Terms & Conditions

This agreement represents the complete agreement and understanding between BESTGIGA INC. Inc., and the customer (hereinafter called ACCOUNT HOLDER) and supersedes any other written or oral agreement. Upon notice published on-line via BESTGIGA INC., BESTGIGA INC. may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change the services offered.
Submission of your account order shall constitute your acceptance of these Terms and Conditions.

1. Provision of services

1. Service means - ANY act of serving the ACCOUNT HOLDER, being provided by BESTGIGA INC., regardless of its duration and whether it's a paid service or a service for free.
2. Without limiting the scope of item 1.a. above, BESTGIGA INC. will provide services on its host computing systems to individual ACCOUNT HOLDERS in exchange for payment of fees and compliance with the terms and conditions of this document.
3. BESTGIGA INC. Services are defined as the use by the ACCOUNT HOLDER of computing, telecommunications, software, and information services provided by BESTGIGA INC. These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the Global Internet.
4. For existing customers only, BESTGIGA INC. may, with 30 days notice, amend the fees and/or charges for any future server usage and services.
5. Be advised that upon registering a domain name with InterNIC you will be subject to the Terms and Conditions of InterNIC or other registries as applicable.

2. Use of Material

1. Public Domain materials (e.g., images, text, and programs) may be downloaded or uploaded using BESTGIGA INC. services. ACCOUNT HOLDERS may also redistribute materials in the public domain. The ACCOUNT HOLDER assumes all risks regarding the determination of whether the material is in the public domain.
2. As provided by United States federal law and by International treaties, copyrighted materials (e.g., images, text, and programs) may not be uploaded using BESTGIGA INC. services without the permission of the copyright holder. Copyrighted materials may be downloaded for personal use. Except as expressly permitted, materials under copyright may not be distributed to others. Copyrighted material may not be changed nor can the author attribution notices nor the copyright notices be modified.

3. Use of Services

1. The ACCOUNT HOLDER agrees to maintain a secure password to the account. Secure passwords are those that are between 6 and 8 characters long, contain upper and lower case letters, and numbers or other characters, and can not be found in direct or reverse order in a dictionary, without regard to the language of the dictionary. The ACCOUNT HOLDER is solely responsible for changing its password as required to assure secure access to its account.
2. The ACCOUNT HOLDER agrees to use the services provided by BESTGIGA INC. as permitted by applicable local, provincial, state, and federal laws. The ACCOUNT HOLDER agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law, libelous, or against any BESTGIGA INC. policy.
3. BESTGIGA INC. reserves the right to refuse service to any new or existing customers and refund the remaining balance on the account, if any.
4. The ACCOUNT HOLDER is solely responsible for any legal liability arising out of, or relating to, his/her web site at BESTGIGA INC. The ACCOUNT HOLDER represents and warrants to BESTGIGA INC. that it holds the necessary rights to permit the use of any of the items on his/her web site, and, that the use, reproduction, distribution, transmission or display of any data to the public, and any material to which the public can link through, or any products of services made available to the public through his/her web site, will not -
   
   
   1. violate or potentially violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, business or personal dispute or argument, invasion of privacy or rights of celebrity, violation of any anti discrimination law or regulation, or any other right of any person or entity, or any personal or business argument or dispute; or
   2. contain any material that is: unlawful, harmful, fraudulent, libelous, slanderous, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically, disputatiously, argumentatively or otherwise objectionable, including, without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national or international law. ACCOUNT HOLDER agrees to indemnify and to hold BESTGIGA INC., and any third party entities related to BESTGIGA INC., harmless from and against any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses arising out of or related to:
      • The ACCOUNT HOLDER's breach of any of the forgoing representations and warranties, or
      • any other third party claim with respect thereto.
   
   
5. The ACCOUNT HOLDER understands and agrees that hosting of the ACCOUNT HOLDER's web site is at the sole discretion of BESTGIGA INC. BESTGIGA INC. may at its sole discretion discontinue web site hosting service to any ACCOUNT HOLDER operating a web site that BESTGIGA INC. deems to be in violation of Section (3d.) of these Terms and Conditions.
6. BESTGIGA INC. accounts cannot be transferred or used by anyone other than the subscriber. ACCOUNT HOLDERS may not sell, lease, rent or assign the connection or parts of the connection to any party not named in this agreement.
7. Use of other organizations' networks or computing resources is subject to their respective permission and usage policy.

4. Indemnification

The ACCOUNT HOLDER agrees to protect, defend, hold harmless and to indemnify BESTGIGA INC., its Executives, Directors, Officers, Managers, Employees, Consultants and Agents, from any claims, including attorney's fees, resulting from the ACCOUNT HOLDER's use of BESTGIGA INC.'s services.

5. LIMITED LIABILITY

1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY SHALL BESTGIGA INC. BE LIABLE TO THE ACCOUNT HOLDER FOR ANY BUSINESS LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS/SERVICES, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, OR INABILITY TO USE, ANY OF BESTGIGA INC.'S SERVICES, EVEN IF BESTGIGA INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BESTGIGA INC.'S LIABILITY EXCEED THE MONTHLY FEE PAID BY THE ACCOUNT HOLDER. THIS LIMITATION OF LIABILITY AND RISKS IS REFLECTED IN THE PRICE OF BESTGIGA INC.'S SERVICES.
2. The ACCOUNT HOLDER acknowledges that BESTGIGA INC. makes an honest effort to keep the information available on BESTGIGA INC.'s systems accurate. However, BESTGIGA INC. can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity for the data and/or information available. Use of information obtained from or through BESTGIGA INC. is at the risk of the ACCOUNT HOLDER.
3. The ACCOUNT HOLDER acknowledges that the information available through the interconnecting networks may not be accurate. BESTGIGA INC. has no ability or authority over the material. BESTGIGA INC. can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information residing on or passing through these networks. Use of information obtained from or through BESTGIGA INC. services is at the risk of the ACCOUNT HOLDER.
4. The ACCOUNT HOLDER understands, agrees and acknowledges that BESTGIGA INC. makes an honest effort to provide the ACCOUNT HOLDER with Technologies, Developments and Innovations that part of them are being licensed, or co-branded, from or by, third-party entities. However, BESTGIGA INC. can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, reliability or validity for the application(s), data and/or information involved in such items. BESTGIGA INC. specifically disclaims all warranties of merchantability and and fitness for a particular purpose. The use of these application(s), data and/or information obtained from or through BESTGIGA INC., or any other referred third-party, directly or indirectly, is at the risk of the ACCOUNT HOLDER.

6. Payment of fees and penalties

1. The BESTGIGA INC. accounting cycle begins on the date when customer signs up of each month. Charges for terminating accounts are not prorated.
2. Service payments will be submitted in advance of receiving services. The starting date of the billable period will be the earlier of - the day we receive the electronic order form or the day customer signs up via fax.
3. The ACCOUNT HOLDER acknowledges that he/she is responsible to initiate a payment in order to renew his/her service once the original service-period has ended.
4. Payment is due at beginning of each accounting cycle.
5. Delinquent accounts are those that remain unpaid 5 days after beginning of accounting cycle.
6. Accounts that are delinquent are put on "accounting hold" and may not be used. Accounts that are unpaid for a whole accounting cycle automatically have their files archived. Accounts that are unpaid for 2 accounting cycles have their files purged. BESTGIGA INC. accounts continue to accrue charges while they are on hold.
7. There is a service reconnection charge equal to one half the currently charged setup fee to remove accounts from accounting hold status.
8. The ACCOUNT HOLDER acknowledges responsibility for the account until payment in full is made.
9. There is a CND$25.00 service charge for each check which is not honored.
10. Trades, Charity and Promotional accounts are NOT qualified for our special discount on advance payment.
11. The ACCOUNT HOLDER will be charged for excessive bandwidth and disk space usage (above the relevant allowance of the chosen service package). It is the ACCOUNT HOLDER responsibility to monitor the amount of bandwidth of his/her account, on a daily basis. BESTGIGA INC. has no obligation to warn the ACCOUNT HOLDER regarding the excessive bandwidth usage.

7. "NOT-TO-RENEW" Requests

1. This agreement will commence upon the ACCOUNT HOLDER's acceptance of it and continue on a month-to-month basis.
2. For ACCOUNT HOLDERS that pay on a MONTHLY basis ONLY - "NOT-TO-RENEW" requests for BESTGIGA INC. accounts must be given via a telephone call to BESTGIGA INC.'s main office(Telephone number available on the contact section of BESTGIGA INC.'s website). Such requests must be received by 5PM Pacific Standard Time on the last day of each month, in order to be processed by the end of the same month.
3. For ACCOUNT HOLDERS that pay on a NON-MONTHLY basis (3,6 and 12 months) ONLY - "NOT-TO-RENEW" requests for BESTGIGA INC. accounts must be given via a telephone call to BESTGIGA INC.'s main office. Such requests must be received by 5PM Easten Standard Time 15 DAYS before the account's anniversary date, in order to be processed before anniversary date. This will prevent an automatic renewal and charge).
4. All BESTGIGA INC. accounts must be paid in full before the transaction will be considered complete.
5. BESTGIGA INC. will provide a 30 day money back guarantee. The 30 days start from the earlier of - the day we receive the electronic order form or the day customer signs up via fax. In any case, the domain name registration fee, setup fee, extra bandwidth and extra storage space charges are not refundable.
6. Cancellations will NOT generate ANY refund.

8. Abuse of Services

1. Any use of BESTGIGA INC. system resources that disrupts the normal use of the system for other BESTGIGA INC. customers is considered to be abuse of system resources and is grounds for administrative intervention. Some examples of system abuse include, but are not limited to, spawning dozens of processes, consuming excessive amounts of memory or CPU for long periods of time, spamming or mass emailing using internal or external mail and/or news servers. Without limiting the scope of the above, BESTGIGA INC. forbids the storage of illegal/pirated software (warez), the use of any type of IRC bot and/or proxy (including, but not limited to, bnc and eggdrop), the storage and use of any type of software intended for hacking/cracking purposes and the storage or sale of bulk e-mail lists intended for spamming or resale purposes.
2. Depending on the nature and the severity of the abuse, the user may receive an E-mail warning or have his/her account suspended by BESTGIGA INC. Technical Support. If the misuse is unintentional, the suspension may be rescinded following discussion with BESTGIGA INC. Technical Support. If the misuse is intentional, the suspension may be rescinded at the discretion of the Operations Manager, and may require the payment of a service re connection charge. Occasionally, unintentional misuse is misclassified as intentional misuse. ACCOUNT HOLDERs who believe their activity has been misclassified may appeal to the Operations Manager. However, spamming activities will result in immediate termination of services to Account Holder.
3. Unethical and criminal offenses are violations of BESTGIGA INC. conditions of use. You are expected to report to BESTGIGA INC. any information you may have concerning instances in which the conditions of use have been or are being violated. When BESTGIGA INC. becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, BESTGIGA INC. may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of the Operations Manager, following payment of a re active charge $50CND.

9. IP Addresses

BESTGIGA INC. maintains control and ownership of any and all IP numbers and IP addresses that may be assigned to the ACCOUNT HOLDER and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

10. Assignment

The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective successors, executors and administrators, as the case may be, provided that the ACCOUNT HOLDER may not assign or delegate its rights and obligations under his business relationships with BESTGIGA INC., either in whole or in part, without the prior written consent of BESTGIGA INC. BESTGIGA INC. may assign its rights and obligations under this Agreement to a third party in connection with a merger, consolidation, sale of all or substantially all of BESTGIGA INC.'s assets or other corporate reorganization.

11. Governing Law/Severability

Any Agreement, arising from the business relationships between BESTGIGA INC. and the ACCOUNT HOLDER, will be governed by and construed in accordance with the laws of the Province of Ontario (Canada), without reference to its conflicts of laws principles. ACCOUNT HOLDER agrees that any litigation or arbitration between the parties will take place in Ontario (Canada), and consent to personal jurisdiction and venue in that Province. If any provision of that Agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of that Agreement will continue in full force and effect.

12. Age of Majority

BESTGIGA INC. cannot accept agreements and payments from persons under the age of 18 years. Therefore, BESTGIGA INC. requires that its agreements be made with a person who is qualified to contract. As such, the ACCOUNT HOLDER must be over the age of 18 years. Otherwise, a parent or guardian must accept this agreement and ensure the proper payment.

13. Complete Understanding/Modification

These Terms & Conditions constitute the full and complete understanding and agreement of the ACCOUNT HOLDER and BESTGIGA INC., relating to the subject matter hereof, and supersedes all prior understandings, agreements, representations and warranties relating to such subject matter. Any waiver, modification, or amendment of any provision of this Terms & Conditions, initiated by the ACCOUNT HOLDER, will be effective only if accepted in writing and signed by BESTGIGA INC.