General - Applies to All Bigwig Customers
A. Changes to Service and Agreement
a1) Bigwig.net Internet provides a service to UK residents and businesses subject to the following terms and conditions.
a2) Bigwig.net reserves the right to vary the terms and conditions without notice.
a3) Bigwig.net reserves the right to change product descriptions at any time
a4) Bigwig.net reserves the right to cancel the service without notice.
a5) A copy of the terms and conditions may always be found at: www.bigwig.net/terms.htm
1. Duration
This agreement shall come into force and effect from the moment the customer begins to read, use, operate or otherwise gain information or advantage from the service.
2. Use of Service
2.1) Bigwig.net shall provide the service, to the customer, subject to availability and shall exercise due care in the provision and maintenance of the service, to provide high quality and reliability.
2.2) Bigwig.net may remove or cancel services, without notice, during periods of maintenance, repair, upgrade, testing or any other consideration that Bigwig.net may wish to undertake, that will, in its estimation be necessary for the continued future operation of service.
2.3) Bigwig.net may modify or alter the form of services paid for by the customer without notice, where such modifications or alterations do not significantly detract from the nature of the service provided when the customer took up the service.
2.4) Where Bigwig.net provides services free of charge, or for which no payment to Bigwig.net is made by the customer, Bigwig.net may modify, alter, remove or cancel such services without notice.
2.5) The customer undertakes to use the service in accordance with the conditions set out herein and such variations as may be notified in an updated agreement.
2.6) Bigwig.net cannot be held liable for failure to deliver services as a result of breach of contract by any Customer, third party, or contractor.
2.7) Customers are prohibited from using Bigwig.net services to promote Adult, sexually explicit material, or illegal activities.
2.7.1) Where Bigwig.net gives information for the assistance of customers, customers shall use such information entirely at their own risk, Bigwig.net cannot be held liable for the outcome of any use of any information supplied to customers.
2.8) Where the Bigwig.net service may provide links to information prepared and/or controlled by a third party, Bigwig.net makes no guarantees, claims or recommendations regarding any of the products or services advertised by that third party. Customers using information, advice or data from third parties shall indemnify and hold harmless Bigwig.net against all liabilities, claims, losses, damages or expenses arising directly or indirectly or in any way associated with any use of the service by the customer or provision of the service by Bigwig.net.
2.9) The customer shall not use, or allow use of, the service in any matter or for any purpose unlawful or offensive to the whim of Bigwig.net.
2.10) The customer shall notify Bigwig.net immediately upon becoming aware of any failure or malfunction in the service.
2.11) Bigwig.net shall correct any failure or malfunction in the service as soon as is practicable or within a timescale using reasonable endeavours, but shall not be held liable to the client for failure to correct malfuntions using such endeavours within a timescale.
2.12) The customer recognises that the service is not guaranteed to be "continuous" and that there may be periods of time when the service is unavailable for operational or other reasons. In such circumstances unavailability of service will be dealt with in accordance with sections 2.10 and 2.11 above.
2.13) Bigwig.net makes no guarantees regarding the use of services, past performance is no guarantee of future performance.
2.14) In the event of excessive loss of service exceeding that described in sections 2.2, 2.3, 2.4, 2.10, 2.11 and 2.12, except where customers service or services are terminated in accordance with sections 7.6, 8.1, 8.2 and 8.3, Customers recourse will be limited to a refund of the amount charged by Bigwig.net for the service or a proportion of that charge according to the time service was operational whichever is the smaller. In all other ways, regardless of customer debt, Customers shall indemnify and hold harmless, Bigwig.net against all liabilities, claims, losses, damages or expenses arising directly or indirectly from or in any way associated with, any use of the service by the customer or provision of the service by Bigwig.net, including, but not limited to, loss of business, loss of reputation and loss of earnings.
3. Content Guidelines
3.1) Bigwig.net customers are advised that the following classes of material are likely to be offensive to some Bigwig.net company policies.
• Sexually explicit and Pornographic material
• Material promoting illegal activities or contention
• Get-rich-quick and pyramid schemes
• Anything else which may offend the whim of any Bigwig.net controllers or sponsors of Bigwig.net.
Customers are informed that adult or sex sites are definitely against Bigwig.net terms and conditions.
3.2) Promotion or linking to sites that, in turn, promote any of the items listed in section 3.1 or similar, may also be against Bigwig.net terms and conditions and may result in suspension of service, for that customer, in accordance with section 8.
3.3) Customers bear full liability for the content of adverts placed by them or by Bigwig.net on their behalf. Customers are fully responsible for ensuring that such adverts are correct in terms of spelling, content, claims, product or service description and in every other way. Customers shall indemnify and hold harmless, Bigwig.net against all liabilities, claims, losses, damages or expenses arising directly or indirectly from or in any way associated with, any use of the service by the customer or provision of the service by Bigwig.net including, but not limited to, incorrect information, description, claims and/or misrepresentations within customers adverts.
4. Provision of Information and Privacy
4.1) The customer undertakes to provide to Bigwig.net, free of charge and in full co-operation, any information reasonably required by Bigwig.net in order to fulfill it's obligations under the agreement.
4.2) Bigwig.net shall at its sole discretion, use this information for any credit reference or debt collection purpose, including disclosure to, and use by, its agents acting on its behalf.
4.3) Customers are responsible for ensuring that their details registered with Bigwig.net are correct and current. Change of address, status or any other detail required by Bigwig.net registration must be amended by the customer as soon as is practicable via any Bigwig.net approved method of update, normally via the web based interface.
4.4) Where customer correspondence contains address details different to those registered with Bigwig.net, such correspondence will not be deemed as notice of change of address, change of address must be specifically indicated as such.
4.5) Bigwig.net will not sell for profit, share or otherwise distribute customer information with other individuals or organisations, except as necessary for the running of it's services. Bigwig.net will not provide customer details to other parties for the purposes of another party's direct mail, promotions, marketing, research or spam, except as specifically permitted by individual customers.
4.6) Bigwig.net may use customer information for it's own internal research and/or analysis and will itself use, or permit agents acting on Bigwig.net's behalf to use, customer information for the purposes of providing general service information or promoting any service or product Bigwig.net deems may be in the customers interest or essential to maintain service.
5. Prices
All prices paid to Bigwig.net by customers, including regular premiums, may be changed subject to thirty days notice, in writing, to the customer.
6. Liability and Compensation
6.1) Bigwig.net shall have no liability whatsoever to the customer in contract, tort or otherwise, including any liability due to negligence, for loss of goodwill, revenue, anticipated savings, anticipated profit, profit or for any direct, indirect or consequential financial loss, however arising.
6.2) Any matter of liability or compensation not covered in section 6.1 shall be covered in accordance with the agreement in sections 2.6, 2.7, 2.7.1, 2.8, 2.10, 2.11, 2.12, 2.13, 2.14 and any other section within this agreement that refers in any way to the liability of Bigwig.net.
7. Payment
7.1) The customer shall pay for the service according to Bigwig.net's tariff as amended from time to time.
7.2) Usage charges, payable by the customer shall be calculated by Bigwig.net according to data recorded by Bigwig.net.
7.3) Bigwig.net shall invoice the customer for use of the services and for any standing charges agreed in writing, the customer is required to maintain the account in credit at all times.
7.4) Where the customer pays by Direct Debit or Standing Order, payments will be made on the tenth day of each month. Any sums owed by the customer outside payment terms shall attract interest at the rate of 5% per annum above the Royal Bank of Scotland's Bank lending rate.
7.5) All sums due to Bigwig.net under the terms and conditions of the agreement may be listed exclusive of value added tax and or any other taxes applicable at the appropriate rate, such taxes are to be paid by the customer.
7.6) Bigwig.net reserves the right to terminate service to customers, temporarily or permanently, in the event of late payment.
8. Suspension of Service
8.1) In the event that the customer be in breach of the agreement, provision of the service to the customer may be suspended forthwith by Bigwig.net without notice followed by written notification to the customers Bigwig.net registered address, without liability to the customer and maintain suspension of service until further notice.
8.2) Suspension of the service will entitle Bigwig.net to payment on demand of all amounts owed by the customer under the agreement, whether already invoiced or not.
8.3) The customer shall pay Bigwig.net all reasonable costs associated with such suspension of 8.1.
8.4) If your MAILplus account becomes over subscribbed with mail using more than its allotted amount of space (20MB) Bigwig.net reserves the right to empty the box completely or delete the account if necessary - it is the responsibility of the customer to maintain the mail box operating below the 20MB allocation.
9. Termination
9.1) Without prejudice to their rights under the agreement, expressed or implied, either party shall have the right to terminate the agreement in the event that the other party is in default either in observation of, or in performance of, its obligations under the agreement and, in the case of rectifiable default, fails to rectify the default within a reasonable time, specified by the non-defaulting party in writing.
9.2) Without prejudice to their rights under the agreement expressed or implied, Bigwig.net may terminate the agreement in the event that a liquidator, trustee in bankruptcy, receiver or administrator is appointed in respect of the assets and/or business of the customer or if the customer is deemed insolvent according to the Insolvency Act 1986, or if any license under which the customer operates its business is revoked, amended or ceases to be valid.
9.3) Without prejudice to their rights under the agreement, expressed or implied, Bigwig.net may terminate the agreement in the event that its license under the Telecommunications Act 1984 (including any amendments) is revoked.
9.4) The customer may terminate their own use of services offered by Bigwig.net, in writing or via any service termination system set up or operated by Bigwig.net, without refund of fees paid to Bigwig.net for services that have not been used, or without refund of fees paid to Bigwig.net for any remaining portion of service remaining unused at time of termination.
10. Assignment
Bigwig.net shall have the right to assign, delegate or otherwise deal with their rights under the agreement in part or in whole. The customer shall not have the right to assign, delegate or otherwise deal with their rights under the agreement in part or in whole.
11. Entire Agreement
The agreement represents the entire understanding between parties in relation to the subject matter hereof and supersedes all prior agreements, representations or understandings by either party, whether oral or written.
12. No Waiver
Failure by either party to exercise or enforce any right conferred by the agreement shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof or of any other right on any later occasion.
13. Notices
Any notice, invoice or other document which may be given under the agreement, shall be deemed to have been duly given if sent to the address registered with Bigwig.net at the time such notice, invoice or document is given.
14. Force Majeure
Neither party shall be held to be in breach of its obligations under the agreement, save for obligations to make payments under the agreement, to the other party for any loss or damage which may be suffered by the other party due to any cause beyond reasonable control of the first party including but not limited to any act of God, inclement weather, failure or shortage of power supplies, flood, drought, lightning, fire, strike, lock-out, trade dispute, labour disturbance, act or omission of government authorities, other telecommunications providers, war, military operations or riot.
15. Governing Law
This agreement shall be governed by and be construed and interpreted in accordance with English Law and the parties hereby submit to the jurisdiction of the English Courts.Additional Terms
Use Policy - All Bigwig.net Customers
Bigwig.net users must pay any connect-time charges that may apply to their telephone operator.
Bigwig.net users must not use Bigwig.net services or networks, or allow or permit others to use Bigwig.net services or networks to:
- send unsolicited commercial emails or Usenet message
- publish information offensive to bigwig.net or its sponsors
- perform activities which may adversely affect remote machines
- transmit or cause to transmit messages or packets with forged addresses
- support or maintain businesses that use or support us of unsolicited commercial email
Bigwig.net users must agree to pay costs incurred in dealing with problems resulting from unpermitted use of Bigwig.net networks and services, including but not limited to sending of unsolicited commercial email, and publication of libelous or offensive material. Such costs may be assigned to debt collection agencies. (This means NO SPAM)
Bigwig.net has successfully levied charges and received payment from those who abuse the service. DON'T DO IT.
Use Policy - Bigwig.net BASIC Customers
NOTE: New Bigwig.net BASIC accounts have not been available since 2002. If and when the basic dial-up, free account service fails, either by hardware or software malfunction on any account, then the only option available to re-instate that account will be to upgrade to a MAILplus account, where you can retain both login username and password entries along with email addresses if available.
It is advisable to regularly download your emails from the server as Bigwig.net is not liable to locate or transfer any back logged emails.
Information on Bigwig.net Dial-up can be found here: http://www.bigwig.net/support_faq_home.htm
Account Termination - Bigwig.net MAILplus, HOSTplus, HOSTdata, HOSTportal and COLOpro Customers
If no Bigwig.net terms and conditions are broken, accounts can be terminated on customer request. Requests for termination must be sent writing to Bigwig.net. Customers are responsible for cancelling thier own standing order payments on termination of thier account. No refunds will be given on standing order payments made after a customer has requested account termination.
Bigwig.net reserves the right to keep control of domain names and computer files belonging to and or registered to customers and or hosted under the name of or by the authority of that customer in the event of outstanding customer debt. Customers specifically agree that in the event of their owing monies to Bigwig.net, Bigwig.net will have full authority to refuse tag changes to domain names registered by that customer and or hosted with Bigwig.net under that customers name or with that customers authority, and refuse access to computer files belonging to that customer held on Bigwig.net machinery. Domain names and files will be released when all outstanding monies owed by that customer have been paid in full.
Domain Names - All Bigwig.net Customers
Nominet Terms and Conditions
By registering a domain name ending in .uk (with some very limited exceptions), you enter into a contract of registration with Nominet UK on conditions, which include conditions limiting their liability and relating to their use of your personal information. This contract is just for the domain name and separate to any arrangement you may have with any other organisation for providing internet services.
You should read the full Nominet agreement before registering a .uk domain name as you will be bound by the agreement regardless.
The agreement can be found here: http://www.nic.uk/registrants/legal/terms/
Charges
Where domain names are registered through Bigwig.net, Bigwig.net shall act as the agent in administering domain names on behalf of the customer. In the event of a customer wanting to have a domain name transferred to another agent, a transfer fee of £30.00 + VAT will be charged to cover administration costs, five days after all necessary work is completed from our end the website will be suspended on the bigwig server and consequently deleted thereafter at technician's disgression. Bigwig.net are not responsible for any lost data after the transfer date. Should a website need to be re-activated after it has been suspended and before it has been deleted, there will be a re-activation fee of £30.00 + VAT to cover administration costs.
A standard administration charge of £20.00 + VAT will be incurred by the customer in respect of changes or updates to domain name records including changes to DNS.
Content Policy - All Bigwig.net Customers
Bigwig.net in no way attempts to regulate the quality or grade of material available to its customers. Customers are warned that as in the rest of the world, much of what is available on the internet may be offensive to some people and illegal in some countries.
Bigwig.net may at its discretion take steps to limit customers published material offensive to its own company policies. These steps include warning the publisher of such information, removal of bigwig.net web sites and cancellation of bigwig.net accounts.
Content Guidelines
Bigwig.net customers are advised that the following classes of material are likely to be offensive to some Bigwig.net company policies.
- Sexually explicit material
- Material promoting illegal activities or contention
- Get-rich-quick and pyramid schemes
- Anything else which may offend the whim of any Bigwig.net controllers or sponsors
Bigwig.net customers are informed that adult or sex sites are definitely against bigwig.net terms and conditions.
If you are not sure if your content will be acceptable, email support@bigwig.net to discuss it.
Despite publication of these guidelines Bigwig.net do not undertake to ensure that all its customers publications meet these requirements.
To use Bigwig.net services you must agree to abide by the above terms and conditions.
By using Bigwig.net services you are agreeing that you will abide by the bigwig.net terms and conditions.
|
