This services agreement (the "Agreement") contains the terms and conditions which govern your subscription of web hosting, and any other services (the "Services") provided by Global Internet Solutions cc. As used in this agreement, "GLOBALIS" means Global Internet Solutions cc and "Client", "you", or "your" means you the subscriber. As referred to in this agreement, "Site" refers to a World Wide Web site and "GLOBALIS site" refers to the site located at the URL http://www.globalis.ro, or any other successor sites owned or maintained by GLOBALIS.
1. ACCEPTABLE USE POLICY.
GLOBALIS provides the services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such services.
Client Content. Client agrees that it will not distribute, electronically transmit or display any materials supplied by client - or through client by a third party - on any GLOBALIS server or via a GLOBALIS internet connection which may:
· violate any domestic or foreign laws or regulations;
· infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of GLOBALIS or any third party;
· are defamatory, slanderous or trade libelous;
· are threatening or harassing;
· are discriminatory based on gender, race, age or promotes hate
· violate any GLOBALIS policy posted on the GLOBALIS Site including, but not limited to, our Terms of Service.
· contain viruses or other computer programming defects which result in damage to GLOBALIS or any third party.
Bandwidth Overage. Client may only consume the amount of bandwidth allocated by the Service to which Client has subscribed. Additional fees will be levied at the appropriate overage charge for exceeding any bandwidth allowances. Although GLOBALIS does make every effort to prevent such overages, due to technical constraints it cannot be guaranteed that termination of Services will occur before overages take place. GLOBALIS provides methods for Client to view usages at any time and it is therefore the Client’s sole responsibility to manage its usage and terminate usage of Services before such overages take place.
Disk Space. Client may only use the amount of hard disk space on any GLOBALIS Server/Network that has been allocated to Client by the Services to which Client has subscribed. Additional fees will be charged for exceeding any hard disk space at the appropriate overage charge. Although GLOBALIS does make every effort to prevent such overages, due to technical constraints it cannot be guaranteed that termination of Services will occur before overages take place. GLOBALIS provides methods for Client to view usages at any time and it is therefore the Client’s sole responsibility to manage its usage and terminate usage of Services before such overages take place.
SPAM. Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client shall not engage in any unsolicited email practices at GLOBALIS that mentions or reference any domain hosted on GLOBALIS servers or parked on GLOBALIS DNS servers. Client’s accounts found to be involved in the distribution of spam will be terminated instantly and without notice.
Licensed Software Only. Client agrees to use only properly licensed third party software in connection with Client's use of the services.
Back-Up Files. GLOBALIS does not guarantee the existence, accuracy, or regularity of backup services and therefore Client is responsible for making of back-up files in connection with its use of the Services.
Termination. GLOBALIS reserves the right to refuse service to anyone. GLOBALIS, in its sole discretion, may immediately terminate this agreement if Client engages in any of the foregoing. A notice period of one calendar month applies to the cancellation of any Services unless otherwise stated by means of contractual agreement between both parties. Cancellation of Services must be performed by Client via the GLOBALIS Billing System to which Client is provided access on signing up.
Abuse. To report any unacceptable behavior of Services, please contact firstname.lastname@example.org
2. PAYMENT OBLIGATIONS
Service Fees. Payment for products and services provided under this agreement will be on the invoice issued by GlOBALIS in less than 5 days from the date of issue invoice. Each bill will include information about the period invoiced.
Non-Payment. GLOBALIS shall be entitled to immediately terminate services in the event of multiple Client’s failures to remit payment to GLOBALIS on time. In the event of a debit order being returned by Client's bank, GLOBALIS shall charge Client's account for any banking fees incurred.
Legal Policy. In the event of non-payment passing twenty days a letter of demand will be issued to Client by registered mail. Further legal action may also be taken against Client, all costs of which incurred will be charged to Client. The service Client’s will be restored to normally only after outstanding Service fees; including all legal fees, interest charges and banking fees are covered in full by Client.
Refund Policy. Certain services carry a set-up fee charged by GLOBALIS to Client that must be paid by Client in order to make use of the services; these fees are not refundable whatsoever. If Client terminates this agreement in accordance with Section 4 hereunder, Client shall be responsible for any outstanding fees owed to GLOBALIS and agrees to pay any and all fees incurred by Client. Because the services are provided on a monthly basis, Client will be responsible for service fees incurred each month regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate service on the 15th day of a particular billing cycle, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded. If Client has pre-paid GLOBALIS for such services, refunds will be issued for any unused full month portions of the services upon Clients request of cancellation. If Client chooses to register a domain name through GLOBALIS, Client acknowledges and agrees that Client will pay a registration fee to register the domain name with the applicable domain name registrar. GLOBALIS does not offer refunds for domain name registrations for any reason whatsoever, including misspelling of the domain name.
Billing Information. Client confirms that Client is legally permitted to provide GLOBALIS with banking account details and that Client is either the legal signatory of said account or is legally permitted to provide such details on behalf of said account holder for the collection of fees for Services rendered to Client.
3. CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in no event shall GLOBALIS be responsible to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this agreement. Client agrees to defend, indemnify and hold harmless GLOBALIS from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder. Client agrees that although GLOBALIS tries to ensure full operation of all services at all times, should any failure (hardware, software, or system breach) occur leading to loss of Client’s data stored on any GLOBALIS servers, GLOBALIS will not be held responsible for any loss, or damage of Client’s data, this also applies to any loss of internet connectivity due to any reason whatsoever.
4. TERM, TERMINATION & REINSTATEMENT
Subject to the terms and conditions hereof, this agreement shall be effective on the date you register for the services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this agreement upon notice to the other party. If Client is terminating this agreement, Client must provide one (1) full calendar month’s notice via the GLOBALIS Billing System. Sections 3 - 8 shall survive termination or expiration of this agreement.
Client will pay and indemnify and hold GLOBALIS harmless from any and all taxes associated with or arising from Client's use of the services, including any penalties and interest and any costs associated with the collection or withholding thereof.
6. DISCLAIMER OF WARRANTY
THE SERVICES, THE GLOBALIS SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE GLOBALIS SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. GLOBALIS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GLOBALIS SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL GLOBALIS BE RESPONSIBLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE GLOBALIS SITE OR ANY GLOBALIS PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER.
GLOBALIS shall not distribute Client’s information to any third party with the exception of its suppliers where such information is required in order to provide Services. All Client information is stored securely by GLOBALIS and is used to provide Client with Services, in the collection of fees for Services rendered and communication between GLOBALIS and Client. While GLOBALIS employs safety measures when interfacing with its customers, suppliers and other partners, Clients should be aware that there is a minimal inherent risk in transmitting any data electronically. This risk is inherent in all Internet dealings and Client agrees to defend, indemnify and hold harmless GLOBALIS from any and all expenses, losses, liabilities, damages or third party claims resulting from any external parties obtaining Client's stored information due to systems failure or otherwise.
If any of the provisions, or portions thereof, of this agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This agreement represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by GLOBALIS. Any waiver or any provision of this agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorney's fees. This agreement is made under and shall be governed by the laws of Romania. This agreement and GLOBALIS's policies are subject to change by GLOBALIS without notice. Continued usage of the services after a change to this agreement by GLOBALIS or after a new policy is implemented and posted on the GLOBALIS site constitutes your acceptance of such change or policy. We encourage you to regularly check the GLOBALIS site for any changes. This document is made publicly available via http://www.globalis.ro/privacy.html
10. The law governing the agreement
The rights and obligations of the parties, imposed by the herein agreement, as well as all the judicial effects which the herein agreement produces shall be interpreted and governed by the Romanian law in force. Any litigation which has as object the herein agreement shall be submitted to be solved to the Romanian law courts.