FEATURE RICH HOSTING SO AFFORDABLE YOU'LL BE HOOKED!
Questions? Call (920) 659-0004

Terms of Service

Last Updated: February 08, 2014

Big Hook Hosting agrees to furnish services to the Subscriber, subject to the following Terms of Service (TOS).
The complete Terms of Service must be agreed to prior to purchase:

Acceptable Usage Policy

Big Hook Hosting services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. Big Hook Hosting reserves the right to remove such illegal material from its servers.

Big Hook Hosting utilizes shared hosting technology to host your site. Due to the nature of shared hosting and the ability for you, as an individual user of a shared environment, to adversely affect other users, we reserve the right, at any time, to take action to prevent you from harming the servers, networks, or other users. Action may include suspension, site modification, blocking of access, rerouting of domains or IPs, and other actions.

Big Hook Hosting "Unlimited" hosting service is designed for the typical needs of a personal, micro, or small business. For example, it is not intended for computationally intensive software, large file repositories, as a backup system, as a free file download system, as a data warehouse, as a video archiving site, or other uses suitable for a dedicated server.

Actions which Big Hook Hosting considers to be abusive and strictly prohibited are described below. The examples named in this list are non-exclusive, and are provided solely for guidance to Big Hook Hosting Subscribers. If you are unsure whether any contemplated use or action is permitted, please send email to [email protected] and we will assist you. Please note that the actions listed below are also not permitted from other Internet Service Providers (ISPs) on behalf of, or to advertise, any service hosted by Big Hook Hosting, or connected via the Big Hook Hosting network. Furthermore, such services may not be advertised via deceptive marketing policies, as defined by the Federal Trade Commission Deception Policy Statement.

  • Big Hook Hosting does not allow material of an adult nature in a written or graphical form.

  • Big Hook Hosting does not allow unsolicited email (commonly known as SPAM). Big Hook Hosting reserves the right to limit incoming or outgoing email at any time to prevent spamming. In the event you reach a limitation, we may, at our sole discretion, adjust your limit at your request.

  • Subscribers are prohibited from transmitting on or through any of Big Hook Hosting services, any material that is, in our sole discretion, unlawful, obscene, threatening, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.

Big Hook Hosting reserves the right to terminate your account at any time without refund. Reasons for termination include (but not limited to):

  • Abuse of the machines - either intentional or due to improper coding

  • Committing or promoting any type of illegal activity including fraud, mailbombing, denial of service attacks, storing and/or housing and/or linking to illegal content, including but not limited to, "warez", "hacking", "cracking", "key generators".

  • Services to traffic in illegal drugs, gambling and/or obscene materials.

  • Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party.

  • Additionally, Big Hook Hosting reserves the right to terminate your account if at any time your site has pornography or nudity of any kind, including but not limited to, adult pornography, Anime, child pornography, "adult content" and/or the written word of a sexual nature.

  • Use of ad-servers, attempts to circumvent quota system, spamming, certain podcasting or video sites, use of torrent software, proxies, excessive resource usage or 'core dumping'.

  • Attempts to circumvent any of our security policies, procedures or systems.

Anti-SPAM Policy

Big Hook Hosting takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply this means that Subscribers of Big Hook Hosting may not use or permit others to use our network to transact in UCE. Subscribers of Big Hook Hosting 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.

Violation of Big Hook Hosting Anti-SPAM policy will result in severe penalties. Upon notification of an alleged violation of our Anti-SPAM policy, Big Hook Hosting will initiate an immediate investigation (within 48 hours of notification). During the investigation, Big Hook Hosting may restrict Subscriber access to the network to prevent further violations. If a Subscriber is found to be in violation of our Anti-SPAM policy, Big Hook Hosting may, at its sole discretion, restrict, suspend or terminate Subscriber account. Further, Big Hook Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Big Hook Hosting will notify law enforcement officials if the violation is believed to be a criminal offense.

First violations of this policy will result in an "Administrative Fee" of $30 and your account will be reviewed for possible immediate termination. A second violation will res ult in an immediate termination of your account.

System and Network Security

Subscribers are prohibited from violating or attempting to violate the security of the Big Hook Hosting Network. Violations of system or network security will result in account termination and may also result in civil or criminal liability. Big Hook Hosting will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Subscribers who are involved in such violations. These violations include, without limitation:

  • Accessing data not intended for Subscriber or logging into a server or account, which Subscriber is not authorized to access.

  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

  • Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

  • Activities that attract denial of service attacks are expressly prohibited. These activities include, but are not limited to: selling shell accounts, and involvement with IRC of any kind. This prohibition is for the protection of our customer base as a whole; these kinds of services tend to attract attacks that have the potential to degrade service for all of our customers.

  • Forging any TCP/IP packet header or any part of the header information in any e-mail or forum posting.

  • Taking any action in order to obtain services to which Subscriber is not entitled.

Responsibility for Content

You, as Big Hook Hosting Subscriber, are solely responsible for the content stored on and served by your Big Hook Hosting account. Big Hook Hosting takes no responsibility for any content posted by others and not posted to the Big Hook Hosting Network by Big Hook Hosting. Big Hook Hosting is not responsible for the content of any other websites linked to the Big Hook Hosting Network; links are provided as Internet navigation tools only. Big Hook Hosting disclaims 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.

Right to Refuse Service

Big Hook Hosting reserves the right to refuse service to any Subscriber at any time within reasonable means/requests.

Suspension of Service

Big Hook Hosting reserves the right to suspend network access to any Subscriber if in the judgment of the Big Hook Hosting network administrators the Subscriber's account is the source or target of the violation of any of the terms in this agreement or for any other reason which Big Hook Hosting chooses. If inappropriate activity is detected, all accounts of the Subscriber in question will be deactivated until an investigation is complete. We offer a 30 day money back guarantee providing we failed to provide you with the service as outlined for each individual hosting plan. Prior notification to the Subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The Subscriber will not be credited for the time the Subscriber's account was suspended.

Unlimited Disk Space and Bandwidth

While Big Hook Hosting does not meter disk space and bandwidth, the purpose of a Big Hook Hosting account is to host web sites. Big Hook Hosting accounts are shared hosting environments, so to ensure fast and reliable service to all of our clients, accounts that adversely affect server or network performance must correct these issues or will be asked to upgrade to a virtual or dedicated server.

Using a hosting account primarily for online file storage or archiving electronic files is prohibited. Abuse of system resources is prohibited. First violations may or may not cause an account suspension depending on the severity of the issue. The Subscriber will receive a clear warning. Second or third violations may result in an immediate termination of your account. Big Hook Hosting staff members will judge based on server performance on what type of activity is considered as abusive.

Free Domain Name Registration or Transfer

From time to time, Big Hook Hosting offers free domain registration or transfer as a courtesy to our Subscribers. If your web hosting account includes a free domain registration or transfer for the first year of service, when your web hosting account renews, the applicable then-current pricing will be applied to your account.

Data Backup and Backup Access

Subscriber acknowledges that individual site backups are the responsibility of the Subscriber and Big Hook Hosting encourages all customers to periodically perform their own backups. Big Hook Hosting keeps overall system snapshots in case of full system recovery and may not be able to provide you with on-demand recovery in case of individual file corruption or accidental deletion.

Support Boundaries

Big Hook Hosting makes every effort to provide timely technical support to our Subscribers. We limit our technical support to our area of expertise. The following is our guidelines when providing support: Big Hook Hosting provides support related to your server or website physical functioning. Big Hook Hosting does not offer tech support for application specific issues such as CGI programming, HTML or any other such issue. The help files in the program you are using may have the answer to your question, so please do investigate these resources before contacting tech support by e-mail at [email protected].

Account Transfers

Our team will make every effort to help you move your site to Big Hook Hosting. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best but in some cases, we may be unable to assist you in a transfer of data from an old host. Generally we will only provide the free transfer of all site files and databases. Transfer of email accounts, or re-configuration of PHP/ASP.NET applications on our servers are done at an extra cost or left to the user.

Free account transfers are provided on a best-effort basis. There are absolutely no guarantees/warranties implied or stated in regards to the integrity of transfers performed by the Big Hook Hosting staff.

The free transfer services are available for 60 days from your sign up date. Transfers outside of the free period will incur a charge. Please contact [email protected] with specific details to receive a price quote.

IP Address Ownership

If Big Hook Hosting assigns Subscriber an IP (Internet Protocol) address for Subscriber use, the right to use that IP address shall belong only to Big Hook Hosting, and Subscriber shall have no right to use that IP address except as permitted by Big Hook Hosting in its sole discretion in connection with the services, during the term of this agreement. Big Hook Hosting shall maintain and control ownership of all IP numbers and addresses that may be assigned to Subscriber by Big Hook Hosting, and Big Hook Hosting reserves the right to change or remove any and all such IP 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 name-based hosting.

Cancellations and Refund Policy

Big Hook Hosting provides a 30-day money back guarantee for new hosting account registrations, subject to the following terms and conditions:

Nonrefundable Fees: Fees paid by Subscriber in connection with the purchase of SSL certificates, Site Backup Pro, SEO Package, SiteLock, domain privacy, domain names and set up fees are nonrefundable.

Cancellations Before 30 Days: In the event Subscriber cancels the services prior to the expiration of 30 calendar days, Subscriber will receive a refund of all fees paid in connection with the registration, with the exception of any Nonrefundable Fees set forth above, and is subject to the following additional mandatory reductions:

  • Free Domain Names: If Subscriber registers any domain name as part of a "Free Domain Name" promotion in connection with the registration, Subscriber's refund will be reduced by the regular price of the domain at time of signup. Subscriber will retain full ownership and control of any such domain names.

  • Dedicated IP: Any fees paid by Subscriber in connection with a Dedicated IP will be refunded at a prorated rate based on the registration date, the length of service, and the date of cancellation.

Cancellations After 30 Days: Subscriber may cancel their services at any time with the exception of any Nonrefundable Fees set forth above, if any, which are nonrefundable after 30 calendar days, and receive a pro-rated refund for all other fees paid for services.

Notice of Cancellation: Subscriber agrees to direct all cancellation requests to Big Hook Hosting via email, [email protected], phone 920-659-0004, or online chat (if available). The cancellation request must include verification of ownership of the hosting account and/or domain(s), as determined by Big Hook Hosting. Subscriber must also confirm to Big Hook Hosting that all emails, files, and databases are preserved and backed up somewhere other than Big Hook Hosting server space. After speaking with us, you will be sent a cancellation link that will take you to our easy to use cancellation form.

Chargebacks and Reversals: In the event Subscriber issues a chargeback or reversal of charges without first following the above cancellation procedures, the Subscriber will be responsible for a $25.00 billing service fee. Hosting accounts that have an open dispute may be disabled for security purposes.

Copyright Infringement Claims / DMCA

In accordance with the Digital Millennium Copyright Act, Big Hook Hosting has adopted a policy that provides for termination of websites hosted by Big Hook Hosting that are found to infringe on copyrights, trademarks or other intellectual property rights of third parties (each an “IP Rights Holder”) If an IP Rights Holder holder believes that there has been a violation of his or her copyright on a website that is hosted by Big Hook Hosting, and the IP Rights Holder wants Big Hook Hosting to remove the website or disable the material in question, Big Hook Hosting will remove the website or disable the material if the IP Rights Holder provides us with all of the following information:

  • A signature of a person authorized to act on behalf of the owner in regards to the copyrighted work that is allegedly infringed. Identification of the copyrighted work that is claimed to be infringed upon, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works.

  • Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.

  • Information reasonably sufficient to permit us to contact the person giving the notification, such as an address and telephone, and, if available, an email address at which such person may be contacted.

  • A statement that the person giving the notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

  • A statement that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Email DMCA reports to [email protected].

Domain Name Dispute Claims

Please refer to the Uniform Domain Name Dispute Resolution Policy (the "UDRP") if you have a concern or dispute concerning a domain name. The UDRP covers domain names disputes; this policy specifically excludes domain name disputes. Please see http://www.icann.org/en/help/dndr/udrp.

Big Hook Hosting as Reseller or licensor

Big Hook Hosting is acting only as a reseller or licensor of the hardware, software and equipment used in connection with the products and/or Services that were or are manufactured or provided by a third party ("Non-Company Product"). Big Hook Hosting shall not be responsible for any changes in the services that cause the Non-Company Product to become obsolete, require modification or alteration, or otherwise affect the performance of the services. Any malfunction or manufacturer's defects of Non-Company Product either sold, licensed or provided by Big Hook Hosting to Subscriber or purchased directly by Subscriber used in connection with the services will not be deemed a breach of Big Hook Hosting's obligations under this agreement. Any rights or remedies Subscriber may have regarding the ownership, licensing, performance or compliance of Non-Company Product are limited to those rights extended to Subscriber by the manufacturer of such Non-Company Product. Subscriber is entitled to use any Non-Company Product supplied by Big Hook Hosting only in connection with Subscriber's permitted use of the services. Subscriber shall use its best efforts to protect and keep confidential all intellectual property provided by Big Hook Hosting to Subscriber through any Non-Company Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the services. Subscriber shall not resell, transfer, export or re-export any Non-Company Product, or any technical data derived therefrom, in violation of any applicable United States or foreign law.

Modification of Terms of Service

Big Hook Hosting reserves the right to amend its terms of service at any time.

Severability

These Terms of Service are binding upon Big Hook Hosting, all existing and prospective Subscribers, and upon the assigns, heirs, and successors of each. If any provision in this agreement is held by any court of competent jurisdiction to be invalid or otherwise unenforceable, the rest of these provisions shall, nevertheless, continue to be valid and in full force and effect, to the extent said remaining provisions are then otherwise consistent with the original intent of the Terms of Service.

Governing Law

These Terms of Service shall be governed by the laws of the State of Wisconsin without reference to conflict of law principles. The United Nations Convention on the International Sale of Goods shall not apply and is hereby expressly excluded. By subscribing to or using any of the services of Big Hook Hosting, Subscriber agrees that all disputes, if any, involving Big Hook Hosting shall be subject exclusively to the jurisdiction of the State and Federal Courts within the State of Wisconsin.

DISCLAIMER OF WARRANTIES

SUBSCRIBER ACKNOWLEDGES THAT THE SERVICES ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. BIG HOOK HOSTING HEREBY DISCLAIMS ALL WARRANTIES (EXPRESS, IMPLIED AND STATUTORY), INCLUDING WITHOUT LIMITATION, ALL WARRANTIES (A) WITH RESPECT TO THE SERVICES (INCLUDING WITHOUT LIMITATION THEIR QUALITY, AVAILABILITY, PERFORMANCE, FUNCTIONALITY AND COMPATIBILITY WITH ANY OTHER SERVICE OR PRODUCT), (B) WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES, (C) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (D) OF NON-INFRINGEMENT, (E) OF MERCHANTABILITY AND (F) OF FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY BIG HOOK HOSTING OR BIG HOOK HOSTING”S REPRESENTATIVES SHALL CREATE A WARRANTY.

LIMITATION OF LIABILITY

BIG HOOK HOSTING SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE OF THE SERVICES CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL BIG HOOK HOSTING BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION CONTAINED IN SUBSCRIBER’S WEBSITE OR OTHERWISE, OR LOSS OF GOODWILL OR OPPORTUNITY) WHETHER OR NOT BIG HOOK HOSTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. BIG HOOK HOSTING SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. BIG HOOK HOSTING’S ENTIRE LIABILITY AND SUBSCRIBER’S EXCLUSIVE REMEDY IS THE CANCELLATION OF SUBSCRIBER’S ACCOUNT. IN NO EVENT SHALL BIG HOOK HOSTING’S LIABILITY TO SUBSCRIBER EXCEED THE GREATER OF FIFTY DOLLARS ($50.00) OR ANY AMOUNTS ACTUALLY PAID BY SUBSCRIBER TO BIG HOOK HOSTING FOR THE SERVICES IN DISPUTE DURING THE ONE YEAR PRECEDING THE CLAIM. NO ACTION, REGARDLESS OF FORM, ARISING FROM, BASED ON OR RELATED TO THIS AGREEMENT OR THE PROVISION OF THE SERVICES MAY BE BROUGHT BY SUBSCRIBER MORE THAN ONE YEAR AFTER THE EVENT WHICH GIVES RISE TO THE APPLICABLE CAUSE OF ACTION. SUBSCRIBER’S RIGHTS MAY VARY FROM STATE TO STATE, AND SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY DAMAGES AS CONTAINED IN THIS AGREEMENT. IN SUCH JURISDICTIONS, BIG HOOK HOSTING’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

(End of Terms of Service)

Share the Love!