Terms & Conditions
Terms of Service & Acceptable Use Policy
This Terms and Conditions of Use of Services and Acceptable Use Policy (the “Agreement”) is between Big Red Pin Inc. (“Big Red Pin”) and you, the customer (the “Customer”) (collectively, Big Red Pin and Customer, the “Parties”), wherein this Agreement shall govern Customer’s access and use of certain Internet, voice and data communications services (collectively, the “Services”) provided by Big Red Pin to Customer, and any users of Customer’s, and the electronic and communications network (the “Network”) owned, operated or otherwise maintained by Big Red Pin through which the Services are provided in, at and about a defined facility at a geographic location in which Big Red Pin has established its Network for the provision of said Services (all such areas in which the Network is established for the provision of the Services, the “Premises”). Any access or use of the Services or the Network by Customer represents Customer’s express agreement to be bound by the terms and conditions of this Agreement. If Customer does not agree to be bound by the terms and conditions of this Agreement, Customer may not use the Services or otherwise access the Network. This Agreement is comprised of two (2) sections: 1) Terms and Conditions of Use of Services, and 2) Acceptable Use Policy. Any access or use of the Services or the Network by Customer represents Customer’s express agreement to be bound to the terms of both sections, which are to be construed together.
I. TERMS AND CONDITIONS OF USE OF SERVICES
Subject to other provisions within this Agreement, the following terms and conditions shall apply to the Services and the Network established by Big Red Pin for the provision thereof at the Premises:
- Customer is prohibited from creating, establishing, accessing, importing or otherwise using, or allowing any other person to use, any Internet/voice/data electronic or communications network of any kind at, in or about the Premises. No third party networking equipment or infrastructure of any kind shall be permitted or allowed at, in or about the Premises.
- Network speed shall be at or about 10Mbps unless specially agreed to by the Parties, in writing, no less than forty-five (45) days in advance of the first date in which contracted Services are to be provided at the Premises, in accordance with the additional cost established therefor by Big Red Pin.
- To receive the “Regular Rate,” as that rate is set forth in the prevailing rate schedule established by Big Red Pin, Customer’s order must be processed and paid for by Customer at least twenty-one (21) days prior to first date in which the contracted Services are to be provided at the Premises. At the time that Customer submits its order to Big Red Pin, Customer shall further submit to Big Red Pin a floor plan of the Premises for which Customer seeks Big Red Pin to establish and maintain the Network and provide the requested Services. Customer’s failure to comply with the requirements of this provision may result in delays in or the coverage of Services or establishing the Network for the Premises for the scheduled time period.
- Customer acknowledges, understands and agrees that any request to or notification of cancellation by Customer must be in writing and received by Big Red Pin NO LATER THAN ten (10) days prior to the first date in which the contracted Services are to be provided at the Premises. In the event that Customer fails to provide ten (10) days’ notice of cancellation, all fees paid by Customer for the scheduled Services shall be forfeited as a cancellation fee and there will be NO REFUND of any kind for any reason. In the event that Customer provides no less than ten (10) days’ notice of cancellation, Big Red Pin shall provide to Customer a refund of fees paid, LESS a twenty percent (20%) cancellation fee.
- Customer is responsible for any equipment rented by Customer from or through Big Red Pin. Customer is responsible for any damage, theft, loss or other harm to any such rented equipment and Customer agrees to pay Big Red Pin any additional charges assessed as a result of any such damage, theft, loss or other harm to any equipment rented by Customer at the time the rented equipment is returned to Big Red Pin.
- Unless otherwise specified between the Parties, any on-site labor or technical assistance provided by Big Red Pin to Customer at Customer’s request will be billed to Customer at the rate of $135 per hour, which Customer agrees to pay to Big Red Pin immediately upon completion of any such additional on-site services.
- With respect to providing access and use of the Network and the Services, Big Red Pin shall provide Internet and IP assignment routing. Customer shall be responsible for supplying its own cables, connectors, and adapters for hard line connection to the Network, unless, at Customer’s request and as agreed to by Big Red Pin in writing, and in accordance with any costs or charges established therefore at Big Red Pin’s prevailing fees/charges schedule, Big Red Pin provides such materials or equipment to Customer. Connecting to the Network with mobile devices, and the functionality of said devices, is Customer’s sole responsibility.
- Customer acknowledges, understands and agrees that private networks, VPN, static IP’s, custom network requirements, etc. are not included in the Services. At Customer’s request, and as agreed to by Big Red Pin in writing, Big Red Pin may provide such additional services to Customer at additional cost and expense as established therefore at Big Red Pin’s prevailing fees/charges schedule and in accordance with the specific needs or requirements thereof by Customer. All such additional services MUST be ordered by Customer from Big Red Pin no less than twenty-one (21) days prior to the first date in which the contracted Services, including the requested additional services, are to be provided at the Premises. Failure to do so may result in possible delays in or the coverage of said additional services or establishing the Network for such additional services for the Premises for the scheduled time period.
- Customer is solely and exclusively responsible for Customer’s device and equipment configurations to connect to the Network. Big Red Pin will only troubleshoot devices and equipment installed by Big Red Pin.
Subject to other provisions within this Agreement, Customer agrees to pay all charges and fees specified by Big Red Pin when Customer submits its order to Big Red Pin for the requested Services, including any applicable taxes, fees, surcharges or other assessments arising in connection with the provision of the Services and access to the Network. Customer further acknowledges and agrees that Customer has fully reviewed the prices, scheduled rates, fees and charges associated with the specific type of Services ordered by Customer, and Customer fully and expressly agrees to said prices, scheduled rates, fees and charges thereto in accordance with the terms and conditions of any applicable order, invoice, terms of service, contract or other agreement between the Parties. All charges for the Services and to access the Network must be paid in full by Customer prior to using the Services or the Network. Big Red Pin shall provide the Services and access to the Network on 24 hour, day-to-day basis commencing with Customer’s express acceptance of this Agreement. Subject to any provision in this Agreement to the contrary, payment for Services rendered to Customer by Big Red Pin, including any additional service provided by Big Red Pin to Customer under this Agreement, is due at the time of demand by Big Red Pin. Customer acknowledges, understands and agrees that in the event that Big Red Pin is required to pursue any action, including, but not limited to, any legal action or process, to collect on any charges not paid by Customer in accordance herewith, Customer agrees to fully and completely reimburse Big Red Pin for all expenses, costs, fees and charges incurred by Big Red Pin to recover such sums due, including, but not limited to, attorneys’ fees and costs and other legal expenses. Customer further agrees to pay to Big Red Pin all current charges for the Services as well as taxes and fees assessed against Customer or Big Red Pin on the charges and all late payments, interest, and other associated fees.
Big Red Pin respects freedom of expression and believes it is a foundation of a free society to express differing points of view. Big Red Pin agrees not to terminate, deny or suspend access to or use of the Services or the Network, or any portions thereof, to Customer as a result of content subject matter. Notwithstanding the foregoing, however, Big Red Pin may, in its sole and absolute discretion, immediately terminate, deny or suspend access to or use of the Services or the Network, or any portions thereof, without notice, for conduct that Big Red Pin believes (a) violates the Acceptable Use Policy, set forth below in this Agreement; or (b) constitutes a violation of any law, regulation, or tariff (including, without limitation, copyright and intellectual property laws) or is otherwise a violation of this Agreement. Termination, denial or suspension of access to or use of the Services or the Network, or any portions thereof, by Big Red Pin to Customer as a result of the foregoing may also result in the termination, cancellation or suspension of any license provided by Big Red Pin to Customer to use any software or mobile application/app required for accessing and using the Services or the Network. Big Red Pin may also terminate, deny or suspend access to or use of the Services or the Network, or any portions thereof, in the event that Big Red Pin determines that Customer provided false or inaccurate information to Big Red Pin necessary for ordering, securing or providing Services to Customer or for billing Customer therefor or obtaining payment thereof. If Big Red Pin terminates, denies or suspends access to or use of the Services or the Network in accordance with this provision, Customer shall NOT be entitled to a refund to or for any sums previously paid by Customer for the Services.
Modifications and Revisions to the Services and this Agreement
Big Red Pin reserves the right to modify or discontinue, temporarily or permanently, at any time and from time to time, the Services, or any function or feature of the Services, or access to the Network, or any portions thereof, with or without notice. Customer understands, acknowledges and agrees that Big Red Pin is not and shall not be liable to Customer or Customer’s users, or to any third party, for any such modification, suspension, or discontinuance of the Services or access to the Network, or any portions thereof. Without limiting the foregoing, Big Red Pin may post or e-mail notices of changes in the Services or access to the Network, as Big Red Pin deems appropriate and in its sole and absolute discretion.
Big Red Pin reserves the right to modify this Agreement, including its Acceptable Use Policy, below, at any time. Revisions or modifications to this Agreement are effective when posted by Big Red Pin to its website. It is Customer’s responsibility to check the Big Red Pin’s website for the latest version of this Agreement. The current version of this Agreement, including the Acceptable Use Policy, is posted at: www.bigredpin.com/terms-and-conditions.html. Customer’s continued access and use of the Services or the Network following any modification to this Agreement constitutes Customer’s acceptance of those modifications. If Customer does not agree to any subsequent revisions or modifications to this Agreement in accordance with the forgoing, Customer agrees to immediately cease accessing and using the Services and the Network.
Big Red Pin may provide notice of any revisions or modifications to this Agreement, including the AUP, by electronic mail to Customer. It is Customer’s responsibility to notify Big Red Pin of any change of e-mail or mailing address.
Customer expressly acknowledges, understands and agrees that the Services and the Network are provided “AS IS” and that Big Red Pin shall not be liable for any disruption, disconnection, outage, temporary interruption, delay, slowness, or any other failure by the Network or the Services to perform, in whole or in part, for any reason whatsoever. The Services and the Network are subject to the availability and the operational limitations of the requisite equipment and associated facilities on, in and about the Premises, various third party networks and third party Internet service providers, the Internet and the various traffic and bandwith associated therewith, and many other factors over which Big Red Pin has no control, including, but not limited to, acts of God, fire, explosion, vandalism, nuclear disaster, terrorism, cable cut, storm or other similar occurrence, and further including any law, order or regulation by any government, civil, or military authority, national emergencies, insurrections, riots, wars, labor difficulties, supplier failures, shortages or breaches, and further including any delays or failures caused by Customer or Customer’s equipment/devices or the failure of or by any third party network or Internet circuit/access provided by any third party. Refunds will NOT be issued for any delay, disruption, or outage of the Services or access to the Network, in whole or in part, for any reason of any kind.
In addition, Big Red Pin shall not be responsible or held liable for any reduction, interference or suspension in transmission speeds of the Services or the Network at the Premises which may be caused by: a) the use or discovery of personal MiFi/hotspot transmissions, whether utilized by an attendee, exhibitor, vendor, or show management or employee of show management at the Premises; b) the use or discovery of any networks not implemented by Big Red Pin by any of the above mentioned entities; c) the use or discovery of any devices, utilized by any of the above mentioned entities, that broadcast an SSID (Service Set Identifier). Customer acknowledges, understands and agrees that, in addition to other bases set forth in this Agreement, Customer is NOT entitled to any refund or exchange for purchased Services as a result of the foregoing.
Registration/Customer Information/Password Security
All information requested by Big Red Pin and provided by Customer to Big Red Pin must be accurate, said information including, but not necessarily limited to, Customer’s name, e-mail address, credit or debit card number(s) and expiration date(s), and any other information requested by Big Red Pin from Customer related to payment for the Services or any additional service provided by Big Red Pin to Customer or its users (collectively, all such Customer information, the “Registration Data”). Customer is responsible for keeping such Registration Data up-to-date and current and Customer agrees to notify Big Red Pin promptly of any changes thereto. Customer agrees to keep Customer’s login information confidential and Customer is solely responsible for any liability or damages resulting from Customer’s failure thereof. Customer is solely and fully responsible and liable for any and all activities that occur under the IP address/MAC address assigned to Customer and associated with Customer’s device(s) and account with Big Red Pin. Customer agrees to immediately notify Big Red Pin if Customer suspects any breach of security, such as, but not limited to, loss, theft, or unauthorized disclosure or access or use of the Services or the Network provided by Big Red Pin to Customer or with Customer’s account.
Third Party Content Disclaimer/ Links to Third Party Sites
Customer acknowledges, understands and agrees that all links or access points to third party sites, content or other materials accessible by Customer through the Services or the Network (collectively, all such third party links, sites, content, data, files, software, apps or other materials of any nature whatsoever, the “Third Party Content”) have not been, nor will be, independently authenticated, in whole or in part, by Big Red Pin, and Customer therefore assumes all risk when accessing or using any Third Party Content. Big Red Pin does not provide, sell, license, or lease any Third Party Content, other than that specifically and explicitly identified as being provided by Big Red Pin (collectively, all such Third Party Content specifically and explicitly identified as being provided by Big Red Pin, the “BRP Third Party Content”). Customer acknowledges, understands and agrees that all BRP Third Party Content is not under the control of or maintained by Big Red Pin, is provided to Customer only as a convenience to Customer, Big Red Pin is not responsible for the content of any BRP Third Party Content, and the inclusion of any such BRP Third Party Content does not imply endorsement by Big Red Pin of that content or the websites associated therewith.
By agreeing to the terms and conditions of this Agreement, Customer permits Big Red Pin to collect and use, certain of Customer’s personal information (all such personal information, Customer’s “Personal Information”) as expressly set forth in accordance with the terms and conditions this Agreement. Personal Information is data and information that can be used to uniquely identify or contact a single person, e.g., Customer. Customer may be asked to provide or Big Red Pin may otherwise access certain of Customer’s Personal Information anytime that Customer utilizes the Services or otherwise accesses the Network, or contacts or uses services provided by a company affiliated with Big Red Pin (an “Affiliate”). Big Red Pin and its Affiliates may share Customer’s Personal Information with each other and use it consistent with the terms of this Agreement. Big Red Pin and its Affiliates may also combine Customer’s Personal Information with other information to provide and improve Big Red Pin’s products, services, content, and advertising. Additional terms and conditions concerning the use of Customer’s Personal Information are set forth on Big Red Pin’s website at: www.bigredpin.com/privacy-policy.html, the contents of which are incorporated herein in their entirety.
General and Software Use Restrictions and License
Subject to Customer’s acceptance of and compliance with the terms and conditions of this Agreement and payment by Customer to Big Red Pin for the Services and access to the Network, Customer is hereby granted a limited, non-exclusive, non-transferable, revocable, and non-assignable license to use the Services, access the Network and download and use any software provided by Big Red Pin to access and use the Services and the Network. The Services and the Network are provided for Customer’s use only (unless otherwise specifically stated) and Customer agrees not to reproduce, duplicate, copy, sell, transfer, resell, or exploit for any commercial purposes Customer’s limited subscription to access and use the Services and the Network, and any portions thereof. Customer may not sell, resell, sublicense, assign, or transfer Customer’s right to access and use the Services or the Network. All information, documents, products and software provided by Big Red Pin to Customer to access and use the Services and the Network, or any portions thereof (collectively, all such information, documents, products and software, the “BRP Materials”), are either the property or copyrighted works of Big Red Pin or were provided to Big Red Pin by various third party manufacturers, authors, developers, licensees, and vendors (the “Third Party Providers”). Except as expressly stated to the contrary herein, Customer is prohibited, directly or indirectly, from copying, reproducing, reselling, distributing, publishing, republishing, downloading, displaying, posting or transmitting any BRP Material, or committing any other act with respect to the BRP Materials that is in violation of the U.S. Copyright Act (or any other applicable intellectual property law, rule or regulation) in any form or by any means or in any medium of any kind, without the prior express written permission of Big Red Pin. Customer is further prohibited, without Big Red Pin’s prior express written permission, from “mirroring” any BRP Material on any third party server of any kind. Subject to the foregoing, nothing provided in this Agreement confers or shall be construed as conferring any additional license or other right in or to any of the intellectual property rights of Big Red Pin or any Third Party Provider, whether by estoppel, implication, or otherwise. In the event that any software made available by Big Red Pin to Customer for download to access or use the Services or the Network is accompanied with an end user license agreement, Customer acknowledges, understands and agrees that Customer must accept the terms and conditions of such end user license prior to installing and/or using the software.
Unless otherwise explicitly stated, any materials or content provided or submitted by Customer to Big Red Pin (collectively, all such material the “Customer Materials”) in connection with accessing and utilizing the Services or accessing the Network shall be deemed to be provided on a non-proprietary and non-confidential basis. Big Red Pin shall have no obligation of any kind with respect to such Customer Materials and shall be free to use or disseminate such Customer Materials on an unrestricted basis for any purpose.
Disclaimer of Warranties
UNLESS EXPRESSLY STATED TO THE CONTRARY IN THIS AGREEMENT, THE SERVICES, THE NETWORK AND ALL BRP MATERIALS ARE PROVIDED “AS IS.” ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. BIG RED PIN MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE SERVICES, NETWORK OR ANY BRP MATERIALS PROVIDED THEREWITH, OR ANY PORTIONS THEREOF. BIG RED PIN DOES NOT AUTHORIZE ANY THIRD PARTY TO MAKE ANY STATEMENT, REPRESENTATION OR WARRANTY ON THE BEHALF OF BIG RED PIN AND CUSTOMER MAY NOT RELY ON ANY STATEMENT, REPRESENATION ORWARRANTY MADE OR DISCLOSED BY ANY PERSON OR ANY THIRD PARTY AS A STATEMENT, REPRESENTATION OR WARRANTY OF BIG RED PIN.
Limitation of Liability
BIG RED PIN SHALL NOT BE LIABLE FOR ANY DAMAGES OR CLAIM OF DAMAGES OF ANY KIND SUFFERED OR ALLEGED TO BE SUFFERED BY CUSTOMER ARISING OR RESULTING FROM OR OTHERWISE IN CONNECTION WITH CUSTOMER’S ACCESS OR USE OF THE SERVICES, THE NETWORK OR ANY BRP MATERIALS, OR ARISING FROM, AS A RESULT OF OR IN CONNECTION WITH USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING ANY THIRD PARTY CONTENT OF ANY KIND WHATSOEVER WHILE ACCESSING OR USING THE SERVICES OR THE NETWORK, SAID DAMAGES INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOST REVENUE, LOST PROFITS, LOSS OF USE, LOSS OF DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER THEY ARISE, WHETHER FOR BREACH OR IN TORT, EVEN IF BIG RED PIN HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Customer agrees to indemnify and hold harmless Big Red Pin and its subsidiaries, affiliates, officers, agents, co-branders, licensors, or other partners and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, as a result of, arising out of or otherwise in connection with: (a) any content or materials that Customer submits, posts, transmits, communicates, displays or otherwise makes available through the Services or the Network, including, but not limited to, any Third Party Content; (b) Customer’s access or use of the Services or the Network; (c) Customer’s violation of any term or condition of this Agreement; (d) any violation by Customer of any rights of another; (e) any violation of the Acceptable Use Policy of this Agreement by Customer or any of its Users, and (f) the use of Customer’s account or sub-account with Big Red Pin whether or not such usage was expressly authorized by Customer.
Customer Liability and Responsibility
CUSTOMER SHALL BE SOLELY RESPONSIBILE FOR IMPLEMENTING AND MAINTAINING ADEQUATE SECURITY, PROTECTION AND BACKUP OF ALL CUSTOMER DATA, MATERIALS AND EQUIPMENT USED BY OR UNDER THE CONTROL OF CUSTOMER IN CONNECTION WITH ACCESSING OR USING THE SERVICES OR THE NETWORK. CUSTOMER ACKNOWLEDGES, UNDERSTANDS AND AGREES THAT BIG RED PIN SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM BY CUSTOMER OR ANY THIRD PARTY FOR ANY LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM CUSTOMER’S ACCESS OR USE OF THE SERVICES, THE NETWORK, ANY BRP MATERIALS OR ANY THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY INTERRUPTION OF THE SERVICES OR ACCESS TO THE NETWORK REGARDLESS OF CAUSE. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS AND COVENANTS NOT TO SUE BIG RED PIN (INCLUDING ITS PARENT AND AFFILIATE COMPANIES, IF APPLICABLE, AND ALL EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS THEREOF) FROM AND AGANIST ANY CLAIM OF ANY KIND ARISING, RESULTING OR STEMMING FROM CUSTOMER’S ACCESS OR USE OF THE SERVICES, THE NETWORK, ANY BRP MATERIALS OR ANY THIRD PARTY CONTENT.
Local Laws / Export Control
Big Red Pin controls, operates and provides the Services and the Network from within the United States of America. Big Red Pin, therefore, makes no representation that the Services, Network, the BRP Materials or any Third Party Content accessed, obtained or transmitted by Customer or through Customer’s access or use of the Services or the Network are appropriate or available for use in other locations, and therefore, Customer is solely responsible for compliance with applicable local laws, including, but not limited to, the export and import regulations of other countries concerning the access, use and transmission of all content through Customer’s access or use of the Services or the Network.
Unless otherwise explicitly stated, all marketing or promotional materials provided with or as part of the BRP Materials are solely directed to individuals, companies, or other entities and third parties located in the United States of America. Customer acknowledges, understands and agrees that any such BRP Materials are subject to the U.S. Export Administration Laws and Regulations. Diversion of such BRP Materials that is contrary to U.S. law is prohibited. Customer agrees that none of the BRP Materials, nor any direct product therefrom, is being or will be shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor will be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Sudan. This list is subject to change without further notice and Customer must comply with the list as it exists in fact. Customer certifies that Customer is not on the U.S. Department of Commerce’s Denied Persons List or affiliated lists or on the U.S. Department of Treasury’s Specially Designated Nationals List. Customer further agrees to strictly comply with all U.S. export laws and Customer assumes sole responsibility for obtaining licenses to export or re-export as may be required.
U.S. Government Rights
The Materials on this Service are provided with the following restrictions: use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in the FAR 52.227-19 (June 1987), FAR 52.227-14 (ALT II & ALT III) (June 1987), or if DoD, as specified in DFARS 252.7202-1(a) and 252.7202-3(a) and vendor’s applicable license terms, and DFARS 252.227-7013 (Nov 1995) and 252.227-7014(Nov 1995), as applicable. Use of the Materials by the U.S. Government constitutes acknowledgment of Big Red Pin Inc. and/or the Third Party Provider’s proprietary rights in them.
Any action related to this Agreement may only be brought in the Superior Court of New Jersey, Middlesex County, or the United States District Court for the District of New Jersey, Newark Vicinage, said courts having exclusive personal and subject matter (as applicable) jurisdiction over such cases and controversies arising out of this Agreement, to which Customer expressly consents and agrees. This Agreement shall be governed by and construed according to applicable New Jersey law and controlling U.S. federal law and no choice of law rules will apply. This Agreement provides basic terms and conditions of use of the Services, the Network and any BRP Materials provided therewith, and will be enforced in conjunction with any other contractual arrangement or account agreement, if any, between Big Red Pin and Customer concerning the ordering, purchase, terms of service, technical requirements or arrangements, and the like, with respect to any purchased Services. In the event there is a conflict between any provision of this Agreement and a provision of any other contract or written agreement between Customer and Big Red Pin regarding the ordering, purchase, terms of service, technical requirements or arrangements, and the like, such provision in the other agreement or contract shall control. In the event that any provision of this Agreement shall be rendered invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable any other provision of this Agreement and the remaining terms and conditions of this Agreement shall continue in full force and effect and be construed as if this Agreement did not contain the invalid or unenforceable provision.
Infringement of Intellectual Property Rights
Customer is prohibited from infringing, publishing, submitting, copying, uploading, downloading, posting, transmitting, reproducing, or distributing any software, video or audio content, or any other content, data or material that is protected by copyright, trademark, patent, trade secret, or any other type of intellectual or proprietary property right, law, rule or regulation, of any party unless Customer owns, controls or has otherwise obtained the necessary rights, consent or permissions thereto.
II. ACCEPTABLE USE POLICY
In addition to the forgoing Terms and Conditions of Use of Services of this Agreement, Customer hereby further expressly acknowledges, understands and agrees to the terms and conditions of this Acceptable Use Policy (“AUP”) as hereby incorporated into this Agreement.
This AUP applies to the Customer’s access and use of the Services and the Network. Customer is responsible for the actions of all persons or third parties who use or may be accessing or using the Services under Customer’s account (collectively, all such persons or third parties, Customer’s “Users”). The terms and conditions of this AUP apply with equal force to all Customer Users and Customer agrees to enforce this AUP as to its Users. Customer further agrees to implement and maintain all appropriate means and measures that are necessary to protect access to Customer’s account (e.g., to keep the access password secure).
In the event that Customer or any User violates any term or provision of this AUP, Big Red Pin reserves the right, in its sole and absolute discretion, to execute and maintain the appropriate corrective actions (collectively, any and all such corrective and remedial actions and measures, the “Corrective Actions”) against Customer, Customer’s Users and any third party contacted, communicated with or accessed by Customer, including any subscriber of Customer’s services (a “Customer Subscriber”), even though the Corrective Actions taken by Big Red Pin may affect other non-offending subscribers of Customer. Depending on the nature and severity of the violation(s), Corrective Actions may include, but are not limited to, the suspension, denial or termination of access and use of the Services and the Network to Customer and its Users, as specified further within this AUP.
Through access and use of the Services and the Network in accordance with this Agreement, Customer may access various third party search engines, subscription web services, chat areas, bulletin boards, web pages, USENET, or other third party services that promulgate rules, guidelines or agreements to govern their use. Customer expressly acknowledges, understands and agrees to comply with and adhere to all such third party rules, guidelines or agreements and that failure to do so shall be a violation of this AUP.
AUP Enforcement, Notice and Corrective Actions
In addition to the foregoing, violations of this AUP by Customer may result in Big Red Pin, in its sole and absolute discretion, taking Corrective Actions, including, but not limited to, such measures from a warning notice, to a suspension of privileges, or the termination of Services to Customer and the denial of access to the Network. Big Red Pin reserves the right, but does not assume the obligation, to strictly enforce the AUP. Big Red Pin may, but is not obligated to, provide Customer with notice of an AUP violation and demand that such violation be immediately corrected by Customer.
Notwithstanding the forgoing, Big Red Pin reserves the right to act immediately and without notice to suspend, deny or terminate Services or access to the Network to Customer in response to a court order or other legal requirement that certain conduct should be stopped or when Big Red Pin determines, in its sole and absolute discretion, that the conduct may: (1) expose Big Red Pin to sanctions, prosecution, civil action or any other liability, (2) cause harm to or interfere with the integrity or normal operations of the Network or any equipment or facilities, (3) interfere with another person’s access or use of Services or the Network, or (4) otherwise present a risk of harm to Big Red Pin or its other customers or any other party.
Customer expressly acknowledges, understands and agrees that any and all Corrective Actions executed, implemented and maintained by Big Red Pin with respect to this AUP are final. Big Red Pin may refer potential violations of law(s) to the proper authorities, may cooperate in the investigation of any suspected criminal or civil wrongdoing, and will cooperate with authorities when required to do so by law, subpoena, or when the public safety is at stake, and Big Red Pin shall have no obligation to inform Customer as to any such activities or the disclosure of information.
Big Red Pin reserves the right to monitor Customer’s activities when accessing or using the Services or the Network and to exercise editorial control over any material transmitted, hosted, or posted by Customer while accessing or using the Services or the Network to ensure that Customer complies with this AUP and the law. In the event that Big Red Pin learns or discovers violations or potential violations by Customer of this AUP, Customer acknowledges, understands and agrees that Big Red Pin may execute, implement and maintain additional measures, all further comprising the Corrective Actions available to Big Red Pin, to stop or prevent such violations, including, but not limited to, screening or editing content, blocking content, refusing to transmit content, blocking access to certain categories of IP addresses or certain sites, or any other action necessary to enforce the policies of this AUP.
In the event that Big Red Pin suspends, denies or terminates Services or access to the Network to Customer for any AUP violation, Customer must, prior to reactivating or ordering any Services from Big Red Pin, first obtain written approval from Big Red Pin, said approval or declination thereof being in the sole and absolute discretion of Big Red Pin. In the event that Big Red Pin approves Customer for reactivation to receive Services and access the Network, or to access and use any new Services and access the Network, set-up fees, reactivation fees, or deposits may apply. In the event that Big Red Pin discovers that Customer has renewed or reactivated Services or ordered new Services from Big Red Pin following prior suspension, denial or termination thereof as a Corrective Action taken by Big Red Pin as a result of a violation of this AUP without first obtaining the prior written consent of Big Red Pin, Big Red Pin may immediately terminate any such new or reactivated Services without further notice. In any such case, Customer shall be responsible for any applicable early termination charges.
Big Red Pin will not issue any refunds, credits or other forms of compensation for any period of time during which Services or access to the Network have been suspended, denied or terminated as a result of any violation or alleged violation of this AUP.
Customer further expressly acknowledges, understands and agrees that Big Red Pin shall not be liable or responsible for any damages or claim of damages of any nature suffered or allegedly suffered by Customer, any User of Customer’s account, any Customer Subscriber, or any other third party resulting from, in whole or in part, Big Red Pin’s exercise of its rights under this AUP.
Network Use Limitations
In the event that Customer’s account with Big Red Pin or the Services provided to Customer specifies limitations on bandwidth, disk utilization, simultaneous connections, or aggregate data download or upload, or other Network use limitations (collectively, all such limitations, “Use Limitations”), any use by Customer or its Users in excess of any Use Limitation is strictly prohibited without an appropriate change in account type or status with Big Red Pin and violation thereof may result in, among various Corrective Actions available to Big Red Pin, Customer incurring additional charges for such usage.
Bandwidth, disk utilization, simultaneous connections, and aggregate data downloads/uploads on Customer’s account with respect to Customer’s access and use of the Services and the Network will be monitored by Big Red Pin for exceedances in Use Limitations. In the event that Big Red Pin determines that Customer is exceeding its Use Limitations, Big Red Pin may attempt to notify Customer as to such exceedances. If Customer continues with exceedances and violations of Use Limitations after any such notification, Big Red Pin may require Customer to upgrade the type of account or to modify the activity creating Customer’s exceedance of Use Limitations, and Customer’s failure to do so may result in Big Red Pin taking appropriate Corrective Actions.
In the event that exceedances of Use Limitations by Customer is determined to adversely affect the ability of Big Red Pin to provide services to its customers or such violations otherwise adversely affect the operation of the Network, Big Red Pin may, in its sole and absolute discretion, immediately execute, implement and maintain any Corrective Action. In such instances, Big Red Pin will attempt to notify Customer as soon as practical thereafter.
Customer is prohibited from using the Services or the Network in connection with any criminal, civil, or administrative violation of any applicable local, state, and provincial, federal, national or international law, treaty, court order, ordinance, regulation, or administrative rule (collectively, all such actions, “Unlawful Activities”). Customer acknowledges, understands and agrees that Big Red Pin, in its sole and absolute discretion, may immediately execute, implement and maintain any Corrective Action in the event of any Unlawful Activity by Customer or its Users.
Offensive or Threatening Material or Content
Customer is prohibited from accessing or using the Services or the Network to host, post, transmit, or re-transmit any content or material that is threatening, harassing, obscene, indecent, hateful, malicious, racist, fraudulent, deceptive, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise harmful or offensive to third parties, treasonous, excessively violent or promotes the use of violence, or provides instruction, information or assistance in causing or carrying out violence against any government, organization, group or individual, or provides guidance, information or assistance with respect to causing damage or security breaches to the Networks or to the network of any other service provider and Customer is further prohibited from creating or attempting to utilize a domain name that is fraudulent, indecent, offensive, deceptive, threatening, abusive or harassing (collectively, all such offensive or threatening material, content and actions, “Offensive Content”). Customer acknowledges, understands and agrees that Big Red Pin, in its sole and absolute discretion, may immediately execute, implement and maintain any Corrective Action in the event of any Offensive Content by Customer or its Users.
Interaction with Minors
Big Red Pin has a zero tolerance policy regarding access and use of the Services or the Network to engage in inappropriate conduct with a minor (anyone under 18 years of age). Customer expressly acknowledges, understands and agrees that Customer shall not knowingly collect or solicit personal information from a minor without the express consent of the parent or guardian of the minor, nor shall you use the Services or the Network to harm or intimidate a minor. Big Red Pin complies with all federal and state laws pertaining to the protection of minors, including the reporting of all apparent cases of child pornography or exploitation to the National Center for Missing and Exploited Children. For more information about online safety, visit www.ncmec.org.
Violation of the CAN-SPAM Act of 2003, or any state or federal law regulating e-mail services, constitutes an automatic violation of this AUP and Big Red Pin reserves the right to seek damages and other available relief against Customer, as applicable. Customer further acknowledges, understands and agrees that Big Red Pin, in its sole and absolute discretion, may immediately execute, implement and maintain any Corrective Action in the event of any violation of this Spam/E-mail/Usenet Abuse provision by Customer or its Users.
Customer is prohibited from accessing or using the Services or the Network to engage in any form of Spam/E-mail/Usenet Abuse, as discussed herein, or to engage in any other activity that is in violation of the CAN-SPAM Act of 2003. Examples of Spam/E-mail/Usenet Abuse include, but are not limited to, the following activities:
- Sending unsolicited electronic mail messages and “mail-bombing” (sending mass unsolicited e-mail messages to a single user, or group of users, commercial or otherwise, or deliberately sending very large attachments to one recipient);
- Using another site’s mail server to relay mail without the express permission of the site;
- Using another computer, without authorization, to send multiple e-mail messages or to retransmit e-mail messages for the purpose of misleading recipients as to the origin;
- Using IP addresses that the Customer does not have a right to use;
- Collecting responses from unsolicited electronic messages;
- Maintaining a site that is advertised via unsolicited electronic messages, regardless of the origin of the unsolicited electronic messages;
- Spamming, sending unsolicited commercial e-mail, sending unsolicited electronic messages with petitions for signatures, any chain mail related materials, or requests for charitable donations;
- Sending messages that are harassing or malicious, or otherwise could reasonably be predicted to interfere with another party’s quiet enjoyment, access and use of any service provided by Big Red Pin or access and use of the Network (e.g., through language, frequency, size or otherwise);
- Sending bulk (i.e., twenty-five or more recipients) electronic messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender;
- Using distribution lists containing addresses that include those who have opted out;
- Sending electronic messages that do not accurately identify the sender, the sender’s return address, the e-mail address of origin, or other information contained in the subject line or header;
- Using distribution lists containing addresses that include those who have opted out;
- Sending electronic messages that do not accurately identify the sender, the sender’s return address, the e-mail address of origin, or other information contained in the subject line or header;
- Forging headers or identifiers in order to disguise the origin of e-mail;
- Use of redirect links in unsolicited commercial e-mail to advertise a website or service;
- Posting a single message or messages to online forums or newsgroups, that could reasonably be expected to provoke complaints;
- Posting messages to or canceling or superseding messages on an online forum or newsgroup in a manner that violates the rules of the forum or newsgroup or that contain forged header information;
- Sending bulk electronic messages in quantities that exceed standard industry norms or that create the potential for disruption of the Network or of any other electronic network with which Big Red Pin interconnects;
- Intercepting, redirecting or otherwise interfering or attempting to interfere with e-mail intended for other parties;
- Knowingly deleting any author attributions, legal notices, or proprietary designations or labels in a file that the user mails or sends;
Spam Damages: Because spam related damages are often difficult to quantify, Big Red Pin reserves the right, in its sole and absolute discretion, to elect and seek from Customer liquidated damages in the amount of five dollars (US$5.00) for each piece of “spam” or unsolicited bulk e-mail transmitted from or otherwise connected with Customer’s account, in addition to any other rights and remedies Big Red Pin may have in contract, law, and equity.
Customer is responsible for ensuring the integrity and security of Customer’s network(s) and the machines, equipment and devices that connect to and use the Services and access the Network. Customer is responsible for configuring and securing Customer’s services to prevent damage of any kind to the Network and the disruption of services provided by Big Red Pin to other customers, and to ensure that Customer’s Users, Subscribers, customers and other third parties connecting to Customer accessing and utilizing the Services and Network do so in an appropriate manner. Customer shall implement and maintain all necessary steps, measures and actions to manage access and use of the Services and the Network in such a manner that network abuse is prevented or minimized to the greatest extent possible. Customer is further responsible for implementing and maintaining all appropriate and necessary corrective and remedial actions, steps and measures on vulnerable, exploited or compromised systems and networks to prevent continued abuse. Violations of system or network security are prohibited and may result in criminal and/or civil liability.
Customer is prohibited from using or attempting to use the Services or the Network to interfere with, gain unauthorized access to, or otherwise violate the security of any server, network, personal computer, network access or control devices, software, data, or other system or equipment, owned operated or controlled by Big Red Pin or by any other party (each such activity a “Security Violation,” and collectively, “Security Violations”). Customer acknowledges, understands and agrees that Big Red Pin, in its sole and absolute discretion, may immediately execute, implement and maintain any Corrective Action in the event that Big Red Pin determines or suspects that Customer has committed a Security Violation. Examples of Security Violations include, but are not limited to, the following:
- Intercepting, interfering with or redirecting e-mail intended for third parties, or any form of network monitoring, scanning or probing, or other action for the unauthorized interception of data or harvesting of e-mail addresses;
- Hacking or attempting to attack, breach, circumvent, or test the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data without express authorization of the owner of the system or network;
- Impersonating others in order to obtain another user’s account password or other personal information;
- Delivering or attempting to deliver spyware, or secretly or deceptively obtaining or attempting to obtain the personal information of third parties (phishing, etc.), or engaging or attempting to engage in modem hi-jacking;
- Using any program, file, script, command, or transmitting any message or content of any kind, designed to interfere with a terminal session or the access or use of the Internet or any other means of communication;
- Distributing or using tools designed to compromise security, including cracking tools, password guessing programs, packet sniffers or network probing tools (except in the case of authorized legitimate network security operations);
- Unauthorized monitoring of data or traffic on any network or system without the express authorization of the owner of the system or network, including, but not limited to, the use of sniffers or SNMP tools;
- Falsifying packet header, sender, or user information, whether in whole or in part, to mask or attempting to mask the identity of the sender, originator or point of origin;
- Knowingly uploading or distributing files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, spyware, malware or any other similar software or program that may damage the operation of another’s computer, mobile device or other electronic device or system, or any other property of another;
- Engaging in the transmission of pirated software;
- With respect to dial-up accounts, using any software or device designed to defeat system time-out limits or to allow your account to stay logged on while you are not actively using the Services or accessing the Network or using your account for the purpose of operating a server of any type;
- Using manual or electronic means to avoid any use limitations placed on the Services or on access to the Network;
- Gaining unauthorized access to private networks;
- Violating rules, regulations, and policies applicable to any network, server, computer database, website, or ISP that you access through the Services, or any portion thereof, or the Network, or any portion thereof.
Customer remains solely and fully responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed, or transmitted through the access or use of the Services or the Network, or any portions thereof (collectively, all such material, “Customer Content”). Big Red Pin shall not be responsible and assumes no liability for any Customer Content, or any Third Party Content, created or accessed on or through the Services or the Network, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity that Customer or Customer’s Users or Subscribers may encounter while accessing or using the Services or the Network.
Complaints and Incident Reporting
Any complaint regarding a violation of this AUP by a Customer or a Customer User, including any claim of copyright or trademark infringement or any other alleged violation of an intellectual property right, should be directed to abuse at bigredpin.com. Where possible, include details that would assist Big Red Pin in investigating and resolving such complaint (i.e., expanded headers and a copy of the offending transmission).
Responding to Complaints of Violations
Customer must respond in a timely manner to any complaint or notice of violation of this AUP or any other violation or misuse of the Services or the Network received from Big Red Pin. Failure by Customer to responsibly manage access or use of the Services or the Network may result in Big Red Pin executing, implementing and maintaining Corrective Actions, and, depending upon the terms under which Customer acquired Services from Big Red Pin, may further lead to the imposition of termination fees.
By using our service you acknowledge that you have read and understand the conditions set forth.
Please direct any questions to:
Big Red Pin Inc.
28 May Street, Suite A
Edison, NJ 08837