Terms of Service
Legal Notice and Terms of Service
Use of the bigstorm.info proxy service, hence forth referred to as Bigstorm, and the service provided
by Bigstorm is subject to the notices, terms, and conditions set forth below and on the Bigstorm
websites. We may regularly amend these notices, terms and conditions at any time without
prior notice by posting new or revised terms of use policies and other documents on the
Bigstorm web sites. It is important for you to check this and other terms and conditions related to the
to use of Bigstorm and other Bigstorm products and services from time to time. PLEASE READ
THESE TERMS CAREFULLY BEFORE USING THE BIGSTORM WEB SITE. USE OF BIGSTORM
PRODUCTS AND SERVICES CONSTITUTES YOUR ACCEPTANCE OF ALL
SUCH NOTICES, TERMS AND CONDITIONS.
1. Terms of Service
You understand and agree that Bigstorm is provided "AS-IS" and that we assume no
responsibility for the failure or inaccuracy of Bigstorm. You are responsible for paying all
applicable taxes and for all hardware, software, service and other costs you may incur in
connection with your use of Bigstorm, and providing all equipment and software necessary to
connect to our web site and to use Bigstorm via the Internet. We may add, delete or change
some or all of our services provided in connection with Bigstorm at any time. Any new features that
augment or enhance Bigstorm will be subject to these notices, terms and conditions and will
also be subject to all other applicable Bigstorm policies, terms, notices and conditions as
discussed above. We may establish general practices and limits concerning use of Bigstorm.
You agree to accept these general practices and limits as they may be in effect from time
to time. In addition, we reserve the right at any time and from time to time to modify or
discontinue, temporarily or permanently, Bigstorm (or any portion thereof), or your access to
Bigstorm (or any portion thereof), for any reason or no reason, with or without notice. You
agree that we will not be liable to you or to any third party for any modification,
suspension or discontinuance of Bigstorm or your access to Bigstorm.
2. No Unlawful or Prohibited Use
As a condition of your use of the Bigstorm Service, you will not use the Bigstorm services for any
purpose that is unlawful or prohibited by these terms, conditions, and notices. You may
not use the Service in any manner which could damage, disable, overburden, or impair
any Bigstorm site/service(s) (or the network(s) connected to any Bigstorm site/service(s)) or
interfere with any other party's use and enjoyment of any Bigstorm site/service(s). You may
not attempt to gain unauthorized access to any Bigstorm site/service, other accounts, computer
systems or networks connected to any Bigstorm site/service, through hacking, password
mining or any other means. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available through the Bigstorm
site/service(s). You are responsible for any content that you post or transmit on or
through the Service. You will not use the Service to carry out unlawful activities. You
will not use the Service to spam or invade the privacy of, or threaten, other persons. If
you violate any of these terms and conditions, your permission to use the Bigstorm
site/service(s) automatically terminates.
3. Bigstorm's Right to Run Advertising Without Compensation to Users
Bigstorm reserves the right to run advertisements and promotions on all pages of the Bigstorm web
sites. By accessing your Bigstorm accounts, you agree that we have the right to run such
advertisements and promotions without compensation to you. The timing, frequency,
placement and extent of advertising by us within the pages comprising your Bigstorm account is
subject to change and shall be determined by us in our sole discretion. Your
correspondence or business dealings with, or participation in promotions of, advertisers
found on or through the Bigstorm web sites or the Bigstorm client, including payment and delivery of
related goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser. You agree that
Bigstorm will not be responsible or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence of such advertisers on the Bigstorm
web sites.
4. Links to Third-Party Sites
The Bigstorm website may provide, or third parties may provide, links to other World Wide
Web sites or other Internet resources. Any third-party sites to which Bigstorm may link are not
under control of Bigstorm. Bigstorm does not have any responsibility or liability for any information,
contents, communications or materials available on such third-party sites.
5. Applicable law
This Legal and Terms of Service as well as all disputes arising out of or in connection
with this terms shall be governed by the laws of the United States, without regard to or
application of choice of law rules or principles. Any dispute arising out of or in
connection with this Legal and Terms of Service, or in future agreements resulting there
from, shall be exclusively resolved before the competent court in the United States.
6. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules
regarding online conduct and acceptable content.
7. Indemnification
Bigstorm users must agree to indemnify and hold Bigstorm, and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or arising
out of content you submit, post to or transmit through the Service, your use of the
Service, your connection to the Service, your violation of these notices, terms and
conditions, or your violation of any rights of another.
BY USING BIGSTORM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO
BE BOUND BY THESE NOTICES, TERMS AND CONDITIONS. YOU FURTHER
AGREE THAT THE BIGSTORM SOFTWARE AGREEMENT, WHICH INCLUDES THIS BIGSTORM
LEGAL NOTICE AND TERMS OF SERVICE AND THE OTHER POLICIES AND
DOCUMENTS POSTED ON THE BIGSTORM WEB SITES, WHICH MAY BE MODFIED
FROM TIME TO TIME BY BIGSTORM, AND ANY OTHER MATERIALS EXPRESSLY
INCORPORATED HEREIN BY REFERENCE, ARE THE COMPLETE AND
EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES,
AND SUPERSEDE ANY AND ALL PRIOR AND CONTEMPORANEOUS WRITTEN
OR ORAL AGREEMENTS EXISTING BETWEEN THE PARTIES WITH RESPECT
TO SUCH SUBJECT MATTER.
8. No Resale or Service
None of Bigstorm's users is allowed to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Service, use of the Service, or access to the
Service.
9. Modifications to or Suspension of Service
Bigstorm reserves the right to modify or discontinue the Service temporarily or permanently, at
any time, with or without notice. Bigstorm will attempt to provide reasonable notice of such
changes to the services or the site.
10. Bigstorm's Proprietary Rights
The Bigstorm name, the Bigstorm logo, and other Bigstorm related properties are trademarks of Bigstorm. All
other trademarks appearing on the Service are trademarks of their respective owners.
11. Disclaimer of Warranties
The services, content, audio transmissions or other data of any kind or nature made
available at the site are provided on an "AS IS" and "AS AVAILABLE" basis or at the
specific providers own terms. All representations and warranties, either express or
implied are disclaimed, including but not limited to, warranties of title, non-infringement,
merchantability or fitness for a particular purpose. Bigstorm makes no warranty, representation
or guaranty as to the content, accuracy, timeliness or completeness of the site or the
information or that the information may be relied upon for any reason. Any material
downloaded through the service is done at your own discretion and risk and that you will
be solely responsible for any damage to your computer system or loss of data that results
from the download or use of any such material.
12. Limitation of Liability
You understand and agree that Bigstorm shall not be liable for any direct, indirect, incidental,
special, consequential, or exemplary damages, including but not limited to damages for
loss of profits, goodwill, use, data or other intangible losses, resulting from:
(i) The use or the inability to use the service;
(ii) The cost of procurement of substitute goods, data, information or services purchased
or obtained or messages received or transactions entered into through or from the service;
(iii) Unauthorized access to or alteration of your transmissions or data;
(iv) Statements or conduct of any third party on the service; or
(v) Any other matter relating to the service.
13. Willful misconduct and death or injury
The limitation of liability referred to in article 12 shall not apply in the event of (i) willful
misconduct or gross negligence on the part of Bigstorm and/or (ii) in the event of claims for
compensation as a result of death or injury. However, in no event shall Bigstorm's total liability
to you for all damages exceed the amount of a $100.
14. Notice
The Service may provide notices of changes to the License Agreement or other matters
by displaying notices or links to notices to you generally on the Service. You are obliged
to update you knowledge hereto continuously. Lack of knowledge does not imply that
these terms are not accepted by you.
15. Miscellaneous
These Terms of Service constitute the entire understanding of you and Bigstorm with respect to
the subject matter hereof. There are no understandings, agreements, conditions or
representations, oral or written, express or implied, with reference to the subject matter
hereof that are not merged herein, expressly referenced herein, or superseded hereby.
You also may be subject to additional terms and conditions that may apply when you use
affiliate services, third-party content or third-party software. The failure or delay of Bigstorm to
exercise or enforce any rights or provision of the Terms of Service may not constitute a
waiver of such right or provision. All provisions which must survive in order to give
effect to their meaning, shall survive any expiration or termination of these Terms of
Service, including without limitation all of your representations, warranties and
indemnification obligations. Should any part of these Terms of Service be held invalid by
any court or tribunal, such invalidity shall not affect the validity of any remaining part,
which will remain in full force and effect as if these Terms of Service had been executed
without that part having been held to be invalid.