Web Site Hosting Service Agreement

1. Globi Web Solutions's Service Agreement is intended to protect both the integrity and liability of Globi Web Solutions and the Customer. This Service Agreement will be enforced to ensure the speed, power, performance, and reliability of our services.

2. Globi Web Solutions (the "Service") provides web hosting to the Customer. The terms and conditions of this agreement and any rules and prices published on Globi Web Solutions's Web Site (http://www.globihosting.com) constitute the entire and only agreement (collectively, the "Service Agreement") between Globi Web Solutions and the Customer (hereby defined as one who has an account with Globi Web Solutions for the Service, including Customer's designated users with respect to the Service) and supersede all other communications and agreements with regard to the subject matter hereof.

3. Globi Web Solutions reserves the right to modify this Service Agreement or prices, and may discontinue or revise any or all aspects of the Service in its sole discretion without prior notice.

4. Customer agrees to indemnify Globi Web Solutions against any liability for any and all use of Customer's account. Furthermore, Customer agrees to indemnify and hold Globi Web Solutions harmless from any claims and expenses, including reasonable attorney's fees, related to Customer's violation of the Service Agreement or Customer's direct or indirect damage to another party.

5. Customer is responsible for and must provide all telephone and other equipment and services necessary to maintain customer's account remotely through FTP accounts.

6. Customer agrees that he/she is at least 18 years of age. If the customer is not at least 18 years of age, a parent or guardian's name must be put on the account and will be responsible for payment and Web Site content. If a minor (a person under the age of 18) obtains an account through Globi Web Solutions without parental approval, this agreement does not become void.

7. CUSTOMER EXPRESSLY AGREES THAT USE OF GLOBI WEB SOLUTIONS' SERVICE IS AT CUSTOMER'S SOLE RISK. NEITHER GLOBI WEB SOLUTIONS NOR ANY OF ITS INFORMATION PROVIDERS, LICENSERS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES GLOBI WEB SOLUTIONS OR ANY OF ITS INFORMATION PROVIDERS, LICENSERS, EMPLOYEES, OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS SERVICE AGREEMENT. NEITHER Globi Web Solutions NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER EXPRESSLY ACKNOWLEDGES THAT THE PROVISION OF THIS PARAGRAPH SHALL ALSO APPLY TO ALL THIRD PARTY CONTENT AND ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICE.

8. This Service Agreement is made in the Province of Alberta, and shall be governed by and construed in accordance with the laws of Canada. Any cause of action of customer or its designated users with respect to the Service Agreement must be instituted within six (6) months after the claim or cause of action has arisen or be barred.

Appropriate Use Policies

9. Globi Web Solutions's Service may only be used for lawful purposes. Transmission, distribution, or storage of any information, data, or material in violation of Canadian or International regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. Globi Web Solutions and it's Agents reserves the right to remove such illegal material from it's server immediately. Globi Web Solutions expressly forbids anyone from using Globi Web Solutions's servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which Globi Web Solutions deems to be objectionable. The designation of any materials as such described is left entirely to the discretion of Globi Web Solutions and it's Agents.

10. Globi Web Solutions does NOT allow sites that provide points of distribution, or 'links' to the following types of sites:

  1. Pirated Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost. ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) all fall under this jurisdiction.


  2. Hacking / Phreaking - Includes sites with material, links, or resources for Hacking, Phreaking, Viruses, Anarchy, or any type of site that promotes the destruction or compromises the integrity of Globi Web Solutions


  3. Adult Sites - Any erotic or pornographic material, links to adult sites, or advertisements for adult sites.

11. Copyrighted material must not be placed on Customer's account without the permission of the owner(s) or person(s) they specifically authorize. Only the owner(s) or such authorized person(s) may upload copyrighted material to the account.

12. Globi Web Solutions strictly prohibits e-mail harassment, whether through language, frequency, or size of messages. Forging of header information is not permitted. Globi Web Solutions does not allow unsolicited e-mail. This includes "Spamming" and "Bulk Mail" sent to persons who have otherwise not requested to receive such mail.

13a. Any Customer that uses a high amount of server resources (such as, but not limited to, CPU time and memory usage) will result in immediate account suspension. The Customer will then be requested to either reduce the resource use to an acceptable level or pay for the additional hardware or the resource needed to compensate. Globi Web Solutions and it's Agents shall be the sole arbiter of what is considered to be a high server usage level.

13b. Customer agrees that bandwidth and disk usage shall not exceed the maximum number of megabytes per month for the service plan subscribed by the customer ("Agreed Usage"). Any overage of customer's plan limits shall result in additional charges for additional disk space and/or bandwidth incurred and Customer will be required to pay such charges as they are incurred. Should plan limits be exceeded for a period of three consecutive months, Globi Web Solutions will change the Customer's plan to one more fitting of their usage.

14. Any Customer in violation of system or network security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, e-mail bombing, flooding deliberate attempts to overload a system and broadcast attacks. Forging of any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting.

15. Customer agrees not to publish on or over its account any information, software or other content which violates or infringes upon the rights of any others or which knowingly contravenes the laws of any jurisdiction in which such content is generally accessible.

16. Use of illegal or copyright material on any Web page or other distribution mechanism used in conjunction with the Customer's account, will result in termination of this Service Agreement. Illegal material is defined as any material not permitted under local, provincial, or federal laws. If "illegal material" was submitted by a client of the Customer without Customer's knowledge, this Service Agreement will remain in effect if the Customer removes the "illegal material."

Any use of Globi Web Solutions's systems that disrupts the normal use of the system for other Globi Web Solutions customers is considered to be abuse of Globi Web Solutions services and is grounds for termination of this Service Agreement. Some examples of abuse include (not limited to) spawning dozens of processes, consuming large amounts of memory or CPU cycles for long periods of time, attempting to access other Customers' account areas, or conducting provocative activities such as mass e-mailings (spam) which may result in retaliatory actions against Globi Web Solutions's systems.

17. Depending upon the nature and severity of any abuses, the Customer may receive an e-mail warning detailing the nature of the abuse. If the abuse of services is not terminated within one (1) day, a final e-mail will be sent to the customer formally requesting termination of the stated abuse. Customer then must terminate stated abuse within one (1) day, otherwise the Service Agreement will be terminated. Any reconnection of a terminated account will require a reconnection fee.

18. If, in Globi Web Solutions or it's Agents' sole discretion, the nature and severity of any abuses is severe enough, Globi Web Solutions or it's Agents may terminate the Service Agreement immediately without written notification prior to termination. This may also be subject to a reconnection fee, however Globi Web Solutions or it's Agents reserves the right to deny all future access upon termination.

19. Violation of any of Globi Web Solutions's rules and regulations could result in a warning, suspension, or possible account termination.

20. Globi Web Solutions and it's Agents reserve the right to suspend or cancel a Customer's (hereby defined as one who has an account with Globi Web Solutions) access to any or all services provided by Globi Web Solutions when Globi Web Solutions or it's Agents decide that the account has been inappropriately used.

Payment Policy

21. Globi Web Solutions's 30-day Money-back Guarantee does not apply for Dedicated Servers, Co-Located Servers, DSL Internet Access, Merchant Accounts, or any fees associated with these services.

22. Full payment is due each anniversary period following the date the account was established. The Setup fee and Monthly fee are due on the first anniversary date, and the monthly fee is due on every subsequent anniversary date. The Customer is responsible for all money owed on the account from the date it was established to the date it is terminated.

23. Requests for cancellation (termination of service) must be submitted in writing. The date of cancellation request will not be used as date of cancellation. A representative of Globi Web Solutions must confirm all cancellations prior to a cancellation date being set and followed through.

24. Customer shall pay the monthly fee, and any charge for additional services under the terms of this Service Agreement, within seven (7) days of invoice. Invoices and receipts will be sent to the Customer via e-mail. Customer may not withhold or "setoff" any amounts due hereunder. Globi Web Solutions and it's Agents retain the right to withhold service without prejudice until all amounts determined delinquent are paid in full. Any late payment shall be subject to any costs of collection (including but not limited to legal fees).

25. Accounts which are delinquent will be placed on "administrative hold" or suspension and may not be used or accessed. Any account that is delinquent for seven (7) days will have all files purged from all Globi Web Solutions servers. Customer's account will continue to accrue charges while on "administrative hold" or suspension.

26. Any Customer whose services are terminated or suspended will be asked to pay a reconnection fee to restart the account. Reconnection fee for suspended accounts is $100.00 (US Dollars).

27. For payment via Check or Money-Order, orders will be fulfilled within 1 business day upon receipt of payment. E-mail notification will be sent 10 days prior to payment due date. Checks returned unpaid (NSF) will be accessed a $50.00 service charge. Past due accounts that are not brought current within 15 days of the e-mail notice are subject to suspension and possible account termination.

28. There will be a $50.00 processing fee for each returned check.

Cancellation

29. Globi Web Solutions and it's Agents reserve the right to cancel service at any time for any reason. All fee paid in advance of cancellation will be pro-rated and paid by Globi Web Solutions if Globi Web Solutions institutes it's right of cancellation. If cancellation is caused by customers violation of these policies, then no refund will be disbursed.

30. Customer retains the right to cancel use of Globi Web Solutions's Service at any time through written or e-mailed (must be followed by a written request) notification. Requests for cancellation must be received at Globi Web Solutions's main office. All Globi Web Solutions accounts must be paid in full before the cancellation transaction will be considered complete.

31. All cancellation requests must include the following information to be valid; Primary Contact of the account, account name, reason for cancellation, and current account password. If payment was made by Check, Money-Order, or Bank Transfer, the Postal Code of the primary contact must also be included.

32. All accounts are cancelled at the end of the current billing period unless a date of cancellation is specified.

33. Refunds made by Globi Web Solutions for all payment systems (including Check, Money-Order, and Bank Transfer payments) will be fulfilled via check. Globi Web Solutions will recognize no other systems of reimbursement and reserves the right to do so.

Service Disclaimer

34. Globi Web Solutions acknowledges and agrees that in the course of dealings with Customer, it may acquire information about Customer, its business activities and operations, its technical information and trade secrets, of a highly confidential and proprietary nature. Globi Web Solutions agrees that title to all such information and related materials shall remain with the Customer. All applicable copyrights, trade secrets, patents and other intellectual and property rights in such information and related material are and remain in the property of the Customer.

35. Nothing contained herein shall be construed to place the parties (Customer and Globi Web Solutions) in a relationship of partners, agents or joint ventures. Neither party shall represent itself as the agent or legal representative of the other party for any purpose whatsoever and shall have no power to obligate or bind the other party in any manner whatsoever.

36. If any clause herein shall be found to contravene any law or ordinance in whole or in part, it shall be severed from the Agreement. The balance of the Agreement shall continue in full force and effect.

37. Each party (Customer and Globi Web Solutions) to this agreement represents that it has all necessary rights and authority to enter into the terms of the Agreement and is in compliance with all federal, provincial and local laws governing this transaction.

38. Globi Web Solutions is not responsible for files and data residing on Customer's account. Customer agrees to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on Globi Web Solutions servers. Globi Web Solutions's tape back-up system is in place primarily as a disaster recovery system in case of a server crash or some similar catastrophe and should not be relied upon as Customer's sole source of backup protection.

39. Globi Web Solutions is not responsible for any damages your business may suffer. Globi Web Solutions makes no warranties of any kind, expressed or implied for services we provide. Globi Web Solutions disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Globi Web Solutions and it's employees. Globi Web Solutions reserves the right to revise it's Service Agreement at any time without prior notification.