Terms of Service
Glass Obelisk Terms Of Service
1. Introduction
This Agreement explains the terms and conditions governing your use of the services made available to you by Glass Obelisk, hereinafter called "Glass Obelisk" or "We". It represents the whole agreement and understanding between Glass Obelisk and the individual, corporation or organization who subscribes to the Service hereinafter called "Member" or "Members" or "You" or "you". This document is referred to as the "Agreement".
PLEASE READ THIS AGREEMENT CAREFULLY. By submitting your account application and by your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. Glass Obelisk may terminate your account(s) at any time, without notice, for conduct that is in breach of this Agreement, or for conduct that Glass Obelisk believes is harmful to the business of Glass Obelisk or the use of the Service by others or is harmful to any other party.
Glass Obelisk reserves the right to modify this Agreement at any time, effective upon posting of the modified Agreement to this URL. You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.
Glass Obelisk provides basic web hosting and email services to all Members who purchase domain registration and hosting services from Glass Obelisk for the duration of their domain registration term (see Section 3) or have paid the one-time $40.00 Transfer Hosting Fee (see Section 4).
Services are provided on the basis of service, facility and equipment availability. We reserve the right not to provide one or more Services where necessary facilities, equipment or services are not available for any reason whatsoever.
All Glass Obelisk web hosting accounts point to a "Coming Soon" web page by default when activated. This page informs visitors that the Member has recently setup their account with Glass Obelisk. The Coming Soon web page may be removed by the Member at any time once they have access to the web server. The "Coming Soon" web page may include such things as, without limitation (i) links to additional products and services offered by Glass Obelisk, (ii) advertisements for products and services offered by third-parties, and (iii) an internet search engine interface.
All page error requests (such as 403 errors or 404 errors) direct traffic to a default Glass Obelisk error page. This page informs visitors that the page they are looking for cannot be found and it may include such things as, without limitation (i) links to additional products and services offered by Glass Obelisk, (ii) advertisements for products and services offered by third-parties, and (iii) an internet search engine interface.
If you host a Glass Obelisk designed website with us then we also reserve the right to display a copyright to the design and credit for the web design on each page.
Glass Obelisk's email service provides you with the capability to send and receive email via the Internet. The service includes the ability to use email accounts each with 5MB of email storage space. Glass Obelisk retains the right, at our sole discretion, to restrict the volume of messages transmitted or received by you in order to maintain the quality of our email services to other Members and to protect our computer systems.
As owner and/or operator of the equipment and other resources utilized to provide services, Glass Obelisk has the legal right to block electronic communications from other entities on the Internet.
Glass Obelisk relies on the support of its sponsors and advertisers to help offset the cost of Services offered to Members. You acknowledge that as part of your Glass Obelisk service, advertisement sponsored email newsletters may be sent to Members and Glass Obelisk email service email accounts.
All outgoing email messages being sent from Glass Obelisk servers may carry an email footer "Trailer Message" which may identify Glass Obelisk as your service provider as well as promote services offered by Glass Obelisk or services offered by third parties.
Domain Forward is service provided to all Glass Obelisk Members which provides the capability to re-direct visitors from a Glass Obelisk hosted website to another website or URL (uniform resource locator) location "Forward Destination" via HTML meta tag function.
You acknowledge and agree that your use of Domain Forward is subject to the terms of this Agreement. You further acknowledge and agree that you may use Domain Forward to link your domain name to a Forward Destination, but you may not use Domain Forward for unlawful purposes, in violation of any applicable laws or regulations, in violation of Glass Obelisk rules or policies, or for the forwarding of a domain name not registered in your name, or the forwarding to an invalid Forward Destination.
Members who transfer their domain registration to another service provider and do not renew domain registrations with Glass Obelisk are not eligible to further receive services without payment of the one-time $40.00 Transfer Fee.
In additional to this Agreement, new domain registration accounts are also subject to the Domain Registration Agreements of the respective governing registries.
Members who have purchased domain name registrations from other service providers may receive Glass Obelisk Services, without any term restriction, upon the payment of the one-time $40.00 Transfer Hosting Fee (referred to as "Transfer Hosting Fee").
Transfer Hosting Fee DOES NOT include transfer of domain registration to Glass Obelisk and does not extend domain registration term. Domain renewal remains the responsibility of each Member and their respective domain registration service provider.
All Glass Obelisk fees and charges are quoted and billed in Australian dollars unless otherwise noted.
If payment cannot be processed for new domain registration or optional feature upgrade requests, Members will have the opportunity to update payment information. The request will be declined if payment cannot be successfully processed in 72 hours.
If payment cannot be processed for the Transfer Hosting Fee or optional feature renewal, Members will have the opportunity to update payment information. The account will be suspended if payment cannot be successfully processed in 72 hours. Re-activation service charges will apply (see below).
Members using optional feature who upgrade their hosting services will have the pro-rated value of their prepaid fees credited towards the new service fees.
Current service charges include the following (non-exclusive list):
Transfer Hosting Fee |
$40.00 |
account re-activation fee |
$15.00 |
late payment charge |
$ 5.00 |
plan change (downgrade) fee |
$15.00 |
Hosting Cancellation fee |
$20.00 |
Glass Obelisk reserves the right to modify service fees and rates effective upon posting on the Glass Obelisk website and/or on this Agreement.
Glass Obelisk uses an automated payment processing system and only accepts credit card payment at this time. All Members are required to provide Glass Obelisk with valid a credit card number for processing of any applicable Service Fees.
Glass Obelisk may take any reasonable action to validate your credit card and registration information and collect all payments due. You agree to pay all attorney and collection fees arising from any efforts to collect any past due amounts from you, to the extent allowed by law.
Invoices for all Glass Obelisk services can be obtained by contacting Glass Obelisk at payments@Glass Obelisk.com
Billing inquiries and disputes should be brought to Glass Obelisk attention within 30 days of the invoice date. Failure to do so will be deemed to be an admission that invoice and charges are accurate.
If chargeback or charge dispute notices are received for your account(s), any Services provided to you may be immediately suspended pending investigation and are subject to chargeback service charges.
Glass Obelisk offers Members basic web hosting and email services for the duration of the domain registration period purchased from Glass Obelisk. Members who have paid the Transfer Hosting Fee have no term restriction to Services.
Renewal notices will be sent to you approximately 2 weeks prior to service expiry. In the absence of cancellation notification from you, the Service will be renewed for a successive term.
By using Glass Obelisk’s hosting services, you may request to cancel your Glass Obelisk hosting account(s) at any time after paying the hosting cancellation fee. Domain registrations purchased through Glass Obelisk cannot be cancelled. Domains will remain active until the end of the registration term.
Your Service may be terminated by Glass Obelisk under the following circumstances (non-exclusive list):
- fees non-payment over 30 days from due date
- you are in breach of any term or condition of this Agreement
- your use of the Service disrupts Glass Obelisk business operations or affects any other party
In such termination(s) all Member Services are removed from Glass Obelisk servers including data contents.
When you apply to use Glass Obelisk services, you will be asked to select a Member ID and password. The Member ID and password are the means through which you access certain services. You acknowledge and agree that it is your responsibility to safeguard the Member ID and password you select from any unauthorized use. IN NO EVENT WILL Glass Obelisk BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR MEMBER ID OR PASSWORD.
You are responsible for maintaining accurate account information at all times including credit card and contact information. Such information can be updated in the Glass Obelisk MYGO Member Portal.
If you have agreed to or paid a deposit for any service and work has commenced by Glass Obelisk then those funds are non refundable.
Glass Obelisk does not allow the use of unsolicited commercial email, "Spam" to promote products or services. Any Member engaging in the sending of Spam through the Glass Obelisk network or promoting information on websites hosted by Glass Obelisk will be considered in breach of this Agreement and Suspended from the Service immediately.
Your use of the Service must be in compliance with Australian laws and laws of your country at all times.
You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, consuming excessive amounts of memory, CPU or bandwidth usage.
The following is a non-exclusive list of content and behaviour prohibited by the Service:
- Content that contains or contains links to: nudity, pornography, adult content, materials with sex or foul language.
- Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.
- Content that has been promoted through the sending of unsolicited email (SPAM) or mail fraud schemes, or pages that promote or condone the sending of unsolicited email. The sending of bulk email originating from our servers mass distributed to unknown recipients soliciting products or services and/or bulk email NOT originating from our servers mass distributed to unknown recipients soliciting products or services relating to a Glass Obelisk account will result in immediate account suspension.
- Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectable material.
- Content or otherwise that exploits children less than 18 years of age.
- Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
- Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.
- Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.
- Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.
- Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any Glass Obelisk service, solution or technology.
- Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of individual passwording of Member Sites (or pages contained therein).
You agree that, unless other instructions are posted on Glass Obelisk's website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by registered mail or by Australia Post Service to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for Glass Obelisk posted on the Glass Obelisk website. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission. You are expected to review this contract regularly to stay current with any updates.
The Glass Obelisk Privacy Policy sets out our obligations with respect to the safeguarding, collection and use of Members' personal information and is subject to modification from time to time. Changes are effective upon posting of the modified Agreement to this URL.
Email newsletters will only be sent directly from Glass Obelisk and Member information is not disclosed or sold to any third parties.
Glass Obelisk reserves the right and sole discretion to:
(i) Censor any website hosted on its servers that is deemed inappropriate;
(ii) Review any account for excessive space or bandwidth utilization and to suspend Service to those accounts that exceeds allowed levels;
(iii) Terminate an account for non-payment of Web Hosting fees or providing fraudulent account information or fraudulent payment information;
(iv) Terminate any account if the contents of account website results in, or are the subject of, legal action or threatened legal action, against Glass Obelisk or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit;
(v) Terminate any account for unsolicited, commercial e-mailing (i.e., SPAM); illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and other activities whether lawful or unlawful that Glass Obelisk determines to be harmful to its other customers, operations or reputation; or for any breach of this agreement;
(vi) Suspend Service(s) at any time for any duration of time when necessary, without penalty or liability to ourselves.
You agree that it may be necessary for us to temporarily suspend the Service for technical reasons or to maintain network equipment or facilities.
The Service is provided on an "as is" and "as available" basis and use of the Service is at your own risk. Glass Obelisk makes no representations or warranties, either expressed or implied, with respect to the Service or any service or information provided through the Service. Glass Obelisk is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by Glass Obelisk Glass Obelisk's liability does not extend to cover consequential losses and will only refund or repay the amount paid by the client during the time in question.
For greater certainty and without limitation to the generality of the following:
(i) in no event will Glass Obelisk be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you;
(ii) Glass Obelisk, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from use of the Service or the Site;
(iii) in no event shall Glass Obelisk be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on the Site, providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
You agree to indemnify and hold Glass Obelisk harmless from and against, and to reimburse Glass Obelisk with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) of every nature whatsoever incurred by Glass Obelisk by reason of or arising out of or in connection with:
(i) any breach of this Agreement by you or;
(ii) any infringement of any copyright, trademark, patent, trade secret or any other intellectual propriety right of any party by content on your website or;
(iii) illegal, pornographic, or discriminatory content on your website.
Glass Obelisk will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labour disputes, or other similar events beyond our control that may prevent or delay of service provisioning.
If any part of these Terms and Conditions are found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without in any way affecting the remaining parts of these Terms and Conditions.
The rights and obligations of the parties pursuant to these Terms and Conditions is governed by, and shall be construed in accordance with the federal laws of the Commonwealth of Australia.
You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of Commonwealth of Australia for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.
No waiver of any of the provisions of these Terms and Conditions will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.
It is the clients responsibility to ensure that all data is backed up. You agree to indemnify Glass Obelisk against any losses incurred as a result of using our services. You agree to take full responsibility for backup and protection of any files.
23. Updates to Terms
Glass Obelisk reserves the right to change or update these terms at any stage.
