GIANT POLICIES
Hosting Terms of Service
A Guide to Our Legal Policies
Introduction
This document outlines the terms of service (“Terms”) between Giant, a Washington corporation (“Hosting Company”), and any individual or entity (“Client”) who uses Giant’s web hosting services. By using the services, Client agrees to be bound by these Terms.
Service Description and Monthly Fees
The Hosting Company provides web hosting services to Clients. The Hosting Company does not guarantee the proper functioning of any software on the Client’s website. If issues arise with the software, the Hosting Company will notify the Client and provide an estimate for fixing the issue before proceeding with any work. The Client agrees to pay the Hosting Company a monthly fee as agreed upon signing up for the services. The monthly fee covers the hosting services the Hosting Company provides but does not cover any additional work performed on the Client’s website.
Giant offers four web hosting packages with different storage and bandwidth capacities. We encourage you to refer to our detailed service descriptions on the Giant website to ensure you choose the package that best fits your needs. There, you will find comprehensive information on the number of pages, storage, and bandwidth for our Essentials, Enhanced, Premier, and Enterprize packages. Additionally, the website provides current pricing for monthly hosting and other relevant services.
For complete details, please visit Giant’s Website Services.
Website User Access and Permissions
- Scope of Access: The User’s access to the Services provided under this Agreement is limited strictly to the level and scope of access purchased as defined in the Service Package (the “Authorized Access”). The User is not entitled to any features or resources beyond those in the Authorized Access.
- Administrative Access: The User acknowledges and agrees that administrative-level access to the Services’ hosting environment or website (“Admin Access”) is expressly prohibited and shall not be provided at any time. The User shall have no capability to make any changes to the hosting environment that could affect the underlying infrastructure, other users, or the overall integrity of the Services.
- Blog Access: If the User has purchased a Service Package that includes creating and hosting a blog (“Blog Access”), the User shall be granted the necessary permissions to manage and publish content to their blog within the confines of the provided platform and tools. Blog Access is subject to the terms and conditions of this Agreement and is limited to the User’s blog as hosted by the Service Provider.
- Gallery Access: Similarly, if the User’s Service Package includes access to a digital image gallery (“Gallery Access”), the User is permitted to upload, manage, and display images within the parameters set by the Service Provider. Gallery Access, like Blog Access, is confined to the functionalities provided and does not extend to any administrative functionalities.
- No Unauthorized Access: The User agrees not to attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services or any server used by the Service Provider, by hacking, password “mining,” or any other illegitimate means.
- Compliance with Terms: The User shall use the Services strictly by the terms of the Authorized Access. Any use of the Services outside the scope of the Authorized Access, as detailed in this Agreement and the accompanying Service Package description, is a breach of this Agreement and may result in suspension or termination of the User’s Account and access to the Services.
- Modification of Access: The Service Provider reserves the right to modify, enhance, or restrict the User’s access at any time due to non-compliance, security concerns, or any other reason deemed necessary by the Service Provider in the pursuit of maintaining service integrity and security.
- Proprietary Rights, Software, and Licenses: Giant retains sole and exclusive ownership of all rights, title, and interest in and to the website, including but not limited to the designs, which are created using software that employs dynamic templates for site creation, functionality, code, software, and related files (“Proprietary Data”). Giant owns, has created, or has obtained the necessary licenses for all software and templates used to power and design the website, which the Client is authorized to use while the site is owned and hosted by Giant. This Proprietary Data, including the dynamic templates and associated software, is considered confidential and proprietary information of Giant, protected under applicable intellectual property laws.
The Client acknowledges that the Proprietary Data, software, and any files generated using the dynamic templates shall not be shared, distributed, replicated, or provided to the Client or any third party for any reason unless expressly authorized in writing by Giant. Specifically, files created in the software that uses dynamic templates to design the sites will never be shared with the Client. Unauthorized use or disclosure of Proprietary Data, software, licenses, or template-generated files may cause irreparable harm to Giant, for which monetary damages would be insufficient. Therefore, Giant is entitled to seek injunctive relief and any other remedies available at law or in equity to prevent any unauthorized use or disclosure.
- Termination of Hosting Services: the Hosting Company reserves the right to terminate hosting services provided to the Client at any time and for any reason at the Hosting Company’s sole discretion. Upon such termination, Giant will make reasonable efforts to notify the Client in advance and assist in the transition of services according to the terms outlined in this Agreement. This termination clause is in place to ensure the flexibility of hosting operations and the integrity of services provided.
Website Release Agreement Requirement
In providing access to specific site functionalities or transferring the site to the client’s control, Giant requires the client to sign a Website Release Form. This form is crucial for delineating responsibilities post-transfer or post-access, ensuring a clear legal understanding that:
- Liability Release: By signing the Website Release Form, the client acknowledges that Giant is released from any liability related to the site’s workmanship, performance, or any other web-related issues that may arise after the transfer or access is granted. This release covers all aspects of the site’s operation, including but not limited to performance issues, security vulnerabilities, and functionality concerns.
- Responsibility for Damages and Repairs: Post-release, any required repairs, modifications, or maintenance to the site will be undertaken by Giant at the client’s request and will be billed at Giant’s current hourly rate. The client accepts that these services are outside the scope of any previous agreements and acknowledges their responsibility for any costs incurred as a result.
- Comprehensive Acknowledgment: The execution of the Website Release Form signifies the client’s comprehensive understanding and agreement to these terms, marking their assumption of responsibility for the ongoing maintenance and performance of the site following the completion of Giant’s direct involvement.
Payment Terms
The client agrees to pay all fees every month on the due date as agreed upon when signing up for the services. If the Client fails to pay when due, the Hosting Company may suspend the hosting services until payment is received. If the Client’s account is overdue for more than 30 days, the Hosting Company reserves the right to terminate the hosting services and delete all data on the Client’s account.
Billing
The Hosting Company charges hourly for work performed on the Client’s website, including but not limited to fixing software issues. The Hosting Company will provide an estimate before the work is completed and a detailed invoice for all work performed.
Client may cancel their hosting services at any time by providing written notice to the Hosting Company at least 30 days before the desired cancellation date. The Hosting Company will discontinue the services on the date specified in the written notice. No refunds will be given for any portion of the monthly fee.
Account Cancellation
If the User is delinquent in payment or owes the Hosting Company fees, the Hosting Company reserves the right to suspend hosting or any other services provided until the User’s account is settled and no longer considered non-compliant. Such suspension will continue until the outstanding amount is fully paid, thereby restoring the account to compliant status and resuming normal service provisions. Please note there may be reactivation fees associated with reinstating any of the services provided by the Hosting Company.
Termination of Hosting Services
The Hosting Company reserves the right to terminate hosting services provided to the Client at any time and for any reason at the Hosting Company’s sole discretion. Upon such termination, Giant will make reasonable efforts to notify the Client in advance and assist in the transition of services according to the terms outlined in this Agreement. This termination clause is in place to ensure the flexibility of hosting operations and the integrity of services provided.
Disclaimer of Warranty
THE HOSTING COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE HOSTING COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation of Liability
THE HOSTING COMPANY WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Modifications to Terms
The Hosting Company reserves the right to modify these Terms at any time. Any such modifications will be effective immediately upon posting on the Hosting Company’s website. The Client agrees to review the Terms periodically to be aware of any modifications.
Governing Law
These Terms will be governed by and construed by the laws of Washington and the federal laws of the United States applicable therein, without giving effect to any principles of conflicts of law.
Entire Agreement
These Terms constitute the entire agreement between the Client and the Hosting Company and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter of these Terms.
Acknowledgment and Agreement by Payment
Payment as Acceptance of Terms: The Client acknowledges that by making any payment to the Hosting Company in relation to the services provided, they are expressly acknowledging and agreeing to all the terms and conditions outlined in this agreement. This includes, but is not limited to, the terms regarding copyright and ownership, confidentiality, use of proprietary materials, and limitations on liability.
Informed Consent: The act of payment signifies the Client’s informed consent to the agreement as a whole, including their understanding of and agreement to comply with all its stipulations, restrictions, and requirements as set forth by the Hosting Company.
Prior to making a payment, the Client is responsible for thoroughly reviewing the agreement and seeking clarification on any points as necessary. Payment made without such review does not exempt the Client from the obligations and responsibilities outlined in this agreement.
Each payment made by the Client will be taken as evidence of their ongoing acceptance of the agreement terms, including any amendments or updates that may have been made to the agreement up to the point of each payment.
Contact Information
If you have any questions regarding these Terms, please contact Giant, at create@giant.is.
