GIGABOX ACCEPTANCE OF TERMS OF SERVICE


  1. As a precondition and requirement to use the services available from Gigabox Hosting LLC, you and for the company or other person(s) you may represent ("Subscriber" or "Subscribers", as applicable), hereby accept and agree to these Terms of Service ("TOS"). These TOS are effective immediately between the Subscriber and Gigabox Hosting LLC Inc. Each Subscriber is subject to these TOS, and by using Gigabox Hosting LLC's services, network and/or systems (collectively the "Services"), Subscriber agrees to be legally bound by and subject to all terms and conditions contained in these TOS, including as well all usage and other Gigabox Hosting LLC policies. These TOS are also incorporated into the individual service agreement of each Subscriber. IF YOU DO NOT FULLY AND COMPLETELY AGREE TO THE TERMS OF THE AGREEMENT AND YOU, AS A RESPONSIBLE USER, CHOOSE TO CONTINUE TO USE THE SERVICES, YOU WILL BE BOUND TO THE TERMS OF THE AGREEMENT.
  2. Gigabox Hosting LLC goal is to provide the best web hosting service to each of its Subscribers. Gigabox Hosting LLC also attempts to stay at the forefront of new and available technologies that will better serve our Subscribers. Because of changing technologies, changing laws and the individual and collective needs of our Subscribers, Gigabox Hosting LLC reserves the right, to change or modify, add or remove all or any part of these TOS at any time with or without notice.
  3. Gigabox Hosting LLC will indicate at the bottom of these TOS the date these TOS were last revised.
  4. If an individual, Subscriber represents and warrants that he or she is at least 18 years old and otherwise legally competent in all respects to be bound by these TOS. If Subscriber represents an entity, he or she represents and warrants that Subscriber is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing, and possesses all legal authority and power to accept and be bound by these TOS. Additionally, Subscriber represents and warrants that he, she, or it is not prohibited under any part of section 16 of these TOS from registering or signing up with, subscribing to, or receiving any of the Services from Gigabox Hosting LLC. Further, Subscriber represents and warrants all information provided to Gigabox Hosting LLC has been and is complete, accurate, and current, and that Subscriber shall continue to provide complete, accurate and current information to Gigabox Hosting LLC as it pertains to registration or renewal processes and further agrees to update all such information when necessary to keep accurate information. A parent or legal guardian of a minor may obtain an account on the minor's behalf, and by doing so, consents to such minor's use of the Services, accepts and agrees to be legally bound by these TOS, and assumes full responsibility and liability associated with any failure of compliance with the TOS in connection with said minor's use of any of the Services.
  5. Subscribers may view the most current version of these TOS at Gigabox Hosting LLC website. Any use of the Services by Subscriber, after changes, modifications, additions or deletions to these TOS are posted on the Gigabox Hosting LLC website, shall represent Subscriber's acceptance of all changes, additions, modifications or deletions. If a Subscriber does not agree to any changes to these TOS, the Subscriber's only remedy is to cancel the Subscriber's account as set forth in the Cancellation of Services section of the TOS.
  6. If Subscriber is registering a new domain name with Gigabox Hosting LLC, or using or transferring a previously registered domain name adhering with Subscriber's use of the Services, Subscriber acknowledges and agrees that Subscriber's use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN") and the Domain Registration Agreement located on Gigabox Hosting LLCs website. ICANN's Registrant Rights and Responsibilities can be found at the ICANN.org website.
ACCEPTABLE USE POLICY.
  • Under this Agreement, Subscriber shall comply with Gigabox Hosting LLC's Acceptable Use Policy ("AUP"), as amended, modified or updated from time to time by Gigabox Hosting LLC, and other agreements and policies which can be viewed under the Terms of Service section of this Web site (collectively, the "Terms of Service"), and is referenced to in this Agreement. Subscriber hereby acknowledges that it has reviewed the AUP and that the terms of the AUP are referenced in this Agreement. If there are any inconsistencies between this Agreement and the AUP, the terms of the AUP shall govern. Gigabox Hosting LLC does not intend to monitor the content that is submitted to, stored on or disseminated by Subscriber via the Service (the "User Content"). User Content includes content of Subscriber's and/or users of Subscriber's Web site. Accordingly, under this Agreement, Subscriber will be solely responsible for Subscriber's users content and activities on Subscriber's Web site. Gigabox Hosting LLC may immediately take corrective action, including removal of all or a portion of the User Content, discontinuance of any and all Services, or termination of this Agreement in the event of notice of possible violation by Subscriber of the AUP. If Gigabox Hosting LLC takes corrective action due to a violation of the AUP, Gigabox Hosting LLC will not refund to Subscriber any fees paid in advance of the action. Subscriber acknowledges and agrees that Gigabox Hosting LLC shall have no liability to Subscriber or any of Subscriber's users due to any corrective action that Gigabox Hosting LLC may take (including, suspension, termination or disconnection of Services).
LICENSE TO GIGABOX HOSTING LLC.
  • Gigabox Hosting LLC claims no ownership interest or responsibility in the content of Subscriber's web site(s). Subscriber is solely responsible for its own content and the consequences of storing or distributing Content on the Services. Subscriber affirms, represents, and warrants that it owns or have the necessary licenses, rights, consents, and permissions to distribute Content through the Services; and provides a limited license to Gigabox Hosting LLC in and to such Content solely for distribution on the Services pursuant to the TOS. In order to maintain content on Gigabox Hosting LLC's servers during the Term, by submitting content and data to Gigabox Hosting LLC, Subscriber grants to Gigabox Hosting LLC, its successors and assigns, the worldwide, royalty-free, and nonexclusive license under Subscriber's copyrights and other rights, in all material and content present in Subscriber's web site to use, distribute, display, reproduce, and create derived works from such material in any and all media. Subscriber also authorizes the downloading and printing of such material, or any portion thereof, by end-users for their personal use. This license shall terminate upon Subscriber's cancellation of the Services.
THIRD PARTY WEBSITE LINKS.
  • Gigabox Hosting LLC may contain links to third party websites. By use of the Services, you expressly relieve Gigabox Hosting LLC from any and all liability arising from your use of any third-party website.
TERM - PAYMENT - RENEWAL OF ACCOUNT AND DOMAIN
  1. Term of Service. The term of Subscriber's subscription to the Services begins upon Subscriber's acceptance of these TOS and ends as set in Cancellation of Services section of the TOS.
  2. Payment. Subject to these TOS, Subscriber agrees to pay all appropriate fees for Services in effect at the time of registration and/or renewal. Subscriber agrees to update and keep current all of Subscriber's correct billing information, email and all other contact information. It is the Subscriber's responsibility to verify that the information submitted is accurate to insure proper billing and continuation of services. Gigabox Hosting LLC may use Merchant Updater Services to receive updated billing information.
  3. Promotional Pricing. Gigabox Hosting LLC may periodically offer promotional "free" or discounted services. Such offers are only honored in conjunction with the specific promotional offers or packages to that they apply. In the event a Subscriber registers new service using a promotional package and later changes their subscription to one in which the promotional offer does not apply, Subscriber will forfeit any unused free credits offered under the promotional package and Gigabox Hosting LLC will charge Subscriber the full prevailing fees for any free credits redeemed by Subscriber under the promotional package.
  4. Automatic Renewal of Hosting Account. As a courtesy and not as a contractual obligation, fifteen (15) days prior to the expiration of Subscriber's Hosting Account or Domain(s), Gigabox Hosting LLC will automatically renew Subscriber's Account by charging the appropriate contractual fee for the non-promotional rate to Subscriber's current method of payment on file. The initial term of this Agreement shall be as stated in the Registration Form (the "Initial Term"). The Initial Term begins upon delivery of the Services to Subscriber. After the Initial Term, this Agreement shall continue for succeeding following periods (or renewal period) that equal the length of the Initial Term or such other Term and price that will be set in a notice to the customer at least thirty (30) days prior to the commencement of such succeeding period or renewal period. If the Subscriber has insufficient funds we will attempt to collect at a partial term quantity, but not changing Subscriber's current term, to continue service per the contract. After the Initial Term, Subscriber acknowledges, agrees and authorizes Gigabox Hosting LLC to automatically charge Subscriber's on-file credit card for successive or renewal periods, unless terminated or cancelled by either party under the TOS. The Initial Term and all successive renewal periods shall collectively be referred to as the "Term". Subscriber acknowledges that if the Subscriber pays for a hosting plan which qualifies for a Free Domain that the Subscriber will be provided with a digital domain registration voucher used for purchasing their Free Domain. The domain registration voucher is only valid as long as the Subscriber maintains a qualifying Free Domain hosting plan.
  5. Automatic Renewal of Domain(s). As a courtesy and not as a contractual obligation, fifteen (15) days prior to the expiration of Subscriber's domain, if registered with or if transferred to and registered with Gigabox Hosting LLC (or one of its Affiliates), Gigabox Hosting LLC will automatically renew Subscriber's domain, by charging the appropriate contractual fee to Subscriber's current method of payment on file. Subscriber acknowledges that the renewal of his/her/its Domain(s) is solely the responsibility of the Subscriber, and is not the contractual obligation of Gigabox Hosting LLC. Subscriber acknowledges and hereby releases Gigabox Hosting LLC from any and all liability for failure for any reason to renew Subscriber's Hosting Account or Subscriber's Domain(s). Subscriber acknowledges and accepts that there may be many reasons why Gigabox Hosting LLC is unable to renew Subscriber's Hosting Account or Domain, including but not limited to, inability of Gigabox Hosting LLC, for any reason, to charge renewal to Subscriber's method of payment on file and/or to contact or get response from Subscriber at the email address or phone numbers on file. Subscriber acknowledges that if not renewed for whatever reason, its Hosting Account and/or Domain(s) will expire on the Hosting Account or Domain Expiration Date. If a Domain expires, Gigabox Hosting LLC will attempt to hold the expired Domain for up to thirty (30) days as a courtesy and not as a contractual obligation. The Domain will be placed in Redemption Thirty (30) days after expiration. The Domain will be inaccessible and unable to be registered elsewhere during the Redemption period. To bring a Domain out of Redemption, Subscriber must pay a Redemption Fee, as well as a Renewal Fee for the current year. Domain registration vouchers cannot be applied toward the cost of Redemption. It will be set to Pending Delete status by the domain registry if the Domain is not redeemed within seventy-four (74) days of expiration. After the Pending Delete status expires, the Domain will be released for registration. During the Pending Delete period, the Domain will be inaccessible and unable to be recovered.
  6. Notification of Automatic Renewals. Subscriber will be notified in advance of pricing for each succeeding period (or renewal period) for all products and services with a successive or renewal period of twelve (12) months or greater. This notification will be sent to the contact email address on file for the Account.
  7. VPS and Dedicated Hosting Account Renewal. As a courtesy and not as a contractual obligation, Gigabox Hosting LLC will automatically renew Subscriber's VPS or Dedicated Hosting Account by charging the appropriate contractual fee for the non-promotional rate to Subscriber's current method of payment on file. For VPS or Dedicated Hosting Accounts with a Term of three (3) months or greater, this renewal will occur fifteen (15) days prior to the expiration of Subscriber's Account. For Hosting Accounts with a Term of one (1) month, this renewal will occur twenty-four (24) hours prior to the expiration of Subscriber's Account. Gigabox Hosting LLC shall provide notice in advance of the upcoming charge to Subscriber prior to the payment date. If a VPS or Dedicated Hosting Account that has been set to manual renewal by Subscriber expires, the Account will be suspended seven (7) days after expiration if no payment is received. The Account will be terminated If it has not been renewed after fourteen (14) days following expiration.
  8. Cancellation of Automatic Renewal of Account or Domain. Subscriber agrees to notify Gigabox Hosting LLC of Subscriber's intent to cancel automatic renewal at least sixteen (16) business days prior to the account or domain expiration date, by directing Automatic Account Renewal Cancellation Notification and/or Automatic Domain Renewal Cancellation Notification to Gigabox Hosting LLC, as applicable, by sending same via email to support@gigaboxhosting.com. This request must include verification of ownership of the hosting account and/or domain(s), as determined by Gigabox Hosting LLC.
  9. Chargebacks and Reversals. If Subscriber issues a reversal of charges without first following the below cancellation procedures, the Subscriber will be responsible for a $35.00 billing service fee. Hosting accounts that have an open dispute may be disabled for security purposes.
  10. Authority. The person registering for or renewing Gigabox Hosting LLC Services on behalf of a Subscriber that is a corporation, limited liability company, partnership, joint venture, other business entity or group of individuals, certifies that he/she has the authority to do so and as a result, binds the Subscriber's acceptance of all other Gigabox Hosting LLC Terms and Policies set forth.
CANCELLATION OF SERVICES - REFUND POLICY.
Gigabox Hosting LLC provides a 30 Day Money Back Guarantee for new hosting account registrations, subject to the following terms and conditions:
  1. Nonrefundable Fees. Fees paid by Subscriber in connection with the purchase of certificates and software, website transfer, domain privacy, and domain names are nonrefundable under these TOS. Check Refunds of $10.00 or less are also non-refundable due to processing fees, unless otherwise stated in the agreement Subscriber entered into with the individual service provider.
  2. Cancellations within First 3 Days of Registration. If Subscriber cancels the Services within three (3) calendar days of registration, Subscriber will receive a full refund of all fees paid in connection with the registration upon request, with the exception of any Nonrefundable Fees set forth in paragraph 6.1 of this section. Subscriber has the option, but not the obligation, to retain ownership and control of any promotional "Free Domain Names" registered along with the subscription. The cost for this Domain Name retention will be$15 per domain name and will be deducted from the Subscriber's refund by Gigabox Hosting LLC.
  3. Cancellations After 3 Days and Before 30 Days. If Subscriber cancels the Services after the expiration of three (3) calendar days, but prior to the expiration of thirty (30) calendar days, Subscriber will receive a refund of all fees paid in connection with the registration, with the exception of any Nonrefundable Fees set forth in 6.1 of this section and subject to the following additional mandatory reductions:
    • Free Domain Names: If Subscriber registers any domain name as part of a "Free Domain Name" promotion along with the registration, Gigabox Hosting LLC will reduce Subscriber's refund by $15 per domain name. Subscriber will retain full ownership and control of the applicable domain names.
    • Postini/DedIP Fees paid by Subscriber in connection with Postini or for services of a Dedicated IP will be refunded at a prorated rate based on the start date of service, the length of service, and the date service was cancelled.
  4. Cancellations After 30 Days. Subscriber may cancel Services at any time, before or after automatic account renewal. Subscriber will receive a pro-rated refund for all other fees paid for Services, less $15 per "Free Domain Name," and not including any Nonrefundable Fees set forth in 6.1 of this section and any setup fees, which are nonrefundable after thirty (30) calendar days,
  5. Notice of Cancellation. Subscriber agrees to direct all cancellation requests to Gigabox Hosting LLC via email to support@gigabxhosting.com.The cancellation request must include verification of ownership of the hosting account and/or domain(s), as determined by Gigabox Hosting LLC. Subscriber must also confirm to Gigabox Hosting LLC that all emails, files, and databases are preserved and backed up somewhere other than Gigabox Hosting LLC server space. Once confirmed the cancellation can be processed following the cancellation policy located at:
GIGABOX HOSTING LLC AS RESELLER OR LICENSOR.
  • Gigabox Hosting LLC is acting merely as a reseller or licensor of certain services, hardware, software and equipment used in connection with the Services that were or are manufactured or provided by a third party ("Non-Gigabox Hosting LLC Product"). Gigabox Hosting LLC is not responsible for any changes in the Services that cause the Non-Gigabox Hosting LLC Product to become out of date, obsolete, require enhancements, changes, alterations, or affect the performance of the Services. Any malfunction or manufacturer's defects of Non-Gigabox Hosting LLC Product either licensed, sold, or provided by Gigabox Hosting LLC to Subscriber or purchased directly by Subscriber used in connection with the Services will not be considered a breach of Gigabox Hosting LLC's duties and obligations under this Agreement. Any rights or remedies Subscriber may have regarding the ownership, licensing, performance or compliance of Non-Gigabox Hosting LLC Product are limited to those rights directly extended to Subscriber by the manufacturer of such Non-Gigabox Hosting LLC Product. Subscriber is allowed to use any Non-Gigabox Hosting LLC Product supplied by Gigabox Hosting LLC only in connection with Subscriber's permitted use of the Services. Subscriber shall use its best efforts to protect and keep confidential all intellectual property provided by Gigabox Hosting LLC to Subscriber through any Non-Gigabox Hosting LLC Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than for the Services Subscriber purchased. Subscriber shall not resell, transfer, export or re-export any Non-Gigabox Hosting LLC Product, or any technical data derived from the Non-Gigabox Hosting LLC product, in violation of any applicable United States or foreign law.
POLICIES AND DEFINITIONS
  1. VPS AND DEDICATED HOSTING POLICIES
    1. Bandwidth Usage. Reseller and Dedicated Hosting accounts are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account exceed the allocated monthly amount, we reserve the right to (i) suspend the account until the start of the next month's allocation; (ii) suspend the account until more bandwidth is purchased at an additional fee; (iii) suspend the account until you upgrade to a higher level of package; (iv) terminate the account; and/or (v) charge you an additional fee for the overages. Unused bandwidth in one month cannot be carried over to the next month and bandwidth may not be pooled among multiple servers or accounts.
    2. Availability of Support. Gigabox Hosting LLC will provide a default Operating System installation on the Dedicated Server hardware that permits our staff super-user server access. Subscriber agrees and acknowledges that Gigabox Hosting LLC's ability to provide technical support to the Subscriber may be severely limited if Subscriber alters or removes this server access.
    3. Subscriber Super-user Access. Subscriber acknowledges that Subscriber is solely responsible for any changes made with super-user access and that Gigabox Hosting LLC may not be able to reverse any changes and/or recover data lost or damaged through the use of super-user privileges. Gigabox Hosting LLC's level of support to those users accessing super-user privileges will be limited as follows:
      • Reinstallation of corrupted modules, such as control panel files, web server files, etc.
      • Reinstallation of the baseline OS and core file image at Subscriber's request. Subscriber must acknowledge that they understand that a new image install will cause the complete loss of all data stored on the server.
      • Restoration of files from available backups at Subscriber's request. This restoration will be a full restore of the backup files; Gigabox Hosting LLC does not offer file-by-file restoration services.
      • Gigabox Hosting LLC will not attempt any configuration or setup of DNS, firewalls, web server, etc.
      • Gigabox Hosting LLC will attempt basic diagnostics upon Subscriber's request. Gigabox Hosting LLC does not offer in-depth manual diagnostics as part of the Service. Subscriber may contact Gigabox Hosting LLC Professional Services to inquire about additional support offerings.
  2. "UNLIMITED" USAGE POLICIES AND DEFINITIONS
    • Unlimited" usage policies and definitions apply only to shared and reseller hosting accounts.
    • What "Unlimited" means. Gigabox Hosting LLC does not limit or cap the amount of resources a single Subscriber can use. Subject to services tied to these TOS, Gigabox Hosting LLC makes every commercially and technically reasonable effort to provide its Subscribers with all the resources needed to power their web sites successfully. A website may enjoy periods of great popularity resulting in increased storage without any increase in hosting charges.
    • What "Unlimited" DOES NOT mean. For its shared hosting servers, Gigabox Hosting LLC employs procedures to protect all of its Subscribers and systems from abuse. Gigabox Hosting LLC's offering of "unlimited" services is not intended to allow the actions of a single or few Subscribers to adversely impact the performance of other Subscribers. Shared hosting services means that multiple Subscribers are hosted from the same server and share server resources. Gigabox Hosting LLC's shared service is designed to meet the typical needs of small and home business website Subscribers in the United States. It is NOT intended to support the high resource demand of large organizations, internationally based businesses, or non-typical applications that would normally require dedicated servers. Gigabox Hosting LLC will make every commercially and technologically reasonable effort to make available additional resources to Subscribers who are using their website(s) in adherence to the TOS, including moving Subscribers to newer and bigger shared servers as necessary. However, in order to ensure a quality experience for all Subscribers, Gigabox Hosting LLC does employ safeguards to protect against any one site growing too rapidly and adversely impacting the shared hosting system. Gigabox Hosting LLC will evaluate in a commercially and technologically reasonable manner resource needs accordingly.
    • Unlimited Hosting Space; excessive MySQL files. Gigabox Hosting LLC does not set arbitrary limits on the amount of disk space a Subscriber can use for the Subscriber's website, nor does Gigabox Hosting LLC charge additional fees based on an increased amount of storage used, provided the Subscriber's use of storage complies with these TOS. Please note, however, that the Gigabox Hosting LLC service is designed to host websites. Gigabox Hosting LLC does NOT provide unlimited space for online storage, backups, or archiving of electronic files, documents, log files, etc., and any such prohibited use of the Services will result in the termination of Subscriber's account, with or without notice. Accounts with a large number of files (inode count in excess of 200,000) can have an adverse affect on server performance. Similarly, accounts with an excessive number of MySQL/PostgreSQL tables (i.e., in excess of 1000 database tables) or of database size (i.e., in excess of 3GB total MySQL/PostgreSQL usage or 2GB MySQL/PostgreSQL usage in a single database) negatively affect the performance of the server. Gigabox Hosting LLC may request that the number of files/inodes, database tables, or total database usage be reduced to ensure proper performance or may terminate the Subscriber's account, with or without notice.
    • Unlimited File Transfer. Gigabox Hosting LLC does not set arbitrary limits on the amount of visitor traffic a web site can receive or on the amount of content a Subscriber can upload to his/her/its website in a given month, nor does Gigabox Hosting LLC charge additional fees based on increased use of bandwidth, as long as the Subscriber's use of the Services complies with these TOS. In most cases, a Subscriber's web site will be able to support as much traffic as the Subscriber can legitimately acquire. However, Gigabox Hosting LLC reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other Subscribers.
    • Unlimited Domain Hosting. Gigabox Hosting LLC does not set arbitrary limits on the number of domain names a Subscriber can associate with the Subscriber's web hosting account.
  3. ON-LINE STORAGE AND USAGE POLICIES
    • To access or benefit from some of the Services or features on Gigabox Hosting LLC, you will have to create a Gigabox Hosting LLC account. You are responsible for maintaining the confidentiality of your access information and are responsible for all activities that occur utilizing your information. Although Gigabox Hosting LLC will not be liable for any losses you might suffer, you may be liable for the losses of Gigabox Hosting LLC or others
PARKED PAGE SERVICES.
  • Gigabox Hosting LLC provides Parked Page Services on domains registered through or hosted with Gigabox Hosting LLC. User can opt out of the Parked Page Services at any time by simply replacing the default web page on the parked domain or pointing the DNS away from Gigabox Hosting LLC. By using any of the Parked Pages Services, User agrees that Gigabox Hosting LLC may point the domain name or DNS to one of Gigabox Hosting LLC's or Gigabox Hosting LLC's affiliates web pages, and that they may place advertising on User's web page and that Gigabox Hosting LLC specifically reserves this right. User shall have no right to any compensation and shall not be entitled and shall have no right to receive any funds related to the monetization of User's Parked Pages. User agrees to indemnify and hold harmless Gigabox Hosting LLC for any complications arising out of use of the Parked Page Services, including, but not limited to, actions Gigabox Hosting LLC chooses to take to remedy User's improper or illegal use of a Web site hosted by Gigabox Hosting LLC. User agrees it is not entitled to a refund of any fees paid to Gigabox Hosting LLC. If a dispute arises as a result of one or more of User's Parked Pages, User will indemnify, defend and hold Gigabox Hosting LLC harmless for damages arising out of such dispute. User also agrees that if Gigabox Hosting LLC is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a Web site hosted by Gigabox Hosting LLC that Gigabox Hosting LLC, in its sole discretion, may take whatever action Gigabox Hosting LLC deems necessary regarding further modification, assignment of and/or control of the Web site to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.
RESELLER AGREEMENT.
In addition to all terms and conditions described in this Agreement, the following also applies to Resellers, including VPS, Dedicated Hosting and Cloud Business IT Solution Customers utilizing their Account to provide Reseller services.
  1. The Reseller agrees, on behalf of the Reseller and each user signed up by the Reseller, to comply with these Terms of Service.
  2. Resellers assume all responsibility for billing and technical support for each of their Users. Gigabox Hosting LLC reserves the right to refuse inquiries made to customer support from the customers of Resellers.
  3. Users who have been signed up by Resellers agree to operate their Web sites in accordance with the Terms of Service.
  4. Gigabox Hosting LLC is not responsible for the actions or misrepresentations of Resellers. The Reseller hereby agrees to indemnify Gigabox Hosting LLC from and against any and all claims made by any user that result from the Reseller's misrepresentation, breach of the Terms of Service or other improper actions by the Reseller.
  5. In the event that a Reseller or a Reseller's user is determined to be in violation of the Terms of Service, the Reseller shall, upon receipt of notice of the violation, take prompt action to ensure that the account in question is updated to be in full compliance with the Terms of Service.
  6. Resellers cannot make any modifications to the Terms of Service. Any such alterations shall be deemed a violation of the Terms of Service and could result in a cancellation of a Reseller's account(s). Gigabox Hosting LLC is not responsible for any modifications made to the Terms of Service by Resellers.
  7. Gigabox Hosting LLC reserves the right to revise its Reseller Programs, Terms of Service at any time. Changes shall take effect when posted online or on any subsequent date as may be set forth in any required notice provided by us in connection therewith.
VIRTUAL PRIVATE SERVERS (VPS) OR VIRTUAL DEDICATED SERVERS.
When creating a VPS account, we split dedicated servers into independent areas, referred to as "Containers". Each Container is allotted its own disk space, CPU power, bandwidth, and memory. This isolation of server space allows for independent server customization for which each User is responsible. In addition to all terms and conditions described in this Agreement, the following shall also be applicable to VPS Users:
  1. Each User is solely responsible for providing the firewalls, software, web files, content and operating systems for the User's Container.
  2. Each User is solely responsible for all installation, maintenance, security and backup of the operating system, software, files and data used in the User's Container, as well as any reinstalls and changes.
  3. Each User is solely responsible for all activities conducted in connection with the User's Container.
PROPERTY RIGHTS.
  • These TOS do not give Subscriber any rights in Gigabox Hosting LLC intellectual property or technology. Gigabox Hosting LLC and related trademarks and logos are the exclusive property of Gigabox Hosting LLC. Gigabox Hosting LLC and Subscriber agree that neither will, directly or indirectly, reverse engineer or decompile code, nor otherwise seek to obtain source code or trade secrets of the other party. However, nothing shall keep Gigabox Hosting LLC from using any knowledge, information or skills that are generally known or that can be learned or otherwise acquired in the normal course of business.
DISCLAIMER OF WARRANTY.
  • You Agree That Your Use Of The Services Shall Be At Your Sole Risk. To The Fullest Extent Permitted By Law, Gigabox Hosting Llc, Its Officers, Directors, Employees, And Agents Disclaim All Warranties, Express Or Implied, In Connection With The Services And Your Use Thereof. You, The Subscriber, Acknowledge That The Services And The Software Are Provided "As Is, As Available" Without Any Warranty Of Any Kind. Gigabox Hosting Llc Hereby Disclaims Any Warranty Or Condition With Respect To The Quality, Performance Or Functionality Of The Services And Software, Or With Respect To The Quality Or Accuracy Of Any Information Obtained From Or Available Through Use Of The Services And Software, Or That The Services And Software Will Be Uninterrupted, Error-Free Or Free Of Viruses Or Other Harmful Components. The Services And Software May Contain Errors. Neither Gigabox Hosting Llc Nor Any Provider Of Any Third Party Content Warrants That The Services Will Be Uninterrupted Or Error Free Or Makes Any Warranty Of The Results To Be Obtained From Use Of The Services Or Content. Gigabox Hosting Llc Disclaims All Warranties Or Conditions, Express, Implied Or Statutory Including, Without Limitation, Warranties Or Conditions Of Quiet Enjoyment And Non-Infringement And Any Implied Warranties Or Conditions Of Merchantability, Title, Fitness For A Particular Purpose, Merchantability Of Computer Programs And Content. Gigabox Hosting Llc Does Not Guarantee That Users Will Be Able To Use The Services At Times Or Locations Of Their Choosing. Gigabox Hosting Llc Does Not Warrant That The Services Are Compatible With Any Third Party Service Or Software, Even If Such Third Party Claims, Represents Or Warrants That Such Service Or Software Is Compatible With Any Service Or Gigabox Hosting Llc In Particular. For Clarity, Gigabox Hosting Llc Assumes No Liability Or Responsibility For Any (I) Errors, Mistakes, Or Inaccuracies Of Content, (Ii) Personal Injury Or Property Damage, Of Any Nature Whatsoever, Resulting From Your Access To And Use Of Our Services, (Iii) Any Unauthorized Access To Or Use Of Our Secure Servers And/Or Any And All Personal Information And/Or Financial Information Stored Therein, (Iv) Any Interruption Or Cessation Of Transmission To Or From Our Services, (Iv) Any Bugs, Viruses, Trojan Horses, Or The Like Which May Be Transmitted To Or Through Our Services By Any Third Party, And/Or (V) Any Errors Or Omissions In Any Content Or For Any Loss Or Damage Of Any Kind Incurred As A Result Of The Use Of Any Content Posted, Emailed, Transmitted, Or Otherwise Made Available Via The Services. Gigabox Hosting Llc Does Not Warrant, Endorse, Guarantee, Or Assume Responsibility For Any Product Or Service Advertised Or Offered By A Third Party Through The Services Or Any Hyperlinked Services Or Featured In Any Banner Or Other Advertising, And Gigabox Hosting Llc Will Not Be A Party To Or In Any Way Be Responsible For Monitoring Any Transaction Between You And Third-Party Providers Of Products Or Services. As With The Purchase Of A Product Or Service Through Any Medium Or In Any Environment, You Should Use Your Best Judgment And Exercise Caution.
Limitation Of Liability.
  • Gigabox Hosting Llc Shall Not Be Liable For Nonperformance Or Delay In Performance Caused By Any Reason, Whether Within Or Outside Of Its Control. In No Event Shall Gigabox Hosting Llc Be Liable Under Contract, Negligence, Tort, Conversion, Copyright Infringement, Trademark Infringement, Ip Rights Holder Infringement, Strict Liability Or Any Other Legal Or Equitable Theory For Any Direct, Indirect, Incidental, Exemplary Or Consequential Damages (Including, Without Limitation, Loss Of Use, Lost Profits, Loss Of Data Or Information Of Any Kind Or Loss Of Business Goodwill Or Opportunity) Whether Or Not Gigabox Hosting Llc Has Been Advised Of The Possibility Of Such Loss Or Damages. Gigabox Hosting Llc Shall Not Be Liable For The Cost Of Procurement Of Substitute Goods, Services Or Technology. Gigabox Hosting Llc's Entire Liability And Subscriber's Exclusive Remedy With Respect To Any Use Of The Services Is The Cancellation Of Subscriber's Account As Set Forth Herein. In No Event Shall Gigabox Hosting Llc's Liability To You, The Subscriber, Exceed The Greater Of One Dollar ($1.00) Or Any Amounts Actually Paid In Cash By You, The Subscriber, To Gigabox Hosting Llc For The Prior One Month Period. No Action, Regardless Of Form, Arising Out Of These Terms Of Services Or Out Of The Services May Be Brought By You, The Subscriber, More Than One Year After The Event Which Gave Rise To The Cause Of Action Otherwise, Such Cause Of Action Is Permanently Barred. The Limitations Of Damages Set Forth Above Are Fundamental Elements Of The Basis Of The Bargain Between Gigabox Hosting Llc And You. Some Jurisdictions Do Not Allow A Limitation On Liability For Negligence That Causes Death Or Personal Injury And, In Such Jurisdictions, Gigabox Hosting Llc's Liability Shall Be Limited To The Greatest Extent Permitted By Law.
  • The Services are controlled and offered by Gigabox Hosting LLC from its facilities in the United States of America. Gigabox Hosting LLC makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
INDEMNIFICATION.
  • You, the Subscriber, agree to defend, indemnify and hold Gigabox Hosting LLC, its affiliates and the respective directors, officers, employees, agents, information providers and licensors harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of these Terms of Services or use by you or any third party of the Services, except to the extent the foregoing directly result from Gigabox Hosting LLC's own gross negligence or willful misconduct. Gigabox Hosting LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, the Subscriber.
MISCELLANEOUS
  1. Backups. Under no obligation or duty to Subscriber to do so under these Terms of Services, Gigabox Hosting LLC, for its own operational purposes periodically backs up data on its servers. IT IS SOLELY THE DUTY AND RESPONSIBILITY OF THE SUBSCRIBER TO BACKUP SUBSCRIBER'S FILES AND DATA ON GIGABOX HOSTING LLC SERVERS, AND under no circumstance will Gigabox Hosting LLC be liable to anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of Subscriber FILES AND/or data on any Gigabox Hosting LLC server. Gigabox Hosting LLC WILL NOT attempt to back up accounts that exceed 50,000 files or 30 Gigs of space FOR ANY REASON.
  2. Monitoring and Disclosures. All activities occurring on or using the Services or any website hosted by Gigabox Hosting LLC may be monitored, recorded, and examined by any authorized person, including law enforcement. In general, Gigabox Hosting LLC does not monitor its Subscribers' websites or activities to determine whether they are in compliance with these TOS. However, when and if Gigabox Hosting LLC becomes aware of any violation of these TOS, Gigabox Hosting LLC may take any lawful action. In the event of illegal activity, Gigabox Hosting LLC will take action, to stop or correct such violation, including, but not limited to, shutting down a website, denying access to the Services or to the Internet via Gigabox Hosting LLC, and/or removing non-complying information. In addition, Gigabox Hosting LLC may take any lawful action against a Subscriber or anyone utilizing the Subscribers account because of activities in violation of the TOS. Gigabox Hosting LLC reserves the right to take any such action even though such action may affect other subscribers or anyone utilizing the Subscribers account. Gigabox Hosting LLC may disclose any information in its possession, including, without limitation, information about Subscribers, internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, governmental request, or other legal process to protect Gigabox Hosting LLC or others from harm, and/or to ensure the proper operation of the Services. Gigabox Hosting LLC has no obligation to notify any person, including the Subscriber about whom information is sought, that Gigabox Hosting LLC has provided the information.
  3. Accurate Account Information. In order to avoid termination of Subscriber's Gigabox Hosting LLC account(s), Subscriber must keep accurate and current Subscriber's contact information stored and saved on Gigabox Hosting LLC.
  4. Duty to Notify Gigabox Hosting LLC of Breach. If Subscriber discovers anyone on the Gigabox Hosting LLC system violating any of these TOS or notices anything suspicious from the Gigabox Hosting LLC network, Subscriber agrees to report the violation or suspicious activity to support@gigaboxhosting.com for investigation. Gigabox Hosting LLC reserves the right to and will immediately terminate any account which Gigabox Hosting LLC concludes to be in violation of any of these TOS.
  5. Reservation of Rights. Gigabox Hosting LLC reserves the right to refuse or to cancel service to any prospective Subscriber or existing Subscriber for any lawful reason at any time.
  6. Severability. These TOS are binding upon Gigabox Hosting LLC, all existing and prospective Subscribers, and upon the assigns, heirs, and successors of each. If any provision of these TOS is held by any court of competent jurisdiction to be invalid or otherwise unenforceable, the rest of these Terms shall, nevertheless, continue to be valid and in full force and effect, to the extent said remaining Terms are then otherwise consistent with the original intent of the Terms of Service.
  7. Governing Law. These Terms of Service shall be construed in accordance with the laws of the State of Texas without reference to conflict of law principles. The United Nations Convention on the International Sale of Goods shall not apply and is hereby expressly excluded. You and Gigabox Hosting LLC each irrevocably consent to the personal jurisdiction of the federal or state courts located in Harris County, Texas ("Courts") with respect to any action, suit or proceeding arising out of or related to the Agreement or to the Services and /or Content and waive any objection to venue in any of the Courts for such as action, suit or proceeding; additionally, you agree that you will not bring any such action, suit or proceeding in any court other than the Courts.
PROHIBITED PERSONS (COUNTRIES, ENTITIES, AND INDIVIDUALS)
  1. Sanctioned Countries. The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that, with respect to all or certain commercial activities that would otherwise occur between i) the United States, its citizens or residents on the one hand and ii) the governments, citizens, or residents of certain other countries ("Sanctioned Countries") on the other hand, said commercial activities are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded. "Sanctioned Countries" shall be deemed automatically to be added to or otherwise modified from time to time consistent with the determination(s) of the government of the United States, and shall include all other countries with respect to which commercial activities are prohibited, embargoed, sanctioned, banned and/or otherwise excluded by determination(s) of the government of the United States from time to time.
    1. Each Sanctioned Country, all governmental, commercial, or other entities located therein, and all individuals located in any Sanctioned Country are hereby prohibited from registering or signing up with, subscribing to, or using any service of Gigabox Hosting LLC.
    2. Each individual which is a National or Citizen of a Sanctioned Country is hereby prohibited from registering or signing up with, subscribing to, or using any service of Gigabox Hosting LLC, regardless of where said individual is located.
    3. Country-Code Top Level Domain Names for any Sanctioned Countries are hereby prohibited from use in connection with any service of Gigabox Hosting LLC.
  2. Prohibited Organizations/Entities. The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that certain organizations and/or entities (collectively "Prohibited Organizations/Entities" and individually "Prohibited Organization/Entity") are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded from all or certain commercial transactions with the United States, its citizens and residents. The Prohibited Organizations/Entities are those as set forth in the applicable records of the government of the United States, including without limit those set forth at: http://www.ustreas.gov/ofac; and, http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx, as said determinations and resulting records may be amended, updated, or otherwise modified from time to time.
    1. Each Prohibited Organization/Entity is hereby prohibited from registering or signing up with, subscribing to, or using any service of Gigabox Hosting LLC.
  3. Prohibited Individuals. The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that certain individuals (collectively "Prohibited Individuals" and individually "Prohibited Individual"), including without limit, certain Specially Designated Nationals are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded from all or certain commercial transactions with the United States, its citizens and residents. The Prohibited Individuals are those as set forth in the applicable records of the government of the United States, including without limit those set forth at: http://www.ustreas.gov/ofac; and, http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx, as said determinations and resulting records may be amended, updated, or otherwise modified from time to time.
    1. Each Prohibited Individual is hereby prohibited from registering or signing up with, subscribing to, or using any service of Gigabox Hosting LLC.
  • IF YOU, FOR YOURSELF OR ON BEHALF OF ONE OR MORE PERSONS YOU ARE REPRESENTING WITH RESPECT TO GIGABOX HOSTING LLC SERVICES, DO NOT AGREE TO ANY OF THE FOREGOING TOS, YOU MUST, FOR YOURSELF AND ON BEHALF ANY SUCH PERSON(S), DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY A MEMBER, CANCEL YOUR GIGABOX HOSTING LLC ACCOUNT. BEGINNING NOW, ANY CONTINUATION BY YOU IN USING THE SERVICES CONSTITUTES FOR YOU AND THOSE REPRESENTED BY YOU AN EXPRESS AFFIRMATION AND COMMITMENT TO BE (OR TO CONTINUE TO BE, AS APPLICABLE) LEGALLY BOUND BY AND TO COMPLY WITH ALL OF THESE TERMS OF SERVICE.
  • This file was last modified Oct1, 2013.
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