This Agreement is between Bigupload.com ("Bigupload") and you ("you" or "Customer"), as an authorized user of Bigupload Services, and governs the terms and conditions of your use of Bigupload Services. This Agreement, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time by Bigupload (collectively, the "Agreement"), constitutes the entire agreement between Bigupload and you regarding Bigupload Services, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement. Notwithstanding the foregoing, your use of any software provided by Bigupload related to the Services shall be pursuant to a separate agreement governing Customers' use of such software. For purposes of this Agreement, "Bigupload Services" or "Services" are defined as any and all services provided by Bigupload to you either now or in the future. By using Bigupload Services, you confirm your acceptance of, and agree to be bound by, this Agreement.Definition of Terms
Description of Service.Bigupload Free includes but is not limited to:
Bigupload is in the business of providing Internet-based data storage resources. It is our goal to provide you with the best access possible to data storage resources available through the Internet. Our business depends upon it and Bigupload is strongly motivated to achieve success. We want you to have the best possible experience in dealing with Bigupload and using Bigupload's services.
Bigupload offers the Services at its Website www.Bigupload.com Individually, the Services are:
Pro Service Usage; Fair Use Policy.
As a Pro Service Customer, you will receive usage of all the services mentioned above.
PLEASE NOTE, HOWEVER, THAT YOUR USE OF THE SERVICE IS SUBJECT TO Bigupload’S "FAIR USE" POLICY. YOU WILL BE IN VIOLATION OF THIS POLICY IF, WITHIN ANY MONTH, YOUR USAGE GREATLY EXCEEDS MORE THAN THE AVERAGE LEVEL OF MONTHLY USAGE OF Bigupload’S PAID SUBSCRIPTION CUSTOMERS GENERALLY. FOR PURPOSES OF THIS POLICY, "USAGE" MEANS THE TOTAL AMOUNT OF BANDWIDTH A FILE/FOLDER HOSTED AND SHARED FROM OUR SERVICE GENERATES, AS DETERMINED BY US IN OUR SOLE DISCRETION. WE RESERVE THE RIGHT TO AT ANYTIME ENFORCE THIS POLICY IN ACCORDANCE WITH ITS TERMS (I.E., USAGE WITHIN ANY MONTH IN EXCESS OF MORE THAN THE AVERAGE LEVEL OF MONTHLY USAGE OF OUR SUBSCRIPTION CUSTOMERS GENERALLY).Free Service Usage; Fair Use Policy.
Bigupload provides the Free Service as an accommodation to you, and reserves the right to terminate your Free Service at anytime without notice.
YOU UNDERSTAND THAT THE FREE SERVICE IS SUBJECT TO Bigupload’S "FAIR USE" POLICY FOR FREE ACCOUNTS. YOU WILL BE IN VIOLATION OF THIS POLICY IF, WITHIN ANY MONTH, YOUR USAGE GREATLY EXCEEDS THE AVERAGE LEVEL OF MONTHLY USAGE OF Bigupload’S PAID SUBSCRIPTION CUSTOMERS GENERALLY. FOR PURPOSES OF THIS POLICY, "USAGE" MEANS THE TOTAL AMOUNT OF BANDWIDTH A FILE/FOLDER HOSTED AND SHARED FROM OUR SERVICE GENERATES, AS DETERMINED BY US IN OUR SOLE DISCRETION. IN THE EVENT YOU ARE DEEMED TO HAVE VIOLATED THIS POLICY, Bigupload WILL ATTEMPT TO NOTIFY YOU OF THE VIOLATION VIA EMAIL AND OFFER TO UPGRADE YOU TO A PAID SUBSCRIPTION SERVICE. IF YOU ELECT NOT TO UPGRADE, YOUR ACCOUNT WILL BE TERMINATED. ANY FAILURE BY Bigupload TO ENFORCE THIS POLICY WILL NOT PRECLUDE US FROM ENFORCING IT AT ANYTIME IN THE FUTURE, WHETHER FOR PAST OR CURRENT VIOLATIONS.
You will have the option to subscribe for additional services that Bigupload offers as described on the Bigupload Website, all subject to the terms of this Agreement or another agreement specific to those additional services.Non-Transferable Membership.
Bigupload grants you a personal, non-exclusive, non-transferable license to use the products and software contained in or made available through the Service (the "Content") solely for your own internal purposes. All rights not expressly granted by Bigupload to you are retained.Restrictions.
You are permitted to store, manipulate, analyze, reformat, print, and display the Content only for your personal use. Unauthorized use of the Service, or the resale of the Services without Bigupload's prior written consent, is expressly prohibited. You shall not copy, license, sell, transfer, transmit, make available, distribute, publish, or assign this license or the Content in any format to any third party.Third Party Interaction.
In your use of the Service, you may enter into correspondence with, purchase goods and/or services, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Bigupload shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.Links to Third Party Sites.
Bigupload does not endorse any sites on the Internet that are linked through the Service. Bigupload is providing these links to you only as a matter of convenience, and in no event shall Bigupload be responsible for any content, products, or other materials on or available from such sites.User Accounts.
A user account is required to access the Service and may be accessed and used only by those authorized individuals who are registered with Bigupload. To open a user account, you or your company must complete the registration process by providing Bigupload with current, complete and accurate information as prompted by the registration form. In registering for the Service, you agree to submit accurate, current and complete information about you and promptly update such information. Should Bigupload suspect that such information is untrue, inaccurate, not current or incomplete, Bigupload has the right to suspend or terminate your usage of the Service. You will choose a personal, non-transferable password. User accounts cannot be "shared" or used by more than one individual.User Responsibilities.
You are also solely responsible for any and all activities that occur under your account and ensuring that you exit or log-off from your account at the end of each session of use. You shall notify Bigupload immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. You shall also use your best efforts to stop immediately any copying or distribution of Content that is known or suspected by you. Bigupload shall not be responsible for any unauthorized access to, or alteration of, your transmissions or data, any material, information or data sent or received, regardless of whether the data is actually received by Bigupload, or any transactions entered into through the Service or failure to abide by this Agreement. DO NOT MISUSE OR ABUSE OUR SYSTEM OR OUR SYSTEM RESOURCES (I.E. BANDWIDTH). YOUR ACCOUNT WILL BE IMMEDIATELY TERMINATED.Account Information and Data.
Bigupload does not own any data, information or material that you submit to the Service or store in your account ("Data"). Bigupload will not monitor, edit, or disclose any information regarding you or your account, including any Data, without your prior permission except in accordance with this Agreement. Please be aware that Bigupload does provide certain user registration and statistical information such as usage or user traffic patterns in aggregate form to third parties but such information will not include personally identifying information and that your Internet protocol address is not transmitted with each message sent from your Bigupload account. Bigupload may access your account, including its Data, to respond to service or technical problems or as stated in this Agreement. You, not Bigupload, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Data and Bigupload shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data.Activity of Account.
If user does not access his or her account for a period of one hundred and twenty (30) days or more, Bigupload may (in its own discretion) remove and/or purge user's data and account from the system. At its own discretion, Bigupload may make at least two attempts, at least fifteen (15) days prior to deletion, to alert user of the pending deletion via his/her provided e-mail address. User agrees and acknowledges that no other notification is necessary and that e-mail provides an entirely adequate, sufficient, and complete means by which notice may be given user by Bigupload. If user does not respond to Bigupload, Bigupload will deem the account abandoned and user's data may be immediately purged from the system. Bigupload advises users to please keep their accounts and contact data current and in use or they will be purged.
While Bigupload endeavors to prevent viable accounts and data from being purged prematurely, Bigupload is under no obligation to maintain abandoned accounts. User agrees that lack of activity for one hundred and twenty (30) days or more conclusively indicates that user's account is abandoned and that all data associated with the account may be deleted and/or purged.Payment of Fees.
Bigupload offers its Service, as described on the Bigupload website (www.Bigupload.com) and as published within the Service, for monthly or annual fees (the "Fees") which you will pay to Bigupload by authorized credit card. The Fees applicable for the Service are available at www.Bigupload.com and as published within the Service. Bigupload reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by email). Your authorized credit card will automatically be charged Fees on the day you sign up for the Service, or the expiration of the initial trial period, if any, whichever is later. Thereafter, the Fees will automatically be charged to your authorized credit card, in advance, on the date of the month the Service was initially charged. In the event you cancel the Service, Bigupload will not refund any Fees already paid by you.
Your Bigupload account will be considered delinquent if your credit card company refuses for any reason to pay the amount billed to it and that amount remains unpaid at the beginning of the next accounting cycle. The Service may be suspended, archived or purged from system if account is delinquent for more than one billing cycle. Bigupload may impose a charge to restore archived data from delinquent accounts.
If you believe Bigupload has billed you incorrectly, you must contact Bigupload no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Bigupload's Customer Support department (Contact Us).
Bigupload may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Bigupload thirty (30) days after the mailing date of the invoice, or the Service may be terminated. Unpaid invoices are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, plus all expenses of collection.
Please remember that Bigupload bills you immediately for the extra space you order. You will initially be charged a pro-rated charge for the upgrade based on the number of days left until your regular billing date. Subsequently, you will be billed for all subscription charges on the normal billing date for your account. If you choose to cancel the extra space after your card has been billed for the month, you will not be reimbursed for the days you did not use the extra space.User Conduct.
You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with the Service. In addition, without limitation, you agree not to use the Service to: (a) use information from the Service in connection with sending unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (c) transmit through or post on the Service unlawful, harassing, libelous, abusive, harassing, tortious, defamatory, threatening, harmful, abusive, libelous, invasive of another's privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (d) transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity; (e) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs, cancelbots; (f) interfere with or disrupt servers or networks connected to the Service or violate the regulations, policies or procedures of such networks; (g) attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or (h) harass or interfere with another user's use and enjoyment of the Service.
Bigupload has no obligation to monitor the Service and/or Content or any user's use thereof or retain the content of any user session. However, Bigupload reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.Termination.
Bigupload, in its sole discretion, may terminate your password, account or use of the Service and remove and discard any Data within the Service if you fail to comply with this Agreement. You may terminate your user account upon notice to Bigupload at any time; however, you will not receive a refund of any portion of your fees paid to Bigupload. Upon termination by Bigupload or at your direction, you may request a file of your Data, which Bigupload will make available for a fee. You must make such request at the notification of termination to receive such file within (30) days of termination. Upon termination of an account, your right to use such account and the Service immediately ceases. Bigupload shall have no obligation to maintain any Data stored in your account or to forward any Data to you or any third party.Proprietary Rights.
Except for the licenses granted herein, you have no right, title or interest in or to the Service or any Content. You agree that Bigupload or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to the Service and Content, including, without limitation, text, images, and other multimedia data. Bigupload and/or other Bigupload products and services referenced herein are either trademarks or registered trademarks of Bigupload.Copyrighted Material.
You agree that in no circumstances will copyrighted materials (for example, copyrighted music files) be uploaded and/or shared thro
ugh the Bigupload service. Bigupload retains the right to terminate an account that contains copyrighted music or other copyrighted mate
rial that has not been legally obtained. In addition, Bigupload does not permit sharing copy-protected works including copyrighted music
You shall indemnify and hold Bigupload and its parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with your use of the Service (including the Content) or breach of this Agreement.Disclaimer of Warranties.
Bigupload MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. Bigupload DOES NOT REPRESENT OR WARRANT THAT: (I) THE USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (II) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (IV) ERRORS OR DEFECTS WILL BE CORRECTED, (V) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY Bigupload.Limitation of Liability.
IN NO EVENT SHALL Bigupload's AGGREGATE LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL Bigupload BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO YOUR USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, EVEN IF Bigupload HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.Additional Rights.
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.Local Laws and Export Control.
Bigupload controls and operates this Service from its location in the United States of America and is subject to the United States Export Administration Laws and Regulations. Bigupload makes no representation that the Service is appropriate or available for use in other locations. If you use the Service from outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to United States law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor is or will be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the United States Government for such purposes. You shall comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.Modification to Terms.
Bigupload reserves the right to change the terms and conditions of this Agreement or its policies relating to the Service at any time and shall notify you by posting an updated version of this Agreement on the Service and/or by sending you an email message. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.