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Global Hostings.net Terms of Service (TOS)
Global Hostings.net (the "Company") agrees to furnish internet and/or web
hosting services to the Subscriber, subject to the following Subscriber
Agreement (Terms of Service) and Global Hostings.net's Customer Policy.
Please be sure to read both documents before becoming a Subscriber. The
provisions of the Subscriber Agreement and Customer Policy may be changed,
at the sole discretion of the Company, from time to time and without
previous notice to the subscriber or customer. Each Subscriber understands
that changes by the Company shall not be grounds for early contract
termination or non-payment.
Important Notice
Use of Global Hostings.net Service constitutes acceptance and agreement to
all of Global Hostings.net's Subscriber Agreement and customer policies. Any
use of a Global Hostings.net service is subject to the provisions of this
contract and all terms of Global Hostings.net's policies.
This Agreement, and all disputes in regards to, shall be construed in all
respects in accordance with the laws of the State of New York. Use of Global
Hostings.net services constitutes an acceptance of the State of New York as
proper venue for all disputes.
Payment
Establishment of this service is dependent upon receipt of the stated
charges by the Company. Each additional payment is due on the first day of
the month for that month's service. All Payments received by Global
Hostings.net from its customers and subscribers are non-refundable outside
the thirty day money back guarantee period.
Payments and Fees
Service will be interrupted on accounts that reach 10 days past due. Service
will only be reconnected upon receipt of all amounts due.
If the customer cancels service for any reason, all charges for that period
are considered earned for all tasks and services Global Hostings.net is to
perform.
Accounts that are not collectable by Global Hostings.net may be turned over
to an outside collection agency for collection. If your account is turned
over for collection, you hereby agree to pay the Company a "Processing and
Collection" Fee of not less than us$100.
Service Rates
Subscriber hereby acknowledges receipt of the nature of the service
furnished and the initial rates and charges by the Company. Subscriber is
aware that the Company may change the specified rates and charges from time
to time in the sole discretion of the Company and without previous notice to
its subscribers and customers.
Refund and Disputes
All billing disputes must be reported within 30 days of the time the dispute
occurred. All payments to Global Hostings.net are nonrefundable outside this
thirty day period.
Failure to Pay
The Company may, in its sole discretion, temporarily deny service or
terminate this Agreement upon the failure of Subscriber to pay charges when
due. Such termination or denial will not relieve Subscriber of
responsibility for the payment of all accrued charges, plus reasonable
interest and any collection fees or other fees as imposed by this Agreement.
Account Cancellation
Requests for canceling accounts must be submitted via our online
cancellation form. All other forms of notice will not constitute acceptance
of any cancellation. All cancellations must submitted with at least 5 days
notice. By requesting your account cancellation you are requesting that we
close your account immediately upon receipt.
New Domain Accounts
All new subscriber accounts requiring new domains should be available within
one to three (1-3) business days. However, this process may sometimes
require up to 7 business days or longer if complications persist. If the new
domain is registered by Global Hostings.net, on behalf of the account
holder, a $17.95 fee (per domain year) will be charged by Global
Hostings.net.
Transfer of Domains
If a new Subscriber accounts will involve the transfer of a domain from
another provider to Global Hostings.net, a minimum of one to three (1-3)
days is required before such accounts will be available. However, such
transfers may take longer due to the unpredictable nature of the transfer
process. Therefore, Global Hostings.net makes no guarantees regarding the
amount of time a domain transfer may take.
Support Boundaries
Global Hostings.net provides support related to your server or virtual site.
Global Hostings.net does not offer technical support for application
specific issues or any other software issue, unless Global Hostings.net
supplies the software to the Subscriber. Global Hostings.net can only
support the unmodified software as delivered. Global Hostings.net does not
provide technical support for Global Hostings.net Subscribers' third party
customers or subscribers.
Global Hostings.net encourages Subscribers to contact support for assistance. If the internet is accessible to you and you have other questions, please refer to our home page at http://www.globalhostings.net.
Internet Protocol Address Ownership
The right to use any IP address assigned to a Global Hostings.net Subscriber
or customer shall belong only to Global Hostings.net, and the Subscriber or
customer shall have no right to use that IP address except as permitted by
Global Hostings.net. Global Hostings.net shall maintain and control
ownership of all IP numbers and addresses, and Global Hostings.net reserves
the right to change or remove any and all such IP numbers and addresses.
Global Hostings.net recommends using name-based hosting, as opposed to IP
addresses, and will periodically review IP address usage. If Global
Hostings.net finds that clients are not using name-based hosting whenever
possible, but IP addresses instead, Global Hostings.net may revoke
authorization to use those IP addresses.
Bandwidth and Disk Allocation
Global Hostings.net will monitor Customer's bandwidth and disk usage, and
shall have the right to interrupt or terminate service if a Subscriber or
Customer's bandwidth or disk usage exceeds the agreed allocation. Such
corrective action may include the assessment of additional charges,
disconnection or reconnection fees for any and all Services, or termination
of this Agreement. If Global Hostings.net takes any corrective action under
this section, Customer shall not be entitled to a refund of any fees paid in
advance prior to such action.
Spam, Bulk Email, Mailing Lists, and E-mail Attachments
Global Hostings.net takes a zero tolerance approach to the sending of
unsolicited ads or emails (Spam) over our network. This means that
subscribers and customers of Global Hostings.net:
May not use or permit others to use our network to transmit Spam.
May not host, or permit hosting of, sites or information that is advertised
by Spam from other networks.
If an alleged violation of our Spam policy is reported, Global Hostings.net:
will initiate an immediate investigation (within 24 hours)
may restrict customer access to the network to prevent further violations
may restrict, suspend or terminate customer's account.
will immediately remove any subscriber or customer hosting websites or
services on their server that support spammers or cause any of our IP space
to be listed in any of the various Spam Databases
Mailing Lists:
Mailing lists that are composed of more than 20 recipients, MUST follow a
"Double-Opt-In" procedure for collecting the recipients' email addresses.
Additionally, ALL mailings to list subscribers MUST contain a functional
"Unsubscribe" link at the top of the email (not the bottom) that results in
immediate (within 24 hours) removal of the requestor's address from the
list.
Attachments:
Please be aware that our Mail Servers are restricted to 10MB attachments,
but that the acceptable size may be as much as 25% less, based on encoding
performed by your Email Client, at the time of sending.
Email Redundancy:
Please be aware that as a result of the additional expense and overhead
required to backup email messages, we DO NOT backup email at all. In order
to keep our pricing at a minimum, this is not a financially feasible task,
as it would more than triple the required storage and hardware necessary to
offer this capability.
System Security
Subscribers and customers are prohibited from violating or attempting to
violate the integrity and security of the Global Hostings.net servers,
system, or network. Global Hostings.net will investigate reported
occurrences and may contact and cooperate with law enforcement authorities
to prosecute Subscribers and customers who are believed to be involved in
such violations.
By using Global Hostings.net services and systems, Subscribers and customers
agree not to:
access data, or log into a server or account, which such User is not
authorized to access;
attempt to probe, scan or test the vulnerability of a system or network or
to breach security or authentication measures;
attempt to interfere with service to any user, host or network, including,
without limitation, "overloading", "flooding", "mail bombing", or
"crashing";
forge any TCP/IP packet header or any part of the header information in any
e-mail or newsgroup posting;
take any action in order to obtain services to which such User is not
entitled;
run background processes;
use excessive resources on a server;
or use the services provided in any other way other than as intended for
website operation.
Violation of Policies
If inappropriate activity is detected, all accounts of the Subscriber or
customer in question will be deactivated until an investigation is complete.
Global Hostings.net is under no duty to look at each Subscriber or
customers' activities to determine if a violation of the Global Hostings.net
Subscribers Agreement or Customer Policy has occurred. Global Hostings.net
does not assume any responsibility through our policies or agreements to
monitor or police activities on our servers, system, or network.
Violations may be handled by any of the following corrective actions, as
well as to any other actions listed in this Agreement or Customer Policy:
an email, warning them of the violation.
may be subject to a temporary suspension pending a Subscriber or customers
written agreement to refrain from any further violations.
immediate suspension or termination of service without further notice.
Global Hostings.net reserves the right, to drop any section of IP space
involved in any violation of this Agreement or Customer Policy if it appears
that the offending activity is causing harm to parties on the Internet. In
addition to the above actions, any violation of this Agreement or Customer
Policy will result in a fee of us$200 charged to the account of the
Subscriber. Any further violation will result in a fee of us$500 and
immediate termination of the account. Subscribers and customers who violate
this policy agree that in addition to these penalties, they will pay us$150
per hour that Global Hostings.net personnel must spend to investigate and
correct the matter. Global Hostings.net reserves the right to pursue civil
remedies for any costs and/or damages associated with the investigation and
correction of any policy violation.
Suspension of Service or Cancellation
Global Hostings.net reserves the right to suspend network access to any
customer if, in the sole judgment of Global Hostings.net, the customer's
server is the source or target of the violation of any of the other terms of
the Global Hostings.net Subscriber Agreement or Customer Policy, or for any
other reason which Global Hostings.net chooses. Prior notification to the
Customer is not assured.
Uncontrolled Interruptions of Service
Subscriber acknowledges that the services provided by Global Hostings.net
can be interrupted for many reasons other than the negligence of the company
and that damages resulting from any interruption of service are difficult to
ascertain. Therefore, subscriber agrees that the company shall not be liable
for any damages arising from such causes beyond the direct and exclusive
control of the company. Subscriber further acknowledges that the company's
liability for its own negligence may not in any event exceed an amount
equivalent to charges payable by subscriber for services during the period
damages occurred. In no event shall the company be liable for any special or
consequential damages, loss or injury.
Indemnification
By agreeing to the Global Hostings.net Subscriber Agreement and Customer
Policy, and/or using Global Hostings.net services, Subscribers and customers
agree to indemnify Global Hostings.net for any violation that results in a
loss to Global Hostings.net or the bringing of any claim against Global
Hostings.net by any third-party, including any damages of Global
Hostings.net, any awards against Global Hostings.net, plus all costs and
attorney's fees.
Sub-Networks and Resellers of Global Hostings.net Services
The Subscriber Agreement and Customer Policy must be followed by all
Sub-Networks, resellers and managed servers of Global Hostings.net services.
Failure to follow any term or condition will be grounds for immediate
cancellation of all Global Hostings.net services. You are responsible for
insuring the actions of your clients do not violate these Terms of Service.
Global Hostings.net recommends that you implement similar or stricter Terms
of Service to control your clients and prevent violations of Global
Hostings.net terms.
Responsibility for Content
Global Hostings.net is not responsible for the material input by others and
not posted to the Global Hostings.net Network by Global Hostings.net. Global
Hostings.net is not responsible for the content of websites linked to the
Global Hostings.net Network; links are provided as Internet navigation tools
only. It is absolutely forbidden to host pornographic content or IRC
servers. You, as Global Hostings.net's Subscriber and customer, are solely
responsible for the content stored on and served by your Global Hostings.net
server.
Disclosure to Law Enforcement
The Global Hostings.net Customer Policy specifically prohibits the use of
our service for illegal activities. Therefore, Subscribers agree that the
Company may disclose all relevant information to any law enforcement agent
who makes a written request without further consent or notification to the
Subscriber. In addition Global Hostings.net shall have the right to
terminate all service set forth in this Agreement.
Waiver
A waiver by the Company of, or failure to act on, any breach of any
provision of this Subscriber Agreement or Customer Policy shall not operate
as, or be construed as, a continuing or subsequent waiver of any other
breach of any provision thereof, or as a waiver of any legal right or
remedy.
Transfer or Assignment
Subscriber shall not transfer or assign this Agreement without the prior
written consent of the Company. Company may assign Agreement at anytime
without consent from or notice to Subscriber. Company reserves right to
cancel customers rights under this contract at anytime without further
obligation.
Captions
Global Hostings.net uses the captions in this Agreement for convenience only
and shall not be considered a part hereof or affect the construction or
interpretation of any provision of this Agreement.