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Global Data Systems, Inc. (GDSI)

Internet Access Account
Terms of Service and Conditions

Global Data Systems Inc. (GDSI) was formerly named Access Internet Communications ( AIC), consequently all references to Global Data Systems Inc. (GDSI) also include any and all accounts/services originally subscribed/contracted under Access Internet Communications ( AIC).

Acceptance: Use of any Global Data Systems, Inc. (GDSI) services constitutes your acceptance of these Terms and Conditions.

<B>Contract</B>: Your relationship with AIC/GDSI is defined by the legally binding contract consisting of your signed Subscription Agreement and these Terms and Conditions. In addition, Global Data Systems, Inc. (GDSI). has administrative policy documents, which define some of these Terms and Conditions in more detail. You must be old enough to enter into legally binding contracts before opening an account with Global Data Systems, Inc. (GDSI).

Community: The subscribers of Global Data Systems, Inc. (GDSI) form a community. Global Data Systems, Inc. (GDSI). provides an environment including communication services which supports you and the community. As a member of the community, you have an account at Global Data Systems, Inc. (GDSI). and agree to interact with the community and its members in a responsible way. Failure to do so could result in your account being terminated without notice. You also agree to pay for your account and associated services on a subscription basis until you notify us in writing (by letter, email, or fax) that you are terminating your account and your relationship with the community.

Behavior: Any access to other networks or services through Global Data Systems, Inc. (GDSI). must comply with the rules appropriate to those other networks or services. Global Data Systems, Inc. (GDSI) may only be used for lawful purposes. Transmission of material in violation of any US or state regulation is prohibited. This includes, but is not limited to copyright material, material legally judged to be threatening or obscene, or material protected by trade secret. You agree to defend, indemnify, and hold harmless Access Internet Communications (AIC)/Global Data Systems, Inc. (GDSI) from any claims resulting from your use of any service or name, which damages you or another party.

Mission: Global Data Systems, Inc. (GDSI). is dedicated to providing reliable, high-quality communication services to its subscribers. Any revenues collected in excess of operating costs are used to provide better services to the subscriber community.

Content: Global Data Systems, Inc. (GDSI). exercises no control whatsoever over the content of the information passing through or stored at Global Data Systems, Inc. (GDSI) in effect Global Data Systems, Inc. (GDSI) does not censure content. Use of any information obtained via any Global Data Systems, Inc. (GDSI). services is at your own risk. Global Data Systems, Inc. (GDSI). specifically denies any responsibility for the accuracy or quality of information obtained through its services. Global Data Systems, Inc. (GDSI). does not maintain backup copies of any transient data or communications nor do we maintain backup copies of data stored at Global Data Systems, Inc. by you. It is your responsibility to maintain backups of data you store at Global Data Systems, Inc. (GDSI).

Disclaimer: Global Data Systems, Inc. (GDSI). makes no warranties of any kind, whether expressed or implied, for the services it provides. Global Data Systems, Inc. (GDSI). also disclaims any warranty of merchantability or fitness for a particular purpose. Global Data Systems, Inc. (GDSI) will not be responsible for any damages you suffer. This includes loss of data resulting from delays, non-deliveries, or service interruptions of any kind.

Security: Global Data Systems, Inc. (GDSI). makes every effort to protect the confidentiality of the information passing through it by use of a properly administered password and file ownership system. The administrative staff of Global Data Systems, Inc. (GDSI). will not violate the confidentiality of any information passing through it. However, administrative problem solving may require on occasion the viewing of information, which is considered confidential. The existence (name, size, etc.) of a file may not be hidden at Global Data Systems, Inc. (GDSI).

Names: Internet addresses (static IP, class C, etc.) are the property of Global Data Systems, Inc. (GDSI). and are for use only with active accounts. The choice of any name (domain, account, etc.) associated with an account is solely the responsibility of the account owner. You warrant that any name used to identify your Global Data Systems, Inc. (GDSI) account or associated services will not infringe on any trademark or service mark owned by anyone else. Some names can only be changed at additional cost by creating a new service using the new name.

Restrictions: Accounts used in violation of these Terms and Conditions or accounts used in violation of the rules appropriate to other networks or services will have services interrupted. Service interruptions do not relieve you from your obligation to pay for your account.

Subscription/Cancellations: Your subscription to Global Data Systems, Inc. (GDSI) starts on the day you sign up for any Global Data Systems, Inc. (GDSI) services. Your initial payment must be made on the day of sign-up for such services. Your subscription ends when Global Data Systems, Inc. (GDSI). receives a written request to terminate your account. Your subscription and your obligation to pay for your account may be canceled in writing at any time, and will terminate on the expiration date for your billing cycle. If you do not want your account to be charged please notify us prior to the Expiration Date for your account, if we are not notified of cancellation prior to the Expiration Date for your account you will be charged no less than 17% of your normal monthly fee for the 5 days of service that your account remained active past the Due Date on your account (known as the "Grace Period". Request for Cancellation made on paid accounts after the "Grace Period" will become effective on the current expiration of the account. There will be no "refunds" for cancellations made after the 5th day past the start of the billing cycle.

For example:
Your account is due the 1st of the month, you pay your account. Then on the 10th of the month you decide you want to cancel your service. Your cancellation request will be noted, and your account will be terminated on the first of the next month, but will remain active the remainder of the current month. There will be no refund of monies paid for the current months service.

On the 1st of the next month your account will be terminated immediately and any and all content stored on the equipment of Global Data Systems, Inc. (GDSI) will immediately be deleted. Also if you decide you do not want to cancel your account you must notify us prior to the Expiration Date for your account to avoid, any data, email, webpages, etc. from being deleted.

Due to past incidence of fraud, member accounts/subscriptions may no longer be canceled via telephone, and must be done in writing via email, fax, or letter.


Invoices: All "Invoices" for service are sent via electronic mail (Email) at least 2 weeks before before the expiration date of the account. As a courtesy payment reminders may be sent via electronic mail before your subscription expires. Reminders are not sent if your subscription is paid in advance. Invoices/Reminders are sent only via electronic mail (Email). No printed or hard copy is available, except for "pick-up" in person. You agree to pay for your account even if your electronic invoice/reminder does not reach you for whatever reason. The current status of your account (as well as invoices, payments, and services being billed) is always available from Global Data Systems, Inc. (GDSI) by logging into your account in the Member Support Center

Payment: Payment for your account is due before your subscription expires. Payments posted to your account extend your subscription. If payment is not received by the 5th day after the "Due Date" the account will be placed on "Hold". If you decide you want to cancel your account, but do not notify us appropriately prior to the beginning of your billing cycle (or the Due Date) you will be billed for the 5 days "Grace Period" at the rate of $4.00.

Default: Payment is due before your subscription expires. Accounts not paid by the "Past Due" date will automatically be placed on "Hold", and all access will be interrupted. If your subscription expires and you have not notified us that you are terminating your account, your account is in default and services associated with your account will be interrupted immediately. Such interruption does not relieve you from your obligation to pay for your account. Only a written request to terminate your account relieves you from your obligation to pay for your account. Accounts, which are in default, are not eligible for any discounts or promotions. Accounts that have had service interrupted must pay any and all outstanding charges, bringing the account/subscription up to date, before any service/s will be restored. After 45 days of being on "Hold" the account will be cancelled, flagged as "In default", and all email and other data stored on the servers of Global Data Systems Inc. (GDSI) will be deleted. The account will be sent to a collection agency for collection. As a result of your use of the services of Global Data Systems Inc. (GDSI), you agree that you will be held responsible for any and all cost of collections including but not limited to collections cost, attorneys fees, and any other cost that may be incurred.

Discounts: From time to time, Global Data Systems, Inc. (GDSI) offers discounts which may apply to qualified accounts. Accounts which are in default or have expired subscriptions are not eligible for any discounts/promotions.

Penalties: If your account payment is returned to Global Data Systems, Inc. (GDSI) unpaid, your account is immediately accessed a return charge of $25 from Global Data Systems, Inc. (GDSI) and the amount of the returned payment is subtracted from your account, and if necessary will be turned over to the State Attorney's Office for collection. Any Credit Card payment attempted but declined may result in service interruption, and your account being in default. This could cause your subscription to expire and could force your account into default, and placed on "Hold" if not resolved by the "Past Due" date. Any accounts over 60 days Past Due will be sent to a collection agency for collection and/or proper credit reporting. You agree to pay Global Data Systems, Inc. (GDSI) for all expenses, including but not limited to attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions.


Enduser Terms of Service
Acceptable Use Policy


We agree to provide you with those services set forth at the time of signup and you agree to abide by the restrictions made below. In the event of any violation of the below terms and conditions of using our service, we reserve the right to suspend or terminate your account immediately, without notice. If you do not wish to be bound by the below terms and conditions of using our service, then you may not access the service.

Warranty Disclaimer :
No warranty's are made regarding the service. We do not guarantee that the service will be uninterrupted or error free. We exercise no control whatsoever over the content of information that is passed through our system. The service is provided on an "as is" basis.

Responsibility of Use:
User shall assume all responsibility for all content distributed, accessed, or viewed while connected to our service. Under no circumstance shall we be held liable for your actions while you are using the service. In the event of a court order, we may provide any and all information that they request of us to them.

Limitation of Liability :
Under no circumstances shall we, our agents, our providers, or employees be liable for any damages, which result in any way from user's use or inability to use the service or any part thereof. This includes all direct and indirect damages, special, punitive or consequential damages that may result from busy signals, errors, delays in the service, deletion of files, viruses, theft, or alteration of a user's computer.
In the event that we are found liable under any circumstance under the terms of this agreement, our liability shall be limited to the unused balance of user's subscription payment pro-rated to reflect the current term.

Age Limit :
User represents to us that he or she is 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18.

Sexually Explicit Materials :
User understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk.
We have no control over and accept no responsibility whatsoever for such materials.

Restrictions of Use:
User understands that the following restrictions are applied to the service: User May Not:
•Send SPAM, or bulk email when dialed into the network.
•Post offensive, threatening, or SPAM, when using the newsgroups.
•Use their personal FTP site for business sites.
•Post or transmit viruses or any harmful component to others.
•Transmit anything that is protected by copyright without permission.
•Attempt to violate the security of any computer network
•Engage in any illegal activity.

Dialup Restrictions:
User agrees to allow provider to force a 10 minute idle timeout and 5 hour maximum session on their dial-up account. Attempts to defeat the idle timer using a ping bot or system tool, or the use of a redialer to automatically reconnect once disconnected is prohibited. Inactivity is defined as less than 500 bytes of data transferred between User's modem and the service.
User understands that unlimited service does not mean dedicated service. Dedicated service shall be defined as an average of more than 15 channel hours a day, based on a 30 day calendar month usage report. User may be blocked and forced to upgrade to continue service if their unlimited account is used as a dedicated connection.
User understands that some services may be offered as limited. Once the user has reached their limit, they shall not have access to the internet until the 1st of the next month. User will not be given and may not purchase more than one limited account in an attempt to get unlimited access on a limited service. If user wants unlimited, they must purchase an unlimited account.
The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. Loaning User's account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one log-in session per system account at any time.

Email Restrictions:
•User agrees that Port 25 (SMTP) is blocked for all outgoing mail servers except our own.
•User may not send to more than 25 recipients at a time.
•User may not send more than 100 emails per hour period.
•User may not send from an email address that is not their own.
•User may not send an email that is over 10 MB in size.
•User may not forge message headers to hide the origin of their email.
•Provider may block certain attachment types used in transmitting viruses.
•Email is kept on the server for only 60 days.

Hosting Restrictions:
•User may not run any daemons on the server.
•User may not run any program that sends out bulk email through the hosting server.
•User may not run any formmail.pl program earlier than version 1.92 Although we advertise unlimited bandwidth, we reserve the right to inform you that you must transfer your website if an excessive amount of bandwidth is being used. User may not purchase more than 1 hosting package and link them together in an attempt to get around our bandwidth or website size restrictions. We currently do not allow websites that exceed 15 GB of bandwidth per month to host on our servers. If the request is not met within 5 days, we do reserve the right to remove the website from our system. You agree not to post any of the following restricted contents: Illegal, Abusive or Unethical Activities include, but are not limited to, pornography, obscenity, nudity, violations of privacy, hacking, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses, as determined by us. You agree to indemnify and hold us harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials. We reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement.

Right to Cancel :
We reserve the right to cancel Service for any reason without prior notice. In the event that a user's service is cancelled for a reason outside of this TOS, we will refund the user the unused portion of that month's service at the time of cancellation.

System Backups:
We do not and will not perform system backups on any User's E-mail account(s). We shall not be held responsible for any lost E-mail data, email attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, we will not provide historical data, to any party for any reason, regarding any system or Internet activity.
Although we do perform system backups on hosting content, we shall not be held responsible for any lost web data, web files, or any website contents, regardless of the reasoning for data loss or system causes.
User should always keep their own backup of their website. Except as otherwise set forth herein, We will not provide historical data, to any party for any reason, regarding any system or Internet activity.
We do not perform backups on the mysql databases. We shall not be held responsible for any lost data. User should always keep their own backup of their database content.

No Confidentiality :
Information transmitted through us and through the Internet in general is not confidential. We can not and shall not guarantee privacy or protection of any User. We reserve the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of our company.

Failure to Comply With Terms and Conditions :
We may deny User access to all or part of the Service without notice if User engages in any conduct or activities that we in our sole discretion believes violates any of the terms and conditions in this Agreement. If we deny User access to the Service because of such a violation, User shall not have the right (1) to access through us any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through us, and we shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

Miscellaneous:
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. Our failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.

We may modify this Agreement from time to time by placing a notice of such modification on our website, and User's continued use of the Service following notice of such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

We shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond our reasonable control. Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming us as the defendant, shall be proper only in a venue determined by us. In any action between us and User to enforce any of the terms of this Agreement, We shall be entitled to recover expenses, including reasonable attorney's fees.

General: This contract is governed under the laws of the State of Florida, USA. If any part of this contract should be found invalid or unenforceable, all other parts and the contract in general will remain valid and enforceable. All prices are for delivery FOB Florida, USA. Global Data Systems, Inc. (GDSI). reserves the right to enforce or relax any part of this contract at any time. Global Data Systems, Inc. (GDSI) reserves the right to change subscription rates or other account or service charges, or modify these Terms and Conditions without advance notice or warning. A current copy of these Terms and Conditions is available from Global Data Systems, Inc. (GDSI). These Terms and Conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted.

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