Terms of Service (TOS)
GigeVPS.net, provides web hosting to a large number of clients. We have a responsibility to protect each client and provide the best services available. The following guidelines have been established to insure this intent is met.
GigeVPS.net ("The Company") agrees to furnish services to the Subscriber, subject to the following these "policies" also known as AUP (Acceptable Use Policy) and TOS (Terms of Service). From herewith in this AUP and TOS, the usage of "us", "we", "our", "ours" shall constitute reference to GigeVPS.net, the usage of "you", "your", "they", "them" shall refer to client / customer of GigeVPS.net. Use of company services constitutes acceptance and agreement to the company's AUP (Acceptable Use Policy) and TOS (Terms of Service). All clients, servers, traffic, and equipment of the company are subject to this contract and terms herein. These policies may be changed from time to time at the discretion of the company. Subscriber understands that change to the by the Company shall not be grounds for early contract termination or non-payment.
Disclosure:
We are not responsible for any claims resulting from the use of our service. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are prohibited. The Company will only disclose subscriber information including assigned IP numbers, account history, account use, etc. to a law enforcement agent or official that provides an authentic subpoena.
Contact & Billing Information:
You must provide us with, and keep current, good contact information for you. This includes but is not limited to E-mail addresses not based on the main domain of your account and telephone contacts. Maintaining accurate and updated information with us is required. We are not responsible for any claim, damages, fees, or otherwise as a result of accounts terminated or suspended due to inaccurate or unusable contact information. Providing false contact information of any kind may result in the termination of your account.
Account Setup:
While we maintain the highest standards and try for near instant account activations this is not always possible. Certain account types such as dedicated servers and virtual private servers may often require a great deal of extra time to provision. We make no guarantee's in regards to the speed in which an order is completed. At times additional fraud checks or information may be needed, and the client agrees to provide said information in a timely manner. In certain cases such as dedicated or virtual private servers purchases and other high risk transactions, it may be necessary to provide government issued identification and a scan of the credit card used. If you fail to meet any requirements, the order may be canceled without notice. We will setup your account when we received payment and the order has been screened for fraud.
Account Transfers:
In certain cases where requested by the client we will transfer your data from the previous provider to our servers. This will be done with our best efforts, however, we do not guarantee the transfer process. This courtesy service is done on an as requested and as available basis. Each provider may use different software, configurations, and/or other variables which complicate or in some cases prevent a smooth transfer. We will provide free transfers when possible as long as the new environment and control panel are the same as the old host/server. We will advise you if your free move is not possible and what the rate will be if you wish us to proceed at that point. We do not guarantee the transfers will be successful, complete, or done in a certain period of time.
IP Ownership:
If we assign a Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to us, and Customer shall have no right to use that Internet Protocol address except as permitted by us at our sole discretion in connection with the Services, during the term of this Agreement. We shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by us, and we reserve the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies.
Content:
You are responsible for any and all content in and under your site or account at all times. All services provided by us 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. Use of our services to infringe upon any copyright or trademark is prohibited. We do permit legal adult content on dedicated servers, colocation services, and VPS accounts. All other services not listed here are forbidden to store, serve, or contain any adult materials. We reserve the right to determine the definition of "adult content" as it pertains to our services. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. We do not allow any content that may be construed as offensive or illegal including, but not limited to pirated software, bit torrents, Proxies, hacker programs/archives, copyrighted MP3's, Warez, copyrighted material, trademarks, child pornography or content perceived to be child pornography, or material protected by trade secrets and other statutes. Any site found to host perceived child pornography or linking to child pornography will be suspended immediately without notice and reported to authorities.
Threats and unlawful conduct:
You may not use our service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property. Use of our services to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another company or individual will result in immediate and permanent termination of your account(s).
Fraud:
Use of our service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters." Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
Attacks and Exploits:
Any activity which affects the ability of other people or systems to use any services or other Internet services. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the client's responsibility to ensure that their server is configured in a secure manner. A client may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. We will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems.
Commercial Advertising Email aka (SPAM):
Spamming, or the sending of unsolicited email, from one of our servers or using an email address that is maintained by us is STRICTLY prohibited and will qualify your site for immediate deactivation with no refund. Sites advertised via SPAM (Spamvertised) are not permitted on our network. This includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. Any account which results in our IP space being blacklisted will be immediately terminated. We will be the sole arbiter as to what constitutes a violation of this provision. Additionally claims investigated by us about spam from any of our users or users of theirs, will be billed for such work. The clean up fee for such an instance will be determined by GigeVPS and usually no less than $500 per incident.
Billing and Payments:
Subsequent payments are due on the anniversary date of the month for that month's service. You agree that until and unless you notify us using the proper cancellation form for all services received, those services are considered active, billable, and will be billed on a recurring basis. It costs us on an ongoing basis to provision space, power, bandwidth for services of our clients. We continue to provision those services for your use until you cancel with us therefore we will not know nor care if you are not using the space after we have provisioned it. Accounts not paid by due date are subject to a late fee of $7.50 (seven dollars and fifty cent USD) plus 10% (ten percent) interest of the past due amount. Service will be interrupted on accounts that are 5 days past due. Service interrupted for nonpayment will remain disconnected until the account balance or contract term is paid in full. Service will be terminated on accounts that are 15 days past due. All credit card accounts will be automatically billed on their anniversary date of the initial order. We are not responsible for any fees accessed on the client by their bank as a result of the client's account being invoiced. GigeVPS reserves the right to change pricing terms on any accounts and services at anytime. We will never increase an existing clients account plan pricing.
Disputes and Failure to GigeVPS:
All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in GigeVPS's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay an "Administrative Fee" of not less than $50. The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Cancellation:
All cancellations must be sent using the cancellation form in the support center. While there are no cancellation fees, you must cancel prior to your next billing cycle. Payments made up to your cancellation date are not refundable. This does not include any added support or service fees you have contracted us to provide. You are obligated to pay for your account even if you do not use it. Because we have provisioned services and provided you with details you have the ability to use your account. An unused account still uses system resources that could be used for other customers. If you have a past-due balance on your account it must be paid in full before we will close out the account. If we have to close your account for nonpayment the remaining balance will be sent to a collection attorney plus additional fees for the collection service. If our internal collection efforts fail, we reserve the right to turn the account over to a 3rd-party (either collections agency or attorney) for further action. We reserve the right to report your unpaid balance to credit reporting agencies. Unpaid invoices may effect your credit rating. If client disputes justified charges by provider on his credit card (chargeback), provider has the right to charge a $25 administration fee in addition to late fees, chargeback fees, bank fees, and immediately discontinue service. We do not offer refunds for services after the initial thirty (30) days of service.
SLA and Credit for uptime:
All users are subject to the terms of this TOS (terms of service) and our SLA (service level agreement).
Programs:
You can run any legal daemons on your own VPS or Dedicated server.
Bandwidth Usage:
Your account is provisioned with a monthly bandwidth allowance that varies depending on the hosting plan you order. If your account exceeds the allocated amount we reserve the right to suspend the account until the start of the next month, until you upgrade to a higher plan, or until you purchase more bandwidth. If you terminate the account you are still responsible and liable for any current usage and associated fees for the overages.
Dedicated Server Bandwidth Usage:
Data transfer usage for dedicated servers is calculated using 95th percentile, also known as burstable billing, in order to assist clients from heavy overage penalties should they experience unanticipated spikes in traffic.
Back-ups and Data Loss:
You are advised to backup all of your own files to your local drive.
Server abuse:
Any attempts to undermine or cause harm to any Company server or customer of ours is strictly prohibited. We hold no responsibility for the use of our clients' accounts. Any account the abuses resources and actions are not taken to desist, calls for immediate deactivation without any refund of payments made thus far. Any site using what we deem to be using excessive cpu cycles or any resources that cause strain to other sites may also be offered new terms. Use of our service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of our or another entity's computer software or hardware, electronic communications system, or telecommunications system.
Security:
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Sharing your password and account access with unauthorized users is prohibited and you will be held responsible for such use. Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service. You may not attempt to circumvent user authentication or security of any host, network or account. Users who violate systems or network security may incur criminal or civil liability. We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
Staff and Personal Abuse:
While we all try to get along sometimes thats a challenge. Please treat our staff and personnel as you would like to be treated yourself. While we are tolerant and understanding we too are human, please treat us as such. *looking at you angry guy* . You agree to refrain from abusive and profane language on our systems, interfaces, public, and private communications. Abuse of our staff in any medium or form will result in the suspension or termination of your services.
Refusal of Service:
We reserve the right to refuse, cancel, or suspend service at our sole discretion.
Liability and Warranty:
We are not responsible for any damages you or your business may suffer. We do not make implied or written warranties for any of our services. This includes loss of data resulting from delays, non-deliveries, wrong delivery, any and all service interruptions regardless of cause. The client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, client agrees that the company shall not be liable for any damages arising from such causes. You further acknowledge that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by the client for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Idemnification:
Client agrees to defend, indemnify, and hold GigeVPS harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, our agents, our customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, our agents, employees or assigns.
Governing Law:
This Agreement will be governed by and construed in accordance with the laws of Texas, without regard to the principles of conflicts of law. The language of this Agreement shall be deemed to be the result of negotiation among the parties and their respective counsel and shall not be construed strictly for or against any party. Each party (i) agrees that any action arising out of or in connection with this Agreement shall be brought solely in courts of the State of Texas, in , or the United States District Court for the State of Texas, (ii) hereby consents to the jurisdiction of the courts of the State of Texas and the United States District Court for the State of Texas, and (iii) agrees that, whenever a party is requested to execute one or more documents evidencing such consent, it shall do so immediately.
Modifications:
These terms may be modified at any time with notice. All users are always subject to the newest terms posted here at all times. It is the end users responsibility to be aware of the latest terms of service and other policies at all time. It is our responsibility to provide these policies in a ready and readable form. We will, when possible, elect to notify clients of updates or changes to our policies in various mediums available including but not limited to; email, forums, ticket systems, and chats. We reserve the right to revise, amend, or modify this AUP/TOS and our other policies and agreements at any time and in any manner. If any terms or conditions are failed to be followed the account in question will be automatically deactivated. Notice of any revision, amendment, or modification will be posted in accordance with these policies.
