This document contains the terms and conditions for the use of services provided by GIGSHOST.NET. GIGSHOST.NET provides web, database, email and hosting services (otherwise referred to as ‘web hosting accounts’, 'web hosting packages', 'hosting servcices' or just ‘accounts’) on a paid basis to individual, government, business or corporate customers with a designated point of contact who are at least 18 years of age.
By completing the account sign up process, you are stating that you are eligible for an account under the terms stipulated above, and you agree to be bound by the terms and conditions listed in this document. Failure to comply with these terms and conditions may result in account suspension or termination, the determination made on a case-by-case basis at the sole discretion of GIGSHOST.NET.
1 Billing And Accounts Receivable
All prices mentioned on the GIGSHOST.NET site are in US dollars, except where otherwise noted. Prices are subject to change, but are guaranteed to remain unaltered through your paid billing period.
All billing and account related enquiries are to be submitted via the customer control panel, emailed to email@example.com. You will be asked questions about your account to verify your identity and that you are the authorised account holder.
Any other correspondence, including telephone conversation, may not reflect the position of GIGSHOST.NET and is not to be considered the official word on any billing or account-related matter. Please also note that due to the unreliable nature of email and fax machines, not all enquiries will be received, and it is up to the customer to obtain receipt confirmation or acknowledgement from GIGSHOST.NET.
1.1 Paying For Your Account
GIGSHOST.NET accepts various types and methods of payment for account-related transactions including credit card, check/cheque (henceforth ‘check’), money order, bank draft and electronic transfer.
All accounts are paid at least one month in advance.
For all INDIAN customers, a 18% GST will be applied to all goods and services provided by GIGSHOST.NET. Any prices quoted in INR include GST. Prepaid Account invoices will be generated 30 days prior to the account becoming due. For monthly accounts invoices will be generated 18 days before they become due.
All initial charges such as any set-up fees and the initial monthly fee (if applicable, billed pro-rata until the end of the current month) are billed on the day incurred, or next business day, unless by decision of GIGSHOST.NET. Payable extras (such as for domain registration, or other additional services) may be deducted at any time after the charge is incurred.
Even though GIGSHOST.NET will attempt to contact account holders with an outstanding balance, it is the responsibility of the account holder to ensure payment is made correctly and on time.
1.1.1 Paying By Credit Card
Monthly payment by credit card will ensure your account is not deactivated due to lost mail, incorrect account details or other unforeseen circumstances. This is not a guarantee however, and trouble billing credit cards (such as trouble caused by invalid card numbers, insufficient funds, etc.) may result in your account being suspended without notice.
At the time of writing, GIGSHOST.NET accepts Visa, MasterCard and American Express, this is subject to change, however we will endeavour to provide at least one week’s notice via email or the customer control panel of any change that may affect current customers. Customers opting to pay via credit card agree to have payments deducted automatically by GIGSHOST.NET.
It is the responsibility of the client to inform GIGSHOST.NET if their credit card is lost, stolen or canceled. Any charge rejected due to lost, stolen or canceled cards will incur a rejection fee (US$18 at time of writing, but subject to change). 1.1.2 Paying By Check, Money Order, Bank Draft Or Electronic Payment
For the purposes of this document, and the GIGSHOST.NET billing system, checks, money orders, bank drafts and electronic payments are to be treated identically.
Due to the variability inherent in postal mail systems, we cannot accept payment by check for monthly accounts. However we do allow check payments for billing periods of six months or longer.
Checks must be received within ten days from the date the account becomes due. Delays in sending or receiving checks may result in the suspension of your account, which may incur a reactivation fee and/or late payment fee.
1.2 Prepaid Accounts
GIGSHOST.NET uses a system of credits to keep track of prepaid accounts. Upon receipt of payment, accounts are issued with one credit for each US Dollar paid toward their prepaid account fee. Credits are deducted each month, in amounts depending on the size of the account, so as to reach, under normal circumstances, a zero balance at the end of the prepaid period. Extra fees, if not otherwise billed, may be deducted from an account’s available credit.
Customers electing to pay their prepaid account by credit card will be billed automatically when the account becomes due, for an amount sufficient to provide them with hosting for the prepaid period of selected account.
1.3 Upgrading Or Downgrading Your Account
GIGSHOST.NET allows its customers to upgrade or downgrade their accounts upon request. In order to take advantage of this service, a query must be submitted via the customer control panel, via email to billing@GIGSHOST.NET
There is no fee for this service, however, at its option, GIGSHOST.NET may charge the balance of the monthly fee for the remaining days in the month during which the account was upgraded. The monthly fee for the new account size will be effective from the start of the next monthly billing period.
For prepaid accounts, an account size upgrade or downgrade will alter the rate at which credit is deducted from your account. This will move the renewal date for your account to an earlier or later date for upgrades and downgrades respectively.
1.4 Account Cancellation And Refunds
To cancel an account, it is compulsory for the account-holder to use the cancellation form available in the customer control panel, email billing@GIGSHOST.NET. Any other method used may not be honoured. GIGSHOST.NET takes no responsibility for account fees incurred if an account is canceled using any other method. Accounts canceled within 30 days will have their hosting fees and setup fee (if applicable) refunded as per our refund policy. Any extra charges such as domain registration and SSLCertificates can not and will not be refunded. Cloud hosting and dedicated server hosting are not covered by a 30 day money back guarantee refund.
In order to avoid fraud, all refunds will be issued within 30 days of the refund being approved - 60 days from signup. Refunds may be issued earlier. GIGSHOST.NET may require that an authorization letter and photo ID be provided in order to approve a refund or cancellation. In these cases, contact information will be provided when the request is made.
1.4.1 Cancelling A Monthly Account
All cancellation requests must be received on or before the 24th of the month in order to avoid monthly charges for the next month. Any cancellation request received after this date may incur a fee.
1.4.2 Cancelling A Prepaid Account
Any prepaid account canceled within 90 days of initial purchase, but not within 30 days, will have the remaining credit in their account refunded to them. For accounts cancelling after 90 days, refunds will only be issued at the discretion of GIGSHOST.NET.
Please note that ‘remaining credit’ may not necessarily equal ‘available credit’ due to the effects of special offers or other causes such as outstanding bandwidth (or other extra) charges. Only remaining credit will be refunded.
1.5 Disputing A Billed Transaction
In case of a billing error, clients must contact GIGSHOST.NET via their customer control panel, email to billing@GIGSHOST.NET. If an error is found to be the fault of GIGSHOST.NET, a refund or account credit will be issued. If a bank chargeback is initiated by the customer, your account, including any web sites and email accounts may be suspended without notice and all services will remain suspended until the dispute is resolved. Each chargeback initiated may incur an administration fee.
1.6 Domain Registration
Domain registration and web hosting are two separate services. Hosting accounts do not include domain registration unless otherwise noted. Domain registration services are provided by DomReg-GIGSHOST.NET, which is not administered by GIGSHOST.NET. Any fees incurred at DomReg-GIGSHOST.NET are to be paid separately to any fees incurred as part of your web hosting account.
1.7 Domain Renewal
If your domain name is unable to renew after the payment then you have to conatct GIGSHOST.NET support within 10 days after payment date. GIGSHOST.NET will not be responsible for any domain loss if the request is made after 10 days of expiry date of the domain name.
2 Account Services
GIGSHOST.NET provides web hosting services within the various limits specified by each web hosting plan. In order to offer these services, we must at times take action to prevent some customers from interrupting or restricting services to other users.
GIGSHOST.NET backs up all server configurations on a regular basis, however, this does not extend to backups of account web data, databases or email. We encourage all customers to back up their web sites and databases on a regular basis, and can assist in setting up regular backup plans.
GIGSHOST.NET, will provide help and assistance, where it can, to recover any lost data, but accepts no responsibility or liability for any permanent or temporary data loss.
It is strongly advised that each customer retain a copy of each and every file before uploading it to any GIGSHOST.NET server, and to keep a safe, up to date backup at all times on their own machines.
2.2 Log Files And Other Volatile Data
To maintain server performance, GIGSHOST.NET may, from time to time, delete any log files or temporary data from its servers. There is no set time period in which this process will take place.
Customers are advised to make copies of any log or temporary files they wish to retain.
GIGSHOST.NET accepts no responsibility or liability for loss of log or temporary files.
2.3 Site Statistics
GIGSHOST.NET provides access to a real-time graphical statistics application for each domain hosted. Due to the involvement of third-party components and the complexity of the links between domains, accounts and the statistics server, statistics may be unavailable from time to time.
As with any other account data, GIGSHOST.NET accepts no responsibility or liability for loss of historical statistical data.
2.4 Bandwidth Usage
As the need arises, GIGSHOST.NET will upgrade the overall bandwidth available to accommodate the growing needs of our users. However, if any site or account produces abnormal (as decided by GIGSHOST.NET) amounts of web site, email or any other traffic, GIGSHOST.NET will take action to throttle or disable access.
If an account is found to be using excessive bandwidth, the account holder will be contacted, and required to (at the discretion of GIGSHOST.NET) either upgrade their account or pay a bandwidth usage charge as per the pricing scheme on the GIGSHOST.NET web site. GIGSHOST.NET reserves the right to cancel or suspend any account for which bandwidth usage cannot be negotiated in a reasonable (as defined by GIGSHOST.NET) period of time.
2.5 Web Space Usage
GIGSHOST.NET provides limited web space to store files and other data. This limit is set by your account size.
If an account is found to be using more then their allocated web space, the account holder will be contacted and required to, at their option, reduce their used space or upgrade their account. GIGSHOST.NET reserves the right to cancel or suspend any account for which web space usage cannot be negotiated in a reasonable (as defined by GIGSHOST.NET) period of time.
Please note that log files, email and database size(s) are included in your overall allowed web space, if any of these are the cause of the overage, GIGSHOST.NET will be happy to assist in deleting or otherwise reducing the overall usage of your account.
GIGSHOST.NET will endeavour to provide 99.9% uptime during any 12-month period. This includes network uptime, server uptime and web server uptime. It does not cover what GIGSHOST.NET has no direct influence over, such as backbone provider failures, DataCenter failures, DNS or Registrar issues with subscriber's domain name, routing issues between subscriber location and data center. Calculation of 99.9% Uptime is not applicable if the service interruption was caused by external issues such as Acts of God, Wars or any other natural or unnatural events that GIGSHOST.NET cannot directly influence. In the case where you do not receive 99.9% uptime, at GIGSHOST.NET's discretion, you are limited to receiving a service credit towards future services provided by GIGSHOST.NET based on the downtime experienced using the following formula:
DownTime = down time in hours (per month)
HoursPerMonth = 730 (average Hours Per Month)
MonthlyCharge = your monthly hosting charge
CreditMultiple = Credit Percentage
CreditMultiple = DownTime / HoursPerMonth * 50
Credit Amount = MonthlyCharge x CreditMultiple
2.7 Backup Files And Other Volatile Data
To maintain server performance, GIGSHOST.NET may, from time to time, delete any Backup files or temporary data from its servers. There is no set time period in which this process will take place.
Customers are advised to make copies of any Backup or temporary files they wish to retain.
2.8 Dedicated IP Address
Due to global sortage of IPV4. Our datacenter require strong reason before they can assign the IP address to your domain. The purpose behind this is there should be proper use of the IP. If your things can be managed on shared IP then assigning an IP address is a waste of resource and in such cases IP Address can not be assigned.
GIGSHOST.NET accepts no responsibility or liability for loss of Backup or temporary files.
2.9 FREE Dedicated IP Address
FREE Dedicated IP Address can only be assigned to the domain for which you have purchased the SSL Certificate from us. However, we do support SSL certificate on shared IP Address
3 Customer Support
It has been the goal of GIGSHOST.NET since its founding to provide top-quality customer support and satisfaction. This section clarifies our role in providing a web hosting service.
There are various features such as ASP, ODBCs, PHP, etc. that we provide to our users. Due to the complex nature of supporting such services, we are unable to support users in learning how to take advantage of them. Our support team will ensure that the settings are correct on our servers, but we may be unable to assist users in setting up their own files and applications.
At the discretion of GIGSHOST.NET, we are able to provide some advanced support services. Depending on the scale and complexity of the work, a support fee may apply, with details provided on application.
4 Acceptable Use
4.1 Web Usage
GIGSHOST.NET endeavours to provide a safe Internet environment for our users, and members of the public. As an extension of this policy, GIGSHOST.NET strictly prohibits any account hosted on our servers from containing certain types of material. These include, but are by no means limited to:
As well as any other material that would be illegal in the jurisdiction in which the web server is located, and any other material deemed unsuitable by GIGSHOST.NET. Any site hosted by GIGSHOST.NET which breaches these terms will be stopped in expectation of a site cleanup. An administrative fee may be charged in order to reactivate the site, once this cleanup has taken place.
4.2 Email Usage
No email address provided by GIGSHOST.NET shall be used to send ‘spam’ or unsolicited mass email messages (of a personal or commercial nature). Any account found in violation of this will be suspended and all web sites and email services stopped.
If your mail domain is hosted on our central smartermail server then the limit for the mail domain is 2GB.
5. Acceptable usage and content policy
All customers of GIGSHOST.NET web hosting must abide by all the terms set forth in this and all other policies. Violation of any of these terms may result in the immediate termination of an account.
GIGSHOST.NET strictly prohibits any account hosted on our servers from containing certain types of material. These include, but are by no means limited to:
Any site hosted by GIGSHOST.NET which provides offensive content, services, as deemed by GIGSHOST.NET, will be stopped in expectation of a site clean up, there shall be a minimum service charge of $75 to reactivate the site and work done on confirmation of acceptance, of site content, and further charges at the rate of $60.00 per hour after the first hour. There will also be a charge of $0.50 per MB of data transfer if the site accumulates data during that period. GIGSHOST.NET will not tolerate offensive adult web sites.
No email address provided by GIGSHOST.NET shall be used to send 'Spam,' or unsolicited mass email messages. Any account found in violation of this will be canceled immediately.
Any activity that overloads our servers and/or hides access to sites hosted by GIGSHOST.NET will not be permitted nor tolerated. This includes, but is not limited to:
If you are unsure of anything that you would like to place on your web site, please contact us regarding this matter before you sign up. This will relieve stress and time on both sides.
We reserve the right to cancel any account at any time for any reason deemed necessary by the management of GIGSHOST.NET.
We reserve the right to change the terms of this acceptable usage and content policy at any time for any reason deemed necessary.
If you know of any account that is abusing these practices, please email abuse@GIGSHOST.NET and describe the abuse, and provide us with the url or email address of the party you are reporting, if at all possible.
7. Policy on Spam and UCE
All customers of GIGSHOST.NET must abide by all the terms set forth in this and all other policies. Violation of any of these terms may result in the immediate termination of an account.
Recent growth of the Internet has also brought about more and more possibilities for abuse of this new communications medium. In response to this, we have developed the following position on abuse of Internet services provided by GIGSHOST.NET in order to protect you, our customer, from Internet harassment and intrusions of privacy.
'Netiquette’ is a term, which has come to receive widespread use on the Internet. Netiquette is generally defined as the standards or practices an individual or organization engages in to engender responsible internet citizenship on their behalf, as well as refraining from standards or practices which would impose undue financial, time, or social constraints on other users of the internet.
The Internet, as large and complex as it is, has no single governing body. There is no Internet management to complain to when things go wrong. Every facet of the Internet is overseen by those organizations (such as GIGSHOST.NET) whose networks are interconnected to form the Internet. This also means that every user of the Internet is responsible for their own-behavior.
Because the Internet is simply an interconnected set of smaller networks, each entity using the Internet retains some liability for the cost associated with traffic and storage, for example, a single posting to a single newsgroup takes storage space on the local news server, then must be transmitted to a few more servers, which store the information on their hard drives, re-transmitting to a few more servers, and so on. When the costs of the storage space and transmission are all factored together, a single newsgroup posting can cost the collective internet thousands of dollars! There are similar costs associated with the bandwidth required to transmit email. Therefore, someone using email or news postings for abusive purposes can have a large financial impact on the networks involved.
Aside from the financial costs, someone who has fallen victim to some sort of Internet abuse has other costs in terms of decreased effectiveness of the Internet. For example, someone besieged by Spam email (a massive bulk email message to subscribers who did not indicate any desire to receive such email) spends additional time downloading and responding to email, which was never wanted in the first place. A newsgroup subscriber may see their favorite newsgroup overrun with meaningless off-topic advertisements, obscuring any effective information still remaining in that newsgroup.
When an GIGSHOST.NET customer performs any one of these abusive activities, GIGSHOST.NET pays a price too. The additional time we have to spend responding to the complaints that pour in could be much better spent on other services. If the domain “GIGSHOST.NET’ appears anywhere in the email headers, we will receive complaints. Even if someone is using the services of another ISP to send out 'Spam', advertising their M6 -hosted web site, we will get complaints.
Because of the potential consequences of this type of activity, GIGSHOST.NET does nor accept this type of behavior by our customers. In the past however, we have given people the benefit of the doubt, assuming they didn't know that their actions could have such unwanted effects. If we received a complaint about an GIGSHOST.NET user abusing the Internet, our standard practice had been to warn the user that further be ha vi our of this type would result in termination of their account. This strategy, although mostly effective, still let’s Internet abuse originate from GIGSHOST.NET. Therefore, we've decided to switch to a more proactive strategy, making sure our customers know beforehand what is and is not appropriate on the Internet. All new subscribers to GIGSHOST.NET 's services will be informed of the consequences of internet abuse as part of our revised 'acceptable usage and content policy.' now that we've gone on the record with what is and what isn't acceptable use of the internet, any GIGSHOST.NET customer who abuses the resources of the internet in any of the following ways will permanently lose their access to the GIGSHOST.NET network. These include:
There are literally thousands of advertising and marketing resources that are effective and either low, or no cost. These include classifieds on every one of the thousands of malls on the internet, your GIGSHOST.NET web space, registering with search engines, appropriate usenet postings, and many other completely legitimate methods of appropriate advertising. We are not saying you can't advertise on the Internet. What we are saying is that we will cancel the account of any subscriber who uses GIGSHOST.NET’ services to advertise inappropriately; primarily meaning, using unsolicited mass mailings, and spamming the usenet.
If you have any further questions regarding our policy on Spam/UCE, please email us at sales@GIGSHOST.NET
8. Disclaimers and limitation of liability
The information and services included in or available through the GIGSHOST.NET web site or sites or products related to the GIGSHOST.NET service, may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The GIGSHOST.NET management may make improvements and/or changes to its service at any time.
GIGSHOST.NET does not claim in any way that the web hosting services provided by them, will be uninterrupted or error-free, that defects will be corrected, or that the service or the server that makes it available, are free of viruses or other harmful components. GIGSHOST.NET does not claim in any way that the use, or the results of the use, of the services provided by them or the materials made available as part of the service will be correct, accurate, timely, or otherwise reliable.
By completing the account sign up form and clicking the submit button you specifically agree that GIGSHOST.NET shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the services provided by them. You specifically agree that GIGSHOST.NET is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that GIGSHOST.NET is not responsible for any content sent using and/or included in the services provided by them, by any third party.
GIGSHOST.NET AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICE FOR ANY PURPOSE. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. GIGSHOST.NET AND/OR ITS RESPECTIVE REPRESENTATIVES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
You agree to indemnify and hold GIGSHOST.NET, its parent, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the services provided by them.