Terms Of Service
These Terms of Service (TOS) form the integral part of the Server Rental Agreement and must be observed and complied with by all of our subscribers, irrespective of the type of server subscriber rents.
Use of GlobalTeleHost Corp. Services constitutes acceptance and agreement to GlobalTeleHost Corp.'s AUP (Acceptable Use Policy) as well as these Terms of Service.
- Service Rates
Subscriber acknowledges that the nature of the Service (as defined in the Server Rental Agreement) furnished and the initial rates and charges have been communicated to Subscriber in the Server Rental Agreement. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. Any promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
- Port 25
Port 25 is closed and not-available for use for the subscribers renting on a daily basis.
- Payment and Taxes
Establishment of this service is dependent upon receipt by the Company of the executed Server Rental Agreement and payment of stated charges.
- Monthly Service
Subsequent payments are due on the first date of the month for that month's service. All accounts and services provided by Global are subject to the current tax rate as imposed by the province of Ontario and Canada.
- Daily Service
Subsequent payments are due on the first date of the daily subscription renewal of the service. All accounts and services provided by Global are subject to the current tax rate as imposed by the province of Ontario and Canada.
- Monthly Service
- Refund and Disputes
All payments to GlobalTeleHost Corp. are non-refundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that is proven to be a valid charge under the provisions of the TOS and/or AUP, you agree to pay GlobalTeleHost Corp. an "Administrative Fee" of CAD$100.
- Proof of Card Ownership
Due to high volume of identity theft and use of stolen payment cards, the Subscriber shall provide a valid photo identification to prove the ownership of the payment card if Subscriber uses the on-line payment system to pay for the Services. The Company keeps all private information in accordance with the terms of section 15 below.
- Network Uptime Service Level Agreement (SLA)
a. The Company guarantees network uptime to be 100%. This guarantee assures that all major routing devices within our network are reachable from the global Internet 100% of the time.
1. Scheduled Network Maintenance - occasionally network maintenance will be required. The Company will do everything possible to minimize and avoid downtime during this maintenance. Subscriber will receive prior notification of upcoming maintenance at the e-mail address we have on file. Scheduled maintenance periods are not eligible for SLA credits.
2. Hardware Maintenance - on rare occasions, the hardware in a dedicated server may need maintenance or replacement. The Company will do everything possible to minimize any downtime in these situations per our hardware replacement SLA. Any downtime incurred as a result of this maintenance will not be counted towards our network SLA.
3. Software Maintenance - an important part of managing a dedicated server is keeping the software up to date. If Subscriber chooses to have the Company manage your server, occasional software updates will be required to address security or performance issues. Usually, Subscriber will experience little or no downtime in these situations, but the Company cannot guarantee a specific amount of time in all situations.
4. Malicious Attacks - if a third party not associated with the Company initiates a "Denial of Service" or other form of disabling attack against Subscriber’s dedicated server or major portions of our network, the Company will do everything in its power to stop the attack, but cannot guarantee a resolution time.
5. Legal Actions - In the case that a legal action is taken against a customer of the Company and the Company is required to act in accordance with the order, the Company shall not be responsible for any SLA damages.
c. Remedy: In the event that the Company does not meet this SLA, our clients become eligible to request compensation for downtime reported by service monitoring logs. If the Company is or is not directly responsible for causing the downtime, Subscriber will receive a credit for 12 times the actual amount of downtime. This means that if Subscriber’s server is unreachable for 5 minute, you will receive 1 hour of credit.
All requests for compensation must be received within 5 business days of the incident in question. The amount of compensation may not exceed the customer’s monthly recurring charge. This SLA does not apply for any month that Subscriber has been in breach of the Company’s Terms of Service or if the account is in default of payment.
- Failure to Pay
The Company may temporarily deny service or terminate the Server Rental Agreement in accordance with section 5 below 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.
- Default and Notifications
- Monthly Service
i. Once a bill is 3 days overdue, GlobalTeleHost Corp. will send to the Subscriber a First Default Notification. Once a bill is 6 days overdue, GlobalTeleHost Corp. will send to the Subscriber a Second Default Notification and service will enter into a 'suspended state'. In the 'suspended state' client data will not be in jeopardy. Once a bill is 9 days overdue, GlobalTeleHost Corp. will send to the Subscriber a Final Default Notification and Services will be terminated.
ii. Once a Final Default Notification is sent and Services are terminated, all Subscriber’s data located at a server will be automatically deleted.
iii. If a Subscriber has received the Final Default Notification with regards to any server registered in such Subscriber’s name and Services were terminated in accordance with section 8.1.ii, all other servers that are registered in the name of such Subscriber will enter into a ‘suspended state’ immediately on the payment date if the monthly payment has not been received by GlobalTeleHost Corp. and Services will be terminated with all Subscriber’s data located at such servers deleted once the monthly payment is 3 days overdue. Following the termination of Services pursuant to this subsection 8.1(iii), this Subscriber cannot use any promotional offers to purchase any new Services.
iv. The Subscriber will not be terminated or charged the late fee if the default is cleared prior to the Final Default Notification issuance.
- Daily Service
i. Global will send an End-of-Service Notification to the Subscriber 12 hours prior to the end of the daily service term. The Subscriber has to renew its daily subscription or start a monthly subscription, otherwise upon the end of the daily service term all existing data of the Subscriber will be deleted.
ii. The Final Notification that the term of the agreement has expired and all data has been deleted will be sent to the Subscriber immediately after the daily service term ends provided the Subscriber has not renewed its daily subscription or started a monthly subscription.
- Monthly Service
- Account Cancellation
Subscribers can cancel their accounts at any time through their GTHost online accounts.
- Termination due to Limited Technical Capacity
The Company may at any time deny service or terminate the Server Rental Agreement if it does not have required technical capacity to perform the service. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges. All payments made but unused by Subscriber due to the termination in accordance with this section will be refunded by the Company to Subscriber.
- Limited Liability
The Subscriber acknowledges that the Service provided is of such 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, the 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. The 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 the 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.
- Disclosure to Law Enforcement
The AUP specifically prohibits the use of our Service for illegal activities. Therefore, the Subscriber agrees that the Company may disclose any and all Subscriber information including assigned IP numbers, account history, account use, etc. to Canadian law enforcement agents without consent or notification to the Subscriber. GlobalTeleHost Corp. will not disclose subscriber information to any third party or international agency unless a Canadian court order is obtained. In addition, GlobalTeleHost Corp. shall have the right to terminate all service set forth in this Agreement.
- Support Boundaries
GlobalTeleHost Corp. provides 24x7 technical support to our subscribers. We limit our technical support to our area of expertise.
GlobalTeleHost Corp. provides support only related to your hosting’s physical functioning. GlobalTeleHost Corp. does not offer technical support for application specific issues such as CGI programming, HTML or any other such issue. GlobalTeleHost Corp. does not provide technical support for subscribers’ customers.
All requests for support must be emailed to the Company at email@example.com. Phone requests are not accepted.
- Inbound/Outbound DDoS Attacks
DDoS is an acronym for Distributed Denial of Service Attack, which is a type of denial of service attack in which an attacker uses malicious code installed on various computers to attack a single target. An attacker may use this method to have a greater effect on the target than is possible with a single attacking machine. As a user of our Services, you are ultimately responsible for making sure that your account is secured, and that no root kits or viruses are on your server.
Upon notification of an alleged DDoS, whether subscriber’s server has become the victim of a DDoS Attack or subscriber is deliberately performing the DDoS, GlobalTeleHost Corp. may initiate an immediate investigation. During the investigation, GlobalTeleHost Corp. may restrict subscriber’s access to the network to prevent further violations. If a subscriber is found to be in violation of our DDoS policy, GlobalTeleHost Corp. may, at its sole discretion, restrict, suspend or terminate such subscriber's account.
As all our subscribers are ultimately responsible for the actions of their clients over the GlobalTeleHost Corp. network, it is advisable that each subscriber develops a similar, or stricter, policy for their clients.
We receive and store subscribers’ private information. The information you provide and that is collected is used to fulfil your specific request. Information about our customers is an important part of our business, and we are not in the business of selling it to others.
We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. We reveal only the last four digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.
We may be asked to share collected information with governmental agencies or other companies assisting us in the event of fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is never provided to these companies for marketing purposes. Your personally identifiable information is kept secure and encrypted during the type of transmission. Only authorized employees, agents and contractors have access to this information. Please contact us if you have any questions or concerns about our website's privacy.
- Revisions To This TOS
GlobalTeleHost Corp. reserves the right to revise, amend, or modify this 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 emailed to each Subscriber at the email provided to the Company.
- Contact Info
Each subscriber must provide GlobalTeleHost Corp. with valid e-mail, fax, and telephone contacts where the subscriber can be reached for all notifications, complaints, news and promotions.
The Subscriber has read this Terms of Service and agrees with its terms.