Terms of Service

Gigabite Servers, LLC (also referred to as 'the Company', 'Gigabite’, and ‘GigabiteServers' in the proceeding text) agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).  Use of Gigabite Servers, LLC Service constitutes acceptance and agreement to Gigabite Servers, LLC's AUP as well as Gigabite Servers, LLC's TOS policy (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of Gigabite Servers, LLC, and AUP (acceptable use policy). The TOS and AUP may be changed at any time at the discretion of the Company. Subscriber understands that changes in policy by the Company shall not be grounds for early contract termination or non-payment.


Payment Refunds
All payments made to Gigabite Servers are NON-REFUNDABLE.
1. Disclosure: 
The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Gigabite Servers, LLC shall have the right to terminate all service set forth in this Agreement.

2. Service Rates:
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

3. Payment: 
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. Subscriber agrees that The Company automatically charges subscriber's credit card every month. Gigabite Servers, LLC reserves the right to process client credit cards from 1 to 10 days before the actual due date to ensure that the funds are received by the due date.

4. Payments and Fees:
"Processing and Collection" Fee of not less than $25 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. Fees are also applied to TOS violations, $75. 

5. Refund and Disputes: 
All payments to Gigabite Servers, LLC, are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Gigabite Servers, LLC' sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Gigabite Servers, LLC an "Administrative Fee" of not less than $50 and not more than $150.

6. Failure to Pay:
The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

7. Account or Single Service Cancellation: 
All requests for canceling accounts (Or servers) must be made via email to billing@gigabiteservers.com at least 7 Business days before your next billing due date. You must have all account information to cancel. This can also be done for single server on one account. 

8. Service Disruptions:
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons. Therefore, subscriber agrees that the company shall not be liable for any damages. In no event shall the company be liable for any special or consequential damages, loss, or injury.

9. Support Boundaries: 
Gigabite Servers, LLC, provides 24 x 7 technical support to our subscribers (except for few holidays and short company meetings when we close our center.) All servers housed at our facility are unmanaged unless purchased, Gigabite only ensures that the server is online and is remotely accessible. Gigabite Servers, LLC does not offer tech support for application specific issues such as cgi programming, html or any other such issue. Gigabite Servers, LLC does not provide technical support for YOUR customers. If you can email, we encourage you to email support@gigabiteservers.com for assistance.

10. Fast Download Support
When you purchase the business account you are only allowed 1 FastDL bucket. You may not resell or over use it. FastDL is limited to 30GB of space regardless of your account resources. 

11. SPAM and Unsolicited Commercial Email (UCE): 
Gigabite Servers, LLC takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Noibs Technology Group, LLC may not use or permit others to use our network to transact in UCE. Customers of Gigabite Servers, LLC may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

  1. Violation of Gigabite Servers, LLC's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Gigabite Servers, LLC will initiate an immediate investigation (within 48 hours of notification). During the investigation, Gigabite Servers, LLC may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Gigabite Servers, LLC may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Gigabite Servers, LLC reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Gigabite Servers, LLC will notify law enforcement officials if the violation is believed to be a criminal offense.
  2. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that Gigabite Servers, LLC personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
  3. As our Customers are ultimately responsible for the actions of their clients over the Gigabite Servers, LLC network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

IMPORTANT NOTICE:
Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice without refund.

12. Network

  1. IP Address Ownership: If Gigabite Servers, LLC assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Gigabite Servers, LLC, and Customer shall have no right to use that Internet Protocol address except as permitted by Gigabite Servers, LLC in its sole discretion in connection with the Services, during the term of this Agreement. Gigabite Servers, LLC shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Gigabite Servers, LLC, and Gigabite Servers, LLC reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting. All IPs that are allocated to client must be utilized within 48 hours. If allocated IPs are not utilized within this time frame The Company reserves the right to retract IPs that are not being utilized without notifying the client.
  2. Bandwidth Usage. Gigabite Servers, LLC will monitor Customer's bandwidth. Gigabite Servers, LLC shall have the right to take corrective action if Customer's usage negatively impacts other clients.
  3. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Gigabite Servers, LLC Network. Violations of system or network security may result in civil or criminal liability. Gigabite Servers, LLC will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
    1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
    2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
    3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
    4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
    5. Taking any action in order to obtain services to which such User is not entitled.

13. Notification of Violation:

  1. Gigabite Servers, LLC is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
  2. First violation: Any User, which Gigabite Servers, LLC determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Gigabite Servers, LLC's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
  3. Second Violation: Users that Gigabite Servers, LLC determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
  4. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

14. Suspension of Service or Cancellation: 
Gigabite Servers, LLC reserves the right to suspend network access to any customer if in the judgment of the Gigabite Servers, LLC network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Gigabite Servers, LLC chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

15. Changes in Policy 
Gigabite Servers, LLC reserves the right to amend its policies at any time without notice. All Sub-Networks, resellers and unmanaged servers of Gigabite Servers, LLC must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

16. Indemnification: 
Gigabite Servers, LLC wishes to emphasize that in agreeing to the Gigabite Servers, LLC Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Gigabite Servers, LLC for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Gigabite Servers, LLC or the bringing of any claim against Gigabite Servers, LLC by any third-party. This means that if Gigabite Servers, LLC is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Gigabite Servers, LLC, plus all costs and attorney's fees.

17. Miscellaneous Provisions: 
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

  1. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
  2. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
  3. Gigabite Servers, LLC takes no responsibility for any material input by others and not posted to the Gigabite Servers, LLC Network by Gigabite Servers, LLC. Gigabite Servers, LLC is not responsible for the content of any other websites linked to the Gigabite Servers, LLC Network; links are provided as Internet navigation tools only. Gigabite Servers, LLC disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
  4. Gigabite Servers, LLC is not responsible for any damages your business may suffer. Gigabite Servers, LLC does not make implied or written warranties for any of our services. Gigabite Servers, LLC 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 Gigabite Servers, LLC.

18. Responsibility for Content: 
You, as Gigabite Servers, LLC' customer, are solely responsible for the content stored on and served by your Gigabite Servers server. 

19. Colocation Liability 
Gigabite Servers, LLC assumes zero liability for colocated hardware, including, but not limited to, lost or damaged equipment. Additionally, the customer assumes full liability for maintaining insurance on their own hardware in colocation with Raided. 
Gigabite Servers, LLC does not charge any overage fees regardless bandwidth usage on any dedicated hosting plans with the label "unmetered" attached.  Gigabite does, however, reserve the right to take action under the conditions of 'bandwidth usage abuse' which is explained below.

20. Subscription Cancellation
All subscriptions VIA paypal are the responsibility of the subscriber to cancel the subscription if service is no longer desired or a cancellation request has been made.

21. Bandwidth usage abuse
Gigabite Servers, LLC. will never charge its clients overage fees or terminate service due to an abuse of the supplied "shared unmetered plan" bandwidth.  The staff of Gigabite and that of the venue pro-actively monitor backbone utilization in order to ensure that bandwidth resources are shared in a manner that Gigabite feels is just. Gigabite Servers, LLC has no objections against burstable usage of the 100Mbit port to it's full potential at times, however customers that have sustained usage of 10Mbit outbound transfer or more may be asked to upgrade to a dedicated bandwidth plan and/or may have their port capped to 10Mbit or lower in order to preserve the performance of other machines. 

22. Allotted Bandwidth Overages
There is a charge of $0.35 (thirty five cents) per Gigabite over the allotted amount to a clients account. This is billed automatically and immediatly.


23. Site Transfers
Free site transfer service is free within 30 days of your signup date. Beyond this date, there will be a transfer charge of $25 (twenty-five dollars).