Terms of Service

Gigaston of Piscataway, New Jersey provides hosting services to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All registered clients of Gigaston (gigaston.com) agree to and are subject to our Acceptable Use Policy, Terms of Service and the following Terms of Services:

Clients acknowledge that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Gigaston, and that damages resulting from any interruption of service are difficult to ascertain. Therefore, clients agree that Gigaston shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Gigaston.

Subscriber further acknowledges that Gigaston's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall Gigaston be held liable for any special or consequential damages, loss or injury.

Indemnification Policy

You agree to use all Gigaston services and facilities at your own risk. Gigaston specifically disclaims all warranties of merchant ability and fitness for a particular purpose. In no event shall Gigaston be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Clients agree that they shall defend, indemnify, save and hold Gigaston harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Gigaston, its agents, its customers, officers and employees, that may arise or result from any service provided, performed, agreed to be performed, or any product sold by its customers, its agents, employees or assigns. Clients agree to defend, indemnify and hold harmless Gigaston against liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with Gigaston's network.

Gigaston reserves the right to intervene with any website/data hosted on its servers/network in the interest of its clients. Any material supplied/hosted by a client that is infringing or allegedly infringing on the proprietary rights of a third party copyright owner is subject to removal from Gigaston's servers/network. Gigaston shall be the sole judge of what violates this policy.

Billing

At this time, we bill monthly, quarterly, semi-annually and annually, depending upon the plan. We provide a 30-day money-back (refund) guarantee. Each refund request must be submitted using our support ticket system located at gigaston.com/portal. Each refund request is evaluated on a case by case basis - depending on the situation, no refund, full refund or partial refund will be issued. If a refund is not issued, an account credit may be issued. Gigaston will only issue a refund or credit within 30 days after the initial sign up date of the service. Therefore, Gigaston retains the right to grant or deny any refund or credit request - not affected by date. For some special offers, the money-back guarantee day will be varied; Domain Name registration/transfer fee(s) and servers are non-refundable. Crypto Currency, Alipay and WeChat payments are non-refundable but may receive an account credit. To prevent abuse, only a client's first invoice is eligible for a refund, unless stated otherwise.

We accept Visa, Mastercard, American Express, Discover Card, PayPal, Alipay, WeChat Pay, and Crypto Currency. All services are set up, free of any fees or charges. Clients are encouraged to pay by credit or debit card, as it is the easiest way to handle payments at this time. There are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.

Uptime Guarantee

Gigaston offers each client with a 100% uptime guarantee. In the event that a 100% uptime (measured per month) is not met, clients will be eligible to receive a credit(s) based on the situation and amount of downtime. However, credit(s) may not be provided for certain events such as: DDoS (Distributed Denial of Service) attacks, scheduled maintenance, reboots, hardware replacements and null-routes. In order to receive a "compensation" credit, the client must do so by making a request by opening a billing ticket or by emailing support.

Gigaston's network is DDoS (Distributed Denial of Service) protected, we cannot guarantee any level/type of protection. We are often able to protect against various types of attacks up to 20 Gbps. Attacks that are larger than this will result in the target IP address being null-routed. We are not responsible for any downtime or performance decreases caused by DDoS attacks.

Limitation of Liability

Gigaston shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Gigaston servers going off-line or being unavailable for any reason whatsoever. Furthermore, Gigaston shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any website from one of Gigaston servers. All damages shall be limited to the immediate termination of service.

Late Payments

All services are billed according to the date that they were first activated on. If you do not pay for service renewal within 5 days after the due date, your service will be suspended. If you do not pay for service renewal within 30 days after the due date, your service will be terminated. Services suspended for late payment can be automatically re-activated and renewed by paying the overdue renewal invoice through the client area.

Disclaimer

Gigaston cannot be held liable for system downtime, crashes, or data loss. Gigaston has the right to terminate, suspend or cancel any client and or any service without notice or refund. We cannot be held liable for any predicted estimate of profits/income in which a client would have gained if their service was functioning. Certain services provided by Gigaston are resold. Thus, certain equipment, routing, software, and programming used by Gigaston are not directly owned or written by Gigaston. Moreover, Gigaston holds no responsibility for the use of our clients' accounts. If any of our terms, policies or conditions are failed to be followed, the client account in question may be deactivated as well as all services/products attached to it. We reserve the right to remove any account without advance notice for any reason without restitution as Gigaston sees fit. Gigaston is not responsible for any client's files, data or actions. FURTHERMORE, Gigaston retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.