Terms and Conditions for Use of Services
last modified on 8/5/03

1)  This agreement is between Global Web Solutions, Inc. (GWS) and the Customer (as noted attached) to provide World Wide Web ("WWW") services to the Internet on GWS's server(s) via a permanent connection to the Internet backbone.

2)  All services will be billed within the first week of the perspective period. The amount of billing will be the amount shown in the TOTAL field on the invoice. Bills for partial periods will be prorated. Customer agrees to pay the bill amount in full by terms stated on invoice. If no term(s) are stated, then the term of "net 30 days" shall apply. Unless otherwise stated, all term services will be billed for that applicable term period and are to be paid in full as per above. All payments not received by the due date will be subject to a late fee of 1.5% (18% APR.).  Renewal periods will be invoiced approximately one month prior to the start date of the new term, with date due set no later than beginning of renewal term date.  In the event a credit card is used for the form of payment, the user's credit card will be automatically billed at the first day of each renewal term only if requested by Customer.  Payments received will be applied to the invoices noted for payment.  In the event no invoice is noted, payments will be applied first to any finance charges that may be outstanding, then to outstanding invoices, beginning with those outstanding the longest, working up to the most recent invoices.  A return check charge of $30 will be accessed for all returned checks.  In the event that legal collection services are retained to handle accounts that go unpaid, the customer will be subject to an additional 33% attorney fees, plus any court costs incurred.

3)  GWS reserves the right to change the pricing of its services and products at any time. All changes will be posted on our web site (www.globalweb.net) under the appropriate services web page. Customers who have made a full payment in advance for a period term will not be subject to price changes until the end of that term.

3b) GWS reserves the right to retain copyrights on the design of any Internet/Web based services and production it performs, including, but not limited to, web pages, web sites, program scripts or applications, until such services are paid for in full.  Any transfer of work designed/performed by GWS, which has not been paid for in full, to other servers or services will be deemed in violation of the applicable copyright laws and will be prosecuted to the fullest extent of the law.

4)  Either party may terminate this agreement with a written notice given to the other thirty (30) days prior to desired date of termination. There is no refund for prepaid terms.

If there remains an outstanding balance for design services as defined in 3b, or recurring fees for ongoing services, that amount(s) must be paid in full immediately prior to the termination notice being recognized as officially received.

5)  Customer agrees to provide all text and graphical information to be used within the web pages/site designed by GWS on CD/diskette or via e-mail transmission. All text is to be submitted in standard ASCII format and all graphics are to be submitted in .GIF or .JPG or .TIF format. Any conversions from other formats will result in additional charges.  If text is not provided in electronic ASCII format, then customer agrees to pay GWS for the required time to input/type this text ourselves at our standard HTML design rates.

6)  Unless otherwise noted and agreed upon in writing by GWS, Customer may use the web site account to represent only one named organization, company or party. Customer may not include material for, or sublease space for any other individual, business or organization.  In the case of dial-up Internet access, the Customer agrees that the account will be used by one individual, or in the case of a business department or group use (i.e.: a sales department) the account will be used on only one computer. Only one account log-in will be permitted concurrently at any one time.

6a) All hosting accounts have a data transfer (bandwidth usage) allowance.  It is the customer's responsibility to monitor this usage through the site statistical reporting features available to all hosting customers and to alert GWS if excessive usage is expected.  GWS may also check this usage periodically, and if applicable, bill for additional usage utilized for past periods, as well as adjust hosting plans accordingly for future billings to allow for increased usage requirements.

7)  All accounts include a specified number of e-mail accounts.  Please see the appropriate services section for details.

8)  GWS will provide the hardware and system administration necessary to provide full WWW access for its customer's web sites/pages, dedicated connectivity and dial-up access on a 24 hour / 7 day a week basis. GWS will do everything possible to keep our connection in operation, but from time to time, this connection may become disconnected due to equipment malfunctions, circumstances beyond our control, or for routine maintenance. In the event of routine maintenance work, GWS will perform such work between the hours of 12a.m. and 6a.m. whenever possible to minimize any inconveniences to the Customer. GWS will in no way be held liable for, including, but not limited to, a loss in Customer's sales, revenue, or profits due to a problem(s) with, including, but not limited to, the access connection to the WWW/Internet. In the event that such a problem prohibits Customer's access for more than four (4) consecutive hours at any time, or a monthly accumulative of 12 hours during a calendar month, Customer agrees that his only recourse will be a prorated credit given only for recurring monthly hosting and/or Internet access fees (dial-up or dedicated connectivity). All fees for other services (programming, graphics, scanning, marketing, Domain Name registration, Domain Name Services, etc) are considered as "one time service fees" and are not eligible for prorated credits.  Refunds will not be issued as long as Customer is an active Customer of Global Web Solutions, Inc.  A processing fee will apply if a refund of the credit is requested under these terms.

9)  GWS will provide each web site hosting Customer with a specific Universal Resource Locator (URL) address, determined by Customer, (i.e.: www.globalweb.net/yourname) for use by Customer to promote Customer's web site/page on any advertising mediums that Customer may currently, or plan to be, involved in. At Customer's request, GWS will register and/or setup a domain name association to our server (i.e.: www.yourname.com) provided that the domain name is legally registered for the Customer's web site and paid for by Customer. For Domain Names registered through the affiliated program with Domain People, the customer will be listed as owner of the Domain Name and GWS will be listed under all contact information.  For Domain Names Registered through any other Registrar, Customer will need to furnish to GWS the name of an authorized person appointed by the customer to be the Administrative Contact for the Domain for registration purposes. Customer understands that domain name registration can take up to three (3) days or more. During this time, GWS will provide a temporary name assignment to the Customer (i.e.: www.globalweb.net/yourname). If GWS has been instructed by Customer to provide registration services for a Domain Name, Customer agrees to pay GWS for the initial charge of registration and for any appropriate renewal fees set forth and billed by GWS to the Customer. Domain Name Service fees, including the Registrar fees, are not refundable should customer decide to terminate services.

10)  All hosting accounts include 24-hour access for customer to his account(s) on our server via File Transfer Protocol (FTP). All Internet access accounts will have 24 hour accessibility to the Internet/WWW via a dial-up connection. Long distance rates may apply to non-local customers using dial-up connection/accounts.

11) The description of "unlimited access" as used with the dial-up access accounts is not defined as dedicated access.  Unlimited access is defined as allowing you personally to access our service for as long and as much as needed as long as an individual is operating the computer.  The service is not intended to be utilized by an unattended computer for extended periods of time.  We do offer dedicated connections accounts for these needs. All standard dial-up accounts will be disconnected if the connection is inactive or idle for a preset amount of time, usually 15 minutes of idle time.  Programs meant to produce interval activity over the connection automatically, therefore enabling the connection to remain open, will in no way be tolerated.  GWS reserves the right to immediately cancel any account, without refund,  whose user is found to be using such programs or abusing this policy in any manner.   GWS also reserves the right to place a limit to the maximum amount of consecutive time any user may remain connected during any one session.  

12)  The allocated disk space and/or Internet access usage via our server provided to Customer can be used in any manner except which presents or implies that of a pornographic, slander or otherwise illegal nature. GWS reserves the right to review any material, at any time, provided by Customer for hosting on our server(s) for such compliance and if found not to be in said compliance, to terminate Customer's service until such compliance is met. Customer will not be eligible for a prorated refund of any kind for the time spent disconnected from the WWW while meeting this compliance.  For those utilizing Personal Web Space - in addition to the above, this space may contain material designated as personal use only.  No material relating to a business practice(s) or that which may pertain to income generating intentions will be allowed.

12b) Database functionality (1 ea. DSN)  on a web site will incur additional charges of $0/month per MS Access databases (1 ea. DSN already included in all hosting plans), or $20/month per SQL Databases.  Additional databases are $10 per Access database and $15 per SQL per month.

BULK / MASS EMAIL & SPAM POLICIES
13) E-mail service is provided for communication services from one individual to another individual or small group. Bulk or mass solicited email (defined as more than 50 emails sent within a 10 minute period or more than 100 emails sent within a 30 minute period) from a standard e-mail account is not permitted.  Specific programs designed to fool the mail server into allowing multiple small mailings at a time is not permitted.  Specific mailing list services are available to substantiate solicited mass mailings of this nature.

13b) GWS will, in no way, tolerate any SPAMMING of an electronic nature to be delivered through or originating within its network infrastructure.  SPAMMING is defined as the the act of sending, and the resultant receipt by individuals, of unsolicited e-mail messages.  Any customer found to be conducting such spamming practices will be subject to immediate cancellation of all account(s) (hosting and dial-up) with no refund, and will be prosecuted to the fullest extent of the law.  "By US Code Title 18 Section 1030(a)(5) outlines the maximum penalties for SPAM: $25,000 in fines/10 years incarceration or both. By US Code Title 47, Sec. 227 (a) (2) (B), a computer/modem/printer meets the definition of a telephone fax machine. By Sec. 227 (b) (1) (C), it is unlawful to send any unsolicited advertisement to such equipment. By Sec. 227 (b) (3) (C), a violation of the aforementioned section is punishable by action to recover actual monetary loss, or $ 500, whichever is greater, for each violation."  Customers who wish to operate and maintain  organizational based solicited mailing lists may do so through mailing-list services provided by GWS.  Certain restrictions still apply to mailing list mailings.

13c) Customers who participate in campaigns that involve the sending of unsolicited SPAM originating from within another ISP's network aimed at promoting the customer's website or services, etc. they may be serviced and/or located on the GWS network may incur a charge of $10.00 per instance of GWS having to engage in and /or reply to any email, phone calls or other correspondences from recipients of this unsolicited campaign by customer.  The Customer will be notified of such events via e-mail.  If the events continue, GWS retains the right to discontinue any/or all  services provided for Customer by GWS.  GWS will in no way be held liable for, including, but not limited to, any loss in Customer's sales, revenue, or profits due to this interruption in service(s).  Bottom Line - SPAM is not tolerated by GWS in any way.

SEARCH ENGINE SUBMISSIONS
14) Due to the inherent uniqueness of each search engine or listing, GWS cannot be held liable for final placement or ranking in search engines for sites that GWS submits.  Search engine submission is considered a one time service fee and payable in full at time of invoicing.

 

15)  These terms may be amended at any time as deemed necessary. Upon amendment, they will be posted on our website. A paper copy will be made available upon request by Customer.

16)  If any particular term(s) or condition(s) is found to be null and void under the laws of the Commonwealth of Virginia, only that term(s) or condition(s) will be deemed null and void and the remainder of the terms and conditions will remain intact and enforceable.

17) By subscribing to, making payment for, and/or using any of Global Web Solutions', Inc. Internet Solution Services (including, but not limited to, Internet access, web site hosting, creative services, Domain Services or dedicated connectivity services) you acknowledge that you have read, agree, and will abide by the terms and conditions, as set forth by Global Web Solutions, Inc..  In addition, you are aware that some information available on the Internet is unsuitable for minors. You also certify that you are 18 years of age or older. Failure to do so may result in the termination of this agreement.