Big Webbed Feet Terms of Service

All services provided by Big Webbed Feet may be used for lawful purposes only. It is a violation of our Terms of Service to transmit, store, upload or present any information, data or material in violation of any United States Federal, State or local law. This includes, but is not limited to, material for which you do not hold the copyrights or written authorization for its use, material that we judge to be threatening or obscene, material that jeopardizes national security, and/or material protected by trade secret or other laws.
Furthermore, the following content is prohibited on Big Webbed Feet's servers.

• Anything that promotes any illegal activity or content or files that may be damaging to Big Webbed Feet's servers or any other server on the Internet.
• Illegal, get rich quick, hate material, and/or spam material
• IRC Software
• Pirated software
• Hacking sites, programs or archives
• Warez Sites
• Distribution of music files or any other material for which the account holder does not own the copyright
• Game Servers (dedicated game server programs)
• Proxies: we do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness there of are prohibited.
• Port Scanning: we do not allow any kind of port scanning, snooping, pinging, and/or anything else even close to be done on or from any server.

Big Webbed Feet at its own discretion shall deem what constitutes a violation of the terms of service. Content that does not meet our standards will be removed without prior notice to client.

Client agrees to indemnify and hold harmless Big Webbed Feet from any claims resulting from client's use of Big Webbed Feet's services which damages client or any other party.

Commercial Advertising - Email
No Spam: Sending of unsolicited email from our servers is STRICTLY prohibited. While we attempt to be fair, Big Webbed Feet will be the sole arbiter as to what constitutes a violation of this provision. This also includes opt-in/opt-out mail programs and email that either directly or indirectly references a domain contained within an account at Big Webbed Feet.

Unconfirmed Mailing Lists: subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by clients must be confirmed opt-in. The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to or from any Big Webbed Feet server, or referencing any of Big Webbed Feet's accounts is prohibited.

Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate the terms of service or the acceptable use policies of any other Internet Service Provider, including but not limited to, sending unsolicited bulk email, initiation of pinging, flooding, mail-bombing, denial of service attacks is prohibited. Email address gathering, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.

Unacceptable Abuse
Use of the following is in violation of our terms of service, and shall result in immediate termination of the account:

• Server Abuse - any attempts to undermine or cause harm to a Big Webbed Feet server or client of Big Webbed Feet is strictly prohibited including, but not limited to:
• Logging into a server or account that you are not authorized to access
• Accessing data or taking any action to obtain services not intended for you or your use
• Attempting to probe, scan or test the vulnerability of any system, subsystem or network
• Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
• Transmitting material that contains viruses, trojan horses, worms, time bombs, cancel bots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the system
• Interfering with, intercepting or expropriating any system, data or information
• Interfering with service to any user, host or network including, without limitation, by means of overloading, flooding, mail bombing, or crashing any computer system.
• Setting permissions on your web hosting account that could allow outside parties to upload files that could damage, intrude on or interfere with other websites on the server or the server itself, or otherwise allow outside parties access to the server such that they can install phishing files, shell access files, or other similar files.

You will be held responsible for all actions performed on your account whether it is done by you or by others. Keep your passwords safe and share them with no one.

Scheduled Maintenance and Downtime
Big Webbed Feet will use its efforts to provide services 24 hours a day, seven days a week. Client's acknowledge that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance or upgrades, service malfunctions, and causes beyond the control of Big Webbed Feet or which are not reasonably foreseeable by Big Webbed Feet, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. Big Webbed Feet will attempt to provide advanced notice to Client for scheduled down times, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its servers. Big Webbed Feet has no responsibility for down time resulting from a client's actions.

Account Billing and Payment Policies
We maintain the right to cancel your account at our discretion.

Account Billing and Termination: Web service accounts will be billed monthly. We normally will send an email invoice approximately around the 15th of every month. You can then log into your account and pay your bill through our online bill payment system. Payments are due on receipt of your invoice.

Overdue Payment and Termination of Account: Accounts will be disabled or terminated, at our discretion, if payment is not received by the renewal date or the date of your invoice. If your account has been disabled, you may be charged a reconnection fee of up to $150 in order to re-enable your account. Alternatively, the account may be terminated and all information within the account deleted. If you are not intending to pay for your account, or if you know that your payment will be late, it is your responsibility to back up your website files to ensure that you do not lose your data.

Payment terms and conditions
We accept Visa and Master Card. We do not provide credit terms other than credit card accounts.

Refunds: There are absolutely no refunds on any services rendered.

Cancellation Procedure: Valid proof of account ownership will be required to terminate an account. If you wish to cancel your account at any time it must be done so in writing. You can send an email to customerservice@bigwebbedfeet.com to request a cancellation of your monthly services. No refunds will be made on accounts that do not provide at least 30 days notice prior to cancellation.

Paying by Check: Clients wishing to pay their bill by check will have their services turned on on the date the check is received by Big Webbed Feet and clears our bank.

Limitation of Damages
Recovery of damages from Big Webbed Feet may not exceed the amount of fees it has collected on your account.

Violation of Terms of Service: In addition, any violation of our Terms of Service shall result in no refund.

Privacy Policy
Big Webbed Feet is the sole owner of information collected on this site. We will not sell, share, or rent this information to any outside parties. We collect information from our clients to process orders and better serve you with pertinent information. We also require you to submit a username and password of your choice for your future access to your account information. To safeguard that your user name and password remain confidential, DO NOT share this information with anyone. If you elect to receive our newsletter or special promotions, your contact information will be used for the delivery of these items.

Data Loss and/or Recovery
You hereby agree to indemnify, defend and hold Big Webbed Feet, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of data or data recovery.

While Big Webbed Feet agrees to use its best effort to protect and/or recover client data, it is exclusively the clients responsibility to back up all important data, documents, files, pictures or any other needed content.

The client agrees that Big Webbed Feet is in no way liable in the event that Big Webbed Feet is unsuccessful in recovering or protecting client's data. Big Webbed Feet assumes no liability for damage to client's data and/or property while performing data recovery procedures or during shipment or for uninsured shipments. The client authorizes Big Webbed Feet, its employees, and agents, to receive and transport this media/equipment/data to, from and between their facilities. Big Webbed Feet shall not be liable for any claims regarding lost media whether the media has been lost at Big Webbed Feet or while in transit.

You shall cooperate as fully as reasonably required in the defense of any claim. Big Webbed Feet reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Big Webbed Feet.

Data recovery is not guaranteed.

Manufacturer warranty may be void: Although most manufacturers will honor product warranties following data recovery procedures, in no way shall Big Webbed Feet be liable if client's media manufacturer's warranty is VOID due to any action taken by Big Webbed Feet.

Password and Account Security
You are solely responsible for maintaining the confidentiality of your password, Registration Data and other verification information established by you with Big Webbed Feet, and all activities that occur using your password, Registration Data or other verification information supplied to or established by you with Big Webbed Feet. You agree not to transfer or sell your use of, or access to, your Big Webbed Feet password to any third party. If you discover that there has been any unauthorized use of your Big Webbed Feet password or other verification information, or any other breach of security with respect to your Big Webbed Feet password, you agree to immediately notify us by calling 702-416-3940. Upon your notification to us, we will deactivate your Big Webbed Feet service, close your web account and issue a new account to you. You agree you expressly authorize the use of your password, Registration Data, or other verification information established by you with Big Webbed Feet by anyone to whom you provide this information. You acknowledge and agree that, except as otherwise provided by Applicable Law or in our terms of service with you, Big Webbed Feet shall not be liable for any loss or damage arising from your failure to comply with this terms of service.

General
These terms of service are a legally binding contract between client and Big Webbed Feet. By opening an account, client agrees to the above-stated terms.

These terms of service are subject to change without any prior notification, and any changes will be posted here. Anything not listed in the terms of service is open to interpretation and change by Big Webbed Feet without prior notice.

All prices are nonrefundable and nonnegotiable.

Any violation of these terms of service will result in termination of the account. Big Webbed Feet maintains the right to terminate accounts without prior notification.

Lastly, we reserve the right to refuse service to anyone for any reason.

The parties shall submit all disputes relating to this agreement (whether contract, tort or both) to arbitration, in accordance with the rules of the American Arbitration Association. Either party may enforce the award of the arbitrator in a court of competent jurisdiction. The parties understand that they are waiving their rights to a jury trial. This agreement shall be construed under and in accordance with the laws of the state of Nevada, and all obligations of the parties created in this agreement are performable in Clark County, Nevada, United States of America.