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.asp).
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, 325 Mt. Lebanon Blvd., Pittsburgh, PA 15232
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!