Terms
All users of Globalwindhost services, and all customers upon signing up for Globalwindhost services, agree to comply with Globalwindhost Terms of Use ("TOU"). The spirit of the TOU is to ensure customers are using Globalwindhost services with due regard to the rights of other Internet users and in conformity with the requirements of Globalwindhost network environment. The TOU are not exhaustive and Globalwindhost reserves the right to add, delete, or modify any provision of its TOU at any time without notice, effective upon either the posting of the modified TOU to www.Globalwindhost.com or notification of the modified TOU. Any complaints about a customer's violation of the TOU should be sent to abuse@Globalwindhost.com.
Please see our abuse terms for more details on abuse policy and our new Unlimited Plan Quota.
When you agree to the terms, you are also agreeing to our Billing terms. Click here for more info on our billing terms. Except when expressly agreed to the contrary in writing by an authorized representative of Globalwindhost, this TOU supersedes any other agreement with Globalwindhost, whether written, oral, by conduct, or otherwise
Globalwindhost Web Hosting Customer Restrictions
Server Resources
Any Web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to reduce the resources used to an acceptable level, or upgrade its service to a VPS plan. Globalwindhost will be the sole arbiter of what is considered to be a high server usage level. Please see our abuse terms for a detailed listing of our resources. Any Web Hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
Spamming
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Globalwindhost customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a Globalwindhost server, and selling or distributing software (on a Web site residing on a Globalwindhost server) that facilitates spamming. Violators will face immediate suspension. Globalwindhost reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
Uptime Guarantee
Globalwindhost.com guarantees that your website will be up and running at least 99.9% of the time during any given 12-month period. This guarantee includes network uptime, server uptime, web server and service uptime. It does not cover any areas where Globalwindhost.com has no direct influence, such as backbone provider failures, fibre-optic main line cuts, DNS or Domain Registrar issues with subscriber's domain name, connection issues between the client's location and Globalwindhost.com data center. This uptime guarantee is also not applicable if the service interruption was caused by external issues such as Acts of God, Wars or any other natural or unnatural events that Globalwindhost.com cannot directly influence.
IRC
Globalwindhost does not allow IRC or IRC bots to be operated by Web Hosting and Ecommerce customers.
Software Distribution & Gaming
Globalwindhost Web Hosting and Ecommerce accounts are not configured for the purposes of distributing software and/or multimedia products. This includes but is not limited to file sharing, torrents, warez, and pirated material.Running any online gaming is prohibited due to intense CPU and memory usage.
Ownership of Web Site
The legal owner of customers' Web sites and accounts with Globalwindhost will be the individual or organization whose name is listed in Globalwindhost database as the owner. Customers will fully cooperate with and abide by any and all of Globalwindhost security measures and procedures in the event of any dispute over ownership of customers' Web sites and accounts with Globalwindhost
Illegal Use
Globalwindhost servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing Globalwindhost services, all Globalwindhost customers certify that they and/or the organization they represent in procuring services from Globalwindhost are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
Copyright Violations
The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All Globalwindhost customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a Globalwindhost customer (per the DMCA) to Globalwindhost must follow the below procedures. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at Globalwindhost sole discretion.
DMCA Copyright Infringement Notification Requirements:
- Physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant").
- Identification of the copyrighted work(s) claimed to have been infringed.
- Identification of the material claimed to infringe the copyright(s), and enough information for Globalwindhost to locate it including URLs and specific descriptions of the infringing material at each URL.
- The Claimant's name, address, and telephone number(s).
- A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
- A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
- Send the notification via mail to:
Globalwind Networks
#16 1st chaple lane
Wellawatta, Colombo,
Sri Lanka,00600
The DMCA contains very specific guidelines as to what proper notification of claimed infringement must contain. Copyright owners may obtain a copy of the DMCA, including these guidelines, by visiting the web site of the U.S. Copyright Office at http://www.copyright.gov/title17/92chap5.html#512.
Globalwindhost is not required to respond to notices that do not meet the requirements of the DMCA. Copyright owners should be aware that there are substantial penalties for false claims and that Globalwindhost will actively refer complainants who use the DMCA for improper purposes to relevant law enforcement agencies.
In the event that Globalwindhost must remove, or disable access to, material on your web site that is alleged to infringe another's copyright under the DMCA, you acknowledge and agree that Globalwindhost may do so by disabling access to your entire web site.
Child Pornography and Pornography
The use of Globalwindhost services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Globalwindhost is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services
Disclaimer
The Globalwindhost service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Globalwindhost expressly disclaims any representation or warranty that the Globalwindhost service will be error-free, secure or uninterrupted. No oral advice or written information given by Globalwindhost, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Globalwindhost and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
Modifications
Globalwindhost may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Globalwindhost services. Certain changes to Globalwindhost services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and Globalwindhost is not liable, for any and all such personalized applications and content, except as expressly agreed to by Globalwindhost.
Backup of Data
Except where Globalwindhost has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and Globalwindhost is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with Globalwindhost services. Globalwindhost servers are also NOT be used as a backup storage and is only intented for hosting web files.
Complete Agreement and Exclusivity
The TOU, and/or any other specific agreement for Globalwindhost services, constitutes the complete understanding and agreement between Globalwindhost and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Globalwindhost, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for Globalwindhost services is between Globalwindhost and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Globalwindhost.
Refusal of Service
We reserve the right to refuse, cancel or suspend service at our sole discretion, including but not limited to spamming and the abuse of staff or our servers. All sub-networks, distributive hosting sites of Globalwindhost.com must adhere to the above policies.
Billing and Renewal Terms
We list out a complete and detailed term for our billing terms. Click here for more info on our billing terms
Third Party Providers
You agree that certain services may be provided by third party providers of Globalwindhost and that your use of such services may be subject to further agreements, policies, terms, and conditions in addition to those contained or referenced in this Agreement.