Terms and Conditions

 

These Terms of Service (the “Agreement”) are an agreement between Big Needle Multimedia Solutions, LLC (“Big Needle” or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Big Needle and of the Bigneedlemedia.com website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.

 

Account Eligibility

 

By registering for or using the Services, you represent and warrant that:

 

You are eighteen (18) years of age or older. The Services are intended to be used by Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services by anyone under the age of eighteen (18) is unauthorized and is a violation of this agreement.

 

 

If you use the Services on behalf of another party you agree that you are authorized to bind the other party to this Agreement. You also agree to act on the other party’s behalf with respect to any actions you take in connection with the Services.

 

User Information

 

It is the User’s responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If Big Needle needs to contact the User, Big Needle will use the primary email on file. It is the User’s responsibility to ensure that the contact information for the account, including any domain accounts, is accurate, correct, and complete at all times. Big Needle is not responsible for any lapse in the Service, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If the User needs to verify or change the User’s contact information, the User may do so in the user account panel. Providing false contact information of any kind may result in the termination of the User’s account without notice.

 

The User agrees to be fully responsible for all use of the User’s account and for any action that takes place through the User’s account. It is the User’s responsibility to maintain the confidentiality of the User’s account password and other information related to the security of the User’s account.

 

The Service and any data you provide to Big Needle is hosted in the United States unless otherwise provided. If you access the Service from outside of the United States, you are voluntarily transferring information (potentially including personally identifiable information) and content to the U.S. and you are agreeing that Big Needle’s collection, use, storage and sharing of your information and content is subject to the laws of the United States, and not necessarily of the jurisdiction in which you are located.

 

User Content

 

User content includes any content posted by the User or Users on any websites hosted through Big Needle. The User is solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Big Needle Hosting Services, the User represents and warrant to Big Needle the following:

 

            1.You have all the necessary rights to post or distribute such User Content.

 

  1. Your posting or distribution of such User Content does not infringe or violate the rights of any third party.
  2. Big Needle is required by law to remove any content that infringes on the copyrights of another person or entity.

 

For the sole purpose of providing hosting Services, the User hereby grants to Big Needle a non-exclusive, royalty-free worldwide right and license to:

 

  1. Use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content.
  2. Make archival or back-up copies of User Content and User Websites.

 

Except for the rights expressly granted herein, Big Needle does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with the User.

 

Big Needle exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Big Needle’s computers, networks, and points of presence on the Internet. Big Needle does not monitor User Content. The User acknowledges and agrees that Big Needle may, but is not obligated to, immediately take any corrective action in Big Needle’s sole discretion, corrective actions include but are not limited to, the removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if the User violates the terms of this Agreement. The User hereby agrees that Big Needle shall have no liability due to any corrective action that Big Needle may take.

 

Domain Name Dispute Policy

 

Big Needle is not responsible for resolving any domain disputes. If you have a complaint about the issue of ownership or wording of the domain name itself (as opposed to the content hosted on the associated website), that matter will need to be taken up with the domain owner directly, or should be filled in a UDRP or court proceeding. Our internal policies, as well as ICANN regulations, prevent us from acting as the arbiter of domain name disputes. You can find more information about ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP) at http://www.icann.org/en/help/dndr/udrp.   

 

Account Access Policy

 

If a User is unable to gain access to their account with password authentication, a password reset link will be sent to the email address they have on file. If the User is not able to gain access to the email account they have on file, the User will then have to send a signed photocopy of their ID, Passport, or Driver’s License to Big Needle for confirmation. The photocopied ID must have a signature to compare to another signature that has to be written in the header of the photo copy.

 

 Technical Support

 

Users who receive technical support grant Big Needle permission to access their accounts, if necessary, to assist them to resolve any technical issues they are having. Big Needle reserves the right to refuse technical support if there has been (1) any modification or attempted modification of the Services by the User or any third party that is not affiliated with Big Needle, (2) the User fails to follow any instructions given by Big Needle to prevent or resolve the issue, (3) the User or anyone affiliated with the user is abusive to any member of the Big Needle staff.

 

Billing and Payments

 

Big Needle will automatically bill your payment method up to five (5) days prior to the due date. If the User opts to pay manually, it is the User’s responsibility to ensure that payments are made on time. Any account with an outstanding balance will receive a seven (7) day grace period. If a balance is not paid in full by the end of the seven (7) day grace period, Big Needle reserves the right to suspend the User’s Service and to charge an additional $25 reactivation fee. If an account is not reactivated after being suspended for thirty (30) days, Big Needle reserves the right to terminate the Services due to non-payment.

 

 

 

 

 

 

 

Refund Policy

 

Big Needle offers a thirty (30) day money back guarantee on all web hosting plans. After the thirty (30) day period, refunds will be given on a prorated basis. Post-paid Agency hosting plans with an initial $2 fee are paid in arrears therefore, the user will not be entitled to refund at anytime.  No refunds will be given on setup, development, domain registrations, domain transfers, domain renewals, SSL certificates, addons, advanced support fees, software licenses, or any other third-party products purchased with the Services. Big Needle reserves the right to deduct fees for value added services that may have been included in the Services at no additional fee, these services include but are not limited to Site Backing utilities, SSL certificates, and/or domain registration fees. If a User’s account has been suspended or terminated, that user will no longer be eligible for a refund under the thirty (30) day money back guarantee. Accounts that are suspended or terminated for violating this agreement will not be eligible for a refund. Accounts with a negative balance will not be activated until the account balance is paid in full.

 

 Chargebacks

 

If Big Needle receives a chargeback or payment dispute from a credit card company, bank or any other financial institution, Services may be suspended without notice. The chargeback fee and an additional $25 fee will be added to the User’s account balance, and the User’s services will not be restored until the balance is paid in full.

 

Account Renewal

 

The term of the Services will be for the time period chosen by the User during the registration of the account. A notice will be sent to the User at least ten (10) days prior to the termination of the User’s current term, if the User does not request a cancellation by phone, email, or support ticket, the Services will automatically renew for successive periods of equal length as the initial Term. By Signing this agreement, the Users authorizes Big Needle to automatically charge the User’s credit card or other payment method on file up to fifteen (15) days prior to the end of each Renewal Period, unless the User terminates, cancels, or suspends the Services without a balance owed. 

 

Data Requests

 

Big Needle will adhere to all data requests made through formal U.S. legal process and procedures as required by law. These data request include court orders, subpoenas, search warrants, and other forms of legal process.

 

Third Party Products and Services

 

Users may be subjected to the terms and conditions of third party services. It is the User’s responsibility to confirm terms of any purchase and the use of products and services with any third-party vendor.

 

Big Needle does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third-party provider.

 

Prohibited Persons (Countries, Entities, And Individuals).

 

The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or reexport, or permit the export or reexport, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization, or entity organized or located in a country or territory that is the target of an OFAC sanction (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine) (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, Big Needle also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.

 

HIPAA Disclaimer

 

“HIPAA” represents the Health Insurance Portability and Accountability Act. The Health Insurance Portability and Accountability Act of 1996, was enacted to publicize standards for the electronic exchange, privacy and security of health information. Big Needle is not “HIPAA compliant”. The User is solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data.

 

Privacy

 

In order to render services, Big Needle must collect information including name, postal address, email address, telephone number, and billing information (such as a credit card number). This information will be securely stored and used solely for its intended purpose.

 

Prohibited Use

 

 

 

The uses of Big Needle Services set forth in this section herein below are prohibited. The engaging in any prohibited use as set forth herein by the User or by any affiliate or subscriber of the User constitutes a material breach of these Terms and may lead to the immediate termination of the users account. The termination will be carried out according to the sole discretion of Big Needle without notice and without any refund. 

 

 

 

  1. Spamming

 

 

 

Spamming, whether or not it overloads the Services or disrupts service to Big Needle, Spamming is prohibited. The term “Spamming” includes, but is not limited to, the sending of unsolicited bulk and/or commercial messages over the Internet, maintaining an open SMTP policy, or sending to any mailing list that is not double opt in. Big Needle requires that all email messages contain an automated opt out. Big Needle does not allow purchased lists. Big Needle Users are required to follow all rules in the Can Spam Act (additional information can be found at: https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business) Big Needle reserves the right to determine, in its sole discretion whether e-mail recipients were part of an opt-in email list. Irrespective of whether an email campaign constitutes Spamming as defined herein, Big Needle may allow a Maximum of 500 emails per hour to be sent from any individual hosting account.

 

  1. Misrepresentation of Transmission Information

 

The User will be found in breach of these terms if according to the sole discretion of Big Needle is found forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.

 

 

 


  1. Online Pharmacies

 

No User may utilize the Services to engage in the illegal distribution of prescription medications, including, but not limited to, promotion marketing, or sale of prescription medications illegally.

 

  1. Prohibited Offerings

 

No User may utilize the Services to provide, sell, or offer to sell the following: controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others’ intellectual property is forbidden.

 


  1. Pornography

 

Pornography, nudity, sexual products, escort services and other content considered adult related is prohibited.

 

  1. Private Information and Images

 

Users are prohibited from posting or disclosing any personal or private information about or images of children or any third party without the consent of said party (or a parent or guardian’s consent in the case of a minor).

 

  1. Violations of Intellectual Property Rights

 

Any violation of any person’s or entity’s intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. Big Needle is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement. 

 

Bandwidth, CPU, and Disk Usage

 

The User may only use shared hosting space for web files, email accounts, and content of the User’s Website(s). The User may not use shared hosting space for storage purposes. Storage includes media, emails or other data as offsite storage of electronic files. The User is also prohibited from the offsite storage of email, or FTP hosts. Big Needle reserves the right to audit every shared User account for excessive usage of disk space, CPU and any other resources to ensure that the User is not in violation of the Acceptable Use Policy. Big Needle may, in our sole discretion, terminate access to the Services, charge additional fees, or delete all content from any accounts that are in violation of any of the terms stipulated herein.

 

 Purchased Domain Names

 

Domain names are purchased with a minimum duration of (1) year.  Domain renewals are billed thirty (30) days before the renewal date. It is the User’s responsibility cancel the domain renewal in writing via support ticket (30) before the renewal date. Domains are purchased from a third-party and cannot be refunded once they are renewed.

 

Free Domain Name Policy

 

If a User is offered a plan that includes a free domain name, the user will be charged $15.00 for the domain name if the account is cancelled within 1 year.

 

Force Majeure

 

In the event that a greater control or Authority causes either party to fail to comply with any of its obligations under this Contract, incuding but not limited to, acts of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods); war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilization, requisition, or embargo; rebellion, revolution, insurrection, or military or usurped, or civil war, neither party is liable for any default or delay in the performance of any of its obligations under this agreement (other than failure to make payments when due).

 

 Severability

 

If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.

 

Big Needle Content Ownership

 

With an exception for User content, all graphics, images, software, information designs, software, music, tutorials, and any other content available via Hosting Service are the property of Big Needle. The User may not and is prohibited from reproducing, modifying, copying, republishing, displaying, dispensing, photographing, recording, transmitting, or scraping any content that is the property of Big Needle. The User is only permitted to use content that is the property of Big Needle for the purpose permitted in this Agreement. The User or anyone affiliated with the user may not directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to extract “trade secrets” and source code from any Content provided by Big Needle.

 

Limited Warranty

 

THE WARRANTIES SET FORTH ABOVE ARE IN LIEU OF ALL OTHER WARRANTIES, AND EACH PARTY MAKES NO OTHER WARRANTIES WHETHER WRITTEN ORAL, WRITTEN, EXPRESS, IMPLIED, OR STATUTORY INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.

 

Limited Liability

 

BIG NEEDLE WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER INDIRECT DAMAGES, HOWSOEVER CAUSED, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR ANY OTHER MEDIA ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF BIG NEEDLE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BIG NEEDLE’S LIABILITY TO YOU, OR ANY PARTY CLAIMING ON YOUR BEHALF, IS LIMITED TO THE AMOUNT PAID DURING THE MONTH PRIOR TO THE INTIAL ACTION THAT FACILITATED THE LIABILITY. THIS LIMIT CAN NOT BE INCREASED FOR MORE THAN ONE CLAIM.

 

Backups and Data Loss

 

Big Needle is not liable for files and/or data residing on your account. The User is responsible for acquiring data backup services.

 

Liability Disclaimer

 

Big Needle makes no warranties of merchantability. Big Needle disclaims all liability including loss of data resulting from delays, delivery failures, wrong deliveries and any and all service interruptions caused by all persons employed by Big Needle.

 

Governing Law and Arbitration

 

All questions concerning the construction, interpretation and validity of this Agreement shall be governed by and construed and enforced in accordance with the domestic laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether in the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California. In furtherance of the foregoing, the internal law of the State of California will control the interpretation and construction of this Agreement, even if under such jurisdiction’s choice of law or conflict of law analysis, the substantive law of some other jurisdiction would ordinarily or necessarily apply.

 

Web Design Services Refund Policy

 

There are no refunds for web design services once the service starts. You will be given unlimited immediate revisions for a period of time equivalent to the turnaround time allowed for the web design service. After the period of time equivalent to the turnaround time, you will be given one revision per week for a period of one month. After month, there will be no more revisions.

 

Foundational Link Profile Development

 

Foundational link profile development is an essential practice in digital marketing. Our white hat link building product manually places links to your website in up to 50 appropriate web locations to establish your website as credible to search engines during the indexing process. THIS SERVICE IN NO WAY GUARANTEES THAT YOUR WEBSITE WILL BE PLACED IN A HIGHER SEARCH ENGINE POSITION BY SEARCH ENGINES. Search engines index sites at their sole discretion therefore, we are not able to guarantee in any way the results of our foundational link building service.  By ordering our foundational link profile development services you hereby authorize Big Needle Media to create directory, social media, marketing automation platforms, content delivery networks, and any other free accounts on your behalf for the sake of foundational link profile development.

 

Doman Transfer and Hosting

 

Domain Transfer and hosting, you agree to transfer and host your website using the hosting services provided by Big Needle Media. By signing this agreement, you hereby acknowledge and understand that the source codes that deliver services and functionalities to your website may be exclusively provided with the Big Needle Media Hosting Services. BIG NEEDLE IS NOT LIABLE FOR ANY LOSS OF FUNCTIONALITY AND/OR PRESENTATION THAT MAY RESULT FROM A CHANGE IN HOSTING SERVICES.

 

SEO Content Creation

 

SEO content is sold in $500 word blocks. Within 100 words there may be times In cases where more or less content will cause it to be less effective, threshold amounts will be disregarded within 100 words of the threshold.

 

SEO Content Optimization

 

SEO content optimization is a creative process. The deliverable work will be considered sufficient if the content matches or improves upon the frequency and structural standard set by the one of the ten leading sites in the search results for the targeted keyword.

 

SEO Analysis

 

Due to the continuously changing information on the web, our local SEO analysis are limited to the information currently available, indexing, sudden changes in the market, etc can cause information to change suddenly. You hereby agree that changes in the information can and WE ARE NOT LIABLE IN ANYWAY FOR DECISIONS MADE BASE ON A LOCAL ORGANIC MARKET ANALYSIS RECEIVED FROM BIG NEEDLE MEDIA.

 

On-Page SEO Correction

 

On page SEO correction is limited to on-page SEO issues that will cause your web page to be penalized by the Google search engine.

 

Domain Payments

 

Domain payments are annual and will become due every year. YOU will be notified 45-days prior to the payment due date.  

 

 

 

 

 

 

 

 

 

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