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The Big Fat TERMS AND CONDITIONS OF SERVICE Page:

Here are the Terms and Conditions of Service that you must abide by to purchase services from Big Fat Web Hosting
If you purchase services from us, you are bound by these terms and conditions.

Length Of Contract:
Your contract runs for either 12 months, 6 months or 1 calender month from the date you first ordered, depending on which plan you choose and is renewed for another year, another 6 months or another month when you make your next payment. However, there is NO minimum contract. You are free to cancel your account at any time, but no refunds will be given if, for example, you cancel your account before your term expires.

Billing:
Your hosting package must be prepaid via PayPal. Your PayPal account will be billed automatically on the annual, monthly or 6-monthly (bi-annual) anniversary of the date the account was ordered.
It is YOUR responsibility to ensure that you have sufficient credit in your PayPal account to cover recurring payments. We do try to let clients know by email around a couple of weeks before the renewal date, but do not rely on that.
For annual or 6-MONTHLY (bi-annual) payments, we recommend that you make a note in your diary one year from the date you ordered the hosting originally. If your credit card or personal details change during the year, please make sure that you log into your PayPal account and update your details before the payment due date.
If we do not receive payment, we will email you, requesting payment. If we do not hear from you, we will suspend your account. If we still do not hear from you, your account will be deleted without warning as we will assume you no longer require web hosting. No refunds will be given.

The Content of your Website:
All services provided by Big Fat Web Hosting may be used for lawful purposes only.
Transmission, storage, or presentation of any information, data or material in violation of any United Kingdom, or any International laws is prohibited.

The following list is not exhaustive, but it will indicate the sort of material you are not permitted to host:

  • copyright material.
  • MP3 files containing copyright music, unless you created the music yourself and own the copyright.
  • material we judge to be threatening or obscene.
  • material protected by trade secret and other statute.
  • pornography and sex-related merchandising, including sites that links to such content.
  • pirated software, also known as warez.
  • hacker programmes or archives, including sites that links to such content.
  • hate propaganda.
  • products designed to defraud others, e.g. satellite hacking equipment.
  • promotion of illegal activities.
  • content that may be damaging to our servers or any other server on the internet.
  • websites promoted by spam or involved in spamming or selling spam related software or bulk email lists.
If you are unsure whether or not your site falls into these categories feel free to contact us with a description before you sign up for an account or publish material as an existing customer.

Specific Programmes/Scripts Not Permitted:
The following list is not exhaustive, but it will indicate the sort of scripts you are not permitted to use.
We do NOT permit the use of :

  • The webmail part of PHP nuke or any of its derivatives as this allows anyone to send out email and will be abused by spammers.
  • Formmail.pl from Matts Script archive. We have a secure version already installed on our servers, use it instead.
  • Formmail.php. Use the secure formmail.cgi which we have already installed on the server.
  • MIRC Chat programmes, IRC or IRC bots.
  • Bulk email and spam programmes.
  • Any script/programme that will affect our servers.
Server Abuse:
Any attempt to undermine or cause harm to a server, or customer, of Big Fat Web Hosting is strictly prohibited. Offenders will be prosecuted to the fullest extent of the law.

The Content of your Emails: (Anti-Spam Policy)
Spam is "Unsolicited junk e-mail sent to large numbers of people to promote products or services".

We have a zero tollerance policy towards spam and we monitor our mail servers to ensure they are not being used for spamming. If we allowed customers to spam then our mail servers would be blacklisted and none of our customers would be able to send and receive mail reliably.
It is in all customers interests that we stop spam.

We do NOT permit:

  • The sending of spam through our servers.
  • Sending out spam through another providers mail server which includes links to web pages or email addresses hosted on our servers.
  • Web sites promoted by spam or involved in spamming or selling spam related software or bulk email lists.
  • Spamming newsgroups, forums or blogs which include links to web pages or email addresses hosted on our servers.
  • Any sites using spam or selling of spam related software or bulk email content.
If you spam, we will see you doing it, your account will be suspended and possibly even terminated and you will not get a refund.

If you run a mailing list, all the people you mail MUST have opted into the list. i.e. through a subscribe form on your website. You must honour all unsubscribe requests within 24 hours.

If we receive a spam complaint about your account we will.

  • Suspend your account to prevent any further violations.
  • Contact you to ensure you will not do it again.
  • Either reactivate the account or terminate it.
Data Back-Ups:
Your use of the service is at your sole risk. We is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers.
It is in your own interests to keep a copy of all the files and folders your web site backed up on your own hard drive in your computer. Keeping a copy of your website on your computer is the best way to protect your data. You should also make regular backups of any databases you have.

Usernames and Passwords:
We will provide you with a username and password for accessing your account.
You are responsible for keeping your Username and Password safe to prevent unauthorized access to your account.

Bandwidth Usage:
Each hosting plan we provide has a set amount of bandwidth available per month (20 gigabytes per month) which is a huge amount of bandwidth, adequate for the majority of websites. We monitor this usage and if your website goes over the limit, it will be suspended until the second day of the next month. You are advised to check your bandwidth regularly in your CPanel Control Panel.

Refunds Policy:
You are free to cancel your account at any time, but no refunds or no part-refunds will be given if:

  • you didn't tell us that you wished to cancel your web hosting account before PayPal renewed it again.
  • you did not tell us by email that you had abandoned your web hosting account before PayPal renewed it again.
  • you forgot to cancel your PayPal subscription before PayPal renewed it again.
  • you emailed us later than the next due date of the PayPal subscription, resulting in your next PayPal subscription payment going through.
  • you didn't receive our email, informing you that the renewal date was almost upon you. You should a) supply us with an email that you check regularly, and b) make sure you check your junk/spam folders, just in case legit emails have accidently fallen into them.
You are responsible taking care of your PayPal subscription and making a note of the due date. If your subscription is renewed, we assume you wish to continue with your web hosting.
We always remind clients with annual or 6-monthly accounts at least a few days (usually a couple of weeks) prior to the renewal date by email, so you have plenty of notice to cancel before the due date.

Also, no refunds will be given if:

  • you set up a business website (e.g. an ebook store) and it just didn't work out or is not paying for you. Success in business depends on hard work, dedication and business methods. We cannot be held responsible for failing websites.
  • your account is suspended or deleted for any reason.
  • you find a "cheaper deal" elsewhere. You should have shopped around to begin with.
We will refund if:
  • we have sold you a defective product, which you emailed us about and we couldn't resolve at all.
  • you emailed us BEFORE the renewal date that you wished to cancel, and we responded by email saying that we will cancel the PayPal subscription, but then we forgot to actually cancel it, which resulted in the PayPal subscription going through again.
  • that's it.
We are only a small family business who have been mucked about so many times, leading to these tighter regulations.

For reasons that we do refund, we will refund the amount less a £10.00 admin/credit card/PayPal charge, as this costs us money, and any web hosting used.
e.g. If you have already used a month of your annual web hosting, then the refunded amount will be less £14.20. (£10.00 + £4.20)

Uptime:
As with most other web hosts, we guarantee 99.9% uptime, which means that, although we endeavour to make sure that your web hosting is fully functional and viewable by the public at all times, there may be occasions where your website may "be down" and not viewable. This is very rare and can be caused by server upgrades (which will only mean that your website may be down for a few minutes) or by unforseen technical faults. Big Fat Web Hosting cannot be held responsible for any losses or inconvenience caused by unforseen downtime.

Advertised Features:
Because CPanel (the company who create and maintain the CPanel Web Hosting Control Panel) constantly update and improve CPanel, some advertised features may change or be removed. This is beyond our control. We always endeavour to advertise the web hosting features accurately and cannot be held responsible for any subsequent or unforeseen changes or omissions.

Cancelling Your Account:
To cancel your web hosting account, you must inform us in writing by email that you are leaving. You do NOT have to give a reason and you do NOT have to give us any notice.
You are, however, reponsible for cancelling your PayPal subscription as cancelling your web hosting account will NOT automatically cancel your subscription. NO refunds will be given if you forget to cancel your PayPal subscription and another payment goes out.
You are free to cancel your account and move to another web host at any time, but no refunds or no part-refunds will be given if, for example, you cancel your account before your term expires.

Refusal of Service:
Big Fat Web Hosting reserves the right to refuse, cancel, or suspend services for any other reason at our sole discretion.

Trademarks and Copyright:
All trademarks and copyrights contained herein on this Website and its sister websites are the sole property of Big Fat Web Hosting and its parent company Dotcom Allsorts.
We are the copyright owners of the Big Fat brandname, all web pages, text, slogans, products, graphics and all content displayed on this website. No part of this website may be copied, unless expressly authorized by the copyright owners.

Licence and Website Access:
Big Fat Web Hosting grants you a limited licence to access and make personal use of this website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent. This licence does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. Any unauthorized use terminates the permission or licence granted by this Website. You are granted a limited, revocable, and non exclusive right to create a hyperlink to the home page of this Website so long as the link does not portray this Website, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any logo or other proprietary graphic or trademark as part of the link without express written permission.

Indemnification:
By ordering services from us you agree to indemnify and hold harmless Big Fat Web Hosting or any of its sister websites or any of its employees from any claims resulting from the use of the service which damages the subscriber or any other party.

Limitation of Liability:
Your use of Big Fat Web Hosting services are at your sole risk. All Big Fat Web Hosting services are provided on an "AS IS" basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS,IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING,WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you in full.
Big Fat Web Hosting makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the Big Fat Web Hosting service.
IN NO EVENT WILL BIGFATWEBHOSTING BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE BIGFATWEBHOSTING SERVICES OR ANY CONTENT THEREON. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED BY ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION; WEB SERVER INCOMPATIBILTY; FUTURE PHP UPGRADES THAT CONFLICT WITH OUR WEBSCRIPT PRODUCTS; COMMUNICATION-LINE FAILURE; NETWORK OR SYSTEM OUTAGE; OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, HACKER ATTACKS, ALTERATION OF, OR USE OF ANY RECORD.
The formation, construction and interpretation of this agreement shall be controlled by the laws of the United Kingdom.

Abiding by these Terms:
By purchasing any services from Big Fat Web Hosting, you agree that you abide by these Terms And Conditions Of Service.

Changes to these Terms and Conditions:
Big Fat Web Hosting reserves the right to change or amend these Terms And Conditions Of Service at any time without prior notice.

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