Updated: July 7, 2017
All services provided by BIG THINK Web Creative are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or Local law is prohibited. This includes, but is not limited to copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold BIG THINK Web Creative harmless from any claims resulting from the subscriber’s use of BIG THINK Web Creative’ services which damages the subscriber or any other party.
Explicit Adult Content NOT Allowed
Hosting websites with pornography and/or sex related merchandising are strictly prohibited at BIG THINK Web Creative. Hosting websites with explicit nude contents or linking such content from elsewhere are strictly prohibited at BIG THINK Web Creative.
EXCEPTION: Adult websites WITHOUT any explicit nude content and WITHOUT any sex related merchandising ARE ALLOWED. Some examples of such sites are: Adult Dating Sites, Adult Clubs & Bars etc.
Examples of PROHIBITED content or links include (but are not limited to):
- Adult sites
- Warez sites
- PHP Shells
- Proxy scripts
- Gambling sites
- Torrents & P2P
- Carder sites or forums
- Unlicensed Banking sites
- Ponzi / Pyramid schemes
- Phishing & Fraudulent sites
- Racism, Violence, Hate sites
- Child pornography of any sort
- Sites selling unlicensed software
- Pirated software, IRC software
- Hacking sites, programs or archives
- Game servers including dedicated game server programs
- HYIP Sites, HYIP Monitors, E-Currency Exchange Sites
- Sites distributing hacking tools, data, products or services
- Distribution of music files or any other material in which the account holder does not own the copyright
- BIG THINK Web Creative will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.
Housing of any of the following files is considered a violation of the terms of service:
IRC – We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited. Also any program that acts like an IRC server or that provide chat functions that run as background processes are not allowed.
Proxies – We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.
Port Scanning – We do not allow any kind of port scanning to be done on or from our servers or network.
SPAM, Commercial Advertising and Emails:
Spamming: Sending of unsolicited email, from any BIG THINK Web Creative server or any server located on the BIG THINK Web Creative network is STRICTLY prohibited. BIG THINK Web Creative will be the sole arbiter as to what constitutes a violation of this provision. This also includes Optin / Optout mail programs and mail that either directly or indirectly references a domain contained within an account at BIG THINK Web Creative.
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 BIG THINK Web Creative customers must be closed-loop (“Confirmed Opt-in”). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from third parties for mailing to or from any BIG THINK Web Creative hosted domain, or referencing any BIG THINK Web Creative account, is prohibited.
Commercial / Mass Mailing: Any kind of mass mailings, including commercial advertisement mails, are strictly prohibited. This prohibition applies even if the recipients have opted to receive advertisements (including double-optins).
Blacklisting of Website / Server IPs: If your website’s IP(s) or your server’s IP(s) or VPS IP(s) get blacklisted, your service will be liable to be terminated without any warning & refund. The blacklist status of your IP(s) will be checked using these tools: MxToolbox.com and multirbl.valli.org. The IPs generally get blacklisted due to abuse activities like spamming, hacking, phishing etc, which are strictly against our terms of service.
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP 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 is prohibited.
Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.
Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.
ShoutCast Servers – We do not allow Shoutcast Servers due to bandwidth and load issues.
Background Running Programs – We ask that users request permission before enabling persistent background processes of substantial load. Unauthorized background processes shall result in immediate suspension or termination of the account. BIG THINK Web Creative maintains the right to cancel accounts at its own discretion.
PHP Shell – PHP Shells or any likeness thereof are prohibited. Files with any reference to PHP Shells or likeness thereof are prohibited.
Backup Storage – Using a Personal or Semi-Dedicated hosting account as a backup/storage device is NOT permitted, with the exception of ONE cPanel backup of the same account. Please do not store backups of your backups!
Media Storage – Using a Personal or Semi-Dedicated hosting account as a media storage device for your music and movies is NOT permitted, with the exception of maximum of 5GB storage limit for all media files combined in your hosting account. If you intend to store more than 5GB of media files, consider using our VPS, Cloud or Dedicated Server.
File Download Server – Using a Personal or Semi-Dedicated hosting account as a file download server (or a transloader) is NOT permitted. Please use your own external server to store your download files and link to it.
Server Abuse – Any attempts to undermine or cause harm to a BIG THINK Web Creative server or subscriber of BIG THINK Web Creative is strictly prohibited including, but not limited to:
- Logging into a server or account that you are not authorized to access.
- Accessing data or taking any action to obtain services not intended for you or your use.
- Attempting to probe, scan or test the vulnerability of any system, subsystem or network.
- Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization.
- Transmitting material that contains viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the system.
- Interfering with, intercepting or expropriating any system, data or information.
- Interfering with service to any user, host or network including, without limitation, by means of overloading, flooding, mailbombing or crashing any computer system.
- You will be held responsible for all actions performed by your account whether it be done by you or by others.
- All customers at BIG THINK Web Creative must strictly adhere to the above policies.
Service Level Agreement (SLA)
BIG THINK Web Creative will use its commercially reasonable efforts to provide services from 9am – 5pm, Monday through Friday unless there is an issue with a site being down. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades (“Scheduled Downtime”); or service malfunctions, and causes beyond the control of BIG THINK Web Creative or which are not reasonably foreseeable by BIG THINK Web Creative, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. BIG THINK Web Creative will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its servers. BIG THINK Web Creative has no responsibility for downtime resulting from a user’s actions.
Data Loss and Security
At all times, You shall bear full risk of loss and damage to your server and all of your server content. You are entirely responsible for maintaining the confidentiality of your password and account information. You acknowledge and agree that you are solely responsible for all acts, omissions and use under and charges incurred with your account or password or in connection with the server or any of your server content displayed, linked, transmitted through or stored on the server. Backups are run weekly but do not guarantee that your content will always be safe in the event of damage to the server or the backups.
Money Back Guarantee and Refund Policy
The refund policy at BIG THINK Web Creative is clearly published here. Any violation of BIG THINK Web Creative’ Terms of Service Agreement shall result in immediate account termination.
Limitations on Use of Server Resources
If your account exceeds our published resource limits, we will notify you about the situation and will give you a fair chance to rectify the overage issue. During that time, you may investigate your website contents / scripts / databases etc to find out the cause of overage and take suitable corrective actions. If you still do not rectify the overage issue within 7 days, your account will be subject to suspension. If the overage issue still prolongs further without any resolution from you, your account will be subject to termination. If your account is terminated due to resource overage issue, you will be charged a fee for Resource Overage Penalty for the entire duration of the overage, the amount of which will vary depending on the type of resources and the extent of damage due to the overage (like: server slowness, server crash etc).
Account Setup, Renewal, Termination and Billing:
During the initial account setup, the account will be charged on the day the order is processed, regardless of the account billing date. During the account renewal, the account will again be charged 1 day prior to the next billing cycle date to ensure uninterrupted service.
Disabling of Accounts Due to Overdue Payments: Dedicated Servers will be disabled if the renewal payment is not received by the due date. For all other products, accounts will be disabled if the renewal payment is not received within 2 days of the invoice date. If your account has been disabled (suspended), you may be charged a reconnection fee of up to $50 in order to re-enable your account.
Termination of Accounts Due to Overdue Payments: For overdue invoices, if the account is not paid within the grace period (counting from the invoice due date), the account will be terminated and all information within the account will be permanently deleted from the server. No backup will be maintained for a terminated account. The grace period for Dedicated Servers is 1 day and for all other products is 14 days.
Termination of Accounts Due to Chargebacks: If we receive a chargeback from your Creditcard company or Paypal, your account will be terminated immediately without any further notice to you. During your account termination process, all the contents of your account will get permanently deleted, without any backup.
Cancellation Procedure: Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment information, or the billing password. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification. All cancellation requests must be submitted to [email protected] The only time an account may be terminated is if the Customer wishes to shut down the website. The Customer cannot transfer the website to another hosting company as stated in the initial website design contract.
Courtesy Services for Customers
All services such as backup and CPanel are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber’s own backup of any data at all times. BIG THINK Web Creative is not responsible for any lost data under any circumstances. CPanel is not associated with BIG THINK Web Creative.
- Terms of Service are subject to change without any prior notification.
- These Terms of Service are a legally binding contract between the subscriber and BIG THINK Web Creative.
- By opening an account, the subscriber agrees to the above-stated terms.
- Anything not listed in the Terms of Service is open to interpretation and change by BIG THINK Web Creative without prior notice.
- All prices are non-refundable and non-negotiable.
- Any violation of these Terms of Service will result in termination of the account. BIG THINK Web Creative maintains the right to terminate accounts without prior notification.
- We reserve the right to remove any account with 15 days prior notice.
Any dispute between BIG THINK Web Creative and a subscriber shall be determined by arbitration conducted by the American Arbitration Association pursuant to its commercial arbitration rules. The arbitrator shall decide any dispute in accordance with Oklahoma law, without the application of choice of law principles. Each party shall bear its own expenses and legal fees for the arbitration. The arbitration shall be conducted in Oklahoma County, Oklahoma, unless both parties agree in writing to a different location. The arbitration award is enforceable as a judgment of any court having proper jurisdiction.
Limitation of Damages
Recovery of damages from BIG THINK Web Creative may not exceed the amount of fees it has collected on the account.
Website Usage Conditions
Website Access Levels
Every website developed by BIG THINK Web Creative will have various areas shut off to the Customer. These are private areas that if left unprotected could allow themes, plugins or code to be installed that could potentially hurt or render the website useless. The areas that are currently blocked are but not limited to: Plugins, Themes, Settings as well as various subcategories that are deemed insignificant to the normal day-to-day usage of the standard features of the website. All areas the Customer will need to have access to add, edit or update their current content or products are left open. If a Customer finds a way to circumvent our standard access levels and protocols, all warranties of the site functionality will be voided immediately and the hosting account will be terminated without any additional warnings to the Customer.
During the development of a client’s website, it is sometimes necessary to purchase licenses to download, install and receive updates from third party developers. All renewal fees for licenses will be the sole responsibility of the hosting client and an invoice will be sent out at least 30 days prior to the license renewal date. If payment is not received, BIG THINK Web Creative can no longer maintain the theme, plugin or code.
All updates must be installed to ensure the security of the website and the server it resides on is safe. Not installing updates to try and prevent disruptions in functionality or features on the Client website is strictly prohibited and will result in account termination.
While BIG THINK Web Creative provides free updates and upgrades on our client’s websites, if there is a conflict and errors occur, the Customer will be contacted and given a quote on the cost to fix the conflict. BIG THINK Web Creative does not warranty or guarantee the continued operation of your website once an update is installed. The Customer may not use a third party developer to fix the issues due to our Website Access Levels policy.
When a website is launched from development to the live server, the Customer agrees that all functionalities and features of the website are in good condition. Due to the ever increasing complexity of website code in themes and plugins, database structures as well as the ever-growing issue of hacking, we can no longer provide free fixes for website issues. Any issues, outages or conflicts after the website is on the live server in the code (theme, plugins, WordPress) or database will incur additional fees as there are too many variables with the code, updates, server software and updates that can cause problems on a website.
The email service provided with our websites is free and we offer no guarantees or warranties on its functionality. We will do some preliminary trouble-shooting if there is a problem but any issue resulting in more than one hour of time will result in additional fees.
If your website is found to be hacked, BIG THINK Web Creative no longer provides assistance as we do not possess the skill set or experience to find an appropriate remedy. The Customer will need to contact an anti-malware company to have the site cleaned and secured. If a website is not properly secured within 24 hours, it can be terminated from the server to prevent further issues on other websites.
Migrating Website Off BIG THINK Servers
In every contract, it clearly states, “At no time will the Client be allowed to move the Web Design Project to another server or hosting company as our code is protected by copyright law and any use of the Web Design Project on any server than those monitored and maintained by BTWC is strictly prohibited and legal action will be taken to have it removed from those remote servers.”
This stipulation was created because most of our clients do not have the capacity or experience to know how to update their plugins, theme and WordPress core without the possibility of their website going down or “breaking”. It is our desire to continue to provide outstanding customer service to our clients and help them keep the website they paid for up and running smoothly.
However, from time-to-time, some clients prefer to migrate their website to another hosting company and sever the hosting relationship with BIG THINK. In those events, a severance fee must be paid in the amount of 50% of the original contract price with a minimum of $1000. After the fee is paid, the client may then migrate their website off the servers of BIG THINK to another hosting company.
If the client chooses to migrate their website without paying the fee, we will pursue all courses of legal action to have the website taken down as this is a breach of our website contractual obligations.