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Terms

Terms of Use
Terms of use

This Terms of Use Policy, including the following list of Prohibited Activities, is an integral part of your Agreement with BigHip. If you engage in any of the activities prohibited by this document BigHip may suspend or terminate your account, with or without notice.

BigHip's Terms of Use Policy (the "Policy") for BigHip Services is designed to help protect BigHip, BigHip's customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by BigHip. BigHip reserves the right to modify the Policy at any time, effective upon posting at http://www.bighip.com/terms.htm

Prohibited Uses of BigHip Systems and Services:

1. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is offensive, defamatory, constitutes an illegal threat, or violates export control laws.

2. Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through BigHip's servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on BigHip's servers, is prohibited. BigHip accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.

3. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by BigHip customers using BigHip’s services must be Closed-loop ("Confirmed Opt-in"). Purchasing lists of email addresses from 3rd parties for mailing to or from BigHip, or referencing any BigHip account, is prohibited.

4. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this Policy or the Policy of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.

5. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").

6. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.

7. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any BigHip customers or end-users by any means or device.

8. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the BigHip network or on another provider's network.

9. (i) Failing to provide clear and conspicous notice of the nature, type and frequency of commercial email the consumer will receive at the point of email collection; (ii) transferring email addresses to related entities, third party affiliates or unrelated third parties without providing clear and conspicous notice to the consumer at the point of email collection, while using BigHip's services; (iii) violating BigHip’s Anti-Spam Policy; (iv) using BigHip's services to interfere with the use of the BigHip network by other customers or authorized users.

Customer Responsibility for Customer's Users

Each BigHip customer is responsible for the activities of its agents, affiliates, representatives or users and, by accepting service from BigHip, is agreeing to ensure that its agents, affiliates representatives or users abide by this Policy. Complaints about agents, affiliates, users or representatives of a BigHip customer will be forwarded to the BigHip customer's postmaster for action.

If violations of this Policy occur, BigHip reserves the right to terminate services with or take action to stop the offending customer from violating BigHip's Policy as BigHip deems appropriate, without notice.

 
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