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 1 Gig Web Hosting server in connection with Client's use of the Services which:
 

Client may occupy only the amount of disk space on the 1 Gig Web Hosting Server and utilize no more than the network bandwidth that is allotted by 1 Gig Web Hosting. 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.

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.

If you employ any script designed send spam on a 1GigHost server you agree to pay a penalty fine of $10,000 per incident to help compensate 1GigHost for damages incurred by IP bans, blocks and consumer complaints that either directly or indirectly damage 1GigHost business image and or credibility with its upstream providers. This includes but is not limited to any Perl, CGI or java script designed to avoid detection. We will enforce this policy.  Our legal counsel works on a percentage retainer and is happy to pursue financial remuneration on behalf of 1GigHost.

E-mail service is provided as a courtesy. Any abuses of the service will result in account removal. If 1GigHost is forced to remove your account for system abuse you will forfeit all fees paid for services. This is done to discourage "spammers" that bounce from host to host sending large quantities of e-mail.

"Client also shall not engage in any unsolicited email practices at 1 Gig Web Hosting, or otherwise, that mentions or reference any domain hosted on 1 Gig Web Hosting servers or parked on 1 Gig Web Hosting DNS servers. You may be held responsible for a $25 per UCE fine imposed by our upstream providers. Protect your wallet and ours.

Client agrees to use only properly licensed third party software in connection with Client's use of the Services.

Client will have the ability to reinstate files which are automatically archived by 1 Gig Web Hosting; however,1 Gig Web Hosting 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.

1 Gig Web Hosting reserves the right to refuse service to anyone.1 Gig Web Hosting, 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  abuse@1gighost.com

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 month-to-month basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section 3. 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 Server Cancellation Information page. The essence of this page states that Client must contact the 1 Gig Web Hosting 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. Sections 3 - 8 shall survive termination or expiration of this Agreement.

If Client terminates its account, Client shall be allowed to re-instate Client's use of the Services within Seven (7) business days of cancellation. Client shall pay a fee of Fifty Dollars ($50) prior to any re-instatement of Client's account. Once payment has been received, Client's account will be activated within Forty-Eight (48) business hours. 1 Gig Web Hosting will maintain an archival copy of Client's Web site for Seven (7) days after 1 Gig Web Hosting receives notice of cancellation. Thereafter, Client will need to place a new order if it wishes to subscribe to the Services.

Client will pay and indemnify and hold 1 Gig Web Hosting harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.

THE SERVICES, THE 1 Gig Web Hosting SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE 1 Gig Web Hosting SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. 1 Gig Web Hosting DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, 1 Gig Web Hosting SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.

NO EVENT SHALL 1 Gig Web Hosting BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE 1 Gig Web Hosting SITE OR ANY 1 Gig Web Hosting PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL 1 Gig Web Hosting’S CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 US).

Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by postal mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile.

If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by 1 Gig Web Hosting. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to it’s conflict of law rules. This Agreement and 1 Gig Web Hosting’s policies are subject to change by 1 Gig Web Hosting without notice. Continued usage of the Services after a change to this Agreement by 1 Gig Web Hosting or after a new policy is implemented and posted on the 1 Gig Web Hosting Site constitutes your acceptance of such change or policy. We encourage you to regularly check the 1 Gig Web Hosting Site for any changes or additions.