Terms of Service

By using the GlobalPOPs Network you hereby warrant that you agree to and have read and understand the terms and conditions explained below, that you are qualified and legally able to agree to these terms, and that you are at least 18 years of age.

TERMS OF SERVICE

Thank you for choosing GlobalPOPs for your Wholesale Dialup needs. GlobalPOPs has developed a complex infrastructure of up-to-date network and data serving equipment in order to make your access to the Internet ("GlobalPOPs Network") reliable and user friendly. While GlobalPOPs attempts to encourage quality and accuracy of information available through its system, we exercise no control over the content on the Internet, and therefore, GlobalPOPs cannot be held responsible for incorrect information.

By registering for any GlobalPOPs service, the user agrees to the terms and conditions specified in this document. GlobalPOPs reserves the right to make changes and supplement this document at any time, with the condition that changes will be published on the GlobalPOPs Web Site, (http://www.globalpops.com/terms-of-service.html). Users will be notified of changes through the back office news link. It is the customer's responsibility to check for updates.

LAWFUL USE

GlobalPOPs' service may only be used for lawful purposes and consistent with all rights of other parties. Without limiting the foregoing, GlobalPOPs' service shall not be used in a manner which would violate any law or infringe any copyright, trademark, trade secret, right of publicity, privacy right or any other right of any person or entity or for the purpose of transmitting or storing of material which is obscene, libelous or defamatory. Use and access to other networks through GlobalPOPs must comply with the rules, regulations, terms, policies and/or conditions for such other networks. For purposes of tracking security breaches as well as general system administration, GlobalPOPs users agree to random monitoring of activity while logged on to any of its systems.

No user of GlobalPOPs services may compromise the security of any system or device on our network or any external network, or attempt to bring about a denial of any form of service on our network or any external network.

MAIL AND NEWS GROUP USAGE

In order to maintain an efficient environment for the exchange of information, GlobalPOPs will not facilitate the transmission of harassing or mass unsolicited email in any form, and therefore such activity is strictly prohibited. Using or storing programs or methods designed to conceal the author's identity by forging header information is also prohibited. GlobalPOPs users may use anonymous re-mailers so long as they are used legally and in accordance with GlobalPOPs' policies and procedures as set forth from time to time.

Using programs to collect email addresses from mailing lists, newsgroups or Web sites ("address harvesters" or "extractors") is strictly prohibited. Additionally, the use of any form of bulk emailer system to deliver unsolicited mail in any amount is strictly prohibited.

The use of "opt-out" mail distribution techniques is strictly prohibited. "Opt-out" techniques require users to do something proactively not to receive future emails from a source they never originally requested to receive email from. This includes requiring users to send email to "remove" addresses in such cases. "Opt-in" lists, where users specifically elect to receive your mailings, are permitted, provided ample proof is submitted in advance of the mailing that users actually elected to receive mail from you. If proof of opt-in is not provided in advance, any mass-emailing is prohibited and will be cause for immediate termination of service and a cleanup fee of $1000.

GlobalPOPs does not restrict news postings on the basis of content with the exception of postings that contain illegal information or violate GlobalPOPs' terms and conditions of service. Posting ten (10) or more separate copies of the same message ("spamming" or "excessive multi-posting") or cross-posting a message to 10 or more newsgroups ("excessive cross-posting") or making posts for the purpose of promotion of any product or website is strictly prohibited and subject to a cleanup fee of $1000, in addition to the termination of the account. Posting messages in defiance of a newsgroup charter or FAQ is strictly prohibited. If you don't know if you can post it, ask. Users who violate these rules may be subject to additional charges for resources spent responding to complaints, deleting unsolicited correspondence and account cancellation.

Evidence that the user is participating in any referenced prohibited activities may result, at GlobalPOPs sole discretion, in the immediate cancellation or suspension of the user’s account.

GlobalPOPs reserves the right to communicate information of a commercial or non-commercial nature to its users that it believes will enhance the benefits of the GlobalPOPs service.

CHANGES TO SERVICE

The services provided by GlobalPOPs are expected to change as technology changes and systems are upgraded. GlobalPOPs reserves the right to change any service offered or the features of any service offered on its network with 10-day notice to customer, including changes to access and use procedures such as idle connections, and all system hardware and software.

LOCAL NUMBER PORTABILITY (LNP)

The Federal Communication Commission (“FCC”) has mandated that wireless and wireline service providers allow customers with eligible phone numbers to retain their phone numbers when changing service providers (referred to as Local Number Portability (LNP) or porting a number). In order for GlobalPOPs to port a number the number must remain associated with the same local geographic area where it is currently assigned and must be in an area where GlobalPOPs currently provides service. GlobalPOPs does not warrant that porting a number from an existing service provider ( “Original Provider”) will be uninterrupted or error free and porting a number is done at the user's sole risk. Certain obstacles may occur during the porting process that are outside of GlobalPOPs’ control, including but not limited to the inability of GlobalPOPs to port the user’s number(s) and/or Original Provider’s refusal to port the user’s number. GlobalPOPs does not guarantee that porting will occur on a particular port date or that capacity if available at the time the porting occurs. GlobalPOPs reserves the right to change the port date in its sole discretion. Prior to porting the number(s), Customer shall provide a copy of its most recent billing invoices from the Original Provider as proof that the user is the owner of the number(s) being ported. Any existing call forward numbers or similar service numbers may not work if the ring-to numbers are ported at the same time and that Centrex lines must be ported at the same time. Failure to comply with these conditions may result in GlobalPOPs’ refusal to port the number. Under no circumstances shall GlobalPOPs be liable for any indirect, incidental, special or consequential damages, including, without limitation, loss of profits, associated with porting a number.

Canceled or suspended accounts with the user’s Original Provider are not eligible for transfer, and canceling service prior to porting may prevent the user from keeping its number. Cancellation of Customer’s account with its Original Provider prior to notification from GlobalPOPs that the port has been completed is done at the user’s sole risk and is not recommended by GlobalPOPs. It is user’s sole responsibility to cancel its account with the Original Provider pursuant to the terms as set forth in the contract with its Original Provider. It is the user’s responsibility to request and receive a cancellation confirmation number when canceling their service. Customer shall be responsible to its Original Provider for any contractual requirements and applicable charges, including an early-termination fee, pursuant to Customer’s contract with the Original Provider.

ACCESS NUMBER TRANSITION

From time to time, at GlobalPOPs’ sole discretion, may force an end user to a generic webpage that advises the end user to choose a new access number to dial. The webpage will give end users access to GlobalPOPs Call finder utility at no charge.

TOLL FREE ROUTING

Customer agrees that it shall not cause itself or allow any other carrier to route, or request or permit the routing of any toll free (8XX) calls or traffic using CIC 0099 or 0110 to or in conjunction with any ports, DID, or POTS numbers assigned by GlobalPOPs, or use or permit the use of any other call routing method that would cause the originating carrier to bill GlobalPOPs, without the prior written consent from an officer of GlobalPOPs. In the event that Customer causes or sends calls to the GlobalPOPs switch that are not approved for termination, then Customer shall be liable for any such charges billed to GlobalPOPs by an originating or transiting carrier as a result of such transmission or routing at the applicable rates as outlined in the Price Sheet or toll free tariff Customer’s causing, transmitting, or routing of toll free traffic to any ports, DID, or POTS numbers provided by GlobalPOPs without complying with the foregoing requirements may result in the immediate termination of Service by GlobalPOPs in its exclusive discretion notice to Customer.

REALM NAME RELEASE

Realms (including domains) that are provisioned on the GlobalPOPs network are viewed as the intellectual property of the domain registrant. Domain registrants requesting to have their realms that are already active on the GlobalPOPs network reassigned to GlobalPOPs can do so through sending a letter on their company letterhead to GlobalPOPs and to the company who originally provisioned the realm (the "register"). If a realm is provisioned without any traffic, that realm can be reassigned by the domain registrant at any time. If there is traffic on a realm, the domain registrant will send a request to GlobalPOPs and to the register to request that the realm to be released and reassigned. If the register does not reply within 5 days, the realm will be reassigned to the domain registrant. If the register replies and refuses to release or reassign the realm without an explanation establishing good cause as decided by GlobalPOPs as to why the realm should not be released and reassigned, then GlobalPOPs may in its sole discretion and based upon disclosed relevant facts, release and reassign the realm.

PAYMENT TERMS

GlobalPOPs' users will be billed the day the account is created. The first day of billing will become the regular billing date in each subsequent month thereafter. Rate changes are effective when notified via email or in writing. GlobalPOPs will make every effort to notify users of a service rate change at least thirty (30) days in advance of such change.

GlobalPOPs offers two convenient payment methods which include credit card (Visa, MC, Amex, Discover) and ACH (Automatic withdrawal from Bank Account). GlobalPOPs does not provide mailed monthly invoices as a payment option. For users who pay by ACH, there will be a service charge in the amount of $30 for payments rejected due to non-sufficient funds. Users will be billed by Ad-Base Systems, Inc. (http://www.adbasesystems.com), GlobalPOPs' billing company.

If payment is not received within five (5) days of the billing due date, due to any reason including, but not limited to inaccurate billing address, inaccurate credit card number, expired credit card, unauthorized credit card, and/or insufficient funds, GlobalPOPs may suspend and/or cancel all user privileges. The user is responsible for any and all fees including, but not limited to, attorneys fees, legal and court costs, required for the collection of the user's past due account.

PAST DUE ACCOUNTS AND COLLECTIONS

If payment is not received on or before the user's billing due date, for any reason including, but not limited to, inaccurate billing address, inaccurate credit card number, expired credit card, unauthorized credit card, and/or insufficient funds, GlobalPOPs will charge the user a late fee up to 2.5% of the past due amount, not including previous late fees, with a $5 minimum. If the account goes to collection for any reason, the user is responsible for any and all fees including, but not limited to, attorneys fees, legal and court costs, incurred for collection of the user's past due account.

BILLING DISPUTES

Customer shall notify GlobalPOPs of any billing dispute by completing and submitting a "Billing Dispute Form" located in the BackOffice, (www.loginto.us), under the "Accounting" link. Customer is responsible for paying any undisputed charges on the bill being disputed. Customer's failure to submit a billing dispute within sixty (60) days forfeits the Customer's ability to dispute the bill. The parties shall work in good faith to promptly resolve any billing dispute initiated in accordance with this Agreement.

TERMINATION AND SUSPENSION

GlobalPOPs may, in its sole discretion, terminate the user's account at any time with or without cause. GlobalPOPs also may, at its sole discretion, suspend a user's account at any time with or without cause. TERMINATION OR SUSPENSION FOR CAUSE DOES NOT RELEASE THE USER FROM LIABILITY FOR CHARGES DUE AND OWING UP TO AND INCLUDING THE DATE OF TERMINATION.

GlobalPOPs may delete all data, files or other information that is stored in user's account upon termination. If payment has not been made pursuant to these terms and conditions, GlobalPOPs may exercise it's right to delete data files stored in the user's account. GlobalPOPs may, in its sole discretion, terminate or suspend the any user's account in order to satisfy the safe harbor provisions of the Digital Millennium Copyright Act.

CUSTOMER CANCELLATION

All charges not disputed within thirty (30) days of the statement date are final. Any charges for extended services, other than monthly charges, are not refundable. Notice of cancellation of customer’s services shall be deemed effective only if said cancellation is faxed to (800) 216-9062 on customer’s official letterhead; any other means of notification shall be deemed invalid and customer will be responsible for any and all charges for services until such services are properly terminated. It is the user’s responsibility to request and receive a cancellation confirmation number when canceling their service. Cancellations are valid only if the user has a valid confirmation number for each account. No refunds will be issued on accounts for services provided prior to the date of deactivation unless the cancellation takes place during the trial period.

GLOBALPOPS’ SERVICES

The usage allowed with GlobalPOPs dialup product depends on the type of account the customer has signed up for at activation. Per user accounts are limited to 200 hours on a rolling thirty (30) day basis. Per port accounts are a dedicated and unlimited service. Hourly accounts are strictly usage based. All GlobalPOPs services are prepay. In the event that customer has a realm or child realm with less than ten (10) users, Customer will be billed a service charge in the amount of $25 per realm or child realm for any additional realm or child realms with less than ten (10) users after ninety (90) days.

CAMPING ON GLOBALPOPS’ NETWORK

While your users are free to dial in at any time, these are not dedicated connections. When users are not actively using the system, GlobalPOPs requests that they log off to ensure that connections are available for other active users. GlobalPOPs may utilize detection programs to ensure that users are not using automated programs just to keep the connection alive. If an ISP's aggregate average usage exceeds 40 hours per month, GlobalPOPs reserves the right to discontinue service or re-price the ISP's current per user pricing to more closely reflect actual usage. GlobalPOPs may terminate service in accordance with the Termination and Suspension policy outlined above.

NO WARRANTY; LIMITATION OF LIABILITY

The use of GlobalPOPs services, and the Internet in general, is at user's sole risk. GlobalPOPs does not warrant that its services and/or access to its network will be uninterrupted or error free; nor does GlobalPOPs make any warranty as to the results or information obtained from use of its service or system or the Internet in general. GlobalPOPs' services are provided on an "as is," "as available" basis without warranties of any kind, either expressed or implied, including implied warranties of merchantability or fitness for a particular purpose, all of which warranties are hereby expressly disclaimed except to the extent any warranty cannot be disclaimed under applicable law. Under no circumstances shall GlobalPOPs be liable for any indirect, incidental, special or consequential damages, including, without limitation, loss of profits.

GlobalPOPs does not guarantee the accuracy of its local phone number search results. GlobalPOPs strongly recommends that user confirms with its local telephone provider that the access number user wishes to use is a local, toll-free call. Under no circumstances will GlobalPOPs accept responsibility for telephone toll charges incurred while accessing the GlobalPOPs Network.

INDEMNITY

The user agrees to indemnify and hold harmless GlobalPOPs, its directors, officers, shareholders, agents, employees and its customers from any and all claims, liabilities, damages, or expenses, including attorney fees, arising out of, or resulting from, any and all use of GlobalPOPs services and/or its network, whether or not authorized including, but not limited to, claims of intellectual property infringement, including copyright infringement.

NON-TRANSFERABILITY

User's account and the right to use GlobalPOPs' services and system are non-transferable unless GlobalPOPs gives its consent in writing. User agrees to protect its password and account and to keep them secure from unauthorized users and use. If GlobalPOPs discovers that the user's account is being used improperly for any reason, GlobalPOPs, it its discretion, can at any time suspend or cancel the user’s account.

STATEMENT OF CONFIDENTIALITY

Electronic mail and other transmissions passing through the Internet and through GlobalPOPs’ system are not confidential. Accordingly, GlobalPOPs cannot guarantee the protection or privacy of any information of any user. GlobalPOPs reserves the right to monitor a user's mail and transmissions as a necessary incident to providing service and otherwise to protect the rights or property of GlobalPOPs. GlobalPOPs will not disclose any such information unless required to operate its system or pursuant to a court order, subpoena, or similar legal request or otherwise on the advice of counsel.

DIGITAL MILLENIUM COPYRIGHT ACT NOTICES

For problems arising under the Digital Millennium Copyright Act, please contact us at:

GlobalPOPs, Eight Penn Center West, Pittsburgh, PA 15276

Voice: 866-999-4767 -- Fax: 412.531.6050

Email: support@globalpops.com

ACCEPTANCE

By accepting service from GlobalPOPs, the user agrees to all of the terms and conditions contained herein. These terms and conditions supersede all other written and oral communications or agreements with regard to the subject matter. Any waiver, modification or variation of these terms and conditions shall only be effective if in writing and/or in the form of a business contract signed by an authorized officer of GlobalPOPs. These terms and conditions shall be governed by and interpreted in accordance with the laws of the Commonwealth of Pennsylvania without regard to choice of law principles.

AUTHORIZATION AND DIGITAL SIGNATURE

By accepting this agreement or using any services offered by GlobalPOPs, the user acknowledges that a digital signature has been made according to the laws of the Commonwealth of Pennsylvania. This digital signature applies to the Terms and Conditions and also any charges to the user's credit card, bank account or other instrument of payment that has been provided to GlobalPOPs.

Thank you again for choosing GlobalPOPs as your Wholesale Internet Service Provider!