This legally binding contract (the “Agreement”) is by and between Big Brain Global Networks, a Virginia Company (“Big Brain Global Networks”), and you and your assigns, employees, agents or contractors (“You”, “Your”, the “Client”) and is effective as of the date you purchase hosting services from Big Brain Global Networks. This Agreement sets forth the terms and conditions of Your use of Big Brain Global Networks’ services (collectively, the “Services”) and represents the entire agreement between You and Big Brain Global Networks relating to the Services. This Agreement contains provisions that set forth Big Brain Global Networks’ Acceptable Use Policy, Privacy Policy and guarantees of a certain service level (found in the “Uptime Guarantee” and “Service Level” sections below).By purchasing the Services, You acknowledge and agree that You have read, understand, acknowledge and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies that Big Brain Global Networks may establish and post on its website from time to time.

Last Updated: July 3rd, 2019

Fees for Services ordered by You shall be charged beginning on the date of the initial order and that date shall serve as the monthly anniversary date for all future billings including one time fees, upgrades, additional services, cancellations and service credits. Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month.

From time to time it may be necessary to make adjustments in the fees and surcharges charged for the Services in order to cover certain changing costs (e.g., power) incurred by Big Brain Global Networks in providing the services. Such adjustments will be reflected on the statement or invoice provided to you for the Services, and you agree to pay for the fees and surcharges for the Services, as adjusted.

Big Brain Global Networks reserves the right to charge a late fee of $10 per invoice per month on any late payments. Invoices will be automatically considered late 1 day after the invoice is marked as overdue.

We accept PayPal and all major credit cards (MasterCard, American Express, Visa, and Discover).

In the event you fail to pay your invoice within 3 days of the due date, we reserve the right to suspend your service.

If you are still past due 7 days after the initial due date, we reserve the right to terminate your service entirely and reformat your server/service.

If you are terminated for non-payment, we also reserve the right to refer your account to a third party collection agency and you agree to pay any collection fees or legal fees we may be charged to collect on your debt.

Once a service has been terminated for non-payment, ALL data is wiped (including backups), no exceptions.

“Overage” is defined as usage of the Services provided by Big Brain Global Networks to You in excess of the allocated limitation. Overages are charged for Bandwidth and Professional Services (administrative time) used in excess of the amount allocated to Your account. You agree to pay the then-current Overage fees and charges for the Big Brain Global Networks services, including Administrative actions and bandwidth. Overage fees, upon receipt of an invoice. Overage rates are $35.00/hour for administrative fees with a 2-hour minimum, and $0.35/GB Bandwidth, billed in 100GB Blocks. Overage fees can be avoided by subscribing to a higher service plan.

To submit a cancellation request, please log in to your Client Portal, and request a cancellation under “My Services.” When you request cancellation, we will follow this process:

1. We will contact you to confirm the cancellation and verify that you are authorized under your account to cancel it.
2. Then, we will immediately suspend billing and cancel the account. We are not able to provide scheduled cancellations and all cancellations are effective either immediately or at the end of your billing cycle.

Regarding mid-month or mid-period cancellations, Big Brain Global Networks will not issue pro-rated refunds for cancellations received in the middle of a payment cycle. Refunds will not be given on a pro-rated basis for services provided in a given billing period. Receipt by you of any services in a given period will obligate you to pay for the services during that entire billing period. Our fully managed VPS plans will receive a complete refund minus $15 (virtual machine), $35 (dedicated server) for the cPanel, Direct Admin, or Plesk license.

The following items are not refunded:

• SSLs, domains and management services
• License fees
• Additional System Administration fees

Please allow up to 30 days for us to process and refund your account.

Your cancellation request must include the IP address or domain name in which you want to cancel.

You agree to a month-to-month term for the “services” unless otherwise agreed to in writing. The month-to-month term for services is automatically renewed each month unless either party notifies the other in writing of its desire that the Agreement not be renewed, no later than three (3) days before the next upcoming anniversary date for billing. You may cancel your account by terminating this Agreement in this manner by contacting the Big Brain Global Networks billing department. Big Brain Global Networks may terminate this Agreement effective immediately and without notice upon any breach by you of any of the terms of this Agreement or at any time for reasons not outlined directly in this agreement but will be given proper due notice of. In such event, Big Brain Global Networks shall have no obligation to refund any fees paid in advance by you. At this time, Big Brain Global Networks offers a 60-day Money Back Guarantee. This guarantee applies to shared, reseller, and virtual hosting machines. Requests for refunds under these provisions must be made at least 3 days prior to the end of these terms. Refunds apply to the above services only, and do not apply to the following:

• Domain Name Registration/Transfers
• 3rd Party Script Licenses (including control panel licenses and billing software licenses)
• Script install fees*
• Account clean up* (removing malicious content)
• cPanel / WHM licenses
• Any other charges not listed above

*In the event of script installs and account cleanup, you will not be billed until the work is completed, and therefore have the opportunity to dispute the charges / acceptable work at that time.

Under this Terms of Service agreement you must first contact Big Brain Global Networks to attempt to resolve any billing disputes before contacting your bank or credit card company to dispute the charges. You further agree that any billing disputes must be submitted in writing to our billing department within one month of the invoice payment in question. By using our services you agree to the above policy and to contact Big Brain Global Networks before contacting your financial institution to seek a resolution. In the event you dispute charges contrary to this agreement, we reserve the right to terminate your account, and charge you $150 collection chargeback fee to your total amount due. Big Brain Global Networks also reserves the right to refer your account or sell your debt to a third party collection agency. We also reserve the right to take further legal action against you.

From time to time, Big Brain Global Networks may offer promotional or special offers as sales incentives. These offers may be comprised of discounts, free time, free services, discounted services, trial offer periods and other types of offers. Such offers cannot be combined with other offers unless otherwise stated and are one-time use offers. One offer per client only. Offers are valid only where they are permitted by law. Offers are void where prohibited. Some offers (example: “Three Months Free Load Balancing Service”) require you, the Client, to contact Big Brain Global Networks prior to the expiration of the trial period in order to avoid being billed. Offers which provide a discounted monthly rate for a specified period of time will reset automatically to the full monthly rate once the promotional period has ended, and you, the Client, agree to pay, in full, the full monthly rate, unless cancelled in advance.

Any abuse towards any Big Brain Global Networks employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner, when emailing, calling or submitting online tickets to Big Brain Global Networks. Any profane, derogatory, insensitive, or intentionally disruptive behavior aimed at Big Brain Global Networks or its employees shall be considered a violation of this Terms of Service agreement. Any threat; whether orally, verbally, in written, via E-mail, via Live Chat, delivered by second parties or delivered in any other way, and directed towards Big Brain Global Networks or any of Big Brain Global Networks’ employees, partners, staff, contractors, sub-contractors, facilities, offices, etc. shall be construed as a violation of this Terms of Service agreement. Threats of physical violence will be directed to the proper authorities. No refunds shall be given when the above Tortuous Conduct clause is violation and necessitates the termination of an account or services.

You hereby grant to Big Brain Global Networks a non-exclusive, royalty-free, worldwide right and license during the term of this Agreement to do the following to the extent necessary to provide the Services under this Agreement: (a) digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink any content uploaded by You; and (b) make archival or backup copies of content uploaded by You to the Big Brain Global Networks servers. Big Brain Global Networks shall have the right, but not the obligation, to make backup copies of the data uploaded by You to the Big Brain Global Networks servers. You are responsible for any of your content residing on Big Brain Global’s servers and for the backup thereof.

At all times, You bear full risk of loss of any content and software you place on the Big Brain Global Networks servers. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of the content displayed, linked, transmitted through or stored on the server.

Big Brain Global Networks unless You cancel in advance does not undertake any obligation to provide management or security services unless you specifically request it to do so. If any technology specifically associated with your account requires updating, You must make a request for such update through Big Brain Global Networks’ ticketing system located at portal.bigbrainglobal.com. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your content; (ii) maintain independent archival and backup copies of Your content; and (iii) ensure the security, confidentiality and integrity of Your content transmitted through or stored on Big Brain Global Networks servers. Big Brain Global Networks shall have no liability to You or any other person for loss, damage or destruction of any of Your content.

Big Brain Global Networks strives to maintain the integrity of the hardware used to provide its services, and any Downtime caused by hardware failure shall be credited pursuant to this Agreement. Big Brain Global Networks maintains a stock of all essential hardware necessary to provide the Services. Big Brain Global Networks shall replace any and all substantially malfunctioning hardware within 6 hours of Big Brain Global Networks becoming aware of such substantial malfunction.

The amount of time for replacement of hardware shall be measured from the moment that Big Brain Global Networks determines that the hardware must be replaced, and does not include time spent diagnosing the problem, researching other solutions, investigating the cause of the failure or time spent installing software, restoring backups or other, similar situations.

In the event that Big Brain Global fails to meet this hardware replacement guarantee, Big Brain Global Networks will issue, to You, account credits in the amount of 10% of the base monthly fees for each hour after the second hour of the monthly service fee for the server in question to a maximum of 50% of the cost of the service (excluding any management, upgrades or additional services associated with the service in question)

Our fully managed plans are with cPanel installed, ONLY. Failure to have cPanel installed will result in the equal unmanaged plan without written notice.

Installing other, unsupported applications, will result in your account moving to a “self managed” plan.

Please see the section in our Service Level Agreement

We provide the services AS-IS, with all faults and AS AVAILABLE.  We do not guarantee that yo will be able to access or use the services (either directly or indirectly) at times or locations of your choosing.

You agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorneys’ fees, which arise from your use or misuse of the Services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.