TERMS OF SERVICE
This is a legal contract between Big Horn Enterprises (BHE) and its Customers. Customer agrees to be bound by these terms whether signed or unsigned. Use in any manner whatsoever of services provided by BHE constitutes explicit agreement to be bound by these Terms of Service. Any Customer who does not agree with these Terms of Service should immediately stop using all services provided by BHE and contact BHE to cancel such services. The sole and exclusive remedy of any Customer who is dissatisfied with BHE or any of its terms, conditions, rules, policies, guidelines, or practices is to discontinue using BHE's services.
Customer represents that it is an entity legally entitled to enter into an agreement to use the services provided by BHE and may legally commit to be bound by these Terms of Service.
Customer is responsible for assuring that BHE has a valid e-mail address at all times for contacting the Customer. Failure to do so may result in termination of all services provided by BHE to the Customer.
Customer agrees to obey all local, state, Federal, and international laws which may apply to BHE and/or to Customer's use of services provided by BHE. Customer agrees not to use these services to conduct any activity which may violate these laws. Use of these services includes, but is not limited to: Web access and hosting, FTP, Usenet, Internet Relay Chat (IRC), Gopher, Email, Telnet, and any other medium through which BHE server(s) are used for the storing, distribution, and/or transmission of content or material.
Customer agrees to indemnify, defend, and hold harmless BHE from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action, or claims caused by or resulting directly and/or indirectly from Customer's use of any BHE service which damages either the Customer, BHE, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with Customer's use of services provided by BHE.
BHE reserves the right to refuse or discontinue service to anyone at BHE's sole discretion. BHE may deny Customer access to all or part of BHE's services without notice if Customer engages in any conduct or activity that BHE in its sole discretion believes to violate any of the terms and conditions contained herein. BHE shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification.
BHE makes no warranties or representations of any kind for the services being offered. All services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose; nor shall any advice or information given by BHE or its agents or employees create any such warranty.
BHE provides no warranty that BHE's services will be uninterrupted or error-free. BHE assumes no liability, express or implied, for any downtime for any reason. If there is server downtime due to any cause reasonably within BHE's control, Customer's sole claim is a refund of any fixed service fees for the day in question only. BHE will not be held liable for revenues lost by Customer for any reason.
Customer may be held legally liable for content and material located on Customer's site(s), including, but not limited to: copyrighted, trademarked, patented, or other material used without the permission of the intellectual property rights holder; trade secrets; pornography; obscene and/or defamatory content.
Customer agrees not to violate any intellectual property rights, including uploading or downloading commercial software, proprietary information, and/or copyrighted material without permission of the intellectual property rights holder.
BHE reserves the right to limit and/or prohibit any content or material it deems inappropriate as part of this agreement.
BHE reserves the right to prohibit, remove, and/or block access to any content that contains hyperlinks to content or material deemed inappropriate as defined herein.
BHE reserves the right to prohibit, remove, and/or block access to any content which contains content or material that promotes or induces illegal activity.
BHE reserves the right to prohibit and/or block access to any Usenet newsgroup, at any time for any reason, including those which contain content or material in violation of the terms in this agreement.
BHE reserves the right to prohibit and/or block access to any IRC channel, at any time for any reason, including those which contain content or material in violation of the terms in this agreement.
BHE shall have sole discretion in determining whether any content, material, information, or service is in violation of these Terms of Service.
Violations of system or network security are prohibited, and may result in Customer's criminal and civil liability. BHE will investigate any alleged or potential violations and may involve and cooperate with any appropriate law enforcement agencies if criminal activity is suspected. System or network security violations include, but are not limited to:
Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. Customer shall not use another site's mail server to relay mail without the express permission of that site.
Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting, also known as "spamming") is explicitly prohibited.
BHE reserves the right to terminate, without notice, Customers use of any service(s) provided by BHE for any Customer activity related to threatening to injure, intimidate, interfere with, oppress or otherwise coerce any other person in connection with the free exercise or enjoyment of any right or privilege guaranteed to him or her under the United States or any national or state Constitution on account of race, color, religion, ancestry, national origin, disability, gender or sexual orientation or because the Customer perceives that another has one or more of these characteristics. This includes, but is not limited to, threats to inflict evil, injury or damage on another individual.
BHE will not intentionally monitor private electronic mail messages sent or received by its Customers unless required to do so by law, governmental authority, or when public safety is at stake. BHE may, however, monitor its services electronically to determine that its facilities are operating satisfactorily. Also, BHE may disclose information, including but not limited to, information concerning a Customer, a transmission made through use of BHE's services, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. BHE assumes no obligation to inform the Customer that information has been provided and in some cases may be prohibited by law from giving such notice. BHE may disclose Customer information or information transmitted through the use of BHE's services where necessary to protect BHE and others from harm, or where such disclosure is necessary to the proper operation of the system. BHE reserves the right to, at its sole discretion, release Customer information to comply with an investigation into any activity which violates these terms, and may, at its sole discretion, report such activity to the appropriate authorities.
BHE reserves the right to modify any of its Terms of Service at any time
without notice, effective upon posting the modified Terms of Service on
its web site
In addition to any other remedies that may be available to BHE under this agreement, BHE is entitled to collect from Customer any direct and indirect damages suffered by BHE through Customer's violation of this agreement, whether such violation is intentional or not.
INDIRECT OR ATTEMPTED VIOLATIONS OF THESE TERMS OF SERVICE, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF THE CUSTOMER OR BY THE CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS COMMITTED BY THE CUSTOMER.
This agreement supercedes any written, electronic, or oral communication Customer may have had with BHE or any agent or representative thereof, and constitutes the complete and total agreement between the parties.
If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make this agreement enforceable.
Please report any violations of these terms to ABUSE@B-H-E.COM. In the event that BHE receives a complaint of illegal activity being conducted on or through its facilities or servers, BHE will investigate the complaint and, in its sole discretion, may suspend or terminate provision of services to the Customer(s) involved and/or may remove the material from its servers. Customer(s) involved will be notified, by email, within three (3) working days of this proceeding. Customers who believe their activities may have been misclassified may petition BHE for resumption of services, to be granted at BHE's sole discretion.