Web Hosting Terms Of Service

Gigahost Africa’s goal is to provide the best service possible at all times for all of our customers. Our policies are meant to protect those services from interruption. Use of Gigahost Africa’s services constitutes an agreement to abide by our terms. Customers are expected to periodically review our policies and are responsible for abiding by them, including any updates for the duration of the service relationship.

GIGAHOST AFRICA RESPONSIBILITIES

Gigahost Africa is responsible to provide best-effort service ensuring maximum uptime of customer web sites. Gigahost Africa will also provide email addresses as specified by the package chosen by the customer.

It is possible that service interruptions may occur because of an equipment failure or factors outside of Gigahost Africa’s control; if this happens Gigahost Africa will work to restore service as quickly as possible. The Gigahost Africa terms of service does not establish any Service Level Agreement (SLA) compensation schedules between Gigahost Africa and the customer.

Both web hosting and email services are provided on an “as is” and “as available” basis. Gigahost Africa does not warrant that these services will be uninterrupted, error-free or free of viruses, or other harmful components. Gigahost Africa is not liable for the loss of any files or generated data deleted from your web site and will not be obligated to compensate the customer for any downtime or loss of data.

Terms of service responsibility will begin on the date the web hosting account is active and accessible by the customer. Gigahost Africa may change their prices at any time. If the prices are increased, Gigahost Africa must inform customers of the increase 30 days before the increase takes effect. If the change is a price decrease, Gigahost Africa need not notify customers but must reflect the price decrease on all bills and invoices as soon as the decrease is posted on the web page or in formal company materials.

CLIENT RESPONSIBILITIES

Customers are responsible for upholding the non-transferability and account security of their service. The customer is entirely responsible for any actions, damages, or costs incurred via their account, regardless of who is using that account.

Inappropriate use or abuse of our services by customers may result in account suspension, termination, and/or legal action. Inappropriate use or abuse of our services by others can be traced, documented, reported to appropriate authorities and when necessary prosecuted to the fullest extent of the law. Gigahost Africa will cooperate fully with legal authorities in the investigation of suspected crimes or service abuses.

The customer warrants that they have the right to use the trademarks and content that is placed on their web site. Gigahost Africa will not be responsible for validating information on your web site for correctness, usability or content. Gigahost Africa may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, and you expressly authorize Gigahost Africa to comply with any and all lawful notices, subpoenas, court orders, or warrants without prior notice to you.

Gigahost Africa does not actively engage in monitoring the content of customer e-mail or web sites. We respect the privacy of our users and recognize the right to freedom of speech. However, certain activities are not acceptable within our ethical and moral practices. For example, the promotion, sale and use of pornographic materials via our e-mail service or web sites are not permitted. Please review our list of prohibited activities below for more examples.

Gigahost Africa reserves the right to remove materials from our servers which, at Gigahost Africa’s sole discretion, appear to violate any law or our policies.

Gigahost Africa reserves the right to unilaterally terminate an account at any time, without providing a reason. In such cases, account holders are still responsible to pay any fees that are still owed to us. Any prepaid fees will be refunded to the account holder on a pro-rated basis. Any penalties for criminal action will be deducted from amounts owed before refunds are provided.

PROHIBITED ACTIVITIES

The appearance of an item here is not meant to imply that any Gigahost Africa customers have been involved in such activity. If a complaint is received against one of our customers, we will investigate as needed. Gigahost Africa reserves the right to collect damages for any harm done to our services. This could include billing for time spent to correct problems on our email server that were caused by a user who sent unsolicited mass email (spam). Gigahost Africa reserves the right to terminate any customer’s account immediately upon receiving a court injunction, if it finds that the customer’s use of service is disruptive to other users, or if they are performing any of the prohibited activities listed below. Charges will still be due for unpaid periods before a service is terminated.

This list of prohibited activities includes common violations of web hosting services and laws. The list should be sufficient to answer most questions and will be updated periodically to keep users informed.
Gigahost Africa considers the following to be violations of our services:

  • Hosting web pages in support of, or for, illegal activities.
  • Hosting software, scripts, or other resources intended to facilitate committing illegal activities.
  • Willful distribution of computer viruses to, from or through Gigahost Africa systems.
  • Advertising, transmitting, storing, or using any software, script, program, product, or service designed to violate Gigahost Africa’s terms of service.
  • The collection of email addresses, credit card information, or other personal information for fraudulent use or sale.
  • Hosting web pages with forwards to, containing scripts or executables for, or any other component of an operation designed to fraudulently collect authentication, credit card, names, addresses, or any other personal data.
  • Hosting web pages advertised by spam sent from another network (spamvertised).
  • Promotion of pyramid schemes or “make money fast” schemes.
  • Pornographic or slave-trade materials is prohibited on our servers.
  • Hosting of threats of violence, destruction, mental or bodily harm, property damage, vulgarities or discrimination against groups or individuals.
  • Unauthorized distribution of copyrighted materials.
  • Customers are responsible for any scripts that are uploaded into their hosting space and the security of such scripts.
  • Any disruption to the function of the web servers or breaches of security due to insecure scripts will be cause for immediate lockdown of the site and potential termination of the account.

POSSIBLE GIGAHOST AFRICA RESPONSE TO PROHIBITED ACTIVITIES

  • Issue warnings to the customer: verbal or written.
  • Suspend specific privileges of an account.
  • Suspend or terminate an account.
  • Bill the customer account for administrative costs related to correcting problems caused by the prohibited activity.
  • Notify and/or cooperate with legal authorities concerning the abuse of services.
    Initiate legal action against the offender(s)

WARRANTIES/LIABILITIES

Gigahost Africa service is provided on an “as is, as available” basis. No warranties are expressed or implied. Gigahost Africa assumes no liability for damages that may result from the abuse of our Internet services, the inability to use our services, or the disruption of our services. Gigahost Africa’s total liability for any event shall be limited to the amount paid to Gigahost Africa by the client for any services.

Unless otherwise contracted for data archiving services, customers are responsible for independent backup of any data files residing on Gigahost Africa computers or networks. Gigahost Africa reserves the right to remove/delete any personal files after an account is terminated or associated with prohibited activities.

Further, Gigahost Africa shall not be held liable for damages resulting from loss of profits, loss of data, delays or business interruptions, or any reliance on the services or materials provided.

CANCELLATION FEE & PROCESS

Cancels will not be accepted through e-mail. To cancel a Web Hosting account you must talk to a Business Services representative.

LATE FEES

Delinquent accounts will be temporarily put on hold 3 days after the payment is past due. If a customer’s account is put on hold for non-payment, that customer will continue to be billed for the cost of the Web Hosting until the account is cancelled. Web Hosting accounts will be terminated/deleted 30 days from the date the account goes on hold because of a past due payment.

ACCEPTANCE

The customer agrees to all Terms of Service laid out in this agreement. Any modification or special arrangement regarding these terms must be in the written form of a business contract and signed by an authorized representative of Gigahost Africa. Gigahost Africa clients must be represented by someone 18 years or older to be considered a valid customer.