Legal Documents: Table of ContentsBelow are the different sections of our legal documents. |
Terms of ServiceClients 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' ResponsibilitiesGlobal 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 AUPGlobal 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 InterruptionServices 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. CancellationsGlobal 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. FraudIn 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; IndemnificationWE 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. SupportGlobal 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 PolicyGlobal 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:
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:
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 ComplaintsGlobal 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:
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/OveragesClients 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 VerificationClients 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. PublicityGlobal 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 NotificationsYour 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 AgreementThis 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 DisputesYou 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. |
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. Statement of Purpose Regarding Ultimate Liability Network Misuse Sabotage Private Backbone Network (Global Direct Web Solutions Private Tunnel) Network Security Monitoring Policy Blacklist Policy IP Addresses IRC/Bittorrent/P2P Law Enforcement Violation Claims 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. |
Billing PolicyThe following Terms of Use constitute Global Direct Web Solution's Billing Policy and apply to ALL Global Direct Web Solutions customers: PaymentsAll charges are shown in US Dollars. Payments are to be made in US dollars. Global Direct Web Solutions accepts the following types of payment:
If Requested: 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 RenewalsIn 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 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. StatementsGlobal Direct Web Solutions does not mail paper invoices or statements. Statements can be viewed and printed through Client Area. Fees
CancellationsHosting 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.comCancellation 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 GuaranteeEach 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 PolicyRefunds 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 ChangesGlobal Direct Web Solution's policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle. |
30 Day Money Back GuaranteeAll 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. |
Network SLAGlobal 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:
Hardware SLA
Network SLA Credit Chart
Hardware SLA Credit Chart
Terms and Conditions
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Compensation and Affiliation AffidavitAs 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 |
Privacy PolicyIn 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 usedThe 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 OptionsIf 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. CookiesCookies 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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