Terms of Service
GlobusDomains (“The Company”) agrees to furnish services to the Subscriber, subject to the following Terms of Service (TOS).
Use of GlobusDomains services constitutes acceptance and agreement to GlobusDomains Acceptable Use Policy (AUP) as well as GlobusDomains Terms of Service (TOS).
All provisions of this contract are subject to the TOS (Terms of Service) of GlobusDomains and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. The Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
Law Enforcement Disclosure
The Acceptable Use Policy (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 authority which makes a written request without further consent or notification to the Subscriber. In addition GlobusDomains shall have the right to terminate all service set forth in this Agreement.
Service Rates
The Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Subscriber. The Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time.
Any promotional offer is contingent upon the Company achieving and maintaining its cost of service goals including but not limited to rates charged to the company by its suppliers.
Payment
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due one month before the anniversary date of that service.
Payments and Fees
Terms of payment are 28 days from date of invoice. Services will be interrupted on accounts that reach 28 days past due. Reconnecting services may invoke a reconnect charge. Renewing domains very close to or past the expiry date can incur additional charges from our suppliers, which will passed onto you.
Accounts that are not collectable by GlobusDomains may be assigned to an outside collection agency for collection. If your account is assigned 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.
Refund and Disputes
All payments to GlobusDomains are non-refundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in GlobusDomains sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay GlobusDomains an “Administrative Fee” of not less than £50 and not more than £150.
Failure to Pay
The Company may temporarily deny service or terminate this Agreement upon the failure of the Subscriber to pay charges when due. Such termination or denial will not relieve the Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Account Cancellation
Requests for cancelling accounts may be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to:
UK Office GlobusDomains Limited, 44 Kings Gate, Horsham, West Sussex RH12 1AE
Russian Office GlobusDomains LLC, Serebryanicheskiy pereulok, 9 – Kvartira 35., Moscow, Russia, 109028
GlobusDomains preferred method of cancellation is through our on-line ticket support system.
You may log into our support section at www.GlobusDomains.info and request to have your account cancelled there via the online ticket system. Please provide us with enough information to locate your account in our system, at a minimum this would be your account email or full name.
The 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, the Subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.
The Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
New Domain Accounts
All new web-hosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days.
Transfer of Domains
New web-hosting accounts which involve the transfer of a domain to our system may require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the customer cancels service during the transfer period for any reason, all charges are considered earned.
Support Boundaries
GlobusDomains provides technical support to our subscribers. We limit our technical support to our area of expertise. We encourage you to log a ticket at our on-line support system www.GlobusDomains.com. If you do not wish to submit a ticket you may also email support@GlobusDomains.com for assistance. If you are able to get online and have other questions, the answers may be in our support center. We encourage you to check there before contacting us through other channels.
SPAM and Unsolicited Commercial Email (UCE)
GlobusDomains takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM from our servers. Very simply this means that customers of GlobusDomains may not use or permit others to use our servers to transact in UCE. Customers of GlobusDomains may not create sites or information that is advertised by UCE from other networks.
In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination.
Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.
Violation of GlobusDomains SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, GlobusDomains will initiate an immediate investigation (within 48 hours of notification). During the investigation, GlobusDomains may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, GlobusDomains may, at its sole discretion, restrict, suspend or terminate customer’s account.
Further, GlobusDomains reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. GlobusDomains will notify law enforcement officials if the violation is believed to be a criminal offence.
First violations of this policy will result in an “Administrative Fee” of £150 and your account will be reviewed for possible immediate termination. A second violation will result in an “Administrative Fee” of £300 and immediate termination of your account. Users who violate this policy agree that in addition to these “Administrative” penalties, they will pay “Research Fees” not to exceed £150 per hour that GlobusDomains personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
BEGINNING IMMEDIATELY anyone websites that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their website immediately removed from our servers. The servers will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the website to confirm that all material has been COMPLETELY removed.
Severe violations may result in immediate and permanent removal of the website from our network without notice to the customer. Any websites guilty of a second violation WILL be immediately and permanently removed from our network without notice.
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. GlobusDomains will monitor Customer’s bandwidth and disk usage. GlobusDomains shall have the right to take corrective action if Customer’s bandwidth or disk usage exceeds the Agreed Usage.
Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in GlobusDomains sole and absolute discretion. If GlobusDomains takes any corrective action under this section, the Customer shall not be entitled to a refund of any fees paid in advance prior to such action.
System and Network Security
Users are prohibited from violating or attempting to violate the security of the GlobusDomains servers. Violations of system or network security may result in civil or criminal liability. GlobusDomains 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. These violations include, without limitation:
- Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation.
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
- Taking any action in order to obtain services to which Customer is not entitled.
Notification of Violation
GlobusDomains is under no duty to look at each customer’s or user’s activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
First violation Any User, which GlobusDomains determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at GlobusDomains discretion to a temporary suspension pending a User’s agreement in writing, to refrain from any further violations.
Second Violation Users that GlobusDomains determines 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.
We reserve the right, to drop the website 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 network or a customer’s network, or if denial of service attacks are originating from your website.
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 possible.
Suspension of Service or Cancellation
GlobusDomains reserves the right to suspend server access to any customer if, in the judgement of the GlobusDomains server administrators the customer’s website is the source or target of the violation of any of the other terms of the AUP or for any other reason which GlobusDomains chooses.
If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s machines were suspended.
GlobusDomains reserves the right to amend its policies at any time. All re-sellers of GlobusDomains 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.
Indemnification
GlobusDomains wishes to emphasize that in agreeing to the GlobusDomains Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies GlobusDomains for any violation of the Acceptable Use Policy (AUP) and Terms of Service (TOS) that results in loss to GlobusDomains or the bringing of any claim against GlobusDomains by any third-party. This means that if GlobusDomains is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against GlobusDomains, plus all costs and legal fees.
Miscellaneous Provisions
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.
A waiver by the Company of any breach of any provision of this Agreement by the 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.
The subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. The Company may assign the Agreement at anytime without consent from or notice to the Subscriber. The Company reserves the right to cancel the Customers rights under this contract at anytime without further obligation.
GlobusDomains takes no responsibility for any material input by others and posted on the GlobusDomains servers. GlobusDomains is not responsible for the content of any other websites linked to the GlobusDomains Network; links are provided as Internet navigation tools only. GlobusDomains 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.
GlobusDomains is not responsible for any damages your business may suffer. GlobusDomains does not make implied or written warranties for any of our services. GlobusDomains 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 GlobusDomains.
It is absolutely forbidden to host illegal pornographic content or IRC servers on Virtual Server Accounts. We are bound by the laws of the United States, where our servers are located. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.
Responsibility for Content
You, as GlobusDomains’s customer, are solely responsible for the content stored on and served by your GlobusDomains hosted website or supplied domain.
Customer 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 GlobusDomains 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.
Denial of Service
GlobusDomains reserve the right to refuse service to anyone at any time for any reason.
