By using Baby Gekko IT Consulting's service, Customer hereby agrees to Baby Gekko’s Terms of Service (TOS), Acceptable Use Policy (AUP), Zero Tolerance for Spam Policy.

Unless otherwise specified, in this TOS, the AUP, the ZTSP, and the Privacy Policy, the usage of “us”, “we”, “our”, and “ours” shall refer to Baby Gekko, an online hosting service provider. The usage of “you”, “your”, “they”, and “them” shall refer to the Customer of Baby Gekko Web Hosting service. You must comply with this TOS, Baby Gekko's Acceptable Use Policy (AUP), and Baby Gekko’s Zero Tolerance for Spam Policy (ZTSP).

1. General Terms.
In consideration of hosting services to be delivered, Customer agrees to be bound by the following terms and conditions:
1.1. Customer agrees to pay, in advance of each monthly or yearly service term (Customer's choice), for hosting services to be rendered
1.2. Customer agrees to be bound by the service term selected that may require Customer to order Baby Gekko’s service for a certain minimum period of time.
1.3. Customer agrees to a no-refund policy in advance. Setup fees (including SSL, domain registration) and monthly web hosting service fees are non-refundable.
1.4. Non-Payment of services shall result in a 14-day notice of disconnection. All payment failures must be cured within 14 days of notice.
1.5. Baby Gekko is not and shall not be responsible for data integrity for any accounts that are terminated, disconnected, or interrupted because of Customer’s failure to pay for Baby Gekko’s services.

2. Agreement for Services.
2.1. Baby Gekko will provide, and Customer will purchase and pay for, the website hosting services (the “Services”), according to the service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the Customer, and that Customer is aware of all applicable charges as per the Agreement.
2.2. In connection with any Hosting Services, if Customer’s actual bandwidth usage in any month exceeds the allotted amount specified in Customer’s contract, Customer will pay Baby Gekko any additional fees as required to cover excess usage costs. Customer understands that upgrading to the next higher account which will include increased bandwidth is an option available at any time.

3. Payment.
3.1.1. Customer must pay in full for the Services before Baby Gekko begins to provide the Services to Customer.
3.1.2. Baby Gekko may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, and any collection fees to which Baby Gekko may be entitled under this Agreement or under applicable law.

4. Account Cancellation.
Customers may voluntarily cancel their account at any time, for any reason or for no reason. Customer can terminate their account for any reason or for no reason. However, Customer understands and agrees that Baby Gekko does not provide refunds on cancellation. All fees Customer has paid shall be nonrefundable. After the cancellation form is submitted, Baby Gekko reserves the right to immediately terminate your account. No backups will be provided after cancellation.

5. Refunds and Disputes.
ALL PAYMENTS TO BABY GEKKO WEB HOSTING SERVICES ARE NONREFUNDABLE, unless otherwise specified. All billing disputes must be reported within thirty (30) days of the time the dispute occurred.

99.9% Uptime Guarantee will be determined at the end of the calendar month by Baby Gekko's monitoring system and no other. If you have 99.8%-99.4% uptime during the current calendar month you can receive a 50% refund of your monthly payment and if your uptime for the current calendar month is 99.3% or less you will receive a 100% refund of that months payment. You will not receive a refund larger than what you have paid. Baby Gekko does not include the following events in the calculation of the monthly uptime, since we have no control over the events. Baby Gekko shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from natural disaster, civil or military authority, acts of public enemy, war, terrorism, riots, civil disturbances, insurrections, accidents, fire, explosions, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, magnetic interference, interruptions of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunications or wireless service, or any cause beyond the reasonable control of Baby Gekko.

6. Customer agrees not to engage in any activity that violates any international, Texas, US, or local laws in your country applicable to the service terms described in this Agreement.

7. Baby Gekko reserves the right to discontinue service to any Customer it deems, in its sole discretion, violates any condition of service including, but not limited to, the following:

8.1. the Acceptable Use Policy, or
8.2. the Zero Tolerance for Spam Policy.

9. Customer agrees to defend, indemnify, and hold harmless Baby Gekko and their employees against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) to which an indemnified party may become subject and which Losses arise out of, or relate to this Agreement or Customer’s use of the Services, and to reimburse an indemnified party for all legal and other expenses, including reasonable legal fees incurred by such indemnified party in connection with investigating, defending, or settling any Loss whether or not in connection with pending or threatened litigation in which such indemnified party is a party.

10. BABY GEKKO PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. BABY GEKKO DISCLAIMS ALL WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS, AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF THE SERVICES AND BABY GEKKO SHALL HAVE NO LIABILITY THEREFOR.

11. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BABY GEKKO DISCLAIMS, ALL WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR THROUGH, THIS SERVICE, THE SYSTEMS WHICH PROVIDE IT, AND THE INTERNET, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.

12. BABY GEKKO DOES NOT ASSUME ANY LIABILITY FOR THE COMPLETENESS, ACCURACY, OR USEFULNESS OF ANY INFORMATION DISCLOSED OR MATERIALS ACCESSED THROUGH ITS SERVICES, ITS SYSTEMS, ITS NETWORKS, OR THE INTERNET.

13. No Waiver of Rights by Baby Gekko.
Any failure by Baby Gekko to enforce this Agreement in every instance in which it might apply does not amount to a waiver of any of Baby Gekko’s rights.

14. Notices.
14.1. From Baby Gekko to Customer: Baby Gekko will notify you by e-mail of any notices that Baby Gekko is required to provide to you under this Agreement, at the most current e-mail address you have provided to Baby Gekko. By entering this Agreement, you consent to receive notices by e-mail. You are solely responsible for ensuring that Baby Gekko has your most current e-mail address, and Baby Gekko shall not be responsible for any lost, misdirected, bounced, forwarded, or undeliverable e-mail that Baby Gekko sends to the most current e-mail address you have provided to Baby Gekko.

14.2. From Customer to Baby Gekko: Unless otherwise specified in this Agreement, notices to Baby Gekko shall be sent to the following address:

Baby Gekko
PO Box 2201
Kuta, Bali 80361
Indonesia