Big Network, Inc. (“Big Network” or “Company”) provides private network access, software enabling private 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 the organization 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 the account. These Customer Agreements contain important information regarding Customers’ rights and responsibilities.
(this document, referred to herein as the “Agreement”).Contains the general terms and conditions governing, and related information about, the Services and Customer’s use of the Services, including Big Networks policies relating to billing customer service and billing.
Explains the information and data that Big Network collects from or about its Customers, and how Big Network stores and uses such information.
THIS AGREEMENT CONTAINS A MANDATORY BINDING ARBITRATION PROVISION WHICH STATES THAT CUSTOMER AND Big Network AGREE TO RESOLVE DISPUTES THROUGH ARBITRATION. THE ARBITRATION PROVISION REQUIRES THAT DISPUTES BE RESOLVED IN INDIVIDUAL ARBITRATIONS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
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 some non-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, in whole or in part, to any person, geographic area or jurisdiction that Company chooses.
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 excluding Customer 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.
“including" or "include(s)” means inclusion without limitation.
“Organization” means the logical grouping of Customer created Private Networks, Customer User Account, any additional User Accounts added by Customer Customer’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.
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.
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.
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.
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:
Upon customer request and subject to proper authentication, we will disclose account information to third parties. Please call 1-833-BIG-NETWORK (1-833-244-6389) to reach our customer service team regarding this.
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.
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.
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.
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.
Big Network Services provide unfiltered access to Customer networks and in some cases, the Internet and will provide access to some material that may offend Customer or be inappropriate for members of Customer’s household. Customer is responsible to control access to these materials and for who views such materials via the Services. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available fromhttps://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.
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 the Website. 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 relevant document.
If Customer continues to use the Services following any change to the Customer Agreements, prices or other policies, Customer will be deemed to have accepted the changes (in other words, made them legally binding). If Customer does not agree to the changes, then Customer shall discontinue use the Services and contact Big Network to cancel the Services.
Any changes to the Customer Agreements are intended to be prospective only. In other words, the amended version of the relevant document only becomes binding on Customer as of the date that BigNetwork makes the change and going forward.
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 use any Equipment or Software) without prior notice.
Big Network does not waive (in other words, give up) any rights under the Customer Agreements just because Big Network has not previously enforced such rights. To be legally binding on Big Network, any waiver Big Network grants must be in writing. If Big Network waives a violation of any Customer Agreement, it does not mean that Big Network is waiving other rights, including for similar, earlier or later violations.
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 PRECEDING THE 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.
Customer waives (in other words, gives up) the right to commence any proceeding against Big Network if the relevant events occurred more than one year before Customer notifies Big Network of such events. If this waiver is not enforceable under applicable law, then the normal statute of limitations in Customer’sarea will apply.
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.
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.
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 Customer Agreements are not intended to benefit (in other words, to create any rights or obligations for) anyoneother than Big Network and Customer.
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:
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:
The Customer Agreements are subject to applicable legal requirements, including possibly such laws that apply where Customer lives or receives the Services. If such a requirement conflicts with the Customer Agreements with respect to the Services provided to Customer, the legal requirement will take priority over the part of the Customer Agreements with which it conflicts, but only to the extent of such conflict.
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 should be interpreted as closely as possible (consistent with applicable law) so as to reflect the intent of theo riginal. The only exception to this is that described in the Arbitration section.
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 a wireless device). If Customer requests that its email address be removed from Big Network’s list (by requesting it be placed on Big Network’s “do not email” list by contacting Big Network during normal business 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 any purpose, including marketing the Services, even if such numbers are included on state or federal “do not call” lists. If Customer requests that its number be removed from Big Network’s call list (by requesting it be 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 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, and Big Network is entitled to assume that any such consent or authorization received from Customer through the Services or from Customer’s location has been authorized by Customer.
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 firstname.lastname@example.org, or call us at +1-866-700-0010, or write us at: Big Network, Inc. 1916 Pike Place, Suite 12, Seattle WA 98101, ATTN: T&C.