Terms of Service & Use

1.       Service!

a.       BigDaddyHost ("we"; "our") will provide Customer ("you"; "your") with the plan as subscribed for service in the form of hardware, operating system (OS), system software, and Internet connectivity as specified by the plan.  We will provide you with the root access password for the assigned service upon sign-up, where applicable.

b.      Our service does not include custom or third-party software installation, software maintenance or troubleshooting, software patches or upgrades, system administration or custom scripts.

c.       In order to add new services, you must carry a balance large enough to purchase the needed service or pay at the time of purchase.

d.      Your services will not be activated until your initial payment and executed agreements are received and we finalize your account verification.

e.      We will provide you with 24/7 technical support by case through the online account manager (https://admin.BigDaddyHost.com), as located under the "Support" tab.

f.        We will only support you, not your customers.  We will not support your software applications.  We will not provide training to you on how to configure or administer your services or HTML programming or any other scripting languages.

g.       We may modify account or service pricing at any time. Increases will take effect thirty (30) calendar days after notice has been provided to you. You may choose to cancel the account or service to avoid a price increase.

2.       Billing!

a.       Your standard account due date is the 1^st of every month.

b.      All purchases (with the exception of Domain Name Renewals, Overage Charges, and On-Demand Services) are added to the account and prorated to match this standard billing date.  Overage Charges and On-Demand Services must be paid immediately upon posting to the account.

c.       It is your responsibility to make sure we receive your due payment by the payment due date.  Service charges are automatically polled at 12:00 PM Pacific Time the day following the due date, at which time unpaid services are automatically suspended.

d.      Suspended services are reactivated only after receipt of payment in full.

e.      Accounts which are set up for automatic payments with have the service totals charged 5 days before the account due date.  This 5-day window is provided to correct any errors which may arise from expired credit cards, etc.  Confirmation and failure notices for automatic payments are sent to the billing contact (as specified in the online account manager) for notification purposes.

f.        We do not offer physical billing invoices at this time.  All billing messages are provided via the online account manager.

3.       Security!

a.       You are responsible for complying with United States federal, state, and local laws, and applicable laws of any other countries with which you use the Internet to communicate. You may not participate in or support any illegal activities through the use of the service we provide. We do not control the content of network traffic to or from our services or network.

b.      Security is an important part of Internet-based businesses, and it is important that you understand the security policies applied to the services by BigDaddyHost. Every service you sign up for is built using our latest operating system builds, and it contains the latest vendor-supplied patches as tested by BigDaddyHost.

c.       However, as we does not maintain control over the actual operating system, we do not claim responsibility for your services. Keeping the security of a service up-to-date is a continuous task, and it is the responsibility of you as Customer.

d.      While our builds provide the initial security to keep your data secure, new security problems arise with all service types every day, and we cannot maintain the security of all of the systems operated by you. The only exception to this case is services that are directly maintained by BigDaddyHost, such as the physical servers which host the Virtual Servers, to which you do not have shell access. We will maintain the security on this subset of systems. 

e.      In the event of a system compromise on a service we are not maintaining, it is the responsibility of you to back up your data and contact BigDaddyHost to take action. Our policy is to immediately re-install any compromised services on our network, as they pose a threat to all of our systems.

                                                               i.      IRC Activity — We discourage IRC activity on our network because it attracts network attacks far more than any other activity. If your service is attacked or is used to attack other hosts and is found to be running IRC, we may disconnect your IRC server and require you to supply a $500 security deposit to cover costs associated with future network attacks. At the end of your term of service with us (or if you discontinues IRC activity entirely), we will refund the deposit if there have been no network attack incidents. You should open a case through the online account manager for details on how to make this payment. 

                                                             ii.      Action by Company in Security Violation — We reserve the right to act immediately regarding security violations. This may include without limitations the immediate disconnection of services without notice or the termination of services.

4.       Termination?

a.       We reserve the right to terminate this agreement at any time without notice in the event of a breach of the agreement unless there are specific provisions for resolving this breach and you meet these provisions.

b.      Billing — Services which are overdue for more than 10 days will be deleted and the data will no longer be accessible to you.

c.       Acceptable Use Policy ("AUP") — Services with unresolved abuse or AUP matters which are not responded to within 10 days will be considered abandoned and will be deleted from your account.

d.      Under no circumstances are we responsible for any damages resulting from termination of service.

5.       Disputes?

a.       All payments made to BigDaddyHost, or its parent company CariNet, Inc., are not refundable.  This includes service charges, which are not refundable should you choose to terminate your account prior to the paid period´s expiration.

b.      To dispute a charge, you must open a case through the online account manager (https://admin.BigDaddyHost.com) to notify BigDaddyHost of the disputed amount.

c.       If the charge is due, you must pay the whole amount to avoid service disruption.

d.      You will receive a response within 7 business days.  Should we validate your claim, your account will be credited.

6.       Service Level Agreement ("SLA")

a.       We provide a 100% uptime guarantee on all our hardware and our network connectivity.  If we are not able to provide the services guaranteed by this Service Level Agreement, we will credit your account 5% of the monthly service charge for each hour on the affected devices, up to a 100% cumulative of the monthly service charge of the affected devices over the course of your billing month.  To request this credit, you will need to open a case in the online account manager.

b.      Exclusions:

                                                               i.      Scheduled and Emergency Maintenances

                                                             ii.      Downtime caused outside of our control, including but not limited to issues caused by customer-installed software, distributed denial of service (DDoS) against your services, and customer-side connectivity.

                                                            iii.      Any suspension or termination of account or services

7.       Privacy Policy

a.       We take your right to privacy seriously and want you to feel comfortable using our website. This Privacy Policy deals with personally identifiable information (referred to as "Data" below) that may be collected by BigDaddyHost on our site. This Policy does not apply to other entities that we do not own or control or persons that are not our employees, agents or within our control.

b.      Collection of Data — Our registration process requires you to provide personally identifiable information. Providing us with other information is at your option. Please take note that your user names, e-mail addresses, or other submissions made on our site may contain a real name or other personally identifiable information and, as a result, may appear on this site. Like many websites, we may also automatically receive general information that is contained in our server log files such as your IP addresses and cookie information. Information about how advertising may be served on this site (if at all) is set forth below. 

c.       Use of Data — We may use Data to customize and improve your user experiences on this site. We will make efforts so that your Data will not be provided to third parties unless 

                                                               i.      provided for otherwise in this Privacy Policy; 

                                                             ii.      we obtain your consent, such as when you choose to opt-in or opt-out to the sharing of Data; 

                                                            iii.      a service provided on our site requires the interaction with or is provided by a third party, by way of example an Application Service Provider; 

                                                           iv.      pursuant to legal process or law enforcement; 

                                                             v.      we find that your use of this site violates this Policy, Terms of Use, other usage guidelines or as deemed reasonably necessary by BigDaddyHost to protect our legal rights and/or property; 

                                                           vi.      this site is purchased by a third party whereby that third party will be able to use the data in the same manner as we can as set forth in this Policy. In the event you choose to use links that appear on the BigDaddyHost site to visit other websites, you are advised to read the privacy policies that appear on those sites. 

d.      Cookies — Like many websites, we set and use cookies to enhance your user experience, such as retaining your personal settings. Advertisements may appear on our website and, if so, may set and access cookies on your computer and is subject to the privacy policy of those parties providing the advertisement. However, the companies serving the advertising do not have access to our cookies. These companies usually use non-personally identifiable or anonymous codes to obtain information about your visits to our site. 

e.      Editing or Deleting Company Account Information — We provide you with the ability to edit the information in your user account information that you provided to BigDaddyHost in registration by using your personal page configuration area. You may request deletion of your user account by contacting the BigDaddyHost webmaster. Content or other data that you may have provided to BigDaddyHost and that is not contained within your user account, such as posts that may appear within our forums, may continue to remain on our site at our discretion even though your user account is deleted. 

f.        Changes to this Privacy Policy — We may make changes to this Policy from time to time. We will notify you of substantial changes to this Policy either by posting a prominent announcement on our site and/or by sending a message to the e-mail address you have provided to BigDaddyHost that is contained within your user settings. 

g.       No Guarantees — While this Privacy Policy states our standards for maintenance of data and we will make efforts to meet them, we are not in a position to guarantee these standards. There may be factors beyond our control that may result in disclosure of data. As a consequence, we disclaim any warranties or representations relating to maintenance or nondisclosure of data. 

h.      Contact Information — If you have any questions about this Policy or our website, please feel free to contact BigDaddyHost. 

8.       Additional Terms

a.       Limitation of Liability — WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE PRODUCT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF USE, LOST DATA, LOSS OF PRIVACY, DAMAGES TO THIRD PARTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIMS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR OTHERWISE. IT IS YOUR RESPONSIBILITY FOR THE USAGE OF YOUR ACCOUNT AND ANY CONSEQUENCES OF THIS USAGE.

b.      No Warranties — Our services are provided as — is, and are to be used at your own risk. We provide no warranties of any kind, expressed or implied, including warranties of saleability or fitness for any particular purpose. We are not responsible for hardware or software damage, loss of wages or data, or any other financial or personal loss resulting from the use of, or inability to use, the service. Any liabilities are strictly limited to the amount of the fee(s) paid for services rendered.

c.       Indemnification — You shall indemnify, defend by counsel reasonably accepted by BigDaddyHost, protect and hold BigDaddyHost and its directors, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, damages, expenses, including attorneys´ fees and court costs, demands, or judgments directly or indirectly arising out of or related to the services. Due to the unsecure nature of much of the global Internet, we strongly suggest that credit card numbers or other personal information never be sent through e-mail or any other Internet service, unless proper encryption is used. You are fully liable and responsible for the security and integrity of the services you use, including Internet servers. We will not be held liable for any security breaches that may occur. You as Customer agree to fully indemnify and hold harmless BigDaddyHost and its parent company CariNet, Inc., from any legal or financial claims that may result from a breach in the security of your services.

d.      Content — You are solely responsible for the content on the service(s).

e.      Venue — This Agreement was entered into in the State of California and its validity, construction, interpretation and legal effect shall be governed by the laws and judicial decisions of the State of California applicable to contracts entered into and performed entirely within the State of California.

f.        Severability — If any portion of this agreement is found to contradict federal, state, or local laws, the remaining portions will remain in full force. Any and all disputes regarding or resulting from this agreement will be governed by the laws and courts of San Diego, California.

g.       Modification — Company reserves the right to add, delete, or modify any provision of its Terms of Service at any time without notice.