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Terms of Service and Acceptable Use
Policy
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| The terms of use below constitute a legal agreement between you (The
Customer) and GlobalActive.com (the Company), which provides the Web hosting
services described at GlobalActive.com. Your agreement to be bound by these
terms is acknowledged by your use of the Company Services, Support
Services and/or any software made available to you by the Company. Agreeing
to GlobalActive Acceptable use Policy and Terms of Conditions is mandatory
for Hosting signing up or using our services. Please make sure you read
everything. If you have any questions Contact Us. |
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Acceptable Usage Policy (AUP)
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GlobalActive Acceptable Use Policy ("AUP") is provided to give
our customers and users a clear understanding of what GlobalActive expects of
them while using the service. All users of GlobalActive Internet services:
those who access some of our Services but do not have accounts, as well as
those who pay a service fee to subscribe to the Services, must comply with
this AUP and our TOS (Terms of Service).
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 web site, e-mail transmission, newsgroups, or other
material created or accessible over or through the services, except for
certain proprietary Web sites. However, in accordance with our TOS (Terms
of Service), we may remove any materials that, in our sole discretion, may
be illegal, may subject us to liability, or which may violate this AUP.
GlobalActive may cooperate with legal authorities and/or third parties in the
investigation of any suspected or alleged crime or civil wrongdoing. Your
violation of this AUP may result in the suspension or immediate
termination of either your GlobalActive account or other actions as detailed
in Section 3 WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understand of GlobalActive Acceptable Use Policy. The following are guidelines for the establishment
and enforcement of GlobalActive AUP:
- 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
GlobalActive intends to provide its customers access to
everything the Internet has to offer. While GlobalActive is firmly committed
to the principles of free speech, certain activities that may be damaging
to the resources of both GlobalActive and the Internet and cannot be
permitted under the guise of free speech. The resources of GlobalActive 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.
You may not use your dedicated rack or virtual site to publish material,
which GlobalActive.Com determines, at its sole discretion, to be unlawful,
indecent or objectionable. For purposes of this policy,
"material" refers to all forms of communications including
narrative descriptions, graphics (including photographs, illustrations,
images, drawings, logos), executable programs, video recordings, and audio
recordings.
If a GlobalActive account is used to violate the Acceptable Use Policy or our
TOS, we reserve the right to terminate your service without
notice. We prefer to advise customers of inappropriate behavior
and any necessary corrective action, however, flagrant violations of the
Acceptable Use Policy 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.
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Hosting Service Usage Policy
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The Customer should use all recourses provided by The Company in a
manner that does not endanger the quality of the overall server
performance. Such resources include but are not limited to: Server Memory
Usage, CPU usage, MySQL server usage, mail server usage, web server usage
etc. Failure by the Customer to maintain his/her account in full
compliance with the terms listed below may result in a warning, suspension
or immediate account termination with no refund. The Company has the right
to decide what constitutes a violation of the terms below:
- Customer's use of traffic (bandwidth)
Customer's account monthly traffic is limited in accordance with the
Customer's hosting plan. If the monthly traffic limit is reached before
the end of the month the Customer's account will be suspended until the
beginning of the next month. Additional traffic can be ordered for the
given month, so that account suspension is avoided. No traffic can be
transferred from month to month.
- Customer's use of disk space
Customer's account disk space is limited in accordance with the
Customer's hosting plan. The customer should pay fee for additional disk
space consumed.
- Customer's use of email service
The Customer should use the email and other related services in full
compliance with the terms below:
- Each Customer's account is allowed to send a maximum of 100 emails
per hour. Any account that exceeds this limitation is endangering
the overall server performance.
- Each email sent by the Customer should have NO more than 20
recipients. Sending a single email to more than 20 recipients
simultaneously is endangering the overall server performance.
- The use of email clients with IMAP protocol is allowed for
mailboxes with a maximum size up to 50MB. Any use of IMAP with a
bigger mailbox is endangering the overall server performance.
- The use of email clients with POP3 protocol is allowed for
mailboxes with a maximum size up to 50MB. Any use of POP3 with a
bigger mailbox is endangering the overall server performance.
- The Company allows up to 40 checks per hour for a POP3 mailbox.
Any use of POP3 service to check a mailbox more often than 40 times
per hour is endangering the overall server performance.
- Customer's use of DataBase Resources
Customer should use the MySQL database server resources in a way that
does not endanger the quality of the overall server performance. A
database that generates more than 10% of the database queries longer
than 1 second at any given time endangers the overall server
performance. The Customer is responsible to manage his/her database(s)
so that it is in compliance with this policy.
- Customer's Use of Shared Server CPU
The Customer account should NOT use more than 10% of the shared
server CPU for a period longer than 5 seconds. Any account that is using
more than 10% of the shared server CPU for more than 5 seconds is
endangering the overall shared server performance.
- Customer use of Server Memory
The Customer account should NOT use more than 65MB of the server
memory resources at any given time. Any account that is using more than
65 MB of the shared server memory is endangering the overall shared
server performance.
- Other Customer's account limitations
The limitations listed below apply to each Customer’s account and
failure by the Customer to comply with them will endanger the overall
server performance:
- No more than 20 simultaneous processes will be executed by the
Customer's account at any given time.
- No Cron Jobs with execution period shorter than 30 minutes will be
executed from the Customer's account.
- No more than 10 simultaneous connections from a single IP to the
Customer's account are allowed.
In rare cases The Company may be able to re-activate a Customer's
account that has been suspended for violation of terms of account
resource use. This is done only if the Company decides that there is
enough evidence that the violation will not be repeated and after a
payment of a $50.00 re-activation fee.
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| Account Confidentiality and Integrity |
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The Customer is responsible for maintaining the confidentiality of all
login information related to his/her account, Control Panel, FTP and other
account management tools.
The Customer is responsible for maintaining the security and the
integrity of all the software applications that s/he chooses to be
uploaded and/or used on his/her account. The Company cannot and will not
be liable for any loss or damage arising from security bridged in any such
software and application.
The Customer agrees to immediately notify the Company of any
unauthorized use of his/her password or account or any other breach of
security and to ensure that s/he logouts at the end of each session. The
Company cannot and will not be liable for any loss or damage arising from
your failure to comply with this policy.
The Customer is fully responsible for all activities that are performed
through his/her account. The Company has the right to suspend or terminate
any account, which does not comply with the terms of use, without prior
notice and with no refund. The Company cannot and will not be liable for
any loss or damage arising from account suspension or termination due to
unacceptable use of the account, even if the Customer is not aware of
and/or has not authorized such use.
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| Actions that Cause Harm to The Company |
| The Customer is responsible not to engage in or to instigate actions
that cause harm to the Company or other Customers. Such actions include,
but are not limited to, actions resulting in blacklisting any of The
Company IPs by the any online spam database, actions resulting in DOS
attacks for any servers belonging to the Company, etc. Failure to comply
with this policy may result in a penalty fee, warning, suspension or
possible account termination with no refund. The Company has the right to
decide in good faith which actions cause harm as well as the size of the
penalty fee or the severity of any other corrective action to be applied. |
| Account content performance |
| The Customer is solely responsible for the quality and performance of
the Customer's account content uploaded by the Customer. Customer is also
responsible to ensure that all aspects of the Customer's account content
are compatible with the Company server's hardware and software. The
specifications of the hardware and software are described in the Control
panel (CPanel) for each account. It is Customer's responsibility to keep
his/her content compatible at all times. The Company cannot and will not
be responsible for any malfunctioning of the Customer's content or any
damages to the Customer's content caused by failure of the Customer to
keep his/her content compatible with the hardware and software used by the
Company. |
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VIOLATIONS OF
GLOBALACTIVE ACCEPTABLE USE POLICY
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The following constitute violations of this AUP:
- Illegal use: GlobalActive services may not be used for
illegal purposes, or in support of illegal activities. GlobalActive reserves the right to cooperate with legal authorities and/or injured
third parties in the investigation of any suspected crime or civil
wrongdoing.
- Harm to minors: Use of GlobalActive service to harm,
or attempt to harm, minors in any way, including, but not limited to
child pornography, child pedophiliac material (pedo hard pics).
- Threats: Use of GlobalActive service to transmit any
material (by e-mail, uploading, posting or otherwise) that threatens
or encourages bodily harm or destruction of property.
- Harassment: Use of GlobalActive service to transmit
any material (by e-mail, uploading, posting or otherwise) that
harasses another.
- Fraudulent activity: Use of GlobalActive 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."
- 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. The use of anonymous re-mailers or nicknames does not
constitute impersonation.
- Unsolicited commercial e-mail / Unsolicited bulk e-mail
(SPAM) Use of GlobalActive service to transmit any unsolicited commercial
or unsolicited bulk e-mail is expressly prohibited. Violations of this
type will result in the immediate termination of the offending
GlobalActive account.
- 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 GlobalActive account.
- E-mail / Message Forging: Forging any message
header, in part or whole, of any electronic transmission, originating
or passing through GlobalActive service is in violation of this AUP.
- Usenet SPAMing: GlobalActive has a zero tolerance
policy for the use of its network for the posting of messages or
commercial advertisements, which violate the rules, regulations, FAQ
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 GlobalActive service to
access, or to attempt to access, the accounts of others, or to
penetrate, or attempt to penetrate, security measures of GlobalActive 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 GlobalActive account is subject to immediate
termination.
- Copyright or trademark infringement: Use of
GlobalActive 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.
- Collection of personal data: Use of GlobalActive service to collect, or attempt to collect, personal information about
third parties without their knowledge or consent.
- Network disruptions and unfriendly activity: Use of
GlobalActive service for any activity which affects the ability of other
people or systems to use GlobalActive Services or the Internet. 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. It is the
Member's responsibility to ensure that their network is configured in
a secure manner. A Subscriber may not, through action or inaction,
allow others to use their network for illegal or inappropriate
actions. A Subscriber may not permit their network, through action or
inaction, to be configured in such a way that gives a third party the
capability to use their network 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.
GlobalActive 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.
- Fraud: Involves a knowing misrepresentation or
misleading statement, writing or activity made with the intent that
the person receiving it will act upon it.
- Infringement of Copyright, Patent, Trademark, Trade Secret,
or Intellectual Property Right: Distribution and/or posting
of copyrighted or the aforementioned infringements will not be
tolerated.
- Distribution of Viruses: Intentional distributions
of software 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 GlobalActive services could result in suspension service.
- Third Party Accountability: GlobalActive subscribers
will be held responsible and accountable for any activity by third
parties, using their account, that violates guidelines created within
the Acceptable Use Policy.
- Violation Of GlobalActive Virtual Accounts: It is
absolutely forbidden to host pornographic content or IRC servers on
Virtual Hosting/Reseller Accounts. Virtual hosting/Reseller accounts
found hosting this material will be subject to immediate cancellation
without refund.
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IRC networks: It is absolutely
forbidden to host an IRC server that is part of or connected to
another IRC network or server. Servers/hosting found to be connecting
to or part of these networks will be immediately removed from our
network without notice. The server/hosting will not be reconnected to
the network until such time that you agree to completely remove any
and all traces of the irc server, and agree to let us have access to
your server to confirm that the content has been completely removed.
Any server/member guilty of a second violation will result in
immediate account termination.
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Adult Content: Explicit adult content
(pornography) will be grounds for immediate suspension of your
account. Sites containing only links to adult content will be
immediately suspended. GlobalActive will be the sole arbiter as to what
constitutes a violation of this provision. Adult-oriented sites,
pornography and sex-related merchandising are prohibited. We also
prohibit sites that provide storage, sale, distribution, hypertext
link to, advertisement, promotion or hosting of material that is
unlawful, defamatory, obscene, harmful, threatening, harassing, or an
intrusion of privacy or publicity rights, or otherwise objectionable.
Note: Artistic nudity may be acceptable, but this is at the sole
discretion of GlobalActive.com.
- Banned Scripts :
The following scripts are banned from use on our shared and reseller
hosting and may not be uploaded or run. Reasons for banning them
include adverse effects on server load, invitations to hackers/spammers/criminal
activity, etc.
IRC egg drops
Proxy servers
Mail bombers
Anonymous mailers
IP spoofers
Port scanners
nph-proxy
UBB (Ultimate Bulletin Board, all versions)
Ikonboard, Yabb (all versions)
lstmrge.cgi
FormMail scripts and clones.
Greymatter (gm.cgi)
Cgi/Perl Content management systems
Shell, SSH, Telnet Scripts and Shell, SSH, Telnet Alternatives.
Any script that uses & processes a massive number of flatfiles or
large flatfile databases
Security
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. In addition, you
may not use your account to breach security of another account or attempt
to gain unauthorized access to another network or server.
- 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.
- Attempting to obtain another user's account password is strictly
prohibited, and may result in termination of service.
- You must adopt adequate security measures to prevent or minimize
unauthorized use of your account.
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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.
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You may not attempt to interfere with service to
any user, host or network ("denial of service attacks").
This includes, but is not limited to, "flooding" of
networks, deliberate attempts to overload a service, and attempts to
"crash" a host.
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Users who violate systems or network security may
incur criminal or civil liability. GlobalActive will cooperate fully with
investigations of violations of systems or network security at other
sites, including cooperating with law enforcement authorities in the
investigation of suspected criminal violations.
Network Performance
GlobalActive accounts 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 GlobalActive systems or networks.
GlobalActive reserves the right to terminate or limit such activities.
In rare cases the Company may be able to re-activate a Customer's
account that has been suspended for violation of acceptable use policy
above. This is done only if the Company decides that there is enough
evidence that the abuse will not be repeated and after a payment of a
$50.00 re-activation fee.
REPORTING VIOLATIONS OF GLOBALACTIVE AUP
GlobalActive requests that anyone who believes that there is a violation of
this AUP direct the information to the Abuse Department at abuse@globalactive.com
.If available, please provide the following information:
- The IP address used to commit the alleged violation
- The date and time of the alleged violation, including the time zone
or offset from GMT
- Evidence of the alleged violation
E-mail with full header information provides all of the
above, as do system log files. Other situations will require different
methods of providing the above information. GlobalActive may take any one or
more of the following actions in response to complaints:
- Issue written or verbal warnings
- Suspend the Member's newsgroup posting privileges
- Suspend the Member's account
- Terminate the Member's account
- Bill the Member for administrative costs and/or reactivation charges
- Bring legal action to enjoin violations and/or to collect damages,
if any, cause by violations
REVISIONS TO THIS ACCEPTABLE USE POLICY
GlobalActive reserves the right to revise, amend, or
modify this AUP, our TOS (Terms of Service) and our other policies and
agreements at any time and in any manner. Notice of any revision,
amendment, or modification will be posted in accordance with our TOS
(Terms of Service).
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Terms of Service (TOS)
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GlobalActive.com ("The Company") agrees to furnish
services to the Subscriber, subject to the following TOS (Terms of
Service). Use of GlobalActive Service constitutes acceptance and agreement to
GlobalActive AUP as well as GlobalActive TOS (Terms of Service).
All provisions of this contract are subject to the TOS
(Terms of Service) of GlobalActive and AUP (Acceptable Use Policy). The AUP
may be changed from time to time at the discretion of the Company.
Subscriber understands that change to the AUP by the Company shall not be
grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the
laws of the state of Texas, county of Harris applicable to contracts
enforceable in that state. Venue will be Harris County, Texas.
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| a) Disclosure to Law
Enforcement: |
| The AUP specifically prohibits the use of our service for illegal
activities. Therefore, 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.
In addition GlobalActive shall have the right to terminate all service set
forth in this Agreement. |
| b) 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. |
| c) Payments and Fees: |
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Establishment of this service is dependent upon receipt
by the Company of payment of stated charges. Subsequent payments are due
on the anniversary date of the month for that month's service. The above
applies to all accounts and services provided by GlobalActive.
Subscriber acknowledges that their hosting plans/domain
registration will automatically renew at same price until you cancel.
- Credit cards that are declined for any reason are
subject to a $1.00 declination fee.
- Service
will be interrupted on accounts that reach 5 days past due.
- Service interrupted for nonpayment is subject to a
$20 reconnect charge.
- Accounts not paid by due date are subject to a $7.95
late fee.
Accounts that are not collectable by GlobalActive may be turned over to an
outside collection agency for collection. If your account is turned over
for collection, you agree to pay the company a "Processing and
Collection" Fee of not less than $50 nor more than $150. If you
desire to cancel your account, please follow the proper procedure to do
this as outlined in this TOS.
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| d)Failure to Pay: |
| The Company may 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.
Paypal Subscription Cancellations: If you subscribed to our hosting plan
with Paypal payments and if we get notice from paypal.com regarding your
subscription cancellation, we have full right to suspend your hosting
account till the subscription is reinstated. GlobalActive.com do not host
websites with cancelled subscriptions. |
| e)Third Party Software Products |
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The Customer can use third party software on his/her account only if it
is compatible with the Company servers and is approved by the Company. The
Customer's use of any third party software is at the Customer's own risk.
The Company cannot be responsible for any third party software
performance.
Any assistance with third party software is provided by the Company
only upon Customer's request. The Company may charge an additional fee for
such assistance, depending on the nature of the work required.
The Customer is solely responsible for any license and other fees
required by the software providers, for using any third part software
installed on the Customer's account apart from the initial account setup.
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| f) Backup Policy |
| The Company act in good faith to create a backup copy of each Customer's
account once a week. However, these copies are intended for the Company
internal use only. The Customer is solely responsible for making backup
copies of his/her web site and content. The Company has no liability or
obligation to create, store or provide any backup copy to the Customer
website ,databases and other content. The Company cannot be and will not
be liable for any damage, loss of data, loss of use or other loss
occurring because of lack of a copy of Customer's website and other
content or having an outdated back up copy of Customer's website and other
content. |
| g) Technical Support Usage |
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The Company provides Technical Support to the Customer at no additional
fee only for hosting related issues. The Company has the right to decide
what is a hosting related issue and to charge additional fees or refuse
support for non-hosting related issues. Any fees paid by the Customer for
providing non-hosting related support are non-refundable.
The Customer can requested technical support only by opening a ticket
trough the Helpdesk system located in the Customer's area. The Company
will have no liability to provide technical support if it is requested in
any other way apart from the Helpdesk system. The Customer is solely
responsible to use the appropriate Helpdesk category when posting a
ticket. The Company GlobalActive.com will have no liability to respond to tickets opened in
inappropriate categories.
Customer must provide the Company with all information and access to
facilities that the Company may reasonably require to provide the
requested Technical Support. The Company cannot and will not be liable for
any delays or increased costs or expenses associated with Customer's
failure to provide any of such information.
The Company will act in good faith to provide the requested technical
support in the time frame expected by the Customer and to achieve the
results required by the Customer. However, The Company has no liability or
obligation to complete the requested Technical support by any deadline or
achieve any particular outcome or result.
The Company will have no liability or responsibility for any damage,
loss of data, loss of use or other loss occurring in connection with the
Company provision of Technical Support requested by Customer.
The Customer should not abuse the Helpdesk system. Abuse of the
Helpdesk system includes, but is not limited to, excessive number of
tickets opened by a single Customer, aggressive and/or harassing behavior,
repetitive use of inappropriate categories for posting a ticket, etc. Any
abuse of the Helpdesk system may result in warning, Helpdesk access
restrictions, hosting account suspension or possible hosting account
termination with no refund.
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| h) Domain Names Policy |
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Domain Names
Registration and Management
The Company will register or renew any domain name on behalf of the
Customer with a registrar selected by the Company. Customer's rights to
any domain name registration or renewal are not granted by the Company,
but are granted by ICANN, the registrar and the applicable laws.
Each domain ordered by the customer is registered on the name of the
Company initially for faster registration purpose. Each customer can manage
his/her domain registered or transferred to the Company. The access to the
domain name management tool is granted after a customer's request. The
customer can always change personal details from domain management tool.
The Customer can transfer the domain name registered by the Company to
another domain name registrar at any time.
Domain Name Transfers
The Customer can transfer a domain name to the Company. The domain
transfer is possible only if the Customer ensures that:
- The domain name to be transferred is not in 'locked' Status.
- The Customer has access to the administrative contact email for the
domain.
- The Customer can provide the Company with the domain EPP key code,
applying to domains for which there is such a code.
- There are more than 15 days till the domain name expiration date.
- The domain name was registered for the first time more than 60 day
ago.
- The domain name has extension that the Company is able to register.
The Company charges the appropriate fee for the domain transfer,
depending on the domain name extension. The Domain transfer fee is
one-time and is non-refundable. The Company cannot be held responsible if
a domain transfer is not successful due to the clients' failure to comply
with the terms above.
Domain Name Renewals
When You register a domain name, the domain name be automatically
renewed upon reaching the expiration date. Automatic renewal is the
default setting, which You must deactivate if You do not want Your domain
name(s) to be automatically renewed.
GlobalActive.com will automatically renew, for a period equivalent to the
length of your original registration, any domain name that is up for
renewal and will take payment from the Payment Method You have on file
with GlobalActive.com, at GlobalActive.com then current rates. Thus, if you have
chosen to register your domain name for one year, GlobalActive.com will
automatically renew it for one year. If you have chosen to register your
domain name for two years, GlobalActive.com will automatically renew it for
two years, and so on.
If for any reason GlobalActive.com is not able to take the payment from
the Payment Method You have on file, and You fail to respond to our
notices, Your domain name registration will expire. It is Your
responsibility to keep Your Payment Method information current, which
includes the expiration date if you are using a credit card.
If you fail to renew your domain name, you agree that GlobalActive.com
may, at its sole discretion, renew your expired domain name on your behalf
by charging additional fee.
If you do not renew domain during the Renewal Grace Period (10 days )
your domain name will be placed on Hold and flagged for deletion after
which you will have a 30 day redemption period during which you may pay
GlobalActive.com a Redemption fee and redeem your domain name. The Redemption
fee is currently $180 USD+ Renewal Fee and is subject to change under the
terms of this agreement. If you do not redeem your domain name prior to
the end of the 30 day redemption period GlobalActive.com will not be
responsible for your domain name deletion by principle registry. We at
GlobalActive.com do not have any control on domain once it is deleted.
If you do not redeem your domain name prior to the end of the
Redemption Grace Period the Registry will release your name and it will
become available for registration on a first-come-first-served basis.
Note: All domain registration, renewal, transfer charges
will be non Refundable.
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| i) Service cancellation, migration and refund policies: |
| a) Service Cancellation and Refund Policy |
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Service Cancellation By the Customer
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Any service provided by the Company can be cancelled by the Customer
with a cancellation request posted through the cancellation form available
on website. The cancellation becomes effective 10 business days after the
cancellation request is received by the Company. If a renewal payment is
billed by the Company after a cancellation request is received but before
the cancellation became effective it will not be refunded. You may cancel
your account at any time before your monthly billing date, and you will
not be billed for the next month.
GlobalActive preferred method of cancellation is via canceling your
PayPal Subscription
You must have all account information to cancel. We do not cancel accounts
via our Live chat, helpdesk or any other way due to security reasons
besides the ones listed above.
Non-usage of hosting account, account inactivity or if you moved to
another host, phone requests will not constitute acceptance of any
cancellation.
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If a Web hosting service is cancelled by the client , the client is
eligible for a refund on the following terms:
- Web Hosting Accounts cancelled by the Customer more than 30 days
after the initial payment are not eligible for refund.
- ALL refunds after the 30-day period will be rejected.
- We do not offer any kind of "money back" guarantee.
- All overcharges or billing disputes must be reported within 15 days
of the time the dispute occurred.
- The Customer will be refunded the money s/he paid for the Web
hosting account(s) excluding the Cancellation processing fee of $10
-$25 per account. Cancellation processing fee is always withheld in
case of a refunds.
- If the Customer has registered a domain name during the initial
hosting account order process the applicable domain name registration
fee will be also withheld. The domain registrations fee is always
withheld in case of a refund, even if this fee were waived at the time
of purchase.
- Paypal Payments method: GlobalActive do not refund payments made
through paypal or Paypal subscriptions for services after 30 days of
original transaction. Refund processing charges of $10-$25 will be
applicable for all paypal refunds.
- Credit Cards : "If We in the future accept credits cards other
than PayPal" No refunds will be given on Credit cards after 30
days of original transactions. Refund processing charges of $25 will be
applicable for credit card refunds.
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| B) Service/plan Migration Policy |
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Upgrade Policy:
GlobalActive launches new plans and offers from time to time. If you
choose to upgrade from existing plan to the higher plan, there won't be
any charges i.e free cost.
Plan Degrade Policy:
If you choose to degrade from higher plan to lower plans, we will
charge $10 non-refundable migration fee for degrade and plan cancellations
charges also applicable.
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Service Cancellation by The Company
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| The Company may cancel any of its services, if the Company determines in
good faith that this service has become impractical or unfeasible for any
technical, legal, regulatory or other reason, by giving Customer as much
prior notice as reasonably practicable. The Company may also cancel any of
its services immediately with no prior notice and with no refund, if the
Company determines in good faith that Customer's use of the service
violates the terms of use. |
| j) Services Ownership |
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The person/organization, whose information is filled in My Details?
section in the Customer area is considered by the Company as the OWNER of
the service. Initially this information is automatically filled by the
Company using the information provided during the order process on the
order page. If there is both an Organization and a person pointed out as
owners, the priority is given to the organization. The change of ownership
can be done at any time by changing the information filled in “My
Details” section in the Customer area by the current owner. The owner is
solely responsible for any change to this section.
The Company will contact the Owner in any event connected with the
ordered service. The Company will also consider the Owner as the only one
authorized to make requests to the Company connected with the ordered
service.
This person/organization, who pays for the ordered service is
considered the PAYER of the service and is NOT considered as owner of the
service unless one of the following is true::
- The Owner is the same as the Payer
- The Owner, has contacted the Company and agreed that the ownership
is transferred to the Payer.
In case the OWNER is different from PAYER, the Owner is obliged to
inform the Payer about the Company ownership policy.
Any dispute about ownership that can arise will be settled by the
Company based on the ownership policy described above. The Company will
consider a court decision overruling in case of ownership dispute, and
will always comply with such a decision.
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| k) Choice of Arbitrator |
| The Customer agrees that if any disputes or claims arise against the
Company or its subsidiaries, such disputes will be handled by an
arbitrator of the Company’s choice. All decisions rendered by that
arbitrator will be binding and final. |
| l) Terms of use change |
| GlobalActive reserves the right to amend its policies at any
time. All Sub-Networks, resellers and managed servers of GlobalActive must
adhere to the above policies. Failure to follow any term or condition will
be grounds for immediate Cancellation. You will be held responsible for
the actions of your clients in the matter described on these Terms and
conditions. Therefore, it is in your best interest to implement a similar
or stricter Terms and conditions or otherwise called Acceptable Terms of
use policy. |
| m) Indemnification: |
GlobalActive wishes to emphasize that in agreeing to
GlobalActive Acceptable Use Policy (AUP) and Terms of Service (ToS), customer
indemnifies GlobalActive for any violation of the Acceptable Use Policy (AUP)
and Terms of Service (ToS) that results in loss to GlobalActive or the
bringing of any claim against GlobalActive by any third-party. This means
that if GlobalActive is sued because of a customer's or a customer of a
customer's activity, the customer will pay any damages awarded against
GlobalActive, plus all costs and attorney's fees.
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| n) LIMITATION OF LIABILITY: |
| GlobalActive shall not be responsible for any claimed damages,
including incidental and consequential damages, which may arise from
GlobalActive servers going off-line or being unavailable for any reason
whatsoever. Furthermore, GlobalActive shall not be responsible for any
claimed damages, including incidental or consequential damages, resulting
from the corruption or deletion of any web site from one of GlobalActive servers. All damages shall be limited to the immediate termination of
service. Violations of these Acceptable Uses Policies should be referred
to abuse@GlobalActive.com All complaints will be investigated promptly. |
| o) Miscellaneous Provisions: |
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You must provide us with, and keep current, good
contact information for you. E-mail, fax, and telephone contacts are used,
in that order of preference.
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A waiver by the Company of any breach of any
provision of this Agreement 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.
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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.
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GlobalActive takes no responsibility for any material
input by others and not posted to GlobalActive Network by GlobalActive.
GlobalActive is not responsible for the content of any other websites
linked to GlobalActive Network; links are provided as Internet navigation
tools only. GlobalActive disclaims 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.
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GlobalActive is not responsible for any damages your
business may suffer. GlobalActive does not make implied or written
warranties for any of our services. GlobalActive denies 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 GlobalActive.
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It is absolutely forbidden to host pornographic
content or IRC servers on Virtual Server Accounts. Virtual Server
Accounts found hosting this material will be subject to immediate
cancellation without refund.
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| Thanks again for choosing
GlobalActive.com! We
look forward to providing you with incredible service. |
| Revised : Feb-2008 |
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