TIGAHOST – Terms and conditions
This agreement represents the complete agreement and understanding between Tigahost, (hereinafter referred to “Tigahost”) and our Customer and supersedes any other written or oral agreement. Upon notice, published online, Tigahost may modify the terms and conditions contained herein and may discontinue or change the services offered in the event of Customer’s failure to comply with the following provisions.
Tigahost, as an Internet Presence Provider, provides a server computer that is integrated into the Internet. This server computer sends and receives information as related to the World Wide Web. Customer desires to connect to and utilize the software and hardware facilities of Tigahost to establish a web site. The use of any data or material by the Customer via the service provided by Tigahost is at the Customer’s sole and absolute risk. Tigahost specifically disclaims and denies any responsibility for the completeness and/or accuracy of quality of any and all information obtained through the services to be provided hereby.
2. USE OF SERVICE
This agreement hereby is intended for the use of only one web site unless otherwise stated in service plan. It is for the exclusive use of the Customer specifically named above and does not extend to any other person or entity. Customer may resell, if desired, to third parties but is responsible for the content and is bound by the terms under this agreement. All customers must also abide by Tigahost’s acceptable use policy which is subject to change without notice. The acceptable use policy has been developed to ensure a high quality of service for all users of Tigahost and the Internet.
3. NO WARRANTIES
Tigahost will utilize its best efforts to maintain acceptable performance of the contracted services, but Tigahost makes absolutely no Warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. Tigahost cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the internet. Tigahost will not be liable for the inadvertent disclose of or corruption or erasure of data transmitted of received or stored on its system. Tigahost shall not be liable to customer or any of its customers for any claims or damages which may be suffered by customer of its customers, including, but not limited to, loss or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by or resulting from delays, non deliveries, or service interruptions weather or not caused by the fault or negligence of Tigahost.
Customer agrees that it shall defend, Indemnify, save and hold harmless from any and all demands, liabilities, losses, costs, claims, including reasonable attorney’s fees (“Liabilities”) against Tigahost, its agents, its customers, servants, officers, employees, that may arise or result from any services provided, performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Tigahost against Liabilities arising out of any injury to person or property caused by any products sold or distributed in connection with Tigahost’s server or services, material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party, copyright infringement and any defective product which Customer sold on Tigahost’s servers. As a result of this, Customer agrees that Tigahost shall not be liable to Customer for any claims of actual, compensatory and/or consequential damages which may be suffered by Customer, including, but not limited to, losses or damages due to the loss data resulting from delays, non deliveries, or service interruptions caused by the fault or negligence of Tigahost. Notwithstanding the above mentioned, Customer’s exclusive remedies, damages, losses and causes of actions shall not exceed the aggregate dollar amount which Customer paid during the term of this Agreement.
5. DOMAIN NAME
Tigahost will acquire, at the request of the Customer, an Internet Domain Name (only from the HKDNR, Godaddy, Namecheap and eNom) on behalf of the Customer. In such case the Customer hereby waives any and all claims which it may have against Tigahost for any loss, damage, claim or expense arising out of, or in relation to registration of such Domain Name in any online or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of services by Tigahost for any reason. Any costs incurred by Tigahost in obtaining or maintaining a domain name for Customer or its customers shall be at the expense of the Customer.
6. INVOICING AND SERVICE FEES
Invoicing for a web site shall be as follows: Customer shall be billed in accordance with the above stated terms, unless otherwise agreed upon. Payments of the service fee will be done upon inception (sign-up date). In the event that Customer shall fail to pay in advance for the services provided herein or in the event there shall exist any delinquency in the Customer’s account then, in such event, Tigahost reserves the right, in its sole, absolute and unfettered discretion, to terminate this agreement and discontinue service to the Customer without notice or liability for actual, compensatory or consequential damages to Customer for the interruption in service. Tigahost shall be entitled to unilaterally terminate this agreement, in which case the provisions of paragraph 1, 2, 3, 4 and 5 shall continue in full force and effect, and/or, at its sole discretion, Tigahost may discontinue or suspend service to Customer until payment is made. Any service disconnection or suspension will result in the requirement of re-connect fee which shall be the same as the setup-fee described in the attached annex. Initial service and setup-fees shall be in accordance with the attached annex. All support inquiries are to be initiated via e-mail to email@example.com. Tigahost will make a diligent effort to resolve any problems related to Tigahost hardware or supporting software.
7. 30 DAY-MONEY BACK GUARANTEE (for shared hosting only)
The 30 day money-back shall apply to the refund on the agreed upon monthly plan fees and shall exclude, without limitation, the refund of any or all setup fees, service fees, transfer fees, domain registration fees, design/development fees, software purchase fees, and any promotional discounts, etc. ONLY web hosting monthly fees are refundable. Customer will automatically be charged non-refundable additional fees in the event that this Customer is in excessive use of the agreed upon services, including, but not limited to, the use of additional bandwidth, file transfers in excess of plan limits, or mega byte space.
When customer request refund under our 30-Day Money Back Guarantee, the setup fee will be charged and deducted to cover our administration costs.
8. REFUND POLICY
All payments to Tigahost. are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage (if applicable).
All cancellations in accordance with the terms and conditions contained herein must be submitted in writing via Tigahost’s online contact form, email to firstname.lastname@example.org or Customer may submit a request for cancellation in writing via registered mail. 30 Days Notice of cancellation is required. All Customer accounts must be paid in full before the transaction will be considered complete.
Tigahost reserves the right to make changes to any of the above terms and conditions of this agreement immediately and without notice to Customer. Changes in monthly service fees are effective only at the end of any calendar quarter for which Customer has already prepaid. The use of the service by the Customer following the effective date of such change shall be proof of acceptance of Customer of such change(s).
11. RESTRICTIVE USE
The Customer may only use Tigahost’s service for lawful purpose. In the event that at any given time, Tigahost believes that the service is being used by the Customer in contravention with any of the terms and provisions contained in this agreement, Tigahost has the right to immediately discontinue such service to Customer without liability other than to refund any unearned prepaid service fees. The following are restrictive uses and shall be cause for the immediate termination of web services and this agreement without notice to the Customer. Tigahost will act as the sole judge as to what constitutes a violation.
~ Unauthorized distribution or copying copyrighted software, embezzlement, fraud, trafficking obscene materials, drug dealing and other illegal activities.
~ Unsolicited advertising via e-mail and/or “Spamming” is a violation of this agreement. Such prohibited conduct subjects Customer to immediate cessation of service as provided herein and the termination of this agreement without notice.
~ Using a non-existing e-mail return address on a commercial solicitation, spamming (sending unsolicited advertising to numerous e-mail addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user), trolling (posting outrageous messages to generate numerous responses), mailbombing (sending multiple messages to one recipient without new content), subscribing someone else to a mailing list without that person’s permission, cross-posting articles to newsgroups or to enter, or attempt to enter, without authorization a protected area or computer system.
~ The customer expressly understands and agrees that Adult oriented websites featuring nudity and acts of sexual nature are not permitted on our network. We reserves the right to immediately terminate and remove any such unauthorized web sites without notice and discontinue service to Customer without notice or liability to actual, compensatory or consequential damages to Customer for interruption of service.
12. SUPPORT BOUNDARIES
We limit our technical support to our area of expertise. The following is our guidelines when providing support: We provides support related to your server or virtual site physical functioning. We does not offer tech support for application specific issues such as php programming, html or any other such issue. We does not provide technical support for YOUR customers.
13. RESPONSIBILITY FOR CONTENT
You, as Tigahost’s customer, are solely responsible for the content stored on and served by your dedicated server or virtual site.