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Terms and Conditions

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 Corporation Sdn Bhd (the "Services"). As used in this Agreement, "GigsGigs" means GigsGigs Corporation 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.com 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 Malaysian 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).
  • 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.
  • 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 behavior by a third party using the Services, please contact admin@GigsGigs.com

2. PAYMENT OBLIGATIONS

Service. By the Tenth (10th) of each month, GigsGigs shall either (i) debit Client's credit card (where such information is provided by Client) or (ii) deliver by e-mail or regular mail an invoice to Client in accordance with the applicable Services fees for services rendered for the current month or year depending on the Service. Where an invoice is delivered to Client, Client shall remit payment to GigsGigs by no later than the specified payment due date. GigsGigs shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments to GigsGigs. Certain services carry a set-up fee charged by GigsGigs to Client that must be paid by Client in order to have use of the Services. If Client terminates this Agreement in accordance with Section 4 hereunder, Client shall be responsible for any outstanding fees owed to GigsGigs and agrees to pay any and all fees incurred by Client. Because the Services are provided on a yearly basis, Client will be responsible for Service fees incurred each year regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate on the 5th month of a particular year, Client will still owe fees for the entire year and such fees will not be pro-rated or refunded.

Domain Names. If Client chooses to register a domain name(s) through GigsGigs, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. GigsGigs does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.

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 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 to receive a cancellation number, which Client shall retain as proof of termination, and all cancellation requests must be received by the Twenty-Fifth (25th) of the respective month of cancellation. Any other attempt by Client to cancel this Agreement by written or e-mail notice shall be void.