By purchasing and/or using our services, you agree to the term and conditions below agree to be bound by them.
GigaHostingServices.com reserves the right to add, delete or modify any provision of this policy at any time without notice. You agree to be bound by any changes GigaHostingServices may reasonably make to this agreement when such changes are made. If you have purchased services or software from us, the term of this agreement shall continue in full force and effect as long as you take advantage of and use the software or services that we provide.
If for any reason you are unhappy with the services you receive from GigaHostingServices.com during the first 60 days of service, you may request in writing via email that your services be discontinued at which time you will receive a full refund. You must also state a detailed reason as to why you are cancelling (as we request for any cancellation, no matter the time frame). We are the sole arbiter as to if your reason is a valid reason and if all possible steps were taken on your side and on ours to correct the situation causing the interest to cancel.
All new web hosting accounts purchased are set up within one (1) business day by our account administrators. You will receive two (2) email messages including login details after your purchase. Due to unforeseen complications with various mail servers and any connection problems between your ISP and GigaHostingServices, this process may sometimes be delayed.
In order for your domain name to point to the GigaHostingServices server your new account is located on, you must change your DNS (Domain Name Servers) at your registrar. These DNS are located in your welcome email and they are defined in a pair (primary- ns*.dizinc.com and secondary- ns*.dizinc.com). Please note: Our DNS are unique to each server so if you sign up and then a few months later open another account, you will not be using the same DNS as before.
Please be aware that the above process is not the same as a domain transfer. A domain transfer is if you want to physically transfer your domain away from your original registrar.
Clients are responsible for keeping their domain names current. GigaHostingServices does not take responsibility for failing to renew domain names. You must check and take appropriate actions to renew a domain that is about to expire. If you have any questions at all about DNS changes or domain names in general, please contact us by e-mail.
GigaHostingServices believes in freedom of speech; however, any content (written, visual, or implied) in the following areas will not be tolerated and is grounds for immediate suspension of service (in most cases customer will be allowed a zip file of their account): racism or prejudice due to color, creed, or belief; any violent/malicious/obscene content written, visual or implied. We will not tolerate any type of hate site including terrorist related websites on our network. If we receive notice that there is such a hate site hosted within our network, the customer hosting the material will be notified immediately. They are required to remove the content within a certain timeframe or will face account suspension and/or termination.
We prefer that you self-govern your content and remain responsible and all-knowing of what your website publically provides. Even if other users have access to your account, you are responsible for their actions. The resources and time needed to govern our servers by checking each website individualy, which have growing and evolving content, is impossible. However, if GigaHostingServices is made aware of any questionable content on a site we host, we will address the concerns immediately and directly with you to seek an amiable resolution. If any person contacts us about content they have found on a GigaHostingServices server that infringes their copyrights of their own material and that they wish to have removed, we require a proper DMCA notice to begin investigation.
GigaHostingServices makes no endorsement, claims, or promises regarding the services offered by our customers and will not be held liable for any disputes or claims against said customers. In no event shall GigaHostingServices be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of a customer web site or from any information, services or products provided through a customer web site. If there is questionable content on any server in our network, we will not take any action against any material or action until the website is brought to our attention.
As consideration for the software or services purchased by you and provided to you by GigaHostingServices, you agree to pay GigaHostingServices at the time you order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if your services are suspended, terminated, or transferred prior to the end of the services term. GigaHostingServices expressly reserves the right to modify pricing through email notification and/or notice on its web site. You may make payment by providing either a valid credit card or PayPal email address.
Shared hosting is billed on an automatic basis monthly or annually. GigaHostingServices will automatically renew your services when they come up for renewal and will take payment from the payment method you have on file with GigaHostingServices at our current rates.
If for any reason, GigaHostingServices is unable to charge your payment method for the full amount owed, or if GigaHostingServices is charged a penalty for any fee it previously charged to your payment method (such as a charge back dispute), you agree that GigaHostingServices may peruse all available remedies in order to obtain payment. You agree that among the remedies GigaHostingService may peruse in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to you of any services registered or renewed on your behalf.
You agree that you are solely liable for arranging that your services are renewed, and that GigaHostingServices shall not be liable to you or any third party if it is unable to charge your payment method in order to renew your services. You also agree that you are liable for all services that have been rendered on your behalf until a termination of service has been officially received by the accountholder for services.
If at any time, your hosting payments become past due, you will receive a notification via email (to the most recently updated email address on file) with instructions on rectifying the situation. Please note that GigaHostingService holds the right to deny access to and/or de-activate accounts hosted on our servers of which have unpaid past due balances.
Accounts are at risk for suspension of service if payment for hosting is not received 10 days after the due date.
Accounts 10 days past due will be assessed a late fee calculated at 30% of the balance due to re-activate service.
If an account holder submits a bank assisted dispute for services rendered, their hosting account will be de-activated within 48 hours if the payment issue has not been recovered. A $50.00 charge back fee will be added to the amount disputed by the customer.
We only accept PaypPal for payment of services. Plans renew automatically and are charged to the most recently updated credit card on file. In the event that your yearly/monthly charge is denied and we are unable to contact you, then the aforementioned fees to enable your account shall apply. Monthly installments will incur for the entire duration services are rendered and you remain subscribed to until you submit proper cancellation of the account.
Any debt not paid 90 days after the due date will be forwarded to an outside collections agency for proper collection. At that time, the account holder will incur a $50.00 USD collection fee added to the balance previously due.
Please note that GigaHostingServices holds the right to deny access to and/or de-activate accounts hosted on our servers with past due balances.
Our service plans are designed to accommodate the majority of usage scenarios given the needs of our customers. However, your usage may vary and require additional allocations, specifically in the areas of storage and traffic. We will never charge your card automatically if your account requires more resources. You must keep your email address updated within your cPanel, so that you may receive an email when your account reaches certain limits determined solely by our system, ie. bandwidth exceedment warning at 80% at which time you may contact us to purchase a higher transfer quota for your account. If you do not contact us, the system will suspend your site if your allotments exceed.
If you wish to cancel your services, you must contact us in writing via e-mail five (5) business days prior to your renewal date. If your notice of cancellation is not received within this time frame, you will be liable for payment of the proceeding month and hereby agree to complete payment as invoiced accordingly.
If you cancel your account and your payments still continue to recur for any reason such as 1) by fault of GigaHostingServices staff 2) by fault of the credit card processor 3) by fault of any other payment collection company, we are to be held free of liability for any overdraft fees that are issued by your financial institution.
If, for any reason, GigaHostingServices fails to deliver said services to you, a prorated refund will be issued. No refunds will be issued if abuse of our stated policies forces GigaHostingServices to suspend or terminate your services prematurely. In the event you request account cancellation, once your service has been cancelled your account will be suspended from use. It will then be deleted within 30 days. Cancellations of accounts pre-paid for on a monthly basis will not receive a refund for the remainder of the billing period. Cancellations of accounts pre-paid on a yearly basis will only receive a pro-rated refund based on the monthly rate of the same hosting plan. All add-on service payments are non-refundable as they are included only during the life of the hosting plan. If for any other reason your account becomes suspended and remains suspended it will be deleted after a 30-day period.
All dedicated and colocated servers are given access to bandwidth graphs which are updated in five minute intervals. These graphs are located in the client access area reffered as D.E.C.C. (DimeNoc Enineering Control Center). All bandwidth billing is exclusively calculated based on the graphs provided in D.E.C.C.
Depending on the plan that you have the bandwidth usage included may vary. For example purposes, a plan with an allocated bandwidth of 1,500 GB of data transfer monthly is equivalent to a transfer rate of 4.5 Mbps in a 30-day calendar month. If your monthly usage exceeds the bandwidth transfer rate of 4.5 Mbps within your monthly billing cycle, you will be billed for overages exceeding 4.5 Mbps based on 95th percentile metering. In accordance to these terms of service, you are liable and agree to pay such overages at the rate of $75.00 per 1 Mbps of bandwidth.
If you anticipate high bandwidth usage, please contact our sales department for further information on the availability of other plans with higher bandwidth allocations for lower rates.
Note: For calculation purposes, our accounting system defines one month as 30 days. Based on this definition the rate of 1 Mbps of continuous data transfer in a one month period is approximately 333.33 GB of bandwidth a month.
Further in-depth information on 95th percentile metering may be found on the following site: http://en.wikipedia.org/wiki/Burstable_billing
GigaHostingServices is dedicated to providing an all-round top quality service. The terms and conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers whilst at the same time satisfying our legal and ethical responsibilities.
Failure to follow any term or condition will be grounds for immediate account deactivation without notice. GigaHostingServices will be the sole arbiter as to what constitutes a violation of any of these provisions.
Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension.
To report suspected abuses or any violations of these policies, please contact us by e-mail.
GigaHostingServices servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, prescription drug sales, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws or the laws of the state of Florida. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots. The subscriber to GigaHostingServices service agrees to indemnify and hold harmless GigaHostingServices from any claims resulting from the use of the service that damages the subscriber or any other party.
No online pharmacies are allowed on our network.
Sites related to HYIP (High Yield Investment Programs), Ponzi schemes or pyramid schemes are prohibited.
GigaHostingServices will be the sole arbiter as to what constitutes a violation of this provision.
Legal Adult Content is allowed.
Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra for a dedicated server / semi-dedicated server (which depends on the resource needed) or reducing the resource used to an acceptable level. GigaHostingServices shall be the sole arbiter of what is considered to be a high server usage level.
GigaHostingServices does not provide nor allow chat rooms.
GigaHostingServices does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation.
GigaHostingServices does not allow IRC server, IRC bots, or IRC shells to be operated on our network.
GigaHostingServices does not allow proxy servers or scripts, torrent trackers or torrent clients to be run from our hosting servers.
Backups are performed routinely on all servers to ensure critical files are never lost. However, GigaHostingServices is NOT responsible for lost data, time, income, or any other resource due to faulty backups or non-existent backups. Please always backup your own data for redundancy.
The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of services provided by GigaHostingServices requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client.
The following examples are offered:
The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of GigaHostingServices to provide this knowledge or support outside matter specific to GigaHostingServices servers.
Uploading, posting, emailing, transmitting or otherwise making available any UNSOLICITED or unauthorized advertising, or promotional materials where examples of these include but are not limited to "junk mail," "instant messaging," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation from or through a GigaHostingServices server or using an email address or system that is maintained by GigaHostingServices is STRICTLY prohibited. GigaHostingServices will be the sole arbiter as to what constitutes a violation of this provision. If you engage in any of the foregoing activities using the service of another ISP or IPP, but channeling activities through a GigaHostingServices server as a mail drop for responses, you are in violation. Violators will be assessed a minimum of $200.00 fine and will face an immediate suspension and/or termination.
Any attempts to undermine or cause harm to a GigaHostingServices server or customer of GigaHostingServices is strictly prohibited.
The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice.
User agrees to only use shared hosting services for its intended applications. Misuses include scientific/grid/distributed computing, data warehouse/backup storage, or bandwidth sinks. GigaHostingServices will be the sole arbiter to what is considered a misuse of service. User agrees to ask GigaHostingServices in the event they are unsure of their application's fitness for our shared hosting services.
GigaHostingServices shared Web Hosting accounts are not to be used for the purposes of distributing software and multimedia products. If you wish to distribute software and/or multimedia files, please contact us for special arrangement.
Multimedia files are defined as any graphics, audio, and video files. GigaHostingServices Web Hosting accounts are not to be used for the purposes of distributing and storing unusual amount of multimedia files. Any Web site whose disk space usage for storing the multimedia files exceed 70% of its total usage, either in terms of total size or number of files, will be deemed to be using unusual amount of multimedia files.
Clients are responsible for renewing their domain names. GigaHostingServices does not take responsibility for failing to renew domain names.
The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. GigaHostingServices will be the sole arbiter as to what constitutes a violation of the AUP. GigaHostingServices reserves the right to remove any account without prior notice.
When GigaHostingServices becomes aware of an alleged violation of its AUP, GigaHostingServices will initiate an investigation. During the investigation, GigaHostingServices may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, GigaHostingServices may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, GigaHostingServices will notify the appropriate law enforcement authorities of such violation.
GigaHostingServices does not issue credits for outages incurred through service disablement resulting from AUP violations.
GigaHostingServices customers agree to indemnify and hold harmless GigaHostingServices from any claims resulting from the use of our services that damages them or any other party. The GigaHostingServices service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. GigaHostingServices expressly disclaims any representation or warranty that the GigaHostingServices service will be error-free, secure or uninterrupted. No oral advice or written information given by GigaHostingServices, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. GigaHostingServices and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
GigaHostingServices reserves the right to add, delete, or modify any provision of this Policy at any time without notice.
We reserve the right to refuse, cancel, or suspend service at our sole discretion.