Acceptible Use Policy

  1. General Information. This document references the term "Subscriber" or "Subscribers;" these include any and all users, customers, affiliates (including customers or non-customers that Gigabox Hosting LLC provides links or banners to promote Gigabox Hosting LLC services or products or any third party the services or products of which are offered by or obtained through or in connection with Gigabox Hosting LLC), resellers or others (i) who sign up for, use or obtain services or products from any third party services or products of which are offered by or obtained through or in connection with Gigabox Hosting LLC, or (ii) who visit the Web site of Gigabox Hosting LLC or of any such third party. Gigabox Hosting LLC is a provider of Internet/World Wide Web access, Web site hosting, and other Internet-related services. This means Gigabox Hosting LLC offers Subscribers, the ability to obtain and distribute public, private, commercial, and non-commercial information. Gigabox Hosting LLC reserves the right to take certain preventative or corrective actions when competing interests arise. Gigabox Hosting LLC has developed this Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each Subscriber's respective service agreement and is intended as a guide to the Subscriber's rights and obligations when utilizing Gigabox Hosting LLC's services. This AUP will be revised from time to time; a Subscriber's use of Gigabox Hosting LLC's services after changes to the AUP are posted on Gigabox Hosting LLC's Web site, under the Terms of Service section, will constitute the Subscriber's acceptance of any new or additional terms and provisions that has changed on the AUP. Subscribers must realize that Gigabox Hosting LLC cannot and does not monitor, verify, warrant, or vouch for the accuracy and quality of the information that users may acquire. The Subscriber must use his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet can be deemed offensive. Gigabox Hosting LLC cannot and does not accept any responsibility for injury to its Subscribers or others that results from inaccurate, unsuitable, offensive, or illegal Internet communications. Subscribers must also realize Gigabox Hosting LLC does not review, edit, censor, or take responsibility for any information its users, customers, subscribers or others may create. When Subscribers or other users have the same liability as other authors for copyright infringement, defamation, and other harmful speech when placing information on the internet. Subscriber created content is carried over Gigabox Hosting LLC's network and may reach a large number of people. Subscribers' postings to the Internet may affect others and may harm Gigabox Hosting LLC's goodwill, business reputation, and operations. Subscribers violate Gigabox Hosting LLC policy and the service agreement when they, their users, customers, subscribers, employees, affiliates, or subsidiaries engage in activities described below.
  2. Scope. This AUP governs the Subscriber or third party usage of products and services (the 'Services') of Gigabox Hosting LLC. This AUP is incorporated by reference into each contract Gigabox Hosting LLC or any such third party enters into with a Subscriber for the use of such Services. Gigabox Hosting LLC may modify this AUP at any time without notice. The AUP is referenced in the Terms of Service applicable to the Web site of Gigabox Hosting LLC. This means no person who utilizes the Web site or services of Gigabox Hosting LLC (regardless of whether that person is a Subscriber) may take any action against Gigabox Hosting LLC for any prohibited actions performed while utilizing the Gigabox Hosting LLC website.
  3. Purpose. The purpose of this AUP is to protect Subscribers, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This AUP applies to each Subscriber of Gigabox Hosting LLC Products and Service.
  4. Site Security and Updates. Gigabox Hosting LLC uses sophisticated means of security in connection with the Services. Subscriber's explicitly are obligated and responsible for maintaining and controlling passwords to Subscriber's web site(s). Subscriber is solely responsible for all activities that occur in connection with Subscriber's user name, password, and registered domain name(s), as well as any and all scripts or programs added to the account by the Subscriber or authorized users. Subscriber agrees to immediately notify Gigabox Hosting LLC of any unauthorized uses of the Service or any other breaches of security. It is solely the responsibility of the Subscriber update and secure any programs or scripts available via the cPanel interface. Subscriber's failure to update and secure any programs or scripts available via the cPanel interface may result in Gigabox Hosting LLC either updating the programs and scripts or suspending your account services until they are updated. Gigabox Hosting LLC will not be liable for any loss or damages of any kind caused by Subscriber's failure to comply with any of the foregoing security obligations. In addition, Gigabox Hosting LLC will not be liable for any loss or damages caused by any person to whom Subscriber grants access to Subscriber's Services, or due to any updates performed by Gigabox Hosting LLC as a result of the terms of this section.
  5. Dedicated Hosting Password Policy. So that we can perform datacenter security audits, Gigabox Hosting LLC reserves the right to reset the password on a dedicated server if the password on file is not current. To prevent forced password resets, it is the responsibility of the Subscriber to ensure that there is a valid email address and current root password for the Subscriber's dedicated server on file. Gigabox Hosting LLC reserves the right to audit servers and perform administrative actions as needed. It is required that you use a secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed and your password is found to be weak, we will notify you to change/update your password. Subscribers account may be suspended until the weak password has been remedied.
  6. Prohibited Uses. The following uses of Gigabox Hosting LLC Products and Services are Prohibited. A Subscriber, or any affiliate of Subscriber (as determined at the sole discretion of Gigabox Hosting LLC), engaging in any of the prohibited activities below will constitutes a material breach of these Terms and will subject Subscriber's account to immediate termination without notice and without any refund.
  1. Spamming. Spamming is prohibited. "Spamming" includes, but is not limited to, the sending of unsolicited bulk and/or commercial messages over the Internet, maintaining an open SMTP policy, or sending to any mailing list that is not double opt in. Gigabox Hosting LLC requires that all email messages contain an automated opt out. We do not allow purchased lists. Gigabox Hosting LLC's Subscribers are required to follow all rules in the United States Federal Can Spam Act as well as our company spam rules. Gigabox Hosting LLC reserves the right to determine, at its sole discretion, whether e-mail recipients were part of an opt-in email list. Whether it has been determined SPAM or not, Gigabox Hosting LLC allows a MAXIMUM of 500 emails per hour to be sent from any individual hosting account.
  2. Prohibited Offerings. No Subscriber may utilize the Services to provide, trade, purchase, sell or offer to sell the following: pornography, nudity, sexual products, programs or services; escort services or other content deemed adult related; controlled substances; illegal drugs and drug contraband; weapons; pirated materials; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others' intellectual property or information; information used to illegally harm any people or animals; instructions on making, assembling or obtaining illegal goods or weapons to attack others.
  3. Child Pornography. The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. As required by law, Gigabox Hosting LLC will notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.
  4. Private Information and Images. Subscribers may not post or disclose any personal or private information about or images of children or any third party without the consent of said party (or a parental consent for minors).
  5. Profanity. Profanity or profane subject matter in the site content and in the domain name are prohibited.
  6. Misrepresentation of Transmission Information. Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.
  7. Violations of Intellectual Property Rights. Any violation of any person's or entity's intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. As required by law, Gigabox Hosting LLC will remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (please see the Copyright Claims Policy).
  8. Hacking. "Hacking" and related activities are prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities with intent on hacking.
  9. Viruses and Other Destructive Activities. Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Subscriber to engage in other activity that is intended to disrupt or interfere with the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.
  10. Anonymous Proxies. Gigabox Hosting LLC does not allow the use of anonymous proxy scripts on its servers.
  11. Export Control Violations. The exportation of encryption software outside of the United States and/or violations of United States law relating to the exportation of software is prohibited. Subscriber may not export or transfer, directly or indirectly, any regulated product or information to anyone outside the United States without complying with all applicable statues, codes, ordnances, regulations, and rules imposed by U.S. federal, state or local law, or by any other applicable law.
  12. Other Illegal Activities. The use of the Services to engage in any activity that is determined by Gigabox Hosting LLC at its sole discretion, to be illegal is prohibited. Gigabox Hosting LLC will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
  13. Obscene, Defamatory, Abusive or Threatening Language. Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.
  15. Other Activities. Under Gigabox Hosting LLC's sole discretion, any activity that disrupts, interferes with or is harmful to the Services, Gigabox Hosting LLC's business, operations, reputation, goodwill, Subscribers and/or Subscriber relations, or the ability of Gigabox Hosting LLC's Subscribers to effectively use the Services is prohibited. The failure of Subscriber to cooperate with Gigabox Hosting LLC in correcting or preventing violations of these Terms will constitutes a violation of these Terms by Subscriber.
  16. HIPAA Disclaimer. We are not "HIPAA compliant." Users are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. Users acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Gigabox Hosting LLC does not control or monitor the information or data you store on, or transmit through, our Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act ("HIPAA"). Customers requiring secure storage of "protected health information" under HIPAA are expressly prohibited from using this Service for such purposes. Storing and permitting access to "protected health information," as defined under HIPAA is a material violation of this User Agreement, and grounds for immediate account termination. We do not sign "Business Associate Agreements" and you agree that Gigabox Hosting LLC is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, please contact our Support Team.