1. Introduction
Welcome to GigaNodes! This document (the “Terms and Conditions” or the “Agreement”) outlines the principles, guidelines, and requirements governing the use of GigaNodes' services and products (“Services and Products”). GigaNodes is a leading provider of high-quality hosting solutions, and by utilizing our services, you agree to comply with these terms.
Please read this Agreement carefully. We may update and modify these terms from time to time, and any changes will be automatically effective for all customers when published on our website. By continuing to use our Services and Products, you accept the updated terms and conditions.
2. Compliance with the Law
As a GigaNodes customer, you must adhere to all applicable local, state, federal, and international laws and regulations. You agree not to use our Services and Products for any unlawful, threatening, defamatory, or harmful purposes that may violate the rights of individuals or entities, including intellectual property rights.
GigaNodes reserves the right to take appropriate action against any violation of this section, and you agree to indemnify and hold us harmless from any claims resulting from your use of our Services and Products.
3. Prohibited Uses of Services and Products
At GigaNodes, we strive to maintain a safe and reliable environment for all our customers. Therefore, the following uses of our Services and Products are strictly prohibited:
3.1. Content Restrictions
3.1.1. Hosting or distributing pornographic material, illegal software, pirated content, or any content that violates copyright or other intellectual property rights.
3.1.2. Operating sites offering online gambling, casino functionality, sportsbook betting (including offshore), or internet lotteries.
3.1.3. Engaging in activities that may adversely affect our network, servers, or other customers' experiences, including denial of service attacks or attempts to compromise security.
3.1.4. Hosting any website related to finance, government services, or online booking systems without prior written approval from GigaNodes.
3.1.5. Posting or sending unsolicited commercial emails (spam) or engaging in other forms of email abuse.
3.1.6. Making abusive or critical remarks related to any religion, community, gender, or other sensitive topics that may harm our reputation or cause offense to others.
3.2. Security and Network
3.2.1. Introducing malicious programs, viruses, or other harmful code into our network or servers.
3.2.2. Attempting to disrupt or breach Internet communications, unauthorized access to data, or any form of network monitoring not intended for your use.
3.2.3. Circumventing user authentication or interfering with the security of any host, network, or account.
3.2.4. Engaging in actions that impact the normal operational procedures of GigaNodes or complicate monitoring, reporting, or utilization of our resources.
3.2.5. We provide server management tools and basic support for our Minecraft game server hosting. It is your responsibility to manage and configure your server settings, plugins, and user permissions. We are not responsible for any data loss or server issues caused by user configurations.
3.3. Billing and Refund Policy
3.3.1. Providing false or incorrect data during the order process or fraudulent use of payment methods.
3.3.2. Attempting to circumvent or alter our billing procedures or methods to measure time, bandwidth utilization, or service usage.
3.3.3. Please note that GigaNodes has a No Refund Policy.
4. Indemnification and Relationship of Parties
4.1. You agree to indemnify and hold GigaNodes harmless from any claims, lawsuits, charges, or expenses arising from your use of our Services and Products, including reasonable attorney fees.
4.2. The relationship between you and GigaNodes is that of a customer and service provider. Nothing in this Agreement shall be construed as creating a partnership, joint venture, or any other form of business relationship between the parties.
5. Security and Support
5.1. Safeguard your login credentials and password to prevent unauthorized access to your account.
5.2. Refrain from attempting to harm our servers, software, or other customers through malicious activities.
5.3. Maintain your computing equipment responsibly, including using virus software.
5.4. Uploading viruses to our servers will result in immediate account termination, service charges, and potential legal action.
5.5. GigaNodes provides technical support for hosting services only. We do not offer support for third-party software or scripts.
6. LIMITATION AND EXCLUSION OF LIABILITY
6.1. Limitations
In no event shall GigaNodes (the company) have any liability whatsoever for damage, unauthorized access to, alteration, theft, or destruction of information provided to the company, distributed or made available for distribution via the services. The company and its sister consults branch shall have no liability under this agreement or otherwise for consequential, exemplary, special, incidental, or punitive damages even if they have been advised of the possibility of such damages. In any event, the liability of the company, to you for any reason and upon any cause of action shall be limited to the amount actually paid to it, by you under this agreement during the thirty (30) days immediately preceding the date on which such claim accrued. This limitation applies to all causes of action in the aggregate, including, without limitation, to breach of contract, breach of warranty, negligence, strict liability, misrepresentations, and other torts. The fees for the services set by the company, under this agreement have been and will continue to be based upon this allocation of risk. Accordingly, you hereby release GigaNodes, from any and all obligations, liabilities, and claim in excess of the limitation stated in this section
6.1. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law.
6.2. Interruption of Service
You hereby acknowledge and agree that GigaNodes, will not be liable for any temporary delay, outages, or interruptions of the Services. Further, the company shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure).
6.3. Maintenance
You hereby acknowledge and agree that GigaNodes, reserves the right to temporarily suspend services for the purposes of maintaining, repairing, or upgrading its systems and network. The company will use its best efforts to notify you of pending maintenance however at no time is it under any obligation to inform you of such maintenance.
6.4. Backups and Data Loss
Your use of GigaNodes's servers and services is at your sole risk. The company is not responsible for files and/or data residing on your Server. While backups may be provided by the Company, You, the Customer agree to take full responsibility for files and data transferred to/from and maintained on your server and agree that it is your own (the Customer’s) responsibility to take backups of data residing on your server.
7. Violation
Any attempt to undermine or cause harm to the Company server or another customer’s Web presence is strictly prohibited. Any violation of the above Terms of Service will result in grounds for account termination, with no refunds given; the Company reserves the right to remove any account without prior notice. Violation of these Terms of Service may result in legal action, service charges, or a combination thereof.
If any client is in any way disrespectful or abusive toward the Company’s staff in any manner, we have full right to remove them from our services without any refund.
8. Confidentiality
Customer acknowledges that by reason of their relationship, both the Customer and the Company may have access to certain products, information, and materials relating to the other party’s business, which may include business plans, customers, software technology, and marketing plans that are confidential and of substantial value to either party, respectively, and which value would be impaired if such information were disclosed to third parties. Consequently, both the Company and the Customer agree that it will not use in any way for its own account or for the account of any third party, nor disclose to any third party, any such information revealed to it by either party, as the case may be.
The Customer and the Company further agree that each will take every appropriate precaution to protect the confidentiality of such information. In the vent of termination of this agreement, there shall be no use or disclosure by either party of any such confidential information in its possession, and all confidential documents shall be returned to the rightful owner, or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, either party shall be entitled to injunctive relief, which relief will not be contested by the Customer or the Company.
9. Refund and Cancellation Policy
9.1. The server deployment time is 24 to 72 Hours, and the Refund Policy is not applicable to Colombia, Argentina, Panama, Peru, Brazil, Chile, Uruguay, Ecuador locations.
9.2 HTTP injector is not allowed any of our services. If HTTP injector is detected on user service, service will be cancelled and not eligible for refund.
9.3 All dedicated servers will be delivered within 3 to 5 working days and sometimes may take longer for longer, we will adjust the billing cycle.
If any user raises the cancelation request before 7 working days, user is not eligible for refund or credit back policy as we do not offer refund or credit back guarantee on dedicated servers.
9(a). Credit-Back Guarantee
GigaNodes provides a 7 da juys credit back guarantee for all the web hosting accounts. Following are the criteria or eligibility you need to fulfill to claim your refund or money back.
You must be a new customer of GigaNodes without any past records with it. No refund policy for second time users.
You have to apply for a refund within 7 days from the service delivered date. If the refund is within our given criteria then the respective amount will be added to your GigaNodes Credit Account.
Abusing and misuse of services is prohibited.
If you have made a payment more than once by mistake, the second payment is not refundable. Any Refund will be credited to your GigaNodes account instead of being initiated in your personal account
Any misuse, illegal use, and infringements of these agreements will waive your right to refund.
GigaNodes reserves all the rights to accept or decline the refund if any customer encounters the terms of services and policy.
It is hereby noted that the credit that you have added is non-refundable, once you add the credit the amount will not be transferred either you can use while purchasing other services.
9(b). Refund Policy
All Game server plans are eligible for refunds within 24 Hours of the creation of the server in our database, this point is not marked by the time at which your initial payment is processed and may differ by several hours or days. Refunds cannot be requested without probable cause; one time purchases such as Developement, Plugin Installation or Bungee Setup are non-refundable once they have been used. In addition, downgrading of a server plan will be applied to the client’s account as a credit for the remaining balance of the monthly billing cycle. Any credit applied to the account from downgrading the server plan is also non-refundable. Credit added using the “Add Funds or Partial Payment” function is non-refundable and is automatically applied to your invoice each pay period. Any accounts which initiate a chargeback or dispute on a payment will have their services automatically terminated and the account closed.
No Refunds for VPS and Dedicated Servers
9(c). Cancellation
GigaNodes will attempt to cancel PayPal subscriptions via API requests after receipt of a cancellation request, however, it is the client’s responsibility to ensure any active PayPal subscriptions to GigaNodes are canceled via their PayPal. Therefore, we cannot and will not be responsible for unintended payments made via the automatic payment subscription service. Click here for more information on how to cancel a PayPal Subscription.
GigaNodes reserves all the rights to discontinue services of customers at any time. If the services are terminated due to any policy violation, there will be no refund.
Customers have the right to cancel their order and services agreeable to the terms of their Service Level Agreement or contract by Email or client portal. They may also ask to terminate the order at the end of a billing cycle.
GigaNodes terminates the account immediately when the client encounters a violation of the terms of services or if any customer would not pay the charges even after receiving the invoices. In such conditions, no prior notification or alert will be directed to clients.
If any account is suspended or terminated due to no payment issues, GigaNodes reserves the exclusive right to delete all the client data related to its hosting without any prior notice.
Cancellation requests must be submitted via the GigaNodes Client area by selecting "Request Service Cancellation." from the official website.
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