Nationwide Internet Access

for the U.S. & Canada

GLOBALAN SYSTEM USE POLICY

Globalan provides a gateway to the Internet for individuals, businesses, and organizations and is committed to providing the highest quality Internet access possible.

This user's Agreement is designed to define and explain the agreement between Globalan (to be known in the rest of this document as "GLOBALAN") and its subscribers.

GLOBALAN SYSTEM USE POLICY

1. A GLOBALAN account is an arrangement between GLOBALAN and its subscriber's that allows its subscribers access to the Internet via GLOBALAN's system. GLOBALAN accounts and the provisions of this agreement are nontransferable.

2. The subscriber agrees to pay in advance, the monthly fee being charged by GLOBALAN at the time of service for a minimum of one month. Monthly charges commence on the date of activation and and continue until such time as the subscriber notifies GLOBALAN to discontinue service, and are nonrefundable. Non use of the system shall not be considered grounds for refund.

3. Subscriber agrees to responsibility for all charges rising from the use of the account, including, but not limited to, enhanced service charges, charges incurred by an account holder on another Internet host, and all additional phone charges, including long-distance.

4. GLOBALAN reserves the right to suspend or cancel any account for nonpayment, delinquent payments over 15 days past the due date, or rejection of any credit card charges by the account holder's credit card issuer. A $30.00 fee will be assessed on all returned checks. Collection of bad debt is handled by an outside agency.

5. GLOBALAN reserves the right to suspend an account for suspected or actual breaches of its System Use Policy, this Agreement, and use of the host system in a manner which is harmful to GLOBALAN or its subscribers. All costs incurred because of system down time resulting, directly or indirectly, from willful abuse of the system by the account holder will be the responsibility of the account holder, and the time required to restore the system will be billed at the rate of $150 an hour to the account holder.

6. If, at any time, it becomes necessary for GLOBALAN, Inc., or the account holder, to use legal recourse for a dispute between GLOBALAN and the account holder, the prevailing party will be entitled to recover all legal costs, regardless if a law suit is actually filed.

7. GLOBALAN has the right to terminate any account for malicious or illegal use of its host system or the Internet, including e-mail messages which are perceived, in any manner, directly or indirectly, as threatening, offensive, harassing, or contradictory to the standards of Internet convention, and including port scanning or other attempted invasion of other people's networks or systems. GLOBALAN will review all complaints regarding malicious or illegal use of the system and/or harassing e-mail, and render judgment based on the System Use Policy and what is in the best interest of GLOBALAN’s subscribers.

8. Multiple, identical news group postings, bulk email, and unsolicited e-mail messages are a violation of GLOBALAN's System Use Policy and widely held standards of Internet etiquette. Anyone using GLOBALAN's mailservers to send unsolicited bulk email, will have their account(s) terminated immediately. This includes the use of a mail server with open relays on GLOBALAN's system. Open relay mail servers are strictly prohibited.

9. The account holder or subscriber is responsible for all use of their GLOBALAN account, including security, online storage space, usage time, all e-mail postings that originate from their account, and protection of their account password. GLOBALAN is not responsible for any account holders data or personal files on its host system, and account holders are responsible for the backup of significant data and files.

10. Use of any GLOBALAN account is expressly limited to the individual, business, or organization named on the account application form.

11. The account holder or subscriber agrees to use their GLOBALAN account in accordance with all applicable state or federal laws.

12. GLOBALAN reserves the right, but is not obligated in any way, to view or edit publicly viewable data, including e-mail messages on its host system, and to delete any information on its host system at GLOBALAN’s sole discretion.

13. All e-mail, World Wide Web pages, and any file located in a publicly accessible directory are considered publicly viewable, and GLOBALAN is not liable for the protection, confidentiality or content of them or any information transferred to or from another Internet host.

14. Account holder agrees that material available through their account does not violate or infringe on any copyright, patent, applicable law, or contain information of an obscene nature.

15. The use of any GLOBALAN account for housing World Wide Web pages that advertise, sell, or promote any commercial business, service, or product without the consent of GLOBALAN is prohibited.

16. GLOBALAN owns and maintains all I.P. addresses and reserves the right to change them with appropriate written notification.

17. GLOBALAN is not responsible for any costs, loss of income, or damages relating to the use of its host system, products, software, and services. Services are provided as available, without any expressed warranties, and are subject to change without notice.

18. GLOBALAN reserves the right to delete any email boxes that have not been accessed in three months. All files in closed accounts will be available for 15 days after account closure and deleted in 30 days. GLOBALAN will forward all e-mail on closed accounts to a valid e-mail address for 30 days after closure, if one is provided.

19. GLOBALAN will not release account holders personal information to other parties unless required by the appropriate authority.

20. Non enforcement on any portion of this Agreement does not constitute consent, and GLOBALAN, Inc. reserves the right to enforce our System Use Policy, this Agreement, at it's sole discretion. If one or more sections of this Agreement are found to be unenforceable or invalid, the remaining sections will still be considered valid.

21. If the account holder is under 18 years of age, either a parent or legal guardian who is responsible for the terms of this Agreement must sign and assume responsibility this Agreement by and all charges owed by the account holder.

22. GLOBALAN reserves the right to modify the terms of this agreement, and account prices without notice. Continued use of the system after such time will constitute account holders acceptance of the changes.