HostBig - Terms of Service (TOS)
Use of HostBig's Service constitutes acceptance and agreement to HostBig's AUP (Acceptable Use Policy) as well as HostBig's TOS (Terms of Service). From herewith in this TOS, AUP, and SLA, the usage of "us", "we", "our", "ours" shall constitute reference to HostBig, the usage of "you", "your", "they", "them" shall refer to client / customer of HostBig.
Acceptance of Contractual Agreement
1. Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by HostBig, that you are agreeing to our TOS, AUP, and SLA. No Modifications of said contract by customer is allowed.
2. HostBig will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract, AUP, SLA, and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.
What may NOT be hosted on our network:
- Child pornography
- Copyrighted media, includes but not limited to: Video, Music, TV, Radio
- Hacking tools / material
- Anything that may harm us, the server, or anyone else (mentally, physically)
Network Uptime is the total time in a calendar month that HostBig network is available through the Internet, provided that Client has established connectivity. HostBig takes responsibility for Network availability within their network, however, we cannot be held liable for upstream problems, outside of our network. Our guarantee is that our Network will be available to clients free of Network Outages, that render 100% packet loss, 99% of each calendar month
Network Outages or Unscheduled Downtime is any unplanned or unscheduled interruption in Service availability during which Client is unable to access the services as described in the section titled "Network Uptime" above. A Network Outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem in HostBig's Network as confirmed by HostBig. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.
Scheduled Downtime is any HostBig scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail with a minimum of 12- 24 hours notice.
SLA Network Violation Credit
Performance Credit exclusions: The following are excluded from the monthly calculation of Service Availability:
- Scheduled downtime.
- Problems outside of HostBig's network (upstream providers, or client's inbound connection) not effecting 100% loss to our network.
- Interruptions or failure of individual service caused by client, their employees, client's customers, etc. to their service.These include inaccurate configuration, 3rd party software, client abuse or over utilization of resources, hacked servers, attacks, exploits, server hardware failures or other users on server to cause the server to overload which may cause downtime. We will do our best to remove such offenders immediately.
Payments and Fees
Payment is due every 6 or 12 months by credit card or PayPal, an invoice will be raised and can be paid from the Client Area, please note that service may be suspended on accounts that reach 10 days past due, We do not charge late or re-connection fees.
HostBig may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.
All requests for canceling any service / services must be made in writing with at least 15 days notice but not more than 30 days prior written via email to billing@HostBig.org include your domain name, last name on credit card in your email.
Refunds and Disputes
All payments to HostBig are non refundable (unless covered by 30-day Money Back Guarantee). This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as charge backs, in HostBig's discretion which is valid, under the terms and conditions of our SLA, AUP, and TOS, will result in service interruption, and reconnection fees to restore the desired service.
30 Day Money Back Guarantee
All hosting plans come with a 30 day money guarantee. If for whatever reason we fail to satisfy your needs and are within 30 days we will fully refund your money all we ask is you give us a reason so this will help us improve as a company, we will not deduct ANY fee.