IMPORTANT NOTE : GigsGigsCloud.com has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds or fees paid will be made if account termination is due to violation of the terms outlined below.

1. SHARED SERVER ABUSE

Any attempt to undermine or cause harm to a server, or customer, of GigsGigsCloud.com is strictly prohibited. Unauthorized use of other people’s accounts or computers GigsGigsCloud.com will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include “Internet scamming” (tricking other people into releasing their passwords), password robbery, security hole scanning etc. Any unauthorized use of accounts or computers by a GigsGigsCloud.com customer, whether or not the attacked account or computer belongs to GigsGigsCloud.com, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. Customers may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Mass mailing, bulk emailing, unsolicited emailing, commercial advertising, information announcements, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by GigsGigsCloud.com to be unacceptable use of GigsGigsCloud.com’s services including abuse of server resources. All hosting accounts may be terminated that include the following content or which have links to the following content :

1. Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism or hatred.
2. Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
3. Displaying material that exploits children under 18 years of age.
4. Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
5. Exporting encryption software over the Internet or otherwise, to points outside the Malaysia.
6. Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
7. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software. Any account that is deactivated or terminated by the abuse team will be charged USD 25 of reactivation fees.

This fee will only be waived if it is determined by the abuse team that the account was disabled without cause.

2. ABUSE OF UNLIMITED TRAFFIC

GigsGigsCloud.com’s customers are privileged to be offered unlimited traffic for their web sites. The intention of GigsGigsCloud.com is to provide a large space to serve web documents, not an off site storage area for electronic files. All (90%) of your web pages (html) must be ‘linked’ with files (.GIF, .JPEG, etc.) stored on GigsGigsCloud.com’s server. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of GigsGigsCloud.com management. Any customer who violates GigsGigsCloud.com’s Policies in abusing either space/site transfer will be notified and given 2 days to remedy the problem. If the problem is not resolved within the allotted period, the client will be billed for the overages. To maintain the integrity of our shared hosting service the following limitations apply :

• Sites with banners, graphics or CGI scripts running from their domain used on other domains.
• Sites with picture galleries (This is any site where 50% of the files transferred is graphics).
• Sites offering download files or archives (This is any site where 50% or more of there monthly traffic is from file downloads).
• Sites running multimedia files (QuickTime, Real Audio, Real Video, and MP3).
• Sites acting as document repositories or document storage / backup services.

For those that do not qualify for the unlimited service, traffic will go unmonitored until you reach specified bandwidth as per selected plan (eg: 20GB). Thereafter, normal data transfer cost of USD5.00 / 1GB / month will be billed to your account. If you want to pre-pay for bandwidth overages, you will be billed USD3.00 / 1GB / month.

GigsGigsCloud.com will be the sole arbiter as to what constitutes a violation of this provision

3. UNSOLICITED EMAIL (SPAM)

Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account cancellation GigsGigsCloud.com takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers. The following activities are not allowed :

• Unsolicited bulk or commercial messages (“spam”). This includes, but is not limited to, mass mailing or bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it from your domain.
• Forging, altering or removing electronic mail headers is prohibited. Any domain sending stealth spam will be terminated without warning and without refund.
• Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account (“mail bombing”).
• Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancellation. See the newsgroup or mailing list’s charter for whether advertising is allowed or not. “Spamming,” or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.
• Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.
• Providing spamware (software used to send bulk email or software used to harvest email addresses) or links to sites providing spamware is strictly prohibited and subject to demand for removal or account cancellation.

Note : If you use the services of another provider (including but not limited to the use of address lists obtained from a third party vendor or provider) to promote a web site hosted by or through GigsGigsCloud.com (spamvertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers.

Penalty : Depending on the severity of your SPAMMING, GigsGigsCloud.com reserves the right to charge you between USD1.00 – USD100.00 PER SPAM sent through our network. Your domain name and web site content will also be confiscated and it will be NEVER returned to you.

4. CGI SCRIPTS

(This section does not apply to managed dedicated or co-location servers.) Each shared Unix web hosting account comes with its own CGI-bin, in which you are free to use any* CGI scripts you wish. All CGI scripts (Perl scripts with a .pl or .cgi extension) intended for use on shared Windows 2003 web hosting accounts are subject to approval by our NT Administrators. * See the Server Resource Abuse section.

5. SERVER RESOURCE ABUSE

(This section does not apply to managed dedicated or co-location servers.) Shared server accounts are limited in use of the amount of server resources. Shared server resource abuse includes any process or service usage that affects normal shared server operation, resources or connectivity, and which causes a server to become overloaded. Shared server resources include CPU and memory usage, number of concurrent processes, number of concurrent port or database connections and total bandwidth. Possible causes of server resource abuse include, but are not limited to, the use of: CGI, Perl, PostFix, Qmail, Sendmail, MySQL, MSSQL, PHP, ASP, COLDFUSION, HTTP, SMTP, POP3 and FTP. If server resource abuse is detected, possible actions include, but are not limited to: disabling of the offending script or scripts, disabling of the specific service, disabling of the entire account or account cancellation. If server overload is a result of server resource abuse, these actions will be taken without prior notice or warning.

6. CHILD PORNOGRAPHY

Our policy on child pornography is zero tolerance. GigsGigsCloud.com will cooperate fully with any criminal investigation into a customer’s violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the GigsGigsCloud.com network, and will be liable for illegal material posted by their clients. According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.

7. CHAT ROOMS

We do not allow clients to install their own chat rooms within a shared hosting account, without approving it with the GigsGigsCloud.com Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of Java chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others. Note : Parachat chat rooms do not apply to this rule. They are perfectly fine to install.

8. ABUSE OF SMTP MAIL SERVER

We do not allow clients to send more than 2000 pieces of e-mail per day from a shared hosting account. If you do send more than 2000 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 2000 per day your account will be moved to a special server that is specifically designed to handle high volumes of e-mail. You will be charged USD50.00/month in addition to your regular hosting charges if your account is moved to this server. Please contact [email protected] to have your domain moved.

9. BACKGROUND RUNNING PROGRAMS

We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. (this section does not apply to managed dedicated servers)

10. IRC

We currently do not allow IRC, IRC clients or IRC bots to be operated on any of our servers. In addition, IRC servers are not permitted on our network. Anyone found to be in violation of this policy risks immediate account termination.

11. CURRENT CONTACT INFORMATION

Current customers must provide GigsGigsCloud.com with, and keep current and up to date, good contact information including full address, email, phone, and fax numbers. GigsGigsCloud.com uses contact information to reach customers during network emergencies, server downtime, maintenance windows and in case there are billing issues with your account. Failure to keep contact information up to date could lease to temporary account suspension until the information is updated.

12. ABUSE OF DEDICATED / CO-LOCATION BANDWIDTH ALLOTMENTS

GigsGigsCloud.com’s customers are privileged to be offered large amounts of bandwidth and monthly transfer to their servers. The intention of GigsGigsCloud.com is to provide large bandwidth allotments to businesses and consumers to serve as connections for their web sites and web documents (“normal usage,” and not for off-site storage areas for electronic documents and files. All (90%) of your web pages (.html) must be ‘linked’ with files (.GIF, .JPEG, .WMV, .RA, etc.) stored on GigsGigsCloud.com’s server. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of GigsGigsCloud.com management. Any customer who violates GigsGigsCloud.com’s Policies in abusing bandwidth allotments and site transfer will be notified and given 2 days to remedy the problem. If the problem is not resolved within the allotted period, the client will be billed for the overages. To maintain the integrity of our dedicated and co-location server networks the following server limitations apply if your site is not deemed as “normal usage:” Servers that contain :

• Sites with banners, graphics or CGI scripts running from their domain used on other domains.
• Sites with picture galleries (This is any site where 50% of the files transferred is graphics).
• Sites offering download files or archives (This is any site where 50% or more of there monthly traffic is from file downloads).
• Sites running multimedia files (QuickTime, Real Audio, Real Video, MP3).
• Sites acting as document repositories or document storage/backup services.
• Sites where 30% or more of the files or graphics are linked to by outside off-network third-parties.

For those server uses that are not classified under “normal use,” and fit within any of the “limitation categories” above, the customer’s server is limited to 200 GB of monthly transfer and not to exceed 2 Mbits / sec of sustained bandwidth, whichever is greater based on peak usage. The customer will be billed at USD10.00 / GB or USD150 / mbit for any overage incurred.

13. EXCESSIVE USE / OVERAGES

You will not exceed the bandwidth, storage and e-mail usage limits out dedicated lined by your particular web hosting package. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month or if you exceed E-Mail storage and attachment size limitations, GigsGigsCloud.com may, in its sole discretion, assess you with additional charges. If GigsGigsCloud.com elects to take any corrective action, GigsGigsCloud.com will not refund any unused pre-paid fees. Your use of your account and access to it is your responsibility. You are responsible for any unauthorized access to your account resulting in bandwidth, storage and/or E-mail usage exceeding the limits outlined in your particular web hosting package specifications and resultant charges. Bandwidth overages are currently billed at USD5.00/GB/month. Disk space overages are currently billed at USD0.50/MB/month. Email attachments overages are currently billed at USD0.10 per email over 10MB (pricing are subject to change as per invoice).

14. LIABILITY AND OBLIGATIONS ON CANCELLATION

If the Agreement expires or is cancelled for any reason, GigsGigsCloud.com is not liable to you because of the expiration or cancellation for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from the termination or expiration. If you terminate this Agreement, GigsGigsCloud.com will not relieve you of any obligations to pay fees and costs accrued before the termination date or any other amounts you owe to GigsGigsCloud.com under this Agreement.

15. IP ADDRESS OVERLAP

GigsGigsCloud.com administers the network on which customer servers reside. The customer cannot use IP addresses which were not assigned to them by GigsGigsCloud.com staff. Any server found using IPs which was not officially assigned will be suspended from network access until such time as the IP addresses overlap can be corrected.

16. MATERIAL AND PRODUCT REQUIREMENTS

You must ensure that all material and data placed on GigsGigsCloud.com’s equipment is in a condition that is “server-ready,” which is in a form requiring no additional manipulation by GigsGigsCloud.com. GigsGigsCloud.com will make no effort to validate any of this information for content, correctness or usability. If your material is not “server-ready”, GigsGigsCloud.com may reject this material. GigsGigsCloud.com will notify you of its refusal of the material and afford you the opportunity to modify the material to satisfy GigsGigsCloud.com’s requirements. Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your Web site. You must have the necessary knowledge to create and maintain a Web site. GigsGigsCloud.com does not provide this knowledge or customer support outside of the Services.

17. INTELLECTUAL PROPERTY RIGHTS

Material accessible to you through GigsGigsCloud.com’s services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use GigsGigsCloud.com or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the GigsGigsCloud.com network. If you use a domain name in connection with GigsGigsCloud.com or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

18. NETWORK SECURITY

Customers may not use the GigsGigsCloud.com network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to :

• accessing data not intended for the customer logging into a server or account the customer is not expressly authorized to access.
• password cracking.
• forging any TCP / IP packet header or any part of the header information in any e-mail or newsgroup posting.
• attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
• probing the security of other networks in search of weakness.
• or violation of any other organization’s security policy.

Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to :

• flooding.
• mail bombing.
• Or other deliberate attempts to overload or crash a host or network.

GigsGigsCloud.com will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability. You are solely responsible for any security breaches affecting servers or accounts under your control. If your server or website is responsible for or involved in an attack on or unauthorized access into another server or system, GigsGigsCloud.com will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting GigsGigsCloud.com or any of its other customers.

19. SHARED HOSTING ACCOUNT / DEDICATED SERVER SECURITY

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

• Your password provides access to your account. It is your responsibility to keep your password secure.
• Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
• Attempting to obtain another user’s account password is strictly prohibited, and may result in termination of service.
• You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
• You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
• You may not attempt to interfere with service to any user, host or network (“denial of service attacks”). This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host.
• Customers who violate systems or network security may incur criminal or civil liability. GigsGigsCloud.com will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

20. ELECTRONIC COMMERCE

You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from. You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.

21. STATIC / DYNAMIC CONTENT CACHING

You expressly (i) grant to GigsGigsCloud.com a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by GigsGigsCloud.com under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party’s intellectual property rights.

22. IP ADDRESS OWNERSHIP

GigsGigsCloud.com shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by GigsGigsCloud.com and GigsGigsCloud.com reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

23. DOMAIN NAME REGISTRATION

Customer agrees to pay GigsGigsCloud.com prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the GigsGigsCloud.com price schedule for the initial registration of the domain name and, should Customer choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if Customer’s domain name registration is suspended, cancelled or transferred prior to the end of Customer’s then current registration term. GigsGigsCloud.com reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer’s requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed Customer’s registration in an email from GigsGigsCloud.com to the email address indicated in Customer’s registration application. In the event of a charge-back by a credit card company (or similar action by another payment provider allowed by GigsGigsCloud.com) in connection with the payments of the registration fee for Customer’s domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to GigsGigsCloud.com as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. GigsGigsCloud.com will reinstate Customer’s domain name registration solely at GigsGigsCloud.com’s discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee. GigsGigsCloud.com RESERVES THE RIGHT TO REVISE, AMEND, OR MODIFY THIS AUP AND ALL OF OUR OTHER POLICIES AND AGREEMENTS AT ANY TIME AND IN ANY MANNER. NOTICE OF ANY REVISION, AMENDMENT, OR MODIFICATION WILL BE DEEMED WHEN THE NEW INFORMATION IS POSTED WITHIN THIS DOCUMENT OR ANY OTHER ONLINE AGREEMENTS. CUSTOMERS WILL NOT NECESSARILY BE NOTIFIED IN WRITING OF THESE CHANGES. PLEASE CHECK THIS AND ALL OTHER GigsGigsCloud.com AGREEMENTS AND DOCUMENTS FREQUENTLY FOR CHANGES. [email protected]

1. APPROPRIATE USE OF THE SERVICES GigsGigsCloud 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 GigsGigsCloud 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 GigsGigsCloud 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 GigsGigsCloud policy posted on the GigsGigsCloud 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 GigsGigsCloud or any third party.
• Bandwidth. Client may occupy only the amount of disk space on the GigsGigsCloud Server and utilize no more than the network bandwidth that is allotted by GigsGigsCloud. 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 GigsGigsCloud, or otherwise, that mentions or reference any domain hosted on GigsGigsCloud servers or parked on GigsGigsCloud 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. GigsGigsCloud has rights to suspend the account due to IP blacklist issue.
• No Free Proxy Services. GigsGigsCloud 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 GigsGigsCloud services to run any IRC Services, including IRC bot and botnets
• Bit-torrent – Client agree not to use GigsGigsCloud services to run any Bit-torrent services.
• Public Download Server – Client agree not to use GigsGigsCloud as public download server.
• Adult Content – Adult content are strictly prohibited.  Clietn agree not to use GigsGigsCloud 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 GigsGigsCloud 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 GigsGigsCloud services to perform any form of DDOS attacks. If a services is being attacked by any form of DoS, GigsGigsCloud 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 GigsGigsCloud; however, GigsGigsCloud 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. GigsGigsCloud reserves the right to refuse service to anyone. GigsGigsCloud, 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 [email protected]

2. PAYMENT OBLIGATIONS

Service. Client understand that services delivered by GigsGigsCloud is prepayment basis. Client agree that GigsGigsCloud 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, GigsGigsCloud does not provide any refunds.  Any exceptions that are made are done so solely at the discretion of GigsGigsCloud; 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 GigsGigsCloud 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 GigsGigsCloud 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 GigsGigsCloud 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.

5. TAXES

Client will pay and indemnify and hold GigsGigsCloud 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 GigsGigsCloud SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE GigsGigsCloud SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN ‘AS IS’ BASIS AND WITHOUT WARRANTY OF ANY KIND. GigsGigsCloud 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, GigsGigsCloud 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 GigsGigsCloud BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE GigsGigsCloud SITE OR ANY GigsGigsCloud 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 GigsGigsCloud CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS (USD $500).

8. MISCELLANEOUS

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 GigsGigsCloud : Hong Kong TechAvenue International Ltd, Unit A/3F, Winner Commercial Building, 401-3, Lockhart Road, Hong Kong 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 GigsGigsCloud. 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 GigsGigsCloud’s policies are subject to change by GigsGigsCloud without notice. Continued usage of the Services after a change to this Agreement by GigsGigsCloud or after a new policy is implemented and posted on the GigsGigsCloud Site constitutes your acceptance of such change or policy. We encourage you to regularly check the GigsGigsCloud Site for any changes or additions.