Service

By visiting this Web site and/or using or purchasing goods and/or services from or through this Web site, you agree to be subject to the terms and conditions set forth herein and all applicable laws. We reserve the right to revise these terms and conditions and any product offerings or pricing at any time.

This offer is expressly conditioned upon your acceptance of these Terms of Service ("Terms"). Your use of or access to services provided by Naples-Digital-Services.com constitutes your Agreement to these Terms, as in effect from time to time. This offer and your acceptance thereof represents the entire agreement between you and Big Guy Enterprises, Inc., and supersedes any and all other communications, prior, contemporaneous or subsequent, and any course of performance or course of dealing, except as modified by revisions of this posting by Big Guy Enterprises, Inc. or by written agreement by an authorized officer of Big Guy Enterprises, Inc. (provided, however, that any such revised posting shall take effect prospectively from the date of the posting.) The Terms and the relationship between you and Big Guy Enterprises, Inc. shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts, United States of America, without reference to its principles of conflicts of law. Big Guy Enterprises, Inc. reserves the right to send notices to its customers of changes to the Big Guy Enterprises, Inc. Privacy Statement or these Terms of Service, or of any material changes affecting their service.

It is your responsibility to keep Big Guy Enterprises, Inc. notified of any changes to your e-mail address or other contact information to assure that customers receive all such notices from Big Guy Enterprises, Inc.. Billing and contact information can be updated directly through the Big Guy Enterprises, Inc. Control Panel or by contacting Big Guy Enterprises, Inc.'s Support department at jkutay@naples-Digital-Services.com.

Customers are responsible for keeping billing information up to date. Big Guy Enterprises, Inc. reserves the right to suspend an account if, for any reason, we are not able to process payment through the credit card or payment is outstanding. You can review and correct information through the "Edit Billing Details " link in the Control Panel.

Minimum Monthly Requirement

Customers of our Service are required to spend a minimum of $49 per month. Customers that do not meet this minimum requirement will be charged an additional fee to reach this minimum requirement.

Refund and Cancellation Policy

Unless specifically noted otherwise for the service that you signed up for, you are free to cancel your service at any time.

If you purchase a service that includes a 30-day trial, you are allowed to make full use of the service after signup. If you decide to cancel within 30 days of your signup date by sending an e-mail to jkutay@naples-Digital-Services.com, then you will not be charged any setup or recurring fees. However, if you do not cancel during this 30-day trial period, then you will be obligated to pay all fees that you have incurred from the signup date until your cancellation date.

If you purchases a service that includes a 30-day money-back guarantee, Big Guy Enterprises, Inc. will refund all monthly fees previously paid by you upon your request. The 30-day money-back guarantee refers to credit-card payments only. Due to the costs associated with processing payments made by check and Western Union, we are not able to offer the 30-day money-back guarantee for customers who utilize these payment methods.

Set-up fees, fees for products not included in your service - such as domain names - and monthly charges incurred after the first 30 days are not refundable.

If you select the quarterly or annual payment option and choose to cancel your account, after the first 30 days you may be eligible for a partial refund. Big Guy Enterprises, Inc. will charge you the current monthly rate for the months you were a customer and refund any balance. Your refund will generally be made in the same form of payment you choose to use when paying for your service (e.g., credit card, check or Western Union).

The terms and conditions, Terms of Service, product offerings and pricing are subject to change at any time, without notice

User Data

Pursuant to Big Guy Enterprises, Inc.'s Privacy Statement, Big Guy Enterprises, Inc. may disclose to third parties certain aggregate information contained in your Registration Data or related data, provided that, such information will NOT include personally identifying information, except as specifically authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, to enforce the Terms, or under any of the other circumstances set forth in the Big Guy Enterprises, Inc. privacy policy, as may be amended from time to time.

Big Guy Enterprises, Inc. Service and Content

Big Guy Enterprises, Inc. services may only be used for lawful purposes. Transmission or solicitation of any material that violates United States Federal, State or other laws that may apply in this jurisdiction or your local area is prohibited. This may include material that is obscene, threatening, harassing, or libelous, promotes gambling, or is in any way a violation of intellectual property laws. No material may be stored on or transmitted through any servers hosted by Big Guy Enterprises, Inc. that would commonly be considered "indecent" or "appealing to the prurient interest" also commonly referred to as "adult" material, nor will any links to such Web sites be tolerated within the content hosted by Big Guy Enterprises, Inc..

Reseller Program

Resellers who sign up clients to become customers of Big Guy Enterprises, Inc. are subject to the following additional terms: By signing up a customer to Big Guy Enterprises, Inc., the Reseller agrees both on behalf of such reseller and on behalf of each customer signed up by such reseller, to Big Guy Enterprises, Inc. Terms of Service as in effect from time to time. In the event any customer site is determined by Big Guy Enterprises, Inc. to be in violation of these Terms of Service, Reseller shall upon receipt of notice from Big Guy Enterprises, Inc. to such effect, take prompt steps to remedy such situation, so that the site is in full compliance with these terms of Service as determined by Big Guy Enterprises, Inc..

Big Guy Enterprises, Inc. is not responsible for the actions, or misrepresentations of resellers. Reseller hereby agrees to indemnify Big Guy Enterprises, Inc. from and against any and all claims made by any such customer which result from Reseller's misrepresentation, breach of these Terms of Service or other improper actions of such reseller. Big Guy Enterprises, Inc. reserves the right to revise its reseller program and these Terms of Service at any time. Changes shall take effect when posted to this site by Big Guy Enterprises, Inc..

Customers who have been signed up by such resellers hereby agree to operate their web sites in accordance with these Terms of Service as in effect from time to time.

Reseller assumes all responsibility for the billing and technical support for each customer signed up by such reseller. Big Guy Enterprises, Inc. reserves the right to refuse any inquiry made to technical support by each customer signed up by any reseller.

Spam Policy

Sending unsolicited commercial or bulk e-mail or any other method of distributing electronic messages to recipients who have not requested them, otherwise known as "spam" from our servers, or sending such e-mail with a Big Guy Enterprises, Inc.-hosted Web site listed as the contact address, or any use of Big Guy Enterprises, Inc.'s services or systems associated in any way with such mailings is strictly forbidden. Big Guy Enterprises, Inc. will immediately terminate, without any warning, the account of any customer who conducts these activities. Big Guy Enterprises, Inc. also reserves the right to remove customers who send mass/spam news postings, as well as any accounts advertising or distributing software or services that may contribute to news or e-mail spamming. When a complaint is received, Big Guy Enterprises, Inc. has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list. Big Guy Enterprises, Inc. reserves the right to report such violations to the proper government authorities, as well as Internet service providers, and Internet control organizations. To report spam, please forward the spam with all original headers to abuse@Naples-Digital-Services.com.

It is a violation of these Terms for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. A determination of such misuse or fraudulent use shall be in Big Guy Enterprises, Inc.'s sole discretion. Further, Big Guy Enterprises, Inc. shall report, and you shall waive all rights to privacy, to the extent permitted by law, all such misuses and fraudulent uses as determined by Big Guy Enterprises, Inc. in its sole discretion to appropriate government authorities, credit reporting services, financial institutions and credit card companies.

It is a violation of these Terms for you to attempt to breach or to breach the security or firewall systems of Big Guy Enterprises, Inc., its Internet access provider, or its Affiliates. If you become aware of such an attempt to breach or actual breach, please notify us at abuse@Naples-Digital-Services.com. Complaints may be investigated by Big Guy Enterprises, Inc. but Big Guy Enterprises, Inc. is under no obligation to act or not act with regards to any complaint. Any action taken on a complaint will be at the sole discretion of Big Guy Enterprises, Inc.. Notice of attempts to breach or actual breaches of such security or firewall systems should be directed to: jkutay@naples-Digital-Services.com.

TERMINATION

Big Guy Enterprises, Inc. may terminate this agreement and your access to any or all Services at any time, with or without cause, effective immediately. Big Guy Enterprises, Inc. shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. Anyone determined by Big Guy Enterprises, Inc. to have violated these Terms of Service may be barred from receiving any services from Big Guy Enterprises, Inc..

You may terminate this Agreement at any time by way of the follow process: 1) send an email to jkutay@naples-Digital-Services.com to request a cancellation form to which we will respond with the form within one business day, and 2) fill out the cancellation form and send it back to us. Once we receive your completed cancellation form, we will cancel all Services and such date will be considered the date of termination.

Termination, by us or you, does not release you of any past or current fees owed for Services rendered through the date of termination.

LIABILITY LIMITATION

YOU AGREE THAT ALL ACCESS AND USE OF Big Guy Enterprises, Inc. AND THE CONTENT THEREOF IS AT YOUR OWN RISK. IN NO EVENT SHALL Big Guy Enterprises, Inc. BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO ACCESS OR USE (i) Naples-Digital-Services.com AND/OR ITS CONTENT, (ii) ANY TOOLS OR SERVICES ON Naples-Digital-Services.com, (iii) ANY CUSTOMER CONTENT ON Big Guy Enterprises, Inc.'S SERVERS, OR OUT OF ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEB SITE, SITE-RELATED SERVICES, PRODUCTS, AND/OR CONTENT CONTAINED WITHIN THE WEB SITE, OR WITH THE EXTENT TO WHICH SUCH WEBSITES ARE "UP" OR ARE AVAILABLE FOR ACCESS BY YOU OR OTHER USERS OF THE INTERNET, IS TO STOP USING Big Guy Enterprises, Inc..

WARRANTY LIMITATION

Big Guy Enterprises, Inc. AND ITS CONTENT ARE PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. ALL REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT PARTICULAR LIMITATION TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL CUSTOMERS ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCT AND/OR SERVICE AVAILABLE THROUGH Big Guy Enterprises, Inc. IS PROVIDED SOLELY BY THE OWNER, ADVERTISER, OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY Big Guy Enterprises, Inc..

Severability

If any provision of these Terms should, for any reason, be held invalid or unenforceable in any respect, the remainder of these Terms shall be enforced to the full extent permitted by law. A court of competent jurisdiction is hereby empowered to modify the invalid or unenforceable provision to make it valid and enforceable.

Waiver Of Jury Trial

Both you and Big Guy Enterprises, Inc. hereby agree to waive all respective rights to a jury trial of any claim or cause of action related to or arising out of these Terms. The scope of the waiver is intended to be all encompassing of any and all disputes that may be filed in any court and that relate to the subject matter herein, including without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims. You and Big Guy Enterprises, Inc. each acknowledge that the waiver is a material inducement for each party to enter into a business relationship, that each party has already relied on the waiver in entering into these Terms and that each will continue to rely on the waiver in their related future dealings. Each party further warrants and represents that each has had the opportunity to have legal counsel review the waiver. The waiver is irrevocable, meaning that it may not be modified either orally or in writing, and the waiver shall apply to any subsequent amendments, renewals, supplements or modifications to these Terms. In the event of litigation, these Terms may be filed as written consent to a trial by court.

Miscellaneous

These Terms shall bind and benefit the successors and heirs of the parties.

By visiting this Web site and/or using or purchasing goods and/or services from or through this Web site, you consent to the federal and state court of the Commonwealth of Massachusetts having jurisdiction over you.