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Policies, Guidelines, and
Disclaimers
Global Marketing Associates provides web hosting to numerous clients which means that we have a responsibility to
protect each client and to provide the best services available. The following guidelines were established
to ensure these crucial obligations are met. These Policies, Guidelines, and Disclaimers are intended for all domains residing on
Global Marketing Associates servers.
TRAFFIC USAGE RESTRICTIONS:
Each account plan comes with a pre-determined amount of bandwidth allowance. We monitor all usage
of the domains residing on our servers. Sites that exceed or are reaching their allotted allowance will be
contacted immediately to resolve the problem. Accounts exceeding their bandwidth allowance are
required to pay a minimum of $14.00 per gig of traffic for each gig of traffic that exceeds their allotted
amount. Following is a list of sites that will often require more than what is allotted for each account plan:
Multiple domains residing at a single IP address, domains with archives or galleries, (i.e. .gif,
.jpg, .exe, .zip, .tar, etc.), domain accounts offering download files, running cgi scripts. (Note: This is only a sample
list of sites that may consume more traffic than is what allowed them.)
If at any time your site extensively exceeds more than 20% (50% +) of our systems resources in one
day, your account will be deactivated immediately without notice and you will have to contact us for
reactivation.
UNACCEPTABLE ACTIVITIES:
These include spamming (sending unsolicited advertising to those with which the customer has no
existing business relationship, posting off-topic advertising in newsgroups); spoofing (using a return email
address which is not the valid reply address of the sender or sending an email message which does not
contain enough information to enable the recipient to identify the party who is really sending the
message; passive spamming (promoting a web site hosted by Global
Marketing Associates by spamming from some other source), trolling (posting controversial messages in newsgroups to generate responses),
mailbombing (inundating a user with email without any serious intent to correspond), generating a higher
volume of outgoing mail than a normal user (20% or more of available system resources), and
subscribing someone else to an electronic mailing list without that person's permission. A message is
considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not
requested the message. Making an email address available to the public does not constitute a request to
receive messages. Distribution of mass emailing programs is also prohibited. All recipients on a mailing
list must have personally subscribed. Mailing lists may not be used to distributed unsolicited email. Any
customer repeatedly "mailbombed" or that attracts such behavior will be asked to leave. If you are not
sure if your actions will be in violation, please ask first (abuse@globalmarketingassociates.com).
AGE:
All users and/or client's must be 18 years of age to obtain and/or utilize our service.
ABUSE OF THE LEGAL RIGHTS OF OTHERS:
Examples of unacceptable activities in this regard include posting private information about a person
without their consent, infringing intellectual property rights, defaming a person or business, and
knowingly making available code which will have a deleterious effect on third party computers.
Global Marketing Associates supports free speech on the Internet, and will not suspend or cancel a customer’s account simply
because it disagrees with the views expressed by the customer. Where there are allegations that a
customer’s on-line activity has violated the legal rights of a third party,
Global Marketing Associates will not substitute itself for a court of law in deciding tort claims raised by the third party.
ABUSE OF THE LAW:
Global Marketing Associates services may be used for lawful purposes only. Illegality includes but is not limited to: drug
dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted
material in violation of copyright law, specifically MP3s, MPEG's, ROMs, and ROM emulators);
gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that
is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another
person; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions;
stalking; or violating other state or federal law such as the Electronic Communications Privacy Act, the
Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also
prohibited. Global Marketing Associates reserves the right to check system files, email, and other data on our servers for
illegal content and materials, or for any other reasons deemed necessary.
PORNOGRAPHY:
Pornography and sex-related merchandising, or links to such material, even if legal, is not an acceptable
use of Global Marketing Associates servers.
ABUSE OF GLOBAL MARKETING ASSOCIATES SERVER RESOURCES:
Running programs in the background on a Global Marketing
Associates servers without Global Marketing Associates prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, and the like are not acceptable uses
of Global Marketing Associates servers. Further, any usage of twenty percent (20%) or more of our system resources is
an undue burden on our system and is unacceptable. If your usage ever exceeds twenty percent (20%)
of system resources, or any domain that exceeds ten gigabytes of bandwidth traffic can be terminated
without prior notice.
HACKING/CRACKING:
Global Marketing Associates reserves the right to report illegal activities to any and all regulatory, administrative, and/or
governmental authorities for prosecution.
OTHER BEHAVIOR:
The following examples of unacceptable behavior are non-exclusive, and are provided for guidance
purposes. If you are unsure if your actions will be a violation of our policies please ask
abuse@globalmarketingassociates.com
Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly
attached network attempt to circumvent any user authentication or security of host, network, or account.
Accessing data not intended for user. Probing the security of any network. Spawning dozens of
processes. Port scans, ping floods, packet spoofing, forging router information, Denial of Service attacks,
sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land, teardrop. Promulgation of viruses. IRC
bots such as eggdrop or BitchX. Any activity, whether or not the intrusion results in the corruption or loss
of data, will be investigated and proper action taken. The presence of any of these programs, whether or
not run, will result in action against the user including suspension or termination.
CLIENT RESPONSIBILITY:
The client is responsible for all activity originating from the account unless proven to be a victim of
outside hacking or address forgery. The client is responsible for securing their username/password. Use
of Global Marketing Associates hosting service requires a certain level of knowledge in the use of Internet languages, protocols,
and software. This level of knowledge varies depending on the anticipated use and desired content of the
web space by the client. The following examples are offered: Web Publishing: requires knowledge of
HTML, properly locating and linking documents, FTPing Web contents, graphics, text, sound, image
mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP
understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR
& GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and
send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain
their web space unless Global Marketing Associates is contracted to create and
maintain the site at an agreed upon rate. Client agrees that it is not the responsibility of
Global Marketing Associates to provide this knowledge or support outside matters specific to
Global Marketing Associates servers without an additional agreement.
BACKUPS:
Backups are made nightly. No guarantees are made of any kind, either expressed or implied, as to the
integrity of these backups. Backups are made for server restoration purposes only. It is the clients’
responsibility to maintain local copies of their web content and any information. If loss of data occurs due to
an error of Global Marketing Associates, Global Marketing Associates will attempt to recover the
data at no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client,
Global Marketing Associates will attempt to recover the data from the most recent archive for a $50.00 fee.
IP NUMBERS:
Global Marketing Associates maintains control and any ownership of any and all IP numbers and addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all
I P numbers and addresses.
BILLING POLICIES:
All billing occurs on the account activation date and on the anniversary of that date thereafter. We DO NOT prorate any fees.
FRAUDULENT ORDERS:
During the ordering process we track both your user agent (ISP) and IP address. In the event that you
submit a fraudulent order, i.e. provide an unauthorized credit card, or present a check against an
unauthorized account or an account with insufficient funds, we WILL file charges with the proper
governmental agency. Your user agent is your finger print and can only be used by your computer on the
world wide web and IS sufficient proof to law enforcement agencies of your activity on our servers. In
addition to the above actions, Global Marketing Associates, will also report your user agent and IP address and any
other information obtained to identify you to all backbone providers.
CHARGE BACKS / NSFS:
In the event that any person(s) reverses the charges on credit card charges or presents a check in which
the account is insufficient of funds, does not exist, or is unauthorized, Global
Marketing Associates retains the right AND WILL confiscate the domain name to which the account resides under.
MONEY BACK GUARANTEE:
Should you become unsatisfied with our services within the first 30 days of your account activation,
Global Marketing Associates will refund your hosting fee.
LIMITATION OF LIABILITY:
Global Marketing Associates shall not be responsible for any claimed damages, including incidental and consequential
damages, which may arise from Global Marketing Associates servers going off-line or being unavailable for any reason
whatsoever. Further, Global Marketing Associates shall not be responsible for any claimed damages, including incidental
or consequential damages, resulting from the corruption or deletion of any web site from one of
Global Marketing Associates servers. All damages shall be limited to the immediate termination of service.
Global Marketing Associates shall be the sole arbiter of what is and is not a violation of these acceptable use policies.
Global Marketing Associates reserves the right to terminate an account at any time and for any reason that causes harm
to any Global Marketing Associates customer's web sites. Global Marketing
Associates reserves the right to delete all content and files upon termination.
Global Marketing Associates reserves the right to withhold any pre-paid funds for any site removed for
violations of these policies. Global Marketing Associates reserves the right to refuse, cancel, or suspend service at our
sole discretion.
Global Marketing Associates reserves the right to change these Policies without prior notice or warning. Non-enforcement
of any part of these Policies does not constitute consent.
Clients should review these Policies every two weeks for changes and additions.
Violations of these Policies should be referred to abuse@globalmarketingassociates.com
All complaints will be investigated promptly!
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