Terms of Service and Acceptable Use Policy

USE OF SERVICES
By using our service, customer agrees to fully comply with our Term of Service and Acceptable Use Policy below. This document can be updated or modified from time to time without prior notice to Customer.

CONTENT
All services provided by Globalcon.net may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. Therefore, example of actions, contents or links such as these and not limited to are prohibited in our server and/or network:

• Pornography or nudity or partial nudity
• Spamming or sending unsolicited email
• Pirated software
• Malicious application
• Copyright infringement

Globalcon.net also reserves the right not to provide service to anyone for the sake of Globalcon.net and its current customers.

BULK COMMERCIAL E-MAIL / SPAM
Globalcon.net is committed to the zero-tolerance Anti-Spamming policy. You must obtain Globalcon.net approval for any bulk commercial e-mail. All bulk commercial e-mail must follow these guidelines:

• Your intended recipients have given their consent to receive e-mail by using a closed-loop confirmed opt-in (COI) procedure. This involves sending the recipient a confirmation e-mail which they must respond to in order to 'opt-in'.
• You retain evidence of the recipient's COI consent in a form that may be promptly produced on request, and you honor recipient's and Globalcon.net's requests to produce consent evidence within 24 hours of receipt of the request.
• The body of the e-mail must explicitly describe how the e-mail address was obtained, the website where the customer opted in, and information on how to request evidence of the consent.
• You have procedures in place that allow a recipient to easily revoke their consent and those instructions are clearly placed in the e-mail. Revocations of consent are honored within 12 hours, and you notify recipients that their revocation of their consent will be honored within 12 hours.
• You must post an 'abuse@yourdoman.com' e-mail address on the first page of any Web site associated with the e-mail. You must register that address at abuse.net, and you must promptly respond to messages sent to that address.
• You must have a Privacy Policy posted for each domain associated with the mailing.
• You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the TO: line of the e-mail
• Domains sending bulk commercial e-mail from your server must have valid whois information for the sending domain and any URLs in the e-mail. This information must include a valid name, company address, phone number, and e-mail address. Proxy / Private whois information is not allowed for bulk e-mail.
• Any attempt to circumvent SPAM filters, not limited to but including such methods as Word Salad, deliberate misspelling, and other circumvention attempts will result in an immediate block of your server(s) until the issue is resolved.
• You must comply with the CAN SPAM Act and other applicable laws.

TERMS
The Initial Term of this Agreement shall be one year, unless noted in the signed agreement. Upon expiration of the Initial Term, this Agreement shall be automatically renewed on a month-to-month basis until terminated by either party upon thirty (30) days written notice. The term for individual Product/Service orders shall be as set forth in the relevant Attachment or Service Order ("Product/Service Term"). Notwithstanding the foregoing, in the event that any Product/Service Term is greater than the Term of this Agreement, then this Agreement shall remain in effect until the expiration or termination of such Product/Service Term.

RATES AND PAYMENTS
Recurring Product/Service charges shall be invoiced monthly in advance (prorated for any partial month), except for those that are dependent upon usage of a Product/Service. Customer is responsible for all Non-Recurring Charges when billed, and all Recurring Charges from and after the Service Date (as set forth in the applicable Attachment or Service Order). Customer may receive its invoice in paper format, electronic format, or electronic and paper format. All amounts owed by Customer are due and payable upon receipt of Globalcon.net's invoice, to the address set forth in such invoice, and shall be past due fifteen (15) days after the date printed on the invoice. A late charge shall be added to Customer's past due balance equal to the lesser of 1.5% per month or the maximum rate permitted by law. Additionally, if Globalcon.net shall receive less than its invoiced amount due to a returned check, bank charges, transfer fees, or the like, Customer shall be subject to a processing charge, as applicable, as well as the late charge set forth herein. If Customer disputes any portion of a Globalcon.net bill, Customer must timely pay the undisputed portion of the bill and submit a written statement regarding the disputed amount, setting forth the particulars thereof. All disputes must be submitted to Globalcon.net within ten (10) days of the date printed on the invoice giving rise to the dispute. In the event that the disputed bill is resolved in Globalcon.net's favor, payment shall be due from Customer, along with applicable late charges, within five (5) days of such resolution. These rate are subject to increase: space, power, and bandwidth. Should the rate increase, we may have to pass this increase to the Customer.

DELINQUENCY
If the Customer is delinquent in its payment, Globalcon.net may modify payment terms to require full payment before the further provision of any services or require other assurances to secure Customer's payment obligations. To secure the payment that is due, Customer hereby grants to Globalcon.net a continuing security interest in and lien upon the equipment and furnish financial information to Globalcon.net when requested. In the event that Customers fails to pay Globalcon.net all amounts owed to Globalcon.net when due, Customer agrees that Globalcon.net may (a) restrict Customer's physical access to the space and Customer's equipment and/or (b) take hold/possession of the Customer's equipment and store it at Customer's expense and exercise all remedies available under applicable law, all without being liable for prosecution or damages. The equipment being hold by Globalcon.net due to delinquency does not automatically qualify as payment.

CREDIT/DEPOSIT
Delivery of Products/Services is subject to credit approval. Globalcon.net may require Customer to make a cash deposit at any time, as Globalcon.net deems reasonably necessary to protect its interests, if Customer is in default under this Agreement, has made late or incomplete payments for a period of two (2) consecutive months, has exceeded the pre-defined credit limit or has significantly expanded the Products/Services provided by Globalcon.net. If such cash deposit is required, Customer shall pay such deposit to Globalcon.net within fifteen (15) days of notice from Globalcon.net to Customer. The amount of the deposit will be credited to Customer's account when this Agreement expires or is terminated, and any remaining balance will be refunded to the Customer.

TAXES
Globalcon.net's bill shall separately identify any excise, sales, use, or other taxes, or any other governmental/municipal fees and charges applicable to Globalcon.net's provision of Products/Services to Customer, and all such taxes and fees, however designated (excepting those based on Globalcon.net's net income), shall be paid by Customer in addition to any other amount owing. If Customer first provides Globalcon.net with a valid tax exemption certificate, Globalcon.net will not collect any taxes covered by such exemption.

EQUIPMENT
Globalcon.net shall retain title to all of its equipment and facilities used to provide Products/Services under this Agreement. Customer shall be liable for damages to any Globalcon.net equipment, facility, or system caused by: (a) negligent or willful acts or omissions of Customer or any agent, employee, or End User of Customer; or (b) malfunction or failure of any equipment or facility provided by Customer or its agents, employees, End Users or suppliers. Customer shall also be liable for the theft of Globalcon.net's equipment or facilities located on Customer's or its End User's premises. Customer shall not allow any facility or equipment of Globalcon.net to be rearranged, removed, disconnected, or repaired without Globalcon.net's prior written consent, nor will Customer permit any liens or encumbrances to be placed on Globalcon.net equipment or facilities.

TERMINATION
Customer shall be in default of this Agreement, and Globalcon.net may terminate this Agreement or suspend Products/Services hereunder upon: (a) any failure of Customer to pay any undisputed amounts as provided in this Agreement, including payment of any deposit, which failure continues for more than ten (10) days after written notification to Customer; (b) any breach by Customer of a material provision of this Agreement which breach continues for more than thirty (30) days after written notification to Customer; (c) any insolvency, bankruptcy, assignment for the benefit of creditors, or similar event with respect to Customer; or (d) any violation by Customer of an applicable law or governmental regulation. Globalcon.net shall also have the right to immediately terminate or suspend Products/Services in the event of any governmental prohibition or required alteration of the Service, or in any emergency circumstance, each as determined in Globalcon.net's reasonable discretion. It shall be an event of default and Customer may cancel or terminate this Agreement if Globalcon.net is in breach of a material provision herein and such failure continues for more than thirty (30) days after Customer's written notice to Globalcon.net. Cancellation or termination is in addition to any and all other remedies provided for in the Agreement and available at law and in equity.

TERMINATION LIABILITY
If Products/Services are cancelled or terminated before expiration of the relevant Product/Service Term by Customer for any reason other than an event of default by Globalcon.net or a permitted termination pursuant to "Regulatory Compliance" below, or by Globalcon.net for a Customer default, Customer agrees to pay Globalcon.net the following sums, which shall become due and owing as of the effective date of termination and be payable within thirty (30) days thereafter: (a) all unpaid Non Recurring Charges for cancelled or terminated Products/Services; (b) all unpaid Recurring Charges for cancelled or terminated Products/Services provided before the date of termination; (c) all Recurring Charges for cancelled or terminated Products/Services through the initial twelve (12) months of the relevant Product/Service Term, (d) fifty percent (50%) of all Recurring Charges for cancelled or terminated Products/Services from the thirteenth (13th) month of the relevant Product/Service Term through the balance of the relevant Product/Service Term, and (e) any termination liabilities imposed by an underlying service provider for any associated local loops coordinated by Globalcon.net. This paragraph constitutes a reasonable estimate of damages that would be impossible to calculate in the event of early termination, and is not intended as a penalty.

WARRANTIES
GLOBALCON.NET MAKES NO WARRANTIES, EXPRESS OR IMPLIED, UNDER THIS AGREEMENT AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. GLOBALCON.NET DOES NOT WARRANT THAT THE PRODUCTS/SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE PRODUCTS/SERVICES WILL MEET CUSTOMER'S REQUIREMENTS, OR THAT THE PRODUCTS/SERVICES WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES. GLOBALCON.NET DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND CUSTOMER SHOULD NOT RELY ON ANYONE MAKING SUCH STATEMENTS.

LIMITATION OF LIABILITY
THE LIABILITY OF GLOBALCON.NET ASSOCIATED WITH THE INSTALLATION, PROVISION, USE, MAINTENANCE, REPAIR, TERMINATION OR RESTORATION OF PRODUCTS/SERVICES PROVIDED PURSUANT TO THIS AGREEMENT SHALL NOT EXCEED AN AMOUNT EQUAL TO THE CHARGES FOR AFFECTED PRODUCTS/SERVICES FOR THE PERIOD DURING WHICH SUCH SERVICE WAS AFFECTED. IN NO EVENT SHALL GLOBALCON.NET BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, EXEMPLARY OR SPECIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, ADVANTAGE, SAVINGS OR REVENUES OF ANY KIND, OR INCREASED COST OF OPERATIONS, WHETHER OR NOT GLOBALCON.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) ANY CLAIM OR DAMAGES CAUSED BY OR ARISING OUT OF (I) ANY ACT OR OMISSION (INCLUDING WITHOUT LIMITATION UNAUTHORIZED USE, THEFT, OR ALTERATION OF PRODUCTS/SERVICES, OR INTERFERENCE WITH PRODUCTS/SERVICES) BY CUSTOMER, AN INTERMEDIATE RESELLER, AN END USER, OR ANOTHER THIRD PARTY, (II) PRODUCT/SERVICE INTERRUPTIONS, (III) INTEROPERABILITY, INTERACTION OR INTERCONNECTION OF THE PRODUCTS/SERVICES PROVIDED UNDER THIS AGREEMENT WITH APPLICATIONS, EQUIPMENT, SERVICES OR NETWORKS PROVIDED BY CUSTOMER OR THIRD PARTIES, OR (IV) THE CONTENT OF ANY TRAFFIC PROVIDED OR USED BY CUSTOMER OR ANY AGENT, EMPLOYEE, OR END USER OF CUSTOMER. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY, AND SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, WARRANTY, STRICT LIABILITY, OR NEGLIGENCE (INCLUDING WITHOUT LIMITATION ACTIVE AND PASSIVE NEGLIGENCE). ALL CLAIMS MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE ALLEGED ACT OR OMISSION.

INDEMNITY
Except as otherwise set forth in this Agreement, and subject to the limitations of liability set forth in this Agreement, each party ("Indemnitor") shall indemnify, defend and hold the other party, its principals, officers, directors, agents, employees, subsidiaries, affiliates, successors and assigns (collectively "Indemnitee") harmless from and against any claims, losses, costs, damages or expenses whatsoever (including, but not limited to, reasonable attorneys' fees and court costs) arising out of or resulting from (i) claims for libel, slander, infringement of copyright or unauthorized use of trademark, trade name or service mark arising out of the use of the Products/Services by the Indemnitor, (ii) claims for patent infringement arising from combining or connection of facilities to the Products/Services by the Indemnitor, or (iii) any claims against an Indemnitee by a third party resulting from the acts or omissions of the Indemnitor or Indemnitor's principals, officers, directors, agents, employees or contractors.

ASSIGNMENT AND SUCCESSORS IN INTEREST
Neither party may assign this Agreement without the prior written consent of the other party (which consent shall not be unreasonably withheld or delayed), except that either Globalcon.net or Customer may assign its rights and obligations hereunder: (a) to any subsidiary, parent company, or affiliate of the assignor; (b) pursuant to any sale or transfer of substantially all the business of the assignor; or (c) pursuant to any financing, merger, or reorganization of the assignor. The terms and conditions contained in this Agreement shall bind and inure to the benefit of the parties and their permitted successors and assigns.

REGULATORY COMPLIANCE
Customer acknowledges this Agreement is subject to all applicable federal, state and local laws, and regulations, rulings, orders, and other actions of governmental agencies ("Rules"), including, but not limited to: the Communications Act of 1934 as amended by the Telecommunications Act of 1996, the rules and regulations of the Federal Communications Commission ("FCC"), and the obtaining and continuance of any required approvals, authorizations, or tariffs filed with the FCC or any other governmental agency. Globalcon.net will use its good faith reasonable efforts to obtain, retain, and maintain such approvals and authorizations. If any such Rule materially adversely affects the Products/Services or requires Globalcon.net to provide Products/Services other than in accordance with the material terms of this Agreement, either party may, without liability to the other party, terminate the affected Products/Services upon thirty (30) days prior written notice to the other party. In the event of any conflict between any provision of this Agreement and any provision of an applicable tariff, the provision of such tariff will control.

SEVERABILITY
If any provision of this Agreement is held by a court to be invalid, void or unenforceable, the remainder of this Agreement shall remain unimpaired and in full force and effect. In addition, in the event that any provision (or portion thereof) of this Agreement is determined by a court to be unenforceable as drafted by virtue of the scope, duration, extent, or character of any obligation contained therein, it is the parties' intention that such provision (or portion thereof) shall be construed in a manner designed to effectuate the purposes of such provision to the maximum extent enforceable under such applicable law.

FORCE MAJEURE
Globalcon.net nor its affiliates, subsidiaries, or contractors shall be liable for any delay, failure in performance, loss or damage, except for credits or money payments due, to the extent such delay or failure is caused by events beyond its reasonable control, including but not limited to, fire, flood, explosion, fiber cuts, failure of public utilities, unavailability of materials or rights-of-way, accident, war, strike, embargo, terrorist activities, supplier failures, shortages, breaches or delays, or Acts of God.

NO WAIVER
Failure by either party to take action to enforce compliance with any of the terms or conditions of this Agreement shall not constitute a waiver or relinquishment of such right. All waivers must be in writing. Any such waiver shall constitute a waiver only with respect to the specific matter described in such writing and shall in no way impair the rights of the party granting such waiver in any other respect or at any other time.

CONFIDENTIALITY
If Globalcon.net and Customer have executed a Nondisclosure Agreement, Confidentiality Agreement, or similar agreement, the parties agree that the terms therein shall remain in full effect throughout the Term of this Agreement and shall be incorporated herein by reference. Notwithstanding the foregoing, Customer and Globalcon.net agree to maintain in strict confidence all plans, designs, drawings, trade secrets, and other proprietary information of the other party disclosed under this Agreement. No obligation of confidentiality shall apply to disclosed information that the recipient: (a) already possesses without obligation of confidentiality; (b) develops independently; or (c) rightfully receives without obligation or confidentiality from a third party. The parties' obligations under this section shall survive expiration or termination of this Agreement.

RELATIONSHIP OF THE PARTIES
The relationship between the parties shall be that of independent contractors and not of principle and agent, employer and employee, franchiser and franchisee, partners or joint ventures. This Agreement does not establish Customer as a dealer, distributor or franchisee of Globalcon.net, and no fee is being paid to Globalcon.net to enter into this Agreement.

NOTICES
All notices shall be in writing, sent to the address set forth below, and will be deemed given when: (a) delivered to the recipient by certified U.S. Mail or overnight courier service with proof of delivery; (b) hand delivered to the recipient; or (c) delivered by facsimile or email to the recipient.

PUBLICITY
No public statements or announcements relating to this Agreement shall be issued by either party without the prior written consent of the other party.

ENTIRE AGREEMENT
This Agreement, together with any Attachments and Service Orders hereto (which are incorporated herein and made an integral part hereof), constitute the entire agreement between the parties with respect to the Products/Services, and supersede all prior agreements, proposals, representations, statements or understandings, whether written or oral, concerning the Products/Services or the parties' rights or obligations relating to the Products/Services, and may not be amended, supplemented or discharged except by an instrument in writing signed by each of the parties. Any prior representations, promises, inducements or statements of intent regarding the Products/Services that are not embodied in this Agreement are of no effect. In the event of a conflict between the terms of this Agreement, any Attachment, and/or any Service Order, the Service Order(s) shall take precedence over the Attachment(s) and the Agreement, and the Attachment(s) shall take precedence over the Agreement.