Terms of Service

Globhosting's provision of service to Subscriber, and Subscriber’s acceptance and use of said service, constitute Subscriber’s acceptance of, and agreement to, this TOS Agreement as well as Subscriber’s acceptance of, and agreement to, Globhosting's Acceptable Use Policy ("Globhosting'S AUP") -- which is herewith made a part of this TOS Agreement. This TOS Agreement, including Globhosting'S AUP, constitutes the entire agreement between the parties, and supersedes any prior agreements between the parties.

Globhosting reserves the right to cancel this TOS Agreement and to permanently disconnect the service that Globhosting provides to Subscriber hereunder at any time without further obligation. Subscriber may cancel this TOS Agreement and the service that Globhosting provides to Subscriber hereunder by requesting cancellation via the client area at least fourteen (14) days prior to Subscriber’s next monthly billing date. Globhosting will not honor notice of cancellation by any other means of communication. Subscriber must be current on all payments and must have all account information available at the time of such request for said requested cancellation to become effective. It is Subscriber’s responsibility to separately confirm that Globhosting has timely received notice of requested cancellation, and Subscriber must make arrangements to pick up any server computer that it owns for removal from Globhosting's facility.

Not by way of limitation of Globhosting's right to, at any time for any reason, cancel this TOS Agreement and permanently disconnect the service that Globhosting provides to Subscriber, Globhosting also reserves the right to temporarily disconnect (suspend) the service that Globhosting provides to Subscriber (or any one of them, if Subscriber has more than one account or server):

• For Subscriber’s failure to timely pay any fee or amount due to Globhosting, in which case Globhosting will first send Subscriber an email indicating that Subscriber’s account is overdue and advising Subscriber that the service that Globhosting provides to Subscriber may be terminated if payment is not made within 24 hours; and/or
• If Globhosting determines, in its sole judgment, that Subscriber is in violation of this TOS Agreement (which includes Globhosting's AUP), and Globhosting believes that Subscriber can timely and appropriately cure said violation. If, in Globhosting's sole discretion, a potential violation is detected, the service (including all services on all server computers of Subscriber, if Subscriber uses more than one) that Globhosting provides to Subscriber may be terminated, without notice to Subscriber, until Globhosting's investigation is complete, which investigation Globhosting shall attempt to complete within a reasonable time period.

Subscriber will not be credited, under any circumstances, for any time that the service that Globhosting provides to Subscriber is suspended, interrupted or terminated.

Globhosting is under no obligation to review Subscriber's and/or any of Subscriber’s Sub-User’s activities to determine if a violation of this TOS Agreement (which includes Globhosting's AUP) has occurred. Further, Globhosting does not assume any responsibility by virtue of this TOS Agreement (which includes Globhosting's AUP) to monitor, enforce or police Internet-related activities or to notify Subscriber of any actual or suspected violations.

Globhosting reserves the right to amend, and may amend, from time to time, within its sole discretion, the terms and conditions of this TOS Agreement (including Globhosting's AUP). Globhosting will provide notice of such amendment(s) by posting such amendment(s) on Globhosting's website, and Subscriber's use of Globhosting's services after Globhosting posts such amendment(s) on its website shall constitute Subscriber's acceptance of any/all such amendments. Amendment(s) shall not constitute grounds for Subscriber's early cancellation of this TOS Agreement or the service, nor grounds for Subscriber's non-payment for the service that Globhosting provides to Subscriber after the effective date of such amendment(s), and Subscriber shall continue to be bound by the terms and conditions of this TOS Agreement, as amended, for any service provided by Globhosting to Subscriber thereafter. It is Subscriber's responsibility to review, from time to time, this TOS Agreement (including Globhosting's AUP), as published on Globhosting's website, for any amendment(s).

Subscriber may not transfer or assign this TOS Agreement without the prior written consent of Globhosting. Globhosting may transfer and assign this TOS Agreement, the Service and all of Globhosting's rights, titles and interests thereunder at any time without consent from or notice to Subscriber.

Waiver by Globhosting of Subscriber’s breach of any term or condition of this TOS Agreement (including Globhosting's AUP) shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other term or condition of this TOS Agreement (including Globhosting's AUP).

Inasmuch as the service that Globhosting provides to Subscriber is controlled and operated by Globhosting from its facilities in the United States, Subscriber shall comply with all U.S. local, state, federal and national laws, statutes, ordinances and regulations that apply to Subscriber’s use of the service that Globhosting provides to Subscriber, as well as with all laws in all other jurisdictions that apply to Subscriber’s use of the service that Globhosting provides to Subscriber.

This TOS Agreement shall be construed in all respects in accordance with the laws of the state of Illinois applicable to contracts enforceable in that state. By entering into this TOS Agreement and accepting and using Globhosting's services hereunder, Subscriber submits to jurisdiction and venue in the courts of Cook County, Illinois, for any dispute(s) related to or rising out of this TOS Agreement. Notwithstanding any contrary provision of law, any claim or cause of action arising out of this TOS Agreement and/or related to the service that Globhosting provides, or is to provide, to Subscriber must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Subscriber Shall Defend and Indemnify Globhosting: Subscriber shall fully defend, indemnify, pay and hold harmless Globhosting and its managers, members, employees, affiliates, attorneys, agents, contractors and licensors for any Subscriber violation(s) of this TOS Agreement (which includes Globhosting's AUP) and for any violation(s) by a sub-subscriber of, client of, customer of, reseller of, user of, sub-user of, or similar party related to, Subscriber, that results in any loss, damage, cost or expense to Globhosting or an Globhosting-related party, or in any claim made or threatened against Globhosting or an Globhosting-related party by any third-party. If Globhosting or an Globhosting-related party is sued (or if a suit is threatened against Globhosting or an Globhosting-related party) because of Subscriber's or a Subscriber’s Sub-User’s act or omission, Subscriber shall pay any and all damages awarded against Globhosting and any Globhosting-related party immediately upon such award (whether or not any appeal is available/taken), plus any and all of Globhosting's and any Globhosting-related party’s expenses and costs (including reasonable attorneys’ fees) related thereto;

Globhosting Not Liable: The service that Globhosting provides to, or is to provide to, Subscriber is provided on an “as is” and “as available” basis, and Subscriber’s use of said service is at Subscriber’s sole risk. In no case shall Globhosting or any of its managers, members, employees, affiliates, attorneys, agents, contractors or licensors be liable for any direct, indirect, incidental, punitive, exemplary, special or consequential damages, losses, costs or expenses, including, but not limited to, loss of profits, loss of data, loss or damage to goodwill, or loss of use of data or other intangible losses, or for any claim(s) related thereto, even if said party has been advised of the possibility of such damages, losses, costs, expenses or claims, arising from or related to: Subscriber’s or Subscriber’s Sub-Users’ use or inability to use the service (whether from Service Faults or otherwise) that Globhosting provides to, or is to provide to, Subscriber; Any destruction, damage, taking, unavailability or other loss of Subscriber’s or any Subscriber’s Sub-User’s system, server or data; The cost to procure any substitute service; Any unauthorized access or use of Subscriber’s account; or Any third party conduct or other matter relating to the service.

Content Responsibility: Globhosting takes no responsibility or accountability for, and Subscriber is entirely responsible and accountable for, any and all Subscriber and third-party data, information and content transmitted by (via email, uploading, posting or otherwise), stored on, inputted to/through, linked to/through and/or served by, Subscriber’s server computer (or any server computer internally assigned to Subscriber) at Globhosting's premises and/or using the service that Globhosting provides to Subscriber;

Subscriber’s Responsibility to Enforce: It is Subscriber’s responsibility to ensure that Subscriber and all of Subscriber’s Sub-Users continuously adhere to the terms and conditions contained in this TOS Agreement (including Globhosting's AUP), and Subscriber is, and will be held, responsible for Subscriber’s acts and omissions and for the acts and omissions of Subscriber’s Sub-Users related thereto. It is in Subscriber’s best interest to implement a similar policy of acceptable use and compliance among Subscriber’s Sub-Users;

Subscriber’s Network / Security: Subscriber is solely responsible for ensuring that its network and the network(s) of Subscriber’s Sub-User(s) are configured in a secure manner. Subscriber is solely responsible for any intrusions into, or security breaches of, any of its server computers, networks or systems. Subscriber is solely responsible and accountable for, and Globhosting shall not be responsible or accountable for, any/all activities that occur on or through Subscriber’s service computers, networks and systems, including any and all acts or omissions by, or attributable to, any third party, using the service that Globhosting provides to Subscriber;

Subscriber’s Responsibility to Backup System/Data – Deletion of System/Data: Globhosting is not responsible for, and Subscriber is solely responsible for, backing up Subscriber’s system/data, including any/all system/data of any Subscriber’s Sub-User, related to Subscriber’s server computer (or any server computer internally assigned to Subscriber) at Globhosting's premises and/or to the service that Globhosting provides to Subscriber. Any server computer owned by Subscriber on Globhosting's premises or otherwise under Globhosting's possession or control will be considered abandoned and forfeited thirty (30) days after cancellation of this TOS Agreement for non-payment, at which time, Globhosting will delete any and all Subscriber and Subscriber’s Sub-User system/data. For any server computer not owned by Subscriber but that is or may be internally assigned to Subscriber, Globhosting will delete any and all Subscriber and Subscriber’s Sub-User system/data immediately upon cancellation of this TOS Agreement for non-payment;

Subscriber’s Responsibility To Insure: Globhosting is not responsible for, and Subscriber is solely responsible for, fully insuring Subscriber’s and Subscriber’s Sub-Users’ system/data against destruction, damage, taking, unavailability or other loss, and Globhosting is not responsible for, and Subscriber is solely responsible for, fully insuring any/all server computers, components and equipment owned or controlled by Subscriber against loss and damage during shipment, handling, placement and use, whether said server computer/equipment is in Globhosting's possession or control or otherwise;

Subscriber’s Responsibility For Server/Equipment: Subscriber is solely responsible for packaging and removing from Globhosting's premises/control any/all servers and equipment owned or controlled by Subscriber. Subscriber shall pay Globhosting a $20.00 handling fee plus all shipping costs per package for any server/equipment which is shipped. The Subscriber is responsible for insuring any/all shipments. Any server or equipment not removed within 30 days after cancellation of this TOS Agreement for any reason will be considered abandoned and forfeited.

Subscriber shall provide Globhosting with, and shall update Globhosting immediately upon any change(s) with, accurate, current and complete contact information (including email, fax, telephone and street address contacts) so that Globhosting may register Subscriber, charge payments to Subscriber and otherwise contact Subscriber as may be required from time to time in the course of this TOS Agreement. In addition, Subscriber agrees to provide photo identification to Globhosting prior to Subscriber’s preliminary visit, if any, to Globhosting's data center.

If Subscriber is an individual, Subscriber must be eighteen (18) years of age or older in order to enter into this TOS Agreement to subscribe to the service that Globhosting provides to Subscriber, and Subscriber herewith assures Globhosting that Subscriber meets said age requirement. If Subscriber is an entity, Subscriber herewith assures Globhosting that it has all the legal authority necessary to enter into this TOS Agreement to subscribe to the service Globhosting provides to Subscriber.

Service Rates: The nature of the service that Globhosting provides to Subscriber, and the rates and fees thereof, have been communicated to Subscriber by Globhosting. Globhosting may amend its rates and fees from time to time, at Globhosting's discretion, by posting said change(s) on Globhosting's website, which rate change shall become effective as outlined in said posting;

Payment: Globhosting may charge Subscriber a one-time, pre-agreed set-up fee before Globhosting establishes any service for Subscriber. Subscriber shall thereafter pay, on each monthly anniversary date thereafter, an ongoing service charge in advance for Globhosting's continued provision of the service that Globhosting provides to Subscriber. Subscriber agrees that Globhosting may automatically charge Subscriber’s credit card each month, and may process Subscriber’s payment as early as five (5) days before the due date, to ensure that Globhosting receives payment on or before the due date;

Invoicing: Globhosting does not send out invoices automatically. If Subscriber requires an invoice he may log into his account and obtain an invoice.

Refunds and Disputes: All payments made to Globhosting by Subscriber or on Subscriber’s behalf are nonrefundable – including the one-time set-up fee, if any, as well as any/all subsequent monthly charges (regardless of usage). Overcharges or billing disputes must be reported to Globhosting within thirty (30) days of occurrence, otherwise Subscriber shall have waived all claims related thereto. If Subscriber disputes a charge to its credit card issuer, which charge Globhosting deems, in its sole discretion, to be valid under the terms and conditions of this TOS Agreement, Subscriber shall pay Globhosting, in addition to said disputed charge, an Administrative Fee of not less than $50.00 and not more than $150.00;

Payment Declination/Rejection Charge: Should Subscriber’s credit card or any payment be declined or rejected for any reason, Globhosting may charge Subscriber a $15.00 administrative fee per occurrence;

Additional Charges for Failure to Timely Pay: Without limiting Globhosting's right to, at any time for any reason, cancel this TOS Agreement and permanently disconnect the service that Globhosting provides to Subscriber, should Globhosting suspend the service that Globhosting provides to Subscriber because of Subscriber’s failure to timely pay any fee or amount due to Globhosting, Subscriber may be required to pay Globhosting, in addition to any fees and amounts due a $20.00 late fee.. Suspension of service does not relieve Subscriber of any responsibilities.

If Subscriber initiates a chargeback or payment dispute for any payment made to Globhosting, Subscriber shall be responsible for all costs and fees incurred by Globhosting as a result, including any administrative fees. Globhosting reserves the right to immediately suspend or terminate service in the event of a chargeback or payment dispute.

All notices required under this TOS Agreement shall be given by email to the contact email address provided by Subscriber or to [email protected]. Notices shall be deemed given when sent, regardless of receipt by Subscriber.

This TOS Agreement, including the Acceptable Use Policy, constitutes the entire agreement between Subscriber and Globhosting and supersedes all prior agreements, understandings, and representations. If any provision of this TOS Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.