big legal

privacy policy

What information does big network obtain and how do we use customer information?

A brief summary of Our Privacy Policy.

Our Privacy Policy applies to customers’ use of the Big Network website, use of the Big Network App which customers can optionally install on various mobile and desktop operating systems and use of Big Network Edge hardware. We take privacy very seriously as securing your connectivity is fundamental to our business.

Signing up and ordering services.

When customers sign up for service, we ask for their name, street address, email address, and contact information. We may ask for billing information and credit card information to pay for services electronically. Not including any credit card detail, we may keep portions of the other information and use it for our own future marketing purposes even if a customer does not complete an order with us and your submission of that information is deemed consent to our use of the information as contemplated in this privacy policy.We also keep notes of contact we have with our customers.

Recording, reviewing or monitoring of your interactions with Big Network.

For quality assurance, training and online session analysis we sometimes review your interactions with us. This may include email correspondence, recorded conversations with our agents and recorded online sessions. We also save the text of 'click to chat' sessions with our online sales and service consultants and may save screenshots when customers give our repair personnel remote access to their computers for technical support.

Information gathered when visiting Big Network websites.

When a visitor goes to a Big Network website (such as bignetwork.com), we receive information about the visitor's operating system and its browser, the site accessed immediately before accessing our website, pages the visitor goes to within our website, average time spent on our site, and sometimes the website accessed after leaving it along with other relevant statistics. For analysis and investigative purposes we may also record and view a visitor’s online sessions, but we do not include any sensitive information such as social security numbers or credit card information. We also get the visitor's Internet Protocol (IP) address,* including the city and state of its location. That lets us customize product availability and pricing for that community. We may also retain information entered by visitors on our online order pages, even if the visitor does not complete an order and submission ofthat information is deemed consent to our use of the information as contemplated in this privacy policy.

*An IP address is assigned to a visitor's browser by the visitor's ISP. The IP address identifies visitors on the Internet by a number, and part of that number usually identifies he visitor's city and state. YourIP address stays the same while you're connected to the Internet, but a new one may get assigned between Internet sessions.

Information obtained when clicking on Big Network ads on other websites.

When we place ads on others' websites, the ad networks we work with provide general information about visitors who click on our ads, including the types of browsers they use and their city and state. The ad networks we work with may use that information to predict what Big Network ads may be mosteffective in a location.

Multiple privacy policies might apply.

In some cases, more than one privacy policy will determine how information about you is obtained and used. For example, when we sell you services either with or through another business (such as an Internet, television or wireless service), their privacy policies will be relevant. This is also true when you access non-Big Network websites.

Personal information obtained from third parties.

Sometimes, we receive information about our customers from other businesses. This happens, for example, when another business sells our services, or when we bundle our services with services from a television or wireless company. It also happens when we bill for a business, such as a long distance company or other type of service provider. We also obtain information about our customers from businesses that gather it from many sources, including the Census Bureau and public records. Finally, we work with companies that provide us email addresses for our customers.

Routine business use of personal information.

We use information that we obtain from customers or generate while providing our services to set up and maintain accounts, provide and repair our services and equipment, respond to customers' questions and concerns, bill and collect for our services, plan for future development of our network and services, to market our services, and communicate with our customers and others about our services. We also use our customer information, and information we obtain from third parties, to determine our customers' creditworthiness and predict what new services our customers may want. We do not resell customer information that we buy from third parties.

Information we obtain when Big Network provides Network and Internet access.

We record information about usage of our networks or systems. We gather and use information generated on our networks to manage them, to plan for future development of our network and services, to market our services, and to keep our services running efficiently. For example, we monitor data to check for viruses, to control spam, to prevent attacks that might disable our services, to ensure that your traffic does not violate your subscriber agreement or our acceptable use policies, and to guard against other inappropriate or illegal activity. This involves looking at the characteristics of our network traffic, such as traffic volumes, beginning and ending points of transmissions, and the types of applications being used to send traffic across our network. We may also gather details from the modem, for example, the number and types of devices connected and the method of connection (Wi-Fi versus wired) to aid in customer troubleshooting and network operations.

Sometimes we need to look into the content of the data (such as the specific websites being visited, files being transmitted, or application being used) for the purposes described above, in circumstanceswhen we are concerned about fraud or harassment, to repair a problem we detect or that a customer contacts us about, or when we are providing the content of broadband traffic to law enforcement which we only do as authorized by law.

Most of the specific information we obtain that is attributable to a user is kept only for a matter of hours or days. We may retain data for longer if, for example, we see patterns in the traffic that give usconcerns about potential harm to our network, or if we are doing a specific study on the impact of certain applications used on our networks. We also retain for longer periods logs of the total amounts of data transmitted, and the date, time, and duration of access to the Internet through our services by a user, including the user's IP address at the time.

We will not look into the content of your email, websites visited or other communications for marketingpurposes without first informing you and giving you a choice about whether you want us to do so.

Location Based Advertising.

We may let advertisers know whether we provide you Internet access based on a geographic attribute to enable them to target ads to you on that basis. You will not see more ads as a result of this service, just ads intended for those in the location where we provide your service. We will not tell advertisers your service address, your physical location, or your web browsing histories, and we will not provide them any information by which they could identify you. In some instances, we may place a cookie on your computer to keep track of what ads have been displayed through this service. For more information about our location-based advertising service,click here.

Children's use of Big Network's Internet services.

We understand that children may use our Internet services. We urge you to pay attention to what yourchildren are doing on the Internet and what sites they are visiting. For more information about online safety, please visit OnGuardOnline.gov, the Federal Trade Commission's resource for Internet safety.

Cookies and similar technologies.

We maintain a variety of websites, some for general audiences (such as bignetwork.com) and some for specific customer segments such as large businesses or white label partners. When a visitor visitsone of these sites, our systems use cookies, or similar tracking files that provide information about thevisitor's operating system and its browser, the site accessed immediately before accessing our website and sometimes the website accessed after leaving it along with other relevant statistics.

We may also record and view online metrics (excluding sensitive information such as social security numbers and credit card information) and obtain information about visitors when they interact with oursites, such as which pages they visit and anything they may click on. We use this information to analyze, manage and improve our sites. To improve our visitors' experiences, we may store preferences or other information provided to personalize service offerings and ads. For example, we may use a stored telephone number and location to show local product availability and pricing. We also use information gathered from our sites, including individual online sessions for security, investigative and analytical purposes, such as to detect unauthorized intrusions, prevent malicious attacks and fraud, and help ensure a safe online experience for our visitors and customers.We may also keep information entered by visitors on our online order pages, even if the visitor does not complete an order and submission of that information is deemed consent to our use of the information as contemplated in this privacy policy. We may use this information for marketing purposes.

Your browser may by default, or you may have to set your browser to notify you when you receive a cookie or to not accept certain cookies. However, if you decide not to accept cookies from our website, you may not be able to take advantage of all of the website features.

Obtaining information from children under 13.

Unless otherwise indicated, our websites are intended for general audiences and not directed to children. We do not knowingly collect personal information from children under 13. Note that other providers' web pages are accessible through links on many of our websites, and those providers may have different practices on collecting and using information from children under 13. If you are concerned about those sites, please review them and their privacy policies.

Information we obtain when we advertise on others' websites

We work with ad networks and other third party publishers to place our ads on other companies' websites. This process could involve the use of cookies or other Internet information technologies by the ad networks. Third parties publishers and ad networks also give us feedback about the effectiveness of our ads.

INFORMATION SHARING: GENERAL PRACTICES

Sharing information within Big Network.

Big Network is made up of a number of companies and we share information among them as permitted by law or with your consent. You benefit when we better understand your interests and needs. And knowing more about how our customers use our services and sharing that information among our companies helps us improve our networks, the services we provide, and our customer service. It also lets us personalize our interactions with you, including your online experience.

Sharing information with companies who support our services.

We share customer information as needed with companies that help us market, sell, provide, plan, billand collect for, and otherwise support our services. Often when these companies act on our behalf, they refer to themselves as 'Big Network.' We also share limited customer information with companies that provide our customers with telephone equipment, Internet services, television offerings, and wireless services that we may sell as part of our service packages. We require these companies to use our information only for the purposes we specify and to keep it safe and confidential.

Providing information when lawfully permitted and necessary.

Like other businesses, we may share information: (1) to comply with laws or to respond to lawful demands such as subpoenas or court orders; (2) to assert or defend our legal rights or the rights of our employees, agents, contractors, or customers; (3) to investigate and protect against fraud, harassment, threats to our network, or other types of unlawful activity involving us, other providers wedo business with, or our customers; (4) to protect our property, including our networks, or the propertyor networks of others; or (5) as otherwise permitted by law.

Sharing information when merging, selling or transferring part of our business, or acquiring another business.

If we decide to merge, sell or transfer a part of our business to or with another company, or to acquirepart or all of another company, customer information may be shared or transferred as part of the decision process or as a result of the sale. We might also provide customer information to another company if we decide to stop providing a service. This information may be about the characteristics ofour business and groups of customers, or it could include information about specific customers.

Providing information when customers ask.

Upon customer request and subject to proper authentication, we will disclose account information to third parties.

Sharing of customer information with third parties for their use

Subject to the exceptions described below, we share customer information with third parties for their own use only where the law requires it or customers have consented to it. For the most part, federal law covers the release of information in these circumstances. From time to time we may contact you on behalf of an external business partner about a particular offering that may be of interest to you. In those cases, your personal information is not transferred to the third party.

Providing information to other carriers and service providers.

In certain circumstances, we share customer information with carriers and other service providers, including competing local and long distance companies, VoIP providers, Internet service providers, and billing companies so that they can accurately provide and bill for their services. This exchange of information is often legally required, and is also consistent with industry standards. In some cases thecustomer whose information is being provided is a customer of both Big Network and the other provider. In other cases, the other provider has told us that it has the customer's permission to receive the information. And we will also share information with another provider if we suspect fraud, harassment, a threat to their networks, or some other unlawful activity.

For example, companies like Big Network are legally required to provide customer information to longdistance and other service providers (or their billing agents) so they can verify orders, be aware of customer moves, get paid for their services and for other similar non-marketing purposes. We are required to provide such information even if the information is not listed or published, and the law limits these companies in their use of the information.

Credit reporting businesses.

We may provide information on customers' payment histories to credit evaluation or reporting businesses. We may permit those businesses to incorporate that information into their own databasesas part of offering their services.

Identity confirmation services.

We may also allow companies to match information provided to them by their potential customers with name and address information in our databases to confirm the identity of their potential customers, and the length of their service with us.

California privacy rights.

California Civil Code Section 1798.83 entitles California customers to request information concerning whether a business has disclosed personal information to any third parties for the third parties' direct marketing uses within the previous calendar year. California customers who want more information about our compliance with this law or have questions or concerns about our privacy practices and policies may contact us at legal@bignetwork.com

Disclosure of information through links from Big Network websites.

Our websites contain links to websites of other businesses. We are not responsible for information those sites collect. If you are concerned about the information collected by these other sites, please review their privacy policies.

When other companies advertise on Big Network websites.

When other companies advertise on Big Network websites such as Big Network.net, the ad networks and advertisers we work with to place ads there may put a cookie or web beacon on your computer. The ad networks use these cookies and web beacons to keep track of what ads are displayed and whether visitors click on the ads (both as required by their relationships with advertisers), and to better understand the ads that visitors like. The ad networks or advertisers who advertise on our sites are not allowed to place or use existing cookies or web beacons in order to gather information that identifies visitors individually or builds profiles about their web use. And consistent with best practices in Internet advertising, all of the ad networks we work with enable you to opt-out of their use of cookies or web beacons.

SHARING OF CUSTOMER INFORMATION WITH THE GOVERNMENT

Responding to lawful process.

We may provide customer information to the government in response to a subpoena, warrant or courtorder. Among the information we might be asked to provide are a customer's name, address, telephone number, account number, any Internet Protocol or network address that we assigned to thecustomer, records of service usage (including interactive session times and durations), how long the customer has subscribed to our services (including start date and the types of services used), and themeans and source of customer payment (including any credit card or bank account number used to pay for our services). In response to a search warrant or court order, we may be required to disclose to law enforcement agencies the content of and records relating to telephone calls, email messages (including attachments), Internet usage, and data we may store on your behalf if we provide you cloud computing or managed hosting services. We do not provide notice to our customers of law enforcement demands for information. But our usual policy is to provide notice and the opportunity to object when we receive requests related to civil lawsuits whether from the government or private parties.

Voluntary release of information in an emergency.

We may provide customer information to the government if we believe in good faith that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure without delay.

Other voluntary releases of information.

Under certain conditions, we voluntarily share information with governmental agencies:If we encounter situations where we think our customers or others that we might be in contact with are violating the law, we may contact law enforcement and provide them with the information that led to our belief.When customers complain about us to federal and state regulatory authorities, we provide pertinent information (including customer information) in response to those complaints, and may provide pertinent information to other governmental bodies inquiring about such complaints, such as state or federal legislative committees.

We may share information with the government to protect our rights or property, including information indicating that some portion of our network or the network of another provider is or has been subject to a cyber attack.

Periodically, we compare our customers' name and address information with the information possessed by the U.S. Postal Service. This lets us mail at reduced rates and helps ensure that our customers get their bills and other information from us more economically and reliably

We also share information with federal and state agencies in connection with their programs to fund universal service and other communications assistance programs for low-income or otherwise eligiblepersons, including persons with disabilities.

Reporting of child pornography.

Like other service providers, we are required to report apparent violations of laws concerning child pornography when we have a reasonable belief of facts or circumstances that warrant a report. In those cases, we contact the National Center for Missing and Exploited Children and may also contactlaw enforcement directly.

WHAT CHOICES DO OUR CUSTOMERS HAVE ABOUT INFORMATION WE OBTAIN AND HOW WEUSE IT?

GENERAL PRACTICES

Opting out of marketing communications.

You can ask not to receive our marketing calls, mail and email. You will still receive bills, email notices that your bill is available if you subscribe to paperless billing and service related contacts and notices from us even if you choose not to receive marketing contacts. SeeChoices regarding marketing contactsbelow.

Opting out of other communications.

You may receive repair, billing and order status notifications from us via text or email messages. You may choose not to receive these messages by following the 'unsubscribe' instructions in the email message, replying to the text message with 'stop'

Direct mail.

If you want to stop direct mail marketing, including the receipt of catalogs, from companies other than Big Network, you should contact them directly or go to the Direct Marketing Association (DMA) website at https://www.dmachoice.org for more information. If you do not want to receive our direct mail marketing, you must expressly tell us by clicking here or by contacting Customer Support at legal@bignetwork.com . We will stop sending you direct mail marketing for two years from the date of your request.

Email marketing.

To stop receiving commercial emails from us, follow the 'unsubscribe' instructions on the email message, click here , or contact Customer Support at legal@bignetwork.com

Please note.

In most cases it may take up to thirty days for your choices regarding marketing contacts to become effective. In certain circumstances involving direct mail, it may take longer to implement your choice. We appreciate your patience as you may receive a few more marketing communications from us while we update your preferences. If you are our customer, you will still receive billing and service related emails from us even if you choose not to receive marketing contacts.

WHAT ACCESS DO CUSTOMERS HAVE TO INFORMATION ABOUT THEMSELVES?

Access through billing statements.

Your monthly billing statement contains the primary name on your account, the services you subscribe to or use, and the amount billed. A paper billing statement may contain less detailed information about specific services or usage than information available online. Both may contain otherinformation, such as regulatory notices and charges passed on to you from other service providers. If you find a mistake in the information we have or if you have any questions about your account, please contact Customer Support at legal@bignetwork.com

Telephone and online access.

We will discuss your account with you or with someone you authorize (once the caller is properly authenticated). Information may also be available to an authorized user through your online account profile or through interactive tools on our website such as 'click to chat.' If you want to authorize someone to talk about your services or other account details, call us. Please contact Customer Support at legal@bignetwork.com

Releasing information upon written request.

Upon your request and subject to proper authentication, we will disclose account information to third parties. Please contact Customer Support at legal@bignetwork.com .

HOW DOES BIG NETWORK SECURE CUSTOMER INFORMATION?

Restricted access to information.

Only Big Network employees, agents, service providers and other businesses we work and share information with and who have a legitimate business purpose are authorized to access customer information. This access is strictly defined (often involving password controlled access and other security controls) and subject to policies and contracts requiring confidential treatment of the information.

Securing sensitive information.

We use secure technologies to transfer sensitive information and comply with a variety of industry standards, and federal and state laws regarding the protection of customer information.

Employee and vendor training.

We require employees to protect customers' information. We train our employees on those policies when they are hired, and we update that training periodically. When necessary, we train vendors on our policies as well.Although we have security measures in place to protect against the access, misuse and disclosure of information under our control we cannot guarantee that your information will never be disclosed in a manner inconsistent with our policies and practices or that our safeguards will prohibit all attempts to defeat these measures. If you think information about you or others has been disclosed without proper authorization, please contact us via email at legal@bignetwork.com, or write us at:Big Network, Inc.1916 Pike Place Suite 12, Seattle WA 98101, ATTN: PRIVACY

Changes to this Privacy Policy

We update this privacy policy from time to time to reflect evolving technology and other service, process and policy changes. We will notify you of any material changes by posting a notice on our website home page and the privacy policy page for 30 days before making the change.

Contacting us

If you have questions about this policy, our practices, concerns about your personal information, or require assistance in managing your choices, please contact us at via emailat legal@bignetwork.com , or write us at: Big Network, Inc. 1916 Pike Place, Suite 12, Seattle WA 98101, ATTN: PRIVACY

terms and conditions

TERMS AND CONDITIONS OF SERVICE

Big Network, Inc. (“Big Network” or “Company”) provides private network access, software enablingprivate network access and cloud connectivity services (the “Services”) on the condition that its customers(“Customers”) comply with the Customer Agreements listed below.. The term “Customer” refers to theorganization that Customer represents in agreeing to this Agreement. If Customer’s account is being setup by someone who is not formally affiliated with an organization, Customer is the individual creating theaccount. These Customer Agreements contain important information regarding Customers’ rights andresponsibilities.

Terms and Conditions of Service

(this document, referred to herein as the “Agreement”).Contains the general terms and conditions governing, and related information about, theServices and Customer’s use of the Services, including Big Networks policies relating to billingcustomer service and billing.

Privacy Policy.

Explains the information and data that Big Network collects from or about itsCustomers, and how Big Network stores and uses such information.

By using Big Network Services including the use of, or any access to Big Network’s websitebignetwork.com (the “Site”):

THIS AGREEMENT CONTAINS A MANDATORY BINDING ARBITRATION PROVISION WHICHSTATES THAT CUSTOMER AND Big Network AGREE TO RESOLVE DISPUTES THROUGHARBITRATION. THE ARBITRATION PROVISION REQUIRES THAT DISPUTES BE RESOLVED ININDIVIDUAL ARBITRATIONS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE ISLESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

  • Customer affirms that Customer is of legal age to enter into this agreement and that Customer has thecapacity to enter into this legally binding agreement. Any Customer using Big Network Services on behalfof another person, company or organization, warrants they have such authority to bind the respectiveperson or entity to the Agreement.
  • Customer acknowledges that Customer has read and accepts and agrees to be legally bound by andcomply with the terms and conditions set forth in the Agreement, the above Customer Agreements.
  • Any Customer or person not accepting or not agreeing to be bound by this agreement, will immediatelycease any use of Big Network Services.

JURISDICTIONAL LOCALES

The Site is controlled or operated (or both) from the United States, and is not intended to subject Company to any non-U.S. jurisdiction or law. The Site may not be appropriate or available for use in somenon-U.S. jurisdictions. Any use of the Site is at Customer’s own risk, and Customer must comply with all applicable laws, rules and regulations in doing so. Company may limit the Site’s availability at any time, inwhole or in part, to any person, geographic area or jurisdiction that Company chooses.

DEFINITIONS

As used in this Agreement, the following underlined words have the meaning set out below:

“Customer Owned Equipment” means any devices, equipment and other items that Customer acquires from a party other than Big Network that may be used in connection with the Services (for example, Customer’s television, computer, tablet or mobile device) or is describing in-home or in-office telecommunications wiring (such as coaxial cable, category of performance wiring [such as Cat5, 5e, 6, etc.], Ethernet wiring, cross connects, etc.), and network access panels/enclosures/boxes located within Customer’s premises that are intended to be fixtures to Customer’s premises.

“Applicable Laws” means applicable statutes, by-laws, rules, regulations, orders, ordinances or judgments, in each case, of any Governmental or Regulatory Authority.

“Big Network”means Big Network, Inc. and its subsidiaries and affiliates.

“Customer Content” means any data, information, content, records, and files, including Personal Information, that is encrypted and transmitted from one Customer Endpoint to one or more other Customer Endpoint(s).

“Customer Data” means any data, information, content, records, and files, including Personal Information, that Customer (or any of its Permitted Users) loads, makes available to and is accessed by, transmits to or enters into Big Network Portal.

“Dispute” means any dispute, claim, or controversy between Big Network and Customer regarding any aspect of the Services, Equipment, Software or the parties’ relationship, including those based on events that occurred prior to the date of any Customer Agreement.

“Equipment” or “CPE”means the hardware, software, equipment and other facilities provided by Big Network that are located on Customer’s private property that are utilized in connection with providing Services, but excludingCustomer Owned Equipment.

“Governmental or Regulatory Authority” means any national, provincial, state, county, municipal, quasi-governmental or self-regulatory department, authority, organization, agency, commission, board, tribunal, regulatory authority, dispute settlement panel or body, bureau, official, minister, Crown corporation, or other law, rule or regulation-making entity having jurisdiction over Big Network, Customer, the Services, the Customer Data or any other person, property, transaction, activity, event or other matter related to this Agreement,including subdivisions of, political subdivisions of and other entities created by, such entities.

“Organization” means the logical grouping of Customer created Private Networks, Customer User Account, any additional User Accounts added by CustomerCustomer’s Big Network Services.

“Personal Information” means information about an identifiable individual or information that is subject to applicable privacy or data protection laws.

“Portal” means the Big Network management portal used to orchestrate and manage Services.

“Section” means an entire section of this Agreement (for example, all of Section 6), including all sub sections thereto (such as 6(a), 6(b), etc.).

“Site” or “Website” means Big Network’s website and Portal located at bignetwork.com

“Software” means any software that Big Network or its licensors provide or make available to Customer in connection with or enabling access to Services.

“Subscription” means any Services Customer orders which are billed in reoccurring increments.

CUSTOMER’S FINANCIAL RESPONSIBILITIES

Fees

Fees. Customer will pay to Big Network the fees associated with any paid Subscription level selected via the Big Network Portal (the “Fees”). Unless otherwise set out in the Customer’s profile, all Fees are identified in US dollars and are payable monthly in advance.

Free Trial

Big Network offers Customer’s the use of up to 5 user licenses for free for the duration defined during that trial. Near to and upon the expiration date of a free trial, Big Network will notify Customer that the trial will be ending or has ended. Customer will be given the option to upgrade to a paid subscription. If Customer does not agree to continue use of Big Network Services through a paid subscription as described herein, Big Network may terminate Customer’s right to access the free trial Services.Notification of Like Offers. Big Network is not required to notify Customer of offers it makes available to others, or to lower Customer’ s rates to equal those contained in such offers.

Changes to the Fees

Big Network reserves the right to change the Fees and institute new charges upon providing not less than 30 days prior written notice to Customer.

Disputed Invoices or Charges

Big Network charges for Services monthly, in advance. If Customer fails to pay in full the invoiced amount by the due date on the applicable billing statement, Big Network may require that Customer pay the following additional amounts:

Late Payment

Upon customer request and subject to proper authentication, we will disclose account information to third parties.

  • Customer Monthly administrative late fee of $1.5% per month on past due amounts until the account balance becomes current, or a lower interest rate if required under applicable law; plus that Customer is of legal age to enter into this agreement and that Customer has thecapacity to enter into this legally binding agreement. Any Customer using Big Network Services on behalfof another person, company or organization, warrants they have such authority to bind the respectiveperson or entity to the Agreement.
  • Amounts spent (including reasonable attorney’s fees) to collect the money due. Customer agrees that such fees are reasonable in light of Big Network’s costs to collect past due amounts.
Taxes

Tax and regulatory rules are subject to interpretation and change, Big Network has complete discretion in deciding what fees, taxes and surcharges to collect from Customers. Customer waives (in other words, Customer is not eligible to receive) a refund of any fees that Big Network collects and pays to any governmental authority or agency.

Automated Payments.

Depending on Customer selected Subscription level, Big Network may require a guaranteed form of payment (for example, a credit or debit card) from Customer. Customer authorizes Big Network to deduct any fees due for the respective billing cycle from any existing credit or debit card Big Network has on file.

Third Party Payment Processors.

By using Big Network Services, Customer authorizes Big Network’s third party payment processors to post such pre-authorized charge and to charge Customer’s credit or debit card on file.

PERMISSIBLE USE

Rules of Conduct

  • Post, transmit or otherwise make available through or in connection with Big Network Services any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory,libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consentof the applicable owner.
  • Post, transmit or otherwise make available through or in connection with Big Network Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
  • Use Big Network Services for any purpose that is fraudulent or otherwise tortious or unlawful.
  • Interfere with or disrupt the operation of Big Network Services or the servers or networks used to make Big Network Services available, including by hacking or defacing any portion of Big Network Services; or violate any requirement, procedure or policy of such servers or networks.
  • Restrict or inhibit any other person from using Big Network Services.
  • Reverse engineer, decompile or disassemble any portion of Big Network Services, except where such restriction is expressly prohibited by applicable law.
  • Remove any copyright, trademark or other proprietary rights notice from Big Network Services.
  • Frame or mirror any portion of Big Network Services, or otherwise incorporate any portionof Big Network Services into any product or service, without Company’s express prior written consent.
  • Systematically download and store Big Network Services content.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Big Network Services content, or reproduce or circumvent the navigational structure or presentation of Big Network Services, without Company’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Big Network’s Site’s root directory, Company grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials.Company reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
Reservation of Rights

  • Except as specifically set forth in this Agreement, Customer retains all right, title and interest including all Intellectual Property Rights in or to the Customer Data. Customer grants to Big Network a nonexclusive, worldwide, royalty-free, irrevocable, sublicensable,and fully paid-up right to:
    1. Transmit Customer Content through Big Network Services;
    2. Access, collect, use, process, store, disclose and transmit all other Customer Data to: (A) provide Big Network Services; (B) improve and enhance Big Network Services and Big Network’s other offerings; and (C) produce data, information or other materials that do not identify or relate to a particular individual or company (such data, information and materials, the “Aggregated Data”).
  • Big Network may use, process, store, disclose and transmit the Aggregated Data for any purpose and without restriction or obligation to Customer of any kind.
  • All rights not expressly granted by Big Network to Customer under this Agreement are reserved.
Responsibility for Permitted Users

  • A Customer starting service will be issued an account (a “Owner Account”) linked to their email address. This initial User Account has Organization administrative privileges and allows the Customer to manage their Big Network Organization(s). This includes theability to onboard any new users in which that Customer wishes to have access to and use Big Network Services (each, a “User Account”). The Owner Account can then designate one or more added User Accounts as Administrator roles providing those with the capability to administer, maintain, and manage that Organization(s) certain features of Big Network Services through the Big Network Portal. In registering for a User Account, Customer will ensure that Permitted Users only use Big Network Services through a Customer User Account. Customer will not allow any user to share the Customer User Accounts with any other person.
  • Customer is responsible for identifying and onboarding all Permitted Users and for Permitted Users’ use of Big Network Services in compliance with this Agreement.
  • Customer will promptly notify Big Network of any actual or suspected unauthorized use ofBig Network Services.
  • Big Network reserves the right to suspend, deactivate, or replace a Customer User Account if it determines that a Customer User Account may have been used for an unauthorized purpose or was compromised in some manner.
  • Big Network has the right to conduct maintenance from time to time that may interrupt theServices. Big Network will use commercially reasonable efforts to provide prior notice of any Service interruptions when reasonably practicable.
  • Big Network may provide Software as part of assistance with or use of the Services. All Software provided by Big Network is licensed to Customer (in other words, allow Customer to temporarily use) for the sole and limited purpose of using Big Network Services specifically as permitted by the Customer Agreements. The Software and any other intellectual property provided by Big Network always belongs to Big Network and itslicensors and providers, and Customer obtains no ownership right whatsoever in them or any right to license them to others.
  • Big Network Software may automatically communicate with Big Network’s servers or the Big Network Portal to permit the Big Network Software to perform in accordance its specifications, to record and collect performance and metric data and to receive Updates.The Updates may be automatically installed without providing any additional notice or receiving any additional consent. Customer consents to these automatic Updates.
  • All Services information, documents, and materials on the Website are or may be protected by trademark, copyright or other intellectual property laws, and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos, and domain names (collectively, “Marks”) of Big Network and its affiliates are and shall remain Big Network’s (or such affiliate’s) exclusive property. Nothing in thisAgreement gives Customer the right or license to use any of the Marks.
  • Big Network is not responsible for any information provided by Customer to third parties, including credit/ debit card or banking information, and this information is not subject to the privacy provisions of this Agreement or the privacy notice for the Services. Customerassumes all privacy, security, and other risks associated with providing any information, including customer proprietary network information (“CPNI”) or personally identifiable information (“PII”), to third parties via the Services. For a description of the privacy protections associated with providing information to third parties, Customer should refer to the privacy policies, if any, provided by those third parties.

INDEMNITY

To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless Company and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, Big Network Services (including all Submissions); and b) any violation or alleged violation of this Agreement by you.

OBJECTIONABLE MATERIAL

Big Network Services provide unfiltered access to Customer networks and in some cases, the Internetand will provide access to some material that may offend Customer or be inappropriate for members ofCustomer’s household. Customer is responsible to control access to these materials and for who viewssuch materials via the Services. We hereby notify you that parental control protections (such as computerhardware, software or filtering services) are commercially available that may assist you in limiting accessto material that is harmful to minors. Information identifying current providers of such protections isavailable from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that Company does not endorse any of the products or services listed on such site.

CHANGES TO CUSTOMER AGREEMENTS

We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.

Your use of the Site following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, atany time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users.

Except for the services a Customer has signed up for, (i) Big Network may amend the CustomerAgreements from time to time in its sole discretion and without notice to Customers; and (ii) a current copy of all Customer Agreements that Customers may access at any time will be maintained on theWebsite. All Customers should carefully review the Customer Agreements from time to time.

Big Network may change the Customer Agreements by amending the on-line version of the relevantdocument.

If Customer continues to use the Services following any change to the Customer Agreements, prices orother policies, Customer will be deemed to have accepted the changes (in other words, made themlegally binding). If Customer does not agree to the changes, then Customer shall discontinue use theServices and contact Big Network to cancel the Services.

Any changes to the Customer Agreements are intended to be prospective only. In other words, theamended version of the relevant document only becomes binding on Customer as of the date that BigNetwork makes the change and going forward.

ENFORCEMENT OF CUSTOMER AGREEMENTS

If Big Network determines, in its sole discretion, that Customer has violated any Customer Agreement,then Big Network may suspend or terminate any or all of Customer’s Services (including the right to useany Equipment or Software) without prior notice.

Big Network does not waive (in other words, give up) any rights under the Customer Agreements justbecause Big Network has not previously enforced such rights. To be legally binding on Big Network, anywaiver Big Network grants must be in writing. If Big Network waives a violation of any CustomerAgreement, it does not mean that Big Network is waiving other rights, including for similar, earlier or laterviolations.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (B) WITHOUT LIMITING THE FOREGOING, COMPANY WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM CUSTOMER’S USE OF OR INABILITY TO USE THE SITE OR FROM ANY PRODUCTS OR THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH; (C) CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY PRODUCTS OR THIRD PARTY MATERIALS IS TO STOP USING THE SITE; AND (D) THE MAXIMUM AGGREGATE LIABILITY OF COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY CUSTOMER FOR BIG NETWORK SERVICES IN THE 6 MONTH PERIOD IMMEDIATELY PRECEDINGTHE EVENT GIVING RISE TO THE CLAIM. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THIS AGREEMENT WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH COMPANY AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

LIMIT ON THE TIME CUSTOMER HAS TO BRING A LEGAL ACTION

Customer waives (in other words, gives up) the right to commence any proceeding against Big Network ifthe relevant events occurred more than one year before Customer notifies Big Network of such events. Ifthis waiver is not enforceable under applicable law, then the normal statute of limitations in Customer’sarea will apply.

AGREEMENT TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION

Big Network’s goal is to resolve Disputes fairly and quickly. However, if Big Network cannot resolve a Dispute with Customer, then, except as described elsewhere in this Section, Big Network and Customer shall submit the Dispute to the American Arbitration Association for binding resolution under its Commercial Arbitration Rules or, by separate mutual agreement, to another arbitration institution.

The arbitration shall be conducted by a single arbitrator and held in New York City or such other location as Customer and Big Network may agree, and the laws of the State of New York shall apply. Each party shall be responsible for its own costs associated with the arbitration.

The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of New York, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND COMPANY, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF INA COURT BY A JUDGE OR JURY AND YOU AGREE THAT COMPANY AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. EXCEPT AS PROVIDED BELOW REGARDING THE CLASS ACTION WAIVER, SUCH DISPUTES INCLUDE, WITHOUT LIMITATION, DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION P ROVISION. ALL SUCH MATTERS SHALL BE DECIDED BY AN ARBITRATOR AND NOT BY A COURT OR JUDGE. HOWEVER, AS SET FORTH BELOW, THE PRECEDING ARBITRATION REQUIREMENT SHALL NOT APPLY TO DISPUTES TO THE EXTENT RELATING TO THE INTERPRETATION OR APPLICATION OF THE CLASS ACTION WAIVER BELOW, INCLUDING ITS ENFORCEABILITY, REVOCABILITY OR VALIDITY.

YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOUARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. Notwithstanding anything to the contrary in this Section or any other provision of this Agreement or in the American Arbitration Association’s Consumer Arbitration Rules, disputes regarding the enforceability, revocability orvalidity of the foregoing class action waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class, collective, or representative action, and (2) there is a final judicial determination that all or part of such class action waiver is unenforceable, then the class, collective, and/or representative action, to that extent, must be litigated in a civil court of competent jurisdiction, but the portion of such class action waiver that is enforceable shall be enforced in arbitration. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at www.adr.org. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

Notwithstanding any of the foregoing: (a) nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you; (b) each party may seek and obtain temporary injunctive relief in any court of competent jurisdiction; and (c) REGARDLESS OF WHETHER IN COURT OR IN ARBITRATION, CUSTOMER AND BIG NETWORK AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY.

TERM AND TERMINATION

  • Term. This Agreement is effective until terminated. This Agreement will automatically renew for successive renewal terms as set out in an Order Form (each, a “Renewal Term”), unless either Party provides the other Party with written notice of its intention not to renew no less than 30 daysprior to the end of the then current term or such other period as set out in an Order Form (collectively, the Initial Term and Renewal Term, the “Term”).
  • Termination for Convenience. Company may terminate or suspend your use of the Site at any time and for any reason without liability or penalty by providing at least 30 days advance written notice to Customer. Unless the Services are subject to a minimum term agreement pursuant to the Big Network services Customer signed up for, Customer may terminate this Agreement for any reason at any time by providing Big Network with at least 30 business days’ prior notice.
  • Termination for Cause. Either Party may terminate this Agreement, effective on written notice to the other Party, if the other Party breaches this Agreement, and such breach: (i) is incapable of being cured; or (ii) being capable of being cured, remains uncured for 30 days after the non-breaching Party provides the breaching Party with written notice of such breach.
  • Customer cannot terminate Services by writing 'canceled' or any other similar message on its invoice, check or any other payment method accepted by Big Network.
  • Transition. Upon termination of this Agreement, Customer shall (i) immediately cease all use of the Services, Equipment and Software; (ii) pay Big Network in full for Services provided up to thedate that the Customer Agreements have been terminated and the Services have been disconnected, including any early termination fees required by the Big Network services Customer signed up for; and (iii) if requested, provide Big Network with reasonable opportunity toschedule a visit to Customer’s location to disconnect the Services and recover the Equipment. The Equipment must be returned to Big Network in working order, normal wear and tear excepted, or Customer will be charged up to the retail price for a new replacement for such Equipment. Customer may also be charged incidental costs that Big Network incurs in replacing the Equipment.
  • Survival. The following Sections, together with any other provision of this Agreement which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of this Agreement, will survive expiration ortermination of this Agreement for any reason: Section 7 (Fees and Payment), Section 9 (Confidential Information), Section 10 (Warranty; Disclaimer), Section 12 (Limitation of Liabilities),Section 13(e) (Survival), and Section 14 (General Provisions).

GENERAL PROVISIONS

  • Export Restrictions. Customer agrees not to directly or indirectly export, re-export or import all or any portion of Big Network Services without first obtaining all required licenses, permits and permissions. Big Network makes no representation or warranty that Big Network Services may beexported without Customer first obtaining appropriate licenses or permits under Applicable Law, or that any such license or permit has been, will be, or can be obtained.
  • Force Majeure. Neither Party will be liable for delays caused by any event or circumstances beyond that Party’s reasonable control, including acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems (other than those involving that Party’s employees), Internet service failures or delays, or the unavailability or Modification by third parties of telecommunications or hosting infrastructure or third party websites (“Force Majeure”).
  • Severability. Any provision of this Agreement found by a tribunal or court of competent jurisdictionto be invalid, illegal or unenforceable will be severed from this Agreement and all other provisionsof this Agreement will remain in full force and effect.
  • Waiver. A waiver of any provision of this Agreement will be in writing and a waiver in one instancewill not preclude enforcement of such provision on other occasions.
  • Independent Contractors. Big Network’s relationship to Customer is that of an independent contractor, and neither Party is an agent or partner of the other. Neither Party will have, and neither Party will represent to any third party that it has, any authority to act on behalf of the other Party.
  • Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter of this Agreement and supersedes all prior or contemporaneous agreements, representations or other communications between the Parties, whether written or oral.

DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) BIG NETWORK SERVICES AND ANY PRODUCTS AND THIRD PARTY SERVICES ARE MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY; AND (B) COMPANY DISCLAIMS ALL WARRANTIES WITH RESPECT TO BIG NETWORK SERVICES AND ANY PRODUCTS AND THIRD PARTY SERVICES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH COMPANY AND ITS PARTNERS AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

THE RIGHTS OF THIRD PARTIES

Except with Big Network’s prior written consent, Customer shall not transfer or assign to any other person(in other words, make another person legally responsible for) the Services, Equipment, or Software orCustomer’s obligation to comply with the Customer Agreements. Big Network may use contractors to assist it in providing Big Network Services. With Big Network’sauthorization, these contractors are intended to, and do, have the same rights that Big Network hasunder the Customer Agreements. Other than contractors referenced in this Section, the CustomerAgreements are not intended to benefit (in other words, to create any rights or obligations for) anyoneother than Big Network and Customer.

APPLE APP STORE ADDITIONAL LICENSE TERMS

If the Big Network Software is provided to Customer through the Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) App Store, the following terms and conditions apply to Customer in addition to all the other terms and conditions of this Agreement:

  • This Agreement are concluded between the Parties, and not with Apple. Apple is not responsible for Big Network Software and content thereof is governed by this Agreement.
  • Notwithstanding anything to the contrary hereunder, Customer may use Big Network Software only on a Macbook, iPhone, iPad, or iPod touch that Customer owns or controls.
  • The Parties acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to Big Network Software.
  • Any claim in connection with Big Network Software related to product liability, a failure to conform to applicable legal or regulatory requirements, or claims under consumer protection or similar legislation is governed by this Agreement, and Apple is not responsible for such claim.
  • Any third party claim that Big Network Software or Customer’s possession and use of BigNetwork Software infringes that third party’s Intellectual Property Rights will be governed by this Agreement, and Apple will not be responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim.
  • Customer represent and warrant that Customer are not: (i) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or (ii) listed on any U.S. Government list of prohibited or restricted parties.
  • Apple is a third party beneficiary to this Agreement and may enforce this Agreement against Customer.
  • If any of the terms and conditions in this Agreement are inconsistent or in conflict with Apple’s applicable instructions for Minimum Terms for Developer’s End User License Agreement, located at
    http://www.apple.com/legal/internet-services/itunes/appstore/dev/minterms/(the “Apple EULA Terms”) or the App Store Terms and Conditions, located at http://www.apple.com/legal/internet-services/itunes/ca/terms.html (the “Apple App Store Terms”) as of the Effective Date, the terms and conditions of the Apple EULA Terms or Apple App Store Terms, as applicable, will apply to the extent of such inconsistency or conflict.

GOOGLE PLAY ADDITIONAL LICENSE TERMS

If Big Network Software is provided to Customer through the Google Inc. (Google Inc. together with all of its affiliates, “Google”) Google Play, the following terms and conditions apply to Customer in addition to all the other terms and conditions of this Agreement:

  • Customer acknowledges that Google is not responsible for providing support services for Big Network Software; and
  • if any of the terms and conditions in this Agreement are inconsistent or in conflict with Google’s Google Play Developer Distribution Agreement located at https://play.google.com/about/developer-distribution-agreement.html (the “Google EULA Terms”) as of the Effective Date, the terms and conditions of Google EULA Terms will apply to the extent of such inconsistency or conflict.

CONFLICTS BETWEEN APPLICABLE LAW AND THE CUSTOMER AGREEMENTS

The Customer Agreements are subject to applicable legal requirements, including possibly such lawsthat apply where Customer lives or receives the Services. If such a requirement conflicts with theCustomer Agreements with respect to the Services provided to Customer, the legal requirement will takepriority over the part of the Customer Agreements with which it conflicts, but only to the extent of suchconflict.

If a court or similar body determines that a portion of a Customer Agreement is invalid or unenforceable,the rest of the agreement shall remain in full force and effect. The invalid or unenforceable portion shouldbe interpreted as closely as possible (consistent with applicable law) so as to reflect the intent of theoriginal. The only exception to this is that described in the Arbitration section.

CONFLICTS BETWEEN CUSTOMER AGREEMENTS

The Customer Agreements constitute the entire agreement between Big Network and Customer. In theevent of a conflict between the terms of this Agreement, the Acceptable Use Policy, and the PrivacyPolicy, the following documents shall control in the following order of precedence: (i) the Privacy Policy;(ii) the Acceptable Use Policy; adn (iii) the terms of this Agreement.

CUSTOMER PRIVACY

Customer understands that Personal Information, including the Personal Information of Permitted Users, will be treated in accordance with Big Networks privacy policy located at https://www.bignetwork.com/privacy-policy (the “Privacy Policy”).

CUSTOMER CONSENT TO PHONE AND EMAIL CONTACT

Customer hereby consents that Big Network may email or text Customer using any address provided toBig Network (or that is issued to Customer) for any purpose, including marketing of the Services.Customer is responsible for any related charges (for example, charges for incoming text messages on awireless device). If Customer requests that its email address be removed from Big Network’s list (byrequesting it be placed on Big Network’s “do not email” list by contacting Big Network during normalbusiness hours), then Big Network will not use said number for marketing purposes.

Customer hereby consents that Big Network may call any number provided to Big Network for anypurpose, including marketing the Services, even if such numbers are included on state or federal “do notcall” lists. If Customer requests that its number be removed from Big Network’s call list (by requesting itbe placed on Big Network’s “do not call” list by contacting Big Network during normal business hours),then Big Network will not use said number for marketing purposes.

CUSTOMER CONSENT TO USE ELECTRONIC NOTICES AND COMMUNICATIONS

Customer hereby consents that Big Network may provide notices using any method Big Network determines appropriate, including by electronic means (for example, email, in App or online posting). Big Network may ask Customer to provide consents or authorizations, including by electronic means, andBig Network is entitled to assume that any such consent or authorization received from Customer throughthe Services or from Customer’s location has been authorized by Customer.

INFORMATION OR COMPLAINTS

If you have questions or complaints regarding Big Network, Big Network’s Site or Services, or require assistance in managing your choices, please contact us at via email at legal@bignetwork.com, or write us at: Big Network, Inc. 1916 Pike Place, Suite 12, Seattle WA 98101, ATTN: T&C.