Terms of Services & Legal Policies

Please read this agreement carefully, as it contains important information regarding your legal rights and remedies.


Introduction

When we refer to "BigBoxHost" or we use pronouns like “we”, “us” or “our”, we are referring to BigBox, LLC as well as its parents, affiliates and subsidiaries. BigBoxHost offers hosting services and solutions to individuals, organizations and companies (the "Customer" or "User" or "You" or "Your") or you are using our services on behalf of a company, organization, or other entity. In that case, you are representing to us that you have the authority to bind your company, organization, other entity to this TOS and that you agree to be legally bound by this TOS on behalf of such entity (and “User”, “you”, and “your” then refer to such entity) is who agree to abide by this Terms of Service ("TOS"), which is a legally binding agreement between You and BigBoxHost. Please read carefully, as it contains important information regarding your legal rights and remedies.

This TOS is a binding contract between you and BigBoxHost, and covers all of the offerings, websites, products, services, features, content, applications and other things we offer to users like you. By purchasing any of our service, you agree to be legally bound by the terms of this TOS. If you do not agree to abide by the terms of this TOS, do not purchase or use our Web Hosting services.

This legally binding contract (the "Agreement") is by and between BigBoxHost and you and your assigns, employees, agents or contractors ("You", "Your", the "Client") and is effective as of the date you purchase hosting services from BigBoxHost. This Agreement sets forth the terms and conditions of Your use of BigBoxHost's services (collectively, the "Services") and represents the entire agreement between You and BigBoxHost relating to the Services. This Agreement contains provisions that set forth BigBoxHost's Acceptable Use Policy, Privacy Policy and money-back guarantees of a certain service (found in the sections below).

By purchasing the Services, You acknowledge and agree that You have read, understand, acknowledge and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies that BigBoxHost may establish and post on its website from time to time.


Eligibility and Authority

By using our Websites and Services, you acknowledge and agree that you are responsible for ensuring that your use is in compliance with all applicable laws, rules, and regulations. We reserve the right to revoke your right to access the Websites and Services if your use is prohibited or conflicts with any applicable law, rule, or regulation. It is your responsibility to determine the legality of your use before accessing our Websites and Services.

The Websites and Services are intended for use by individuals who are with minimum age criteria set by any binding law jurisdiction. By using our Websites and Services, you represent and warrant that met the minimum age requirements, or you have obtained sufficient legal consent, permission, and capacity to use the Websites and Services in your jurisdiction.

To access the Services and certain features of the Websites, you are required to register for an account ("Account"). During the registration process, you may be asked to provide personal information, such as your name, email address, and valid payment details. Optional information may also be provided voluntarily. The collection, use, and disclosure of Account information are subject to our Privacy Policy.

We reserve the right, in our sole discretion, to refuse or discontinue providing the Websites and Services to any individual or entity, and to modify eligibility criteria at any time. Failure to comply with the TOS may result in the deactivation, termination, prevention of access, or disabling of services for your Account. We may also delete any Accounts or restrict access to the Websites and Services at our sole discretion.


BigBox's Intellectual Property Rights

The ownership and provision of the Websites and Services are attributed to BigBoxHost. The Materials encompassing names, logos, trademarks, design, software, and other components of the Websites and Services are protected by intellectual property and other applicable laws. These Materials belong to BigBoxHost or its third-party licensors. Your usage of the Websites and Services is expressly authorized by us and subject to the terms outlined in this TOS. You are required to adhere to all intellectual property notices, information, and restrictions specified within the Websites and Services. BigBoxHost reserves all rights to the Websites and Services that are not explicitly granted in this TOS. These Terms and your use of the Services do not confer or provide you with any rights: (i) pertaining to the Services, except for the limited license granted above; or (ii) to utilize or reference BigBox's company names, logos, product and service names, trademarks, or service marks, or those belonging to BigBox's licensors, in any manner.

By using the Websites and Services, you grant us permission to feature your name, logos, and trademarks in our promotional and marketing materials and communications. Some of the Materials provided by BigBoxHost may be governed by Open Source Licenses, Creative Commons licenses, or similar licenses ("Open Source Licenses"). This TOS does not impede, restrict, or intend to impede or restrict your ability to acquire such materials under the applicable Open Source Licenses or limit your usage of such materials in accordance with those Open Source Licenses. Subject to your continued and complete compliance with this TOS and our rights therein, BigBoxHost grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and utilize the Websites and/or Services as described in and subject to this TOS.


Modification and Additional Terms

Terms of Service Modification: BigBox reserves the right to modify these Terms of Service at any time. Updated Terms will be posted on our website and notice will be provided on the Services. Your continued use of the Services after the posting of updated Terms signifies your acceptance of the modifications. If you do not agree with the updated Terms, you must discontinue your use of the Services.

Changes to the Services: BigBox may make changes to the Services without prior notice. If you object to any changes, your only recourse is to stop using the Services. Your continued use of the Services following any modifications indicates your acknowledgment of the changes. We also reserve the right to discontinue the Services or any component thereof at any time without notice. We will not be liable for any modifications or discontinuation of the Services.

Paid Subscriptions and Additional Terms: For paid subscriptions, any changes to the price or significant changes to the services will be notified to you. Such changes will become effective after your current subscription expires or terminates. If you disagree with the changes, you must communicate your objection. The Services may also have additional terms of use for specific features, and you agree to be bound by those terms. In the event of any conflict between these Terms and executed contracts for services, the contract will prevail, and these Terms will supplement the contract when specific provisions are not addressed.


Rules of Conduct

By signing to our service is considered that you agree with our Acceptable Use Policy ("AUP") and the following conditions. When using our Services, you agree to abide by the following rules of conduct.

  1. Compliance with Laws: You will comply with all applicable laws, regulations, and legal obligations when using our Services. You are solely responsible for ensuring that your use of the Services is lawful.
  2. Prohibited Activities: You will not engage in any activities that are prohibited by law or that may harm or interfere with the proper functioning of our Services. This includes, but is not limited to:
  3. a. Engaging in any illegal activities or promoting illegal activities.
    b. Harassing, threatening, or abusing others.
    c. Posting or distributing content that is defamatory, obscene, or offensive.
    d. Uploading or transmitting viruses, malware, or any other malicious code.
    e. Interfering with or disrupting the security or integrity of our systems or networks.
    f. Attempting to gain unauthorized access to our Services or accounts of other users.
    g. Engaging in any activity that violates the privacy or intellectual property rights of others.
    h. Misrepresenting your identity or impersonating others.

  4. User Content: You are solely responsible for the content you upload, submit, or display using our Services ("User Content"). You agree that your User Content will not infringe upon the rights of any third party or violate any applicable laws. BigBoxHost reserves the right to remove or disable any User Content that violates these Terms or is deemed inappropriate.
  5. Respect for Others: You will treat other users and our staff with respect and refrain from engaging in any behavior that is discriminatory, hateful, or offensive. Harassment, bullying, or intimidation of others will not be tolerated.
  6. Reporting Violations: If you become aware of any violation of these Terms or any misuse or abuse of our Services, please report it to us immediately.
  7. It is your responsibility to back up your user content, as BigBoxHost does not guarantee the backup of any account or user content.
  8. Commercial resale or provision of the services and technologies offered by BigBoxHost requires prior written consent.
  9. When requested, you agree to provide necessary government-issued identification for identity verification.
  10. You acknowledge that BigBoxHost may contact you regarding your account, and such communications may be recorded and used as evidence in legal proceedings, as permitted by applicable law
  11. You shall utilize proper security protocols, such as setting strong passwords and access control mechanisms, safeguarding access to all logins and passwords, and verifying the trustworthiness of persons who are entrusted with account access information. You are solely responsible for any unauthorized access to your Account, and must notify BigBox immediately of any such unauthorized access upon becoming aware of it.

Failure to comply with these Rules of Conduct may result in the suspension or termination of your access to our Services, without prior notice, and may also result in legal consequences. We reserve the right to investigate any reported violations and take appropriate action.

Please note that these Rules of Conduct are not exhaustive, and BigBoxHost reserves the right to enforce additional rules or guidelines as necessary to ensure the proper use of our Services and maintain a safe and respectful environment for all users.


Services

The content available through our Services may include materials, information, software, images, text, graphics, videos, and other intellectual property ("Service Content"). This Service Content is owned by BigBoxHost or its licensors and is protected by intellectual property laws.

You agree to use the Service Content solely for your personal or internal business purposes in connection with the use of our Services. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, or transmit any Service Content unless expressly authorized by BigBoxHost.

You acknowledge that the Service Content may be subject to copyrights, trademarks, and other proprietary rights held by third parties. You agree not to remove, alter, or obscure any proprietary notices or legends included in the Service Content.

BigBoxHost does not claim ownership of any intellectual property rights in the User Content (defined below) that you upload, submit, store, or display using our Services. However, by using our Services, you grant BigBoxHost a worldwide, non-exclusive, royalty-free, sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content in connection with providing the Services to you. You represent and warrant that you have all the rights necessary to grant such a license to BigBoxHost.


Free Domain Name

The complimentary free domain name with our web hosting services is eligible for the only yearly or longer billing plans and as per the mentioned service terms. The free domain name will be automatically added to your account upon purchase of a web hosting plan that includes a free domain name. The free domain name will be registered in the name of the primary account holder.

The free domain name is only eligible for the registration of generic top-level domains (gTLDs) such as .com,.net,.org,.us,.de,.eu,.in,.co.in,.nl,.ru,uk,.co.uk,.xyz. or any other domain extension having its annual cost less than $10/year and subjected to availability with our services.

The free domain name offer is applicable for only the 1st year of the domain name. After the first year, you will be required to renew the domain name registration at its then-current renewal price. If you do not renew the domain name registration, it will be cancelled and made available for registration by other users.

If you wish to transfer the ownership of the free domain name to another party, you must first transfer the ownership of the web hosting plan associated with the free domain name. After transferring the ownership of the web hosting plan, you will have 60 days to transfer the ownership of the free domain name to another party. After the 60-day period, the free domain name will be cancelled and made available for registration by other users.

If you cancel your web hosting plan or downgrade to a plan that does not include a free domain name, you have to pay full amount for the domain name.

If the free domain name is not renewed within 30 days after the expiration date, it will be cancelled and made available for registration by other users.

The free domain name is not transferrable to another registrar or resellable during the first year to registration.

The free domain name offer is not application with any other promotional offers or discounts. If any services is obtained under promotional pricing or any additional discount is applied on the basic cost of the service, in that case the free domain name offer will be void.

The free domain name offer is not eligible for free privacy protection or other premium services.


User Content

You are solely responsible for the User Content you upload, submit, store, or display on or through our Services. You represent and warrant that: (i) you have all the rights, power, and authority necessary to upload, submit, store, or display the User Content; (ii) the User Content is accurate, complete, and not misleading; (iii) use of the User Content does not violate these Terms; and (iv) the User Content is not contrary to the laws or regulations in the country, state, or province where you reside or from where you are accessing our Services.

BigBoxHost has no obligation to pre-screen or monitor User Content, but has the right (but not the obligation) in its sole discretion to refuse, remove, or delete any User Content that is available via the Services. BigBoxHost may, but is not obligated to, review the User Content to determine whether it violates these Terms or is appropriate, and BigBoxHost may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion, including without limitation reporting any suspected unlawful, misleading, or abusive User Content to appropriate law enforcement officials or other appropriate third parties. BigBoxHost does not guarantee that it will review User Content or monitor its availability, and you agree that you must take all necessary precautions to ensure that your use of our Services does not violate the rights of others and is compliant with all applicable laws.

You understand that the technical processing and transmission of the User Content may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.


Payments and Billing

By using our Services, you agree to pay all applicable fees and charges associated with your use of the Services. The fees and charges will be clearly specified on our website or communicated to you during the signup process. You are responsible for providing accurate and up-to-date payment information, and you authorize us to charge the provided payment method for all applicable fees. The billing cycle will be determined based on the subscription plan or service you have chosen. We offer various billing cycles, such as monthly, quarterly, annually or anything else, and you will be billed accordingly. The billing cycle will begin on the date of your initial subscription or service activation.

Our billing system involves the use of third-party payment processors (referred to as "Payment Processors") to handle the billing process through the payment account(s) linked to your Account (referred to as "Billing Information"). Please note that the processing of payments may be subject to the terms, conditions, and policies of the Payment Processors, in addition to the terms outlined in this Terms of Service (TOS). It is important to understand that we are not responsible for any acts or omissions of the Payment Processors. By using our Services, you agree to fulfill the payment obligations by making payments to us through the Payment Processors or as otherwise agreed upon by BigBoxHost. You are responsible for paying all amounts due for the Services you select or use, based on the applicable prices specified in accordance with our pricing and billing policies.

In case of subscription payment BigBoxHost is able to automatically collect payment from customers with credit cards stored on file (as opposed to credit cards used one for one time transactions) or active PayPal subscriptions. All other payment methods (one time credit card payments, check, money order, PayPal one time payments, etc.) must be initiated manually by you. It is your obligation to ensure that reoccurring fees are paid on their due date. reserve the right to deactivate, terminate, prevent access to, disable services for, and/or delete any Accounts or access to the Websites and Services at any time at our sole discretion, including for nonpayment, late payment, or failure to charge your Payment Methods upon invoicing.

BigBoxHost screens all orders for fraud and other unethical practices. Services will not be activated until this fraud screen is completed. In certain cases, if your account is flagged for fraud, third party services, such as domain name registrations, will not be processed. BigBoxHost has no liability for the failure to provide Services, including third party services, if your account fails its fraud screen.

You are responsible for any applicable taxes, duties, or similar charges, fines, audits, interest and back-payments relating to your purchase of the Services, including but not limited to any charges (taxes, VAT, GST, Service Tax referred collectively as "Taxes") imposed by taxing authorities related to your use of our Services. The fees displayed or communicated to you do not include any such taxes, and they will be added to your total payment. If we become obligated to collect or pay Taxes in connection with your purchase of the Services, those Taxes will be invoiced to you as part of a billing process or collected at the time of purchase. In certain states, countries and territories, we may determine if your purchase of Services is subject to certain Taxes, and if so, may collect such Taxes and remit them to the appropriate taxing authority.

If you believe there is an error in the billing or charges, you must contact us within a reasonable time to resolve the dispute. Failure to notify us promptly may result in the forfeiture of your right to dispute such charges.

We may change the pricing of our Services at any time, but any changes will not affect the fees for active subscriptions during the current billing cycle. We will provide advance notice of any price changes that may impact your future subscriptions.


Late Payments

In the event you fail to pay your invoice within next 2 days of the due date, we reserve the right to suspend your service. If you are still past due 5 days after the initial due date, we reserve the right to terminate your service entirely or reformat your server. BigBoxHost also reserves the right to charge a late fee of upto 15% of due invoice per invoice per month on late payments as a penalty. Invoices will be automatically considered late one (1) day after the invoice is marked as overdue. BigBoxHost is not responsible for any damages or losses as a result of suspension or termination for non-payment of your account. In addition, BigBoxHost reserves the right to refuse to re-activate your Services until any and all outstanding invoice(s) have been paid in full.


Chargeback and Payment Disputes

If BigBoxHost receives a chargeback or payment dispute from a credit card company, bank, or Paypal, your Services may be suspended without notice. A $50 chargeback fee (issued to recoup mandatory fees passed on to BigBoxHost by the credit card company), plus any outstanding balances accrued as a result of the chargeback(s), must be paid in full before service is restored. Instead of issuing a chargeback, please contact BigBox Host’s billing team to address any billing issues. If BigBoxHost appeals a chargeback or other payment dispute and wins the dispute or appeal, the funds will likely be returned to BigBoxHost by the credit card company or bank. Any double payment resulting from this process will be applied to Customer's account in the form of a service credit.


Third Party Services

Our Services may integrate or provide links to third-party services, websites, or applications that are not owned or controlled by BigBoxHost. We are not responsible for the content, functionality, or security of these third-party services. Your use of third-party services is subject to their own terms of service and privacy policies. We encourage you to review and understand the terms and policies of any third-party services before using them.

The inclusion of any third-party services or links on our website does not imply endorsement or recommendation by BigBoxHost. We do not guarantee the availability, accuracy, or quality of the third-party services, and we disclaim any responsibility for any damages or losses incurred as a result of your use of or reliance on these services

In some cases, we may offer or facilitate the purchase of third-party products or services through our platform. Any transactions or interactions related to these third-party products or services are solely between you and the third-party provider. We do not provide any warranties or representations regarding these products or services and are not responsible for any issues or disputes that may arise.

You acknowledge and agree that BigBoxHost shall not be liable for any damages, losses, or expenses incurred as a result of your use of or interaction with any third-party services, products, or websites. This includes but is not limited to direct, indirect, incidental, consequential, or punitive damages.

When accessing or using third-party services through our platform, you are bound by the terms and conditions of those services. It is your responsibility to review and comply with the applicable third-party terms. We encourage you to exercise caution and use your own judgment when engaging with third-party services. BigBoxHost shall not be responsible or liable for any actions, content, or transactions conducted through third-party services. By using our Services and accessing third-party services, you agree to release and hold BigBoxHost harmless from any claims or liabilities arising from such interactions.


Partners Program

To participate in the partner program (affiliate, reseller, referral collectively known as "Partner"), you must be an existing customer of BigBoxHost and have an active account in good standing. You may not participate in the referral program if your account is suspended or terminated

i. Affiliate Program: To refer new customers, you will be provided with a unique referral link that can be shared with others. You may share this link through various channels, including social media, email, or other forms of communication. In order to qualify for a referral reward, the referred customer must sign up for BigBoxHost services using your affiliate link and complete the specified action, such as making a purchase or meeting certain usage requirements. The specific requirements for qualified referrals will be outlined in the affiliate program details. Once a referral is deemed qualified, you may be eligible to receive a reward as specified in the affiliate program details. Rewards may be in the form of account balance transfer, credits, discounts, or other benefits, and will be subject to any additional terms and conditions set forth in the affiliate program. Any referral rewards are non-transferable and may only be redeemed by the affiliate account holder.

iii. Reseller Program: The reseller program is intended for businesses that wish to resell BigBoxHost services to their own customers. To participate in the Reseller Program, you must apply and be accepted as a reseller by BigBoxHost. Once accepted, you will be provided with a reseller account will be charged the reseller price for BigBox services. You may not participate in the reseller program if your account is suspended or terminated.

BigBoxHost may terminate or modify the Partner Program, including but not limited to the commission schedules, at any time without notice. We reserve the right to determine whether a referred customer was referred by a Partner, and if the referral was made in good faith. We may revoke or suspend your referral or affiliate status at any time for any reason, including without limitation if we believe you are engaging in fraudulent or abusive activity. All referral and affiliate commissions are final and may not be transferred or withdrawn.


Cancellation and Refunds

BigBoxHost is not able to schedule cancellation for a specific time or date. To submit a cancellation request, please log in to your Client Portal, and request a cancellation under "My Services." When you request cancellation, we will follow this process: We will first contact you to confirm the cancellation and verify that you are authorized under your account to cancel it. Then, we will immediately suspend billing and cancel the account. We are not able to provide scheduled cancellations and all cancellations are effective either immediately or at the end of your billing cycle. Regarding mid-month or mid-period cancellations, BigBoxHost will not issue pro-rated refunds for cancellations received in the middle of a payment cycle. Refunds will not be given on a pro-rated basis for Services provided in a given billing period. Receipt by you of any Services in a given period will obligate you to pay for the Services during that entire billing period.


Dispute and Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in accordance with the Federal Arbitration Act and administered by the American Arbitration Association-International Centre for Dispute Resolution Foundation (“AAA-ICDR”) under its Consumer Arbitration Rules (collectively, AAA-ICDR Rules”) as modified by this TOS. The AAA-ICDR Rules and filing forms are available online at https://www.icdr.org/, by calling the AAA-ICDR at 1-212-484-4181. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

You and BigBoxHost agree that arbitration shall be the sole and exclusive forum for the resolution of any such disputes. You hereby waive any right to pursue any claims or disputes on a class or consolidated basis or in a representative capacity, and you agree that any arbitration will be conducted on an individual basis only. You and BigBoxHost also waive the right to a jury trial and agree that the arbitrator's decision will be final and binding, with limited exceptions under the Federal Arbitration Act

The arbitration shall be conducted by a single arbitrator appointed in accordance with the AAA-ICDR Rules. The location of the arbitration shall be determined by the AAA-ICDR Rules or as otherwise agreed upon by the parties. The arbitration proceedings shall be conducted in the English language. Each party shall bear its own costs and expenses of arbitration, and the parties shall share equally the fees and expenses of the arbitrator, unless otherwise provided by the AAA-ICDR Rules or as agreed upon by the parties

This arbitration agreement does not preclude you or BigBoxHost from seeking injunctive or other equitable relief in a court of competent jurisdiction for matters related to intellectual property rights, unauthorized access to the Services, or any unauthorized use or disclosure of confidential information. However, any claim for injunctive or equitable relief shall be subject to the exclusive jurisdiction of the state and federal courts.


Backup Services

Your use of BigBoxHost's Services is at your sole risk. This service is provided to you as a courtesy. BigBoxHost is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on BigBoxHost's servers. Any and all backup services provided by BigBoxHost, whether paid or not, are offered with no warranty or guarantee of their date, accuracy, and integrity. Backups are performed on servers that house shared and reseller packages only. No backups are performed for virtual private server (VPS) or dedicated server packages, unless you specifically purchase an additional service for this purpose. If your hosting account exceeds 10 GB, the account will not be included in BigBoxHost's automatic backup process.

If you ask BigBoxHost to restore a backup of your data that is located on a backup server maintained by BigBoxHost, you agree to pay a non-refundable "restoration fee" of $20.00 per backup restored to complete the request. By requesting that BigBoxHost restore a backup for you, you also confirm a backup restoration will overwrite any and all current data on your account. BigBoxHost cannot be held liable if a backup restoration does not complete successfully. BigBoxHost will never charge a backup fee to restore a backup to address an error or omission caused by BigBoxHost.


Restrictions On Storage Space Usage

All web hosting and reseller accounts are subject to the following restrictions on storage space usage: a) accounts must have valid, working websites, and not violate any previously subscribed terms; b) accounts are not for use of mass storage of backups, files, audio, video, zip files or others, as determined by BigBoxHost, at its sole discretion; and c) accounts are not for use of mass distribution of files, such as torrents or mirrors. Any account found violating these terms may be suspended or terminated without warning.


Termination

Either party may terminate these Terms of Service at any time, with or without cause, by providing written notice to the other party. Upon termination, your right to access and use the Services will immediately cease, and any licenses or permissions granted to you under these Terms will be revoked. You understand and agree that BigBoxHost shall not be liable to you or any third party for any termination of your access to the Services.

Upon termination, you will no longer have access to your account and any data or content associated with it may be deleted by BigBoxHost. It is your responsibility to retrieve and backup any data or content you wish to retain prior to the termination of your account. BigBoxHost shall not be liable for any loss or deletion of data or content following termination.

In the event of termination, any outstanding fees or charges incurred by you prior to the termination date shall be immediately due and payable. You agree to pay all such fees and charges in full. Termination of these Terms shall not relieve you of any obligations or liabilities incurred prior to the termination.

BigBoxHost reserves the right to terminate or suspend your access to the Services immediately, without prior notice or liability, for any violation of these Terms of Service or any other policies or guidelines provided by BigBoxHost. Additionally, BigBoxHost may terminate or suspend your access to the Services if required to do so by law or if necessary to protect the integrity or security of the Services or to prevent harm to BigBoxHost, its users, or third parties.


No Warrnty

The Services provided by BigBoxHost are provided on an "as is" and "as available" basis without any warranties or representations of any kind, whether express or implied. We do not warrant that the Services will be uninterrupted, error-free, or free from viruses or other harmful components. Your use of the Services is at your own risk.

We make guarantee as described in SLA policy regarding the availability, reliability, or performance of the Services. While we strive to provide a reliable and secure platform, there may be occasions when the Services are temporarily unavailable due to maintenance, upgrades, or unforeseen circumstances. We will make reasonable efforts to minimize any disruptions and provide advance notice whenever possible

BigBoxHost does not endorse, warrant, or guarantee the accuracy, completeness, or reliability of any content posted or transmitted by users or third parties through the Services. We disclaim any responsibility for any content or materials accessed, downloaded, or otherwise obtained through the Services. You are solely responsible for evaluating the accuracy, reliability, and usefulness of any information obtained through the Services.

To the maximum extent permitted by applicable law, BigBoxHost and its affiliates, directors, officers, employees, agents, and licensors shall not be liable for any direct, indirect, incidental, consequential, or special damages, including but not limited to damages for loss of profits, data, or other intangible losses, arising out of or in connection with the use or inability to use the Services, even if we have been advised of the possibility of such damages.

We do not warrant or represent that the Services are suitable for your specific needs, purposes, or requirements. It is your responsibility to ensure that the Services meet your individual requirements and to seek professional advice or contact our support team for more details if necessary.


Limitation of Liability

In no event shall BigBoxHost, its affiliates, directors, officers, employees, agents, or licensors be liable for any indirect, consequential, incidental, punitive, or special damages, including but not limited to damages for loss of profits, data, or other intangible losses, arising out of or in connection with your use or inability to use the Website or Services, even if we have been advised of the possibility of such damages. This limitation applies regardless of the theory of liability, whether based on contract, tort (including negligence), strict liability, or any other legal or equitable theory.

Subject to "Disputes and Arbitration" and to the maximum extent allowed by law, our overall liability to you for any claims arising from or related to this Terms of Service (TOS) or the Websites and Services, whether in contract, tort, or any other legal theory, is restricted to the total amount you have paid to us for the specific Services in question during the month preceding the event or circumstance that led to the claim.

You acknowledge and agree that the use of the Services involves inherent risks, and that BigBoxHost shall not be responsible for any damages or losses arising from such risks. These risks may include, but are not limited to, hardware or software failures, security breaches, data loss, or interruptions in service. You assume full responsibility for the selection, use, and results obtained from the Services, and you agree that any reliance on the Services is at your own risk. Each of these provisions is severable and independent of all other provisions of this TOS. The limitations in this section will apply even if any limited remedy fails of its essential purpose.


Indemnification

You agree to indemnify, defend, and hold BigBoxHost, its affiliates, directors, officers, employees, agents, and licensors harmless from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with: (a) your use of the Services or Website; (b) your violation of these Terms of Service; (c) your violation of any third-party rights, including intellectual property rights or privacy rights; (d) any content you submit, post, transmit, or otherwise make available through the Services; (e) your interaction with other users of the Services; or (f) any unauthorized access to or use of your account or the Services.

BigBoxHost reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with BigBoxHost in asserting any available defenses. You agree not to settle any matter without the prior written consent of BigBoxHost.

This indemnification obligation shall survive the termination or expiration of these Terms of Service and your use of the Services. You acknowledge and agree that this indemnification provision is an essential part of these Terms of Service and that, without it, BigBoxHost would not provide the Services to you.


Changes to the TOS

BigBoxHost reserves the right, at its sole discretion, to modify or replace any part of these Terms of Service by posting updates and changes to the Website. The customer will be notified in advance about any such changes in 30 (thirty) days before any such changes become effective. Your continued use of or access to the Website following the posting of any changes to these Terms of Service constitutes acceptance of those changes. BigBoxHost may also, in the future, offer new services and/or features through the Website (including, the release of new tools, services and resources). Such new features and/or services shall be subject to the terms and conditions of this TOS.


Date

These Terms of Service were last updated on July 13, 2023.