall not be liable for any actions arising out of the foregoing.
5. Term and Termination
This Article II of the TOS will become effective on the date of your purchase of our Services (“Effective Data”) until it terminates in accordance with this TOS.
- 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 under the sole discretion of BigScoots. Additionally BigScoots completely reserves the right to suspend, cancel or terminate any account at any time BigScoots sees fit. BigScoots will treat all data associated with the termination of an account in accordance with this TOS.
- If you directly or indirectly violate the BigScoots TOS, BigScoots reserves the right to terminate any and all services offered to you without notice. If BigScoots perceives the offence to be unbeknownst to you, BigScoots, under its sole discretion, will notify you of the mischievous or inappropriate activities alongside any necessary corrective action that BigScoots deems appropriate. If corrective action is not volunteered by you in a period of time BigScoots finds reasonable or if BigScoots perceives the offence to be deliberate and obvious violations of the BigScoots TOS, BigScoots will take immediate action against you. 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.
5.3 Termination Effect.
Upon termination of this Agreement, you shall (a) discontinue to use the Services and all licensed software, (b) deliver to BigScoots all materials, documents, and other data provided by BigScoots.
6. General Content and Behavior Restrictions
All of the Services provided by BigScoots shall only be used for lawful and moral 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.
You are prohibited to (a) use 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 engineer, decompile, disassemble, translate, modify, or otherwise create or attempt to create or permit, allow or assist any other person or entity attempting to create the Services or any licensed software, in whole or in part, for any purpose, and (c) authorize the use of the Services and/or any licensed software in any manner or for any purpose that is unlawful under applicable Law.
6.2 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.
6.3 File Hosting
File storage or file hosting of any kind is forbidden across all BigScoots Services. Under no circumstance may our clients use their BigScoots Service as file storage and/or a download warehouse. This does not mean that downloads are a direct violation of the BigScoots (TOS), it does however mean that your BigScoots Service(s) cannot drive a website that focuses primarily on downloads. Additionally, you may not use your BigScoots Service as a storage warehouse for games, videos, music files or backups. Any BigScoots Service may not surpass 10% of space or bandwidth in games, videos, music files or backups. These values are only adjustable by BigScoots staff.
7. Fees and Payment
7.1 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.
7.2 Price Change
Although BigScoots has not changed current pricing in over 12 years, 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. Further, BigScoots has the right to end and/or refuse any promotional codes for any reason for current or future clients.
7.3 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.
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’s 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.
7.5 Refund, Guarantee And Cancellation Policy
BigScoots operates under a forty-five (45) day money back guarantee for all first time BigScoots shared, reseller, managed WordPress Optimized clients. This guarantee begins at the 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 Cloud VPS, Cloudflare Enterprise and hybrid clients. This guarantee begins at the 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 providing you give seven (7) days’ notices prior to your next billing cycle. This can be done by requesting a cancellation within your BigScoots portal, or by submitting a ticket requesting a cancellation or emailing firstname.lastname@example.org 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 have joined BigScoots under an annual, semiannual, biannual, triannual, quarterly or monthly plan. When requesting to cancel your Service, your cancellation request may be carried out at any time. After which your BigScoots Service(s) will be terminated unless you request in writing that your BigScoots Service not be terminated.
BigScoots will treat all data of terminated accounts in accordance with this TOS.
We will prorate any unused time back for quarterly, semiannual, annual, biannual and triannual accounts closest to the nearest next month, removing any promotional or longer billing term discounts before doing so. However, we do not prorate anything for monthly services, physically dedicated servers, domain registrations or transfers, Cloudflare Enterprise or any software licenses. We reserve the right to forego returning any amount or all of the prorated funds in the event the client caused what BigScoots deems to be a significant effort.
7.6 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. BigScoots will treat all data of terminated accounts in accordance with this TOS.
8.1 Data Loss and Backup
You understand and agree that your use of any of BigScoots Service is done so at your own risk. BigScoots under no circumstance is responsible or liable for any data held on BigScoots servers or being transmitted through BigScoots network 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, reseller, hybrid, Cloud VPS, physically dedicated and managed WordPress Optimized 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 and reseller plans, 30 days of backups on managed WordPress Optimized plans, 30 days of backups on physically dedicated services, and 2 days of backups on Cloud VPS and hybrid plans. Although BigScoots performs these backups (typically 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.
8.2 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.
8.3 Data After Termination
In an effort to maintain an enhanced level of privacy and security, all data from terminated and cancelled Services and accounts should be considered 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 purpose 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 in preserving your data and in ensuring to backup all of your data before canceling your BigScoots account.
9. Email Policy And Spam
Having personal e-mail accounts ourselves, we know what it’s like to receive our fair share of spam. For this reason, BigScoots strong arms all 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, reseller and managed WordPress Optimized Services 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, Hybrid 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 completely comply with this policy. In certain situations BigScoots may need to act urgently, in this case BigScoots reserves the right to do so with or without notice.
9.1 Usenet (Newsgroup, Articles, Messages, etc.) Spam
Usenet spam can consist of but is not limited to posting messages, articles or ads which violate regulations, charters or rules of a newsgroup or mailing list. With this in mind, any messages that are suitable under the rules and regulations of a newsgroup or mailing list, providing they do not violate the BigScoots TOS are permitted.
You agree that you shall defend, indemnify, and hold BigScoots harmless from any and all demands, liabilities, losses, costs and claims, including any and all attorney fees asserted against BigScoots, its affiliates, licensors, service providers, and their respective agents, customers, directors, contractors, licensors, suppliers, successors, assigns, officers and employees, that may arise or result from (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; and (4) any defective products sold by you to customers from a BigScoots server.
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.
12. 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
You understand that BigScoots cannot and does not guarantee or warrant those 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 TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND OUR SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES 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 THE BIGSCOOTS NOR ANY PERSON ASSOCIATED WITH THE BIGSCOOTS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE BIGSCOOTS NOR ANYONE ASSOCIATED WITH THE BIGSCOOTS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, 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 UNDER NO CIRCUMSTANCE WILL BE RESPONSIBLE FOR DAMAGES OF ANY KIND THAT YOUR BUSINESS MAY SUFFER. BIGSCOOTS MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE OTHER THAN THE AFOREMENTIONED GUARANTEES MENTIONED WITHIN THIS DOCUMENT. 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.
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 (a) your (or your authorized users’) use of our Services, and/or (b) 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.
IF LAWSUIT(S) ARE THREATENED AGAINST BIGSCOOTS. If BigScoots is sued or threatened with a lawsuit in connection with BigScoots Service(s) provided, we may turn to you to indemnify, defend and to hold us harmless from the claims and expenses which include but are not limited to attorney fees and other reasonable costs.
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 OR SERVICE, 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 THE BIGSCOOTS AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, 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 OR PAYABLE 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, 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 the 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 the 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 notice to or consent of you. 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. Potential Changes to the BigScoots TOS
BigScoots reserves the right to alter, revise, update and change the BigScoots TOS in anyway without notice at any time under BigScoots’ sole discretion and can apply any and all changes and updates retroactively.
12. As a Good Faith Reminder And Brief Summary to Our Amazing BigScoots Clientele
THE CONTINUED USE OF THE BIGSCOOTS SERVICES AND/OR PRODUCTS CONSTITUTES THE IMPLIED CONFORMITY WITH THE BIGSCOOTS TOS IN ITS ENTIRETY. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS ASSOCIATED WITH SAID SERVICES, INCLUDING THIS TOS.
YOUR ONLY RECOURSE IN THE EVENT OF A DISAGREEMENT IS TO TERMINATE THIS TOS AND SERVICE IMMEDIATELY AS DISCUSSED WITHIN THIS TOS.
13. Contact Information