Hosting Terms of Service

Jump to Website Care Plans Terms of Service

Spamming and Harmful Activities

Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, mail bombs, subscribing someone else to a mailing list without that person’s permission, hacking, spoofing, or any similar activity. Your domain may not be referenced as originator, intermediary or reply-to address in any of the above. Spamming via other hosting facilities which in turn contain links to a domain on our network is also prohibited. We consider spam any mass unsolicited messages or similar activity. You may not use our services or servers for disseminating or hosting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information. If we believe that you have violated this rule, we have the right to immediately, without notice, disable your domain and terminate service until we have acceptable assurance that you will abide by this rule. We similarly have the right to refuse or terminate service to you if we suspect that you will violate this policy. In addition, any site selling or promoting bulk e-mail services is also prohibited. GlobalSpex does not allow the Camfrog software to be run on GlobalSpex servers. Camfrog is being defined as the software downloaded from camfrog.com or other mirror sites.

Website Security

GlobalSpex.com utilizes advanced, industry standard, tools and protocols to keep our servers secure and to mitigate potential threats. These tools cannot secure against all possible threats however. Because of this, it is customer’s sole and exclusive responsibility to determine if the security measures GlobalSpex employs are appropriate for their needs. In particular, customers must ensure that scripts, applications, or programs used in conjunction with their website/account are secure and up to date.

This includes, but is not limited to, updating scripts, applications, or programs to the latest secure version available; maintaining and updating of passwords or other login credentials on an ongoing basis to ensure the security of their site and the security of other users on the server. Any scripts, applications, or programs available via the control panel interface are solely the customer’s responsibility to update and secure.

GlobalSpex will not be liable for loss or damages of any kind, under any legal theory, caused by the customers failure to comply with the foregoing security obligations or caused by any person to whom the customer grants access to the services we provide.

Customers agree to notify GlobalSpex.com no later than thirty minutes of their discovery of any unauthorized uses of their services or any other breaches of security, and to cooperate fully, at Customer’s expense, with any investigation and mitigation activities GlobalSpex.com deems necessary.

IRC

We do not allow IRC or IRC bots to be operated on our servers.

Data Storage

Shared Hosting Packages are not to be used as a backup service. All stored files that reside on your account must be directly related to your website. Archiving MP3, video, images or backups is prohibited on shared hosting packages. If you need these abilities we recommend that you upgrade to a dedicated server or VPS.

Backups

Managed Services – Shared, Cloud, Reseller and Managed Dedicated Servers or Unmanaged Dedicated Server client who purchases External Server backups

GlobalSpex cannot guarantee that the contents of a Website will never be deleted or corrupted, or that a backup of a Website will always be available, accurate or complete.

You shall have sole responsibility for undertaking measures to maintain independent archival and backup copies of your content, and for checking the accuracy of your Website hosted by GlobalSpex from time to time.

We have the right, but not the obligation, to make backup copies of the data you upload to our GlobalSpex servers.

GlobalSpex does store on a temporary basis backups which are intended for our disaster recovery.

Unmanaged Dedicated Servers

Lawful Purpose

Use of our servers or services in any manner in violation of any state, local or United States law, rule or regulation is prohibited. Such prohibited use includes, but is not limited to, disseminating, posting or storage of any material in violation of any federal, state or local law, rule or regulation. Our servers and services may not be used for the propagation, distribution, housing, processing, storing or otherwise handling in any way lewd, obscene, pornographic or satanic materials. Also included is the posting or trafficking in government secrets, providing any information to in any way assist or encourage any terrorist activities, providing any information concerning nuclear or biological weapons or other weapons of mass destruction, posting or trafficking in obscene material, solicitation of a minor or others for illegal acts, dealing drugs, harassment, fraud, stalking, abuse or other subject matters that are prohibited under applicable federal, state or local law, rules or regulations.

Support of the Service

GlobalSpex, Inc. shall install the Site with reasonable skill and care, however if the Customer experiences a problem or suspects a fault with any of the Site or the Service technical support for the Service is available by sending an email to [email protected]. Such technical support is available during GlobalSpex, Inc.’s normal office hours of 09:00hrs to 17:00hrs.

Customer Obligations

To allow the installation of any software GlobalSpex, Inc. require to implement the Site, additionally the Customer will at the Customer’s own expense:

obtain all necessary consents, licenses and permissions, including (without limitation) consents for any media provided.

The core technologies/software shall remain the property of GlobalSpex, Inc. or the supplier of such technology and the Customer shall at all times make clear to third parties that the same is the property of GlobalSpex, Inc. or the third party supplier, as applicable. The customer does however retain the rights to use this collection of technology/software in this configuration of settings once invoices relating to the site have been settled. GlobalSpex, Inc. may modify, substitute, renew or add to any technology from time to time at its absolute but reasonable discretion.

If through no fault of GlobalSpex, Inc., GlobalSpex, Inc. is unable to carry out an installation at, or gain access to, the Site or the installation is aborted for any other reason(s) beyond GlobalSpex, Inc.’s reasonable control, GlobalSpex, Inc. will (without prejudice to any of its rights and remedies in respect thereof) notify the Customer’s nominated contact and the Customer shall promptly remedy such fault, inability or reason(s).

The Customer hereby irrevocably gives permission to GlobalSpex, Inc. , and their employees, agents, or contractors to:

execute any works on the Site for, or in connection with, the installation, maintenance, or removal of features.
enter the Site to inspect any software or technology utilized by the Site or elsewhere for the purposes of providing the Service, and where the Agreement or the Service is terminated for any reason, GlobalSpex, Inc. will be entitled to enter the Site and remove any expired licensed software installed there.

The Customer undertakes:

to comply with all reasonable instructions GlobalSpex, Inc. may notify to the Customer for use of any Equipment;
not to allow any element of the Site to be repaired or maintained other than by an authorized representative of GlobalSpex, Inc. ;
not to attempt to sell any software or technology; and
not to remove any identification mark affixed to any software showing that it is the property of GlobalSpex, Inc. or any other third party supplier of such functionality.

The Customer shall be responsible for the repair and maintenance of any Customer Equipment used in order to obtain or use the Site or Service.

Items not covered under Web and Social Media Management

IT and technical support. We are unable to advise you on any matter relating to your computer, web browsers, or your specific e-mail setup. We are only able to test and confirm that your server and related email services are running as expected. If we are requested to investigate further then a charge maybe applicable if no fault is found at our end. In addition to this all site visits relating to technical support maybe chargeable. However, if you require IT and technical support, then we do offer this as a separate service.

Guaranteed increased in social media/networking presence. While we will do our utmost to increase your social networking presence, we provide no guarantees relating to targets or specific figures. The service we provide is directly relational to management and therefore is a time-saving and efficiency service.

Design changes outside of the agreed brief and Statement of Work. While minor changes (as detailed above) are perfectly acceptable, larger or total redesigns maybe chargeable and it should not be expected that GlobalSpex, Inc. can make these changes to the design of a site as part of this agreement or package. Major changes are identified as anything outside of the above listed minor changes.

Major development work. This is identified as any work that will require more than 5 hours of research and a further 10 or more hours of development time. If however you wish to undertake this development by reallocating previously agreed services then this can potentially be discussed and worked into an agreement where several months’ worth of development services can be used at once.

Guaranteed returns on investment/income. GlobalSpex, Inc. cannot be held responsible for the targets you set in relation to financial forecasts and the ability for your website to produce this income to be generated by your website. We will endeavor to create a site that, given the correct marketing and product range, will from a technical point of view be capable of creating this income.

Website Transfers

At GlobalSpex we want to make the transfer process as seamless as possible. It is in both of our best interests to handle the transfer process expeditiously. Transfers, generally assessed at $90, are provided as a complementary service on shared hosting plans; however it is impossible to estimate the time required to complete a transfer, and we also cannot guarantee the availability of the prior host’s data. For example, we currently cannot offer transfers with ASP websites.

Some hosting providers compile data in incompatible or proprietary formats, making it extremely difficult (sometimes impossible) to migrate portions of your data. Some platforms, like the GlobalSpex Site Manager platform, have differences in core applications that if utilized make transfers unfeasible. Other providers disallow host-to-host transfers all together. If we cannot migrate your data in a timely and efficient manner, we will work with you through this process and notify you beforehand if further services can be offered and provide you with a cost estimate for such additional services.

If we cannot migrate your data in a timely and efficient manner, we will work with you through this process and notify you beforehand if further services can be offered and provide you with a cost estimate for such additional services.

This complimentary service is only available during our 30 day money back guarantee. Transfers outside of the 30 day free period will incur a charge. Please contact support for specific details and to receive a quote if this be the case.

Online Gambling

We do not allow online gambling activities to be operated from our servers.

Damaging Material

You may not use our services or servers to post or disseminate in any manner, any information or material which may be dangerous, damaging, defamatory, libelous, slanderous, scandalous, private information or injurious to persons or property which, directly or indirectly, may be used to create danger, damage or injury to persons or property, nor may you use our services or servers to inflict emotional distress make unlawful threats, stalk, interfere with any contract or prospective relationships or engage in sexual or other harassment.

Adult Content

Pornography is prohibited on GlobalSpex servers. This includes sites that may provide links to adult content elsewhere.

Child Pornography

The use of GlobalSpex’s services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. GlobalSpex is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.

Infringement

You may not use our services or servers to post or disseminate in any manner, any information or material which infringes the intellectual property rights or other proprietary rights of any third party, including, without limitation, material protected by copyright, trademark, patent, trade secret or other intellectual property right used with proper authorization. Infringement may result from, among other activities, the unauthorized copying and posting of pictures, logos, software, articles, musical works and videos. You shall comply with the Digital Millennium Copyright Act (“DMCA”). Click Here for our DMCA Policy.

Fraudulent Activities

You may not offer or disseminate fraudulent goods, services, schemes or promotions (i.e., make money fast schemes, chain letters, pyramid schemes, ponzi schemes) or fraudulently use any information obtained through the use of our servers or services, including, without limitation, unauthorized use of credit card numbers.

Contact Information

You are required to provide us with accurate contact 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 your account. You agree to maintain a working e-mail address that is monitored daily. We have no responsibility, or liability, for interruptions in service, or damages of any sort, based on communications that are misdirected as a result of your failure to provide us with updated contact information.

Payment Policies

Our services are sold on a pre-paid basis at the agreed upon rate at the time of ordering. If you fail to promptly pre-pay, we will terminate your service.

If you provided us with your credit card information and requested automatic billing, you authorize GlobalSpex, Inc. to automatically charge your credit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with our cancellation requirements listed below. You will receive an e-mail confirmation once your credit card has been charged. If you elect not to use automatic credit card billing you will be charged a processing fee of $3.00 per invoice.

Although you may cancel your account at any time by giving us written notice of cancellation, there is no refund of any pre-paid amounts with the exception of accounts meeting requirements of “30 day Money Back Guarantee” (see below). You are responsible for all fees associated with your account up until the time of making a cancellation request, see complete details below. All payments are to be made in U.S. currency. Domain Registration & SSL certificate fees are non-refundable.

You will be charged a $25 processing fee if any check given to us is not honored and paid. If you cause any credit card payment to be reversed there will be a $40 processing fee. In the event you violate any of our above policies and your service is terminated, in addition to all other fees, you will be charged a $100 investigation and research fee. There is a $50 processing fee to reinstate an account closed due to non-payment, this fee does not guarantee the data on the account prior to termination will be retrievable.

GlobalSpex, Inc. may also make an additional charge (on the basis of applicable abortive visit, administrative and other additional charges detailed in the Price List) on its own behalf:

where incorrect information supplied by the Customer means it is technically impractical to provide the Service to the Customer;
where GlobalSpex, Inc. are unable to gain access to the Site to carry out installation of the Service or the installation is aborted for any other reason(s) beyond GlobalSpex, Inc.’s reasonable control;
where certain information provided by the Customer on the Statement of Work is illegible, inaccurate or incomplete;
where GlobalSpex, Inc. provides any technical support in connection with the supply of the Service to the Customer outside normal office hours or normal support times, as applicable; and/or

GlobalSpex, Inc. reserves the right to vary the Charges at any time on giving the Customer notice in writing. GlobalSpex, Inc. will give the Customer no less than 30 days’ prior written notice if it provides any notification to its customers of any variation to the Charges via its website.

Service Cancellation

To make a cancellation request, you will need to fill out our cancellation request form. If this is not possible, you may fax a request to 435-755-3449 or mail a cancellation request to GlobalSpex, 19901 Southwest Freeway, Sugar Land, TX 77479. You must include your Account Domain Name for the account which you wish to cancel hosting for. We cannot accept cancellation requests over the phone or be regular email for security and verification reasons.

If we register a domain name for you as part of your hosting package with us, and you decide that you want to cancel your account during the first 30 days, then we will deduct the cost of the domain name from the money we refund you. We charge $15 per year for domain registration. If you cancel your account after the first 30 days have passed, or after your account is renewed then unfortunately we will not be able to issue any refunds.

30 day Money Back Guarantee

We provide a 30 day money back guarantee for all shared hosting accounts. If for any reason you request cancellation of such account within 30 days of the initial ordering of your account, you will be given a full refund including your initial setup fee. Please Note: Domain registration and transfer fees are not included with this offer and are not refundable. This offer does not apply to Cloud hosting, Domain Registration, Reseller accounts, Dedicated servers, SSL certificates, or Custom Services.

Violations

In addition to the service terminations specifically herein provided, we reserve the right in our sole discretion to refuse or terminate service to you at any time. We may, but need not, give you notice of such termination or of a suspected Violation of any of our policies. Such notice may, but need not, contain such warning, suspension or possible account terminations as we from time to time in our sole discretion determine advisable. We also reserve the right to remove materials from your website at any time if we determine in our sole discretion that such content or materials violates our policies or this service agreement. Your pre-payment of your accounts that is terminated due to our determination of a violation of one or more of our policies will not be refunded. You agree to pay to us our costs, including reasonable attorney fees, incurred as a result of our investigation and/or defense of any third party claiming that your website violates or infringes on their rights. We have the right to require pre-payment of such fees. We are, however, under no obligation to conduct any investigation and may, if we choose, terminate your service upon receipt of such third-party claim or upon our own action. In the event of a termination of services, your files and data stored on our computers will be deleted after such termination.

Terms of Data Transfer (Bandwidth)

If you exceed the data transfer limit of your account you will be notified by GlobalSpex to resolve the situation and be given options for upgrading your account. E-mail warning notices will be sent upon approaching your limit. Once the limit is hit, data transfer will be stopped.

Server Resources

The use of your account must be reasonable and you may not place excessive burdens on our servers. While our shared services are suitable for the bulk of our customers, there comes a time that your website(s) are better suited for a larger hosting package, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that uses a high amount of server resources (such as, but not limited to, CPU Time, Memory Usage, and Network Resources). At our election, you will be given an option of either upgrading the service level or reducing the resource usage to an acceptable level, otherwise we reserve the right to limit your use of our servers or take your site offline. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.

ICANN Accreditation

Included is a link to documentation that summarizes registrant rights and responsibilities that arise within ICANN Consensus Policies and specifications, as those policies and specifications are incorporated into the Registrar Accreditation Agreement or the RAA. You can visit https://www.icann.org/en/resources/registrars/registrant-rights/educational
for more information regarding ICANN, as well as visiting this link to view more about registrant benefits and responsibilities to your site. https://www.icann.org/en/resources/registrars/registrant-rights/benefits.

IP Addresses

Depending on the service plan your account is on it will have either a shared or dedicated IP address associated with it. We cannot guarantee this IP address will never change. We make a reasonable effort to avoid IP address changes but due to many factors including network changes it’s not possible to guarantee. You will be given advanced e-mail notification if such a change ever does effect your account.

GlobalSpex Account Management Applications

We provide account management applications for the explicit use of our clients and their accounts with us. Any usage of the applications outside of the management of your account or intended use of the applications is prohibited.

ALL SOFTWARE APPLICATIONS WE PROVIDE TO YOU ARE “AS IS,” AND WE MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, AS TO THEIR PERFORMANCE. WE ARE NOT RESPONSIBLE FOR ERRORS, INTERRUPTIONS IN SERVICE, OR LOSS OF DATA AS A RESULT OF YOUR USE OF THESE APPLICATIONS. YOU USE THEM AT YOUR OWN RISK.

All software applications we provide to you may only be used in conjunction with your use of our services. They remain our intellectual property, including documentation and help files, and we may permit others to also use them. Such applications remain protected by copyright laws, other intellectual property laws, and by international treaties. You may not (1) modify or use them with derivative works, including translation or localization or (2) reverse engineering, recompilation, disassembling or make any other attempt to derive the source code for any such application. Upon termination of your account you may no longer use any such applications.

Clients are responsible for the ongoing maintenance of their website including security updates for third-party software they may have chosen to install. It is strongly recommended that clients frequently update all scripts and applications to ensure their site is protected against the latest security threats. GlobalSpex is not responsible for lost or corrupted data due to security negligence on behalf of the client or any third party application or script. GlobalSpex makes updates available to GlobalSpex-provided applications and scripts through the Site Manager; however the installation of these updates must be performed by the client. GlobalSpex will continue to maintain the physical security of our data center and ensure that the hosting platform is up to date with the latest security patches. GlobalSpex may also force specific upgrades upon clients to preserve security and stability across the hosting platform.

Indemnification

You agree and promise to defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against us, our agents, our clients, our officers and our employees, that may arise, result, or be threatened as a result of your actions, property or services sold or licensed by you, or the actions of your employees, agents or assigns, including, but not limited to: (1) any injury to person or property caused by any products sold or distributed in association with our services; (2) any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party; (3) your copyright infringement; (4) any defective products sold by you that are connected to our servers or services (5) investigation of any alleged violations of our policies.

Disclaimer

WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGES TO YOU OR YOUR BUSINESS AS A RESULT OF OUR ACTION OR FAILURE TO ACT. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES WE PROVIDE. WE DISCLAIM ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY OF SUCH SERVICES. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS YOU MAY SUFFER WHETHER OR NOT CAUSED BY US OR OUR EMPLOYEES OR VENDORS. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT OUR TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE TOTAL FEES PAID BY YOU TO US FOR THE ONE (1) YEAR PERIOD PRIOR TO ANY ACT OR OMISSION GIVING RISE TO SUCH DAMAGES.

Amendments

We reserve the right to revise, add to or modify the above policies or service agreement at any time. We have the right to terminate your account or restrict its use if we believe you have violated or may violate any of our policies.

Governing Law and Jurisdiction

The validity and effect of our policies and service agreement shall be governed by and construed and enforced in accordance with the laws of the State of Texas, without regard to its conflicts of laws principles. Any suit, action or proceeding concerning our policies and/or service agreement must be brought in a Texas State court located in Cache County, Texas, and you hereby irrevocably consent to the exclusive jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waive, to the fullest extent permitted by applicable law, any objection which you may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum.

Website Care Plans

AUTHORIZATION

You are engaging GlobalSpex, Inc., as an independent contractor to perform work as described in the package(s) or service(s) you have purchased. In the event access to your website is necessary, you hereby authorize GlobalSpex, Inc. access and “write permissions” to all directories and files of your account with any other third-party hosting provider, as well as permission to install any necessary WordPress plugins for maintenance and security.

Current Hourly Rate

Throughout this document, reference is made to our current hourly rate. This rate is defined as our hourly rate that is in place at the time a service is requested, not at the time this agreement is signed. We will provide you with our current hourly rate upon request.

Availability and Communication

We are available via email and phone Monday through Thursday from 9:00 am to 5:00 pm, Fridays from 9:00 am to 12:00 pm Eastern time. Our normal response time is one business day, though our response time may vary. We do not work on weekends or holidays. Clients with current website management services receive priority response times.

Support requests are managed through on Support Management Tool. You will have access through a user account or you can send an email to [email protected].

Office phone and email are the primary means of communication accepted for our work together. We do not communicate via mobile phone, text message, social media, or instant/private messaging (like Facebook Messenger) to communicate since we cannot track these requests as a team.

Website Hosting

Our Website Management Service includes website hosting. If you elect not to host on our server, we cannot be responsible for the speed of your website, the performance of any of your website features, security certificates for your website, the uptime of your website, or any other hosting related matter.

FIXING ANY PROBLEMS RELATED TO WEB HOSTING, OR PROJECT DELAYS RELATED TO WEB HOSTING ON A SERVER OTHER THAN OUR OWN IS BILLABLE AT OUR CURRENTLY HOURLY RATE.

We use commercially reasonable efforts to make sites that we host available 99.9% of the time during each monthly billing cycle. If we are unable to meet this service level, you will be eligible to receive a credit to apply to future billing cycles based upon the unavailability for that month. For the purposes of this agreement, unavailability means that either your website is unresponsive, or your website returns a server error response to valid user requests for more than 60 seconds of consecutive requests, and in all cases that the unavailability is not because of local, regional, national or international outages.

Unavailability that is a result of scheduled maintenance is excluded from these conditions and will not be considered for service credit calculations. Scheduled maintenance is defined as maintenance that is announced at least 2 days in advance, and does not exceed one hour in any month. Typically, scheduled maintenance occurs in off-peak hours (usually in the early morning).

Service credits will be calculated as a percentage of the bill for the billing cycle that the unavailability occurred. The percentage for the credit will be calculated by dividing the number of minutes of unavailability by the total number of minutes in that billing cycle. THE CUSTOMER MUST REQUEST SERVICE CREDITS WITHIN 7 DAYS OF THE UNAVAILABILITY OCCURRING.

Website Management Service

Our Website Management includes website hosting, website software updates, website backups, and website security.

Website Security

Our lockdown protocol hardens the WordPress system to make it more resistant to the actions of hackers. We employ industry-leading security software that actively guards your website against hack attempts at multiple levels in the WordPress system.

Website Backups

Your website’s files and database will be backed up automatically each day your website has activity (if your website does not have activity, there is no need for a backup to occur). This backup is stored in our cloud data vault where we typically retain the previous 30 backups for your site.

Software Updates

Each week, at our discretion, we will apply available updates for the WordPress core software, your theme files, and your plugin files. We perform these updates for the items that appear in the “Updates” area of your WordPress dashboard. We also watch WordPress industry security news and proactively perform these updates more frequently during times of enhanced threat levels.

While it is impossible to guarantee that your site will never be hacked, all of these techniques make your website a more difficult target for hackers. In addition, it is well known that hackers tend to exploit easier targets first – sites without security measures in place. However, in the event that your site is hacked, we will restore it to pre-hack condition at no additional cost either by restoring a site backup or performing a malware cleanup at our discretion.

Restoring Backups

Should your site become compromised by a hack or if your site becomes inoperable because of user error, we will restore a backup for you.
If the restorations are the result of a hack, there is no limit to the number of restorations we will perform for you under this service.
If the restorations are due to user error, we will perform a maximum of 2 restorations in any 30-day period.
Additional user error-related restorations will be performed at our current hourly rate with a one-hour minimum.

Premium (Paid) Themes and Plugins

Many websites use themes and/or plugins that require the payment of a recurring license fee to maintain access to ongoing software updates. We have secured appropriate licensing for many of these.
If we have appropriate licenses for the themes and/or plugins used by your website, the cost for recurring license fees are included in your Website Management Services, and licensing will be maintained for you as long as you are an active subscriber to our Website Management Services.
If your website uses premium themes and/or plugins and we do not have appropriate licensing, the responsibility is yours for maintaining the appropriate licensing to ensure the availability of updates.
We will advise you of the themes and/or plugins for which you will need to maintain licensing and assist you as needed in the process of obtaining them.

WE CANNOT BE HELD LIABLE FOR PROBLEMS SUCH AS BUT NOT LIMITED TO HACKS, INOPERABILITY OR INTERCOMPATIBILITY THAT ARISE FROM PREMIUM PLUGINS WHICH YOU CHOOSE NOT TO LICENSE AND ARE OUT OF DATE.

Plugin Compatibility

If an update to a plugin creates conflicts or causes issues with the functionality of your website, we will consult with you to determine the best course of action. Typically, we will remove the offending plugin and replace it with a similar plugin or other programming. If the time required to resolve a plugin compatibility issue exceeds 3 hours, additional time will be billable at our current hourly rate.

IT IS YOUR RESPONSIBILITY TO INFORM US IF YOUR SITE IS EXPERIENCING PROBLEMS AND NEEDS ATTENTION.

IF YOU ELECT NOT TO PURCHASE OUR WEBSITE MANAGEMENT SERVICE, THE TOTAL RESPONSIBILITY IS YOURS FOR PERFORMING BACKUPS AND KEEPING WORDPRESS (AND ITS THEMES AND PLUGINS) UPDATED.

COPYRIGHT

GlobalSpex, Inc. does not assume any responsibility or liability for the content of the websites it manages, maintains and/or hosts.

Payment and Cancellation for Website Management Services

Payment for Website Management Services is due on the first day of the period (monthly, quarterly, or annually) in which that service will be performed.

Cancellation of any monthly recurring service can occur at any time after your first 6 months of service.

You may cancel website management services with a 30-day notice. WE DO NOT OFFER REFUNDS ON WEBSITE MANAGEMENT SERVICES.

IF YOU ELECT TO DISCONTINUE WEBSITE MANAGEMENT SERVICES, THE TOTAL RESPONSIBILITY IS YOURS FOR PERFORMING BACKUPS AND KEEPING ALL COMPONENTS OF YOUR WEBSITE BACKED UP, SECURED, AND UPDATED.

To make a cancellation request, you will need to complete our cancellation request form.

If you desire to migrate your website to another web host. We will at your discretion (1) provide you with an administrator login for your WordPress site so a backup can be performed and migrated to the new location, (2) provide to you a backup created using an industry-standard WordPress backup system at a cost of $100, or (3) perform the website migration for you at our current hourly rate.

Late Payment and Collections Policy

All invoices pertaining to web hosting, security, maintenance, or any other work on your website are payable on receipt. If an invoice goes unpaid for more than 30 days after the invoice was sent, WE RESERVE THE RIGHT TO SUSPEND YOUR WEBSITE FROM PUBLIC VIEW UNTIL ALL OUTSTANDING BILLS ARE CURRENT.

Amounts due and unpaid shall bear interest at the rate of twelve percent (12%) per annum. The client agrees to pay all costs of collection, including reasonable attorney’s fees, as additional sums owed under this Agreement. The client further acknowledges and agrees that if a check tendered for payment is not honored by the bank for non-sufficient funds (“NSF”), it will not be re-deposited. If the bank does not clear the check, the Client will incur a fee of $30. The Client must immediately send a certified check or money order for the amount due, including the NSF fee, to the Company to cover the returned check.

You can check your state’s allowed NSF fees here: https://www.vericheck.com/state-allowed-nsf-fees/

Your Responsibilities in Website Security

We employ basic WordPress security techniques when building your website. However, studies have shown that one of the most common ways that hackers gain access to your website is through keylogging programs installed on the infected computers of users. You agree to protect any computer that will log into the website by:

Installing and maintaining updated security software

Using the most up-to-date version of your preferred web browser
Keeping the operating system patched with recommended updates
Keeping versions of other installed software up to date if they are installed.

You also agree to use a strong password (as shown by the WordPress password indicator) for any account you use to log in and edit your website, and that this password will only be used on your website. We recommend the use of a password manager so that you have strong unique passwords for every site you access.

Third-Party Services

From time to time, our clients might employ a third party (such as but not limited to a Search Engine Optimization professional, social media professional, or content writer) whose services involve modifications to the website. WE CANNOT BE RESPONSIBLE FOR THE WORK OF A THIRD PARTY. Should our services be necessary due to any work performed by a third party, these services are billable at our current hourly rate.

OUR WEBSITE MANAGEMENT PLANS DO NOT COVER WORK NECESSARY DUE TO ACTIONS PERFORMED BY A THIRD PARTY. SHOULD OUR SERVICES BE NECESSARY DUE TO ANY WORK PERFORMED BY A THIRD PARTY, THESE SERVICES ARE BILLABLE AT OUR CURRENT HOURLY RATE.

Email Deliverability

Occasionally, your website will send emails when certain events occur such as the completion of a contact form, sale of a product, update/reset of a user’s password, etc. These emails that are automatically generated by the WordPress system are often flagged as spam (or not delivered at all) by email providers like Google/Gmail, Microsoft, Yahoo, and others.

SINCE WE CANNOT CONTROL THE RECEIPT OF EMAIL, WE CANNOT BE HELD RESPONSIBLE FOR ANY EMAILS THAT WERE NOT DELIVERED TO THE CLIENT FOR ANY REASON.

IT IS THE CLIENT’S RESPONSIBILITY TO REGULARLY CHECK SPAM FOLDERS AND WEBSITE FORM AND ORDER INTERFACES FOR ANY NOTIFICATIONS THAT WERE NOT DELIVERED TO THE CLIENT’S INBOX.

Email Service

WE DO NOT PROVIDE OR SUPPORT EMAIL SERVICE TO CLIENTS. We recommend consulting with an IT Professional about implementing third party services such as Google Apps and Microsoft Office 365.

Domain Names

Registering a domain name for your website and paying the accompanying annual registration fee is your responsibility. We can assist in the process of registration and connecting your domain name to the website if you desire. You can purchase your domain name for multiple years, or renew it annually at your discretion.

It is your responsibility to ensure that the credit card the domain registrar has on file for your domain registration is current for rebilling.

WE ARE NOT RESPONSIBLE FOR SUSPENSION OR LOSS OF DOMAIN NAMES BECAUSE YOUR CARD COULD NOT BE BILLED OR FOR ANY OTHER REASON. Work needed as a result of domain expiration is billable at our current hourly rate.

Website Accessibility and Compliance

If laws require that your website is accessible to users with disabilities, or if you desire for it to be, it is your responsibility to inform us of this requirement.

If your website or any associated data must meet compliance requirements of any kind for any entity, organization, or regulatory body (such as but not limited to HIPAA, FERPA, etc.), it is your responsibility to inform us of the specific compliance requirements involved.

WE DO NOT GUARANTEE TO MEET ANY COMPLIANCE FOR ACCESSIBILITY OR OTHER REQUIREMENTS UNLESS WE HAVE EXPLICITLY AGREED IN WRITING TO DO SO.

Disclosure to Law Enforcement

We will disclose information about our clients to law enforcement agencies without further consent or notification to the client upon lawful request from such agencies. We will cooperate fully with the legal requests of law enforcement agencies.

Indemnification

The Client agrees to indemnify and hold harmless the Company, its subsidiaries, contractors, employees and affiliates and each of their respective directors, officers, employees, shareholders, and agents (each an “Indemnified Party”) against any losses, claims, damages, liabilities, penalties, actions, proceedings, judgments, or any and all costs thereof (collectively, “Losses”) to which an Indemnified Party may become subject and which Losses arising out of, or relate to the Agreement, Client’s use of the Services, breach of any confidentiality obligation or any alleged infringement of any trademark, copyright, patent or other intellectual property right and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees incurred by such Indemnified Party, in connection with investigating, defending, or settling any Loss, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.

Choice of Law and Forum

This Agreement, and any related Statements of Work, shall be construed in accordance with and governed by, the laws of the State of Texas without regard to Conflict of Law principles.

In the event of any dispute or disagreement with respect to the meaning, effect, or interpretation of this Agreement or in the event of a claimed breach of this Agreement, the parties hereto agree that such dispute shall be determined through mediation. The parties will mutually select a mediator and share the cost of mediation equally. Unless otherwise mutually agreed, the location of the mediation will be in Fort Bend, Texas. The parties agree to cooperate fully with the mediator in good faith in order to reach a mutually satisfactory resolution of the dispute.

If the dispute is not resolved within 60 days after it is referred to the mediator, either party has the option to litigate the dispute in a court of law located in Fort Bend, Texas.

Refusal or Discontinuation of Service

We reserve the right to refuse, restrict or terminate service to any client for any reason.

Disclaimer of Warranty

We will perform our work in accordance with good industry practices and at the standard expected from a suitably qualified person with relevant experience. We cannot guarantee that our work will be error-free and so we cannot be liable to you or any third-party for damages, including lost profits, lost savings, or other incidental, consequential or special damages, even if you’ve advised us of them.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT SERVER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL.

Limitation of Damages or Liability

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY, ITS AFFILIATES AND ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, FOR HARM CAUSED BY OR RELATED TO THE CUSTOMER’S SERVICES OR INABILITY TO UTILIZE THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NOTWITHSTANDING ANYTHING ELSE IN THIS MASTER SERVICES AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY ANY OF ITS EMPLOYEES, AGENTS, CONTRACTORS OR AFFILIATES, UNDER ANY THEORY OF LAW SHOULD NOT EXCEED THE AMOUNT OF FEES IT HAS COLLECTED ON THE CUSTOMER’S ACCOUNT IN THE LAST SIX MONTHS.

Severability

No part of this Agreement will be affected if any other part of it is held unenforceable or invalid.

Headings

The headings in this Agreement are inserted for convenience only and are not a part of this Agreement.

Entire Agreement

This Agreement and any Proposals of Service attached, constitute the entire agreement and understanding of the parties with respect to the transactions contemplated hereby and supersedes any and all prior agreements and understandings relating to the subject matter hereof. This Agreement may not be waived, assigned, extended, amended, supplemented, or modified orally, but only by a written instrument signed by the party against whom enforcement of any such waiver, assignment, extension, amendment, supplement, or modification is sought.

Modifications

We reserve the right to make changes to these Terms of Service at any time. We will provide you with notice when we make changes to this Terms of Service.

Construction

The parties acknowledge and agree that they have read, understood, and have actively negotiated the terms of this Agreement, participated in its drafting, and have been represented by legal counsel. Therefore, this Agreement shall not be deemed to be the product of either party and shall not be enforced or interpreted any more stringently or strictly against either party.

Assignability

Neither the Company nor the Client may assign this Agreement without the prior consent of the other.

Acceptance

Please note that by submitting your payment, you are agreeing to all of our terms of service as they are written here. GlobalSpex, Inc. reserves the right to change or update these terms at any time without prior notice. The user of this site agrees to the terms of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of the parties.

Please contact us with any questions regarding the GlobalSpex, Inc. terms of service by email.