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Global Web Serve ACCEPTABLE USE POLICYThe following are the Global Web Serve Acceptable Use Policy between Global Web Serve and the personal or corporate account holder ("YOU/YOUR Customer"). Global Web Serve provides World Wide Web Hosting and Development. We have certain legal and ethical responsibilities consisting the use of its servers and equipment involved in our services. Global Web Serve general policy is to act as a provider of Internet presence. We reserve the rights to suspend or cancel customers' access to any or all services provided by Global Web Serve when an account has been inappropriately used regarding to this AUP. Our Acceptable Use Policy will cover several issues including: STORAGE AND BANDWIDTH ABUSEWe do not allow any form of storage or bandwidth abuse. For storage, we will monitor it regularly to know if YOU have reached the amount allocated to YOUR specific Web Hosting Plan ("PLAN"). Thereafter, additional storage costs $0.20/1MB/month, charged to YOUR account. However, if you pre-pay the disk space overages, you will only be charged $0.10/1MB/month. Furthermore, we will also regularly monitor bandwidth usage to know when you have reached the amount allocated to YOUR specific web hosting plan ("PLAN"). Thereafter, additional data transfer costs $10.00/1GB/month, charged to YOUR account. However, If YOU pre-pay for bandwidth overages, YOU will only be charged $5.00/1GB/month. YOU will have 3 days to pay for your overages. Failure to do so will result in YOUR website being disabled within 3 days of YOUR first notice. This does not apply to co-location clients. Co-location clients will be billed for the overages based on switch reports. Co-location clients must pay for the overages IMMEDIATELY once billing or Global Web Serve has the sole decision to deactivate any and all servers. SERVER ABUSEWe prohibit any attempt to harm or violate server or Global Web Serve customers. It strictly includes any illegal use including but not limited to "Internet scamming" (tricking other people into releasing their passwords), password theft, security hole scanning, any suspected crime or civil wrongdoing, etc. Any improper use of accounts or computers, whether or not the attacked account or computer belongs to Global Web Serve, will result to warnings, account suspension or cancellation, as well as civil or criminal legal action, depending on the seriousness of the attack. Furthermore, there should be also NO IRC scripts in shared servers and unacceptable uses including but not limited to Bulk emailing, unsolicited emailing, newsgroup spamming, pornographic content, harassment, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything considered as unacceptable use by Global Web Serve. Shared hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities. IMPORTANT NOTE: Global Web Serve has full right to discontinue service, or reject access to anyone violating the terms and conditions mentioned above WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined above. E-MAILS AND SPAMSWe DO NOT allow E-mail / News Bombing (Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending Global Web Serve account), E-mail / Message Forging (Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Global Web Serve's service is in violation of this AUP), Usenet SPAMing (messages or commercial advertisements, violating the rules, regulations, FAQ or charter of any newsgroups or mailing list). Note: Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted. We also strictly prohibit unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) to transmit any unsolicited commercial or unsolicited bulk e-mail. Violations of this type will result in immediate termination of the offending Global Web Serve account. If found, we will charge YOU up to $25 per unsolicited email message sent and delete YOUR account without any prior notice. NOTE - If YOU use the services of another provider to promote a website hosted by or through Global Web Serve ("spamvertising"), then the provisions of the above policy shall apply as if the SPAM were sent through our servers. UPTIME GUARANTEECOVERAGE: This 99.99% uptime guarantee applies to any Customer in good financial standing with Global Web Serve at the time of the downtime. TERMS AND CONDITIONS: Global Web Serve endeavors to have the content of YOUR website available for http access by any party in the world 99.99% of the time. Network downtime ("unavailability") is defined as 100% packet loss from us to its backbone providers. Downtime is measured when it has been 10 minutes after the notification of network failure via our ticketing system. Our administrators will determine the end of the downtime by a trace route to YOUR machine from outside Global Web Serve network. SHARED HOSTING CREDITS: In the event that YOUR website is unavailable for less than 100%, we will credit the following month's service fee as follows. YOUR credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month. Monthly Uptime Credit:
RESTRICTIONS: Credit shall not be provided to YOU in the event that you have any outage resulting from:
TECHNICAL SUPPORT BOUNDARIESGlobal Web Serve provides a 24x7x365 technical support for YOU, encompassing within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our H-Sphere control panel interface, servers within our immediate responsibility and any other hosting related issues. However, we are not obligated to help YOU in the installations of new application modules, templates and/or programming languages, and in providing assistance for any errors produced by any applications that have been modified by YOU previously. We will only provide assistance in making sure any EasyApps applications that are installed through the H-Sphere control panel interface are installed as directed. CHAT ROOMS AND IRCWe do not allow YOU to install YOUR own chat rooms within a shared hosting account, without approving it with Global Web Serve. This includes, but not limited to, chat applications written in PHP, Perl, CGI, Python, Ruby, etc. Any web application that provides 'real-time' chat is also not permitted. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, web based forums such as vBulletin, phpBB or similar forum scripts are acceptable. We also do not allow IRC or IRC bots to be operated on our servers. IRC servers are not permitted on our network. YOU can however, install IRC clients on managed dedicated servers. The installation and/or execution of a script and/or binary that runs in the background or listens to any given port are also strictly prohibited. CGI SCRIPTSEach shared web hosting account comes with its own CGI-BIN. YOU are free to use any CGI scripts YOU wish, however we reserve the rights to disable any CGI script that effects normal shared server operation without prior notice. (this section does not apply to managed dedicated servers). BILLING OR PAYMENTAll accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts as well as major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. Global Web Serve reserves the right to change prices at any time, unless other terms have been agreed earlier. Any account not brought current within a week (7 days) of e-mail notice or exceeding the time line in any way is subjected to suspension. YOU are responsible for all fees owed on the account from the time it was established to the time YOU notify Global Web Serve to request for termination of service. All payment is in U.S. currency. We will bill each client $50 per returned check, per wire transfer received, and per credit card charge back received. All Global Web Serve accounts are setup on anniversary billing cycles. YOUR particular billing cycle corresponds to the contract length that was initially chosen at setup. YOUR account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle during a current cycle, there will be a $50.00 fee. Please contact the billing department at billing@globalwebserve.com if you wish to change your anniversary billing cycle. Any invoice that is overdue for 14 days or more will be charged an additional $10 late fee. If we fail to collect Clients debt at 30 days or past the invoice due date, we reserve the right to turn the account over to a third party (either a collections agency or attorney) for further action. All costs incurred through the debt collection process are billable to the Client. CANCELLATION OF SERVICEGlobal Web Serve reserves the right to cancel a service at any time. We will pro-rate and pay all fees paid in advance of cancellation if we institutes our right of cancellation. Any violation of policies which results in extra costs billed to YOU (i.e. transfer, space etc.). All of our plans are backed up with 30 day money back guarantee. If YOU are not completely satisfied with our services or support within the first 30 days of YOUR contract, YOU will be given a full refund of the contract amount excluding setup fees, domain registration fees, add-on/upgrade fees and overages. Setup fees are refundable only if the account order is cancelled prior to account activation. If YOU cancel, the full contract amount less any setup fees, domain registration and overages will be refunded if Global Web Serve is notified within the first 30 days following activation. For credit card payment, refunds will be made to a PayPal account made available by the Customer after the 120th day. Refund policy will not be made available to Customers using wire transfers. To cancel YOUR account, YOU are required to submit a ticket to Global Web Serves' Billing Department; minimum seven (7) working days before YOUR next billing cycle. PROMOTIONAL RATES & SPECIAL OFFERSGlobal Web Serve may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not affect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together. AFFILIATES AND PARTNERSOur partners and Global Web Serve are of different corporate entities. Any payments made to them, should YOU choose to subscribe to their products, will entirely be made to them and not Global Web Serve. If there are any disputes between YOU and them, inquiries should be directed to them. DOMAIN NAME REGISTRATIONAll fees are non-refundable, in whole or in part, even if YOUR domain name registration is suspended, cancelled or transferred prior to the end of YOUR then current registration term. Global Web Serve reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from Global Web Serve to the email address indicated in YOUR registration application. In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) in connection with the payments of the registration fee for YOUR domain name registration, YOU agree and acknowledge that the domain name registration shall be transferred to Global Web Serve as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. We will reinstate YOUR domain name registration solely at our discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee. YOU are also responsible for the renewal of all YOUR domain names, including but not limiting to, making sure YOUR Domain Name Management and/or Hosting Control Panel account have sufficient funds for any auto-renewal features that YOU have had in-placed. It is the customer's sole responsibility to ensure that the domain's registrant / administrative email is valid at all times, and we will only send a renewal notification to the registrant / administrative email. Customer agrees to act to the renewal notification by renewing the domain name by paying a renewal fee, regardless of auto-renewal requests in the hosting control panel or DNR account. Should the domain expire or fall into Redemption Period, customer is required to contact us at dnrsupport@globalwebserve.com regarding the renewal and agree to pay the fee as outlined by Global Web Serve. Transfer domain registrar to Global Web Serve YOU agrees to pay Global Web Serve prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the Global Web Serve price schedule for the initial transfer request of the domain name. YOU agree and acknowledge that the domain name transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to:
We reserve the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from Global Web Serve to the email address indicated in YOUR registration application. In the event of a charge back by a credit card company (or similar action by another payment provider allowed by Global Web Serve) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to us as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. We will reinstate YOUR domain name registration solely at our discretion, and will be subjected to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Transfer domain registrar away from Global Web Serve
YOU agree and acknowledge that the failure or success of a domain name transfer will be his/her sole responsibility, and we will not be held liable for the failure of a domain name transfer for any reason. LAWFUL PURPOSEGlobal Web Serve reserves the right to refuse service to anyone. YOU may only use our server for lawful purposes not for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: "Pirated Warez", OGG, AVI, MPEG, ISO, "Hacker programs or archives", "Copyrighted Digital Movie Copies (DIVX)" and "Unlicensed MP3". The designation of any materials as such described above is left entirely to the discretion of Global Web Serve management. If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that we may disclose any and all YOUR information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification. Regardless of the place of signing this agreement, YOU agree that for purposes of venue this contract is entered in Union City, New Jersey, and any dispute will be litigated or arbitrated in Union City, New Jersey. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Union City courts. IN NO EVENT SHALL GLOBALWEBSERVE.COM'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS. INTELLECTUAL PROPERTY RIGHTSMaterial accessible to you through our services is subjected to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use Global Web Serve or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through our network. If YOU use a domain name in connection with Global Web Serve or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party. NETWORK SECURITYCustomers may not use our network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Global Web Serve will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability. ELECTRONIC COMMERCEYOU will be solely responsible for the development, operation and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including without limitation: (a.) the accuracy and appropriateness of content and materials appearing within the store or related to YOUR products, (b.) ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party, and (c.) ensuring that the content and materials appearing within the store or related to YOUR products are not libelous or otherwise illegal. YOU will be solely responsible for the final calculation and application of shipping and sales tax. YOU will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from. YOU are also responsible for the security of any customer credit card numbers and related customer information YOU may access as a result of conducting electronic commerce transactions through YOUR website. YOU will keep all such information confidential and will use the same degree of care and security as YOU use with your confidential information. INDEMNIFICATIONYOU AGREE THAT YOU SHALL DEFEND, INDEMNIFY, SAVE AND HOLD GLOBALWEBSERVE.COM HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST US, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY YOU, YOUR AGENTS, EMPLOYEES OR ASSIGNS. YOU AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS GLOBALWEBSERVE.COM AGAINST LIABILITIES ARISING OUT OF:
DISCLAIMERWE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. GLOBALWEBSERVE.COM MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. GLOBALWEBSERVE.COM DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY GLOBALWEBSERVE.COM AND ITS EMPLOYEES. GLOBALWEBSERVE.COM RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS AND DEDICATED SERVERS OF GLOBALWEBSERVE.COM MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT CANCELLATION. |
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