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Global VIP ("The Company") agrees to furnish services to
"the Subscriber," subject to the following TOS (Terms of
Service).
Use of the Global VIP Service constitutes acceptance and agreement
to Global VIP AUP (Acceptable Use Policy) as well as Global VIP TOS
(Terms of Service).
All provisions of this contract are subject to the TOS (Terms of
Service) of Global VIP and AUP (Acceptable Use Policy). The AUP may
be changed from time to time at the discretion of the Company.
Subscriber understands that change to the AUP by the Company shall
not be grounds for early contract termination or non-payment.
This agreement shall be construed in all respects in accordance with
the laws of El Salvador, applicable to contracts enforceable there.
Venue will be El Salvador.
Disclosure to Law Enforcement: The AUP specifically prohibits the
use of our service for illegal activities. Therefore, Subscriber
agrees that the Company may disclose any and all subscriber
information including assigned IP numbers, account history, account
use, etc. to any law enforcement agent who makes a written request
without further consent or notification to the Subscriber. In
addition Global VIP shall have the right to terminate all service
set forth in this Agreement.
Adult hosting is allowed, but warez and child pornography will not
be tolerated! Anything that is legal can be hosted, anything that is
illegal will NOT be hosted.
Payments and Fees: Service will be interrupted on accounts that
reach 5 days past due. Service interrupted for nonpayment is subject
to a $10.00USD reconnect charge (individual hosting accounts).
Dedicated servers that are suspended are subject to a $100.00USD
reconnection fee. Accounts not paid by due date are subject to a
$10.00USD late fee. Accounts that are not collectable by Global VIP
may be turned over to an outside collection agency for collection.
If your account is turned over for collection, you agree to pay the
company a "Processing and Collection" Fee of not less than
$50.00USD nor more than $150.00USD. If you desire to cancel your
account, please follow the proper procedure to do this as outlined
in this TOS.
Failure to Pay: The Company may temporarily deny service or
terminate this Agreement upon the failure of Subscriber to pay
charges when due. Such termination or denial will not relieve
Subscriber of responsibility for the payment of all accrued charges,
plus reasonable interest and any collection fees.
Account Cancellation: All requests for canceling accounts must be
made within at least 30 days notice. Notice must be sent to Global
VIP. You must have all account information to cancel.
Subscriber acknowledges that the service provided is of such a
nature that service can be interrupted for many reasons other than
the negligence of the company and that damages resulting from any
interruption of service are difficult to ascertain. Therefore,
subscriber agrees that the company shall not be liable for any
damages arising from such causes beyond the direct and exclusive
control of the company. Subscriber further acknowledges that the
company's liability for its own negligence may not in any event
exceed an amount equivalent to charges payable by subscriber for
services during the period damages occurred. In no event shall the
company be liable for any special or consequential damages, loss or
injury.
New Domain Accounts: All new webhosting accounts involving new
domains will be set up and entered asap into our DNS servers. Due to
unforeseen complications, however, this process may sometimes
require more than 1 business day.
Transfer of Domains: If you select transfer domain it DOES NOT mean
you will switch from your current registrar to ours. It means you
will be using a domain you have registered elswhere and will
transfer the hosting services. You will keep the domain where you
registered it unless you give us permission to move the domain
registration to us. In that case, please send an email to us
SPAM and Unsolicited Commercial E-mail (UCE): Global VIP takes a
zero tolerance approach to the sending of Unsolicited Commercial
E-mail (UCE) or SPAM over our network. Very simply this means that
customers of Global VIP may not use or permit others to use our
network to transact in UCE. Customers of Global VIPmay not host, or
permit hosting of, sites or information that is advertised by UCE
from other networks. Violations of this policy carry severe
penalties, including termination of service.
Violation of Global VIP SPAM policy will result in severe penalties.
Upon notification of an alleged violation of our SPAM policy, Global
VIPwill initiate an immediate investigation (within 48 hours of
notification). During the investigation, Global VIP may restrict
customer access to the network to prevent further violations. If a
customer is found to be in violation of our SPAM policy, Global
VIPmay, at its sole discretion, restrict, suspend or terminate
customer's account. Further, Global VIP reserves the right to pursue
civil remedies for any costs associated with the investigation of a
substantiated policy violation. Global VIP will notify law
enforcement officials if the violation is believed to be a criminal
offense.
First violations of this policy will result in an
"Administrative Fee" of $50 and your account will be
reviewed for possible immediate termination. A second violation will
result in an "Administrative Fee" of $100 and immediate
termination of your account. Users who violate this policy agree
that in addition to these "Administrative" penalties, they
will pay "Research Fees" not to exceed $75 per hour that
Global VIP personnel must spend to investigate the matter. PLEASE,
DO NOT SPAM from your account.
As our customers are ultimately responsible for the actions of their
clients over the Global VIP network, it is advisable that Customers
develop a similar, or stricter, policy for their clients.
IP Address Ownership: If Global VIP assigns Customer an Internet
Protocol address for Customer's use, the right to use that Internet
Protocol address shall belong only to Global VIP, and Customer shall
have no right to use that Internet Protocol address except as
permitted by Global VIP in its sole discretion in connection with
the Services, during the term of this Agreement. Global VIP shall
maintain and control ownership of all Internet Protocol numbers and
addresses that may be assigned to Customer by Global VIP, and Global
VIP reserves the right to change or remove any and all such Internet
Protocol numbers and addresses, in its sole and absolute discretion.
Our allocation of IP addresses is limited by ARIN's new policies.
These new policies state that use of IP addresses for IP based
virtual hosts will not be accepted as justification for new IP
addresses. What this means to you is that you MUST use name-based
hosting where possible. We will periodically review IP address usage,
and if we find that clients are using IP addresses where name-based
hosting could be used, we will revoke authorization to use those IP
addresses that could be used with name-based hosting.
Bandwidth and Disk Usage: Customer agrees that bandwidth and disk
usage shall not exceed the number of megabytes per month for the
Services ordered by Customer on the Order Form. Global VIP will
monitor Customer's bandwidth and disk usage. Global VIP shall have
the right to take corrective action if Customer's bandwidth or disk
usage exceeds the Agreed Usage. Such corrective action may include
the assessment of additional charges, disconnection or
discontinuance of any and all Services, or termination of this
Agreement, which actions may be taken is in Global VIP sole and
absolute discretion. If Global VIP takes any corrective action under
this section, Customer shall not be entitled to a refund of any fees
paid in advance prior to such action. In the event that a customer
exceeds the included allocation, Global VIP may, at its sole
discretion, collect a deposit, in an amount determined by Global
VIP, against customer's credit card on file with Global VIP.
System and Network Security: Users are prohibited from violating or
attempting to violate the security of the Global VIP Network.
Violations of system or network security may result in civil or
criminal liability. Global VIP will investigate occurrences, which
may involve such violations and may involve, and cooperate with, law
enforcement authorities in prosecuting Users who are involved in
such violations. These violations include, without limitation:
Accessing data not intended for such User or logging into a server
or account, which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or
network or to breach security or authentication measures without
proper authorization.
Attempting to interfere with service to any user, host or network,
including, without limitation, via means of overloading, "flooding",
"mail bombing" or "crashing".
Forging any TCP/IP packet header or any part of the header
information in any e-mail or forum posting.
Taking any action in order to obtain services to which such User is
not entitled.
Attempting to couple many hosting packages together to take
advantage of massive space or bandwidth allocations. Each hosting
package purchased is unique to a domain name and use - please do not
purchase multiple "plan 1's" for instance to get the
combined bandwidth & space. Global VIP will stop such
transactions and label them as deceptive. We have an upgrade path
for all services and we can often times work out special deals for
users if they ask us for the assistance.
Suspension of Service or Cancellation: You are not allowed to run
ANY servers or services using shell on the Global VIP network.
Servers are defined as perlbots, proxies, BitchX, psyBnc, root
exploits, DDos scripts, shoutcast servers, etc. Running any of these
will face in immediate suspension, and users will be subject to a
fine no less than 25.00, and no more than 100.00, pending further
investigation. Global VIP reserves the right to terminate an account
for these activities also.
Global VIP reserves the right to suspend network access to any
customer if in the judgment of the Global VIP network administrators
the customer's server is the source or target of the violation of
any of the other terms of the AUP or for any other reason which
Global VIP chooses. If inappropriate activity is detected, all
accounts of the Customer in question will be deactivated until an
investigation is complete. Prior notification to the Customer is not
assured. In extreme cases, law enforcement will be contacted
regarding the activity. The customer will not be credited for the
time the customer's machines were suspended. If at any given time a
domain is using more then 10% CPU memory, the client will be asked
to be moved to a semi-dedicated server at a small monthly fee. This
will benefit everyone as we like to maintain server performance to a
maximum. If the client chooses not to be moved, 50% of the money is
refundable to cover expenses for creating account and removing it.
Miscellaneous Provisions: You must provide us with, and keep current,
good contact information for you. E-mail, fax, and telephone
contacts are used, in that order of preference.
A waiver by the company of any breach of any provision of this
Agreement by Subscriber shall not operate as or be construed as a
continuing or subsequent waiver thereof or as a waiver of any breach
of any other provision thereof.
Subscriber shall not transfer or assign this Agreement without the
prior written consent of the Company. Company may assign Agreement
at anytime without consent from or notice to Subscriber. Company
reserves right to cancel customers rights under this contract at
anytime without further obligation.
Global VIP takes no responsibility for any material input by others
and not posted to the Global VIP Network by Global VIP. Global VIP
is not responsible for the content of any other websites linked to
the Global VIP Network; links are provided as Internet navigation
tools only. Global VIP disclaims any responsibility for any such
inappropriate use and any liability to any person or party for any
other person or party's violation of this policy.
Global VIP is not responsible for any damages your business may
suffer. Global VIP does not make implied or written warranties for
any of our services. Global VIP denies any warranty or
merchantability for a specific purpose. This includes loss of data
resulting from delays, non-deliveries, wrong delivery, and any and
all service interruptions caused by Global VIP.
AUP:.
Acceptable Use Policy
Users are not permitted to have any cgi shells, or php shells. This
includes FooArt, PhpShell, and such others as 'copytest'. Users with
these files are subject to having their account suspended, and a $20
fine.
Global VIP's Acceptable Use Policy ("AUP") is provided to
give our customers and users a clear understanding of what Global VIP
expects of them while using the service. All users of Global VIP's
Internet services: those who access some of our Services but do not
have accounts, as well as those who pay a service fee to subscribe
to the Services, must comply with this AUP and our TOS (Terms of
Service). Use of Global VIP Service constitutes acceptance and
agreement to Global VIP's AUP as well as Global VIP's TOS (Terms of
Service) IMPORTANT NOTICE: *All Payments To Global VIP
Communications Are Nonrefundable* We support the uncensored flow of
information and ideas over the Internet and do not actively monitor
subscriber activity under normal circumstances. Similarly, we do not
exercise editorial control over the content of any web site, e-mail
transmission, newsgroups, or other material created or accessible
over or through the services, except for certain proprietary Web
sites. However, in accordance with our TOS (Terms of Service), we
may remove any materials that, in our sole discretion, may be
illegal, may subject us to liability, or which may violate this AUP.
Global VIP may cooperate with legal authorities and/or third parties
in the investigation of any suspected or alleged crime or civil
wrongdoing. Your violation of this AUP may result in the suspension
or immediate termination of either your Global VIP account or other
actions as detailed in Section 3 WITHOUT PRIOR NOTICE. This document
is intended to provide a basic understand of Global VIP's Acceptable
Use Policy. The following are guidelines for the establishment and
enforcement of Global VIP's AUP: Ensure reliable service to our
customers Ensure security and privacy of our systems and network, as
well as the networks and systems of others Comply with existing laws
Maintain our reputation as a responsible service provider Encourage
responsible use of the Internet and discourage activities which
reduce the usability and value of Internet services Preserve the
value of Internet resources as a conduit for free expression and
exchange of information Preserve the privacy and security of
individual users Global VIP intends to provide its customers access
to everything the Internet has to offer. While Global VIP is firmly
committed to the principles of free speech, certain activities that
may be damaging to the resources of both Global VIP and the Internet
and cannot be permitted under the guise of free speech. The
resources of Global VIP and the Internet are limited, and abuse of
these resources by one user has a negative impact on the entire
community. We do not routinely monitor the activity of accounts
except for measurements of system utilization and the preparation of
billing records. However, in our efforts to promote good citizenship
within the Internet community, we will respond appropriately if we
become aware of inappropriate use of our service. You may not use
your dedicated server or virtual site to publish material, which Global VIP
determines, at its sole discretion, to be unlawful, indecent or
objectionable. For purposes of this policy, "material"
refers to all forms of communications including narrative
descriptions, graphics (including photographs, illustrations, images,
drawings, logos), executable programs, video recordings, and audio
recordings. If a Global VIP account is used to violate the
Acceptable Use Policy or our TOS, we reserve the right to terminate
your service without notice. We prefer to advise customers of
inappropriate behavior and any necessary corrective action, however,
flagrant violations of the Acceptable Use Policy will result in
immediate termination of service. Our failure to enforce this policy,
for whatever reason, shall not be construed as a waiver of our right
to do so at any time. As a member of our network community, you must
use your Internet access responsibly. If you have any questions
regarding this policy, please contact us. VIOLATIONS OF Global VIP
ACCEPTABLE USE POLICY The following constitute violations of this
AUP: Illegal use: Global VIP services may not be used for illegal
purposes, or in support of illegal activities. Global VIP reserves
the right to cooperate with legal authorities and/or injured third
parties in the investigation of any suspected crime or civil
wrongdoing. Harm to minors: Use of the Global VIP service to harm,
or attempt to harm, minors in any way, including, but not limited to
child pornography. Threats: Use of Global VIP service to transmit
any material (by e-mail, uploading, posting or otherwise) that
threatens or encourages bodily harm or destruction of property.
Harassment: Use of Global VIP service to transmit any material (by
e-mail, uploading, posting or otherwise) that harasses another.
Fraudulent activity: Use of Global VIP service to make fraudulent
offers to sell or buy products, items, or services, or to advance
any type of financial scam such as "pyramid schemes,"
"ponzi schemes," and "chain letters." Forgery or
impersonation: Adding, removing or modifying identifying network
header information in an effort to deceive or mislead is prohibited.
Attempting to impersonate any person by using forged headers or
other identifying information is prohibited. The use of anonymous
remailers or nicknames does not constitute impersonation.
Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use
of the Global VIP service to transmit any unsolicited commercial or
unsolicited bulk e-mail is expressly prohibited. Violations of this
type will result in the immediate termination of the offending Global VIP
account. E-mail / News Bombing: Malicious intent to impede another
person's use of electronic mail services or news will result in the
immediate termination of the offending Global VIP account. E-mail /
Message Forging: Forging any message header, in part or whole, of
any electronic transmission, originating or passing through the Global VIP
service is in violation of this AUP. Unauthorized access: Use of the
Global VIP service to access, or to attempt to access, the accounts
of others, or to penetrate, or attempt to penetrate, security
measures of Global VIP or another entity's computer software or
hardware, electronic communications system, or telecommunications
system, whether or not the intrusion results in the corruption or
loss of data, is expressly prohibited and the offending Global VIP
account is subject to immediate termination. Copyright or trademark
infringement: Use of the Global VIP service to transmit any material
(by e-mail, uploading, posting or otherwise) that infringes any
copyright, trademark, patent, trade secret or other proprietary
rights of any third party, including, but not limited to, the
unauthorized copying of copyrighted material, the digitization and
distribution of photographs from magazines, books, or other
copyrighted sources, and the unauthorized transmittal of copyrighted
software. Collection of personal data: Use of the Global VIP service
to collect, or attempt to collect, personal information about third
parties without their knowledge or consent. Network disruptions and
unfriendly activity: Use of the Global VIP service for any activity
which affects the ability of other people or systems to use Global VIP
Services or the Internet. This includes "denial of service"
(DOS) attacks against another network host or individual user.
Interference with or disruption of other network users, services or
equipment is prohibited. It is the Member's responsibility to ensure
that their network is configured in a secure manner. A Subscriber
may not, through action or inaction, allow others to use their
network for illegal or inappropriate actions. A Subscriber may not
permit their network, through action or inaction, to be configured
in such a way that gives a third party the capability to use their
network in an illegal or inappropriate manner. Unauthorized entry
and/or use of another company and/or individual's computer system
will result in immediate account termination. Global VIP will not
tolerate any subscriber attempting to access the accounts of others,
or penetrate security measures of other systems, whether or not the
intrusion results in corruption or loss of data. Fraud: Involves a
knowing misrepresentation or misleading statement, writing or
activity made with the intent that the person receiving it will act
upon it. Infringement of Copyright, Patent, Trademark, Trade Secret,
or Intellectual Property Right: Distribution and/or posting of
copyrighted or the aforementioned infringements will not be
tolerated. Distribution of Viruses: Intentional distributions of
software that attempts to and/or causes damage, harassment, or
annoyance to persons, data, and/or computer systems are prohibited.
Such an offense will result in the immediate termination of the
offending account. Inappropriate Use of Software: Use of software or
any device that would facilitate a continued connection, i.e.
pinging, while using Global VIP services could result in suspension
service. Third Party Accountability: Global VIP subscribers will be
held responsible and accountable for any activity by third parties,
using their account, that violates guidelines created within the
Acceptable Use Policy. Security You are responsible for any misuse
of your account, even if the inappropriate activity was committed by
a friend, family member, guest or employee. Therefore, you must take
steps to ensure that others do not gain unauthorized access to your
account. In addition, you may not use your account to breach
security of another account or attempt to gain unauthorized access
to another network or server. Your password provides access to your
account. It is your responsibility to keep your password secure.
Sharing your password and account access with unauthorized users is
prohibited. You should take care to prevent others from using your
account since you will be held responsible for such use. Attempting
to obtain another user's account password is strictly prohibited,
and may result in termination of service. You must adopt adequate
security measures to prevent or minimize unauthorized use of your
account. You may not attempt to circumvent user authentication or
security of any host, network or account. This includes, but is not
limited to, accessing data not intended for you, logging into or
making use of a server or account you are not expressly authorized
to access, or probing the security of other networks. Use or
distribution of tools designed for compromising security is
prohibited. Examples of these tools include, but are not limited to,
password guessing programs, cracking tools or network probing tools.
You may not attempt to interfere with service to any user, host or
network ("denial of service attacks"). This includes, but
is not limited to, "flooding" of networks, deliberate
attempts to overload a service, and attempts to "crash" a
host. Users who violate systems or network security may incur
criminal or civil liability. Global VIP will cooperate fully with
investigations of violations of systems or network security at other
sites, including cooperating with law enforcement authorities in the
investigation of suspected criminal violations. Network Performance Global VIP
accounts operate on shared resources. Excessive use or abuse of
these shared network resources by one customer may have a negative
impact on all other customers. Misuse of network resources in a
manner which impairs network performance is prohibited by this
policy and may result in termination of your account. You are not
allowed to run ANY IRC servers or abusive services using shell on
the Global VIP network. This includes any IRC bots, scripts, servers,
etc. Servers are defined as eggdrop servers, perlbots, VOIP
applications, proxies, BitchX, psyBnc, root exploits, DDos scripts,
shoutcast servers, etc. Running any of these will face in immediate
suspension, and users will be subject to a fine no less than 25.00,
and no more than 100.00, pending further investigation. Also having
any type of 'proxy' including nph-proxy 'Cgi-Proxy' or proxy scripts
in your directory subjects you to a 50.00 fine. Global VIP reserves
the right to terminate an account for these activities also. You are
prohibited from excessive consumption of resources, including CPU
time, memory, disk space and session time. You may not use
resource-intensive programs which negatively impact other customers
or the performances of Global VIP systems or networks. Global VIP
reserves the right to terminate or limit such activities. REPORTING
VIOLATIONS OF Global VIP AUP Global VIP requests that anyone who
believes that there is a violation of this AUP direct the
information to Global VIP. If available, please provide the
following information: The IP address used to commit the alleged
violation The date and time of the alleged violation, including the
time zone or offset from GMT Evidence of the alleged violation
E-mail with full header information provides all of the above, as do
system log files. Other situations will require different methods of
providing the above information. Global VIP may take any one or more
of the following actions in response to complaints: Issue written or
verbal warnings Suspend the Member's forum posting privileges
Suspend the Member's account Terminate the Member's account Bill the
Member for administrative costs and/or re-activation charges Bring
legal action to enjoin violations and/or to collect damages, if any,
cause by violations REVISIONS TO THIS ACCEPTABLE USE POLICY Global VIP
reserves the right to revise, amend, or modify this AUP, our TOS
(Terms of Service) and our other policies and agreements at any time
and in any manner. Notice of any revision, amendment, or
modification will be posted in accordance with our TOS (Terms of
Service)
Responsibility for Content: You, as Global VIP customer, are solely
responsible for the content stored on and served by your Global VIP
server.
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