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This Services
Agreement (the "Agreement") contains the complete terms and conditions
which govern your subscription of Web hosting, e-Commerce and other
Internet-related services provided by Global TC Network., (the
"Services"). As used in this Agreement, "Global TC Network." means
Global TC and "Client", "you", or "your" means you. By clicking on the
"Final Step" button, you acknowledge that you have read the Agreement,
and you agree to its terms and conditions and all policies posted on the
Global TC Network site. As referred to in this Agreement, "Site" refers
to a World Wide Web site and "Global TC Network Site" refers to the Site
located at the URL
http://www.all2host.net
, or any other
successor Sites owned or maintained by Global TC Network.
Resellers
As a reseller you are
bound and all your customers are bound by the limitations of this
agreement. You as a reseller agree at all times you hold harmless,
defend, and indemnify Global TC Services from any legal action taken by
any account you sell or create. As a reseller of our services you are
responsible for your client's actions and the content that you host for
them. In the event of a breach of these terms by any client of yours,
you will be notified and asked to rectify the situation in a timely
manner. In the event you refuse or do not take action in a timely manner
the offending site may at the sole discretion of Global TC Services be
suspended or terminated. Repeated violations of these terms may result
in the termination of your account and all your customers’ account.
1. APPROPRIATE USE OF
THE SERVICES.
Global TC Network provides the
Services exclusively and makes no effort to edit, control, monitor or
restrict the content of data other than as necessary to provide such
Services.
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Client Content.
Client agrees that it will not distribute, electronically transmit or
display any materials supplied by Client - or through Client by a
third party - to any Global TC Network connection with Client's use of
the Services which:
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Violate any state, federal or
foreign laws or regulations;
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Infringe on any intellectual
property rights (e.g., copyright, trademark, patent or other
proprietary rights) of Global TC or any third party;
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Are defamatory, slanderous or trade
libelous;
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Are threatening or harassing;
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Are discriminatory based on gender,
race, age or promotes hate
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Violate any Global TC policy posted
on the Global TC Site including, but not limited to, our AUP.
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Contain viruses or other computer
programming defects that result in damage to Global TC or any third
party.
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Bandwidth.
Client may occupy only the amount of disk space allocated to them, and
utilize no more than the network bandwidth that is allotted by the
plan in which the user has chosen. Additional fees, specified in the
Virtual Host plans page, will be charged for exceeding the disk space
and/or network bandwidth allowance of your selected plan.
- Domain Aliases.
Client will use no more than 10 domain aliases or domain pointers per
web site with out the explicit permission of all2host.net.
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No "SPAM".
Client shall not use the Services for
chain letters, junk mail, spamming, or any use of distribution lists
to any person who has not given specific permission to be included in
such a process. Client also shall not engage in any unsolicited email
practices, or otherwise, that mentions or reference any domain hosted
by Global TC Network servers. NOTE: THIS POLICY APPLIES TO VIRTUAL
SERVER ACCOUNTS, AND RESELLER ACCOUNTS AND ALL DOMAINS, NAMES SERVERS
AND PARKED DOMAINS HOSTED ON THE SERVER.
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Licensed Software Only.
Client agrees to use only properly licensed third party software in
connection with Client's use of the Services.
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Back-Up Files.
Client will have the ability to reinstate files which are
automatically archived by Global TC, however, Global TC does not
guarantee the existence, accuracy, or regularity of its backup
services and, therefore, Client is responsible for making back-up
files in connection with its use of the Services. Backup capability is
available through the Client’s Control Panel. There is a fee of $75.00
per occurrence if we have to restore a back up for you.
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Termination. Global TC Network
reserves the right to refuse service to anyone. Global TC Network, in
its sole discretion, may immediately terminate this Agreement if
Client engages in any of the foregoing. If Global TC finds it
necessary to terminate a clients account for violation of these
policies set forth in the TOS and AUP, the client will forfit any
refunds due for unused services. To report any unacceptable behavior
by a third party using the Services, please contact
abuse@all2host.net.
2. PAYMENT OBLIGATIONS
Service
Fees. Each
Client will pay on a monthly or yearly basis depending on the date
ordered, Global TC Network shall either (i) debit Client's credit card
(where such information is provided by Client) on this date. or (ii)
deliver by e-mail an invoice to Client in accordance with the applicable
Services fees for services rendered for the current month(extras) and
the next month after the current month. Where an invoice is delivered to
Client, Client shall remit payment to Global TC Network by no later than
the specified payment due date which will determined by the dated
entered into the agreement. Global TC Network shall be entitled to
immediately terminate this Agreement for Client's failure to make timely
payments to Global TC Network. Certain services carry a set-up fee
charged by Global TC Network to Client that must be paid by Client in
order to have use of the Services. If Client terminates this Agreement
in accordance with Section 4 hereunder, Client shall be responsible for
any outstanding fees owed to Global TC Network and agrees to pay any and
all fees incurred by Client. Because the Services are provided on a
monthly or yearly basis, Client will be responsible for Service fees
incurred each month regardless of when Client provides notice of
termination. Thus, for example, if Client provides notice to terminate
on the 15th of a particular month, Client will still owe fees for the
entire month and such fees will not be refunded. If Client has retained
the Services for one (1) year and has pre-paid for such Services,
refunds will be issued for any unused full month portions of the
Services upon Clients request. Therefore, if Client's account is
cancelled at any point during the one (1) year term, Client will be
entitled to a refund for the months remaining after notice given by the
25th of the preceding month. Yearly account using over their usage
(additional fees) will be charge at the end of a one month period or if
additional services equal or greater than $100 at any one time whichever
of these conditions comes first
3. CLIENT LIABILITIES
AND INDEMNIFICATION
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The parties agree that in no event
shall Global TC Network be liable to any third party for Client's
breach or alleged breach of any of the terms and conditions set forth
in this Agreement. Client agrees to defend, indemnify and hold
harmless Global TC Network from any and all expenses, losses,
liabilities, damages or third party claims resulting from Client's
breach or alleged breach of any Client obligations set forth
hereunder.
4. TERM, TERMINATION &
REINSTATEMENT
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Subject to the terms and conditions
hereof, this Agreement shall be effective on the date you register for
the Services, and shall continue in effect on a month-to-month basis
unless otherwise specified by separate agreement (the "Term") unless
terminated earlier pursuant to the provisions of this Section 4.
Either party will have the right to terminate this Agreement upon
notice to the other party. If Client is terminating this Agreement,
Client must follow instructions for cancellation provided on the
Server Cancellation Information page. The essence of this page states
that Client must contact the Global TC Network receive a cancellation
number, which Client shall retain as proof of termination, and all
cancellation requests must be received by the Twenty-Fifth (25th) of
the respective month of cancellation. Any other attempt by Client to
cancel this Agreement by written or e-mail notice shall be void.
Sections 3 - 8 shall survive termination or expiration of this
Agreement.
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If Client terminates its account,
Client shall be allowed to re-instate Client's use of the Services
within Seven (7) business days of cancellation. Client shall pay a fee
of Fifty Dollars ($50) prior to any re-instatement of Client's
account. Once payment has been received, Client's account will be
activated within Forty-Eight (48) business hours. Global TC will
maintain an archival copy of Client's Web site for Seven (7) days
after Global TC receives notice of cancellation. Thereafter, Client
will need to place a new order if it wishes to subscribe to the
Services.
5. TAXES
6. DISCLAIMER OF
WARRANTY
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THE SERVICES, THE GLOBAL TC SITE,
INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR
OFFERED ON THE GLOBAL TC NETWORK. SITE, AND ALL TEXT, GRAPHICS, LINKS
AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND
WITHOUT WARRANTY OF ANY KIND. GLOBAL TC DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT
LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, GLOBAL TC SPECIFICALLY
DISCLAIMS ANY WARRANTY THAT (1) THE SERVICES WILL BE UNINTERRUPTED OR
ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR
OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL
BE SUFFICIENT.
7. LIMITATION OF
LIABILITY
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IN NO EVENT SHALL GLOBAL TC BE LIABLE
FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE GLOBAL TC
SITE OR ANY GLOBAL TC PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL,
INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS
AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED
HEREUNDER. IN NO EVENT SHALL GLOBAL TC’S CUMULATIVE LIABILITY EXCEED
AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 US).
8. MISCELLANEOUS
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Notices. Any notices or communication
under this Agreement shall be in writing and shall be deemed delivered
to the party receiving such communication at the address specified
below (1) on the delivery date if delivered personally to the party,
or a representative of the party; (2) one business day after deposit
with a commercial overnight carrier, with written verification of
receipt; (3) five business days after the mailing date, whether or not
received, if sent by postal mail, return receipt requested; (4) on the
delivery date if transmitted by confirmed facsimile.
If any of the
provisions, or portions thereof, of this Agreement are found to be
invalid under any applicable statute or rule of law, then, that
provision notwithstanding, this Agreement shall remain in full force and
effect and such provision or portion thereof shall be deemed omitted.
This Agreement (including the Exhibits, attachments and/or addenda, if
any,) represents the entire agreement of the parties with respect of the
subject matter hereof and supersedes all prior and/or contemporaneous
agreements or understandings, written or oral between the parties with
respect to the subject matter hereof. This Agreement and the rights
granted and obligations undertaken hereunder may not be transferred,
assigned or delegated in any manner by Client, but may be so
transferred, assigned or delegated by Global TC Hosting. Any waiver or
any provision of this Agreement, or a delay by any party in the
enforcement of any right hereunder, shall neither be construed as a
continuing waiver nor create an expectation of non-enforcement of that
or any other provision or right. In any legal proceeding between the
parties under this Agreement, the prevailing party shall be entitled to
recover its costs, expenses and reasonable attorneys' fees. This
Agreement is made under and shall be governed by the laws of the United
States of America, except with regard to its conflict of law rules. This
Agreement and Global TC Hosting policies are subject to change by Global
TC Hosting without notice. Continued usage of the Services after a
change to this Agreement by Global TC Hosting or after a new policy is
implemented and posted on the Global TC Hosting Site constitutes your
acceptance of such change or policy. We encourage you to regularly check
the Global TC Hosting Site for any changes or addition. |
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