Please review these guidelines that govern your account with BigSky Software LLC
BigSky Software LLC: Terms and Conditions
1. The services (the "BIGSKY services") provided to you by BigSky Software LLC. ("BIGSKY") are subject to these Terms and Conditions. These Terms and Conditions set forth the entire agreement between BIGSKY and you with regard to the BIGSKY services. If any of these Terms and Conditions are unacceptable to you, you may terminate your account as provided in section 13 below. Your use of BIGSKY services shall be conclusively deemed acceptance of these Terms and Conditions by you.
2. YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD. You are fully responsible for how your account is used and all activities conducted through your account. You may allow others to occasionally use it, but you are fully responsible for what they do.
3. You shall pay for the BIGSKY services according to the BIGSKY billing policies then in effect. The BIGSKY billing policies are as follows: BIGSKY bills using terms of Due Upon Receipt. This is in keeping with general industry practice and consitutes our internal payment processing procedures aimed at providing you good customer service.
Payment will only be accepted in U.S. dollars. If BIGSKY does not receive your payment within 30 days of the due date, your account may be terminated. Termination of your account does not remove your responsibility to pay all fees incurred up to the date the account was canceled including any attorney fees and collection fees incurred by BIGSKY to collect such payment. You are responsible for providing all modems, telephone lines, personal computer and other equipment necessary to use the BIGSKY service and for payment of all telephone charges you incur in connecting to BIGSKY. If you use another organization's networks or computing resources, you are subject to their respective permission and usage policies. You agree to notify BIGSKY of any changes in your account information, such as your address or telephone number.
4. ALL USE OF THE BIGSKY SERVICES AND THE Internet IS AT YOUR SOLE RISK. THE BIGSKY SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. You release BIGSKY from and BIGSKY shall have no liability or responsibility for any direct, indirect, incidental or consequential damages suffered by you in connection with your use of or inability to use the BIGSKY services including, but not limited to, loss of data from delays, non-deliveries, mis-deliveries, or service interruptions unless the same is caused by BIGSKY's negligence or the negligence of BIGSKY's Internet access provider. Without limiting the generality of the foregoing, BIGSKY disclaims any responsibility for (and under no circumstances shall be liable for) any conduct, content, goods and services available on or through the Internet or the BIGSKY services. In no event shall BIGSKY's aggregate liability exceed the amount paid by you to BIGSKY for the BIGSKY services. Some states do not allow the exclusion or limitation of liability, and in such states BIGSKY's liability is limited to the full extent permitted by law. Use of any information obtained via the BIGSKY service is at your own risk. BIGSKY shall have no responsibility for the accuracy or quality of information obtained through any BIGSKY services.
5. BIGSKY's services may only be used for lawful purposes. Reproduction or transmission of any material in violation of any local, state, U.S., or international law or regulation is prohibited. This includes, but it not limited to: reproduction or transmission of copyright or trademarked material without the permission of the owner, transmission of threatening, lewd, lascivious, indecent or obscene material, transmission of material protected by trade secret or using your account to make, create, solicit or transmit any obscene or indecent material to or from any person under eighteen (18) years of age. You shall defend, indemnify and hold harmless BIGSKY from and against any claims, liabilities and expenses, including attorneys fees, resulting from your use of the BIGSKY service or your account in an unlawful manner or otherwise in violation of the Terms and Conditions. At BIGSKY's discretion, BIGSKY may revoke your access to BIGSKY services or account for inappropriate usage.
6. These Terms and Conditions are subject to change by BIGSKY from time to time effective ten (10) days after the new Terms and Conditions are published by BIGSKY at www.bigskysoft.com. A current copy will also be available from BIGSKY customer service. If any new Terms and Conditions are unacceptable to you, you may terminate your account by giving written notice of termination to BIGSKY as provided in Section 13 below. Continued usage of your account after new Terms and Conditions have gone into effect constitutes acceptance of those new Terms and Conditions.
7. All use of BIGSKY services is subject to the specifications and guidelines associated with each service. BIGSKY service specifications can be obtained by contacting a BigSky Software LLC service representative.
8. Any network address assignments issued by BIGSKY (i.e., Class C address space) are the property of BIGSKY and are considered to be "loaned" to its customers. In the event service with BIGSKY is discontinued for any reason, such addresses will revert to BIGSKY.
9. All BIGSKY services are for end-user use only and may not be resold to third parties without a separate reseller agreement on file with BIGSKY.
10. BIGSKY may list your e-mail information in relevant Internet directories, such as InterNIC, WAIS or X.500 services.
11. BIGSKY reserves the right to cancel the BIGSKY service at any time and for any reason and to reimburse you any unused fees where appropriate on a pro-rata basis.
12. Some of the information available on BIGSKY systems is protected by copyright. Unless you have permission from the copyright holder, you shall not redistribute this information to others, including use of this information on radio, television, or in printed media such as newspapers, magazines or newsletters.
13. You may cancel your account at any time by providing written notice to BIGSKY. You will still be responsible for any fees incurred up to the date of termination of the services. BIGSKY will reimburse you for any unused fees where appropriate on a pro-rata basis. The mailing address is:
BigSky Software LLC
9804 Coronado Drivee
Pasco, WA 99301
14. These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order or payment submitted. These terms and Conditions shall be governed by the laws of the state of Washington, without reference to its choice of law principles.
