This Terms of Service
Agreement (TOS) is a formal and legally binding
agreement between globalworldhosting.net (we,
Company) and You, the service user (you, Subscriber).
Use of our service constitutes acceptance and
agreement to the TOS in full.
I)
PURPOSE AND OVERVIEW OF THE TOS
The TOS is provided to give our
Subscribers and users a clear understanding of
what we expect of them while using our services.
All users of our services including those who
access our services but do not have accounts,
as well as those who pay a service fee to subscribe
to the services, must comply with our TOS. We
support the uncensored flow of information and
ideas over the Internet and do not actively monitor
subscriber activity under normal circumstances.
Similarly, we do not exercise editorial control
over the content of any website, e-mail transmission,
newsgroups, or other material created or accessible
over or through the services, except for certain
proprietary websites. However, in accordance with
our TOS, we may remove any materials that, in
our sole discretion, may be illegal, may subject
us to liability, or which may violate the TOS.
We may cooperate with legal authorities and/or
third parties in the investigation of any suspected
or alleged crime or civil wrongdoing. Your violation
of the TOS may result in the suspension or immediate
termination of your account without prior notice.
The following are guidelines for the establishment
and enforcement of the TOS:
- Ensure reliable service to our customers
- Ensure security and privacy of our systems
and network, as well as the networks and systems
of others
- Comply with existing laws
- Maintain our reputation as a responsible
service provider
- Encourage responsible use of the Internet
and discourage activities which reduce the
usability and value of Internet services
- Preserve the value of Internet resources
as a conduit for free expression and exchange
of information
- Preserve the privacy and security of individual
users While we are committed to the principles
of free speech, certain activities that may
be damaging to the resources of both us and
the Internet and cannot be permitted under
the guise of free speech. The resources of
us and the Internet are limited, and abuse
of these resources by one user has a negative
impact on the entire community. We do not
routinely monitor the activity of accounts
except for measurements of system utilization
and the preparation of billing records. However,
in our efforts to promote good citizenship
within the Internet community, we will respond
appropriately if we become aware of inappropriate
use of our service. If you violate the TOS,
we reserve the right to terminate your service
without notice. We prefer to advise Subscribers
of inappropriate behavior and any necessary
corrective action, however, flagrant violations
of the TOS will result in immediate termination
of service. Our failure to enforce this policy,
for whatever reason, shall not be construed
as a waiver of our right to do so at any time.
II)
SPECIFIC VIOLATIONS OF THE TOS
By using our services you agree
not to commit any of the following specific violation
of the TOS. The following constitute specific
violations of the TOS:
Illegal use: Our services
may not be used 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. If illegal content or usage is found,
the account will be suspended and/or terminated.
Subscriber agrees that the Company may disclose
any and all subscriber 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 to the Subscriber.
Harm to minors: Use
of our service to harm, or attempt to harm,
minors in any way, including, but not limited
to child pornography is prohibited. Violation
of this policy will result in immediate termination
of your service and a report will be made to
law enforcement authorities.
Threats: Use of our
service to transmit any material (by e-mail,
uploading, posting or otherwise) that threatens
or encourages bodily harm or destruction of
property is prohibited.
Harassment: Use of our
service to transmit any material (by e-mail,
uploading, posting or otherwise) that harasses
another is prohibited.
Fraudulent activity:
Use of our service to make fraudulent offers
to sell or buy products, items, or services,
or to advance any type of financial scam such
as "pyramid schemes," "ponzi schemes," and "chain
letters" is prohibited This also includes any
knowing misrepresentation or misleading statement,
writing or activity made with the intent that
the person receiving it will act upon it.
Forgery or impersonation:
Adding, removing or modifying identifying network
header information in an effort to deceive or
mislead is prohibited. Attempting to impersonate
any person by using forged headers or other
identifying information is prohibited. Forging
any message header, in part or whole, of any
electronic transmission, originating or passing
through our service is in violation of the TOS.
The use of anonymous remailers or nicknames
does not constitute impersonation.
Unsolicited commercial e-mail/Unsolicited
bulk e-mail (SPAM): Use of our service to
transmit any unsolicited commercial or unsolicited
bulk e-mail is expressly prohibited. Violation
of this SPAM policy will result in severe penalties.
Upon notification of an alleged violation of
our SPAM policy, we will initiate an investigation.
During the investigation, we may restrict Subscriber
access to the network to prevent further violations.
If a Subscriber is found to be in violation
of our SPAM policy, we may, at our sole discretion,
restrict, suspend or terminate the Subscriber's
account. Further, we reserve the right to pursue
civil remedies for any costs associated with
the investigation of a substantiated policy
violation. We will notify law enforcement officials
if the violation is believed to be a criminal
offense. Anyone using our service to host websites
or services that support spammers or cause any
of our IP space to be listed in any of the various
Spam Databases will have their account(s) immediately
suspended. The account will not be unsuspended
until such time that you agree to remove any
and all traces of the offending material immediately
upon reconnection.
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
account.
Usenet Abuse/Spamming:
We have a zero tolerance policy for the use
of our service for the posting of messages or
commercial advertisements which violate the
rules, regulations, or charter of any newsgroups
or mailing list. Commercial messages that are
appropriate under the rules of a newsgroup or
mailing list or that are solicited by the recipients
are permitted.
Unauthorized access:
Use of our service to access, or to attempt
to access, the accounts of others, or to penetrate,
or attempt to penetrate, security measures of
ours or another entity's computer software or
hardware, electronic communications system,
or telecommunications system, whether or not
the intrusion results in the corruption or loss
of data, is expressly prohibited and the offending
account is subject to immediate termination.
You may not attempt to circumvent user authentication
or security of any host, network or account.
This includes, but is not limited to, accessing
data not intended for you, logging into or making
use of a server or account you are not expressly
authorized to access, or probing the security
of other networks. Use or distribution of tools
designed for compromising security is prohibited.
Examples of these tools include, but are not
limited to, password guessing programs, cracking
tools or network probing tools. Violations of
system or network security may result in civil
or criminal liability. We will investigate occurrences,
which may involve such violations and may involve,
and cooperate with, law enforcement authorities
in prosecuting users who are involved in such
violations.
Copyright or trademark infringement:
Use of our service to transmit any material
(by e-mail, uploading, posting or otherwise)
that infringes any copyright, trademark, patent,
trade secret or other proprietary rights of
any third party, including, but not limited
to, the unauthorized copying of copyrighted
material, the digitization and distribution
of photographs from magazines, books, or other
copyrighted sources, and the unauthorized transmittal
of copyrighted software is prohibited. This
also includes intellectual property rights.
Distribution and/or posting of copyrighted or
the aforementioned infringements will not be
tolerated.
Collection of personal data:
Use of the service to collect, or attempt to
collect, personal information about third parties
without their knowledge or consent is prohibited.
Network disruptions and
unfriendly activity: Use of the service
for any activity which affects the ability of
other people or systems to use our services
or the Internet is prohibited. This includes
"denial of service" (DOS) attacks against another
network host or individual user. Interference
with or disruption of other network users, services
or equipment is prohibited. This includes, but
is not limited to: "flooding" of networks, deliberate
attempts to overload a service, and attempts
to "crash" a host. It is the Subscriber's responsibility
to ensure that their account(s) are configured
in a secure manner. A Subscriber may not, through
action or inaction, allow others to use their
account for illegal or inappropriate actions.
A Subscriber may not permit their account, through
action or inaction, to be configured in such
a way that gives a third party the capability
to use their account in an illegal or inappropriate
manner. Unauthorized entry and/or use of another
company and/or individual's computer system
will result in immediate account termination.
We will not tolerate any Subscriber attempting
to access the accounts of others, or penetrate
security measures of other systems, whether
or not the intrusion results in corruption or
loss of data. We reserve the right, to drop
the section of IP space involved in Spam or
Denial-of-Service complaints if it is clear
that the offending activity is causing great
harm to parties on the Internet. In particular,
if open relays are on your account, or if denial
of service attacks are originating from your
account. In certain rare cases, we may have
to do this before attempting to contact you.
If we do this, we will contact you as soon as
is feasible.
Distribution of Viruses:
Intentional distributions of software or anything
that attempts to and/or causes damage, harassment,
or annoyance to persons, data, and/or computer
systems are prohibited. Such an offense will
result in the immediate termination of the offending
account.
Inappropriate Use of Software:
Use of software or any device that would facilitate
a continued connection, i.e. pinging, while
using our services could result in suspension
of service.
IRC networks: It is
forbidden to host IRC (Internet Relay Chat)
that is part of or connected to another IRC
network or server. Accounts found to be connecting
to or part of these networks will be immediately
suspended without notice. The account will not
be unsuspended until such time that you agree
to remove any and all traces of the offending
material immediately upon reconnection. Severe
violations may result in immediate and permanent
removal of the account(s) from our network without
notice to the customer. Any user who commits
a second violation will be immediately and permanently
removed from our network without notice.
Adult Material: Adult
Material may be allowed. Adult sites must contain
USA legal material. Beastiality, child pornography
and Incest or pages dealing with minors are
not accepted. We reserve the right to deny any
adult hosting account that we feel is inappropriate.
Objectionable Material:
You may not use our service to publish material,
which we determine, at our sole discretion,
to be unlawful, indecent or objectionable. For
purposes of this policy, "material" refers to
all forms of communications including but not
limited to: narrative descriptions, graphics
(including photographs, illustrations, images,
drawings, logos), executable programs, video
recordings, and audio recordings. If you unsure
if your content is objectionable, please contact
us before posting it.
Chinese Forums: Chinese
Forums are not allowed on our network. These
sites require too much CPU usage.
ANIME: Anime websites
are not allowed on our network. If an Anime
website is found we will terminate the account.
III)
SECURITY
By using our services you agree
to adopt adequate security measures to prevent
or minimize unauthorized use of your account.
Your password provides access to your account.
It is your responsibility to keep your password
secure. Sharing your password and account access
with unauthorized users is prohibited. You should
take care to prevent others from using your account
since you will be held responsible for such use.
Subscribers will be held responsible for any activity
by third parties using their accounts in a way
that violates the TOS. You are responsible for
any misuse of your account, even if the inappropriate
activity was committed by a friend, family member,
guest or employee. Therefore, you must take steps
to ensure that others do not gain unauthorized
access to your account. Subscribers who are resellers
are responsible for enforcing the TOS to all of
their clients. If their clients are found to be
violating the TOS, we will suspend and or/terminate
the offending site and let the reseller know.
It is advisable that you adopt similar or stricter
policies than ours. Our Subscribers may use and/or
modify a copy of our TOS for use on their website(s).
IV)
NETWORK PERFORMANCE
By using our service you agree
to abide by this policy. Our services operate
on shared resources. Excessive use or abuse of
these shared network resources by one customer
may have a negative impact on all other customers.
Misuse of network resources in a manner which
impairs network performance is prohibited by this
policy and may result in termination of your account.
You are prohibited from excessive consumption
of resources, including CPU time, memory, disk
space and session time. You may not use resource-intensive
programs which negatively impact other customers
or the performances of our systems or networks.
We reserve the right to terminate or limit such
activities.
V) PAYMENT
POLICY
By using our services you agree
to the following payment policy and instructions.
Refunds: There are no
refunds on hosting packages but you may cancel
your hosting subscription at any time.
Payment/Subscription:
Establishment of this service is dependent upon
receipt by the Company of payment of stated
charges. We require that all Subscribers use
an automatically recurring payment subscription
through one of our payment processors. Your
recurring subscription must remain active at
all times for your account to remain activated.
If a subscription becomes inactive and/or is
cancelled, we will suspend the account and issue
a warning to the Subscriber to their email address
on file. If the subscription is not rectified
within 7-days of the warning we will delete
the account from the server.
Cancellation: All cancellations
must be made by the subscriber by sending an email
to billing@globalworldhosting.net.
Upon notification
that a subscription has been cancelled we will
delete the Subscriber’s account from the server.
We will not
refund any unused portions of any subscription
payment. We require that a recurring subscription
be active at all times and will therefore delete
the account upon termination of the subscription.
Service Rates: Subscriber
acknowledges that the nature of the service
furnished and the initial rates and charges
have been communicated to Subscriber. Subscriber
is aware that the Company may prospectively
change the specified rates and charges from
time to time. The promotional offer is contingent
upon Company achieving and maintaining its cost
of service goals including but not limited to
rates charged to company by its suppliers.
VI)
GENERAL OPERATIONS
By using our service you agree
to the following policy and limitations pertaining
to our services.
Uptime: Subscriber acknowledges
that the service provided is of such a nature
that service 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. In no event shall the Company be liable
for any special or consequential damages, loss
or injury. Although many of our own network
providers guarantee an uptime of 99.9% or more,
we make no guarantees about uptime performance
because we realize there are influencing factors
that are outside of our control, and in most
cases even outside the control of the data centers
and network providers we work with.
Support Boundaries:
We provide technical support to our Subscribers.
We limit our technical support to our areas
of expertise. We provide support related to
your account or virtual site’s physical functionality.
We do not offer tech support for application
specific issues such as cgi programming, html,
or any other such issue.
Abuse of Our Staff or Network
Staff: Abuse towards our staff or our network
staff will not be tolerated. If you use foul
language, threaten us, or do anything we find
offensive, we may suspend and/or delete your
account. Per our payment policy we offer no
refunds.
Internet Protocol (IP) Address
Ownership: If we assign a Subscriber an
IP address for the Subscriber's use, the right
to use that IP address shall belong only to
us, and Subscriber shall have no right to use
that IP address except as permitted by us in
our sole discretion in connection with the services.
We shall maintain and control ownership of all
IP numbers and addresses that may be assigned
to Subscriber by us, and we reserve the right
to change or remove any and all such IP numbers
and addresses, in our sole and absolute discretion.
Our allocation of IP addresses is limited by
the policies set forth by ARIN (American Registry
for Internet Numbers). These policies state
that use of IP addresses for IP-based virtual
hosts will not be accepted as justification
for new IP addresses. What this means to you
is that you MUST use name-based hosting where
possible. We will periodically review IP address
usage, and if we find that clients are using
IP addresses where name-based hosting could
be used, we will revoke authorization to use
those IP addresses that could be used with name-based
hosting.
Bandwidth and Disk Usage:
Customer agrees that bandwidth and disk usage
shall not exceed the number of megabytes per
month for the Services ordered by Customer on
the Order Form (the "Agreed Usage"). We will
monitor Customer's bandwidth and disk usage.
If the disk usage exceeds the limit, no more
data can be saved. If the bandwidth is exceeded
the limit, the account will be suspended until
the following month. Customer may upgrade to
a higher usage hosting plan at any time to continue
to use the site.
Email:
A maximum of 100 email messages per hour per account will be sent from the server.
This is to deter any type of spamming which is in violation of our TOS. Any email that
exceeds 100 messages, will be sent the following hour.
VII)
VIOLATION PROCEDURES
By using our services you understand
and agree with the following procedures and policies.
We are under no duty to look at each Subscriber's
or user's activities to determine if a violation
of the TOS has occurred, nor do we assume any
responsibility through our TOS to monitor or police
Internet-related activities.
First violation: Any
Subscriber, which we determine to have violated
any element of the TOS, shall receive an email,
warning them of the violation. The service may
be subject at our discretion to a temporary
suspension pending a Subscriber's agreement
in writing, to refrain from any further violations.
Second Violation: Subscribers
that we determine to have committed a second
violation of any element of this Acceptable
Use Policy shall be subject to immediate suspension
or termination of service without further notice.
Suspension of Service or
Cancellation: We reserve the right to suspend
network access to any Subscriber if in the judgment
of the network administrators the customer's
account is the source or target of the violation
of the TOS or for any other reason which we
choose. If inappropriate activity is detected,
all accounts of the Subscriber in question will
be deactivated until an investigation is completed.
Prior notification to the Subscriber is not
assured. In extreme cases, law enforcement will
be contacted regarding the activity.
VIII)
RESELLER ACCOUNTS
The following policies are for resellers accounts only.
Support: We will give resellers full support.
There will be no support for any of the resellers customers. Customers of resellers
must send support questions directly to the reseller. Under no circumstance can a reseller
customer send support questions to us. In the case that a reseller can not answer a problem
of the customer, the reseller can submit the support question to us, then the reseller can
send the answer back to their customer.
Free Domain: Resellers and reseller customers are not entitled
to a free domain name.
Site Studio: Resellers and reseller customers are not entitled
access to Site Studio.
IX)
MISCELLANEOUS PROVISIONS
Indemnification: In agreeing
to the TOS, Subscriber indemnifies us for any
violation of the TOS that results in loss to us
or the bringing of any claim against us by any
third-party. This means that if we are sued because
of a Subscriber's or a customer of a Subscriber's
activity, the Subscriber will pay any damages
awarded against us, plus all costs and attorney's
fees.
Contact Information:
You must provide us with, and keep current,
good contact information for yourself including
an E-mail address and telephone number. If we
fail to communicate any information to you due
to a non-current, inoperative, or incorrect
email address you are still responsible and
accountable for any such information we attempted
to communicate.
Waiver: A waiver by
the Company of any breach of any provision of
the TOS by Subscriber shall not operate as or
be construed as a continuing or subsequent waiver
thereof or as a waiver of any breach of any
other provision thereof.
Assignment: Subscriber
shall not transfer or assign the TOS without
the prior written consent of the Company. Company
may assign the TOS at anytime without consent
from or notice to Subscriber. Company reserves
the right to cancel Subscriber’s rights under
this contract at any time without further obligation.
3rd Party Disclaimer:
We take no responsibility for any material input
by others and not posted to our website by us.
We are not responsible for the content of any
other websites linked to us; links are provided
as Internet navigation tools only. We disclaim
any responsibility for any such inappropriate
use and any liability to any person or party
for any other person or party's violation of
this policy.
Disclaimer of warranties:
We are not responsible for any damages your
business may suffer. We do not make implied
or written warranties for any of our services.
We deny any warranty or merchantability for
a specific purpose. This includes loss of data
resulting from delays, non-deliveries, wrong
delivery, and any and all service interruptions
caused by us.
3rd Party Software and Services:
We may provide you access to third party software
and/or services ("Third Party Products ") through
reseller relationships we have established with
certain commercial vendors. Subscriber understands
that product support for Third Party Products
is provided by us and not by the Third Party
Vendor, unless otherwise notified. Neither us
nor any Third Party Vendor makes any representations
or warranties, express or implied, regarding
any Third Party Products. Subscriber expressly
acknowledges and agrees that use of third party
products is at customer's sole risk and such
third party products are provided "as is" and
without representation or warranty of any kind
from us or any third party vendor, including
without limitation, any implied warranty of
merchantability, fitness for a particular purpose,
accuracy or completeness of responses or results,
correspondence to description, or non-infringement
of third party rights. To the maximum extent
permitted by applicable law, neither us nor
any third party vendor will be legally responsible
for any damages, whether direct, indirect, or
consequential, arising from the use or inability
to use any third party product. Subscriber agrees
to observe the terms of any license and/or applicable
end-user subscriber agreement for third party
products and that customer shall be fully liable
to third party vendors and us with respect to
any improper use of such third party products
or violation of license agreements with them
and/or applicable end user subscriber agreements.
Subscriber agrees not to remove, modify or obscure
any copyright, trademark or other proprietary
rights notices that appear on Third Party Products
or that appear during the use of Third Party
Products. Subscriber further agrees not to reverse
engineer, decompile, or disassemble the Third
Party Products.
Revisions to the TOS:
We reserve the right to revise, amend, or modify
the TOS at any time and in any manner. In such
case the amended or revised TOS will be posted
to our website. Subscriber understands that
changes to the TOS shall not be grounds for
early contract termination or non-payment.
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