Global Designz Ltd - Terms Of Service

Global Designz Ltd, as a supplier of web site hosting, along with other services related to the internet, offers you its clients and users the resources to distribute information to the public. We recognize that there is a lot of information being distributed on the web, nevertheless when opposing and conflicting matters occur; we at Global Designz Ltd reserve the right to take the necessary action we see fit.

To protect your rights and prevent against such matters we have provided "Terms of Service" which serves as a manual to your responsibilities while using Global Designz Ltd's services. When new additions and modifications are made to the Terms of Service, there will be a post in our "news" section on www.globaldesignz.com. Your continuous use of Global Designz Ltd will represent your agreement to the new terms of service.

We at Global Designz Ltd do not take responsibility for any information the client may generate or display on their website. We are not obligated to and do not evaluate, amend, or censor the information our client's website may contain. In case of copyright intrusions, denigration and detrimental speech, the author is to be held liable for the information presented.

Under the Terms of Service the following activities area prohibited by customers, associates, and/or subordinates:

1 -

Abusive Language

Relaying or posting offensive, harassing, hostile, or abusive language through Global Designz Ltd Internet's networks.

2 -

Adult Material

Adult and pornographic content is not permitted on our servers

3 -

Background Programs

Background programs including but not limited to IRC bots, eggdrops, BitchX, Xircon, and others which interfere with server operations are prohibited.

4 -

CGI And PHP Abuse

Although Global Designz Ltd permits the use of CGI and PHP on all accounts, we must limit the amount of CPU used on any individual account on a shared server. Since the servers are shared by many accounts we can not let a few customers utilize all of the resources on that server which leads to others suffering from lack of resources. When CPU is used greatly and excessively by a few customers it leads to slowness of FTP, sites and much more which may result in errors and failure in accessing the sites on that server. Accounts found in violation of this term will be warned once. The email warning will notify you that too much CGI and/or PHP is running and suggest ways to reduce the usage or upgrade. We reserve the right to DISABLE Your CGI/PHP Script if we consider the usage to be excessive or it is not reduced within 24 hours of the email being sent to you. Excessive amount (Global Designz Ltd is the sole determinant of what constitutes degraded server performance) refers to any amount that leads to extensive and considerable degradation and deprivation of server performance.

All scripts (e.g. UBB, YABB) that heavily make use of flat files are prohibited.

5 -

Customer Content

Customer agrees NOT to disperse, transmit, or exhibit any material of the following nature through any Global Designz Ltd server whether themselves or through a third party.

	A -	Discriminatory material based on age, gender, hate, or race.
	B -	Defamatory, Offensive, or Insulting material.
	C -	Infringement or violation on any intellectual property rights. Including but not limited to: copyright, patent, trademark, or any other property rights of Global Designz Ltd or any third party.
	D -	Material containing viruses or other programming defects resulting in damage to Global Designz Ltd or any other third party
	E -	Threatening, hostile or harassing material.
	F -	Violation of any local, state, national, foreign or international laws.
	G -	Violation of any Global Designz Ltd policy.
	H -	Content or links to any illegal activity or content, hosted on or off our servers.

6 -

Export Control

Exporting encryption software on the internet or to other destinations outside the U.S. is prohibited.

7 -

Illegal And/or Unauthorized Access To Other Computers Or Networks

Accessing other party's computers or networks without authorization to do so is prohibited. Any activity that is used as an endeavour to system invasion such as port scan, stealth scan or any other info gathering action is prohibited. Any access to any part of our servers, files, content or similar is prohibited and if found immediate cancellation of account will occur without refund of any payment made to Global Designz Ltd regarding any of our Hosting or Account services, being made to the deactivated sites account payee.

8 -

Intellectual Property Violation

Global Designz Ltd is required to eliminate or block access to customers site upon receiving proper notification of copyright violations. The following activities are prohibited under this law; violating property rights of others including but not limited to copyrights, patents (held by individuals, corporations or other.), service marks, software piracy, trademarks, trade secrets, violating privacy and personal rights.

9 -

Software

Customer may only use software from a third party that is properly licensed and is in association with customer's use of service. Customer is prohibited to store or distribute any illegal software, music or movies on or from any Global Designz Ltd server.

10 -

SSH and Scripts

Global Designz Ltd enforces a strict "No SSH" policy. We will also instantly suspend any account that uses a script which can be used to elevate privileges or enable SSH services. In the event that this occurs no refund will be payable to the account holder or payee.

11 -

No mass email marketing or free email businesses allowed.

We do not allow mass email marketing sites on our server at all. It doesn't matter even if it's an 'opt-in’ email marketing system' or run as a 'safe list' or 'free email' system they are all prohibited. We reserve the right to shutdown any such sites, that we consider harmful to the server's performance or in breach of the above.

12-

Spamming

We will in no shape or form tolerate spamming of any kind. We, Global Designz Ltd , reserve the right to terminate any account without notice or warning that violates this rule. Use of Global Designz Ltd signifies acceptance and comprehension of this and every Term of Service. Global Designz Ltd at our discretion may charge £50.00 per Spam complaint we receive. This fee is non refundable and will be charged at the time of complaint notice. Global Designz Ltd reserves the right to determine what is considered Spam. Also, to conclude from the evidence presented if the e-mail recipients were from an "opt-in" e-mail list. The following forms of Spamming are prohibited:

	A -	Bulk Unsolicited Commercial E-mails AKA Spam, promotional material or any other form of advertising or solicitation sent through e-mail that promotes any IP address belonging to Global Designz Ltd or any other domain hosted by Global Designz Ltd is prohibited.
	B -	Misrepresenting, perjuring, or falsifying all or part of message headers to conceal the true source of the message.
	C -	Transmitting, promoting, offering, or making accessible software of any kind designed to assist in Spamming.
	D -	Unwanted postings to newsgroup promoting or advertising any IP or URL hosted by Global Designz Ltd .
	E -	Use of web pages that permit spamming which directly or indirectly sends clients to IP addresses or domains which are hosted by Global Designz Ltd .

Please refer to "Basic Mailing List Management Principles for Preventing Abuse" for acceptable ways for mailing lists.

Proper Use Of Service
Terms of Service are effective on the date which you the customer register for Global Designz Ltd services. Services shall continue on a month to month basis unless stated otherwise in a separate agreement between Global Designz Ltd and customer. The following should serve as your guide to proper use of service:

1 -

Back Up Files

Customer may be able to restore files which are archived routinely by Global Designz Ltd . However, we do not guarantee in any way the existence, accuracy or regularity of this service. Customer is responsible for making the necessary back up files in association with this service.

2 -

Bandwidth And Disk Space

Customer will inhabit only the amount of disk space on Global Designz Ltd server and use only the bandwidth allowed by Global Designz Ltd according to account chosen. Exceeding the disk space and/or bandwidth allowance will result in additional fees and charges.

3 -

Basic Mailing List Management Principles For Preventing Abuse

Mailing lists are an excellent approach for dispersing information, but they MUST be used correctly. Use the following points as your guide to correct use of mailing lists. (Please make sure and read the Spamming terms above). If you have any questions or want to check the legitimacy of your mailing list please contact us at info@globaldesignz.com

	A -	Verification of New Subscribers
		Mailing addresses of new subscribers must be verified prior to your emailing. You may do this in several ways, i.e. sending an email out to which the subscriber must reply to; you may also send a URL in the email which the subscriber will go to, to complete the verification.
	B -	Subscriber Termination
		The administrator of the mailing list must provide a clear and simple method along with such instructions for the subscriber to terminate their subscription at their will. This must be done promptly.
	C -	Out of Band Procedure
		Administrator of the mailing list must have a procedure where they may be reached (i.e. via email) for further communication for those who wish to terminate their subscription but do not or will not do it through the automated procedures.
	D -	Impact of Mailing on Networks & Hosts
		Administrator of mailing list must ensure that the list is properly managed and has minimized impact on networks and hosts. This may be done by moderating the list and deleting undeliverable and invalid addresses. You must ensure that the mailing list does not overwhelm other hosts and networks.
	E -	Email Use
		Administrator of mailing list must ensure that the list is not being used for abusive purposes.
	F -	Address Disclosures
		Administrator of mailing list has responsibility over the addresses in their possession and must take adequate disclosure to them. This includes whether or not those addresses would be available for sale at which time when bought they are no longer "opt-in" lists. Further examination is necessary to verify whether or not the subscriber is an "opt-in" subscriber to the individual(s) who bought or traded the list.
	G -	Nature of the Mailing Lists
		Administrator of mailing list is responsible for taking adequate disclosure for the nature, content, subject and frequency of the emails. A subject matter which varies to some degree from that to which the subscriber signed up for or the frequency of the emails changes constitutes the need for a new mailing list (needing the "opt-in" approval of the subscriber). Existing subscribers should never be subscribed to a new mailing list automatically.

4 -

Changes To Terms of Service

Changes to Terms of Service by customer will NOT be binding unless it is in writing and has been counter executed by both parties. Variation in prices needs to be confirmed in writing (either by mail or email) by both parties. Global Designz Ltd reserves the right to make additions and modifications to the Terms of Service without prior notice at which time there will be a post in the "Latest News" section at www.Global Designz Ltd The customer's continuous use of Global Designz Ltd Internet Solution’s services represents the customer's agreement of the new Terms of Service.

5 -

Client Liability And Indemnification

All parties agree that in no event, shape or form shall Global Designz Ltd be held liable to any third party for breach or alleged breach of any term or condition by the customer. Customer agrees to defend, and indemnify Global Designz Ltd from all damages, expenses, liabilities, losses or claims of a third party resulting from client's breach or alleged breach of any kind.

6 -

Payment Policy

The day you sign up for your Global Designz Ltd account is the day your payments will be due each and every month or subscription period. We will charge your preferred payment method on that day. If you have other billing needs please feel free to contact us at info@globaldesignz.com. Global Designz Ltd at our discretion reserves the right to terminate any account if client fails to make payments in a timely manner. Client is and shall be held responsible for all outstanding charges allocated to Global Designz Ltd . This includes cancellation of account. If you signed up for an account on the 5th and you give notice to cancel your account on e.g. 10th of this month, you are still held responsible for all charges and fees for rest of this month (from the 5th of this month to the 5th of next month).

7 -

Termination Of Account

Global Designz Ltd at its sole discretion reserves the right to terminate services of any customer if they are in violation of the Terms of Service. We reserve the right to refuse services to anyone.

8 -

Cancellations

An emailed notice needs to be sent to Global Designz Ltd with 7 days notice before the end of the preceding payment period regarding customer's request for cancellation that is unless your account is covered by one of our money back guarantee periods. Please include your domain name and client ID. Either party has the right to terminate this agreement with prior (by end of preceding payment period) written (emailed) notice. If customer wishes to re-instate a cancelled account they may do so within 7 days of cancellation. Customer will be charged £25.00 per account prior to re-instatement of their account. Once we have received payment, customer's account will be activated within 2 working days.

To initiate the cancelation of your account you need to email us with the following information to Global Designz Ltd , Attention Billing, billing@Global Designz.com

I (your name) of (your address) wish to cancel my hosting account (domain name) and (username) with Global Designz Ltd . I am providing you with the required minimum 7 days notice and request that my account be terminated.

My reasons for requesting cancellation of my account are as follows :(please state your reason/s)

This email needs to be dated and received within 7 days prior to your next billing period and also sent from the owner of the account. For your convenience emails are accepted 24/7/365. Upon receipt of a request for Cancellation Global Designz Ltd will email the account holder and notify them of the scheduled date for termination of the requested account.

9 -

Suspension of Account

We reserve the right to suspend an account at any time. Reasons for suspension include, but are not limited too, breach of terms of service, unable to contact client, lack of client details being maintained and updated, non payment, overdue payment, excessive CPU usage.

10 -

30-Day Money Back Guarantee on all Annual Hosting plans and packages

To prove to you how confident we are in our services, we will offer you a 30-day money back guarantee on all our annual hosting plans and packages. If for any reason you are not completely satisfied with our services and cancel your account within the initial 30 days of the initial order date of your account we will refund you all your money (excluding any set up fees and fees for additional features. $8.95 will be withheld for any Domain name registration provided with any plan as these are non refundable).

To initiate the cancelation of your account you need to email us with the following information to Global Designz Ltd , Attention Billing, billing@Global Designz.com

I (your name) of (your address) wish to cancel my hosting account (domain name) and (username) with Global Designz Ltd . My account is under 30 day old and I acknowledge that all other accounts held by me now or in the future will not be subject to any further money back guarantees provided by Global Designz Ltd .

My reasons for requesting my money back are as follows :(please state your reason/s)

This email needs to be dated and received within the 30 day money back guarantee period and also sent through the original email address used when you signed up for of the account (this is to authenticate your request). For your convenience emails are accepted 24/7/365. Requests received or requested after initial 30 days will not be honoured.

Please note: The money back guarantee does not apply if your account is terminated at any time within the guaranteed period for breach of our terms and conditions, or if you go over the allocated and allowed bandwidth usage for your plan. Accounts that are renewed for additional terms are also not subject to our money back guarantees. We reserve the right not to honour the money back guarantee where the customer has received a refund in the past.

11 -

Refunds and Disputes

Global Designz Ltd offer no refunds other than our money back guarantees, regardless of reason for cancellation / deactivation.

Overcharges and disputes of billing MUST be reported within 60 days of the time of the dispute. Refunds will be given only at the discretion of Global Designz Ltd . If you choose to dispute a charge to your credit card issuer which Global Designz Ltd (at Global Designz Ltd's discretion) considers a valid charge under the requirements of Terms of Service, you agree to pay Global Designz Ltd an Administrative Fee of between £50 (Fifty GBP) and £150 (one hundred and fifty GBP) decided by Global Designz Ltd .

12 -

Responsibility to Keep Updated and Stay Informed

The Customer is responsible to make sure that they are up to date with the latest developments, these can be found in our news section, where all announcements, acknowledgements and up to date information will be provided.

All customers have a responsibility to ensure that their personal details are kept up to date such as their address, phone number and email address that is provided. These details need to be current and able to be used to contact the customer at all times. Global Designz Ltd makes every effort to contact clients, but in the event that there is a loss of service, interruption of service or similar, Global Designz Ltd will not be held responsible if the customer is therefore unable to be contacted.

13 -

Domain Registration Terms and Conditions

Global Designz Ltd offer a service to register domain names on your behalf. When a customer / registrant accepts this offer we cannot be held responsible for any infringements against registered trademarks and further to this, the customer / registrant of any such Domain name infringement will indemnify Global Designz Ltd against any responsibility for such infringements of trademark. When a customer / registrant chooses to register a domain name using our service the customer /registrant agrees with all of our terms and conditions as stated within our 'TOS - Terms of Service'. The customer / registrant also agrees to be held by the terms and conditions of the registrating company. For further details email info@Global Designz.com

In no circumstances are domain name registration fees refundable as once we have processed a Domain name, it is irreversible. So please make your selection wisely.

14 -

Taxes

Customer is responsible for paying all applicable taxes and holds Global Designz Ltd harmless to any and all taxes connected to customer's use of our services (including collections and withholdings).

15 -

Overdue Accounts

Global Designz Ltd does not offer credit to their customers. All hosting plans are provided once the account holder has paid for their plan or package. Therefore accounts that fall overdue by 2 days will automatically be suspended until payment is received by us. If we do not receive the overdue payment after a further 7 days, the account will be cancelled. This means that all files, folders and information will be lost. Accounts that repeatedly become overdue for a period of 2 days may also be subject to a further increase of £15 fee before they can be reactivated. We work on a 'three strikes and you're out' policy, this means that if your account becomes overdue for a third consecutive time the 2 day grace period will no longer apply and your account will be suspended immediately and incur the £15 reactivation fee. Global Designz Ltd reserves the right to refuse reactivation of an account if the account repeatedly becomes overdue.

Global Designz Ltd will make all reasonable attempts to notify the account holder via email prior to the suspension of their service, but it is the account holders responsibility to ensure that their account is paid for and all their contact and email details are kept up to date at all times.

16-

Charge Backs

In the event of a customer initiating or requesting a charge back we reserve the right to terminate the account/s or reseller plan and all its accounts immediately. No back up of sites will be provided unless the customer pays a fee of £50.00 GBP (on top of the charged back amount) for each account/s or reseller plan affected by each individual chargeback. This cost is to cover the bank fees and handling payable by Global Designz Ltd in the event of a customer making a charge back.

We reserve the right to refuse service to anyone who has previously requested a charge back from us under any circumstances and also request that any further accounts help by them on our servers be removed.

17 -

Backup Responsibilities

As the owner of your website / hosting package or reseller website / hosting package, backups are your responsibility (or your customers), therefore you must ensure that you and your customers have up to date and current backups of your / their own site/s or those under your control.

Global Designz Ltd currently don't perform weekly backups off site

We strongly advise that you back up your own site/s as often as required to ensure that you always have the latest possible copy of your site/s as it is your responsibility to back up your site/s regularly.

Disclaimer of warranty
Services provided to customers of Global Designz Ltd are provided on an "as is" basis. Global Designz Ltd disclaims any warranty that; services will be not be interrupted or be free of error; defects will be corrected; there are no viruses or harmful components; and that security methods being used will be adequate.

Limitation of liability
In no shape or form shall Global Designz Ltd be held liable/responsible for damages resulting from loss of profit or records from use of Global Designz Ltd site or products. We are also not responsible for any incidentals, disciplinary or consequential damages associated with this agreement. In no event shall Global Designz Ltd 's total liability exceed an amount greater than two hundred and Fifty Pounds Stirling (£250 GBP).