Last Updated on January 29, 2019

The following terms and conditions govern all use of Giganizm, Giganizm.com website and all content, services, and products available at or through the website, including, but not limited to, web hosting services (taken together, the "Website").

Your agreement is also with CBN Ventures LLC ("Company", "We", "we", "us", "our").

The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the Company Terms and Conditions and the Company Privacy Policy) and procedures that may be published from time to time on this site by Company (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any of Website's services.

The account holder ("Customer", "Customers", "You", "you", "Your", "your") certifies that he or she is 18 years of age or older. If the Customer is under 18 years, a parent or legal guardian will act as the Customer. Any person who registers as a user or provides their personal information to the Website represents that they are 18 years of age or older, with or without a parent or legal guardian.

1. Your Account and Site

If you create one (1) or more sites ("Account") on the Website, you are responsible for maintaining the security of your Account, and you are fully responsible for all activities that occur under the Account and any other actions taken in connection with the Account.

You must not describe or assign keywords to your Account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Company may change or remove any part of the Account that it considers inappropriate or unlawful, or otherwise likely to cause Company liability.

You must immediately notify the Company of any unauthorized use of your Account, your account or any other breaches of security. Company will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

2. Payment and Renewal

  1. General Terms. If you sign up for a service ("Paid Services") such as, but not limited to, web hosting services, you agree to pay Company the monthly or annual subscription fees indicated for that service. Payments will be charged on a full-rate basis on the day you sign up for any Paid Services and will cover the use of that service for a monthly or annual subscription period as indicated.
  2. Automatic Renewal. Unless you notify Company before the end of the applicable subscription period that you want to cancel any Paid Services, your Paid Services will automatically renew and you authorize us to collect the then-applicable monthly or annual subscription fee for such Paid Services (as well as any taxes) using any credit card or other payment mechanisms we have on record for you. Paid Services can be canceled at any time by contacting Company through the Website contact page.
  3. Change of Plans. When you signup for Paid Services, you must select a plan. Limitations apply to all plans. In the case of any changes, requested features or services that a plan does not have, Company reserves the right to upgrade your plan to a higher level plus charge any applicable fees.
  4. Features and Services. When you request for Extra Features or Extra Services (collectively, "Extras"), you agree and authorize Company to collect the applicable amount due (one-time fee, monthly fee or annual fee) using any credit card or other payment mechanisms we have on record for you, for the Extras requested.
  5. Special Programs. Paid Services and Extras that are offered at a discount or for free ("Program" or "Programs") is bound by additional Program rules, agreements, or contracts. Company reserves the right to remove Customer from Programs, and charge for any applicable Paid Services and Extras, with or without notice.
  6. Refunds and Cancellations. Paid Services, Extras, and Programs are not exchangeable or refundable. Cancellations will only be honored 7 days before the automatic renewal date and will take effect at the end of the current billing period.
  7. Chargebacks. When a chargeback is requested, we will attempt to contact the Customer. If the Customer is not reachable, we reserve the right to immediately suspend all applicable Paid Services, Extras, and Programs on Customer's Account. We also reserve the right to levy a $150 fee in addition to the chargeback fees that your institution or bank has charged Company for each chargeback requested and any applicable late fees due.
  8. Suspension. When a payment fails, you have seven (7) days to fix the payment method we have on record for you by using any available contact methods. Once seven (7) days is reached, and no payment is made to Company, we reserve the right to suspend all Paid Services, Extras, and Programs on Customer's Account.
  9. Collections. If Customer does not pay on time, Company may send Customer to collections and add any charges associated with collecting unpaid fees.

3. Responsibility of Website Visitors

Company has not reviewed, and cannot review, all of the material posted to the Website, and cannot, therefore, be responsible for that material's content, use or effects. By operating the Website, Company does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful.

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors.

The Website may also contain material that violates the privacy or publicity rights or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.

Company disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

4. Proprietary Rights

We do not claim any ownership rights in your content ("Customer Content") that you provide to the Website in connection with Paid Services, Extras, and Programs (the "Services"). However, to provide the Services, we need you to grant us a right to use the Customer Content.

As such, you hereby grant to us, our affiliates, providers of third-party services, and subcontractors a non-exclusive, fully-paid, perpetual, royalty-free, transferable, revocable, worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute the Customer Content (in whole or in part) but only to the extent necessary to provide the Services.

5. Extras and Programs

  1. General Terms. Extras and Programs are provided to you, free or paid, non-solicited, with no warranty, and is available to you during the length of your Paid Services subscription. Company reserves the right to modify, discontinue, add or remove any part of Extras and Programs at any time, with or without notice.
  2. Additional Program Rules. All Programs come with additional agreements. When in violation of these agreements, Customer may be removed from Programs at any time, with or without notice.

6. Unauthorized Reselling and Distribution

Company reserves the right to immediately suspend all Services if: (i) Customer registers an Account belonging to a legal entity they do not own; (ii) Customer uses any credit card or other payment mechanisms not belonging to the Customer without prior permission from Company (e.g. usage of any personal credit cards on a business account); (iii) Customer resells, redistributes, with or without profit, the Services, without prior permission from Company.

7. Communication

To protect Company from unnecessary chargebacks, Company reserves the right to cancel the renewal of all Services if Customer does not respond to Company's direct communication, including, but not limited to, phone calls, email messages, or direct messages.

8. Service Level Agreement

As Giganizm is a managed web hosting platform, we are pleased to support it with this Service Level Agreement ("SLA"). This SLA is incorporated into this Agreement with us and made a part of it. The remedies set out in this SLA are Customer's sole and exclusive remedy for issues covered by the SLA.

  1. Excused Downtime. "Excused Downtime" means scheduled outages, emergency maintenance, Force Majeure events, downtime caused by a non-standard environment (Customer violation of the Agreement, or use that exceeds Customer plan capacity).
  2. Service Availability. Giganizm will provide service availability of approximately 99.5% ("Service Availability"), calculated on a calendar month basis. The Service Availability will be calculated by the total number of minutes Website is available in a calendar month DIVIDED BY the total number of minutes in a calendar month LESS Excused Downtime.
  3. How to Receive Credits. Customer will receive a one (1) day credit of Customer's monthly or yearly fee for each hour in which we fail to meet the Service Availability for such month ("SLA Credits"). In order to receive SLA Credits, Customer must make a request in writing to Giganizm via the contact page within two (2) days of the event giving rise to such SLA credits. SLA Credits are based on our monitoring, may not exceed the total amount of recurring fees Customer has paid to us for the month in which we failed to meet the Service Availability, are forfeited at the expiration or termination of the Agreement, may not be aggregated, and will not be paid in cash.

9. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material made available through the websites and web pages to which Website links, and that link to Website. Company does not have any control over those non-Giganizm websites and web pages and is not responsible for their contents or their use.

By linking to a non-Giganizm website or web page, Company does not represent or imply that it endorses such website or webpage.

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

Company disclaims any responsibility for any harm resulting from your use of non-Giganizm websites and web pages.

10. Copyright Infringement and DMCA Policy

As Company asks others to respect its intellectual property rights, it respects the intellectual property rights of others.

If you believe that material located on or linked to by Website violates your copyright, you are encouraged to notify Company in accordance with the United States Digital Millennium Copyright Act.

Company will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.

Company will terminate the Account access to and use of the Website if, under appropriate circumstances, the Customer is determined to be a repeat infringer of the copyrights or other intellectual property rights of Company or others.

In the case of such termination, Company will have no obligation to provide a refund of any amounts previously paid to Company.

11. Intellectual Property

This Agreement does not transfer from Company to you, any Company or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Company.

Company, Website, the Website logo, and all other trademarks, service marks, graphics and logos used in connection with Website, or the Website are trademarks or registered trademarks of Company or Company's licensors.

Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties.

Your use of the Website grants you no right or license to reproduce or otherwise use any Company or third-party trademarks.

12. Attribution

Company reserves the right to display attribution links such as "Managed by Giganizm", theme author, and font attribution in Account footer. These attribution links may not be altered or removed at any time unless granted by Company. Company reserves the right to levy a monthly fee or annual fee in addition to the Paid Services, Extras, and Programs if attribution links are altered or removed without written approval from Company.

13. Your Agreement

We are constantly updating our services, and that means sometimes we have to change the legal terms under which our features and services are offered. If we make changes that are material, we will notify you of any changes via email or the Website dashboard.

If you disagree with our changes, then you should stop using the Website immediately. Your continued use of the Website will be subject to the new Terms.

However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

14. Changes

We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the Website or any service, content, feature or product offered through the Website, with or without notice; charge fees in connection with the use of the Website; modify and/or waive any fees charged in connection with the Website; and/or offer opportunities to some or all users of the Website.

You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or any service, content, feature or product offered through the Website.

15. Termination and Suspension

Company may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Account (if you have one), you may request the account holder's account be suspended and other accounts in connection with Account be deleted.

All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Company also reserves the right to withhold and/or delete Customer Content associated with Account if Account is suspended or terminated.

16. Disclaimer

The Website is provided "as is". Company and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.

Neither Company nor its suppliers and licensors make any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

17. Limitation of Liability

In no event will Company, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement of substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Company under this agreement during the twelve (12) month period prior to the cause of action.

Company shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

18. General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the Company Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

19. Indemnification

You agree to indemnify and hold harmless Company, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

20. Miscellaneous

This Agreement constitutes the entire agreement between Company and you concerning the subject matter hereof, and they may only be modified by the posting by Company of a revised version.

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of New York, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in New York City, New York.