Service Contract

Terms Of Service

Use of GISOL, Inc., Global Internet Solutions products and services constitutes acceptance and agreement to Global Internet Solutions TOS (Terms of Service).

For the purposes of these Terms Of Service, the "Provider" shall mean Global Internet Solutions and "Client" shall mean the Person/Entity applying for any types of services.

  1. This Agreement shall be construed in all respects in accordance with the laws of the state of California. The provider reserves the right to change TOS at any time. Changes to Global Internet Solutions' TOS will be posted at http://www.gisol.com/policies. Client's continued use of Global Internet Solutions' services after the TOS changes have been posted to Global Internet Solutions website will constitute the acceptance of the updated/changed terms.
  2. Agreement

  3. Provider reserves the right to refuse service to anyone at any time. Provider reserves the right, in its sole discretion, to deactivate your account(s) without further warning upon an indication of credit problems including delinquent payments, or if this service contract is violated, or if Client's account or the traffic on this account causes any kind of network or server problem / disturbances.
  4. Client hereby agrees that all domain names and any material submitted for publication on provider through client's account(s) will not contain anything leading to an abusive or unethical use of the web hosting or dial-up access product(s) or the host server(s). Abusive and unethical materials and uses include, but are not limited to pornography, obscenity, nudity, violations of privacy, computer viruses, hacking, warez, and any harassing and harmful materials or uses. Client will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libelous or harmful. Client hereby agrees to indemnify and hold harmless the provider for any claim resulting from the submission of illegal materials. Client hereby agrees to indemnify and hold harmless the provider from any claim resulting from your publication of materials or your use of those materials.
  5. Disclaimer Of Warranties

  6. The provided service is provided on an "as is, as available" basis. The provider gives no warranty, expressed or implied, for any account(s) or other services provided, including, without limitation, warranty expressly includes any reimbursement for losses of income due to disruption of service by provider or its providers beyond the fees paid by client to provider for services.
  7. Provider is not responsible for any damages arising from Client's use of Provider or by Client's inability to use an account and any other services for any reason. Provider will not be responsible for any damages your business may suffer. Provider makes no warranties of any kind, expressed or implied for services we provide. Provider disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Provider and its employees.
  8. Billing

  9. In the event it is necessary to refer any dispute to an attorney, a collection agency, or resolve it in a court of law, each party will be responsible for its own costs and fees. The damages shall be limited to the amount paid to Global Internet Solutions. Place where the contract is signed and fulfilled shall be Los Angeles, California, United States of America.
  10. All hosting accounts are subject to the following bandwidth limitations: Best Package - 70GB/mo, Start-Up Package - 100GB/mo, Pro Package - 200GB/mo. Upon exceeding this limit, the account will be suspended and the limit for the current month prorated according to the amount of time the account was active. The customer is then charged $3.50 per GB of transfer over the prorated limit.
  11. If the account is terminated before the 1-year period, a $25 charge will be applied to the account if the domain name registration fee had been waived. If a refund for hosting services is issued, the domain registration fee, minus promotional fee, if any, will be deducted from the amount of refund issued.
  12. Money Back Guarantee: All of our virtual web hosting plans comes with a 30-day money back guarantee. This means you may cancel your web hosting package with in the first 30 days and receive credit for the unused portion of your account. Any requests for cancellation must be sent only via our Cancellation Request Form at https://cancel.gisol.com/.
  13. Failure to pay: Provider 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.
  14. Any length of time shorter than one month of service is billed as a whole month of service for all packages.
    1. For accounts billed on quarterly basis, the refund for unused services is calculated as follows: the number of months of used service is multiplied by the standard monthly rate. The amount due for services used will be deducted from the total amount of order, and the difference, if any, will be refunded within 14 days upon the management's approval to the credit card we have on file.
    2. For accounts billed on yearly basis, the refund for unused services is calculated as follows: the number of months of used service is multiplied by the standard monthly rate. The amount due for services used will be deducted from the total amount of order, and the difference, if any, will be refunded within 14 days upon the management's approval to the credit card we have on file.
    3. For accounts billed on biennial basis, the refund for unused services is calculated as follows: the number of months of used service is multiplied by the standard monthly rate. The amount due for services used will be deducted from the total amount of order, and the difference, if any, will be refunded within 14 days upon the management's approval to the credit card we have on file.
  15. Terms Of Service Violations

  16. Violations of Global Internet Solutions Terms Of Service will result in immediate account termination and provider reserves the right to immediately terminate clients account.
  17. Global Internet Solutions subscribers will be held responsible and accountable for any activity by third parties, using their account, which violates guidelines created within the Terms Of Service.
  18. If a Global Internet Solutions account is used to violate the Terms Of Service or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action; however, flagrant violations of the Terms Of Service will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
  19. Fraudulent activity: Use of Global Internet Solutions service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters is strictly prohibited. Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
  20. Illegal use: Global Internet Solutions services may not be used for illegal purposes, or in support of illegal activities. Global Internet Solutions reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
  21. Harm to minors: Use of the Global Internet Solutions service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
  22. Threats: Use of the Global Internet Solutions service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
  23. Harassment: Use of the Global Internet Solutions service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
  24. Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is strictly prohibited. The use of anonymous remailers or nicknames does not constitute impersonation
  25. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements is strictly prohibited.
  26. Distribution of Viruses: Intentional distribution of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems is strictly prohibited. Such an offense will result in the immediate termination of the offending account.
  27. Electronic Mail Abuse:
    1. Harassment, whether through language, frequency, or size of messages, is prohibited.
    2. Customers may not send email to any person who does not wish to receive it. If a recipient asks to stop receiving email, the Customer must not send that person any further email.
    3. Customers are explicitly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it.
    4. Customers may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings.
    5. Malicious email, including but not limited to "mail bombing" (flooding a user or site with very large or numerous pieces of email) and "trolling" (posting outrageous messages to generate numerous responses) is prohibited.
    6. Forging of header or any other information is not permitted.
    7. Subscribing someone else to a mail list or removing someone else from a mail list without that person's permission is prohibited.
    8. Global Internet Solutions accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Usage Policy or the usage policy of that other provider.
  28. Reseller Policies

  29. All Global Internet Solutions policies above also apply to resellers, except as specified below.
  30. Once an order has been submitted, the Reseller is e-mailed a confirmation of the order. The domain is setup on the server within 24 hours. It is the sole responsibility of the Reseller to forward this information to his/her customers.
  31. Requests for modifications to an account or anything that requires a fee must be made via our ticketing system located at http://ticket.gisol.com/.
  32. Billing: Resellers are responsible for collecting payments from their customers. Resellers are, in turn, responsible for payment directly to us for the full amount of their monthly bill. If a Reseller's customer is delinquent with payment to the Reseller, the Reseller may disable the domain until payment is received.
  33. Technical Support: Resellers are responsible for providing technical support to their customers.
Revision: 2004-04-25