You agree not to use the Services to:
• upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

• administer IRC (ONLY allowed in Reston facility);
• harm minors in any way;<
• impersonate any person or entity;
• “stalk” or otherwise harass another person;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
• upload, post, email, transmit or otherwise make available any Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or “pyramid schemes;”
• upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
• intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
• collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above.
* resell services under a shared hosting plan

If Big Brain Host's system administration staff declares that an account is using an unacceptable amount of system resources, a system administrator may suspend the account. A ticket will be generated as to what caused the service suspendsion. This type of suspension will only occur in extreme cases.

“Unsolicited E-mail Complaint” is an occurrence of a third-party complaint regarding a specific E-mail communication message sent by You. “Unsolicited E-mail Incident” is an occurrence of a single E-mail message which may have been sent to multiple E-mail addresses. An Incident may contain numerous Complaints. Incidents may contain Complaints received up to 24 hours after the first. After 24 hours, a new Incident will be opened.

Black Listing: “IP Black Listing” is an occurrence when a third party black listing service determines that a Big Brain Host issued IP address is a frequent source of Unsolicited E-mail. Black Listings result in the IP address (or multiple IP addresses in the same “IP range”) being unable to send E-mail to certain third parties.

Big Brain Host has designed this portion of this Agreement to comply with the United States CAN-SPAM Act (the “Act”.) The Act states that commercial E-mail must be solicited, an effective, visible and clearly defined un-subscription process be in place, that every E-mail message sent be sent from a valid address, without any form of IP or source spoofing, that every E-mail message sent contain the physical contact information of the sender, that every recipient of such E-mail messages has requested to receive such E-mails and that the messages and method in which they were sent comply with the other provisions of the United States CAN-SPAM Act.

Zero Tolerance for Black Listing: Big Brain Host has a Zero Tolerance policy regarding Black Listings and considers any attempt to send Unsolicited E-mail Messages or other forms of Spam E-mail (including “Spamvertising” other websites or services or products) to be violations of this Agreement. If an IP address assigned to You is found to be Black Listed, Big Brain Host reserves the right to discontinue your services immediately with or without warning.

Furthermore Big Brain Host will levy a Black Listing processing fee of $50 for the first instance of IP Black Listing and $100 for the second and subsequent instances of IP Black Listing (collectively, the “Penalties”.) If your service is terminated under the Unsolicited E-mail Policy then you forfeit all fees paid, including pre-paid fees and unused time. All fees paid become non-refundable. Further, account termination does not absolve or nullify Penalty payments you may owe to Big Brain Host. Further, you may accumulate additional Penalties based on complaints received after your termination. This section of the Agreement will survive for a period of one year after this agreement is terminated.

(a) Suspension of Service. Customer agrees that Big Brain Host may suspend services to Customer without notice and without liability if:

(i) Big Brain Host reasonably believes that the services are being used in violation of the AUP;

(ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP;

(iii) Big Brain Host reasonably believes that the suspension of service is necessary to protect its network or its other customers, or

(iv) as requested by a law enforcement or regulatory agency.

Customershall pay Big Brain Host's reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.

THE TERMS IN THIS SECTION APPLY TO RESELLERS OF BIG BRAIN HOST’S HOSTING SERVICES THROUGH BIG BRAIN HOST’S TANDEM RESELLER PROGRAM

Grant of Right to Resell Services

Provided that You complete the registration process and are accepted by Big Brain Host for participation in Big Brain Host’s Reseller Program (the Reseller Program), You are granted the limited right as provided in this section to resell the Services. This limited right is conditioned upon Your full compliance with all applicable user agreements, including but not limited to Big Brain Host’s Terms of Service and Acceptable Use Policy, and is also conditioned upon compliance with all applicable user agreements by the customers of Yours to whom You resell Big Brain Host’s services (Reseller Customers).

The rights granted to You to resell the Services are non-transferable and cannot be sold separately or in conjunction with the sale of an existing site or business without Big Brain Host’s prior written consent.

Price and Payment

Big Brain Host will provide the Services to You under the Reseller Program at the prices and rates posted on the Reseller Price Schedule, which is located at http://www.bigbrainhost.com/reseller.html and accessible at any time, applicable to You. The rates applicable to You will vary depending on various factors such as

- Special written offers provided by an Account Executive or other authorized Big Brain Host employee.
- Custom pricing for Servers and Services (Overrides)

Indemnification by Reseller

You agree to indemnify, defend and hold Big Brain Host harmless against any and all claims, damages and liability occasioned by any conduct of You or Your Reseller Customers, including any and all claims arising from content uploaded or stored by any Reseller Customer. You agree to indemnify Big Brain Host against transactions processed by Big Brain Host by or on Your behalf that are fraudulent in nature.

Agreement to Cooperate With Investigations

You agree that You will provide assistance to Big Brain Host in connection with any investigation, demand, or notice provided to Big Brain Host pertaining to any conduct or content of any Reseller Customer made by any governmental agency or third party. Such assistance shall include but not be limited to investigation and necessary communication in connection with Takedown Notices issued to Big Brain Host pursuant to the Digital Millennium Copyright Act. You agree that You will cooperate with Big Brain Host in connection with all reasonable requests made by Big Brain Host for You to preserve all information and content that may be the subject of any investigation or third party claim.

Management of Reseller Customer Accounts

At all times you must maintain a list and contact information of your clients with Big Brain Host for the purpose of cooperation with any investigations that may be executed upon you or your clients activities, and to maintain your active status as a reseller with Big Brain Host.

In the event of a default or breach by You of any provision of this Agreement or the Big Brain Host TOS (Terms of Service), or in the event You abandon, for any reason, Your obligation to provide the Services to any of Your Reseller Customers, Big Brain Host shall be entitled to do any of the following in connection with Your Reseller Accounts:

- Directly contact Reseller Customers
- Bill Your Reseller Customers directly for the Services
- Collect all amounts due directly from such Reseller Customers
- Terminate Your Account (including Your status as a participant in the Reseller Program)

In the event of default, breach or abandonment by You as provided in this subsection, You agree to provide to Big Brain Host, on Big Brain Host’s request, all billing and contact information for each of Your Reseller Customers so that Big Brain Host may exercise the rights set forth in this subsection.

Your Obligations to Provide Customer Service

Big Brain Host provides a “End-User Support” for it’s reseller, VPS and dedicated server clients. This service acts as a third party “White-Labeled” service to provide technical and sales service to your clients. This service is entirely voluntary, and requires special files to be placed on your website. If you chose to not to participate in this program, You are responsible for providing first level support to all of your reseller customers.

For shared resellers, any incidents that are passed to Big Brain Host that are not of a server or network related issue will be billed at the rate of 10.00/hour in 15 minute increments. For Dedicated and VPS clients who require Big Brain Host to provide support to their clients that is not of a network related nature, Big Brain Host reserves the right to bill you as follows:

• 1st Level Support 10.00/hour in 15 Minute Increments
• 2nd Level Administrative related support (Software, Configuration, etc): 20.00/hr in 15 minute increments.

Requirements for Agreements With Reseller Customers

In no event will You undertake any obligation to any Reseller Customer which would grant or purport to grant any rights not expressly provided to You under this Agreement

You acknowledge and agree that Big Brain Host exercises no control over, and accepts no responsibility for, the content of the information passing through the host computers, network hubs and points of presence or the Internet. NEITHER BIG BRAIN HOST ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS NOR THE LIKE MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT FOR THE SERVICES OR ANY EQUIPMENT BIG BRAIN HOST PROVIDES. NEITHER BIG BRAIN HOST, ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, WARRANT THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. BIG BRAIN HOST IS NOT LIABLE FOR THE CONTENT OR LOSS OF ANY DATA TRANSFERRED EITHER TO OR FROM YOU OR STORED BY YOU OR ANY OF YOUR CLIENTELE VIA THE SERVICES PROVIDED BY BIG BRAIN HOST.

You agree to indemnify, hold harmless, and defend Big Brain Host and all directors, officers, employees, and agents of Big Brain Host from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable legal fees) arising out of or relating to the use of the Services by You, including any violation of the Acceptable Use Policy set forth in this Agreement. Such claims shall include, but shall not be limited to, claims based upon trademark, service mark, trade name, copyright and patent infringement, trademark dilution, tortious interference with contract or prospective business relations, unfair competition, defamation or injury to reputation, or other injuries or damage to business.

IN NO EVENT SHALL BIG BRAIN HOST BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR USE, SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT OR STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF BIG BRAIN HOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Big Brain Host’s liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by You for the Services during the 12-month period prior to the date the damage or loss occurred or the cause of action arose. The provisions of this Agreement pertaining to Uptime Guarantee apply to credits available to you for system downtime.

Big Brain Host’s Utilization of Third Party Services

Big Brain Host reserves the right, and You agree to pay for, services of third party consultants hired by Big Brain Host in its discretion to assist Big Brain Host in providing the Services to you. Fees for the services of third parties retained by Big Brain Host will be charged to You in the invoice covering the period during which the third party services were utilized by Big Brain Host.

Force Majeure

Big Brain Host shall not be liable for failure or delay in performing its obligations under this Agreement if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, terrorist or other attack, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services.

Backups

Customer agrees to maintain a current copy of all content hosted by Big Brain Host nothwithstanding any agreement by Big Brain Host to provide back up services.

Intellectual Property

You represent and warrant that Your use of the Services shall not infringe the intellectual property or other proprietary rights of Big Brain Host or any third party. You further acknowledge that all right, title and interest in any and all technology, including the software that is part of or provided with the Services and any trademarks or service marks of Big Brain Host is owned by Big Brain Host and/or its licensors. Unless otherwise specifically provided in this Agreement, You shall have no right, title, claims or interest in or to Big Brain Host’s intellectual property.

You shall not copy, modify or translate any Big Brain Host intellectual property or related documentation, or decompile, disassemble or reverse engineer same, to use it other than in connection with the Services, or grant any other person or entity the right to do so. Unless otherwise specifically provided in this Agreement, You are not authorized to distribute or to authorize others to distribute Big Brain Host intellectual property in any manner without the prior written consent of Big Brain Host.

Big Brain Host respects the intellectual property of others, and we ask You to do the same. Big Brain Host may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.

This Agreement shall be interpreted and construed according to, and governed by, the laws of the State of Iowa. The Circuit Court of Van Buren County, Iowa shall have exclusive jurisdiction to hear any dispute under this Agreement, or, if such court is without subject matter jurisdiction, the United States District Court for the Southwestern District of Iowa shall have exclusive jurisdiction.

Except as otherwise provided herein, this Agreement may not be amended except through a writing executed by the parties. Any failure or delay in exercising any right, remedy, or power under this Agreement shall not operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, or power provided herein or by law or in equity. The waiver by any party of the time for performance of any act or condition hereunder shall not constitute a waiver of the act or condition itself.

This Agreement shall be binding upon and inure to the benefit of You, Big Brain Host and their respective successors, and assigns. You may not assign this Agreement without the prior written consent of Big Brain Host, which consent will not be unreasonably withheld. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.

Additional amendments to the Agreements, when noted, are amendments to this Agreement and are to be incorporated into it. Examples include terms and conditions for promotional offers and other additional terms and conditions.

Big Brain Host reserves the right to modify this agreement as needed without notice, and You agree that by creating, using, or otherwise engaging in business with Big Brain Host, that You have fully read, fully understand and agree to these Terms and Conditions. You understand that the Terms and Conditions in the Agreement are legally binding and that you are authorized to enter into such agreements on behalf of Your organization or Yourself.

Big Brain Host, Inc. respects the intellectual property of others, and we ask our users to do the same. Big Brain Host may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Big Brain Host’s Copyright Agent the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Big Brain Host’s Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By CERTIFIED mail:

Big Brain Host
DMCA Compliance Agent
Two Fountain Square
11921 Freedom Drive
Reston, Virginia 20190

WHILE EVERY ATTEMPT WILL BE MADE TO PROCESS YOUR REQUEST WITHIN THE SHORTEST POSSIBLE TIME PERIOD, DUE TO WORKLOAD PLEASE ALLOW UP TO 5 BUSINESS DAYS FOR PROCESSING.