|We ("The Company") agree
to furnish services to the Subscriber, subject to the following TOS
(Terms of Service). Use of our Service constitutes acceptance and
agreement to our AUP as well as our TOS (Terms of Service). All
provisions of this contract are subject to the TOS (Terms of
Service) and AUP (Acceptable Use Policy). The AUP may be changed
from time to time at the discretion of the Company. Subscriber
understands that change to the AUP by the Company shall not be
grounds for early contract termination or non-payment. Last
1. Disclosure to Law Enforcement
The AUP specifically prohibits the use of our service for
illegal activities. Therefore, Subscriber agrees that the Company
may disclose any and all subscriber information including assigned
IP numbers, account history, account use, etc. to any law
enforcement agent who makes a written request without further
consent or notification to the Subscriber. In addition we shall have
the right to terminate all service set forth in this Agreement.
2. Service Rates
Subscriber acknowledges that the nature of the service
furnished and the initial rates and charges have been communicated
to Subscriber. Subscriber is aware that the Company may
prospectively change the specified rates and charges from time to
time. The promotional offer is contingent upon Company achieving and
maintaining its cost of service goals including but not limited to
rates charged to company by its suppliers.
Establishment of this service is dependent upon receipt by
the Company of payment of stated charges. Subsequent payments are
due on the anniversary date of the month for that month's service.
4. Payments and Fees
Service will be interrupted on accounts that fail to send payment by
due date. Accounts will then be permanently deleted and
disconnected without refund after seven (7) days unless contact is
made to Company and special arrangements are made. Accounts that are
not collectable by us may be turned over to an outside collection
agency for collection. If your account is turned over for
collection, you agree to pay the company a "Processing and
Collection" Fee of not less than $50 nor more than $150. If you
desire to cancel your account, please follow the proper procedure to
do this as outlined in this TOS.
5. Refund and Disputes
All payments to us are nonrefundable unless cancellation of
account occurs within the thirty (30) day "Money Back Guarantee"
period for services only including shared hosting & reseller
accounts, and not including domain name
registration(s), VPS servers, dedicated servers or when our company finds a fit reason. All account
cancellations/refunds must be submitted to our billing department
within three (3) days before the next billing cycle via a
support ticket.. This includes
the one time setup fee, if applicable, and subsequent charges. All overcharges or billing disputes must be
reported within 30 days of the time the dispute occurred. You will
be liable for any overage charges/usage. If you
dispute a charge to your credit card issuer that, in our sole
discretion is a valid charge under the provisions of the TOS and /or
AUP, you agree to pay us an "Administrative Fee" of not less than
$50 and not more than $150.
6. Failure to Pay
The Company may temporarily deny service or terminate this Agreement
upon the failure of Subscriber to pay charges when due. Such
termination or denial will not relieve Subscriber of responsibility
for the payment of all accrued charges, plus reasonable interest and
any collection fees.
7. Account Cancellation
Requests for canceling accounts must be submitted to our billing
department within 3 days before the next billing cycle and no more
than 60 days prior than payment period ends via a
support ticket. If
you cancel your VPS or dedicated server before the 1st 30 days of
service, you agree to pay us an "Administrative Fee" of not less
than $50 and not more than $150.
8. Subscriber acknowledges that the service provided is
of such a nature that service can be interrupted for many reasons
other than the negligence of the company and that damages resulting
from any interruption of service are difficult to ascertain.
Therefore, subscriber agrees that the company shall not be liable
for any damages arising from such causes beyond the direct and
exclusive control of the company. Subscriber further acknowledges
that the company's liability for its own negligence may not in any
event exceed an amount equivalent to charges payable by subscriber
for services during the period damages occurred. In no event shall
the company be liable for any special or consequential damages, loss
9. Support Boundaries
We provide technical support to our subscribers. We limit our
technical support to our area of expertise. The following is our
guidelines when providing support: we provide support related to
your server or virtual site physical functioning. We do not offer
tech support for application specific issues such as cgi
programming, html or any other such issue. We do not provide
technical support for YOUR customers. Support may be requested by
opening a support ticket via our online helpdesk located at http://www.bigdogservers.com/clientcenter.
If you are able to get online and have other questions, the answers
may be in our Frequently Asked Questions or Support section - we
encourage you to check there first. Lastly, the Help files in the
program you are using may have the answer to your question so please
do investigate these resources before contacting technical support.
9b. Transfering Accounts
We do offer a transfer of accounts for free for all plans and
packages. How ever they must be submitted with in the first week (7
days) of payment received by us. With in the one week period we will
transfer up to 40 accounts for free. Any number after that will we
charge a one time fee of $10 for 10 accounts to be transferred over.
Any request to transfer accounts after the one week period will be
subject to a $10 fine for 1 - 20 accounts and another $10 for 20 -
30 accounts and $10 after that for 10 accounts to transfer over. If
an account was transfer over and missing files are not there, please
contact us ASAP and read any or all notes that we have sent to you
in the email. We will transfer accounts for free if it was our fault
or any problems we have caused by us. How ever once we transfer the
accounts and they appear to be missing files and notes we have gave
return that all accounts transfer fine and the attached log files
agree with us we will not transfer accounts for free. You will be
subjected to $10 for 1 - 20 accounts and another $10 for 10 accounts
after that. We recommend that you change your DNS settings on your
old host to ours to prevent any files from being lost. Contact the
support department if you have any questions about this. We will try
our best to help you out.
10. SPAM and Unsolicited Commercial Email (UCE)
We take a zero tolerance approach to the sending of
Unsolicited Commercial Email (UCE) or SPAM over our network. Very
simply this means that customers may not use or permit others to use
our network to transact in UCE. Customers may not host, or permit
hosting of, sites or information that is advertised by UCE from
other networks. Violations of this policy carry severe penalties,
including termination of service.
10a. Violation of the SPAM policy will result in severe
penalties. Upon notification of an alleged violation of our SPAM
policy, we will initiate an immediate investigation (within 48 hours
of notification). During the investigation, we may restrict customer
access to the network to prevent further violations. If a customer
is found to be in violation of our SPAM policy, we may, at its sole
discretion, restrict, suspend or terminate customer's account.
Further, we reserve the right to pursue civil remedies for any costs
associated with the investigation of a substantiated policy
violation. We will notify law enforcement officials if the violation
is believed to be a criminal offense.
10b. First violations of this policy will result in an
"Administrative Fee" of $250 and your account will be reviewed for
possible immediate termination. A second violation will result in an
"Administrative Fee" of $500 and immediate termination of your
account. Users who violate this policy agree that in addition to
these "Administrative" penalties, they will pay "Research Fees" not
to exceed $175 per hour that our personnel must spend to investigate
the matter. PLEASE, DO NOT SPAM from your account!
10c. As our Customers are ultimately responsible for the actions
of their clients over our network, it is advisable that Customers
develop a similar, or stricter, policy for their clients.
10d. IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or
services on their server that support spammers or cause any of our
IP space to be listed in any of the various Spam Databases will have
their server immediately removed from our network. The server will
not be reconnected until such time that you agree to remove
ANY and ALL traces of the offending
material immediately upon reconnection and agree to allow us access
to the server to confirm that all material has been
COMPLETELY removed. Severe violations may result in
immediate and permanent removal of the server from our network
without notice to the customer. Any server guilty of a second
violation WILL be immediately and permanently
removed from our network without notice.
11. IP Address Ownership
If we assign Customer an Internet Protocol address for
Customer's use, the right to use that Internet Protocol address
shall belong only to us, and Customer shall have no right to use
that Internet Protocol address except as permitted by us in our sole
discretion in connection with the Services, during the term of this
Agreement. We shall maintain and control ownership of all Internet
Protocol numbers and addresses that may be assigned to Customer by
us, and we reserve the right to change or remove any and all such
Internet Protocol numbers and addresses, in its sole and absolute
discretion. Our allocation of IP addresses is limited by ARIN's new
policies. These new policies state that use of IP addresses for IP
based virtual hosts will not be accepted as justification for new IP
addresses. What this means to you is that you MUST use
name-based hosting where possible. We will periodically
review IP address usage, and if we find that clients are using IP
addresses where name-based hosting could be used, we will revoke
authorization to use those IP addresses that could be used with
12. Bandwidth and Disk Usage
Customer agrees that bandwidth and disk usage shall not
exceed the number of megabytes per month for the Services ordered by
Customer on the Order Form (the "Agreed Usage"). We will monitor
Customer's bandwidth and disk usage. If usage has not exceeded but
based on the daily, weekly, average usage, we have the right to take
corrective actions. We have the right to take
corrective action if Customer's bandwidth or disk usage exceeds the
Agreed Usage. Such corrective action may include the assessment of
additional charges, disconnection or discontinuance of any and all
Services, or termination of this Agreement, which actions may be
taken is in our sole and absolute discretion. If we take any
corrective action under this section, Customer shall not be entitled
to a refund of any fees paid in advance prior to such action. In the
event that a customer exceeds the included allocation, we may, at
our sole discretion, collect a deposit, in an amount determined by
us, against customer's credit card on file with us.
13. System and Network Security
Users are prohibited from violating or attempting to
violate the security of our Network. Violations of system or network
security may result in civil or criminal liability. We will
investigate occurrences, which may involve such violations and may
involve, and cooperate with, law enforcement authorities in
prosecuting Users who are involved in such violations. These
violations include, without limitation:
i . Accessing data not intended for such User or
logging into a server or account, which such User is not authorized
ii. Attempting to probe, scan or test the
vulnerability of a system or network or to breach security or
authentication measures without proper authorization.
iii . Attempting to interfere with service to
any user, host or network, including, without limitation, via means
of overloading, "flooding", "mail bombing" or "crashing".
iv . Forging any TCP/IP packet header or any
part of the header information in any e-mail or newsgroup posting.
v . Taking any action in order to obtain
services to which such User is not entitled.
13. Notification of Violation:
We are under no duty to look at each customer's or user's
activities to determine if a violation of the AUP has occurred, nor
do we assume any responsibility through our AUP to monitor or police
First violation: Any User, which we determine to have violated any
element of this Acceptable Use Policy, shall receive an email,
warning them of the violation. The service may be subject at our
discretion to a temporary suspension pending a User's agreement in
writing, to refrain from any further violations.
Second Violation: Users that we determine to have committed a second
violation of any element of this Acceptable Use Policy shall be
subject to immediate suspension or termination of service without
We reserve the right, to drop the section of IP space involved in
Spam or Denial-of-Service complaints if it is clear that the
offending activity is causing great harm to parties on the Internet.
In particular, if open relays are on your network or a customer's
network, or if denial of service attacks are originating from your
network. In certain rare cases, we may have to do this before
attempting to contact you. If we do this, we will contact you as
soon as is feasible.
14. Suspension of Service or Cancellation
We reserve the right to suspend network access to any
customer if in the judgment of the network administrators the
customer's server is the source or target of the violation of any of
the other terms of the AUP or for any other reason which we choose.
If inappropriate activity is detected, all accounts of the Customer
in question will be deactivated until an investigation is complete.
Prior notification to the Customer is not assured. In extreme cases,
law enforcement will be contacted regarding the activity. The
customer will not be credited for the time the customer's machines
We reserve the right to amend its policies at any time. All
Sub-Networks, resellers and managed servers must adhere to the above
policies. Failure to follow any term or condition will be grounds
for immediate Cancellation. You will be held responsible for the
actions of your clients in the matter described on these Terms and
conditions. Therefore, it is in your best interest to implement a
similar or stricter Terms and conditions or otherwise called
We wish to emphasize that in agreeing to the Acceptable Use
Policy (AUP) and Terms of Service (ToS), customer indemnifies us for
any violation of the Acceptable Use Policy (AUP) and Terms of
Service (ToS) that results in loss to us or the bringing of any
claim against us by any third-party. This means that if we are sued
because of a customer's or a customer of a customer's activity, the
customer will pay any damages awarded against us, plus all costs and
16. Miscellaneous Provisions
You must provide us with, and keep current, good contact
information for you. E-mail, fax, and telephone contacts are used,
in that order of preference.
A waiver by the Company of any breach of any provision of this
Agreement by Subscriber shall not operate as or be construed as a
continuing or subsequent waiver thereof or as a waiver of any breach
of any other provision thereof.
Subscriber shall not transfer or assign this Agreement without
the prior written consent of the Company. Company may assign
Agreement at anytime without consent from or notice to Subscriber.
Company reserves right to cancel customers rights under this
contract at anytime without further obligation.
We take no responsibility for any material input by others and
not posted to our web site by us. We are not responsible for the
content of any other websites linked to us; links are provided as
Internet navigation tools only. We disclaim any responsibility for
any such inappropriate use and any liability to any person or party
for any other person or party's violation of this policy.
We are not responsible for any damages your business may suffer.
We do not make implied or written warranties for any of our
services. We deny any warranty or merchantability for a specific
purpose. This includes loss of data resulting from delays,
non-deliveries, wrong delivery, and any and all service
interruptions caused by us.
It is absolutely forbidden to host pornographic content or IRC
servers on Virtual Server Accounts. Virtual Server Accounts found
hosting this material will be subject to immediate cancellation
17. Responsibility for Content
You, as the customer, are solely responsible for the
content stored on and served by your server.
18. Windows Servers
Requirements for using Microsoft software. Subscribers are
prohibited from allowing more than five (5) authenticated users of
the Microsoft Windows Server Operating Systems under Microsoft
licensing terms and could create liability issues with Microsoft if
Customer agrees not to remove, modify or obscure any copyright,
trademark or other proprietary rights notices that appear on
Software Products or that appear during the use of Software
Products. Customer further agrees not to reverse engineer,
decompile, or disassemble the Software Products.
We may provide you access to other third party software and/or
services ("Third Party Products ") through reseller relationships we
have established with certain commercial vendors, including without
limitation, Microsoft Corporation ("Third Party Vendors"). Unless
otherwise notified, Customer understands that product support for
Third Party Products is provided by us and not by the Third Party
Vendor. Neither us nor any Third Party Vendor makes any
representations or warranties, express or implied, regarding any
Third Party Products. Customer expressly acknowledges and agrees
that use of third party products is at customer's sole risk and such
third party products are provided "as is" and without representation
or warranty of any kind from us or any third party vendor, including
without limitation, any implied warranty of merchantability, fitness
for a particular purpose, accuracy or completeness of responses or
results, correspondence to description, or non-infringement of third
party rights. To the maximum extent permitted by applicable law,
neither us nor any third party vendor will be legally responsible
for any damages, whether direct, indirect, or consequential, arising
from the use or inability to use any third party product. Customer
agrees to observe the terms of any license and/or applicable end
user subscriber agreement for third party products and that customer
shall be fully liable to third party vendors and us with respect to
any improper use of such third party products or violation of
license agreements with them and/or applicable end user subscriber
19. Abuse Towards Our Staff or Network Staff
Abuse Towards our staff or our network staff will not be
tolerated, If you use foul language, threaten us, or anything we may
find offensive, we may suspend your account, or if we decide it
needs to be delete it and offer no refund.
Acceptable Use Policy
|Our Acceptable Use Policy ("AUP")
is provided to give our customers and users a clear
understanding of what we expect of them while using the service.
All users of our services: those who access some of our Services
but do not have accounts, as well as those who pay a service fee
to subscribe to the Services, must comply with this AUP and our
TOS (Terms of Service).
Use of our Service constitutes acceptance and agreement
to The AUP as well as The TOS (Terms of Service)
We support the uncensored flow of information and ideas over
the Internet and do not actively monitor subscriber activity
under normal circumstances. Similarly, we do not exercise
editorial control over the content of any web site, e-mail
transmission, newsgroups, or other material created or
accessible over or through the services, except for certain
proprietary Web sites. However, in accordance with our TOS
(Terms of Service), we may remove any materials that, in our
sole discretion, may be illegal, may subject us to liability,
may be harmful to the server or other users, or which may
violate this AUP. We may cooperate with legal authorities and/or
third parties in the investigation of any suspected or alleged
crime or civil wrongdoing. Your violation of this AUP may result
in the suspension or immediate termination of either your
account or the domains within your account as detailed in
Section 3 WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understand of our
Acceptable Use Policy. The following are guidelines for the
establishment and enforcement of the AUP:
- Ensure reliable service to our customers
- Ensure security and privacy of our systems and network, as
well as the networks and systems of others
- Comply with existing laws
- Maintain our reputation as a responsible service provider
- Encourage responsible use of the Internet and discourage
activities which reduce the usability and value of Internet
- Preserve the value of Internet resources as a conduit for
free expression and exchange of information
- Preserve the privacy and security of individual users
We intend to provide our customers access to everything the
Internet has to offer. While we are firmly committed to the
principles of free speech, certain activities that may be
damaging to the resources of both us and the Internet and cannot
be permitted under the guise of free speech. The resources of us
and the Internet are limited, and abuse of these resources by
one user has a negative impact on the entire community.
We do not routinely monitor the activity of accounts except for
measurements of system utilization and the preparation of
billing records. However, in our efforts to promote good
citizenship within the Internet community, we will respond
appropriately if we become aware of inappropriate use of our
You may not use your dedicated rack or virtual site to publish
material, which we determine, at our sole discretion, to be
unlawful, indecent or objectionable. For purposes of this
policy, "material" refers to all forms of communications
including narrative descriptions, graphics (including
photographs, illustrations, images, drawings, and logos),
executable programs, video recordings, and audio recordings.
If an account is used to violate the Acceptable Use Policy or
our TOS, we reserve the right to terminate your service
without notice. We prefer to advise customers of
inappropriate behavior and any necessary corrective action,
however, flagrant violations of the Acceptable Use Policy will
result in immediate termination of service. Our failure to
enforce this policy, for whatever reason, shall not be construed
as a waiver of our right to do so at any time.
As a member of our network community, you must use your Internet
access responsibly. If you have any questions regarding this
policy, please contact us.
VIOLATIONS OF The ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
||1. Illegal use: Our services may not be
used for illegal purposes, or in support of illegal
activities. We reserve the right to cooperate with legal
authorities and/or injured third parties in the
investigation of any suspected crime or civil wrongdoing.
2. Harm to minors: Use of our service to
harm, or attempt to harm, minors in any way, including, but
not limited to child pornography.
3. Threats: Use of our service to
transmit any material (by e-mail, uploading, posting or
otherwise) that threatens or encourages bodily harm or
destruction of property.
4. Harassment: Use of our service to
transmit any material (by e-mail, uploading, posting or
otherwise) that harasses another.
5. Fraudulent activity: Use of our
service to make fraudulent offers to sell or buy products,
items, or services, or to advance any type of financial scam
such as "pyramid schemes," "phishing schemes," "ponzi
schemes," and "chain letters."
6. Forgery or impersonation: Adding,
removing or modifying identifying network header information
in an effort to deceive or mislead is prohibited. Attempting
to impersonate any person by using forged headers or other
identifying information is prohibited. The use of anonymous
remailers or nicknames does not constitute impersonation.
7. Unsolicited commercial e-mail / Unsolicited
bulk e-mail (SPAM) Use of our service to transmit
any unsolicited commercial or unsolicited bulk e-mail is
expressly prohibited. Violations of this type will result in
the immediate termination of the offending account.
Anyone hosting websites or services on their server that
support spammers or cause any of our IP space to be listed
in any of the various Spam Databases will have their server
immediately removed from our network. The server will not be
reconnected until such time that you agree to remove
ANY and ALL traces of the
offending material immediately upon reconnection and agree
to allow us access to the server to confirm that all
material has been COMPLETELY removed.
Severe violations may result in immediate and permanent
removal of the server from our network without notice to the
customer. Any server guilty of a second violation
WILL be immediately and permanently removed from
our network without notice.
8. E-mail / News Bombing: Malicious
intent to impede another person's use of electronic mail
services or news will result in the immediate termination of
the offending account.
9. E-mail / Message Forging: Forging any
message header, in part or whole, of any electronic
transmission, originating or passing through our service is
in violation of this AUP.
10. Usenet SPAMing: We have a zero
tolerance policy for the use of its network for the posting
of messages or commercial advertisements, which violate the
rules, regulations, FAQ or charter of any newsgroups or
mailing list. Commercial messages that are appropriate under
the rules of a newsgroup or mailing list or that are
solicited by the recipients are permitted.
11. Unauthorized access: Use of our
service to access, or to attempt to access, the accounts of
others, or to penetrate, or attempt to penetrate, security
measures of ours or another entity's computer software or
hardware, electronic communications system, or
telecommunications system, whether or not the intrusion
results in the corruption or loss of data, is expressly
prohibited and the offending account is subject to immediate
12. Copyright or trademark infringement:
Use of the service to transmit any material (by e-mail,
uploading, posting or otherwise) that infringes any
copyright, trademark, patent, trade secret or other
proprietary rights of any third party, including, but not
limited to, the unauthorized copying of copyrighted
material, the digitization and distribution of photographs
from magazines, books, or other copyrighted sources, and the
unauthorized transmittal of copyrighted software.
13. Collection of personal data: Use of
the service to collect, or attempt to collect, personal
information about third parties without their knowledge or
14. Network disruptions and unfriendly activity:
Use of the service for any activity which affects the
ability of other people or systems to use our Services or
the Internet. This includes "denial of service" (DDOS)
attacks against another network host or individual user.
Interference with or disruption of other network users,
services or equipment is prohibited. It is the Member's
responsibility to ensure that their network is configured in
a secure manner. A Subscriber may not, through action or
inaction, allow others to use their network for illegal or
inappropriate actions. A Subscriber may not permit their
network, through action or inaction, to be configured in
such a way that gives a third party the capability to use
their network in an illegal or inappropriate manner.
Unauthorized entry and/or use of another company and/or
individual's computer system will result in immediate
account termination. We will not tolerate any subscriber
attempting to access the accounts of others, or penetrate
security measures of other systems, whether or not the
intrusion results in corruption or loss of data.
15. Fraud: Involves a knowing
misrepresentation or misleading statement, writing or
activity made with the intent that the person receiving it
will act upon it.
16. Infringement of Copyright, Patent, Trademark,
Trade Secret, or Intellectual Property Right:
Distribution and/or posting of copyrighted or the
aforementioned infringements will not be tolerated.
17. Distribution of Viruses: Intentional
distributions of software that attempts to and/or causes
damage, harassment, or annoyance to persons, data, and/or
computer systems are prohibited. Such an offense will result
in the immediate termination of the offending account.
18. Inappropriate Use of Software: Use
of software or any device that would facilitate a continued
connection, i.e. pinging, while using our services could
result in suspension of service.
19. Third Party Accountability: Our
subscribers will be held responsible and accountable for any
activity by third parties, using their account that violates
guidelines created within the Acceptable Use Policy.
20. IRC networks: It is absolutely
forbidden to host an IRC server that is part of or connected
to another IRC network or server. Servers found to be
connecting to or part of these networks in any way will be
immediately removed from our network without notice. The
account and/or server will not be reconnected to the network
until such time that you agree to completely remove any and
all traces of the IRC account/server, and agree to let us
have access to your server to confirm that the content has
been completely removed. Any server guilty of a second
violation will result in immediate account termination.
21. Unlimited Accounts : Unlimited
Accounts are indeed unlimited. These accounts are not to be
used to host a collection of MP3's, Warez, stream
audio/video or to Backup Your
Home Computer. These accounts may also not be used as a
download distribution point for your bundled software. It is
to be used for standard web practices and only standard web
practices. If you have a questionable concern please contact
us. If you know your site is going to use an un-normal
usage, and sign up knowing this, we will require you to
purchase a VPS or dedicated server. If you have any questions in
regards to this please contact us. Un-Normal usage is
anything that a shared server would not be able to provide.
Again, contact us for approval if you feel you will fall
into this clause. The above also applies to all packages
other than dedicated servers.
NOTE: Unlimited Accounts are no longer available to
customers using the server(s) to stream audio/video or other
multimedia. as of January 2007. You will need to purchase an
account where to stay below the posted bandwidth, or
purchase more bandwidth if needed.
22. Resellers : Resellers are
responsible for enforcing the AUP and TOS to all of their
clients. If their clients are found to be not following
them, we will suspend the offending site and let the
reseller know. If the reseller domain is found to be in
violation, all domains within the resellers possession will
be suspended. Resellers are responsible for anything their
clients do. If you have any questions or concerns in regards
to what is allowed and not allowed please contact us.
23. Streaming Video and Audio: Streaming
Video and Audio is not permitted on our servers unless
approval is received. You must zip the content to prevent
this if you wish to have it hosted, and as everything else
this content must be legal content and can not have someone
24. Egg Drop - Egg Drop Scripts are Not
allowed, These are grounds for immediate account deletion
without a refund.
25. Legal - If it is not legal in the
United States of America, It is not permitted to reside on
our server. If found, the account will be suspended.
26. Adult Material - Adult Material is
not allowed, unless specified in your package you have
purchased. Sites that contain adult material that is not on
an adult approved server/package, will be suspended.
27. Chinese Forums - Chinese Forums are
not allowed on our network. These sites require to much CPU
usage. They almost require a dedicated server to run
properly. If they are found on any server we will suspend
them, and charge an admin fee if they are the cause of a
CPU overloaded. Admin charges are usually about $25 Per
28. ANIME - Anime Sites are not allowed
on our network. If an Anime Site is found we will terminate
the account. These sites are not allowed on the server
because about 95% of them are illegal.
29. .EXE FILES - .exe files of any kind
are not permitted on our servers via shared and reseller
accounts. This restriction is due to the fact that these
files often harm the server in various ways depending upon
the file. If you need to upload a .EXE file please use
WINZIP or and WINRAR to insert your .EXE file.
You are responsible for any misuse of your account, even if the
inappropriate activity was committed by a friend, family member,
guest or employee. Therefore, you must take steps to ensure that
others do not gain unauthorized access to your account. In
addition, you may not use your account to breach security of
another account or attempt to gain unauthorized access to
another network or server.
- Your password provides access to your account. It is your
responsibility to keep your password secure.
- Sharing your password and account access with unauthorized
users is prohibited. You should take care to prevent others
from using your account since you will be held responsible for
- Attempting to obtain another user's account password is
strictly prohibited, and may result in termination of service.
- You must adopt adequate security measures to prevent or
minimize unauthorized use of your account.
- You may not attempt to circumvent user authentication or
security of any host, network or account. This includes, but
is not limited to, accessing data not intended for you,
logging into or making use of a server or account you are not
expressly authorized to access, or probing the security of
other networks. Use or distribution of tools designed for
compromising security is prohibited. Examples of these tools
include, but are not limited to, password guessing programs,
cracking tools or network probing tools.
- You may not attempt to interfere with service to any user,
host or network ("denial of service attacks"). This includes,
but is not limited to, "flooding" of networks, deliberate
attempts to overload a service, and attempts to "crash" a
- Users who violate systems or network security may incur
criminal or civil liability. We will cooperate fully with
investigations of violations of systems or network security at
other sites, including cooperating with law enforcement
authorities in the investigation of suspected criminal
Our accounts operate on shared resources. Excessive use or
abuse of these shared network resources by one customer may have
a negative impact on all other customers. Misuse of network
resources in a manner which impairs network performance is
prohibited by this policy and may result in termination of your
You are prohibited from excessive consumption of resources,
including CPU time, memory, disk space and session time. You may
not use resource-intensive programs which negatively impact
other customers or the performances of our systems or networks.
We reserve the right to terminate or limit such activities.
As always, Bigdogservers Co. strives for 100% uptime for all
services. All network systems are monitored 24/7 by in-house
staff. We make no guarantee on network uptime. We are not
responsible for losses that may occur due to the downtime of our
REPORTING VIOLATIONS OF The AUP
We request that anyone who believes that there is a violation of
this AUP direct the information to us by email immediately.
If available, please provide the following information:
- The IP address used to commit the alleged violation
- The date and time of the alleged violation, including the
time zone or offset from GMT
- Evidence of the alleged violation
E-mail with full header information provides all of the
above, as do system log files. Other situations will require
different methods of providing the above information. We may
take any one or more of the following actions in response to
- Issue written or verbal warnings
- Suspend the Member's newsgroup posting privileges
- Suspend the Member's account
- Terminate the Member's account
- Bill the Member for administrative costs and/or
- Bring legal action to enjoin violations and/or to collect
damages, if any, cause by violations
REVISIONS TO THIS ACCEPTABLE USE POLICY
We reserve the right to revise, amend, or modify this AUP, our
TOS (Terms of Service) and our other policies and agreements at
any time and in any manner. Notice of any revision, amendment,
or modification will be posted in accordance with our TOS (Terms