Terms Of Service Agreement

Content 
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, a 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):

• 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

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.

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 are prohibited.

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 (including double-optins).
• 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 and  multirbl.valli.org. 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 are strictly prohibited.
• 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 backups!

Media Storage – Using a Personal or Semi-Dedicated hosting account as a media storage device for your music and movies is NOT permitted, with the exception of maximum of 5GB storage limit for all media files combined in your hosting account. If you intend to store more than 5GB of media files, consider using our VPS, Cloud or Dedicated Server.

Email Storage – Using a Personal or Semi-Dedicated hosting account as a email storage device for your documents, attachments and files is NOT permitted, with the exception of maximum of 5GB storage limit for all email & attachment files combined in your hosting account. If you intend to store more than 5GB of email files, consider using our VPS, Cloud or Dedicated Server.

Inode Limits – Shared and Reseller servers only allow upto 200,000 inodes per cPanel account. If the account exceeds 200,000 inodes, it will violate our Acceptable Use Policy and may be flagged for our review and/or suspension. Once you hit 200,000 inodes, please consider upgrading to a dedicated server, which do NOT have any inode limits.

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 limited to:

• 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 information.
• Interfering with service to any user, host or network including, without limitation, by means of overloading, flooding, mailbombing or crashing any computer system.

You will be held responsible for all actions performed by your account whether it be done by you or by others.
All customers at GigaPros must strictly adhere to the above policies.

Service Level Agreement (SLA)
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.

1 Hour Guaranteed Response Time
GigaPros ensures continuous communication for all support tickets. After we receive your new ticket, you will get the initial response from our support team member within 1 hour. This response will be from a human and NOT an automated response. Our support team works 24x7x365 for you, non-stop. Not only for new tickets, but also for every response that you send us, we take prompt action.

NOTE: 1 hour response time is only applicable to Technical Support tickets. Sales, Billing & Marketing tickets are not considered under this guarantee. Also, during unforeseen situations or crisis (like disk failures, DDoS, Network outages etc), 1 hour response time can not be guaranteed because we try to resolve the crisis on first priority, so that majority of our customers are not affected. We always publish these outages in our blog and keep updating the blog post until the issue gets fully resolved.

Money Back Guarantee and Refund Policy
The money back guarantee and refund policy at GigaPros is clearly published here. 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 clearly published 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 this link.

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 here.

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 at all times. GigaPros is not responsible for any lost data under any circumstances. CPanel is not associated with GigaPros.

General Terms

• Terms of Service are subject to change without any prior notification.
• These Terms of Service are a legally binding contract between the subscriber and GigaPros.
• 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 and non-negotiable.
• 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 etc.
• Any violation of these Terms of Service will result in termination of the account. GigaPros maintains the right to terminate accounts without prior notification.
• We reserve the right to remove any account with 15 days prior notice.

Dispute Resolution
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.