tos

gigecdn – Terms & Conditions

gigecdn Procedures
gigecdn furnishes Internet World Wide Web page hosting, dedicated servers, co-location services, web design and e-mail services. gigecdn has particular legal and moral responsibilities regarding the use of its computer network and apparatus involved in these services.
gigecdn’s common policy is to act as a neutral provider of access to the global Internet. gigecdn has specific moral concerns in respect to the use of its computers detailed below. gigecdn reserves the right to suspend or revoke a customer’s access to any or all services provided by gigecdn when gigecdn determines that the account has been used unacceptably.
Specific Acceptable Use Policies
gigecdn will firmly react to any use or attempted use of an Internet account or computer without the owner’s permission. Password cracking, security hole scanning and other related uses will not be tolerated. Any unauthorized use of accounts or computers by a gigecdn customer, whether or not the attacked account or computer belongs to gigecdn, will result in action against the assailant. Possible responses include warnings, account suspension or nullification, and civil or criminal legal action, according to the severity of the attack.
DNS Policies
gigecdn does not delegate authority of its address space to anyone for any purpose. gigecdn will provide all reverse DNS entries for address space as long as the DNS entry does not contain profanity or terminology that gigecdn deems offensive in nature. gigecdn will not provide reverse DNS for “vanity” domains.
E-mail Usage and Broadcasts
Commercial advertisements are unwelcome in most User groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list’s charter for whether advertising is accepted or not. “Spamming,” or sending a message to numerous different off-topic newsgroups, is especially unethical and will be treated as such. Dedicated server clients and CO-location clients can send e-mail with the use of bulk e-mail software only with the consent of gigecdn management.
Sending a message, notably an advertisement, to several recipients, is also considered spamming unless the individuals have precisely requested to be added to a mailing list on that topic. E-mail was not intended to be a broadcast medium. gigecdn will not tolerate any abuse of it’s e-mail system. File transfers, mailing list broadcasts and any other action deemed by gigecdn to be inappropriate will result in account suspension and/or termination.
Payment Policies
Setup fees and first month(s) or part months payments must be prepaid for any of gigecdn’s services and are non-refundable. Because we bill at the beginning of each month your first payment will be adjusted according to the date your account commences (eg: if your account is setup on the 15th and there is 30 days in the month, then you will be billed 15/30’s or 1/2 of the plan you signed up for). Payment is due at the beginning of each month following the date the account was established. A $15 late fee will apply to accounts past due more than 10 calendar days from the due date. Any account not brought current within 20 days of due date is subject to suspension and/or termination. There will be a $50.00 USD charge to reinstate accounts that have been terminated. The customer is responsible for all currency owed on the account from the time it was instituted to the time that the customer notifies gigecdn in writing for a request for termination of services. A minimum of 30 days or 1 calender month’s notice must be given by the customer to terminate an account. Returned checks will be assessed a $30 charge. Bank Transfers will be assessed an additional $30 fee per month to cover bank costs. All payment is in U.S. currency.
It is up to the customer to choose an appropriate plan to suit their needs. If a situation arises were the bandwidth consumption far exceeds the amount allocated to the plan that was chosen then gigecdn will upgrade the account to reflect the amount of bandwidth being consumed.
Cancellation
gigecdn reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by gigecdn if gigecdn initiates it’s right of cancellation. If cancellation is caused by clientele breach of these policies, then no refund is due.
Lawful Intent
gigecdn reserves the right to deny service to anyone. Customers may only use gigecdn’s web hosting account(s), dedicated server(s), co-location service(s) and e-mail service(s) for lawful purpose.
Transference of any information in violation of any Federal, State or Local laws is forbidden. This includes, but is not restricted to copyrighted data, information legally judged to be threatening or obscene, and information protected by privacy rights.
gigecdn’s web hosting account(s) are designed for the buyer only. Customers cannot sublease, or grant control of any share of gigecdn’s web hosting account(s). If one does the aforementioned, termination of services is likely.
Indemnity
Customer agrees that it will protect, indemnify, save and hold gigecdn harmless from any and all stipulations, arrears, losses, expenses and assertions, as well as rational attorney’s fees declared against gigecdn, its representatives, its customers, and administration that may arise or result from any service provided or executed or agreed to be executed or any product sold by customer, it’s agents, employees or assigns.
Customer agrees to defend, indemnify and hold harmless gigecdn against liabilities arising out of any injury to person or property caused by any products sold or distributed in association with gigecdn’s services, any material furnished by customer encroaching or supposedly encroaching on the exclusive rights of a third party, copyright violation and any defective products sold to customer from gigecdn’s services.
Support SLA
Gold SLA support will be provided up to 200 domains or 200 databases.
Standard SLA support will be provided up to 100 domains or 100 databases, or databases totaling size less the 20G.
Support requests not deemed urgent and or outside the scope above listed will befall under Best Effort, and will be determined solely by support staff.
Disclaimer
gigecdn is not responsible for any damages your business may suffer. gigecdn does not make implied or written warranties for any of our services. gigecdn denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by gigecdn. gigecdn reserves the right to amend it’s policies at any time.