Red Matrixx Control Centre

Engineering, Architecture, Administration, Security...Colour code red.

Terms of Service For all Services

Use of Global Business Network Systems Service constitutes acceptance and agreement to Global Business Network Systems AUP as well as Global Business Network Systems TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of Global Business Network Systems, 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.

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 Business Network Systems shall have the right to terminate all service set forth in this Agreement.

Service Rates:

Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The 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.

Payment:

Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service.

Refund and Disputes:


All billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Global Business Network Systems sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Global Business Network Systems an "Administrative Fee".

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.

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 into our DNS servers within six hours. Due to unforeseen complications, however, this process may sometimes require up to two business days.

Transfer of Domains:


New webhosting accounts which involve the transfer of a domain from another provider to Global Business Network Systems will require a minimum of three (3) days to be set up and entered into the DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by Global Business Network Systems on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.

SPAM and Unsolicited Commercial Email (UCE):


Global Business Network Systems takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Global Business Network Systems may not use or permit others to use our network to transact in UCE. Customers of Global Business Network Systems may 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 Business Network Systems SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Global Business Network Systems will initiate an immediate investigation (within 48 hours of notification). During the investigation, Global Business Network Systems 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 Business Network Systems may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Global Business Network Systems reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Global Business Network Systems 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" and your account will be reviewed for possible immediate termination. A second violation immediate termination of your account. PLEASE, DO NOT SPAM from your account.

As our Customers are ultimately responsible for the actions of their clients over the Global Business Network Systems network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

IMPORTANT NOTICE:


BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.

IP Address Ownership:


If Global Business Network Systems assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Global Business Network Systems, and Customer shall have no right to use that Internet Protocol address except as permitted by Global Business Network Systems in its sole discretion in connection with the Services, during the term of this Agreement. Global Business Network Systems shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Global Business Network Systems, and Global Business Network Systems 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 RIPE's new policies. These policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses.

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 and must be fairly distributed over the month. Sites that consume over our daily limit on a regular basis period will be disabled and client must look into another Web hosting provider to accommodate those high bandwidth needs. Global Business Network Systems will monitor Customer's bandwidth and disk usage. Global Business Network Systems 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 Business Network Systems sole and absolute discretion. If Global Business Network Systems 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.

System and Network Security:


Users are prohibited from violating or attempting to violate the security of the Global Business Network Systems Network. Violations of system or network security may result in civil or criminal liability. Global Business Network Systems 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:

Notification of Violation:


Global Business Network Systems is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

First violation: Any User, which Global Business Network Systems determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Global Business Network Systems discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

Second Violation:
Users that Global Business Network Systems determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

Suspension of Service or Cancellation:


Global Business Network Systems reserves the right to suspend network access to any customer if in the judgment of the Global Business Network Systems 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 Business Network Systems 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.

Global Business Network Systems reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Global Business Network Systems must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

Indemnification:
Global Business Network Systems wishes to emphasize that in agreeing to the Global Business Network Systems Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Global Business Network Systems for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Global Business Network Systems or the bringing of any claim against Global Business Network Systems by any third-party. This means that if Global Business Network Systems is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Global Business Network Systems, plus all costs and attorney's fees.

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 Business Network Systems takes no responsibility for any material input by others and not posted to the Global Business Network Systems Network by Global Business Network Systems. Global Business Network Systems is not responsible for the content of any other websites linked to the Global Business Network Systems Network; links are provided as Internet navigation tools only. Global Business Network Systems 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 Business Network Systems is not responsible for any damages your business may suffer. Global Business Network Systems does not make implied or written warranties for any of our services. Global Business Network Systems 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 Business Network Systems.

It is absolutely forbidden to host illegal content or IRC servers on Global Business Network Systems accounts. Accounts found hosting this material will be subject to immediate cancellation without refund.

Responsability for Content:


You, as Global Business Network Systems customer, are solely responsible for the content stored on and served by your Global Business Network Systems account.

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ORACC 1... Grey Matrixx Labs...fr... 2006
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