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.
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:
We reserve the right to block the offending server's
outgoing email ports or suspend the service under Globalcon.net's discretion
to protect other customers without prior notice. Globalcon.net also reserves
the right to terminate service without prior notice of any customers that
explicitely conduct spamming from their account. All accounts cancelled due to
spamming will be billed a recovery and cleaning fee of $500 (US dollar). Security deposit maybe required.
- 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 'email@example.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 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.
If you have any complaints or comment regarding spam on Globalcon.net
network, please report it to firstname.lastname@example.org.
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.
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.
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.
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.
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
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.
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.
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.
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
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.
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.
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.
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.
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
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.
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.
No public statements or announcements relating to this Agreement
shall be issued by either party without the prior written
consent of the other party.
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.