This Acceptable Usage Policy and Terms of Service (the "Agreement") is entered into by and between the customer ("you") and Bigcore, a company registered in Wyoming, United States, with its principal place of business located at 447 Broadway, 2nd Floor Suite #1717, New York, New York 10013, United States (the "Company"). This Agreement sets forth the general terms and conditions of your use of the services provided by the Company (the "Services"). By using the Services, you agree to be bound by the terms and conditions set forth in this Agreement
Disclosure to Law Enforcement: The AUP specifically prohibits the use of our services for illegal activities. Therefore, Subscriber agrees that Bigcore may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber.
Service Rates: Subscriber acknowledges that the nature of the service provided and the initial rates and charges have been communicated to the Subscriber. The Subscriber is aware that the Company may change the specified rates and charges from time to time.
Payment: Establishment of this service is contingent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service or whichever is the selected billing cycle.
Refund and Disputes: All payments to Bigcore are non-refundable. This includes any setup fees and monthly fees, regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Bigcore's sole discretion, is a valid charge under the provisions of the AUP and TOS, you agree to pay Bigcore an "Administrative Fee" of not less than $100 and not more than $200.
Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of the Subscriber to pay charges when due. Such termination or denial will not relieve the Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Subscriber acknowledges that the service provided is of such a nature that the service can be interrupted for many reasons, other than the negligence of the Company, and that damages resulting from any interruption of service are difficult to ascertain. Therefore, the Subscriber agrees that the Company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the Company. The Subscriber further acknowledges that the Company's liability for its own negligence may not, in any event, exceed an amount equivalent to charges payable by the Subscriber for services during the period damages occurred. In no event shall the Company be liable for any special or consequential damages, loss or injury.
Newsgroup, Chat Forums, Other Networks: You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.
IRC Networks are strictly prohibited from our network.
Violation of any of this section will result in a fee of at least $100.00 and you may face suspension, termination, and other applicable charges.
Governing Law: This Contract shall be construed in accordance with the laws of the State of Wyoming.
Arbitration: Any controversies or disputes arising out of or relating to this Contract shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Contract. In the event the parties are unable to agree upon a mutually acceptable arbitrator, the parties shall each select an arbitrator, and the arbitrators shall select a third arbitrator to resolve the dispute. The location of arbitration shall be in Wyoming, USA. The arbitrator's decision shall be final and legally binding, and judgment may be entered upon it in any court having jurisdiction thereof.
Severability: If any provision of this Contract is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. If any provision of this Contract is held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the enforceability of any other provision of this Contract.
Entire Agreement: This Contract constitutes the entire agreement between the parties hereto and supersedes all prior agreements, understandings, and negotiations, whether written or oral, between the parties relating to the subject matter of this Contract. This Contract may be amended only by a written document duly executed by all parties.
Limitation of Liability: In no event shall Bigcore or its agents or licensors be liable for any damages, including but not limited to direct, indirect, incidental, special, consequential, or punitive damages, arising out of or in connection with your use of the Services, even if advised of the possibility of such damages.
By using Bigcore's services, you agree to comply with the updated AUP and TOS as outlined above. It is your responsibility to review and understand these terms and to adjust your services accordingly. Failure to comply with these terms may result in suspension or termination of your account, as well as additional fees, as outlined in the AUP and TOS.