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Terms of Trade
The use of services from Big Mobs.com constitutes agreement of these terms.

Service
In exchange for fees paid in advance, Big Mobs.com will host your website(s) on one or more of our servers, so long as you abide by the terms and conditions set out on this page, and any other agreements that relate to the services we may provide to you. Service is ordered through our web sites. At the time the service(s) is/are ordered, you select the payment method and service term for the service(s) being established For all services except domain names, SSL’s, and dedicated IP addresses. You can elect to pay on a monthly, quarterly, or annual basis. Each payment is due at the start the service term for the service purchased on the interval you select. For domain purchases, you can elect to pay anywhere from one to ten years.

Permission to Host Your Content
For any website hosted with Big Mobs.com, it is necessary for you to upload your content to our servers. By uploading your content, you will be creating one or more copies of your content on our system. By purchasing hosting services from us, you acknowledge that these copies are being made, and give Big Mobs.com permission to maintain these copies and make them available to users of the Internet. Customers are solely responsible for providing all of the content and other data that make up their website.

Backups and Data Loss
Your use of the service is at your sole risk. Big Mobs.com is not responsible for files, emails and/or data residing on your account. You agree to take sole responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Big Mobs.com servers. Big Mobs.com is not responsible for recovering files, emails and /or data from backup.

Account Setup/Contact information
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address that is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. Providing false contact information of any kind may result in the termination of your account. All communications from Big Mobs.com to you will be sent via e-mail. It is the customer’s responsibility to keep the email contact we have on file as well as the email contact listed under WhoIS accurate and up to date at all times Note: Users of a challenge/response mail system will need to white list the domains “bigmobs.com ” as we cannot individually respond to the challenges generated by these mail systems

Automatic Renewal
Signing up with Big Mobs.com constitutes an agreement for your account to be renewed on a re-occurring basis and billed to the credit card on file. You agree that until and unless you notify Big Mobs.com of your desire to cancel any or all services received, those services will be billed on a recurring basis. If you do not wish to renew your service you will need to cancel your account 10 days prior to the renew date. If you fail to cancel prior to renewal, the account will be renewed for the new term. Cancellations must be done through our online cancellation form. Account information including your next renew date and which credit card we have on file are always listed by logging into https://www.bigmobs.com/client

Cancellations
Big Mobs.com reserves the right to cancel an account at any time or without notice. Any abuse, vulgarity, or mistreatment of our staff in any format will result in the suspension or termination of your services. The only way to cancel an account is to submit information through our online cancellation form. Accounts are not officially closed until we receive a properly executed and authenticated cancellation form. All cancellation requests must be made by the account holder and authenticated with the account user name and password. Once we have received your cancellation and have validated the necessary information, we will inform you via email that the account has been cancelled. Your email will be assigned a ticket number which can be used for your reference and verification purposes. Your account has not been closed until you have received this conformation email.

We require that the cancellation of service is done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed. We do not accept cancellations by telephone, email, fax, or letter. Big Mobs.com is not responsible for refunding any charges that result from an improperly closed account.

Refunds
Big Mobs.com provides an unconditional 30 day money back guarantee on shared hosting, reseller hosting and premium email accounts for any customer who paid the first invoice with a credit card or PayPal. -Cheques, postal orders or bank cheque payments are non-refundable and will be posted as a credit to the customer’s account. There are no refunds on dedicated servers, collocated servers, dedicated IPs, SSL certificates, upgrade to hosting services, website development, logos and domain purchases. No refunds will be given on set up, install, administrative, upgrade, late, data recovery and any other miscellaneous fees. If you cancel your account after the 30 days or after your hosting or website plan has renewed, Big Mobs.com will not be responsible to issue any refunds. On dedicated servers and collocation no full refund will be honored. The 30 day money back guarantee does not apply. We reserve the right to refund or credit a prorated amount or no refund at all on these accounts.

Suspensions
As a client of Big Mobs.com, it is your responsibility to ensure that your account and payment information is accurate and up to date, and that all invoices are paid on time. ? Accounts are invoiced 10 days prior to the date in which they are due. Big Mobs.com then provides a 15 day grace period from which the time an invoice is due to when it must be paid. ? After 15 days have passed from the due date of an invoice and we have not received full payment, Big Mobs.com reserves the right to suspend your account and/or issue a late fee. If payment is then made in full we will remove the suspension and reinstate the account. ? After 35 days have passed from the suspension date and payment has not been made in full, Big Mobs.com reserves the right to terminate the account. This gives a total of 60 days from the invoice date to make payment before termination. By using our services, you herby acknowledge that is Big Mobs.com policy in regards to overdue accounts and waive all rights to your account after it is 60 days or move overdue.

Chargebacks
If you feel that Big Mobs.com has incorrectly charged your credit card, you are required to contact our accounts department first for a correction. If you chose to contact your credit card company and issue a chargeback then you will be responsible for a $50 chargeback fee. The account will be immediately suspended and if payment is not made, the corresponding account will be terminated.

Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

Price Changes
The price you pay for hosting plans and website plans will never increase or decrease from the date of purchase. Big Mobs.com reserves the right to change our prices listed on bigmobs.com, and the right to increase the amount of resources given to plans at any time without notice. With request we will update your account to reflect the current advertised limits, or to the original limits, whichever is greater.

Special Pricing Note
Special monthly pricing displayed is only available after term pre-payment. We offer monthly and quarterly payments which are not offered at the promotional rate.

Content
All services provided by Big Mobs.com may only be used for lawful purposes. The laws of New Zealand and Australia apply. The customer agrees to indemnify and hold harmless Big Mobs.com from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email abuse@bigmobs.com with the information required. If the request is of a licensing issue, we may require further documentation.

Examples of unacceptable material on all Shared servers include: IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpgs, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.

Using a shared account as a backup/storage device is not permitted.

Examples of unacceptable material on Dedicated servers include: Pirated Software / Warez, Escrow, sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites,, lottery sites, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited. Big Mobs.com services, including all related equipment, networks and network devices are provided only for authorized customer use. Big Mobs.com systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability and operational security.

During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Big Mobs.com system(s) constitutes consent to monitoring for these purposes.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to email from our abuse department within 72 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket/email and will have a response within 72 hours.
If in doubt regarding the acceptability of your site or service, please contact us at abuse@bigmobs.com and we will be happy to assist you. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography; any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Direct customers Your services will be terminated with or without notice. Violations will be reported to the appropriate Police Department. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. Set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

Acceptable Use/Illegal Activity
Big Mobs.com strives to maintain a high-level of service, and a lot of customers depend on our high standards of quality. As such, we will not provide services to those that are using our services for:

Hacking, which includes, for example, penetrating or attempting to access, without authorization, another computer or network? Port scans, stealth scans, and fraudulent credit card "phishing" techniques are also prohibited.

Hosting of files or other data that infringes on anothers copyright or other intellectual property rights.

Spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which includes the sending of unauthorized commercial messages by use of our services, or by maintaining an open SMTP connection. We reserve the right to refuse or terminate service based on reasonable indications that you are engaged in spamming of any sort.

Uploading or linking to any content that violates another s right of publicity or privacy.

Distributing hate speech, or any other content that is obscene, abusing, which could be considered libelous and defamatory?

Hosting, storing, or distributing child pornography. If any such content is found and brought to our attention, the proper law enforcement agencies will be notified.

Hosting large amounts of data not specifically tied ("linked") to your hosting account. Bigmobs.com encourages users looking for file storage/backup solutions to seek other services that specialize in this.

Resource Usage
User may not:

a) Use 10% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
f) Participate in any file-sharing/peer-to-peer activities
g) Run cron entries with intervals of less than 15 minutes
h) Send more than 100 emails per hour via mailing lists or other means When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include ("http://yourdomain.com/include.php") use include ("include.php")

INODES
The use of more than 30,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 30,000 inode limit will automatically be removed from our backup system to avoid over usage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode. Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit.

Indemnification
Customer agrees that it shall defend, indemnify, save and hold Big Mobs.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Big Mobs.com, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Big Mobs.com against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Big Mobs.com; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Big Mobs.com server.

Arbitration
By using any Big Mobs.com services, you agree to submit to binding arbitration. If any disputes or claims arise against Big Mobs.com or its subsidiaries, such disputes will be handled by an arbitrator of Big Mobs.com choice. Arbitrators shall be lawyers or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrators award is final and binding on all parties. Arbitration Act of New Zealand governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

Disclaimer
Big Mobs.com Expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Servers are provided on an “as is” and “as available” basis. Big Mobs.com makes no warranty that its services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects will be corrected Big Mobs.com does not warrant, nor make any representations regarding the use, or result of, any of the services it provides, in terms of their correctness, accuracy, reliability, or otherwise.

Limitation of Liability
In no event should Big Mobs.com be liable to you or any other person for any indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profit or goodwill, for any matter whether such liability is asserted on the basis of contract, tort(including negligence), breach of warranties, either express or implied, any breach of this agreement or its incorporated agreements and policies, your inability to use the software or services, your loss of data or files or otherwise, even if Big Mobs.com has been advised of such damages. You agree that in no event shall our maximum aggregate liability exceed the total amount paid by you for the services in dispute purchased from us

Changes to our Terms of Service
Big Mobs.com reserves the right to revise our terms of service without notice. We will post the changes here, and your continued use of the services means you accept the changes we have made.

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