Terms and Conditions of Service
Dedicated Internet Access Terms and Conditions
This Exhibit applies to Global IT Communications, Inc. & Internet T1’s provision and Customer's use of the DEDICATED INTERNET ACCESS SERVICE and is hereby incorporated into and made part of that this certain Agreement dated Jan-2012.
1.0 SERVICE DESCRIPTION1.1 Dedicated Internet Access ("DIA") Service is a dedicated Internet access service that is transported across Global IT Communications (GLOBAL IT) data network to the Internet. DIA Service is available in two configurations:
- 1. Dedicated T1 1.544 MB DS1 up to 10 Mbps Port and local loop circuit from End User Premises to GLOBAL IT or carrier POP, with standard demarcation extension; or
- 2. Ethernet Internet 3.0Mbps up to 10,000Mbps (10Gbps), Copper or Fiber Port located at the GLOBAL IT / Internet T1 or carrier POP, with standard demarcations extension.
The following optional items are available with DIA Service:
BGP, Manage Enterprise Routers, Managed Firewall, Managed VPN, LAN technical support services
DIA Service, unless otherwise noted, is provided to Customer by GLOBAL IT directly or indirectly through national carrier relationships and available in each applicable state.
2.1 Customer shall pay the applicable rates for DIA Services as set forth with the Sales Order Agreement, which is incorporated herein by reference and which may be modified from time to time.
2.2 Invoices must be current, up to date and billing disputes must be submitted within 30 days of invoice date. Failure to keep account current will result in late charge of 5% the first month. Customer may be subject to service suspension if account is not current within 35 days of invoice due date or to avoid service suspension, credit card on file may be auto charged. If the customer’s account is suspended, reconnections fee will apply. These fees are shown below in section 2.4.
2.3 Unless otherwise stated customer is responsible for all customers LAN/WAN and any non GLOBAL IT/Internet T1 managed equipment. GLOBAL IT call out rate is $150/hr + ($50) travel fees for any customer network support or changes where a GLOBAL IT technician is required to be on site and trouble shoot or fix a problem not directly related to the GLOBAL IT Internet service provided herein.
2.4 Reconnect charges: Should service be suspended for breach of our terms and conditions, a reconnect fee of $500 will be applied to your account for restoring services. Your account balance must be current and any applicable terms and conditions must be fulfilled or rectified prior to service being restored.
2.5 Bandwidth Overage Rate is made known on the sales order agreement and invoice. The overage rate will be a premium rate over the monthly committed bandwidth amount. The client account will be invoiced for any bandwidth used over the monthly committed allocated amount. Unless otherwise negotiated, if customer continues to burst more than 100% overutilization over the committed rate for more than a 24 hour period the following options will apply:
- 1. GLOBAL IT/Internet T1 will cap the bandwidth to approved limits.
- 2. Customer has the option to reduce the traffic.
- 3. Customer will be asked to increase monthly commitment value.
- 4. Customer will be asked to pay a deposit in order to compensate for the additional bandwidth usage.
3.0 TERM3.1 DIA Services ordered shall have a minimum term of three (3) year from the applicable DIA Start of Service Date, unless otherwise stated on the Sales order Agreement (SOA). Customer/Party must notify GLOBAL IT in writing not less than thirty five (35) days prior to the expiration of the original or renewal term that it intends not to renew the DIA Service, the DIA Service shall automatically renew for the same service Term at the same pricing, terms, and conditions as set forth herein.
4.0 INSTALLATION OF SERVICE4.1 Upon delivery of the DIA Service to Customer, Customer shall have seventy-two (72) hours to inspect and test all deliverables, and thereafter accept or reject all or a portion of such deliverables in Customer's reasonable and good faith discretion. Upon notice of rejection by Customer, GLOBAL IT shall have reasonable time to correct any defects and re-deliver the DIA Service to Customer for inspection, testing and acceptance. Unless notice of rejection is provided to GLOBAL IT prior to the expiration of the seventy-two (72) hour inspection and testing period, the deliverables will be deemed accepted by Customer as of the date of acceptance by Customer as set forth in this Section 4.1, billing for DIA Service and the Term of the Customer Order shall commence.
4.2 GLOBAL IT will install high-speed telecommunications circuit(s), applicable premises equipment, and reasonable and customary inside wiring to extend the circuit from the End User building minimum point of entry ("MPOE") to the demarcation point in the End User's premises. The demarcation point is the area of the End User's premises where telephony services are commonly terminated and nearest to where GLOBAL IT’s facilities enter End User's building. Customer shall provide to GLOBAL IT a local End User premises contact and backup contact to coordinate access to the End User's building telephone closet as required during the installation process.
Standard installation of DIA Service, as set forth above, does not include core drilling or wiring extensions for excessive distances from the MPOE to the demarcation point, installation of new conduit or water proofing shielding, installation of aerial circuit runs, hazardous materials or the like, as determined by GLOBAL IT in its sole discretion. End User is responsible for all efforts, including any and all costs associated therewith, required to connect their network device from the demarcation point.
4.3 Customer is responsible for informing their End Users of applicable ILEC and GLOBAL IT FOC dates and when any required Customer premises equipment will be ready for activation. Customer shall call their GLOBAL IT representative and coordinate activations once the Customer premise equipment is installed at the End User's premises. Customer will be able to initiate IP connectivity between the GLOBAL IT network and the Customer premise equipment installed at End User's premises during this call. Failure of Customer or End User to initial IP connectivity will not delay the commencement of billing as set forth more specifically in Section 4.0 herein.
5.0 ACCEPTABLE USE POLICY AND USE OF INTERNET SERVICES5.1 Customer acknowledges that it has reviewed the GLOBAL IT Acceptable Use Policy ("AUP") which may be found at: (http://www.GlobalIT.com/legal/statement.html) and agrees to be bound by the then current version of the AUP. The terms and conditions of the AUP, which may be updated from time to time, are hereby incorporated by reference and made a part of this Agreement. The Customer agrees to check back to the AUP website periodically to review any changes to the AUP.
5.2 Use of DIA Services is limited to Customer, and its End Users, including, without limitation, Customer's employees and customers. Customer shall notify GLOBAL IT within five (5) days of any notices that are served on Customer that might adversely affect GLOBAL IT, including but not limited to notices of any claims or proceedings that involve the DIA Services. Customer shall promptly notify GLOBAL IT of any errors, "bugs", or problems with the DIA Services of which Customer becomes aware. GLOBAL IT exercises no control over, and accepts no responsibility for, the content of the information passing through GLOBAL IT’s and/or Carrier’s host computers, network hubs and POPs (the "GLOBAL IT Carrier’s Network"). GLOBAL IT MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, FOR THE DIA SERVICES AND EQUIPMENT IT IS PROVIDING AND DISCLAIMS ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Use of any information obtained via the GLOBAL IT Network is at Customer's and End User's own risk. GLOBAL IT specifically denies any responsibility for the accuracy or quality of information obtained through its DIA Services.
6.0 CUSTOMER NOT READY/CANCELLATION CHARGES6.1 In addition to its rights under the Agreement, GLOBAL IT reserves the right to terminate or cancel Service Orders if Customer or its End User is not ready to accept Service ("CNR") under the following circumstances:
(ii) In the event of a second CNR, GLOBAL IT reserves the right to immediately cancel the applicable Service Order immediately and without liability or any further obligation.
If a Service Order is cancelled due to CNR, Customer shall upon demand by GLOBAL IT pay GLOBAL IT’s published non-recurring charge for such Service (even if the non-recurring charge was waived) plus any third-party costs incurred by GLOBAL IT.
6.2 If a Circuit is cancelled after the Service Order is accepted by GLOBAL IT, but prior to the Start of Service Date, Customer shall pay one (1) month's recurring charges, plus any applicable service ordering and installation charges. It is agreed that GLOBAL IT’s damages in the event of Circuit cancellation shall be difficult or impossible to ascertain. This provision is intended, therefore, to establish liquidated damages in the event of cancellation and is not intended as a penalty.
7.0 EARLY TERMINATION CHARGES7.1 If a Customer cancels Service after an agreement is signed and facilities have been ordered, customer is liable for One (1) months service plus any provisioning costs applicable with cancelling facilities not to exceed $2,000 per T1 plus any technician/labor costs. If a Customer cancels Service after installation then customer is liable for the remaining months monthly charges based on the term agreed on. (Example, 12 Month agreement, customer is in service = 9 months, therefore customer will be liable for 3 months service Monthly charges). In addition to any installation/disconnection fees, technician charges and collection charges related to disconnecting customers service. It is agreed that GLOBAL IT’s damages in the event of a Circuit termination shall be difficult or impossible to ascertain. This provision is intended, therefore, to establish liquidated damages in the event of disconnection and is not intended as a penalty. GLOBAL IT will move the service to customer new location, should customer decide to move. An applicable $500 one time move charge will be applied for move requests.
8.0 NETWORK NUMBERS/DOMAIN NAME POLICY8.1 Customer agrees to the Network Number and Domain Name Policies established by GLOBAL IT, which fall under the GLOBAL IT AUP, located at (http://ww.GLOBAL IT.com/legal/statement.html). In all instances, GLOBAL IT Domain Name and TCP/IP Addresses that are provided pursuant to the Agreement remain GLOBAL IT and it’s carriers property, and upon termination of DIA Services, use of such by Customer will terminate. Unless otherwise mutually agreed to in writing by the Parties, Customer at all times has responsibility for maintaining its own Domain Name when purchasing DIA Services and for paying all charges associated with the Domain Name, including charges billed to Customer for Domain Name registration by third parties. GLOBAL IT has sole discretion as to the Internet routing of GLOBAL IT and carrier provided IP addresses.
9.0 SOFTWARE LICENSE9.1 Customer agrees not to reproduce, modify, translate, transform, decompile, reverse engineer, disassemble, or otherwise determine or attempt to determine source code from any GLOBAL IT or third party software, or to permit or authorize a third party to do so. Title to such software, and all related technical know-how and intellectual property rights therein are and shall remain the exclusive property of GLOBAL IT and/or its suppliers. Customer shall not take any action to jeopardize, limit or interfere in any manner with GLOBAL IT and its supplier's ownership of and rights with respect to any licensed software.
"AS IS" WITH NO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NOTHING HEREIN SHALL BE INTERPRETED TO ENHANCE OR CREATE ANY WARRANTY WITH RESPECT TO ANY THIRD PARTY SOFTWARE. GLOBAL IT DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF THE DELIVERY, INSTALLATION, SUPPORT OR USE OF ANY SOFTWARE. GLOBAL IT ASSUMES NO OBLIGATION TO CORRECT ERRORS IN ANY SOFTWARE. CUSTOMER UNDERSTANDS AND ACCEPTS ALL RESPONSIBILITY FOR ANY SOFTWARE MEETING CUSTOMER'S REQUIREMENTS OR EXPECTATIONS.
10.0 LIMITATION OF LIABILITY10.1 NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM CUSTOMER'S OR END USER'S USE OF THE GLOBAL IT NETWORK AND THE INTERNET SERVICE INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES FOR LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES OR SERVICE INTERRUPTIONS. Notwithstanding any other provision hereof, Customer's sole remedies for any claims relating to this DIA Service or the GLOBAL IT Network are set forth in Article 10 of the Agreement.
10.2 Customer expressly agrees that GLOBAL IT shall not be liable for any action GLOBAL IT takes to remove or restrict access to obscene, indecent or offensive content made available by Customer, nor for any action taken to restrict access to material made available in violation of any law, regulation or rights of a third party, including but not limited to, rights under the copyright law and prohibitions on libel, slander and invasion of privacy.
11.0 INDEMNIFICATION11.1 Customer agrees to indemnify, defend and hold GLOBAL IT and its officers, directors, employees, agents, Affiliates and suppliers harmless from and against any claims, actions, demands, losses, damages and expenses, including attorney's fees, relating to any violation of this Agreement, including but not limited to a breach or failure of any representation or warranty contained in this Agreement by Customer, its End Users, or other users of its account, the placement or transmission of any message, information, software or other materials on the Internet by Customer or End Users of Customer's account, a violation of the GLOBAL IT AUP or Customer's traffic being processed through the GLOBAL IT switch, port or node. This indemnification shall survive the termination of the Agreement.
You must agree to our terms and conditions prior to accepting service with us.
Website Hosting Terms and Conditions
These terms and conditions, with the aid of a sales order agreement is a binding contract between you and Internet T1, Global IT Communications, Inc. All clients must approve our terms and agree to abide by these policies. All clients must also warrant that they are at least 18 years of age, and that they have the right and authority to bind them, or the company that they represent, to the terms of these Terms and Conditions. These Terms and Conditions may be modified from time-to-time. All clients agree to be bound by these modifications. The most recent version of the Terms and Conditions can always be found here.
While we facilitate your business on the Internet, we only have control of the products and services we provide directly, and are not liable for your actions, the actions of our third party service providers, or the actions of individuals who use your products and services (End Users).
Internet T1 & Global IT Communications, Inc. provides a number of services to its customers. The services and products provided to you can be found on our websites, http://Internett1.com & http://www.globalit.com . We provide our Services to you based on the description of them on our websites as of the Effective in Service Date. Should our website change subsequent to the Effective Date, we have no obligation to modify the Services to reflect such a change.
Certain Services may be provided by third parties. These third parties may have reserved the right to make changes, including material changes, to the services provided by them. We will use commercially reasonable efforts to inform you of those changes. However, you may not terminate these terms and conditions based on such a change by a third party.
Domain Name Services
We resell domain names. When you apply to register a domain name, your request is transmitted to one of our registrars (Primary Godady.com). You are bound by the registrar’s domain name registration policies and procedures. These policies and procedures are available on the Godaddy.com website http://godaddy.com. Because there is often a period of time between your registration request and the actual registration of the domain name, we do not guarantee that your registration domain name will be registered.
We will use commercially reasonable efforts to register or update domain names. However, circumstances beyond our control, such as billing issues, may result in your domain name failing to register, or to lapse. Our liability in such a case is limited by paragraph 12 below. For this reason, it is your obligation to ensure that your domain name does not lapse.
Virtual Private Server
If you purchase Virtual Private Server services from us, you also agree to be bound by Part B of this agreement which provides additional terms and conditions that govern our Virtual Private Server services. Part B supplements these terms and conditions. Its provisions do not replace it.
Please review paragraph 3(b) of the cPanel End User License Agreement (http://www.cpanel.net/eula.html). It is expressly incorporated into these terms and conditions by reference.
2. Contact Information
You are required to provide us with accurate information when setting up your account, during the course of our relationship, and when corresponding with us. On occasion, we may need to communicate with you by e-mail about the Services. You agree to maintain a working e-mail address that is monitored daily. We have no responsibility, or liability, for interruptions in the Services, or damages of any sort, based on communications that are misdirected as a result of your failure to provide us with updated contact information.
All prospective customers are subject to a credit check and screening for potential fraud. We are not bound by these terms and conditions until these procedures are completed to our satisfaction.
The "Effective Date" of these terms and conditions will be the day on which we receive payment from you.
These terms and conditions will begin on the Effective Date and continue for the term set out on the sales order agreement or SOA page describing the Services (Initial Term). After the expiration of the Initial Term, these terms and conditions will renew for successive periods of equal length (Renewal Term). If the page describing the Services does not contain an Initial Term, the Initial Term shall be one year.
Your invoice is generated on the 25th or 4th of each month and the due date is 15 days later. Your credit card account will be charged on the 7th day of each month. You are responsible for the fees and charges set out on the page describing the Services you have purchased, according to the terms set out on that page. In addition, certain aspects of the Services may be billed by third parties to you, through us. All of these are referred to collectively as "Fees."
Our obligation to provide the Services is contingent on your payment of the Fees by the Due Date without set off or deduction. Fees may not appear on your invoice immediately after a Service is rendered. Fees will be past due, and your account may be suspended, if we attempt to charge your credit card and are unable to collect the Fees.
Should your account be suspended for any reason, Fees will continue to accrue. To reinstate your account, you will be required to pay any fees levied on us by our financial institution plus a $75 administrative fee for Websites and email accounts, $350 for virtual servers and dedicated servers. In order for us to review and potentially credit your account, you must inform us in writing of any Fee disputes at least 5 days before the Due Date.
Either party may terminate the services by providing written notice to the other no later than 35 days from the expiration of the Initial Term or Renewal Term.
We reserve the right to immediately terminate these terms and conditions, and suspend or cancel the Services: (i) for a violation of any of our policies, including those incorporated by reference; and/or (ii) your failure to pay any amounts due. This right of termination is without prejudice to any other rights we may have. You are not entitled to any type of notice or protest should we exercise these rights.
Upon termination, your account will be closed. We have no responsibility to forward e-mail, or other communications, for you once your account is closed. You are encouraged to keep the Service active during a transition period should you seek to forward your e-mail or other communications.
One party may also terminate these terms and conditions upon the occurrence of a material breach, which has not been cured by the other party within 10 days of their receipt of written notice of the breach. For the purposes of defining a material breach, materiality shall be determined from the perspective of a reasonable business person with significant experience in Internet business. Notices of material breach must contain sufficient detail for the party against whom the assertion of material breach is directed to identify the breach and attempt to take corrective action.
We require a minimum 35 day notice to cancel your services; this time allows us to prepare for closing your account and settle any outstanding invoices or credits. You may cancel this Agreement at any time providing the initial term has been met and by providing written notice to us through email entitled "Termination" please send to support@Internett1.com. It is important to note that if the Order Form contains a term commitment, you will be responsible for all termination charges based on your cancellation. The fact that you cancel this Agreement does not relieve you of responsibility for these charges. If you have a term agreement with us, we strongly suggest you contact us prior to canceling to determine what your cancellation obligations will be.
7. Money Back Guarantee
Hosting services carry an unconditional 30 day satisfaction guarantee. To cancel your hosting services and receive a refund, you must contact us within 30 days from the Effective Date of the particular Services you wish to cancel. Only your monthly fees are refundable. Set up, domain name registration, SSL Certificate, and other one-time fees are not refundable. If you paid us by credit card we will credit the card on file, Paypal payments will be refunded on-line.
Dedicated server accounts are not covered by our 30 day satisfaction guarantee.
8. Use of the Services
The terms "unlimited" and "unmetered" are defined by our experience with similarly situated customers. This means that your use of our resources may not exceed that of similarly situated customers. In particular, you may not use our services for the primary purpose of:
- Audio/Video streaming (other than that which is incidental to a site's operation)
- Excessive Large photo galleries
- Storage of a large amount of uncompressed or full-size digital images
- Online backups
- Online file (FTP) serving
- Distribution of content such as MP3 files
You may not place excessive burdens on our CPUs, servers or other resources, including our customer support services. You understand that bandwidth, connection speeds and other similar indices of capacity are maximum numbers. Consistently reaching these capacity numbers may result our need to place restrictions on your use of the Services. You agree that we may place restrictions on your use of the Services or customer support services to the extent that they exceed the use of these resources by similarly situated customers.
Shared web hosting accounts are allowed to use a maximum of 300,000 inodes.
You agree to cooperate with us to facilitate your use of the Services. This cooperation includes, but is not limited to, providing us with correct contact and billing information and ensuring that you, your employees, and/or agents have sufficient technical expertise to understand how to implement the Services.
You are responsible for all long distance and/or connection charges associated with the Services. You are responsible for the Fees once our Services are made available to you. It is your responsibility to ensure that you can connect with us to use the Services.
9. Licenses and Intellectual Property
Internet T1 grants to you a non-exclusive, non-transferable, worldwide, royalty free license to use technology provided by Internet T1 solely to access and use the Services. This license terminates on the expiration or termination of these terms and conditions. Except for the license rights set out above, this license does not grant any additional rights to you. All right, title and interest in InternetT1’s technology shall remain with Internet T1, or Internet T1 licensors. You are not permitted to circumvent any devices designed to protect Internet T1, or its licensors', ownership interests in the technology provided to you. In addition, you may not reverse engineer this technology.
We may provide technical support, implementation, customer service or administrative information to you. This information is not confidential. We may use this information, as well as aggregate information gleaned from the operation of our business in general, to improve, or create new products and services. We shall be the exclusive owners of this intellectual property. You waive any rights you may in this intellectual property, and assign all right, title and interest in it to us.
You grant Internet T1, and any third parties used by Internet T1 to provide the Services, a non-exclusive, non-transferable, worldwide, royalty free license to use, disseminate, transmit and cache content, technology and information provided by you and, if applicable, End Users, in conjunction with the Services. This license terminates on the expiration or termination of these terms and conditions. All right, title and interest in your technology shall remain with you, or your licensors.
10. Internet T1's Representations and Warranty
Internet T1 warrants that it will perform the Services in accordance with other similarly situated companies. To make a warranty claim, you must notify Internet T1 in writing within 30 days of the date Internet T1's alleged breach. Your exclusive remedy, and Internet T1's sole obligation, in the case of a breach of warranty is, at Internet T1's option, to (i) re-perform the Services; or (ii) issue you a credit based on the amount of time the Services were not in conformity with this warranty, subtracted ("pro-rated") by the amount of time they were in conformance. For the purposes of Internet T1's warranty, the following issues shall not constitute services within the definition of "similarly situated companies": up-time, "up-time guarantees" or other items for which Internet T1 provides a service level agreement, regardless of whether a service level agreement is, or was, available for the Services.
Services provided by third parties are expressly excluded from this warranty.
11. Your Representations and Warranties
You represent and warrant to Internet T1 that: (i) you have the experience and knowledge necessary to use the Services; (ii) you understand and appreciate the risks inherent to you, your business and your person, that come from using the Services in particular, and doing business on the Internet in general; (iii) you will provide us with material that may be implemented by us to provide the Services without extra effort on our part; and/or (iv) you have sufficient knowledge about administering, designing and operating the functions facilitated by the Service to take advantage of the Service.
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. OTHER THAN AS EXPRESSLY SET OUT HEREIN, Internet T1 HAS NOT, AND DOES NOT, MAKE ANY WARRANTIES WHETHER EXPRESS OR IMPLIED. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, AND TITLE. Internet T1 DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. Internet T1 IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO, OR FROM, YOU OR STORED BY YOU OR ANY OF YOUR CUSTOMERS VIA THE SERVICES PROVIDED BY US. Internet T1 SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY US. NO WARRANTIES MADE BY THESE THIRD PARTY ENTITIES TO Internet T1 SHALL BE PASSED THROUGH TO YOU, NOR SHALL YOU CLAIM TO BE A THIRD PARTY BENEFICIARY OF SUCH WARRANTIES.
THIS WARRANTY DISCLAIMER EXTENDS TO ANY ORAL OR WRITTEN INFORMATION YOU MAY HAVE RECEIVED FROM Internet T1, ITS EMPLOYEES, THIRD-PARTY VENDORS, AGENTS OR AFFILIATES. YOU MAY NOT RELY ON SUCH INFORMATION.
SOME STATES DO NOT ALLOW Internet T1 TO EXCLUDE CERTAIN WARRANTIES. IF THIS APPLIES TO YOU, YOUR WARRANTY IS LIMITED TO 90 DAYS FROM THE EFFECTIVE DATE.
13. Limitation of Liability
It is your obligation to ensure the accuracy, integrity, title or ownership, and security of anything you receive from the Internet. You agree that Internet T1 has no liability, of any sort, for content you or your customers access from the Internet.
Internet T1 provides no guarantee that the Services will be uninterrupted, or continuous, that you will be able to access Internet T1's network at a particular time, that any data transmitted by Internet T1 is accurate, error free, virus free, secure, or inoffensive. You acknowledge that it is your responsibility to keep back-up copies of your data. Internet T1 is not responsible for any loss of data, for any reason. Internet T1 is not liable for unauthorized access to, or any corruption, erasure, theft, destruction, alteration or inadvertent disclosure of, data, information or content, transmitted, received, or stored on its network.
IN NO EVENT WILL Internet T1'S LIABILITY HEREUNDER EXCEED THE AGGREGATE FEES ACTUALLY RECEIVED BY Internet T1 FROM YOU FOR THE 3 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. FOR THE PURPOSES OF THIS PARAGRAPH ONLY, THE TERM Internet T1 SHALL BE INTERPRETED TO INCLUDE Internet T1'S EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, AFFILIATES, AND THIRD PARTIES PROVIDING SERVICES TO YOU THROUGH US.
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD Internet T1 OR ITS LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS, LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU, ANY OF YOUR END USERS OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF Internet T1 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; YOU AGREE THAT IN THOSE JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless Internet T1 and its parent, subsidiary and affiliated companies, third party service providers and each of their respective officers, directors, employees, shareholders and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to (i) your use of the Services (ii) any violation by you of any of Internet T1's policies; (iii) any breach of any of your representations, warranties or covenants contained in these terms and conditions; and/or (iv) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement. For the purpose of this paragraph only, the terms used to designate "you" include you, your customers, visitors to your website, and users of your products or services, the use of which is facilitated by us.
Internet T1 shall indemnify and hold you harmless from, and at its own expense agrees to defend, or at its option to settle, any claim, suit or proceeding brought or threatened against you so far as it is based on a claim that a product or service provided by Internet T1 hereunder infringes any patent, copyright, or trademark. This indemnification provision is expressly limited to products or services which are fully owned by Internet T1. It does not extend to products or services provided by third parties. If set out in its agreements with third-party suppliers, Internet T1 shall flow down similar intellectual property indemnification provisions to you. This paragraph will be conditioned on your notifying Internet T1 promptly in writing of the claim and giving Internet T1 full authority, information, and assistance for the defense and settlement thereof. You shall have the right to participate in the defense of the claim at your expense. If such claim has occurred, or in Internet T1's opinion is likely to occur, you agree to permit Internet T1, at its option and expense, either to: (i) procure for you the right to continue using the product or service; (ii) replace with a product or service, regardless of manufacturer, performing the same or similar function as the infringing product or service, or modify the same so that it becomes non-infringing; or (iii) if neither of the foregoing alternatives is reasonably available, immediately terminate Internet T1's obligations (and your rights) under these terms and conditions with regard to such product or service, and, refund the Fee charged by us for the period in which the Services were unavailable.
Notices will be sent to you at the address you provide to us. It is your obligation to ensure that we have the most current address for you.
Please refer to our website, http://Internet T1, for contact information for most issues, including technical support and billing. Notices regarding these terms and conditions and other Internet T1 policies should be directed to:
Internet T1, Inc.
6720 Bright Ave
Whittier, CA 90601
16. Maintenance Policy
Internet T1 offers a 99.999% uptime guarantee. This guarantee excludes scheduled maintenance periods as outlined in our Maintenance Policy. The Internet T1 Maintenance Policy is available at http://Internet T1/faq.
17. Force Majeure
Except for the obligation to pay monies due and owing, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party's reasonable control, including without limitation acts of God, bandwidth interruptions, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, or delays of common carriers or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day to day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible, but in no event less than ten days from the beginning of the event.
18. Choice of Law, Jurisdiction and Venue
The validity, interpretation, and performance of these terms and conditions, and of the agreements and policies that apply to the Services, shall be controlled by and construed under the laws of the State of California, United States of America, as if performed wholly within the state and without giving effect to the principles of conflicts of law. You agree that jurisdiction and venue are proper in the state courts located in Whittier, Los Angeles, or the U.S. District Court for the Western District of Los Angeles located in Downtown Los Angeles. The parties specifically disclaim the UN Convention on Contracts for the International Sale of Goods.
19. All Claims
All claims you bring against us must be resolved in accordance with these terms and conditions. Without limiting the previous sentence, this includes claims based on service outages which are expressly covered by our SLA. All claims filed or brought contrary to these terms and conditions will be considered to be improperly filed and a breach of these terms and conditions. If you file a claim contrary to these terms and conditions, we may recover attorney’s fees and costs. Attorney's fees include any fees charged by our in-house, or virtual in-house, attorneys.
20. No Waiver
No waiver of rights under these terms and conditions, or any Internet T1 policy, or agreement between you and Internet T1 shall constitute a subsequent waiver of this or any other right under these terms and conditions.
These terms and conditions may be assigned by Internet T1. It may not be assigned by you. These terms and conditions shall bind and inure to the benefit of the corporate successors and permitted assigns of the parties.
In the event that any of the terms of these terms and conditions become or are declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, such term(s) shall be null and void and shall be deemed deleted from these terms and conditions. All remaining terms of this Agreement shall remain in full force and effect.
Sections 11, 12, 13, 14, 15, 18, 19, 22 and 23 shall survive the termination of this Agreement.
We will provide, at no cost to you, one primary shared IP address by default, which will be subject to change at any time. You may use this address only in association with the Services, it may not be transferred. You may request additional private or public IP's for an additional charge see FAQ for pricing information. SSL certificates require one static IP address per certificate.
You will have no physical access to the Virtual Private Serverm you will only have remote root access provided to you by an engineer and this login information will be made available to you on your portal https://secureportal.globalit.com
While the Virtual Private Server may appear to be dedicated solely to your use, the server it is on will be shared with other Internet T1 customers. You will take no actions to limit the use of the Equipment by our other customers or other entities in general. You will not alter, or attempt to alter mechanisms, including software, implemented by us to facilitate the sharing of a server. You understand that certain aspects of the Virtual Private Server designed to facilitate use by multiple parties may affect your use and administration of the Virtual Private Server. You may not terminate this Agreement based on the implementation of these features.