This Services Agreement (the “Agreement”) contains the complete terms and conditions which govern your subscription of Web Hosting, E-Commerce and other Internet-related services provided by GigsGigs Cloud Limited (the “Services”). As used in this Agreement, “GigsGigs” means TechAvenue Sdn Bhd and “Client”, “you”, or “your” means you. By clicking on the “Complete Order” button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the GigsGigs site. As referred to in this Agreement, “Site” refers to a World Wide Web site and “GigsGigs Site” refers to the Site located at the URL http://www.gigsgigs.my or any other successor Sites owned or maintained by GigsGigs.
1. APPROPRIATE USE OF THE SERVICES
GigsGigs provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.
- Client Content. Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client – or through Client by a third party – to any GigsGigs server in connection with Client’s use of the Services which:
- violate any state, federal or foreign laws or regulations
- infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of GigsGigs or any third party
- are defamatory, slanderous or trade libelous
- are threatening or harassing
- are discriminatory based on gender, race, age or promotes hate
- violate any GigsGigs policy posted on the GigsGigs Site including, but not limited to, our Acceptable Use Policy (includes Adult Content Policy), UCE (SPAM) Policy, and CGI Abuse Policy.
- contain viruses or other computer programming defects which result in damage to GigsGigs or any third party.
- Bandwidth. Client may occupy only the amount of disk space on the GigsGigs Server and utilize no more than the network bandwidth that is allotted by GigsGigs. Additional fees, specified in the Virtual Host plans page, will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan.
- No “SPAM”. Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at GigsGigs, or otherwise, that mentions or reference any domain hosted on GigsGigs servers or parked on GigsGigs DNS servers. NOTE: THIS POLICY APPLIES TO VIRTUAL SERVER ACCOUNTS, RESELLERS AND THEIR RESOLD ACCOUNTS, AND ALL DOMAINS, NAMES SERVERS AND PARKED DOMAINS HOSTED ON THE SERVER.(Violators will be fined! Refer to our UCE (SPAM) Policy).
- IP Blacklist. Client should trying his best to make sure IP not being blacklisted by public Anti-Spam Blacklist server. GigsGigs has rights to suspend the account due to IP blacklist issue.
- No Free Proxy Services. GigsGigs does not allow to run any free proxy services (eg Socks proxy, ShadowSocks or others) that for general public use.
- Internet Relay Chat (IRC) – Client agree not to use GigsGigs services to run any IRC Services, including IRC bot and botnets
- Bit-torrent – Client agree not to use GigsGigs services to run any Bit-torrent services.
- Public Download Server – Client agree not to use GigsGigs as public download server.
- Adult Content – Adult content are strictly prohibited. Clietn agree not to use GigsGigs services to host any Adult Content
- Hacking Activities – Client agree not to perform unauthorised access to use of data, systems or networks, including attempts to scan, probe and test the vulnerability of a system or network or to breach security or authentication measures, unauthorised monitoring of data or traffic on any network or system without explicit permit from the owner.
- Terrorist activities – Client agree not to use GigsGigs services to promote or enact terrorist activities, including and not limited to forums or web sites for terrorists or terrorist activity, personal websites for terrorists, audio, photo and videos of terrorist activities.
- Distributed Denial of Service (DDOS) attacks – Client agree not to use GigsGigs services to perform any form of DDOS attacks. If a services is being attacked by any form of DoS, GigsGigs has the right to terminate the account with immediate effect and without providing any refund for the remaining unused billing period
- Licensed Software Only. Client agrees to use only properly licensed third party software in connection with Client’s use of the Services.
- Back-Up Files. Client will have the ability to reinstate files which are automatically archived by GigsGigs; however, GigsGigs does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services. Backup capability is available through the Client’s Control Panel on certain Services.
- VPN & Proxy Server. Client must agree to use the VPS as VPN and/or Proxy for personal use only (One Person Use). There is no share use of the service(s) to multiple users whether it is paid or free. Detection of this may cause your VPS to be suspended without any prior notice.
- Fair Use Policy. Customer agrees that bandwidth and disk usage shall be used on a fair use policy base. Sites that consume very high bandwidth or disk space resources on a regular basis period will be disabled without any prior notice.
- China Access Fair Use Policy. The Customer understands that sites are occasionally subject to network abuse and high levels of usage of China Direct Route Resources. Any Customer who uses an inordinately high level of China Direct network resources, or high bandwidth which adversely impacts other customers’ servers, may have their server temporarily suspended. Public VPN services, P2P, streaming via China Direct Network are strictly prohibited.
- Termination. GigsGigs reserves the right to refuse service to anyone. GigsGigs, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behaviour by a third party using the Services, please contact firstname.lastname@example.org
2. PAYMENT OBLIGATIONS
Service. Client understand that services delivered by GigsGigs is prepayment basis. Client agree that GigsGigs shall be permitted to charge your credit card on a monthly, annual, or other agreed upon basis in advance of providing services. Payment is due upon invoicing. Service may be suspended (and hence interrupted) on accounts that reach past due. Client understand that, the services may be suspended or deleted if payment is due. If services is being deleted, there is no way to recover the data. Suspended services will only be reinstate if payment has been make.
Taxes. Customer will be responsible for and will pay in full, any taxes and similar fees now in force or enacted in the future imposed on the transaction and/or the delivery of Services.
Refund. Unless otherwise stipulated or agreed upon, GigsGigs does not provide any refunds. Any exceptions that are made are done so solely at the discretion of GigsGigs; in such an event, all refunds, (if any), are subject to a mandatory $20.00 service charge. There is no refund / part refund to customer termination/cancellation at the middle of the service period or early termination before service period end.
3. CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in no event shall GigsGigs be liable to any third party for Client’s breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless GigsGigs from any and all expenses, losses, liabilities, damages or third party claims resulting from Client’s breach or alleged breach of any Client obligations set forth hereunder.
4. TERM, TERMINATION & REINSTATEMENT
Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a year-to-year, or month-to-month basis unless otherwise specified by separate agreement (the “Term”) unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party. If Client is terminating this Agreement, Client must follow instructions for cancellation provided on the Service Cancellation Information page. The essence of this page states that Client must contact the GigsGigs for a cancellation, which Client shall retain as proof of termination, and all cancellation requests must be received by 7 (Seven) days before service period ends. Any other attempt by Client to cancel this Agreement by written or e-mail notice shall be void. Client shall understand that there will be no refund or part refund for the early termination or termination make before end of the service period.
Client will pay and indemnify and hold GigsGigs harmless from any and all taxes associated with or arising from Client’s use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
6. DISCLAIMER OF WARRANTY
THE SERVICES, THE GigsGigs SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE GigsGigs SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN ‘AS IS’ BASIS AND WITHOUT WARRANTY OF ANY KIND. GigsGigs DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GigsGigs SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL GigsGigs BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE GigsGigs SITE OR ANY GigsGigs PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL GigsGigs CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS (USD $500).
Notices : Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by postal mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile.
If to GigsGigs :
TechAvenue Sdn Bhd, Block B3-3-1, Block B3, Level U3, Solaris Dutamas, Jalan Dutamas 1, 50480, Kuala Lumpur, Malaysia
If to Client :
Name and address provided for account setup.
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by GigsGigs. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys’ fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to it’s conflict of law rules. This Agreement and GigsGigs’s policies are subject to change by GigsGigs without notice. Continued usage of the Services after a change to this Agreement by GigsGigs or after a new policy is implemented and posted on the GigsGigs Site constitutes your acceptance of such change or policy. We encourage you to regularly check the GigsGigs Site for any changes or additions.