Terms of Service

Fees and Pricing

Please refer to our designs and pricing page for current prices and monthly fees.

Refunds and Cancellations

BIG Folio is a pay-as-you-go service. A complete refund is available within the first 30 days of your purchase, for any reason. You may cancel the service at any time, but you are responsible for all charges already incurred should you cancel after 30 days from the date of purchase.

Upgrades and Downgrades

You may upgrade or downgrade your account and site design at any time. When upgrading to a more expensive design/plan, you will be billed for the difference in setup fees at the time of your original purchase.

Content

All services provided by BIG Folio may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secrete and other statue. The subscriber agrees to indemnify and hold harmless BIG Folio from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography and sex-related merchandising are prohibited on any BIG Folio server. This is also true for sites that promote any illegal activity or content that may be damaging to BIG Folio servers or any other server on the internet. Links to such materials are also prohibited. This policy is in effect because of the excessive load this material puts on our servers and bandwidth, and the legal ramifications of such sites.

BIG Folio shall be the sole arbiter as to what constitutes a violation of this provision. Any accounts found in violation of this policy will be cancelled.

Nudity

We are aware that portraits, wedding images, and stock photography may contain nudity or other content which–while not considered pornography–is not suitable for children. Because BIG Folio must remain a safe service for families with children, you may be asked to password-protect and provide a disclaimer for websites which contain such content.

Limitation of Liability

You expressly understand and agree that BIG Folio shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if BIG Folio has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

You expressly understand and agree that BIG Folio shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to errors in automatic credit card debits performed by our 3rd party billing services.

The information and materials contained on this web site have been compiled from a variety of sources and, as such, are subject to change without notice. In no event will BIG Folio be liable for any damages, whether direct, indirect, general, consequential, incidental, exemplary or special, arising from the use of information provided on this server or through links to any other servers. Communications to BIG Folio via this web site shall in no way be deemed to constitute legal or official notice to BIG Folio, its agencies, officers, employees, representatives or agents with respect to any existing, pending or future claim or cause of action against BIG Folio or any of its agencies, officers, employees, representatives or agents where notice is required by Federal, State or local law. Nor shall communications to BIG Folio via this web site be deemed to constitute legal or official notice for any other purpose.

Indemnity

Site Owner agrees to indemnify and hold harmless the BIG Folio, and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of Site Owners conduct, Site Owners use of the Service, the goods or services offered at Site Owners Site, any alleged violation of the agreement, or any alleged violation of any rights of another, including but not limited to Site Owners use of any content, trademarks, service marks, trade names, copyrighted or patented material, or other intellectual property used in connection with Site Owners Site. The Service Provider reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Site Owner, but doing so shall not excuse Site Owners indemnity obligations.

Privacy

Site Owner Information. The Service maintains information about Site Owner and the Site it’s servers, including but not limited to Site Owners account registration information, Site Owner’s customer order information, sales information, and clickstream data (“Site Owner Information”). Site Owner agrees that The Service Provider may use Site Owner Information in aggregate form for marketing or other promotional purposes.

Site Owner agrees that the Service Provider may disclose Site Owner Information in the good faith belief that such action is reasonably necessary: (a) to comply with the law; (b) to comply with legal process; (c) to enforce the agreement; (d) to respond to claims that the Site Owner or Site is engaged in activities that violate the rights of third parties; or (e) to protect the rights or interests of the Service Provider, BIG Folio or others; provided, however, that nothing in this section shall impose a duty on the Service Provider to make any such disclosures.

Site Owner agrees that the Service Provider may delete customer credit card information from its servers 14 days after Site Owner retrieves such information, and may delete all other Site Owner Information from the Service providers servers 30 days after Site Owner closing account.

Password. Site Owner shall receive a password from The Service Provider to provide access to and use of the Software and BIG Folio service. Site Owner is entirely responsible for any and all activities which occur under Site Owners account and password. Site Owner agrees to keep its password confidential, to allow no other person or company to use its account, and to notify the Service promptly if Site Owner has any reason to believe that the security of its account has been compromised.

Technical Access. Site Owner acknowledges and agrees that technical processing of Site Owner Information is and may be required: (a) for the Service to function; (b) to conform to the technical requirements of connecting networks; (c) to conform to the technical requirements of the Service; or (d) to conform to other, similar technical requirements. Site Owner also acknowledges and agrees that The Service Provider may access Site Owner’s account and its contents as necessary to identify or resolve technical problems or respond to complaints about the Service.