Terms of Service |
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Introduction This User Agreement (“Agreement”) governs and applies to your purchase and following use of any GloVine products or services (collectively known and called “Services”), ordered or committed to by you (“you” and/or “Customer”) on order forms (“Order Form”, ”Support tickets”) and provided by GloVine. The account setup with GloVine through which the Services will be administered is referred to as your “Package(s)”. This Agreement clarifies the terms of service and conditions that apply to your purchase and the use of the Package(s). Prior to the use of GloVine Services, or creation of an account with GloVine, you or the customer, must accept this Agreement by clicking/checking the Acceptance Checkbox at the end of this Agreement. This Agreement is written to explain the Agreement between You or Customer(s) and GloVine, to ensure that GloVine's customers are using these Services, in accordance to the law, as well as the safety and enjoyment of Internet users, as well as the stable network environment of GloVine and its Services. Acceptable Use You are required to use GloVine's Service(s) responsibly. This includes respecting the authority from staff at GloVine, as well as respecting the rights and environment of other users of GloVine's Services. Subject to the terms and conditions of this Agreement, GloVine grants you non-exclusive, non-transferable, limited license to access, display, and use our Services, Websites, and their contents. You shall comply with all copyright laws worldwide in your use of GloVine's Services, and Websites. You shall prevent unauthorised copying of contents located on or using GloVine Services. GloVine does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information. Prohibited Use GloVine 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. Examples of prohibited use include, but are not limited to:
Usage of Allotted Resources You and/or the Customer, agrees that physical disk usage and monthly bandwidth, shall not extend passed the number of megabytes agreed to in the accounted measurements outlined on the website at the time of signup (or any other measurements of services in forms of gigabytes, terabytes, etc.) per month for the Services order by You and/or the Customer on the Order Form (the “Agreed Usage”). GloVine will monitor your and/or the Customer's disk usage and monthly bandwidth. Customer agrees that bandwidth allowances represent the sum of incoming and outgoing allowances. Once a package reaches the bandwidth allowance, the package will automatically be suspended until the next calendar month or billing cycle, or until the package has been upgraded. Bandwidth calculations are updated daily and are not in real time. Therefore, Customer agrees that the sum of incoming and outgoing bandwidth usage that exceeds the Package's allowance shall be billed at $1.00 (AUD) per Gigabyte. Further, if GloVine's automated system fails to suspend a Package when reaching the Package's bandwidth allowance, customer agrees to be billed at $1.00 (AUD) per Gigabyte for each Gigabyte of bandwidth usage in excess of the Package's bandwidth allowance. GloVine shall have the right to take corrective action if Customer's disk usage exceeds the Agreed Usage, including but not limited to deletion of all Packages, files, termination of this Agreement or suspension of Services. Such actions may be taken in GloVine's sole and absolute discretion. Usage of Server Resources In order to preserve the integrity of GloVine's Services and provide Customers with GloVine's 99.9% uptime guarantee, GloVine must be able to regulate its customers' use of server resources. Therefore, Customer agrees that Customer shall not use excessive amounts of server resources (such as, but not limited to, CPU & Memory usage) on any of GloVine's servers. GloVine shall define “excessive amounts of server resources” as using any form of server resource in a manner which noticeably hinders the quality of any service. Customer agrees to be held under strict liability for assuring reasonable server resource usage. Any violation of this policy will result in immediate account cancellation and imposition of an Administrative Fee of $50.00 (AUD). GloVine shall not refund to Customer any fees paid in advance of such cancellation and Customer shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, Customer shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term. GloVine reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision. Mass Emailing Policy Each hosting package is limited to distributing no more than 200 emails within any 90 minute period, unless prior consent obtained from GloVine administration. This policy is required to uphold and protect the quality of GloVine's hosting services. Mass emailing can consume excessive amounts of server capabilities and resources, such as but not limited to; CPU, Memory, Hard disk space, bandwidth, which can negatively impact the overall quality of the hosting service for other customers. First violations of this policy will qualify an administration fee of $25.00 (AUD) and immediate account suspension. For the account to be reactivated, the client must provide a written and signed statement stating “I have read, understood and agree to GloVine's Mass Emailing Policy”. If a second violation occurs of this policy, the account will receive immediate suspension and an imposition of an Administrative Fee of $100.00 (AUD). GloVine shall not refund to Customer any fees paid in advance of such cancellation and the Customer shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, the Customer shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term. GloVine reserves the right to determine, in its sole and absolute discretion what constitutes a violation of this provision. E-mail Spamming Prohibited Customer is prohibited from using services provided by GloVine, in providing or forwarding in any manner, sending or mailing excessive unsolicited or commercial mail over the Internet. “Spamming” is strictly prohibited and will result in immediate suspension or terminated of the Customer's account and have a minimum fine of $200 (AUD) imposed on the Customer. GloVine reserves the right to determine, in its sole and absolute discretion what constitutes a violation of this provision. System and Network Abuse Violation of system or network security is prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following:
Fraudulent Content Offering or distributing any fraudulent goods, services, schemes or promotions (e.g. - make money fast schemes, chain-letters, pyramid schemes), or submitting false data on any sign-up form, contract or online application through registration, or any fraudulent use of information obtained through the use of the Packages, including, without limitation, use of credit card numbers, phone numbers, e-mail addresses, or home addresses is strictly prohibited. Violation of this Agreement If GloVine becomes aware of any violation or threatened violation of this Agreement, GloVine may pursue any remedies and take any action against you or your customers to stop or correct such violation, including, but not limited to, denying access to GloVine's Services and equipment or to the Internet, removal of all or a portion of the information stored on GloVine's server, suspension of any and all Services, or termination of this Agreement. In the event GloVine is required to suspend Services or terminate this Agreement, GloVine shall not refund any of the Fees paid in advance of such corrective action. In addition, GloVine may charge you for any costs or expenses it incurs as a result of the threatened or actual violation of this Agreement. You agree that GloVine shall have no liability to you or any of your customers as a result of any corrective action GloVine may take (including, without limitation, termination of Services). You are expected to cooperate with GloVine in any corrective or preventive action that GloVine deems necessary. Fees; Payment In consideration of the Services provided to you by GloVine, you shall pay the service fees set forth in your Packages(s) (“Fees”). GloVine offers 1, 3, 6, and 12 month terms. All Packages are prepaid and automatically renew for successive like periods unless terminated in accordance with this Agreement. All Fees must be paid in advance by credit card, Bank transfer or personal check/Money Order. By establishing a Package with GloVine, you authorize GloVine to automatically charge the Fees and any administrative or other fees provided for in this Agreement to your credit card that you provide when signing up. You must notify GloVine of any changes in your personal information (including, but not limited to the, billing address, account number or credit card or bank account, or expiration or cancellation of your card.). It shall be your sole responsibility to assure payment is received in full and on time. If payment is not collected by the date due, (1) your account will be suspended until payment is received in full, (2) a $5.00 (AUD) late payment charge will be added to the invoice, and (3) GloVine reserves the right to terminate your Package(s). If a Package is suspended for insufficient payment, you must contact GloVine and arrange for immediate payment. Suspended accounts will continue to be responsible for the payment of fees. Termination of Services shall not relieve customer from the obligation to satisfy outstanding amounts due and payable. In the event GloVine utilizes an attorney and/or collection agency to collect any unpaid amounts, Customer shall be responsible for the payment of all of GloVine's attorneys' fees, collection agency fees, and all other costs related to the collection of outstanding amounts. Service Level Guarantee GloVine guarantees a 99.9% up time service level. If you are unable to obtain 99.9% access to your website, GloVine will, on an as-requested basis, issue a pro rata credit to you for future services conditional upon your submission of proof that 99.9% up time was not achieved as documented by an industry recognized and reputable third party monitoring service such as that of Alertra.com service. This guarantee shall not apply in the event of Force Majeur (as described below), scheduled maintenance periods, inability to access applications or scripts running on the server or if customer's account is not in good standing at the time of the outage. 60 Day Money Back Guarantee If you are not completely satisfied for any reason at any point in time during the first 60 days from purchasing a WebHosting Package from GloVine's Order Form, a full refund will be issued to the Customer. The Full Refund does not include any additional or upgrades that were purchased after the intial purchase (See below). The 60 day Money Back Guarantee does not apply to any Customer who has violated this Terms of Service or Privacy Policy. The 60 Day Money Back Guarantee does not apply to any additional items or services that may of been purchased during the time in which you have purchased a webhosting Package from GloVine, these may include but not limited to; Additional Package resources (memory, hard drive space, bandwidth), domains, Ips, website design). The 60 Day Money Back Guarantee does not apply to any Customer who has previously closed or terminated their webhosting Package. Applying for the 60 Day Money Back Guarantee must be completed within Seven (7) days of cancelling a GloVine Webhosting Package. GloVine reserves the right to determine, in its sole and absolute discretion what constitutes and what amount constitutes the 60 Day Money Back Guarantee Refund. Customer Refunds Approved & valid refunds are paid within seven business days and refunded to the same payment method as original payment. Refunds are subject to approval by GloVine administration who reserves the right to determine, in its sole and absolute discretion what constitutes and what amount constitutes an approved refund to a customer. Credit Card Chargeback Any Customer who initiates a chargeback on their credit card, (removal of GloVine's debit of your credit card account for Fees) will be subject to (1) an Administrative Fee of $100.00 (AUD) per chargeback, (2) re-payment of the amount(s) originally charged to the credit card (3) and immediate termination of all Customer's Package(s). Term The term of this Agreement shall be as set forth in the Order Form, unless otherwise terminated under this Agreement. The Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew for successive like periods unless terminated in accordance with this Agreement . The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term". Termination by Customer All Packages automatically renew until terminated. In order to terminate or cancel your Package, you must email [email protected] with your customer ID and place the subject as "Cancellation". Knowledge and Expertise Use of the Package(s) requires a certain amount of knowledge of Internet programming Languages, protocols and software, and other technological information. By establishing a Package, you or your webmaster represent that you have the knowledge necessary to maintain your web site. GloVine will not advise, teach, supply or provide any such knowledge or customer support outside of the scope of the Packages(s). Warranties and Representations You warrant and represent to GloVine that you are (1) at least eighteen 18 years of age; (2) you possess the legal right and ability to enter this Agreement; (3) you will use the Package(s) only for lawful purposes and in accordance with this Agreement and all policies and guidelines that may apply; (4) you will be financially responsible for your Plan(s); (5) you have acquired, or will acquire all necessary arrangements for hypertext links to a third party Web sites or other content; (6) you have verified or will verify the accuracy of materials distributed or made available through use of the Packages(s), including, without limitation, your content, claims, warranties, guarantees, nature of business, and address where business is conducted, and (7) your content does not infringe or violate any right of any third party (including intellectual property rights) or violate any applicable law, regulation or ordinance. Disclaimers and Limitations You expressly agree that the use of Services or any information provided by GloVine is at your sole risk. Neither GloVine, nor its affiliates, nor any of its officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this site or the Services provided will be uninterrupted or error-free; nor does GloVine make any warranty as to the results that may be obtained from the use of the Services. THE SERVICES, WEB SITES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH THEM ARE PROVIDED ON AN "AS IS," “WHERE AVAILABLE” BASIS. GLOVINE AND ITS PROVIDERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICES, WEB SITES AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. USE OF THE WEB SITES IS AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. Limitation of Liabilities YOU AGREE THAT NEITHER GLOVINE NOR ITS PROVIDERS SHALL BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR USE OF THE SERVICES, MATERIALS, CONTENT, OR INFORMATION ON ITS SITES REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING WITHOUT LIMITATION A NEGLIGENT ACT, SHALL GLOVINE OR ANY OF ITS PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES, MATERIALS, CONTENT OR INFORMATION PROVIDED BY GLOVINE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON GLOVINE'S SITES, YOUR USE OF, OR INABILITY TO USE GLOVINE'S SERVICES GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER GLOVINE OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Notwithstanding anything to the contrary in this Agreement, GloVine's maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi- contract, statutory or otherwise) shall not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose. The terms of this section shall survive any termination of this Agreement. Indemnification Customer shall defend, indemnify and hold harmless GloVine, its affiliates and their respective present, former and future officers, directors, employees and agents, and their respective heirs, legal representatives, successors and assigns (collectively the "Indemnities"), from and against any and all losses, damages, costs, liabilities and expenses (including, without limitation, amounts paid in settlement and reasonable attorneys' fees) which any of the Indemnities may suffer, incur or sustain resulting from or arising out of (i) Customer's breach of any representation, warranty, covenant or agreement contained this Agreement or any other agreement incorporated by reference, (ii) Customer's information stored on GloVine's server, the Customer's web site or an end user's use of the such information or the Customer's web site, (iii) violation by Customer or any of its officers, directors, employees or agents of any applicable law, rule, regulation or order, (iv) claims or actions of third parties alleging misappropriation of trade secrets or infringement of patents, copyrights, trademarks or other intellectual property rights arising from the use, display or publication of the Customer's information or the use in connection with services, software or information not provided by GloVine, (v) claims or actions by third parties relating to or arising out of Customer's use of the Services, and (vi) any failure of Customer's information or any aspect of the Customer web site to be compatible with the hardware or software used by GloVine to provide the Services, including any damage to GloVine's servers or other hardware caused thereby. The terms of this section shall survive any termination of this Agreement. Limitations of Claims Any cause of action you may have with respect to your use of GloVine's Services, Web sites or other information must be commenced within one (1) year after the claim or cause of action arises. Disclosure GloVine may reveal any information it deems necessary or appropriate, including, without limitation, user profile (e.g. name, e-mail address, etc.), usage history or other material contained on GloVine's system in order to abide by any applicable laws, lawful governmental requests, to protect GloVine's systems and customers, or to provide and protect the quality, functionality, and integrity of GloVine's business and equipment. Compliance with Law You agree that when using the Services you shall comply with all applicable laws and regulations. You shall not use the Package(s) or the Services in any way that violates Australian export laws, including without limitation, uses related to the distribution of weapons of mass destruction, prohibited chemical, biological, or nuclear weapons or missile use. Severability In the event that any provision of this Agreement shall be held by any court of competent jurisdiction to be illegal or unenforceable, such provision shall be deemed severable and severed from this Agreement and the remaining provisions hereof shall remain in full force and effect between the parties. Copyright or Trademark Infringement The information provided by GloVine through the use of Services, including all images, designs, photographs, writings, graphs, data, and other materials (“GloVine's Contents”), as well as the collection, arrangement and assembly of the GloVine's Contents, are the exclusive property of GloVine and is protected by international and Australian copyrights, trademarks, trade secrets, and/or other proprietary rights. GloVine's Contents may not be used in connection with any other product or service. Any use of the GloVine's Contents, other than as set forth in this Agreement, including reproduction for purposes of modification, distribution, or republication without GloVine's prior written consent, is strictly prohibited. GloVine acknowledges the rights of third parties whose trademarks or registered trademarks are referenced at its Web sites. The Digital Millennium Copyright Act ("DMCA") sets
forth the law regarding the use of copyrighted
materials on the Internet. All GloVine customers are
subject to the requirements of the DMCA. Individuals
or entities submitting notifications of copyright
infringement by a GloVine customer (per the DMCA) to
GloVine must follow the below procedures. Copyright
infringement notifications submitted to GloVine
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
GloVine's sole discretion.
No Third-Party Beneficiaries Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights, legal or equitable, in any Person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, Customer acknowledges and agrees that Microsoft, and any supplier of third-party supplier that is identified as a third-party beneficiary in the Service Description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against Customer as if it were a party to this Agreement. Minimum Age Requirement GloVine 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 this Agreement in order for the Minor to become an GloVine customer. A parent or guardian who accepts this Agreement on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with this Agreement, including the timely and full payment of the charges for GloVine services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains GloVine's express written consent to the contrary. Force Majeure GloVine will not be liable for delays in its performance of this Agreement or provision of Services which are caused by circumstances beyond GloVine's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labour or materials, labour disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). GloVine 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. Independent Contractors Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between GloVine and its customers. Each of GloVine and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein. Construction and Interpretation Wherever in this Agreement the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of this Agreement into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of this Agreement. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of this Agreement. Governing Law; Jurisdiction Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon arising from an alleged tort, shall be governed by the substantive laws of the State of Victoria, Australia. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. ANY SUIT, ACTION OR PROCEEDING CONCERNING THIS AGREEMENT MUST BE BROUGHT IN A VICTORIAN STATE OR FEDERAL COURT LOCATED IN SOUTH EASTERN VICTORIA, AND EACH OF THE PARTIES HEREBY IRREVOCABLY CONSENTS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING AND IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. Entire Agreement This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby. In case of a conflict between this Agreement and any document, correspondence or other communication, of Customer or GloVine, the terms and conditions of this Agreement shall control unless otherwise set forth in this Agreement. Modification GloVine may change or modify any of the terms and conditions contained in this Agreement, including any policy or guideline incorporated by reference, at any time, and you agree to be bound by the revised terms of this Agreement. Any such modification will become effective upon the date they are first posted on this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. GloVine does not and will not assume any obligation to notify you of the changes to this Agreement. Your continued use of GloVine's Package(s) will be the reflection of your cooperation and acceptance of any changes or modifications. Complaints If you believe that another customer has violated this Agreement, please send communication to GloVine's management at [email protected]). Acceptance By clicking the following checkbox (also known as Acceptance Checkbox) you acknowledge that you have read this User Agreement and agree to be bound by the terms and conditions contained in this document as well as all policies and guidelines incorporated by reference. You further agree that the act of submitting your Order Form online is equivalent to your signature and agree that all the information you submit online is true and correct to the best of your knowledge. PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS. |
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