| Global SMIHost ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). From herewith in this TOS and AUP, the usage of "us", "we", "our", "ours" shall constitute reference to Global SMIHost, the usage of "you", "your", "they", "them" shall refer to client / customer of Global SMIHost.
Use of company services constitutes acceptance and agreement to the company's AUP as well as the company's TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service) of Global SMIHost and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment. |
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| Disclosure : |
| The AUP specifically prohibits the use of our service for illegal activities. The Company will only disclose subscriber information including assigned IP numbers, account history, account use, etc. to a law enforcement agent or official that provides an authentic subpena. |
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| IP Ownership : |
| If we assign a Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to us, and Customer shall have no right to use that Internet Protocol address except as permitted by us at our sole discretion in connection with the Services, during the term of this Agreement. We shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by us, and we reserve the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. |
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| Contact & Billing Information : |
| You must provide us with, and keep current, good contact information for you. E-mail and telephone contacts are required, fax contact information is encouraged. |
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| Domain Registrations and New Orders : |
| You are also requesting us to register your site for you when selecting "new domain" in the order form of our site. We will use appropriate registrar to register such services for you on your behalf and ensure the correct name servers are used saving you time and money. All domain registrations are NON-REFUNDABLE. |
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| Billing and Fees: |
| Subsequent payments are due on the anniversary date of the month for that month's service. Payment must be clear before and not after the due date. Service might be interrupted on accounts that reach 5 days past due and reconnection fee applies for suspended account. |
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| Refunds : |
| All domain name registrations and hosting services are non-refundable. |
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| SLA and Credit for uptime : |
| All users are subject to the terms off this TOS (terms of service), our AUP (acceptable use policy), and our SLA (service level agreement). |
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| Liability and Warranty : |
| We are not responsible for any damages your business may suffer. We do not make implied or written warranties for any of our services. Global SMIHost denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by us. The client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, client agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. You further acknowledge that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by the client for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury. |
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| Refusal of Service : |
| We reserve the right to refuse, cancel, or suspend service at our sole discretion. |
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| Modifications : |
| These terms may be modified at any time with notice. All users are always subject to the newest terms posted here at all times. It is the end users responsibility to be aware of the latest terms of service and other policies at all time. It is our responsibility to provide these policies in a ready and readable form. We will, when possible, elect to notify clients of updates or changes to our policies in various mediums available including but not limited to; email, forums, ticket systems, and chats. |
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