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Legal Documents: Table of Contents

Below are the different sections of our legal documents.

  1. Terms of Service (TOS)
  2. Acceptable User Policy (AUP)
  3. Billing Policy
  4. 30 - Day Money Back Guarantee
  5. Network Service Level Agreement (SLA)
  6. Domain Registration Agreement
  7. Compensation and Affiliation Affidavit
  8. Privacy Policy


Terms of Service

Clients will be held responsible for any and all actions performed by their account whether done by the account holder or by others. If server security is compromised, the account holder is responsible for all violations of these Terms of Service (so called herein) and Global Direct Web Solutions' Acceptable Use Policy ("AUP"), including SPAM, and all disconnect and reconnect fees associated with violations. Global Direct Web Solutions does not harden or enable additional server security software outside of operating system defaults.

The following terms constitute an agreement between you and Global Direct Web Solutions. ("G.D.W.S"). These Terms of Service govern your use of the services provided by Global Direct Web Solutions (the "Services").

BY USING THE SERVICES YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF SERVICE, including that you agree to transact with us electronically, that you consent to the information practices disclosed in our AUP, and that you consent to resolve in Hancock County, Maine any dispute that you may have with us, our suppliers, or the Services. Please note that we offer the Services "AS IS" and without warranties.

These Terms of Service govern your relationship with us and our suppliers. We may change these Terms of Service at any time, as we deem appropriate. If we make changes that we believe will have a material impact on your use of the Services, we will let you know by sending you an email if we have a current email address for you, and by noting on our website that these Terms of Service has been updated. If you disagree with the changes to these Terms of Service, discontinue your use of the Services. Your ongoing use of any Services after the changes take effect signifies your agreement to the new terms. We encourage you to review these Terms of Service regularly.

Global Direct Web Solutions' Responsibilities

Global Direct Web Solutions agrees to furnish services, which are paid for in advance by the client, to the client, subject to complete compliance with the AUP and these Terms of Service. Global Direct Web Solutions reserves the right to refuse Services to any potential client and/or to deny renewal of Services to any existing client, at the sole discretion of Global Direct Web Solutions.

Changes to Terms of Service and AUP

Global Direct Web Solutions' Terms of Service and AUP are both subject to change at any time and without notice at the sole discretion of Global Direct Web Solutions. A change in policy shall not be grounds for early contract termination or non-payment. Client recognizes that the nature of the service supplied and the initial rates and charges have been communicated to the client. The client is aware that from time to time rates may change based on availability of hardware, overall market conditions or other factors. Clients will be notified of any increases in rates or charges prior to the billing renewal date on which such increases will take effect.

Non-Payment/Service Interruption

Services interrupted for non-payment may be subject to a $25 late fee. Data stored on a client's services will not be available to the client until reconnection is established or alternative arrangements are made to the sole satisfaction of Global Direct Web Solutions. Clients deactivated for non-payment or charge-back are subject to their data being destroyed seven (7) days from suspension/charge-back date. Global Direct Web Solutions is not responsible for data integrity, regardless of circumstance. Global Direct Web Solutions strongly recommends keeping up to date and off network backups to protect against data loss.

In the event a service is suspended for non-payment, it will be subject to termination seven (7) days from the time of suspension. At which time, a termination fee of $25 will be applied to the account which must be paid within 15 days to avoid full account suspension. Global Direct Web Solutions assumes no liability for the integrity of the data stored on a suspended server.

Cancellations

Global Direct Web Solutions requires a five (5) day notice of cancellation prior to the billing renewal date for the upcoming billing cycle, submitted via support ticket. A five (5) day notice before the upcoming billing date is also required for any downgrades. All client data will be destroyed immediately after the cancellation date. If the notice of cancellation is not provided within five (5) days, the server will still be canceled however a termination fee of $25 will be applied to the account and must be paid within 15 days to avoid full account suspension.

Official Global Direct Web Solutions Resellers may cancel their servers up to twenty-four (24) hours after the server's billing renewal date. After twenty-four (24) hours, the server can still be requested to be canceled by the reseller, however the termination fee of $25 will be applied to the account and must be paid within 15 days to avoid full account suspension.

Fraud

In the event fraud is discovered the fraudulent account, and all related accounts, are subject to immediate suspension or termination at the sole discretion of Global Direct Web Solutions. All information available to Global Direct Web Solutions about the fraudulent account/service shall be submitted to both local authorities, as well any financial institutions involved. All fraudulent orders are investigated, and all fraudulent clients will be prosecuted to the fullest extent of the law, whether within the United States, or abroad.

Disclaimers of Liability; Indemnification

WE PROVIDE THE SERVICES "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE." WE AND OUR SUPPLIERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE AND OUR SUPPLIERS DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION GIVEN BY A Global Direct Web Solutions, INC. REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change. You use the Services at your own risk.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR OUR SUPPLIERS IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL OUR, OUR AFFILIATES' AND OUR SUPPLIERS' AGGREGATE AND CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID DURING THE PERIOD DURING WHICH SUCH CLAIMS AROSE. WE, OUR AFFILIATES, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR AFILLIATES AND SUPPLIERS, SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

You agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorneys' fees, which arise from your use or misuse of the Services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Support

Global Direct Web Solutions provides hardware support related to each direct client's service functioning. Global Direct Web Solutions does not offer software support of any kind. Global Direct Web Solutions does not provide software support/troubleshooting for the software items chosen from the order form. Global Direct Web Solutions only ensures the correct default installation of any software item chosen from the order form, and in no way assumes liability for the configuration of any of the installed software. Global Direct Web Solutions is not responsible for any downtime associated with the incorrect configuration of operating system kernels or any software, whether installed by Global Direct Web Solutions or the client. Global Direct Web Solutions may provide enhanced software support (including kernel configuration) for an additional fee. Please contact sales or support for enhanced support pricing. Each client is eligible for one (1) complimentary operating system ("OS") reload per billing cycle; each additional OS reload is $50 per reload. Installation of an unsupported OS is subject to the prior approval of Global Direct Web Solutions and to a $50 fee. Global Direct Web Solutions does not provide any type of support to the clients of our clients (third party clients). Global Direct Web Solutions will only provide support directly to clients of Global Direct Web Solutions.

Abuse/Spam/Bulk Email Policy

Global Direct Web Solutions reserves the right to deny mail delivery from any servers hosted on our network if they are believed to be involved in SPAM or SPIM activities. This includes spam support services such as DNS or spamvertised web sites. Our abuse department will locate abusive servers based on public blacklist monitors, abuse reporting from external networks, and other means. If our abuse department receives a report or otherwise becomes aware of abuse-related activities active on our network, we will identify the server the abuse was initially sent from (via IP and in some cases by domain) and create a ticket on behalf of the user who occupies the server with information regarding the abuse such as logs describing the abuse and an explanation of what abuse took place.

The following actions will be taken on a case-by-case basis:

  1. An abuse ticket serves as notification that our abuse department has received reports of abuse originating from the server. We require a client response to ALL abuse tickets within 48 hours of the ticket being opened. Typically no service will be suspended or filtered within the first 48 hours of an abuse ticket being opened. If a response is not received within 48 hours, or the server is determined to be abusive (or likely to be abusive in the case of spam blacklistings) after the ticket is opened, our abuse technicians may filter or disable ports or IPs assigned to the server temporarily to prevent further abuse until a response is received.
  2. If a response has not been received to an abuse ticket within 7 days of being opened, the server is eligible for suspension and may be completely disabled until we receive a response.
  3. Habitual neglect of abuse occurring on a client's server may lead to service termination or longer-term port filters as some blacklistings can take several weeks to time out or be removed.

Global Direct Web Solutions reserves the right to refuse services to any client whose account(s) have been fined or terminated for abuse-related activities. If an IP range or IP address has been blacklisted as a result of excessive abuse reports, Global Direct Web Solutions reserves the right to issue a fine of $200 and immediately terminate the service.

Compromised servers issued abuse notifications: If our abuse department suspects that abuse reports associated with a client's server are a result of the server's security being compromised, our abuse department will offer the following options:

  • At the discretion of our abuse department, we will typically offer the ability to log in to the server and remedy the security compromise while leaving the abusive traffic filtered.
  • Offer an Operating System reinstallation, setting the configuration back to the original state it was provisioned in.
  • If Operating System reinstallation is not accepted as an option, Global Direct Web Solutions may offer to manually retrieve/repair the files on the server, at a fee to be assessed and paid prior to any work being done.
  • Habitual security compromises that result in abusive traffic being transmitted or received from the server may result in service termination.

If a client wishes to dispute any abuse reports, or any fine assessed in connection with abuse reports or blacklistings, the client must provide Global Direct Web Solutions with an explanation via Rockware's ticketing system within 10 days of the abuse ticket being opened.

DMCA Complaints

Global Direct Web Solutions handles any and all Digital Millennium Copyright Act ("DMCA") complaints very seriously, and will thoroughly investigate each complaint received. Global Direct Web Solutions reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation.

The following actions will be taken on a case-by-case basis:

  1. A ticket is opened as a warning, providing 48 hours to resolve the situation.
  2. After 48 hours with no client response, connection to the IP address from the DMCA complaint will be disabled at the network level. At this time, Global Direct Web Solutions reserves the right to assess a $25 fine.
  3. After 72 hours with no resolution, services on the server in question will be suspended.
  4. After 7 days of being suspended and the issue not having been resolved, services on the server in question will be canceled and an Abuse Charge of $200 will be placed on the account. All client data will be destroyed immediately after the cancellation date.

Users who violate this policy and fail to resolve the situation within 48 hours agree that in addition to these administrative penalties, they will pay 'Research Fees' not to exceed $50 per hour that Global Direct Web Solutions personnel must spend to investigate the matter, to be charged only if claims are found to be valid.

Bandwidth Usage/Overages

Clients agree to pay any and all bandwidth overage charges accrued on their account from the previous billing cycle. Bandwidth overage charges are billed per gigabyte at a rate of $0.25 (twenty five cents) over the allotted bandwidth on the service. Global Direct Web Solutions reserves the right to suspend any account which does not pay bandwidth overage charges within 15 days. Global Direct Web Solutions is not responsible for spikes in bandwidth that are caused on a client's service for any reason. Client assumes liability for all bandwidth to and from their services. If issued an expected to exceed bandwidth notification, clients are required to make payment arrangements within 24 hours of that notification to prevent possible service interruption until adequate arrangements are made. These arrangements may include being required to pro-actively upgrade bandwidth.

Payment Verification

Clients agree to submit to identity verification measures, designed for both the security of the client as well as the security of Global Direct Web Solutions. The identity verification measures may include the faxing of two forms of government issued identification to Global Direct Web Solutions, as well as a front and back copy of the credit card used for payment, as well as a copy of a utility bill with the billing address. In certain circumstances additional identity verification may be required, in addition to the previously listed forms.

Publicity

Global Direct Web Solutions keeps all client information private and will not publicly disclose that they are providing services to the client unless permission is received on a case-by-case basis. Global Direct Web Solutions reserves the right to use client quotes for promotional uses. Such quotes will be anonymous unless the client agrees to disclosure of their name.

Electronic Notifications

Your affirmative act of using the Services constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, "Notices"). We can send you electronic Notices to the e-mail address that you provided to us during registration. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable Services. In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based or a Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of this contract by clicking on the "Terms of Service" link on any web page that hosts any of the Services. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.

Entire Agreement

This contract and any supplemental terms, policies, rules and guidelines posted on our website constitute the entire agreement between you and us and supersede all previous or contemporaneous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Choice of Law and Location for Resolving Disputes

You agree that the laws of the State of Texas govern this contract and any claim or dispute that you may have against us or our suppliers, without regard to the conflict of laws rules thereunder, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us or our suppliers will be resolved exclusively by a court located in Hancock County, Maine. PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN Hancock County, Maine OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US RELATING TO OR ARISING OUT OF THE SERVICES, THE SERVICE OR THE AGREEMENT; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN Hancock County, Maine FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

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Acceptable Use Policy���

You will be held responsible for all actions performed by your account whether done by you or by others! If server security is compromised, the account holder is responsible for all violations of Global Direct Web Solutions Terms of Service (the Terms of Service) and this Acceptable Use Policy (this AUP), including SPAM, and all disconnect and reconnect fees associated with violations.

The following terms constitute an agreement between you and Global Direct Web Solutions ("G.D.W.S"). This AUP governs your use of the services provided by Global Direct Web Solutions(the Services). BY USING THE SERVICES YOU SIGNIFY THAT YOU AGREE TO THIS AUP.

Statement of Purpose
The Primary Purpose of Global Direct Web Solutions is to provide our clients with the resources necessary to put their internet services online reliably in a lightning fast, high availability environment that responds quickly to each client's individual needs.

Regarding Ultimate Liability
The client is ultimately responsible for individual server security. Global Direct Web Solutions disclaims all liability for server content.

Network Misuse
All clients are allowed access to the public and private network; however misuse of the network in any way, including interference, will result in a violation of this AUP. All violations of this AUP shall be subject to review by Global Direct Web Solutions, and an appropriate course of action shall be taken as determined by Global Direct Web Solutions in its sole discretion. Proper use of public network must comply with all local, state, and federal laws. Clients assume full liability for all content which they place on the server. Content displaying or transferring acts of copulation or exposed genitalia is prohibited, regardless of context. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting is deemed a violation of this AUP.

Sabotage
Any type of sabotage, regardless of intention, shall be grounds for termination of an account. This includes but is not limited to abuse of the remote reboot system by using it multiple times in a very short amount of time for improper reasons.

Private Backbone Network (Global Direct Web Solutions Private Tunnel)
Global Direct Web Solutions enables the use of a private backbone network, allowing clients to transfer data between servers with unrestricted limits on upload/download. This private backbone is in place to allow the upload/download of content, transmission of information between authorized clients servers, server administration, and transmission of information between servers and Global Direct Web Solutions servers, secure private administration of services, console access, and data retrieval.

Network Security
Clients are required and obligated to maintain all security on their servers. Any and all additional charges that are incurred due to client lack of monitoring or security are the responsibility of the client.

Monitoring Policy
Global Direct Web Solutions does not actively monitor the content on its servers. Dedicated server content will only be reviewed upon complaint. Content that does not violate local, state and federal law or this AUP or the Terms of Service is deemed in compliance and shall remain intact. If content is deemed to be in violation of this AUP or the Terms of Service, it shall be reviewed by Global Direct Web Solutions, and a course of action shall be taken to correct the problem, which may result in termination of the account or service.

Blacklist Policy
If any client or any third-party user that is a customer of our client uses Global Direct Web Solutions services, network, or its physical infrastructure in a manner that causes Global Direct Web Solutions, or any IP addresses issued by Global Direct Web Solutions to be blacklisted or blocked, Global Direct Web Solutions reserves the right to suspend or terminate services of such client and/or suspend or terminate the access to services, network, and/or its physical infrastructure. Operating Global Direct Web Solutions service on behalf of, or in connection with or reselling any service to persons or firms listed in the Spamhaus Register of Known Spam Operations database at www.spamhaus.org shall constitute a violation of this AUP.

IP Addresses
All IPs addresses issued by Global Direct Web Solutions are the sole property of Global Direct Web Solutions. Clients retain no ownership rights to any IP addresses issued by Global Direct Web Solutions. Clients may not transfer IPs from Global Direct Web Solutions. Any client purchasing over 16 IP addressed in addition to their server may be required to submit ARIN justification forms as well as submit to additional terms depending on the number of IP addresses desired. For more information about IP Addresses, please contact sales@globaldirectwebsolutions.com.

IRC/Bittorrent/P2P
IRC Usage shall be allowed unless such usage is abused or creates or enhances any type of problem(s) with Global Direct Web Solutions services or network. It is also deemed a violation of this AUP if it is determined that IRC is the cause or root of a service interruption to other users. Clients may not operate and maintain IRC servers which connect to global IRC networks such as Undernet, EFnet and DALnet. Use of IRC plug-ins, scripts, add-ons, clones or other software designed to disrupt or deny service to other users is prohibited. If a clients IRC servers are frequently compromised or attract denial of service or distributed denial of service attacks that disrupt or deny service to other clients or users, then Global Direct Web Solutions may null-route, filter, suspend, or terminate that clients service. Global Direct Web Solutions allows the use of both Peer to Peer as well as Bit Torrent, but we do not permit the transfer of illegal content.

Law Enforcement
Global Direct Web Solutions may be required by law to submit client information to law enforcement officials, when presented with a valid subpoena from a court with proper jurisdiction. In such event, the information requested is disclosed as directed pursuant to the subpoena. The safety and privacy of any client will only be compromised by the court order of a subpoena. Global Direct Web Solutions will notify the client of the information request as allowed by the subpoena.

Violation Claims
Any Claim of Violation of this AUP that is being submitted by a third party must include the name and contact information of the complaining party, the IP address from which the alleged complaint originated, and a description of the violation. This AUP applies to all users of servers provided by Global Direct Web Solutions, including without limitation the customers, clients and other users of our clients.

Global Direct Web Solutions reserves the right, at its sole discretion, to refuse new service to any individual, group, or business. Global Direct Web Solutions also retains the right to discontinue service for any client for any reason or no reason and at any time, including without limitation for violation of this AUP.

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Billing Policy

The following Terms of Use constitute Global Direct Web Solution's Billing Policy and apply to ALL Global Direct Web Solutions customers:

Payments

All charges are shown in US Dollars. Payments are to be made in US dollars. Global Direct Web Solutions accepts the following types of payment:

  • Credit Card: Visa, Mastercard, American Express, Discover

If Requested:
PayPal
AlertPay

All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated.

Customers agree to make payment of their balance due within 7 (Seven) days of the Account Statement Date.

Accounts that are thirty (30) days past due will be automatically suspended. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees.

Billing Cycles (Terms)

Global Direct Web Solutions offers one Billing Cycle (terms) for hosting charges: ( Monthly 30 days,). The Billing Cycle begins on the Plan Activation Date. Resellers are limited to the monthly Billing Cycle for all of their charges. Global Direct Web Solutions have up to 90 days to render it's services

You may not elect to change your Billing Cycle at any time. Please 'NOTE' All credit card billing invoice statements will state ( Global Direct Web Solutions )

All additional features added to an account are charged monthly. Additional items are non-refundable.

Account Renewals

In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan's Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.

Important Notice
Domain name registrations and Web hosting accounts are handled by separate entities. In the event you need to cancel, you must specify whether you would like to cancel your domain name only, your Web hosting plan only, or both your domain and hosting accounts.

The cancellation or expiration of your domain name does not automatically terminate your hosting account (or vice versa). Your hosting account billing term automatically renews upon its completion, unless you notify Global Direct Web Solutions that you would like to cancel your account.

Statements

Global Direct Web Solutions does not mail paper invoices or statements. Statements can be viewed and printed through Client Area.

Fees

  • Reactivation
    Customers that wish to reactivate a closed account will be assessed a $19.95 reactivation fee. A $99.95 fee will be assessed if Global Direct Web Solutions restores your data files to your reactivated account.

  • Hosting Plan Changes
    Customers electing to change to a lower priced hosting plan on the same platform will be charged a $19.95 downgrade fee. There is no upgrade fee for upgrading to a higher priced plan, however, you will be charged any difference between the setup fee applicable to your new and former plans.

  • Platform Change
    Customers that elect to change plans to a different operating system platform will be charged a $19.95 platform change fee.

  • Account Splits and Mergers
    Global Direct Web Solutions encourages customers to merge hosting plans contained in two or more accounts into one account. There is no fee for this service. Customers may also request that Global Direct Web Solutions separate one or more plans contained under one account into separate accounts. The fee for this service is $19.95 for each new account created and is charged to the new account. Please direct all requests for these services to: billing@globaldirectwebsolutions.com

Cancellations

Hosting plans will automatically renew until a plan is cancelled. In order to cancel service, you must contact Global Direct Web Solution's Customer Relations Team, Monday through Friday, 9:00 A.M. to 6:00 P.M. Eastern Time, at 1-877-299-9486. Global Direct Web Solution's Customer Relations Specialists will assist you with the cancellation process. Please be aware that there are no pro-rated refunds after the first 30 days of service. Non-US customers may contact Global Direct Web Solution's Billing Team via email at cancellation@globaldirectwebsolutions.com

Cancellation requests must be received by Global Direct Web Solutions a minimum of thirty (30) days prior to the end of your Billing Cycle for dedicated server plans and a minimum of ten (10) days prior to the end of your Billing Cycle for all other plans. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by Global Direct Web Solutions. Global Direct Web Solutions is unable to cancel your account effective for a future date. Global Direct Web Solutions will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact Global Direct Web Solutions as soon as possible.

Global Direct Web Solutions does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to Global Direct Web Solution's services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. Global Direct Web Solutions Corporation reserves the right to cancel any account, at any time, without notice, for any reason Global Direct Web Solutions Corporation considers appropriate.

30-Day Money Back Guarantee

Each of Global Direct Web Solution's shared hosting plans & security software and electronics carrie a 30-day unconditional money back guarantee. If you are not completely satisfied with our services and products or support within the first 30 days, you will be given a full refund of the fees paid in advance (excluding setup fees) upon plan cancellation. The following services do not qualify for the 30 Day Money Back Guarantee: additional items and services; domain name registration; dedicated servers; items and services ordered through the reseller program; domain parking plus; and overage fees.

Refund Policy

Refunds are only available in accordance with the 30 Day Money Back Guarantee. Refunds will be provided in the same payment method of the original payment. There are no refunds offered or promised after 30 days.

Billing/Price Changes

Global Direct Web Solution's policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.

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30 Day Money Back Guarantee

All Shared Hosting plans (Economy, Basic and Business) include a 30 day money back guarantee. If you are dissatisfied with your service for any reason, you will receive a full refund (minus setup fees and overage charges) if you cancel your account within 30 days of the activation of your account.

Our refund policy does not apply to any additional items or services; this includes but is not limited to POP accounts, Real Audio���®/Video���® and MySQL. Also not included are Domain Parking services, Domain Registration and Dedicated services, as well as Reseller programs. No refunds are available after 30 days. In order to cancel service, you must contact Global Direct Web Solution's Customer Relations Team, Monday through Friday, 9:00 A.M. to 6:00 P.M. Eastern Time, at (Phone# 1-877-299-9486). Global Direct Web Solution's Customer Relations��� Specialists will assist you with the cancellation process. Please be aware that there are no pro-rated refunds after the first 30 days of service. Non-US customers may contact Global Direct Web Solution's Billing Team via email at:��� billing@globaldirectwebsolutions

The 30 day money back guarantee does not apply to reseller accounts or dedicated servers, or any fees associated with these accounts. The 30 day money back guarantee does not apply to account renewals.

Accounts cancelled/terminated by Global Direct Web Solutions for violating our Terms of Service do not qualify for the 30-day money back guarantee. For example, if your account is cancelled due to spamming, you will not be given any refund.

Please allow 4-6 weeks for refunds of check or money order payments. Additional processing fees apply for T/T refunds.

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Network SLA

Global Direct Web Solutions (GDWS) guarantees a 99.9% monthly network uptime per this Service Level Agreement (from here on referred to as "SLA"). Please note that terms and conditions apply.

Global Direct Web Solutions (GDWS)' 99.9% Network Uptime SLA consists of 4 parts:

  • Global Internet Connectivity - This includes connectivity from the Global Direct Web Solutions (GDWS)' network to the outside internet.
  • Private Network Connectivity - This includes connectivity between the privately routed network within Global Direct Web Solutions (GDWS). (Global Direct Web Solutions Private Back-End Tunneling).
  • Power - This includes the power which powers the servers in the datacenter
  • Client Control Panel - This includes the accessibility of the client control panel. This SLA does not guarantee functionality of the client control panel.

Hardware SLA

  • Faulty Hardware - This includes any hardware that fails in whole or in part. Please note that 4 hour SLA is valid only after the problem has been confirmed to be faulty hardware.
  • Hardware Upgrades - if a customer purchases an upgrade, the upgrade must be complete within 4 hours once the upgrade has been scheduled. Please note that all hardware upgraded must be scheduled with support.

Network SLA Credit Chart

Global Direct Web Solutions (GDWS)' Uptime SLA Credit
99.9% and above 0%
99.8% 10%
99.7% 20%
99.6% 30%
99.5% 40%
99.4% 50%
99.3% 60%
99.2% 70%
99.1% 80%
99.0$ 90%
Below 99.0% 100%

Hardware SLA Credit Chart

Replacement/Upgrade Guarantee SLA Credit
4 Hours of Less 0%
Over 4 Hours and up to 8 Hours 20%
Over 8 Hours and up to 12 Hours 40%
Over 12 hours and up to 16 Hours 60%
Over 16 Hours and up to 20 Hours 80%
Over 20 Hours 100%

Terms and Conditions

  • Global Direct Web Solutions extends this SLA to its direct clients only. Global Direct Web Solutions is not liable for downtime caused by a reseller of its services.
  • Global Direct Web Solutions (GDWS) offers SLA credits for use in future billing cycles only. SLA credits are non-transferrable in any way. SLA credits may not be exchanged for currency of any kind.
  • Any Customer account not in good standing on payments is not eligible for SLA credit.
  • Any Customer account which has had been out of good standing on payments 3 times or more within 12 months prior to the outage is not eligible for SLA credits.
  • Any Customer server disconnected due to violation of the AUP/TOS is not eligible for SLA credit.
  • All SLA claims must be made with the sales department, and will be issued as account credits.
  • Any Customer making false SLA credit claims may be charged a $50 administrative fee per offense.
  • All SLA claims must be made within seven days of the network downtime. SLA credits may take up to 15 days to authorize, process, and post to the Customer account.
  • SLA credits may not exceed the full monthly amount of the server they are being applied to.
  • SLA credit claims can only be made by an authorized user on the account. All other unauthorized claims will be denied.
  • SLA credits may not be stacked, i.e. claiming SLA credit on both uplink downtime, as well as power downtime during the same incident.
  • In no way does the Global Direct Web Solutions (GDWS) SLA include software of any sort. Operating system reloads do not qualify in any way for an SLA credit.
  • Any form of management by Global Direct Web Solutions (GDWS) of Customer software is not eligible to be included in the Global Direct Web Solutions (GDWS) SLA. Any form of hardware reconfiguration due to software or management of software is not eligible to be included in the Global Direct Web Solutions (GDWS) SLA.
  • Faulty hardware qualifies for the Hardware SLA only when 4 hours has passed from the Global Direct Web Solutions Technician officially diagnosing the problem as being related to a particular piece of hardware. Until diagnosis is confirmed, the Hardware SLA is inactive.
  • Hardware upgrades are eligible for the Hardware SLA only after 4 Hours from the scheduled (between Customer and support) time for repair passes. All hardware upgrades must be scheduled with support in order to be eligible for the Hardware SLA. Immediate, or "as soon as possible" hardware upgrades are not eligible for the Hardware SLA.
  • Any failure outside of the Global Direct Web Solutions (GDWS) network itself, including bandwidth carrier outages, are not eligible for SLA credit.
  • Scheduled maintenance of Global Direct Web Solutions (GDWS) network is not eligible for any form of SLA credit.
  • Acts of God, including weather, natural disaster, or any other disaster outside of the control of Global Direct Web Solutions (GDWS) are not eligible for SLA credit.
  • The Global Direct Web Solutions (GDWS) SLA is subject to change or revision without notice.

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Domain Registration Agreement

1. Agreement

In this Service Agreement ("Agreement") "you" and "your" refer to each customer and "we", us" and "our" refer to Global Direct Web Solutions. This Agreement explains our obligations to you, and explains your obligations to us for our various services. By selecting our service(s) you have agreed to establish an account with us for such services. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional service(s) or to cancel your Global Direct Web Solution service(s) (even if we were not notified of such authorization), this Agreement covers such service or actions. By using the service(s) provided by Global Direct Web Solutions under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and any pertinent rules or policies that are or may be published by us.

2. Selection of a Domain Name

We cannot and do not check to see whether the domain name you select, or the use you make of the domain name, infringes legal rights of others. We urge you to investigate to see whether the domain name you select or its use infringes legal rights of others, and in particular we suggest you seek advice of competent counsel. You may wish to consider seeking one or more trademark registrations in connection with your domain name. You should be aware that there is the possibility we might be ordered by a court to cancel, modify, or transfer your domain name. You should be aware that if we are sued or threatened with lawsuit in connection with your domain name, we may turn to you to hold us harmless and indemnify us.

3. Fees, Payment and Term

As consideration for the services you have selected, you agree to pay Global Direct Web Solution the applicable service(s) fees. Registration will not be processed until payment for services is verified or received. All fees payable for domain name thereunder are nonrefundable unless we provide otherwise. This section does not apply to fees payable for Global Direct Web Solution's Web Hosting and Web Hosting services. Payment policy for Web Hosting can be found at: http://www.globaldirectwebsolutions.com/legal.php#BillingPolicy. As further consideration for the domain name service(s), you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information ("Account Information"). You hereby grant Global Direct Web Solution the right to disclose to third parties such Account Information. The Registrant, by completing and submitting the Domain Name Registration Agreement ("Registration Agreement"), represents that the statements in its application are true and that the registration of the selected Domain Name, so far as the Registrant is aware, does not interfere with or infringe upon the rights of any third party. The Registrant also represents that the Domain Name is not being registered for any unlawful purpose.

4. Modifications to Agreement

You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on Global Direct Web Solutions's Web site, or on notification to you by e-mail or by telephone or by mail. You agree to review Global Direct Web Solutions's Web site, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or by fax. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Global Direct Web Solutions services following notice of any revision to this Agreement or change in service(s), you abide by any such revisions or changes. You further agree that we, in our sole discretion, may modify our Dispute Policy at any time. You agree that, by maintaining the reservation or registration of your domain name after modifications to the Dispute Policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modifications, you may request that your domain name be deleted from the domain name database.

5. Modifications to Your Account

In order to change any of your account information with us, you must use your Account Identifier and Password that you selected when you opened your account with us. Please safeguard your Account Identifier and Password from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your Account Identifier or Password.

6. Domain Name Dispute Policy

If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by our current Domain Name Dispute Policy ("Dispute Policy") which is incorporated herein and made a part of this Agreement by reference.

7. Domain Name Disputes

You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. For any dispute, you agree to submit to the jurisdiction of the courts of your domicile, the courts of the geographic location indicated by your WHOIS information for your domain name, and the courts of the DuPage County, Illinois.

8. Agents

You agree that, if an agent for you (i.e., an Internet Service Provider, employee, etc.) purchased Global Direct Web Solution service(s) on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the Dispute Policy.

9. Announcements

We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet.

10. Limitation of Liability

You agree that our entire liability, and your exclusive remedy, with respect to any Global Direct Web Solutions services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such service(s). Global Direct Web Solution and its contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Global Direct Web Solutions services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your Account Identifier or Password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the development or interruption of your Web site or e-mail service. The registrant agrees that Global Direct Web Solution will not be liable for any loss of registration and use of registrant's domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if Global Direct Web Solution has been advised of the possibility of such damages. In no event shall Global Direct Web Solution's maximum liability exceed five hundred ($500.00) dollars.

11. Indemnity

You agree to release, indemnify, and hold Global Direct Web Solution, its contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising under this Agreement, the Global Direct Web Solutions services provided thereunder or your use of the Global Direct Web Solutions services, including without limitation infringement by you, or someone else using the Global Direct Web Solutions E-mail Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any Global Direct Web Solutions operating rule or policy relating to the service(s) provided. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. When Global Direct Web Solutions is threatened with suit by a third party, Global Direct Web Solutions may seek written assurances from you concerning your promise to indemnify Global Direct Web Solutions; your failure to provide those assurances may be considered by Global Direct Web Solutions to be a breach of your Agreement and may result in deactivation of your domain name.

12. Breach

You agree that failure to abide by any provision of this Agreement, any Global Direct Web Solutions operating rule or policy or the Dispute Policy, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name or terminate your account without further notice. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.

13. No Guarantee

You agree that, by registration or reservation of your chosen domain name, such registration or reservation does not confer immunity from objection to either the registration, reservation, or use of the domain name.

14. Disclaimer of Warranties

You agree and warrant that the information that you provide to us to register or reserve your domain name or register for other Global Direct Web Solutions service(s) is, to the best of your knowledge and belief, accurate and complete, and that any future changes to this information will be provided to us in a timely manner according to the modification procedures in place at that time. You agree that your use of our Global Direct Web Solutions service(s) is solely at your own risk. You agree that such service(s) is provided on an "as is," "as available" basis. Global Direct Web Solutions expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Global Direct Web Solutions makes no warranty that the Global Direct Web Solutions service(s) will meet your requirements, or that the service(s) will be uninterrupted, timely, secure, or error free; nor does Global Direct Web Solutions make any warranty as to the results that may be obtained from the use of the service(s) or as to the accuracy or reliability of any information obtained through the Global Direct Web Solutions e-mail service or that defects in the Global Direct Web Solutions service(s) software will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Global Direct Web Solutions service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. Global Direct Web Solutions makes no warranty regarding any goods or services purchased or obtained through the service or any transactions entered into through service. No advice or information, whether oral or written, obtained by you from Global Direct Web Solutions or through the service shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

15. Revocation

You agree that we may delete your domain name or terminate your right to use other Global Direct Web Solutions service(s) if the information that you provided to register or reserve your domain name or register for other Global Direct Web Solutions service(s), or subsequently to modify it, contains false or misleading information, or conceals or omits any information we would likely consider material to our decision to register or reserve your domain name. You agree that we may, in our sole discretion, delete or transfer your domain name at any time.

16. Right of Refusal

We, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain name or register you for other Global Direct Web Solutions service(s), or to delete your domain name within thirty (30) calendar days from receipt of your payment for such services. In the event we do not register or reserve your domain name or register you for other Global Direct Web Solutions service(s), or we delete your domain name or other Global Direct Web Solutions service(s) within such thirty (30) calendar day period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to register or reserve, or delete your domain name or register you for other Global Direct Web Solutions service(s).

17. Severability

You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.

18. Non-Agency

Nothing contained in this Agreement or the Dispute Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

19. Non-Waiver

The failure of Global Direct Web Solutions to require performance by the Registrant of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Global Direct Web Solutions of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

20. Notices

Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to have been given when an electronic confirmation of delivery has been obtained by the sender, in the case of notice to us to nic@Global Direct Web Solutions. Mail shall be sent to: Global Direct Web Solution Corp., 100 N Riverside, Suite 800, Chicago, IL 60606, and to you at the mailing address provided in your application or as updated from time to time. Any e-mail communication shall be deemed to have validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. CST and otherwise on the next business day. Any communication sent via regular mail shall be deemed to have been validly and effectively given 5 business days after the date of mailing.

21. Entirety

You agree that this Agreement, the rules and policies published by Global Direct Web Solutions and the Dispute Policy are the complete and exclusive agreement between you and us regarding our Global Direct Web Solutions services. This Agreement and the Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.

22. Governing Law

You agree that this Agreement shall be governed in all respects by and interpreted in accordance with the laws of the State of Maine and the federal laws of the Unites States of America applicable therein without reference to rules governing choice of laws. Any action relating to this agreement must be brought in the County of Hancock courts located in Hancock County, Maine and you irrevocably consent to the jurisdiction of such courts.

23. Infancy

You attest that you are of legal age to enter into this Agreement.

24. Acceptance of agreement

You acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the affiliate network and are not relying on any representation, guarantee or statement other than as set forth in this agreement.

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Uniform Domain Name Dispute Resolution Policy

As Approved by ICANN on October 24, 1999

1. Purpose

This Uniform Domain Name Dispute Resolution Policy (the "Policy") has been adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (Global Direct Web Solution Corporation) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), and the selected administrative-dispute-resolution service provider's supplemental rules.

2. Your Representations

By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else's rights.

3. Cancellations, Transfers, and Changes

We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances: a. subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action; b. our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or c. our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.) We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements

4. Mandatory Administrative Proceeding

This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at http://www.icann.org/udrp/approved-providers.htm (each, a "Provider"). a. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that (i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and (ii) you have no rights or legitimate interests in respect of the domain name; and (iii) your domain name has been registered and is being used in bad faith. In the administrative proceeding, the complainant must prove that each of these three elements are present. b. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith: (i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or (ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or (iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or (iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your Web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your Web site or location or of a product or service on your Web site or location. c. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii): (i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or (ii) you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or (iii) you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue. d. Selection of Provider. The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f). e. Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the "Administrative Panel"). f. Consolidation. In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN. g. Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant. h. Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel. i. Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant. j. Notification and Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision. k. Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel's decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel's decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.

5. All Other Disputes and Litigation

All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.

6. Our Involvement in Disputes

We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.

7. Maintaining the Status Quo

We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.

8. Transfers During a Dispute

a. Transfers of a Domain Name to a New Holder. You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph. b. Changing Registrars. You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.

9. Policy Modifications

We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.

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Compensation and Affiliation Affidavit

As per mandates from FEDERAL TRADE COMMISSION, 16 CFR Part 255 - Guides Concerning the Use of Endorsements and Testimonials in Advertising, the purpose of this document is to establish the compensatory affiliation with (G.D.W.S..) and (YOU.)

(YOU) affiliated with (G.D.W.S..) as the Owner and therefore has an established connection with (GLOBAL DIRECT WEB SOLUTIONS.) However, the review and comments on this page are to the best of our knowledge the true statements and beliefs of (YOU) and any claims made can be substantiated on request at customerservice@globaldirectwebsolutions.com

As owner (YOU) receive compensation from the sales of (G.D.W.S. SERVICES)

Some or all of the Endorsers used in the promotion of (GLOBAL DIRECT WEB SOLUTIONS SERVICES) have received complimentary (OR) commisions from (G.D.W.S. SERVICES) in return of Endorsement type Testimonials

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Privacy Policy

In common with other websites, log files are stored on the web server saving details such as the visitor's IP address, browser type, referring page and time of visit.

Cookies may be used to remember visitor preferences when interacting with the website.

Where registration is required, the visitor's email and a username will be stored on the server.

How the Information is used

The information is used to enhance the vistor's experience when using the website to display personalised content and possibly advertising.

E-mail addresses will not be sold, rented or leased to 3rd parties.

E-mail may be sent to inform you of news of our services or offers by us or our affiliates.

Visitor Options

If you have subscribed to one of our services, you may unsubscribe by following the instructions which are included in e-mail that you receive.

You may be able to block cookies via your browser settings but this may prevent you from access to certain features of the website.

Cookies

Cookies are small digital signature files that are stored by your web browser that allow your preferences to be recorded when visiting the website. Also they may be used to track your return visits to the website.

3rd party advertising companies may also use cookies for tracking purposes.

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Global Direct Web Solutions (GDWS)
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