Terms and Conditions
BIGBANG – TERMS OF SERVICE
1. General Terms of Services
These Terms of Services (“Agreement”) governs the use of the services (“Service” or “Services”) that are made available by BIGBANG FZCO (“BIGBANG”, “we” or “us”). These Terms and Conditions represent the whole agreement and understanding between BIGBANG FZCO and the company/organisation or individual who subscribes to any of our service/services (“Customer”, “Member”, “Client” or “You”).
Please read this agreement carefully. By submitting an order or by accessing or using the site or services, you agree that you have read, understand, acknowledge and agree to be bound by the terms and conditions set out in this agreement. If you do not agree to this agreement, or do not meet the qualifications included in this agreement, BIGBANG is not willing to provide you with access to or use of the site or services and you must not access or use the site or services. If you access or use the site or services, you acknowledge that you meet the qualifications included in this agreement and agree to be bound by this agreement. BIGBANG may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that BIGBANG believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party. All services offered by BIGBANG are governed by this General Terms and Conditions along with subsequent Policies and Agreements.
1.1 Definitions: Terms used in this Agreement will have the definitions given in this Agreement or, if not defined in this Agreement, will have their plain English meaning as commonly interpreted
1.2 Age of Majority: Customer represents and warrants that, if an individual, Customer must be 18 years old and otherwise legally competent in all respects to, or, if an entity, Customer is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing, as applicable, and possesses all legal authority and power to accept and be bound by these Terms. Additionally, Customer represents and warrants that neither it, she, or he (as applicable), nor any entity it, she or he represents, is prohibited from registering or signing up with or otherwise subscribing to or receiving any of the Services from BIGBANG. Further, Customer represents and warrants all information provided by Customer to BIGBANG has been and is complete, accurate, and current, and that Customer shall continue to provide complete, accurate and current information to BIGBANG in connection with all registration or renewal processes and further agrees to update all such information as necessary to maintain complete, accurate and current information.
1.3 Services: BIGBANG offers Domain Name Registration, Web Hosting Services, Email Solutions, Security Solutions, VPS, Cloud, Dedicated Servers, Colocation Service and Enterprise Cloud Services to customers. Services are provided based on facility and equipment availability. BIGBANG reserves the right not to provide one or more Services where necessary facilities or equipment are not available, or for any other reason. BIGBANG intends to provide the best possible services to each of its Customers. BIGBANG is also dedicated to staying abreast of new and available technologies that will better serve our Customers. However, due to changing technologies, changing laws and the individual and collective needs of our Customers, BIGBANG reserves the right to change, modify, add or remove all or any part of these Terms at its sole and absolute discretion any time with or without notice. Such changes or modifications shall be made effective for all Members upon posting of the modified Agreement to this web address: https://www.its.ae. You may read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.
1.4 Service Management: Services which purchased from BIGBANG can be managed by the customer by login to our unified control panel. Unified control panel is secured and accessible from our website by login with registered email address and password, provided to the Customer during signup. The password is to be kept secure always and is to be known only by the Account owner. Password is property of the Customer and security of password is his/her sole responsibility. Instructions are provided by Email as well as online in the Support section of the Site to initiate, run and maintain all Services.
1.5 Maintenance: As part of our continued efforts to enhance customer experience, BIGBANG or its sub-contractors or upstream providers need to carry out maintenance on the network, which may involve temporarily inaccessibility to service offered to customers. BIGBANG will give as much notice as possible and shall try to keep this scheduled maintenance to the period specified in the notice. BIGBANG accepts no liability whatsoever arising from such a suspension of the service. In case of any accidental incidents, BIGBANG or its sub-contractors or upstream providers need to carry out emergency maintenance to avoid any problem/disaster. There may not be any advanced notice from BIGBANG to customer during emergency maintenance. BIGBANG shall not be liable for interruption or services or any special consequential damages which you may suffer because of loss of business, contracts, profits, savings or otherwise due to the maintenance. BIGBANG is unable to exercise control over material sent over the internet and excludes all liability of any kind for the publication by the Customer of inaccurate, misleading, offensive, threatening or obscene material, or material that is in breach of UAE or other applicable law.
1.6 Property Rights:
1.6.1 These Terms do not give Customer any rights in BIGBANG intellectual property or technology. BIGBANG and related trademarks and logos are the exclusive property of BIGBANG. BIGBANG and Customer agree that neither will, directly or indirectly, reverse engineer or decompile object code or execution code, nor otherwise seek to obtain source code or trade secrets of the other party. Notwithstanding the foregoing, nothing herein shall bar BIGBANG from using any knowledge, information or skills that are generally known or that can be learned or otherwise acquired in the normal course of business.
1.6.2 Customer does not have any rights in intellectual properties of third party vendors such as Microsoft, VMware, cPanel, Plesk, Bitdefender, Acronis, Acunetix, Sitelock, Comodo etc. Customer hereby agree and warrants that he or she will neither will directly or indirectly misuse property of any third-party vendors associated to services provided by BIGBANG.
1.7 Disclaimer of Warranty: You, the customer, acknowledge that the services and the software are provided “as is, as available” without any warranty of any kind. BIGBANG hereby disclaims any warranty or condition with respect to the quality, performance or functionality of the services and software, or with respect to the quality or accuracy of any information obtained from or available through use of the services and software, or that the services and software will be uninterrupted, error-free or free of viruses or other harmful components. The services and software may contain errors. No advice or information given by BIGBANG or BIGBANG’s representatives including, without limitation, customer support representatives, shall create a warranty. BIGBANG disclaims all warranties or conditions, express, implied or statutory including, without limitation, warranties or conditions of quiet enjoyment and non-infringement and any implied warranties or conditions of merchantability, title, fitness for a purpose, merchantability of computer programs and content. BIGBANG does not guarantee that users will be able to use the services at times or locations of their choosing. BIGBANG does not warrant that the services are compatible with any third-party service or software, even if such third-party claims, represents or warrants that such service or software is compatible with any service or BIGBANG in particular.
1.8 Force Majeure: Neither party shall be liable to the other for any loss or damage resulting from any cause beyond its reasonable control (a “Force Majeure Event”) including, but not limited to, insurrection or civil disorder, riot, war or military operations, national or local emergency, acts or directives or omissions of government or other competent authority, compliance with any statutory obligation or executive order, strike, lock-out, work stoppage, industrial disputes of any kind (whether or not involving either party’s employees), any Act of God, fire, lightning, explosion, flood, earthquake, eruption of volcano, storm, subsidence, weather of exceptional severity, equipment or facilities breakages / shortages which are being experienced by providers of telecommunications services generally, or other similar force beyond such Party’s reasonable control, and acts or omissions of persons for whom neither party is responsible. Upon occurrence of a Force Majeure Event and to the extent such occurrence interferes with either party’s performance of this Agreement, such party shall be excused from performance of its obligations (other than payment obligations) during the first three months of such interference, provided that such party uses best efforts to avoid or remove such causes of non-performance as soon as possible.
1.9 Limitation of Liability: BIGBANG SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL BIGBANG BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, CONVERSION, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, IP RIGHTS HOLDER INFRINGEMENT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT BIGBANG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. BIGBANG SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. BIGBANG’S ENTIRE LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF CUSTOMER’S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL BIGBANG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM
(I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE,
(II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
(III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
(IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER,
(V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER,
(VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN,
(VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
(VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
(IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR
(X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT BIGBANG IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL BIGBANG’S TOTAL AGGREGATE LIABILITY EXCEED 1,000.00 AE DIRHAMS.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
1.10 Indemnification: You, the Customer, agree to defend, indemnify and hold BIGBANG, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to your breach of any of these Terms or Service by you or any third party of the Services, except to the extent the foregoing directly result from BIGBANG’s own gross negligence or willful misconduct. BIGBANG reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, the Customer.
1.11 Governing law: These Terms shall be governed by the laws of Dubai, United Arab Emirates without reference to conflict of law principles. The Law of Country of the respective business address of BIGBANG shall be applicable to all legal relationships arising from this contract, its advance preparation, and its execution. The language shall be English. This Agreement will be governed by and construed and interpreted in accordance with the law of United Arab Emirates and the parties submit to the exclusive jurisdiction of the Court in Dubai, UAE. The Customer, the Reseller, the Affiliate and BIGBANG agree that a court may strike out or override any part of these Terms & Conditions if it considers them to be illegal, unenforceable or unfair and in such cases enforce only the Terms & Conditions as if the offending clause or clauses had never been contained in them.
2. Financial Terms & Policies:
2.1.1 Billing: All billings to Customers are in either USD or AED. Customer located in United Arab Emirates is billed in AED. All other customers are billed in USD.
2.1.2 Payment: Customer shall agree to pay all applicable fees for Services in effect at the time of sign-up registration and/or renewal, subject to these Terms. Customer agrees to update and keep current all of Customer’s billing information, email and all other contact information. It is the Customer’s responsibility to verify that the information submitted is accurate to insure proper billing and continuity of services. All payments are received and processed in USD or AED. We offer multiple billing terms for certain services. You will need to login and pay for your subscription by entering credit card details from the billing section. Payment must be made by the due date to avoid the suspension of your account.
2.1.3 Pay as you go: Service will get activated immediately after the signup and billing will get started from same hour.
2.2. Online Payment – Terms & Conditions
BIGBANG has chosen CyberSource to secure your credit cards
All credit card transactions are processed & stored using secure encryption—the same level of encryption used by leading banks on a PCI-Compliant network
You can cancel your subscription to any product or service anytime before your term expires. There will not be any refund for the cancelled service.
For subscription model, cancellation request from customer’s end before the renewal term will terminate your service at the end of your current billing cycle. You will not be billed further. If you choose not to auto renew option then you will be liable to pay using offline methods before renewal term, else your service will be suspended automatically & will only restart on confirmation of your payment in our billing systems which might take up to 24 to 48 hours after you have paid
BIGBANG or its employees do not have access to your credit card details since all details are stored in encrypted format by CyberSource.
In case you are not able to pay through credit card or paypal, you will be liable to pay using offline methods before renewal term; else your service will be suspended automatically & will only restart on confirmation of your payment in our billing systems which might take up to 24 to 48 hours after you have paid. Kindly email receipt of payment to firstname.lastname@example.org with Subject: Payment of Invoice # XYZ for faster manual processing
Your service will get suspended immediately after due date, in case we do not receive invoiced amount for renewal of service. Service will get terminated automatically after 15 days of suspension. Service can be resumed back during period of suspension after paying due amount.
BIGBANG’s Terms and Conditions for online credit card payments are subject to change at any time. Each transaction shall be subject to the specific Terms and Conditions that were in place at the time of the transaction
Primary credit card cannot be deleted unless customer added another card and make it primary.
2.3. Promotions: BIGBANG may periodically offer discounted services or credits in connection with a promotional offer, including, without limitation, free domain name registration. Such promotional offers are honored only in connection with the specific promotional package to which they apply. In the event a Customer downgrades or otherwise changes his/her/its subscription to a subscription to which a promotional offer does not apply, Customer will forfeit any unused free credits offered under the promotional packaged and BIGBANG will charge Customer the prevailing fees for any free credits redeemed by Customer under the promotional package.
2.4. Pricing: BIGBANG expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online in our website and effective immediately without any notice. If you have purchased services for a period of months or years, changes or modifications in prices and fees shall be effective when the services in question come up for renewal.
2.5. Cost of Living Adjustment (COLA): Price for services offered by BIGBANG may increase by 5% price every year with reference to Cost of Living Adjustment.
2.6. Invoice: Invoices on renewals are generated 15 days before the official due date. Payment must be made by the due date to avoid the suspension of your Account. If no payment is received, your Account will be suspended 3 days after the official due date. If no attempt is made within the next 12 days to pay due invoice(s), we reserve the right to permanently terminate your Account and format all data held. In total 15 days from the official due date will pass before we permanently terminate your Account.
2.7. Reinstatement Fee: A reasonable reinstatement fee of AED 250.00 will be charged onetime to restore your service following suspension due to non-payment.
2.8. BIGBANG makes no representations or warranties that
The amount submitted to your bank for payment will be the same as the amount posted to your bank statement
The estimated conversion price will be the same as either the amount processed or the amount posted to your bank statement, and you agree to waive any and all claims based upon such discrepancies, including any and all claims for a refund based on the foregoing.
We operate from Dubai, UAE and choose to calculate all taxes on services according to laws and regulation of Dubai and are not based in billing information that you produce at the time of purchase.
2.9.1. Customer shall acknowledge and agree that you will be charged 5% Value Added Tax (“VAT”) against all your invoices raised from BIGBANG for your subscriptions, upgrades and renewals as per Federal Authority of Taxes, United Arab Emirates.
2.9.2. Customer shall acknowledge and agree that you may be charged Value Added Tax (“VAT”), Goods and Services Tax (“GST”), or other localised fees and/or taxes, based on your bank and/or the country indicated in your billing address section.
2.9.1. We do offer 30 days Free Trial to certain services only.
2.9.2. Customer shall agree that he/she will pay license fee and bandwidth usage charges during trial period.
2.10. Refund & Cancellations:
2.10.1. BIGBANG shall, in its sole and absolute discretion, allow for the Return or Replacement of any new Service purchased within 3 days from the date of purchase in case you are not satisfied with the service. Refund will be approved only against request from customer with solid evidence to prove service level issue.
2.10.2. Money for the requested refund/return shall be refunded back to the Customer in part or whole if the refund/return approve by BIGBANG as per BIGBANG’s Return Policy. Returns shall only be credited back to the Account used to make the original purchase. If the original Account has been closed, the purchase is not eligible for Return.
2.10.3. There shall be no Refund for products/services/licenses listed below.
All Microsoft Products (Windows Operating Systems, MSSQL Database, Office365, Microsoft Exchange, CDN, Sharepoint, Skype for Business, OneDrive, Azure, Dynamics 365, Visio, Enterprise Mobility & Security, Microsoft365 etc.)
All other licenses from external vendors (WHM/cPanel, Plesk, Bitdefender, Trendmicro, Cloudlinux, Softaculous, Acunetix, Sitelock, Anti-Spam, Cloud Backup, Web Application Firewall, Weebly website builder etc.)
2.10.4. Customers can cancel a Product or a Service with a billing subscription at any time by accessing his Account online or by contacting BIGBANG. No future payments shall be billed or charged against his subscription. The cancellation of repetitive billing services does not generate a Refund.
2.10.5. Any Service interruptions or downtime or outage due to scheduled maintenance by BIGBANG or its network providers shall not count towards the uptime guarantee. BIGBANG is not liable in any way for failure of third party services.
3. Acceptable Usage Policy (AUP):
The Acceptable Usage Policy (as amended, modified or supplemented from time to time as set forth on the BIGBANG website, this “AUP”) of BIGBANG is designed to:
Protect BIGBANG’s customers, users of BIGBANG’s website, Products and Services, BIGBANG Network and physical infrastructure and third parties
Further compliance with all relevant laws and regulations
Promote the security and availability of BIGBANG’s website, BIGBANG Network and physical infrastructure and
Regulate and restrict the use of all products and services (including, but not limited to the Products and Services) provided by BIGBANG, its website, BIGBANG Network and its physical infrastructure (“BIGBANG Services”).
This AUP applies to each user that subscribes for BIGBANG’s Services (“Customers”), all users of BIGBANG’s Services and all users that access or utilize BIGBANG’s website, BIGBANG Network or its physical infrastructure, whether or not such users are customers of BIGBANG, including the customers of our Customers (“Third Party Users”), and every server or network device that is under each User’s control and attached to BIGBANG Network or physical infrastructure as a part of BIGBANG Services (a “Server”). The term “User” as used in this AUP means both Customers and Third Party Users.
BIGBANG reserves the right to amend or modify this AUP from time to time, and a User’s use of BIGBANG Services, BIGBANG’s network and physical infrastructure after changes to the AUP are posted on the legal department page of our website (www.BIGBANG.com) will constitute the User’s acceptance of any such amendments or modifications.
Customers are responsible for complying with this AUP and for violations attributable to their customers and users, whether authorized or not by a Customer or BIGBANG. Customers must take all reasonable steps to ensure that their customers and users will comply with this AUP.
This AUP does not:
Obligate BIGBANG to monitor, review, or police the data and content residing on BIGBANG Network or create any obligation or duty of BIGBANG to any party that is not a Customer, including, but not limited to, any third-party User. Unless and until notified, BIGBANG is not likely to be aware of any violations of this AUP or any violations of law. BIGBANG expects all Users to notify us of any violations of law or violations of this AUP.
BIGBANG EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE DATA AND CONTENT TRANSMITTED THROUGH OR INTERMEDIATELY, TEMPORARILY OR PERMANENTLY STORED ON BIGBANG NETWORK OR ANY SERVER AND FOR THE ACTIONS OR OMISSION OF USERS.
Users shall not allow the posting, transmission, or storage of data or content on or through BIGBANG Services, BIGBANG Network or its physical infrastructure which, in BIGBANG’s sole determination, constitutes a violation of any central, state, local or international law, regulation, ordinance, court order or other legal process (“Applicable Law”). Users shall be responsible for determining which Applicable Laws are applicable to their use of BIGBANG Services. Prohibited content includes, without limitation, (a) content or code that facilitate any violation of, or describe ways to violate, this AUP or (b) “harvested” addresses or information, (c) “phishing” websites, or (d) “spamvertising” sites.
A User shall not knowingly host on its Servers, use BIGBANG Services or transmit over BIGBANG Network, any material believed by BIGBANG to constitute pornography or indecency. In addition to any other actions it may take under this AUP, BIGBANG reserves the right to cooperate fully with any criminal investigation of content located on a Server that constitutes alleged pornography or an alleged violation of Applicable Law.
Users’ Security Obligation
Users must use reasonable care to ensure the security of each Server, BIGBANG Network and its physical infrastructure. A Customer is solely responsible for any intrusions into, or security breaches of, any of its Servers, except as otherwise covered by a specifically designated security administration or firewall security service package ordered by the Customer. BIGBANG reserves the right to disconnect without refund or the provision of service credit any Servers which disrupt BIGBANG Network or any hardware objects on the network as a result of a security compromise.
Users are prohibited from engaging in any activities that BIGBANG determines, in its sole discretion, to constitute network abuse, including, but not limited to, the following:
Introducing or executing malicious programs into any network or server, such as viruses, worms, Trojan Horses, and key loggers.
Causing or initiating security breaches or disruptions of network communication and/or connectivity, including port scans, flood pings, email-bombing, packet spoofing, IP spoofing, and forged routing information.
Executing any form of network activity that will intercept data not intended for the Customer’s server.
Evading or circumventing user authentication or security of any host, network or account, including cracking, brute-force, or dictionary attacks.
Interfering with or denying service to any user, host, or network other than the Customer’s host, such as a denial of service attack or distributed denial of service attack.
Conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including the forging of packet headers or other identification information.
Soliciting the performance of any illegal activity, even if the activity is not performed.
Using any program, or sending messages of any kind, designed to interfere with or disable a user’s terminal session.
For your convenience, you may see the list of Prohibited Activities [last page of this document] to review a list of additional prohibited activities and examples of prohibited activities. All Users are encouraged to review this list to ensure compliance with this AUP. If you believe that a violation of this AUP has occurred please review the information at the Legal section which contains important information concerning the reporting of potential violations.
Intellectual Property Infringement Policy
Users may not transmit, distribute, download, copy, cache, host, or otherwise store on a Server, BIGBANG Network or its physical infrastructure any information, data, material, or work that infringes the intellectual property rights of others or violates any trade secret right of any other person. BIGBANG has the right to disable access to, or remove, infringing content to the extent required under any applicable law or regulation depending on the geographical location of the server.
If any Customer or any Third Party User, including those that are customers of our Customers, repeatedly violates BIGBANG’s Intellectual Property Infringement Policy, any copyright law or any other intellectual property right, BIGBANG reserves the right to:
Suspend permanently or terminate BIGBANG Services of such Customer and/or
Suspend permanently or terminate the access to BIGBANG Services, BIGBANG Network or its physical infrastructure by such Third Party User.
BIGBANG owns / has been allotted by its upstream provider each IP address that it assigns to a Customer. A Customer shall not use IP addresses that were not assigned to it by BIGBANG. BIGBANG reserves the right to suspend the network access of any server utilizing IP addresses outside of the assigned range.
Customers may not operate and maintain IRC servers which connect to global IRC networks such as Undernet, EFnet and DALnet. Use of IRC plug-ins, scripts, add-ons, clones or other software designed to disrupt or deny service to other users is prohibited. Harassing or abusive IRC activity is expressly prohibited under the AUP, including:
Disruption or denial of service or
Use or joining of “botnets” or the use of IRC BNC’s or other proxy and re-direction software.
If a Customer’s IRC servers are frequently compromised or attract denial of service or distributed denial of service attacks that disrupt or denies service to other Customers or users, BIGBANG may null-route, filter, suspend, or terminate that Customer’s service.
Usenet posts and content must conform to standards established by the Internet community and the applicable newsgroup charter. BIGBANG reserves the right to determine whether such posts violate the AUP.
Resource Usage Policies
All the shared hosting accounts are governed by the Resource usage policies. BIGBANG reserves the right to suspend / terminate accounts, without giving prior notice, if it violates the Resource usage policies.
Users will cooperate and comply with any civil or criminal investigation regarding use of BIGBANG Services, BIGBANG Network or its physical infrastructure or content located on its Servers or transmitted using BIGBANG Services, BIGBANG Network or its physical infrastructure, including, without limitation, the following: discovery orders, subpoenas, freeze orders, search warrants, information requests, wire taps, electronic intercepts and surveillance, preservation requests, and any other order from a court, government entity or regulatory agency (each an “Investigation”). BIGBANG may charge a User or any person seeking compliance with an Investigation for the reasonable costs and expenses associated with BIGBANG’s compliance with any Investigation.
BIGBANG reserves the right to comply with any Investigation without notice to a User.
Customers shall not be entitled to a refund or any service credits, and BIGBANG shall not be in default under any agreement for BIGBANG Services, if its compliance with any Investigation causes a User to incur downtime or requires the sequestering of all or a portion of the Servers. BIGBANG also reserves the right to disclose information relating to Users and their use of BIGBANG Services, BIGBANG Network or its physical infrastructure or information transmitted, owned by or stored by or on behalf of any User, if such information is disclosed in connection with an Investigation or in order to prevent the death of or bodily harm to any individual, as determined by BIGBANG in its sole discretion.
Violations of AUP
BIGBANG may enforce this AUP, with or without notice to a User, by any action it deems reasonable, in its sole discretion. In addition to the remedial provisions provided elsewhere in this AUP, BIGBANG may:
Disable access to a User’s content that violates this AUP.
Suspend or Terminate a User’s access to BIGBANG Services, BIGBANG Network or its physical infrastructure.
Remove DNS records from Servers.
Block mail or any other network service.
Effect IP addresses null routing.
Take legal action against a User to enforce compliance with this AUP.
If there is a violation of this AUP direct the information to the Abuse Department at email@example.com.
If available, please provide the following information:
The IP address used to commit the alleged violation.
The date and time of the alleged violation, including the time zone or offset from GMT.
Evidence of the alleged violation.
E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. BIGBANG may take any one or more of the following actions in response to complaints:
Issue written or verbal warnings.
Suspend the User’s newsgroup posting privileges.
Suspend the User’s account.
Terminate the User’s account.
Bill the User for administrative costs and/or reactivation charges.
Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations.
If any User uses BIGBANG Services, BIGBANG Network or its physical infrastructure in a manner that exposes BIGBANG to potential liability, as reasonably determined by BIGBANG, BIGBANG may suspend permanently or terminate the access to BIGBANG Services, BIGBANG Network or its physical infrastructure by such User.
The remedial actions set forth in this AUP shall not be construed in any way to limit the actions or remedies that BIGBANG may take to enforce and ensure compliance with this AUP. BIGBANG reserves the right to recover any and all expenses, and apply any reasonable charges, in connection with a User’s violation of this AUP. No refund or service credits will be issued for any interruption in service resulting from violations of this AUP.
BIGBANG reserves the right at all times to investigate any actual, suspected, or alleged violations of this AUP, with such investigation to include accessing of data and records on, or associated with, any Server, BIGBANG Network or its physical infrastructure.
Forging, misrepresenting, omitting or deleting message headers, return mailing information, or internet protocol addresses, to conceal or misidentify the origin of a message;
Creating or sending Internet viruses, worms or Trojan horses, flood or mail bombs, or engaging in denial of service attacks;
Hacking, and/or subverting, or assisting others in subverting, the security or integrity of our products or systems;
Soliciting the performance of any illegal activity, even if the activity itself is not performed;
Threatening bodily harm, or encouraging bodily harm or property destruction;
Harassing another, or encouraging harassing behavior;
Engaging in outright fraud, or using services to engage in scams like pyramid schemes;
Collecting personal information about others without their knowledge or consent;
Instructing others in prohibited activities;
Using services to disseminate or display images classified under UAE law as pornography, child erotica (regardless of literary or artistic merit) and/or bestiality; and/or
Acting in any manner that might subject BIGBANG to unfavorable regulatory action, subject us to any liability for any reason, or adversely affect BIGBANG’s public image, reputation or goodwill, as determined by us in our sole and exclusive discretion.
4. Abuse Complaints:
1. For any complaints regarding any of our services or your BIGBANG account that are related to our Terms, please send an e-mail to firstname.lastname@example.org.
2. Be as detailed as possible when explaining the problem!
5. Anti-Spam Policy:
Users may not send unsolicited bulk messages over the Internet (i.e., “spamming”) and must comply with all relevant legislation and regulations on bulk and commercial e-mail, including the CAN-SPAM Act of 2003 of the US.
Mass Mailings – Users may not send mass unsolicited e-mail, which is email that is sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from the User. Users who send mass mailings must maintain complete and accurate records of all consents and opt-ins, including the actual e-mail and its headers, and provide such records to BIGBANG upon its request. If a User cannot provide positive and verifiable proof of such consents and opt-ins, BIGBANG will consider the mass mailing to be unsolicited.
Mailing Lists – Users are prohibited from operating mailing lists, listservs, or mailing services that do not target an audience that has voluntarily signed up for e-mail information using a Confirmed Opt-In or Closed-Loop Opt-In process or that has made their e-mail addresses available to a User for distribution of information. Users who operate mailing lists must maintain complete and accurate records of all consents and Confirmed Opt-In or Closed-Loop Opt-In elections (including the actual e-mails and their headers) and provide such records to BIGBANG upon its request. If a User cannot provide positive and verifiable proof of such consents and Confirmed Opt-In or Closed-Loop Opt-In elections, BIGBANG will consider the list mailing to be unsolicited. Any User-maintained mailing list must also allow any party on the list to remove itself automatically and permanently.
Other prohibited activities include, without limitation, the following:
Use of BIGBANG Network for the receipt of replies to unsolicited mass e-mail.
Forgery of e-mail headers (“spoofing”).
Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software.
Configuration of a mail server to accept and process third-party messages for sending without user identification and authentication.
Hosting web pages advertised within “spam e-mail” sent from another network (“spamvertising”).
Hosting web pages or providing services that support spam.
Any other unsolicited bulk messages, postings, or transmissions through media such as weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-up messages, instant messages, or SMS messages.
Instructing others in any activity prohibited by this AUP.
If any Customer or any Third Party User that is a customer of our Customer uses BIGBANG Services, BIGBANG Network or its physical infrastructure in a manner that causes BIGBANG to be “blacklisted” or blocked, BIGBANG reserves the right to:
Suspend permanently or terminate BIGBANG Services of such Customer and/or
Suspend permanently or terminate the access to BIGBANG Services, BIGBANG Network or its physical infrastructure by such Third Party User.
Operating BIGBANG Service on behalf of, or in connection with, or reselling any service to persons or firms listed in the Spamhaus Register of Known Spam Operations database at www.spamhaus.org shall constitute a violation of this AUP.
Block Removal – If, as a result of a Customer’s actions, BIGBANG’s mail servers or IP address ranges are placed on black hole lists or other mail filtering software systems, BIGBANG shall charge Customer AED 500 upfront and AED 500 per hour thereafter for any necessary remedial actions.
Collection of Information
We collect various information when you register with BIGBANG FZCO, during your usage of our services, when you visit pages of our partners. We may combine information about you that we have with information we obtain from other partners or other companies in order to provide you a better experience or to improve the quality of our services. When you sign in to our services, you are not anonymous to us. We automatically receive and record information from your computer and browser, including your IP address, our cookie information, software and hardware attributes the page you request and other standard browser parameters.
We collect the following personal information from you
Contact Information such as name, email address, mailing address, phone number
Billing Information such as credit card number, and billing address
Unique Identifiers such as user name, account number, password
Usage activity about how you interact with us such as purchase history, what content you viewed, and which areas of our site you visited
As is true of most Web sites, we automatically gather information about your computer such as your IP address, browser type, referring/exit pages, and operating system.
We use this information to
Fulfill your order
Send you an order confirmation
Send you requested product or service information
Send product updates or warranty information
Respond to customer service requests
Administer your account
Send you a newsletter
Respond to your questions and concerns
You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or you can contact us at email@example.com.
We enable you to create a profile, and share information such as messages, photos, and videos with others within your network. We cannot control the actions of others with whom you may choose to share your pages and information. Also we cannot guarantee that the content you post on our site will not be viewed by others outside your network.
Our infrastructure consists of servers deployed at multiple data centers that are owned and operated by us or our partners. All information collected within our services resides on this network of servers.
Use of Information
Communicating with you
Making the sites or services easier to use by eliminating the need for you to repeatedly enter the same information
Providing our services
Auditing, research and analysis in order to maintain, protect and improve our services
Ensuring the technical functioning of our network
Protecting our rights or property and that of our users
Developing new services
Choices for Personal Information
When you sign up for a particular service that requires registration, we ask you to provide personal information. If we use this information in a manner different than the purpose defined herein and in the terms of the services offered then we will ask for your consent prior to such use. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some of our features and services may not function properly if your cookies are disabled. You can decline to submit personal information to any of our services, in which case we may not be able to provide those services to you.
Disclosure to Third Party
We will share your information with third parties only in the ways that are described in this privacy statement.
We may provide your personal information to companies that provide services to help us with our business activities such as shipping your order or offering customer service. These companies are authorized to use your personal information only as necessary to provide these services to us.
We may disclose your personal information
As required by law, such as to comply with a subpoena, or similar legal process
When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request,
If BIGBANG FZCO is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information,
To any other third party with your prior consent to do so.
We may share with third parties certain pieces of aggregated, non-personal information, such as the number of users by demographic. Such information does not identify you individually.
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.
We restrict access to personal information to our employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
We or a third party contracted by us may use technologies such as cookies, Web beacons, or scripts to gather information about how you and others interact with our Web site. For example, we will know how many users access a specific areas or features within our site and which links or ads they clicked on. We use this aggregated information to understand and optimize how our site is used, improve our marketing efforts, and provide content and features that are of interest to you.
We have a strict No-Spam Policy prohibiting the use of any data collected to send spam. We will not sell any contact information to third parties.
The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.
If you have any questions about security on our Web site, you can contact us at firstname.lastname@example.org
We provide two means for you to make a purchase on our site. You can either use our order form or a third party checkout option. If you use our shopping cart, the transmission of sensitive information collected on our order form is encrypted using secure socket layer technology (SSL). If you choose to use a third party checkout option to pay for your order, its privacy statement and security practices will apply to your information. We encourage you to read that privacy statement before providing your information.
We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services, contact us at email@example.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Accessing and Updating Personal Information
When you use our services, we make good faith efforts to provide you with access to your personal information and to correct this data if it is inaccurate.
Our Web site may offer publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, contact us at firstname.lastname@example.org. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so.
Correcting and Updating Your Personal Information
To review and update your personal information to ensure it is accurate, contact us at email@example.com.
BIGBANG reserves the right to change, modify, add or remove all or any part of these Terms at its sole and absolute discretion any time with or without notice.
For all the Non-UAE Clients:
Value Added Tax (“VAT”) Declaration under Article 31 of the Executive Regulations to the UAE VAT Law With reference to the service received from BIGBANG
We confirm that –
We are a Non-resident entity in the UAE.
Service under the contract shall not be received by our employee or a director or any other person/company in the UAE.
However, In case such service is received by our employee or a director or any other person/company in the UAE, then the other person/company is registered for VAT in UAE and will be able to recover full Input tax as per the VAT law in UAE.
In case of any change to above 3 points We shall notify BIGBANG immediately.