All services provided by GigaPros are to 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 Local law is prohibited. This
includes, but is not limited to copyrighted material, material we judge to be
threatening or obscene, material that jeopardizes national security, or material
protected by trade secret or other laws. The subscriber agrees to indemnify and
hold GigaPros harmless from any claims resulting from the subscriber's use of
GigaPros' services which damages the subscriber or any other party.
Explicit Adult Content NOT Allowed
Hosting websites with pornography and/or sex related merchandising are strictly
prohibited at GigaPros. Hosting websites with explicit nude contents or linking
such content from elsewhere are strictly
prohibited at GigaPros.
EXCEPTION: Adult websites WITHOUT any explicit nude content and WITHOUT
any sex related merchandising ARE ALLOWED. Some examples of such sites
are: Adult Dating Sites, Adult Clubs & Bars etc.
Examples of PROHIBITED content or links include (but are not limited to):
GigaPros will be the sole arbiter as to what constitutes a violation of this
provision. Content that does not meet these standards will be removed without
prior notice to the subscriber.
- Adult sites
- Warez sites
- PHP Shells
- Proxy scripts
- Gambling sites
- Torrents & P2P
- Carder sites or forums
- Unlicensed Banking sites
- Ponzi / Pyramid schemes
- Phishing & Fraudulent sites
- Racism, Violence, Hate sites
- Child pornography of any sort
- Sites selling unlicensed software
- Pirated software, IRC software
- Hacking sites, programs or archives
- Game servers including dedicated game server programs
- HYIP Sites, HYIP Monitors, E-Currency Exchange Sites
- Sites distributing hacking tools, data, products or services
- Distribution of music files or any other material in which the account
holder does not own the copyright
Housing of any of the following files is considered
a violation of the terms of service:
IRC - We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be
operated on our servers or network. Files with references to IRC or any likeness
thereof are prohibited. Also any program that acts like an IRC server or that
provide chat functions that run as background processes are not allowed.
Proxies - We do not allow proxy servers of any kind, whether for
personal or business use. Files with references to any proxy or likeness thereof
Port Scanning - We do not allow any kind of port scanning to be done
on or from our servers or network.
SPAM, Commercial Advertising and Emails:
- Spamming: Sending of unsolicited email, from any GigaPros server or
any server located on the GigaPros network is STRICTLY prohibited. GigaPros
will be the sole arbiter as to what constitutes a violation of this
provision. This also includes Optin / Optout mail programs and mail that
either directly or indirectly references a domain contained within an
account at GigaPros.
- Running Unconfirmed Mailing Lists: Subscribing email addresses to
any mailing list without the express and verifiable permission of the email
address owner is prohibited. All mailing lists run by GigaPros customers
must be closed-loop ("Confirmed Opt-in"). The subscription
confirmation message received from each address owner must be kept on file
for the duration of the existence of the mailing list. Purchasing lists of
email addresses from third parties for mailing to or from any GigaPros
hosted domain, or referencing any GigaPros account, is prohibited.
- Commercial / Mass Mailing: Any kind of mass mailings, including
commercial advertisement mails, are strictly prohibited. This prohibition
applies even if the recipients have opted to receive advertisements
- Blacklisting of Website / Server IPs: If your website's IP(s) or
your server's IP(s) or VPS IP(s) get blacklisted, your service will be
liable to be terminated without any warning & refund. The blacklist
status of your IP(s) will be checked using these tools: MxToolbox.com
The IPs generally get blacklisted due to abuse activities like spamming,
hacking, phishing etc, which are strictly against our terms of service.
- Advertising, transmitting, or otherwise making available any software,
program, product, or service that is designed to violate this AUP or the AUP
of any other Internet Service Provider, which includes, but is not limited
to, the facilitation of the means to send Unsolicited Bulk Email, initiation
of pinging, flooding, mail-bombing, denial of service attacks is prohibited.
- Email address cultivating, or any unauthorized collecting of email
addresses without prior notification of the email address owner is strictly
- Operating an account on behalf of, or in connection with, or reselling any
service to, persons or firms listed in the Spamhaus Register of Known Spam
Operations (ROKSO) database at www.spamhaus.org is prohibited.
ShoutCast Servers - We do not allow Shoutcast Servers due to bandwidth
and load issues.
Background Running Programs - We ask that users request permission
before enabling persistent background processes of substantial load. Unauthorized background processes shall result in
immediate suspension or termination of the account. GigaPros maintains the right to cancel
accounts at its own discretion.
PHP Shell - PHP Shells or any likeness thereof are prohibited. Files
with any reference to PHP Shells or likeness thereof are prohibited.
Backup Storage - Using a Personal or
Semi-Dedicated hosting account as a backup/storage device is NOT permitted, with the exception of
ONE cPanel backup of the same account. Please do not store backups of your
File Download Server - Using a
Personal or Semi-Dedicated hosting account as a file download server (or a
transloader) is NOT
permitted. Please use your own external server to store your download files and
link to it.
Server Abuse - Any attempts to undermine or cause harm to a GigaPros
server or subscriber of GigaPros is strictly prohibited including, but not
You will be held responsible for all actions performed by your account
whether it be done by you or by others.
- Logging into a server or account that you are not authorized to access.
- Accessing data or taking any action to obtain services not intended for
you or your use.
- Attempting to probe, scan or test the vulnerability of any system,
subsystem or network.
- Tampering, hacking, modifying, or otherwise corrupting or breaching
security or authentication measures without proper authorization.
- Transmitting material that contains viruses, trojan horses, worms, time
bombs, cancelbots or other computer programming routines or engines with the
intent or effect of damaging, destroying, disrupting or otherwise impairing
a computer's functionality or the operation of the system.
- Interfering with, intercepting or expropriating any system, data or
- Interfering with service to any user, host or network including, without
limitation, by means of overloading, flooding, mailbombing or crashing any
All customers at GigaPros must strictly adhere to the above policies.
Scheduled Maintenance and Downtime
GigaPros will use its commercially reasonable efforts to provide
services 24 hours a day, 7 days a week. Subscriber acknowledges that from time
to time the services may be inaccessible or inoperable for various reasons,
including periodic maintenance procedures or upgrades ("Scheduled
Downtime"); or service malfunctions, and causes beyond the control of
GigaPros or which are not reasonably foreseeable by GigaPros, including the
interruption or failure of telecommunications or digital transmission links,
hostile network attacks, or network congestion or other failures. GigaPros will
provide at least 48 hours advance notice to the subscriber for Scheduled
Downtimes, and will use commercially reasonable efforts to minimize any other
disruption, inaccessibility and/or inoperability of its servers. GigaPros
has no responsibility for downtime resulting from a user's actions.
Money Back Guarantee and Refund Policy
The money back guarantee and refund policy at GigaPros is clearly published
Any violation of GigaPros' Terms of Service Agreement shall result
in no refund.
Limitations on Use of Server Resources
The resource usage limits for hosting accounts at GigaPros are
here. If your account exceeds our published resource limits, we will
notify you about the situation and will give you a fair chance to rectify the overage
issue. During that time, you may investigate your website contents / scripts /
databases etc to find out the cause of overage and take suitable corrective actions.
If you still do not rectify the overage issue within 7 days, your account will
be subject to suspension. If the overage issue still prolongs further without
any resolution from you, your account will be subject to termination. If your
account is terminated due to resource overage issue, you will be charged a fee
for Resource Overage Penalty for the entire duration of the overage, the amount
of which will vary depending on the type of resources and the extent of damage
due to the overage (like: server slowness, server crash etc).
Account Setup, Renewal, Termination and Billing:
During the initial account setup, the account will be charged on the day the order is processed, regardless of the account billing date. During the account renewal, the account will again be charged 1 day prior to the next billing cycle date to ensure uninterrupted service.
Disabling of Accounts Due to Overdue Payments: Dedicated Servers will be
disabled if the renewal payment is not received by the due date. For all other
products, accounts will be
disabled if the renewal payment is not received within 2 days of the invoice date. If your
account has been disabled (suspended), you may be charged a reconnection fee of up to $50 in
order to re-enable your account.
Termination of Accounts Due to Overdue Payments: For overdue invoices, if the account is not
paid within the grace period (counting from the invoice due date), the account will be terminated and
all information within the account will be permanently deleted from the server.
No backup will be maintained for a terminated account. The grace period for
Dedicated Servers is 1 day and for all other products is 14 days.
Termination of Accounts Due to Chargebacks: If we receive a chargeback
from your Creditcard company or Paypal, your account will be terminated immediately
without any further notice to you. During your account termination process, all
the contents of your account will get permanently deleted, without any backup.
Cancellation Procedure: Valid proof of account ownership will be
required to terminate an account. This includes, but is not limited to, billing
information in the form of a partial credit card number or other payment
information, or the billing password. Non-secure information, such as the
contact email address or account billing address, is not sufficient as a
security verification. All cancellation requests must be submitted at
Transferring Out Domain Name: GigaPros shall not be held responsible
for transferring out any domain. The account holder is responsible for
completing any necessary domain name transfers from GigaPros to other domain
registrars as chosen by the account holder.
Free Domain Name Registration: This clause is applicable if the
"Free Domain" promotional offer is currently active at GigaPros. GigaPros will register any available
.com, .net, .biz, .info, .name, .us or .org domain for free upon creation of a
new account. The free domain offer does not apply to existing accounts, or to
orders that did not request the free domain registration at the time the order
was placed. Free domain registration is for the first year only. Subsequent renewals are subject
to normal domain renewal prices as published
Courtesy Services for Customers
All services such as backup and CPanel are provided for the courtesy of the
subscriber. It is the sole responsibility of the subscriber to maintain the
subscriber's own backup of any data. GigaPros is not responsible for lost data
or for lost data due to third party software that is not maintained by GigaPros
programming staff. CPanel is not associated with GigaPros.
- Terms of Service are subject to change without any prior notification.
- These Terms of Service are a legally binding contract between the subscriber
- By opening an account, the subscriber agrees to the above-stated terms.
- Anything not listed in the Terms of Service is open to interpretation and
change by GigaPros without prior notice.
- All prices, with the exception of 30-days Money Back Guarantee, are non-refundable
- The 30-Days Money Back guarantee is applicable to Shared Hosting only. It is
NOT applicable to any other services like domain registration, dedicated IP, SSL
- Any violation of these Terms of Service will result in termination of the
account. GigaPros maintains the right to terminate accounts without prior
- We reserve the right to remove any account with 15 days prior notice.
Any dispute between GigaPros and a subscriber shall be determined by arbitration
conducted by the American Arbitration Association pursuant to its commercial
arbitration rules. The arbitrator shall decide any dispute in accordance with
California law, without the application of choice of law principles. Each party
shall bear its own expenses and legal fees for the arbitration. The arbitration
shall be conducted in Los Angeles County, California, unless both parties agree
in writing to a different location. The arbitration award is enforceable as a
judgment of any court having proper jurisdiction.
Limitation of Damages
Recovery of damages from GigaPros may not exceed the amount of fees it has
collected on the account.