These Terms of Service apply to the opening, ordering, and usage of a Gigahost hosting account, unless a different written agreement has been made with Gigahost. Important points are accentuated.
The customer’s hosting account will normally be opened right after acceptance of these conditions and the customer’s payment of the subscription price. The customer will receive a written confirmation of the opening of the subscription per email after the acceptance of the subscription agreement.
A subscription is paid and is valid for 12 months at a time. Subsequently the subscription is paid for the next 12 months. A 30 days full right of return is given on the hosting account – the full amount is refunded. The subscription is not binding, but is not refunded after 30 days. The subscription can always be cancelled directly by the customer in the Control Centre.
If Gigahost raises the prices in the subscription period, the customer will not be charged with this rise during the customer’s current subscription period. Gigahost has the right to, at their own discretion, cancel a subscription with a 14 days written warning sent by email or a letter sent to the customer’s registered residential address and/or email address in return for refund of the customer’s prepaid amount calculated in proportion to the customer’s remaining subscription period. By the customer’s accept of the business conditions, including undertaking the payment of the first subscription period by the use of a credit/debit card, the customer is regarded to have given a definite consent to Gigahost initiating the necessary processes in preparation for giving the client access to the hosting account. In consequence of this, the customer is not eligible to repent his order of a subscription after the time the customer has accepted the business conditions and made the payment, cf. the Danish consumer protection act §12, article 2.
After the expiry of the customer’s 12 month subscription period, the customer has the opportunity to subscribe again to the next 12 months. This will be brought to the customer’s attention 30 days before the subscription period expires. If the customer does not wish to continue the subscription, Gigahost reserves the right to delete all data on the customer’s hosting account (including databases and email addresses) 24 hours after the expiration of the subscription.
The customer pays for the services by the use of credit/debit card or other methods of payment supported by Gigahost. Gigahost does not charge transaction fees on credit/debit cards. When the payment (and ordering) is complete, the customer will receive an invoice sent to the given email address. All invoices are also to be found in the Control Centre. If you are a company inside the EU, contact us for deduction of VAT.
It is not allowed to use the hosting account for storage of illegal and copyrighted material. This includes film (or film clips), music, software, or pictures. It is not allowed to have large files for downloading, pornographic material, streaming media, or to store material that is not meant for usage in connection to websites, email, or databases.
Gigahost reserves the right to remove material that in an unreasonable degree strains the servers. The customer must not use the hosting account or Gigahost’s servers to gain unauthorised access to systems or in any way use Gigahost servers in any way that goes against current Danish legislation. Gigahost offers free traffic on all hosting accounts. In cases of gross exploitation of this, Gigahost reserves the right to put a limit on the customer’s traffic/bandwidth. The customer is alone responsible for the fact that any data on the hosting account does not violate third party interests. It is not allowed for the customer to resell Gigahost’s service(s) in the form of hosting, file hosting, picture hosting, and so on. Gigahost reserves the right to terminate the customer’s hosting account in case of continuing exploitation or excessive use.
Gigahost reserves the right to terminate the customer’s hosting account if the use goes against the Terms of Service. This will only happen after the customer has been warned about breach of the Terms of Service. The warning is carried out by an email to the email address given by the customer. Gigahost renounces the responsibility for any damage or loss which the customer might suffer in connection to the termination of the customer’s hosting account, including direct loss or indirect loss, including operating loss, consequential damage, reputation, loss of data, and restoration of data.
Gigahost reserves the right to limit or reduce the access to a hosting account or the extent of the services, which are included in a subscription, to the extent Gigahost sees such a restriction necessary for operational and/or safety reasons.
Should scheduled downtime on a hosting account occur in connection with e.g. server maintenance/upgrading or software installation, the customer will be informed about this prior to its commencement.
Gigahost continuously, under normal circumstances, carries out backup of all material on Gigahost’s servers to minimise the damages in case of a mechanical breakdown. However, Gigahost is not obliged to carry out this backup of the material (and software) which is on Gigahost’s servers (incl. emails) and encourages the customer to ensure backup of the material as well.
In connection to the opening of an account, Gigahost will register customer information in Gigahost’s customer data base. Gigahost handles such information in accordance to the Danish legislation on handling of personal data. This means that Gigahost will under no circumstances pass on personal data to a third party of any kind. With this, the customer is obligated to report and update the customer’s address and personal data himself, if changes should occur. However, Gigahost reserves the right to gain access to the customer’s stored data to the extent that, to the best of Gigahost’s judgment, this is necessary for operational and/or safety reasons. Gigahost and its employees will in such a connection be subjects to confidentiality restrictions. It is the customer’s responsibility to make sure that all information given is correct.
The customer’s use of the hosting account is in every respect on own responsibility and risk. Gigahost takes on no responsibility for the content, including the accuracy, legality, value and so on of the information which the customer receives or transmits via the internet. Gigahost renounces the responsibility for any damage or loss which the customer suffers in connection to the subscription or the termination of this, including use of or missing opportunity to use the customer’s hosting account or Gigahost’s services. Gigahost thereby renounces responsibility for direct loss and indirect loss, including operating loss, consequential damage, reputation, loss of data, and expenses for restoration of data.
Gigahost has the right to change the business conditions with a 30-day warning.
Technical support can be contacted via firstname.lastname@example.org. Customers can, furthermore, contact customer service via the Control Centre. All support via email is free of charge. Gigahost does not offer support over the telephone.
If you want to, you can register your credit/debit card in the Control Centre and choose as an optional subject that your hosting account automatically gets extended when it is about to expire. If you sign up for this, Gigahost will, 60 days before the expiration date of the hosting account, try to authorise and withdraw the amount for the next 12 month period on the registered credit/debit card. An invoice will be sent per email immediately after. In this connection, it is the customer’s responsibility to make sure that the given account information is correct. It is also the customer’s responsibility to update information about the credit/debit card in case the card expires or gets frozen. The customer can at any time cancel the automatic extension and remove the credit/debit card or give a new card number in the Control Centre.
Gigahost, July 9th 2005, updated February 22nd 2008. Section on automatic extension of subscription added April 24th 2010.