Terms of Service
BY USING THIS WEB SITE, YOU ARE ACCEPTING THE TERMS OF THIS AGREEMENT.
THE FOLLOWING CONSTITUTES THE ENTIRE UNDERSTANDING BETWEEN BIGDISCOUNTTRAINS (the "Company") AND YOU, A WEBSITE CLIENT PARTICIPANT (the "Customer")
- LICENSE TO USE. The Company grants to the Customer a non-exclusive and non-transferable license to place binary data, files, and other materials onto the Company's web server without cost.
- TERMINATION OF SERVICE. Web site hosting services can be terminated or temporarily interrupted at the sole discretion of the Company.
- OWNERSHIP OF ELECTRONIC MATERIALS. All web pages, databases, images, artwork or other binary material residing inside the home directory of a Customer's web site that the Customer has placed there will always remain the property of the Customer. All web pages, databases, images, artwork or other binary material residing inside the home directory of a Customer's web site produced by the Company for which payment has been received will be the property of the Customer. All web pages, databases, images, artwork or other binary material residing inside the home directory of a Customer's web site produced by the Company for which payment has NOT been received will be the property of the Company until such payment is received. All specialized or customized programs and scripts will always remain the intellectual property of Rodney Recor and cannot be copied, duplicated, or exported to any other internet website hosting service without express written permission from Rodney Recor.
- RESTRICTIONS. The Customer will not place offensive, obscene, unlawful, or pornographic materials onto the Customer's web site or onto the Company's web server at any time.
- DATA SECURITY. The Company is not responsible for the integrity of your web pages, databases, images, artwork, or any other binary data or materials placed on the Company's web server. The Company will not backup or archive the Customer's web site materials. It is the responsibility of the Customer to maintain a secure "mirror" of these materials and to backup and protect data according to the Customer's requirements.
- SERVICE FAILURE. The Customer understands that the internet is comprised of a vast network of computers, switchers, routers, power supplies, cables, connectors, wires, software and other equipment and devices both owned by the company and under the control of the Company and owned by other entities not under the control or influence of the Company and that continuous service cannot be guaranteed. In the event of service failure the Company will make every effort in good faith to restore service in a timely manner to the extent that such repair is under its influence and control. In no situation will the Company be liable in any way to the Customer as a result of loss of service due to equipment failure, power failure, incompetence, neglect, or any other reason.
- MAINTENANCE AND DOWN TIME. The server may be offline and the Customer's web site can be expected to be unavailable during brief periods of software modification and server maintenance. These periods of software modification and server maintenance will usually occur between 19:00hr and 24:00hr GMT (EST plus 5 hours).
- LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL THE COMPANY OR ITS OFFICERS OR ITS EMPLOYEES BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE WEB SERVER, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In no event will the Company's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for one month's hosting fees under this Agreement. The foregoing limitations will apply even if these terms and conditions fail of its essential purpose.
- GOVERNING LAW. Any action related to this Agreement will be governed by New Jersey law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
- INTEGRATION. This Agreement is the entire agreement between the Customer and the Company relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between any parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
For inquiries please contact: Ronald Boscia, 120 DeWolf Road, Old Tappan, New Jersey 07675 - (210) 768-1949. A updated copy of these Terms of Service will always be available online at www.bigdiscounttrains.com.
USE OF YOUR WEB SITE INDICATES YOUR ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF SERVICE, YOU MAY NOT CONTINUE TO USE THIS WEB SITE SERVICE FOR YOUR WEB SITE ACTIVITY.