Company's Services:
GigeWeb is a provider in shared, reseller, dedicated hosting solutions and domain registration services. All registering parties of our hosting solutions or domain registration must agree to the following terms of service. If you do not agree to the following terms outlined in the contract you will be unable to use any services GigeWeb has to offer.
1. Hosting Account Setup / Account Information:
1.1 Upon registering for our services, your client area account will automatically be created; however, if you purchased a service your service will not be created until you pay your invoice(s). One your invoice(s) have been paid your hosting/domain account will automatically be created. All account information will be sent via e-mail and will be posted in the client's area. Some transactions may go through additional fraud checks before your order is fully active, any fraudulent orders that are placed will be terminated and the proper authorities will be contacted. If you are paying via PayPal you must have a verified PayPal account and the e-mail address on the PayPal account must match the one we have on file. If you do not have a PayPal verified e-mail please contact our billing department for additional ways you can use PayPal or an alternative payment solution. This policy is an affect to prevent charge-backs and reduce fraud. If you are paying via Visa, Master Card or American Express you may need to verify additional information upon request.
1.2 All contact information including address, phone, alternative contacts, e-mail address, etc, must be kept to date. If your information is found not be up-to-date your hosting account will be suspended. This information is used for law-enforcement, complaints, legal issues, person verification, payment verification and anything else we may need the information. We will not share information to any 2nd or 3rd party company or individual. All information is kept secured and will not be given unless requested by law-enforcement agencies.
2. Hosting Content:
2.1 The following content is not permitted to be hosted on any shared or reseller hosting account. If such content is reported and is discovered you are hosting the content your account will be suspended/terminated. Content that is not permitted includes copyrighted or trademarked information, products, service which include music, videos, software, books, photographs, e-books or any other content or published worked that is copyrighted or trademarked. If you or someone you know work is being infringed please report it to abuse@gigeweb.com. At no time will you bring a lawsuit to GigeWeb, you agree to hold GigeWeb harmless from any claims, attorney fees, lawsuits, court-costs, etc, resulting from the use of our service. We will not be held liable for any customer's action and if the customer is found violating this contract, we (GigeWeb) will suspend/terminate the account in question.
2.2 Such content is not permitted on shared, reseller and proxy hosting accounts:
- IRC Script/Bots
- Pirated software, music, videos, books, photographs, scripts, e-books / Warez
- Links to pirated material/Warez
- IP Scanners
- Bruteforce programs (includes programs, scripts, applications, etc)
- Mail Bomber / Spam scripts, programs or applications
- Commercial advertising scripts (banner rotation)
- Hateful, Racist, Slander, Harassment speech, content, posts or anything that is found obscene, inappropriate or defamatory.
- Hacker scripts, forums, programs, communities.
- Sites promoting illegal activity/actions.
2.3 Such content is not permitted on dedicated servers:
- IRC Scripts/Bots
- IRC Channels / Hosting
- Pirated software, music, videos, books, photographs, scripts, e-books / Warez
- Links to pirated material/Warez
- IP Scanners
- Bruteforce programs (includes programs, scripts, applications, etc)
- Mail Bomber / Spam scripts, programs or applications
- Hateful, Racist, Slander, Harassment speech, content, posts or anything that is found obscene, inappropriate or defamatory.
- Hacker scripts, forums, programs, communities.
- Sites promoting illegal activity/actions.
- Any proxies which do not require authentication (including open mail proxies, unprotected anonymous web surfing proxies, etc...)
GigeWeb's services are only permitted for use by the customer, there shall be no sharing of resources or selling of resources being sold or given away on shared hosting accounts. Any sharing of cPanel accounts, shared resources (not including Reseller) will result in suspension/termination of the account(s) in question. Reseller may not share WHM, any account/reseller found sharing WHM accounts will be suspended/terminated.
GigeWeb reserves the right to refuse, cancel, suspend or terminate service of any client at anytime without notice. Refunds are provided at the discretion of GigeWeb and are never owed to any client even if requested by the client in question.
There shall be no child pornographic material on shared, reseller hosting accounts or dedicated servers. If such content is found your account will be suspended, and the proper law enforcement agency will be contacted. Shared, reseller hosting accounts and dedicated server may also not link or distribute links to child pornographic material.
3. Spam Policy:
3.1 We do not permit any sending of spam messages or e-mail. Any account found to be spamming users or sending unsolicited e-mail will automatically be removed and a fine of $75.00 will be assessed on the account in questions for every unsolicited e-mail sent. Additional fines/fees may be assessed if we were blacklisted and we need to be removed. Additional fees are assessed at the discretion of GigeWeb and must be paid even when account is canceled, suspended or terminated.
4. Payment:
4.1 Clients agree to pay all dues at the end of each billing cycle. Additional product/service add-ons will be assessed on a monthly basis and must be paid each month. There will be a monthly break-down of all additional add-ons that are on a monthly basis. If you do not pay your invoice by the due date, your invoice will be considered overdue and after 24 hours of the invoice being overdue there will be a late fee of 35% added to the invoice and a reconnection charge of $75 for dedicated servers. After 5 days of your invoice being overdue your account will be suspended and after 30 days of the invoice being overdue your account will be terminated and all information will be deleted from the server. If there are outstanding invoices on your account they must be paid, if they are not paid a collection agency will collect all dues and their fee for collecting the over dues. If you need to make payment arrangements please contact our billing department. If the collecting agency fails to collect the over dues, additional actions may take place.
4.2 GigeWeb.Com, LLC has the right to terminate service of dedicated servers if the invoice is one day overdue. Section 4.1 does not apply to dedicated servers. Failure to pay when the invoice is due will result in a late fee being applied to the account in the amount of 35% of the invoice and after one day the service will be terminated. If you wish to cancel please contact us 15 days prior to the next due date on your account. You are subjected to pay all outstanding invoices when leaving our services. Failure to pay all outstanding balances will result in debt being forwarded to a collection agency. There will be a $75 reconnection charge for dedicated servers that service is disconnected. To cancel a dedicated server the subscriber agrees to Fax or Mail the following document with all required billing information if we do not have it on file. Please click here to view/download the form. Failure to submit formal request for server cancellation within 15 days of your next due date will result in the subscriber paying for next dues.
5. Refunds:
5.1 Within 30 days of registering you may request a refund if you paid by credit card or PayPal. If you open a PayPal dispute we will be unable to process a refund until the dispute is closed, failure to close the dispute will result in no refund.
5.2 Refunds are given at the discretion of GigeWeb are never owed to the client requesting a refund. No refunds will be given if a client paid by Checks (Certified, Cashiers or Personal), Money Orders, Bank Transfers or western union payments.
5.3 There are no refunds for domains, dedicated servers, administrative tasks, product/service add-ons, SSL Certificates, and install of custom software fees. When refunds are processed for yearly plans. GigeWeb will take the cost of the domain(s) or transfer(s), private SSL, and the toll-free number and toll-free fax fees, initial cost of the billing client, dedicated staff, support software, and other initial costs of your package. Opening disputes to recover these fees withdrawn from your refund violates this terms of service and you are subjecting to an administrative fee, Sec 7.3.
5.4 After the 30 days a refund may be given as a prorated basis only and only at the discretion of GigeWeb.
6. Fraud Checks:
6.1 At the discretion of GigeWeb we are allowed to perform checks to ensure that all purchases are legitimate purchases. If you are singled out for a fraud check you may need to provide documentation for example, photo identification, utility bill or another form of identification.
6.2 The submission of these documents confirms your name, place of residence and that you did indeed purchase our hosting services. The purpose of the fraud checks are to reduce internet fraud, integrity of our services and for charge-backs.
6.3 Failure to provide these forms of documents upon request will result in account termination, deletion of services and no-access to our services.
6.4 All clients/subscribers wishing to purchase dedicated servers must submit to a fraud screening and provide the following on-request; Driver's License, Proof of Address, Passport, copy of credit card being used, etc. This is to prevent clients for registering for our services and leaving without paying their due invoices. All orders of Fraud will be forwarded to local and federal authorities.
7. Charge-Backs:
7.1 Before contacting your Credit Card Company or financial institution we require that you contact our billing department for a resolution to your issue, as your merchant agreement states that you must contact the company in question before filing for a charge-back. Failure in contacting GigeWeb may result in the disputing party losing the charge-back.
7.2 If the registering party was signaled for a fraud check, the documents submitted to GigeWeb to complete the fraud-check may be used in the charge-back dispute over GigeWeb.
7.3 If a charge-back is filed through your credit-card Company or financial institute an administrative fee in the amount of $150.00 may be assessed on the account and must be paid regarding the end-result of the charge-back. Failure to pay the administrative fee will result in a collection agency taking over the remainder account balance.
8. Resource Usage:
8.1 At no time should any shared or reseller account use more than 10% of the system resources for longer than 2 minutes (120 seconds). Any account found to use more than 10% of the system resources may be suspended. GigeWeb may continue to host your site(s) for an additional fee or upgraded package.
8.2 GigeWeb guarantees that we do not oversell our servers or overcrowd our servers. We monitor the servers 24/7 for resource usage, performance, network usage, etc.
9. Bandwidth Usage:
9.1 Each month your bandwidth limit resets at the beginning of your billing cycle (Every 30-Days). If you go over your bandwidth limit you may need to purchase additional bandwidth at the rate of $0.45 per GB or upgrade your hosting account. If you refuse to purchase additional bandwidth or upgrade your hosting service, we will suspend your hosting account until the limit resets which is every 30-days.
10. SLA Uptime:
10.1 We ensure that our network is running 100% of the time, in the event that the network fails your account will be credited for the total amount of the downtime using the following formula (Monthly Cost / 30-Days = Cost Per Day / 24 Hours = Cost Per Hour x amount of downtime in hours).
* Network outages are determined by the data-center and by the technicians of GigeWeb. If we find that it was an issue due to the network or power we will issue a refund as followed above.
If the following occurs, GigeWeb has no obligation to provide a refund to any clients:
- Emergency Maintenance
- Schedule Maintenance
- System Upgrades
- DNS issues outside the control of GigeWeb or the Data-Centers.
- FTP, POP, IMAP, SMTP customer access
- Acts conducted by the account holder, account holder's staff or any other individual that has been given access to the account holder's service(s) outside the staff of GigeWeb.
- Breach of GigeWeb's Terms of Service
- Uncontrollable Disasters (Natural Disasters)
- Anything else that is deemed out of the control of GigeWeb or the Data-Center.
10.2 Dedicated Server clients shall receive a credit for the down-time that shall not exceed the cost of the dedicated server base price.
11. Shared Hosting:
11.1 At no time are you allowed to resell any of your shared services. Failure to comply will result in suspension of your account and possible termination of the account in question. Your shared account is for use only by the name on the account.
11.2 The uptime for shared hosting will be monitored by our in-house staff, data-center's NOC and other 3rd parties; however, at no time will GigeWeb or the data-center rely on the 3-rd party for uptime's, server's performance, etc.
12. Reseller Hosting:
12.1 All resellers are responsible for all content and behavior under their account and client's account. At no time are we obligated to provide direct support to your clients unless you opt-in our free-end user support program.
12.2 We have the right to suspend/terminate any account under your reseller account that is violation our terms of service.
12.3 At no time are you allowed to provide "FREE" hosting under your reseller account. At no time are you allowed to share access to WHM (Web Host Manager)
13. Dedicated Servers:
13.1 We reserve the right to access any server, under our network to perform security audits. If your password on file is different than the server's password we have the right to change the password to the one you have on file.
13.2 It is the client's responsibility to ensure that there is valid e-mail and root password on file.
13.3 At times we may be required by the data center to perform security audits, administrative tasks and failure to have the proper password will result in server down-time and GigeWeb resetting your password.
13.4 Dedicated Servers are not backed up by GigeWeb at anytime unless you opt-in for our back-up services. The client is fully responsible to perform administrative tasks and backups, unless they opt-in for server management and back-up services.
14. Indemnification:
14.1 You agree that you will hold GigeWeb and their partners harmless for any and all demands, liability, costs, claims and attorney/court fees they may arise from the services, products and/or tasks that GigeWeb offers. Customer agrees to defend, indemnify and hold harmless GigeWeb against liabilities arising out of; any injury to person or property caused by any products sold or otherwise distributed in connection with GigeWeb; any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement; any defective products sold to customers from GigeWeb's server; content that is hosted on GigeWeb's server that is obscene, slander, hateful, defamatory, and racist.
14.2 All legal proceedings must take place within the state of New Jersey.
15. Disclaimer
15.1 GigeWeb shall not be responsible for any damages your business may suffer. GigeWeb makes no warranties of any kind, expressed or implied for services we provide. GigeWeb disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by GigeWeb and its employees.
16. Disclosure to law enforcement
GigeWeb may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
GigeWeb.Com, LLC has the right to change this agreement at anytime with or without notification to its clients, members or staff.
17. FTP Backup Service
Our FTP Backup Service comes complete with Account Manager, 24x7 Technical Support, 100% SLA Uptime & Non-Oversold. No refunds shall be provided with our FTP Backup Service due to the demand for the service. The space allocated to you may be used as you wish but the following content is prohibbited but is not limited to:
- IRC Script/Bots
- Pirated software, music, videos, books, photographs, scripts, e-books / Warez
- Links to pirated material/Warez
- IP Scanners
- Bruteforce programs (includes programs, scripts, applications, etc)
- Mail Bomber / Spam scripts, programs or applications
- Commercial advertising scripts (banner rotation)
- Hateful, Racist, Slander, Harassment speech, content, posts or anything that is found obscene, inappropriate or defamatory.
- Hacker scripts, forums, programs, communities.
- Sites promoting illegal activity/actions.