Terms of Use

Last Modified 01/01/2006

All users of Globaleway's services, and all customers upon signing up for Globaleway's services, agree to comply with Globaleway's Terms of Use ("TOU"). The spirit of the TOU is to ensure customers are using Globaleway's services with due regard to the rights of other Internet users and in conformity with the requirements of Globaleway's network environment. The TOU are not exhaustive and Globaleway reserves the right to add, delete, or modify any provision of its TOU at any time without notice, effective upon either the posting of the modified TOU to www.Globaleway.com or notification of the modified TOU. Any complaints about a customer's violation of the TOU should be sent to abuse@Globaleway.com. The TOU supersedes any other agreement with Globaleway, whether written, oral, by conduct, or otherwise.

All Globaleway Customer Terms of Use

The following Terms of Use apply to ALL Globaleway customers:

Globaleway's services include, but are not limited to:

1. any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers' account (including all billing data and the space on the particular Web server that Globaleway provides to customers);
2. any use by customers, or any access provided to customers by Globaleway, of computing, telecommunications, software, information, hardware, and equipment;
3. any act, or provision of any service, by Globaleway to customers, related to Web hosting and domain name registrations (including server usage and technical support), regardless of duration and whether paid for or not;
4. any provision by Globaleway to customers, of any space, Internet connectivity, or electrical power;
5. any access or use related to the Globaleway's Web site, including the Web site itself;
6. any other service mentioned in the TOU;
7. any other service provided by Globaleway to customers, whether used or not;
8. any other Globaleway services that are used by customers, whether offered or provided by Globaleway to customers.

Ownership of Web Site
The legal owner of customers' Web sites and accounts with Globaleway will be the individual or organization whose name is listed in Globaleway's database as the owner. Customers will fully cooperate with and abide by any and all of Globaleway's security measures and procedures in the event of any dispute over ownership of customers' Web sites and accounts with Globaleway.

Disclaimer
The Globaleway service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Globaleway expressly disclaims any representation or warranty that the Globaleway service will be error-free, secure or uninterrupted. No oral advice or written information given by Globaleway, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Globaleway and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Illegal Use
Globaleway servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing Globaleway services, all Globaleway customers certify that they and/or the organization they represent in procuring services from Globaleway are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.

Spamming
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Globaleway's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a Globaleway server, and selling or distributing software (on a Web site residing on a Globaleway server) that facilitates spamming. Violators will be assessed a minimum fine of US$200 and will face immediate suspension. Globaleway reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

System and Network Abuse
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, 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 email or a newsgroup posting.

Viruses and Other Destructive Activities
Use of Globaleway's services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Globaleway's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.

Copyright Violations
The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All Globaleway customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a Globaleway customer (per the DMCA) to Globaleway must follow the below procedures. Copyright infringement notifications submitted to Globaleway according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at Globaleway's sole discretion.

DMCA Copyright Infringement Notification Requirements

a. Signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant").

b. Identification of the copyrighted work(s) claimed to have been infringed.

c. Identification of the material claimed to infringe the copyright(s), and enough information for Globaleway to locate it including URLs and specific descriptions of the infringing material at each URL.

d. The Claimant's name, address, and telephone number(s).

e. A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.

f. A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.

g. Mail the notification to:

Globaleway Corporation
Legal Department - DMCA Complaints
272 Mesquite Ridge LN
Henderson, NV 89012 USA

Adult Content
Pornography and sex-related merchandising are prohibited on Globaleway servers. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.

Child Pornography
The use of Globaleway's services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Globaleway is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.

Privacy
Globaleway is concerned with the privacy of on-line communications and Web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Globaleway urges its customers to assume that all of their on-line communications are insecure. Globaleway cannot take any responsibility for the security of information transmitted over Globaleway's facilities. Additional details on privacy and Globaleway's use of customer information can be found in Globaleway's Privacy Statement located here.

Customer Responsibility
Customers are required to use the Globaleway network responsibly. This includes respecting the other customers of Globaleway. Globaleway reserves the right to suspend and/or cancel service with any customer who uses the Globaleway network in such a way that adversely affects other Globaleway customers. While Globaleway may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Globaleway does not monitor its customers' communications or activities to determine whether they are in compliance with the TOU. However, when Globaleway becomes aware of any violation of the TOU or other user agreements, Globaleway may take any action to stop or correct such violation, including, but not limited to, denying access to Globaleway's services and equipment or to the Internet. In addition, Globaleway may take action against a customer or a customer of such customer because of the activities of such customer. Globaleway anticipates that customers who offer Internet services will cooperate with Globaleway in any corrective or preventive action that Globaleway deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Globaleway policy and Globaleway reserves the right to take any such action even though such action may affect other customers of the Globaleway customer.

Actions Taken by Globaleway
The failure by a customer to meet or follow any of the TOU is grounds for account deactivation. Globaleway will be the sole arbiter as to what constitutes a violation of the TOU. Globaleway reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When Globaleway becomes aware of an alleged violation of its TOU, Globaleway will initiate an investigation. During the investigation, Globaleway may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Globaleway may, at its sole discretion, restrict, suspend, or terminate a customer's Web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Globaleway will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. Globaleway does not issue credits for outages incurred through service disablement resulting from TOU violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Globaleway.

Indemnification
Globaleway customers agree to protect, defend, hold harmless, and indemnify Globaleway, any third party entity related to Globaleway (including, without limitation, third party vendors), and Globaleway's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as Globaleway, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of Globaleway's services.

Termination for Bankruptcy or Insolvency
If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, Globaleway may immediately terminate provision of Globaleway's services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against Globaleway in such event.

Modifications
Globaleway may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Globaleway's services. Certain changes to Globaleway's services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and Globaleway is not liable, for any and all such personalized applications and content, except as expressly agreed to by Globaleway.

Backup of Data
Except where Globaleway has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and Globaleway is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with Globaleway services.

Third Party Licenses
Globaleway makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively "Technologies"), part of which may be licensed, or co-branded, from or by, third party entities. However, Globaleway makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, Globaleway specifically disclaims all warranties of merchantability and and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold Globaleway liable in any way for the revocation of any license, which has been licensed to Globaleway. The use of the Technologies obtained from or through Globaleway, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.

Non-Globaleway Products
Any mention of non-Globaleway products by Globaleway, its employees, or any third party entity related to Globaleway is for information purposes only and does not constitute an endorsement or recommendation by Globaleway. Globaleway disclaims any and all liabilities for any representation or warranty made by the vendors of such non-Globaleway products or services.

Globaleway's Intellectual Property
Customers will not, without Globaleway's express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on Globaleway's Web site, and customers will not use any of Globaleway's trademarks, service marks, copyrighted materials, or other intellectual property without Globaleway's express written consent. Customers will not, in any way, misrepresent their relationship with Globaleway, attempt to pass themselves off as Globaleway, or claim that customers are Globaleway.

Assignment
Customers may not assign or delegate their rights or obligations under the TOU or other agreement for Globaleway's services, either in whole or in part, without the prior written consent of Globaleway.

Minimum Age Requirement
Globaleway customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the TOU in order for the Minor to become a Globaleway customer. A parent or guardian who accepts the TOU on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOU, including the timely and full payment of the charges for Globaleway services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains Globaleway's express written consent to the contrary. Any acceptance of the TOU or any other agreement for Globaleway's services will be deemed null and void to the extent that Globaleway will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of Globaleway's services.

Governing Law and Severability
The TOU, and any other agreement for Globaleway services, will be governed by and construed in accordance with the laws of the State of Washington, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and Globaleway will take place in Washington, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other Globaleway agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.

Force Majeure
Globaleway will not be liable for delays in its performance of the TOU or Globaleway services caused by circumstances beyond Globaleway's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). Globaleway will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.Waiver and AmendmentAny waiver, modification, or amendment of any provision of the TOU or other agreement for Globaleway services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of Globaleway.