Globalink Service Agreement & Conditions of Use

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1.  Acknowledgment and acceptance of terms of use

Globalink  provides telecommunication services described in greater detail on this web site (www.iGlobalink .com) (the Service) to you (the End User) subject to the following conditions. By accessing this site and/or registering or using the Service, the End User acknowledges receiving, reading and understanding this General Service Agreement (the Agreement) and accepts the terms and conditions herein.  If you do not agree to these Conditions of Use, please do not use our site or the Service.  We reserve the right, at our discretion, to update or revise these Conditions of Use.  Each time you log in or otherwise access this site or use the Service following the posting of any changes to the Conditions of Use, you hereby accept these changes regardless of whether you have checked or visited the Conditions of Use portion of the site. These Conditions of Use govern the use of our site by viewers and other users.

 

2.  Conduct

You are solely responsible for your actions and the content of your transmissions through or in connection with the Service, it being understood that each employee acts on behalf of any company with which such employee is associated in all actions and submissions on or in connection with the Service.  You agree:

(a) to abide by all applicable local, state, national, and international laws and regulations in your use of the Service;

(b) not to use the Service for illegal purposes;

(c) not to use or attempt to use another person's or entity's account, telephone number, service, system or other Confidential Access Information without authorization from the owner;

(d) to comply with all laws regarding the transmission of voice or technical data (including all export laws, regulations, and restrictions of the United States);

(e) not to stalk, threaten, or harass anyone through, in connection with, or utilizing any data collected through the Service;

(f) that we neither endorse the content of any of your communications nor assume any responsibility for any threatening, libelous, obscene, harassing or offensive material contained in such materials, or any crime facilitated by use of the Service;

(g) not to interfere or disrupt networks connected to the Service or otherwise attempt to interfere with the proper function of the Service; and

(h) not to attempt to obtain unauthorized access to the Service.

Globalink  may, in its sole discretion, immediately terminate your access to the Service and/or this site should your conduct fail to conform to any provision of this Agreement.

 

3.  Terms of use for Basic Membership aka free account

For Globalink  Basic Membership user or otherwise known as free account owner, the Service is provided to you for your personal, residential, non-business and non-professional use. This means that you are not to use it for any commercial or governmental activities, profit-making or non-profit, including but not limited to home office, business, sales or any other activity that would be inconsistent with normal personal usage patterns. This also means that you are not to resell, package with equipment or transfer the Service to any other person for any purpose, or make any charge for the use of the Service, without express written permission from Globalink . Globalink  reserves the right to immediately terminate or modify the Service, if Globalink  determines, in its sole discretion, that Customer's Service is being used for non-personal or business use.

 

4.  Terms of use for Individual Service

For Globalink  Individual service user, the Service is provided to you as an individual user, for your personal, residential, non-business and non-professional use. This means that you are not to use it for any commercial or governmental activities, profit-making or non-profit, including but not limited to home office, business, sales, tele-commuting, telemarketing (including without limitation charitable or political solicitation or polling), autodialing, continuous or extensive call forwarding, fax broadcast, fax blasting or any other activity that would be inconsistent with normal individual usage patterns. This also means that you are not to resell or transfer the Service to any other person for any purpose, or make any charge for the use of the Service, without express written permission from Globalink . You agree that your use of the Service provided to you by any other person for any business or governmental purpose will obligate you to pay Globalink 's higher rates for business service on account of all periods, including past periods, in which you use, or used, the Service for business or governmental purposes. Globalink  reserves the right to immediately terminate or modify the Service, if Globalink  determines, in its sole discretion, that Customer's Service is being used for non-individual or business use.

 

5.  Terms of use for Business Service - Resale, even for free is prohibited

For Globalink  Business service user, the Service is provided to you as a business user. This means that you are not to resell or transfer the service to any other person for any purpose, without express written permission from Globalink . You agree that the Globalink  Business Plans do not confer the right to use the service for auto-dialing, continuous or extensive call forwarding, call centers (incoming or outgoing), telemarketing (including without limitation charitable or political solicitation or polling), fax broadcasting or fax blasting. Globalink  reserves the right to immediately terminate or modify the Service, if Globalink  determines, in its sole discretion, that Customer's Service is being used for any of the activities mentioned above.

 

6. Termination/Upgrade/Downgrade of Monthly Calling Plans

For Globalink  Individual and Business monthly plan users the service is provided on a monthly basis and is paid in advance for each month. The monthly plan activation date is deemed the anniversary date. The monthly plan will renew each month on the anniversary date unless terminated by the customer. Notice of termination must be in writing and emailed to service@iglobalink.net two days prior to the anniversary date. Monthly plan fees will not be prorated and/or refunded for the termination month. Notice of termination received after the required notice date will be effective for the next anniversary date. A setup fee will be charged to reactivate plans that were previously terminated. Requests to upgrade or downgrade a monthly calling plan to a different calling plan must be submitted in writing and emailed to service@iglobalink.net . Request to change an existing plan must be submitted at least five days prior to the monthly anniversary date. Requests to upgrade or downgrade a monthly plan are not automatic and are subject to approval by Globalink Inc. Existing monthly plan customers that receive approval from Globalink Inc. to change to a more expensive (upgrade) monthly plan may do so without having to pay another setup fee. Existing monthly plan customers that receive approval from Globalink Inc. to change to a less expensive (downgrade) monthly plan may do so and will be required to pay another setup fee.

 

7.  Prohibited Uses

Any End User's use of the Service or any other action that causes a disruption in the network integrity of Globalink  or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of the Service and/or payment for damages relating to such conduct.  The End User understands that neither Globalink  nor its vendors are responsible for the content of the transmissions that may pass through the Internet and/or the Service. The End User agrees that it will NOT use the Service in ways that violate laws, infringe the rights of others, or interfere with the users, services, or equipment of the network. The End User agrees and represents that it is using the Service for its own internal use only, and shall not resell the Service thereof. The Service is for the personal, residential and reasonable business use of the End User only. Such use shall not include certain activities, including but not limited to any autodialing, continuous or extensive call forwarding, continuous connectivity, fax broadcast, fax blasting, telemarketing or any other activity that would be inconsistent with personal, residential and reasonable business use patterns.

 

8.  Changes to the Agreement and Service

Globalink  may change the terms and conditions of this Agreement from time to time and at its discretion without prior notice.  Globalink  reserves the right to change, suspend or cancel the Service, temporarily or permanently, with or without notice to the End User. Globalink  will not be liable to the End User or any third party in the event that Globalink  exercises its right to modify or discontinue the Service.

 

9.  Telephone Numbers

Any telephone number provided by Globalink  (the Number) to the End User shall be leased and not sold to the End User. The End User shall not obtain any rights, title or interest in the Number. The Number is not portable to other service providers. The End User is not to use the Number with any other device other than the approved equipment (the Equipment) without the express written permission of Globalink . Globalink  reserves the right to change, cancel or move the Number at its discretion. Upon expiration, cancellation or termination of the Service, the End User shall relinquish and discontinue use of any phone numbers, voice mail access numbers and/or web portals assigned to the End User by Globalink .

 

10.  Payment

All paid services new or recurring are prepaid.

Your initial use of the Service authorizes Globalink  to charge the credit card account number on file with Globalink , including any changed information given Globalink  if the card expires or is replaced, or if you substitute a different card, for Globalink  recurring charges. This authorization will remain valid until 30 days after receives your written notice terminating Globalink 's authority to charge your credit card.

 

11.  Late/Non-payment

Globalink  may terminate your Service at any time in its sole discretion, if any charge to your credit card on file with Globalink  is declined or reversed, your credit card expires and you have not provided Globalink  with a valid replacement credit card or in case of any other non-payment of account charges.

 

12.  Billing

The service user must provision Globalink  with a valid credit card number (Visa, MasterCard, Discover, American Express or any other issuer then-accepted by Globalink ) when the Service is activated. Globalink  reserves the right to stop accepting credit cards from one or more issuers. If the card expires, you close your account, your billing address changes, or the card is cancelled and replaced owing to loss or theft, you must advise Globalink  immediately. Such billing charges will include monthly service fees, applicable taxes and any other applicable charges. Monthly service fees are charged in advance to your credit card, including but not limited to: monthly recurring charges.

 

13.  Taxes

You are responsible for, and shall pay, any applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service or a Device. Such amounts are in addition to payment for the Service or Devices and will be billed to your credit card as set forth in this Agreement.

 

14.  Technical Support

Globalink  provides the End User with technical support at its sole discretion and as limited to the Service and the Equipment provided hereunder. Technical support is rendered from Globalink 's premise, as available, via email. Support for other applications and uses is not provided or implied.

 

15.  Termination

Globalink  reserves the right to, in its sole discretion, suspend or discontinue your access to all or part of this site or the Service, with or without notice. Globalink  will not be liable to you or any third party for termination of the Service.

 

16.  Indemnification

The End User agrees to defend, indemnify and hold harmless Globalink , its directors, officers, shareholders, affiliates, agents, successors, assigns and vendors, from any claims or damages relating to this Agreement or a breach or violation of this Agreement, including reasonable attorneys' fees.

 

17.  Critical Components:

You acknowledge and understand that the 911 Service (for US Customers only) depends on the accuracy of the address on file. You agree to inform any household residents, guests and other third persons who may be present at the physical location where you utilize the Service of the limitation of  911 VoIP  service 911 or E911.

WE STRONGLY RECOMMEND THAT YOU MAINTAIN AN ALTERNATE MEANS OF ACCESSING EMERGENCY SERVICES. Globalink  does not fully substitute your regular telephone setup. The Globalink  service enhances your communication capabilities but it does not replace traditional phone services.

Neither Globalink  nor its officers or employees may be held liable for any claim, damage, or loss related to 911 or any other emergency functions. Therefore, you hereby waive any and all such claims or causes of action, arising from or relating to 911.  You agree to indemnify and hold harmless Globalink  from any claim or action arising out of 911 emergency services access.

 

18.  Disclaimer of Warranties and Limitation of Liability

To the full extent permissible by applicable law, Globalink  disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Globalink  does not warrant that this site, its servers, the Service or e-mail sent from Globalink  are free of viruses or other harmful components. Globalink  will not be liable for any damages of any kind arising from the use of or inability to use this site, including, but not limited to direct, indirect, incidental, punitive, special, exemplary and consequential damages. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Globalink  has been advised of the possibility of such damage. Globalink  makes no representations or warranties of any kind express or implied, as to the operation of this site and/or the Service or the information, content, materials, or products included on this site. Globalink  makes no warranty that:

(i) this site or the Service will meet your requirements,

(ii) this site or Service will be uninterrupted, timely, secure, or error-free,

(iii) the results that may be obtained from the use of this site or Service will be accurate or reliable,

(iv) the quality of any products, services, information, or other material purchased or obtained by you through this site or Service will meet your expectations, and

(v) any errors in this site or the Service will be corrected.

Globalink  will not be liable for any direct, indirect, consequential, incidental or special damages, whether foreseeable or not, which may result from use or access to this site and/or the Service. You understand and agree that the use of this site and/or the Service is at your sole risk and discretion and is on an "as is" and "as available" basis. You also understand and agree that you will be solely responsible for any damage resulting from your use of this site or the Service, including damage to your computer system or loss of data that results from material or data that is downloaded from this site.

Globalink  is not responsible for the content on the Internet or the World Wide Web not otherwise located on this site. As a convenience to our End Users, Globalink  may provide links to resources that are beyond its control. Globalink  makes no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and the End User hereby waives any claim he or she might have against Globalink  with respect to such sites.

 

19.  No Consequential Damages

In no event shall Globalink , its officers, directors, employees, affiliates, agents, successors, assigns or any other service provider who furnishes services to the End User in connection with this Agreement or the Service be liable for any incidental, indirect, special, punitive, exemplary or consequential damages, or for any other damages, including but not limited to loss of data, loss of revenue or profits, or arising out of or in connection with the use or inability to use the Service, including inability to be able to dial 911 or to access emergency service personnel through the Service.  The limitations set forth herein apply to claims founded in breach of contract, breach of warranty, products liability, tort and any and all other theories of liability and apply whether or not Globalink  was informed of the likelihood of any particular type of damages.

 

20.  Remedies for Breach of these Terms by You

In the event that Globalink  determines, at its sole discretion, that you have breached any portion of these Conditions of Use, or have otherwise demonstrated conduct inappropriate for our site, Globalink  reserves the right to (i) warn you via email that you have violated these Conditions of Use; (ii) delete any or all content provided by you or your agent(s) to this site, (iii) discontinue your access to the Service or site; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) any other action which Globalink  deems to be appropriate.

 

21.  Governing Law

This Agreement is governed by the laws of the State of Kansas without regard to its conflicts of law provisions. The End User acknowledges and agrees that Kansas courts have jurisdiction over this Agreement and customer, that Saline, Kansas is an appropriate place for venue of any litigation, and that all litigation, to the extent possible, shall be in Salina, Kansas.

 

22.  Copyrights and Trademarks

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Globalink  or its content suppliers (the Intellectual Property) and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Globalink  and protected by U.S and international copyright laws. You may not post to this site, use the Service and/or copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer, any material subject to any Intellectual Property. You have the burden of determining whether any information, software, images or any other content on this site is not protected by any Intellectual Property.

 

23.  Registration Information/Privacy Policy

When you register as a member of Globalink , you will be required to provide us with your End User I.D., and password other confidential access information (Confidential Access Information).

 

Except as provided herein, Globalink  will not sell to any third party your name, address, email address and End User I.D., unless you provide your informed consent, except to the extent necessary to comply with applicable laws, police investigations or in legal proceedings where such information is relevant. Globalink  grants to third parties providing technical services to us access to our database only to the extent necessary to provide such technical services. In those instances, such third parties are bound by these Terms and Conditions. Your informed consent shall be in the form of an "opt in" or similar policy. In addition, Globalink  may assign, sell, license, or otherwise transfer to a third party its entire database, including your name, address, email address, and End User I.D., in connection with an assignment, sale, joint venture, or other transfer or disposition of all or a significant portion of the assets or stock of Globalink .

 

You are responsible for maintaining the confidentiality of your Confidential Access Information. You shall be responsible for all uses of your Confidential Access Information, whether or not authorized by you. You agree to immediately notify Globalink  of any unauthorized use of your Confidential Access Information.

 

24.  Linking to the Site

You may provide links only to the splash page of this site (located at www.iGlobalink .com, provided (a) you do not remove or obscure, by framing or otherwise, the copyright notice, content or other notices on this site, (b) you give Globalink  prior written notice of such link by sending an e-mail to service@iglobalink.net, and (c) you discontinue providing links to this site if notified by Globalink.

 

25.  Miscellaneous

In the event that any provision of this Agreement conflicts with the law under which this Agreement is to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to this Agreement, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect.

The failure of any party to insist upon or enforce strict performance by the other party of any provision of this Agreement or to exercise any right under this Agreement will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

Globalink  may assign its rights and obligations under this Agreement, and upon such assignment Globalink  may be relieved of any further obligation hereunder. This Agreement, and any modifications of this Agreement by Globalink  as provided above, constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of this Agreement will, at the election of Globalink , be deleted or modified to correct the defect and, regardless, the remainder of the terms of this Agreement will remain valid and enforceable.

 

26.  Consent to Receive Electronic Documents

By accessing this site and using the Service, you are agreeing to receive electronic documents, billing reports, statements and records (electronic records) in lieu of paper documents, statements and records from us. Your electronic records may be emailed to you to the email account that you provide to us, accessed through this site using your Confidential Access Information or otherwise electronically provided to you. By accessing this site and using the Service, you are also agreeing to the use of electronic signatures in lieu of (and in addition to) wet-ink, physical signatures. You may request a paper copy of any electronic record that we send you by sending an email request to service@iglobalink.net or by sending a written request to Globalink Inc., ATTN: Electronic Records,  PO Box 2582, Salina KS 67402-2582. You will be charged $10.00 for every paper record that you request prior to your cancellation of consent. You can withdraw your consent to receive electronic records from us by sending an email message to service@iglobalink.netor by sending a written letter to Globalink Inc., ATTN: Electronic Records,  PO Box 2582, Salina KS 67402-2582. You will be charged a $50.00 cancellation of consent fee. This consent applies to all electronic records that we may send you. Your withdrawal of this consent will not affect the legal effectiveness, validity or enforceability of any electronic record that we provide to you prior to the withdrawal of such consent. If you change your email address to receive electronic records, you must notify us of your new email address by sending an email message to service@iglobalink.net or by sending a written letter to Globalink Inc. , ATTN: Electronic Records,  PO Box 2582, Salina KS 67402-2582.

 

27.  Acknowledgment

You represent to Globalink  that you have the authority and capacity to understand and agree to these Conditions of Use. You acknowledge (a) that you have read and understood these Conditions of Use; and (b) that these Conditions of Use have the same force and effect as a signed agreement.

 

     
 
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