Disclaimer & Policies

Terms

By accessing this web site, you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

Use License

Permission is granted to temporarily download one copy of the materials (information or software) on GigaBitWare's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  1. modify or copy the materials;
  2. copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, or make any other use of any of the content obtained from this Web site
  3. attempt to decompile or reverse engineer any software contained on GigaBitWare's web site;
  4. modify the documents or graphics, copy or distribute graphics separate from their accompanying text, or quote materials out of context.
  5. remove any copyright or other proprietary notations from the materials; or
  6. transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by GigaBitWare at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Trademarks

Various product names, logos, designs, titles, words or phrases within this Web site may be trademarks, service marks, or trade names of GigaBitWare or other entities, and may be registered in certain jurisdictions and countries. All other trademarks, product names, and company names and logos appearing on this Web site are the property of their respective owners.

GigaBitWare trademarks may not be used in connection with any product or service that is not GigaBitWare, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GigaBitWare LLC..

Disclaimer

The materials on GigaBitWare's web site are provided "as is". GigaBitWare makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, GigaBitWare does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

Limitations

In no event shall GigaBitWare or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on GigaBitWare's Internet site, even if GigaBitWare or a GigaBitWare authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Revisions and Errata

The materials appearing on GigaBitWare's web site could include technical, typographical, or photographic errors. GigaBitWare does not warrant that any of the materials on its web site are accurate, complete, or current. GigaBitWare may make changes to the materials contained on its web site at any time without notice. GigaBitWare does not, however, make any commitment to update the materials.

Links

GigaBitWare has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by GigaBitWare of the site. Use of any such linked web site is at the user's own risk.

Terms of Use Modifications

GigaBitWare may revise these terms of use for its web site at any time without notice. The revised version will be effective at the time it is posted. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions as well as any updated version. It is user's responsibility to periodically review these terms of use as well as any other policies to stay up to date with any changes.

Governing Law

Any dispute dealing with GigaBitWare shall be determined by arbitration conducted by the American Arbitration Association pursuant to its commercial arbitration rules. The arbitrator shall decide any dispute in accordance with Florida law, without the application of choice of law principles. Each party shall bear its own expenses and legal fees for the arbitration. The arbitration shall be conducted in Hernando County, Florida, unless both parties agree in writing to a different location. The arbitration award is enforceable as a judgment of any court having proper jurisdiction.

Privacy Policy

Your privacy is very important to us. Accordingly, GigaBitWare. has created a privacy statement to demonstrate our firm commitment to privacy and protection of all persons who visit GigaBitWare websites. The following outlines our privacy policy.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

Any written or verbal communications, comments, reviews, or testimonials sent to GigaBitWare, or any of its functioning properties, is considered property of GigaBitWare and may be used or replicated at our discretion.

Billing

Account Setup

The account will be charged on the day an order is placed. If at the time an order is placed you have any unpaid for products or services you will be billed for those as well.

Prices

Prices, technical specifications, and product offerings are subject to change without notice, at any time. Due to the uncertain nature of web design and development, GigaBitWare invoices based on hours worked, not on previous or current estimates of cost. This policy survives any other contracts, estimates, or invoices.

Cancellation Procedure

Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information in the form of a credit card number or other payment information, or the billing password. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification.

You will not receive a refund for billing that has already occurred and your account will remain active until the end of your last billing cycle. It is user's responsibility to ensure that they understand the products and/or services they are ordering. No refunds will be provided for any reason other than if someone fraudulently used your credit card.

All profile, blog, and other information may remain in our database after cancellation. This information will be available to you if and when you are ready to return to using the service. To ensure that your credit card will not be charged for the next billing cycle, you MUST cancel any service no later than two days before your next scheduled billing period begins. You will still have access to all resources until the end of your last paid billing cycle. When the last paid billing period expires, access will be limited.

Late Payment Charge

A one-time late fee of 5% with a minimum of $19.99 will be added to all unpaid invoices after due date.

Finance Charge

A finance charge of 18% will be charged to your account if payments are still not received 30 days after due date.

Billing Cycle

You may log into your account at any time to see invoices as well as current items that are pending invoicing. Recurring products and services, as well as some development and design may go into a pre-invoiced status as shown in the billing section of your account. On or about the first of every month an invoice will be generated for all pending items as well as any previous balance with a due date of the 6th.

If at any time your total balance reaches your billing threshold you will automatically be invoiced for all unbilled items.

Automatic Payments

Payment will be automatically attempted on the due date indicated in the invoice. If payment cannot be made at that time you will be charged a $1.75 billing fee. Additionally if you have provided an alternate billing method then we will attempt payment using the alternate method. If you have chosen a payment method such as cash, check, money order, or any other non-automatic method, payment must be made prior to the due date listed to avoid the billing fee.

GigaBitWare Banking

If you are using our GigaBitWare Banking service (only available to approved partners,) payments will be taken directly from your GigaBitWare account immediately when invoice is created. If funds are not available at that time a 5% billing fee will be billed.

Payments received

Payments received will be applied to the oldest unpaid invoice first. Even if a payment is made on a newer invoice it may later be reallocated to an older invoice if such invoice exists. If invoices exists (even if not yet due) and you are owed funds for any services or programs which may pay out to you, those funds would instead be applied to any and all such invoices.

Check Orders

Accounts for subscribers who wish to pay by check will be setup when the check is received by GigaBitWare.

Disabling of accounts due to overdue payment

Accounts may be disabled if payment is not received on or before the due date. If your account has been disabled, you may be charged a reconnection fee of $50 up to $250 in order to re-enable your account. If GigaBitWare elects not to disable an account immediately after payment is late it may be disabled at a later time. If the account is disabled later than expected this does not grant an extension before the account is deleted.

Termination of accounts due to overdue payment

If the account is not paid within 30 days of the due date, the account will be terminated and all information within the account may be deleted.If GigaBitWare elects to delay termination the account may be terminated at a later time without notification.

Domain Name Dispute Resolution

If you so choose we may elect to resolve your domain name dispute. We will do so following the guidelines of the ICAN policies found at the links below. It is recommended that each party involved do all they can to resolve the issues themselves before contacting us.

If a complainant contacts GigaBitWare with a complaint we will direct them to send us in electronic form of the complaint as well as all supporting documents (including all previous attempts to resolve the issue) along with an administrative fee of $75.00. Any additional contact should be in electronic form.

Once the fee is received a copy of the complaint along with any supporting documents will be sent to the domain owner with a deadline of 20 days to respond. After the deadline provided in the documentation the domain owner will not be able to provide any additional documentation. Within 5 days after the deadline the complainant will be given the opportunity to provide a response if they so choose. Thereafter each response will be forwarded to the other party within two days given the other party an additional two days to respond.

Afterword's a panel will be assembled and a decision will be made. The decision made will be enforced using the ICAN policy previously mentioned.

Individual Services

Individual services may have additional terms and conditions. Many of these terms and conditions may be found in the "Additional Terms and Conditions" section below. Others will be displayed when activating those services and is also available in its respective dashboard/setup pages. You must additionally agree to these additional terms to use those services.

Additional Terms and Conditions