Service Limitations
GlobalNet’s desire is to assure that each end-user subscriber has an “as advertised” surfing experience. In order to insure that the service is available to all subscribers on an equal basis, certain “Reasonable Use” controls are placed on the service. These are described below for both the satellite service and optional dial up service portions on GlobalNet’s service provision.

Terms of Payment
Accounts that are on Invoice BIlling; meaning the User can pay by sending in a check each month; are required to pay for (2) two months of service when signing up for service or when switching from credit card billing over to Invoice billing.

Payment due dates are indicated on User's invoice. Dishonored checks are subject to a collection fee to be determined by GlobalNet in its sole and absolute discretion and User's account may be suspended until the account is current. If payment is not received within five (5) days of the due date, service will be terminated. A reconnect fee of $10.00 will be added to charges for Satellite Service.

GlobalNet maintains the right to terminate Service for any unpaid subscriptions. Accounts in default are subject to an interest charge of 1.5% per month, or as permitted by the law, on the outstanding balance. Termination of Service shall not relieve User from the obligation to satisfy outstanding invoices. In the event GlobalNet utilizes an outside collection agency or attorney to collect any unpaid amounts, User shall be responsible for the payment of all of GlobalNet's attorneys' fees and costs in the collection of these sums.

All charges are considered valid unless disputed in writing within thirty (30) days of the charge date. Adjustments will not be made for charges that are more than 30 days old.

Automatic Rollover of Term Contract - Yearly Dialup Service
If User has contracted for a term of one year of service, that term will automatically roll over for a term of equal duration when the initial term has expired. User will be obligated to notify GlobalNet of any changes of service by faxing, emailing, or writing to GlobalNet. An authorized request of change of service must be received by GlobalNet seven (7) days before the initial term expires.

Automatic Rollover of Term Contract - Satellite Service
If User has contracted for a term of one year of Satellite service, that term will automatically roll over to monthly service after the initial term has expired. User will be obligated to notify GlobalNet of any changes of service by faxing, emailing, or writing to GlobalNet. An authorized request of change of service must be received by GlobalNet thirty (30) days before the initial term expires.

Cancellation - Monthly Dialup Service
The User is obligated to notify GlobalNet in the event of disconnection of service by faxing, emailing, or writing to GlobalNet. An authorized request to terminate an account must be received by GlobalNet seven (7) days in advance of intended termination date. Account charging will cease from the 1st day of the next billing month. Parts of months are not refundable.

Cancellation - Yearly Dialup Service
The User is obligated to notify GlobalNet in the event of disconnection of service by faxing, emailing, or writing to GlobalNet. An authorized request to terminate an account must be received by GlobalNet seven (7) days in advance of intended termination date. Account charging will cease from the 1st day of the next billing year. First year of service is non-refundable. Users that cancel during the second year of service or longer will be charged for each month of service they received at the normal monthly rate plus a $15.00 processing fee and the remainder will be refunded.

Cancellation - Satellite Service
The User is obligated to notify GlobalNet in the event of disconnection of service by faxing, emailing, or writing to GlobalNet. An authorized request to terminate an account must be received by GlobalNet thirty (30) days in advance of intended termination date. Account charging will cease from the 1st day of the next billing month. Users that cancel during the first year of service will be charged an Early Termination Charge of $150.00.

30-Day Money Back Guarantee
If the User is dissatisfied with service provided by GlobalNet, they will receive a full refund if they have met the following criteria:
(1) The User must request to receive a refund in writing within thirty (30) days of activation of their account.
(2) The User must return any software that was given to them free of charge by GlobalNet.
(3) The User must give GlobalNet Technical Support staff an opportunity to correct any issues the User may be experiencing with the service.

This money back guarantee applies only to the standard monthly fees for basic (Dialup) Internet access services for the chosen payment plan and does not apply to any additional cost features or services ordered from GlobalNet, any other party, or (for Limited Access plan users) to additional hours of usage beyond the ten (10) hours included in the standard rate for such plan. The User will be responsible for any such additional charges incurred through their use of the service.

Accounts cancelled or terminated by GlobalNet for violating our Terms and Conditions do not quality for the 30-Day Money Back Guarantee. For example, if a User's account is cancelled due to spamming, the User will not be given any refund.

If the User signs up for additional accounts after thirty (30) days, there is no additional 30-Day Money Back Guarantee. This guarantee only applies to new customers for their first account with GlobalNet. No refunds are available after thirty (30) days.

Referral Credits
Only one credit will be awarded per new account. At the time of the referred credit, both the referring and the referred customers' accounts must be current in their payments. GlobalNet will not investigate and will not provide recovery for misspelled names, or failure to provide the correct UserID during the subscription process and similar problems, which will make impossible to properly credit an account. The new customer must sign up for Unlimited Internet Access and their account must remain in good standing for at least three (3) full months. If the new customer cancels or their account becomes delinquent before their third full month is completed, the referral credit will be revoked immediately. Referral credits are provided at GlobalNet's sole discretion. Adding services to an existing account does not qualify for referral credit. A referral credit cannot be refunded and has no cash value. Referral credits are not valid with any other offer.

No Confidentiality
Information transmitted through GlobalNet and through the Internet in general is not confidential. GlobalNet cannot and shall not guarantee privacy or protection of any User. GlobalNet reserves the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of GlobalNet.

Non-transferable
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. Violation of these terms shall constitute theft of Service and may be prosecuted under civil and criminal law.

Purchases on the Service
If User wishes to make purchases on the Service, the merchant or information or service provider from whom User is making the purchase may ask User to supply certain information, including credit card or other payment mechanism information. User agrees that all information User may provide any merchant or information or service provider on the Service for purposes of making purchases shall be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services on the Service set their own prices and may change prices or institute new prices at any time. User agrees to pay all charges incurred by users of User's account and credit card or other payment mechanism at the prices in effect when such charges are incurred. User shall also be responsible for paying any applicable taxes relating to purchases on the Service.

No System Backup
GlobalNet does not and will not perform system backups on any User's E-mail account(s). GlobalNet 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, GlobalNet will not provide historical data, to any party for any reason, regarding any system or Internet activity.

Miscellaneous
User agrees to notify GlobalNet if User moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number on the forms User supplies to GlobalNet.

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.

GlobalNet's 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.

GlobalNet may modify this Agreement from time to time and these modifications can be viewed at http://www.surfglobal.net/terms.php. The User's continued use of the Service 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 Vermont 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.

GlobalNet 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 the reasonable control of GlobalNet.

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 GlobalNet as the defendant, shall be proper only in a venue determined by GlobalNet.

In any action between GlobalNet and User to enforce any of the terms of this Agreement, GlobalNet shall be entitled to recover expenses, including reasonable attorney's fees.



Acceptable Use Policy

Rationale
It is our intention to allow GlobalNet Internet Services customer’s access to everything the Internet has to offer with minimal or no interference. Our belief in Free Speech is a firm commitment to our customers. However, Free Speech does not include the right to shout "Fire" in a crowded theater. In an analogous manner, certain activities are considered inappropriate by the Internet community at large, and cannot be permitted under the guise of Free Speech.

GlobalNet does monitor the activity of accounts including on-line time, file downloads, measurements of system utilization and billing records. In our efforts to promote good citizenship within the Internet community, if we become aware of inappropriate use of GlobalNet service, we will respond.

GlobalNet’s Acceptable Use Policy (AUP) is designed to help protect our customers, and the Internet community, from irresponsible or illegal activities. As good net citizens, we prohibit the impersonation of others, unsolicited commercial appeals, and any disruption of Internet services. Examples of such activities are given below:

Prohibited Uses
User may not:
• Restrict or inhibit any other user from using and enjoying the Internet;
• Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;
• Post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component;
• Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
• Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder;
• Upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto;
• Run or activate processes while User is not logged in;
• Run or operate like services via connections into or received from GlobalNet;
• Violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind or illegal activity;
• Violate any of the rules, regulations and policies of those networks and computer systems accessed via User's account.

Network unfriendly activity:
Activities which adversely affect the ability of other people or systems to use GlobalNet services or the Internet is prohibited.

Privacy violations:
Attempts, whether successful or not, to gain access to any computer system, or customer's data, without consent is prohibited.

E-mail

Commercial e-mail:
Sending unsolicited commercial e-mail is prohibited. Using a GlobalNet e-mail address to collect responses from unsolicited commercial e-mail is prohibited. Please refer to the section on Commerce on the Internet for additional guidance.

Mass Mailing:
Sending large volumes of e-mail is prohibited. User is restricted to the transmission, or distribution, of no more than fifty (50) recipients, or addresses, per email message. This does not assume User is allowed to send such messages several times to groups smaller than the fifty (50) limit.

Unauthorized Use of Relay Servers:
Unauthorized use of any email server located throughout the Internet for the purposes of relaying or distributing messages is prohibited.

Auto Responds:
Running Maillist, Listserv or any form of auto-responds from User's account is prohibited.

Harassment:
Sending threatening or harassing e-mail after being requested to stop, is prohibited. Extremely threatening or harassing e-mail is prohibited always.

Fraudulent Content:
User agrees to be held responsible for the distribution of fraudulent materials.

News Newsgroup spamming:
Excessive cross-posting, or posting the same article to several newsgroups, is prohibited. Generally accepted standards allow no more than 15 newsgroups, or cross-postings, for a single article or substantially similar articles. Such articles may be cancelled.

Off-topic or Inappropriate Postings:
There is no restriction on content, except as defined by each newsgroup. Continued posting of off-topic articles is prohibited. Please note that commercial advertisements are off-topic in the vast majority of newsgroups. GlobalNet does not censor the content of any newsgroups. We believe such choices should be left to the individual. We do advise our users that tools, such as Cyber Patrol, are available to screen an account's access to newsgroups one considers offensive. It is the account owner's responsibility to make use of such tools if desired.

Internet Relay Chat (IRC):
The use of IRC bots is prohibited, as is the violation of any accepted policies on IRC servers. If GlobalNet is banned from a server, the offending account will be terminated.

Impersonation / Fraudulent Addressing:
Attempting to impersonate any person, using forged headers or other identifying information, is prohibited. The use of anonymous re-emailers and nicknames does not constitute impersonation. Purposeful distribution of any email message where the return address, originator's address, or any other identifiable aspect of the message has been purposefully altered is prohibited. User may not purposefully misrepresent the origination information of any email messages sent while using the GlobalNet service.

General

Financial:
Sharing Unlimited accounts with anyone other than immediate family member, or re-selling service without express written consent from GlobalNet, or offering any public information service, such as running a web server or FTP server, with unlimited accounts is prohibited. Attempting to defeat any idle timer or system tool intended to enforce the part-time and personal nature of User's connection, including the use of pingbots, programs and other methods of avoiding timing disconnection is prohibited. Untimely payment of any and all amounts due may result in account cancellation.

Privacy:
It may be necessary for GlobalNet employees to examine system accounting logs and other records to resolve system problems. GlobalNet reserves the right to access an account's mailbox to resolve system problems or mail system errors.

In addition, GlobalNet will cooperate with the appropriate law enforcement authorities in investigating claims of illegal activity, including but not limited to illegal transfer or use of copyrighted material, postings or e-mail containing threats of violence, or other illegal activity.

GlobalNet makes no guarantee and assumes no liability for the security of any data on any server including "secure servers."

Our customers are reminded that no computer system should be considered safe from intrusion. E-mail may pass through many computer systems, and should not be considered a secure means of communication unless encrypted. Even then, information is only as secure as the encryption method, and not guaranteed in any fashion by GlobalNet.

GlobalNet has no obligation to monitor the Service. However, User agrees that GlobalNet has the right to monitor the Service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. GlobalNet will not intentionally monitor or disclose any private E-mail message unless required by law. GlobalNet 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.

Commerce on the Internet:
The Internet can be a very valuable business tool when used properly, and can reflect poorly upon a business when used improperly. You are strongly encouraged to visit the following Web pages.

http://www.cybernothing.org/faqs/net-abuse-faq.html

For more information about spamming and netiquette, see:

ftp://rtfm.mit.edu/pub/usenet/news.announce.newusers/
ftp://rtfm.mit.edu/pub/usenet/news.admin.net-abuse.misc/



Reasonable Use Policy (“RUP”)

Limitation of Satellite Services

GlobalNet Internet Services has deployed certain technologies into its Network Operating Center that track the utilization of the satellite bandwidth of each end-user subscriber. These technologies are designed to ensure equal Internet access for all end-user subscribers.

The GlobalNet unlimited usage plan is designed and priced for individual residential access of a non-commercial nature. It is designed to provide the “reasonable” user with download at speeds up to 512 Kbps. Therefore, GlobalNet’s RUP establishes an equitable balance in Internet access for end-users regardless of the end-user’s frequency of use or volume of traffic.

GlobalNet’s technologies have the ability to identify, in real-time, excessive consumption of bandwidth on a per end-user basis and correct it by temporarily reducing the throughput of the specific end-user that is excessively consuming bandwidth on the network. Once an end-user is identified as excessively using bandwidth, its individual throughput speed will begin to be reduced downward to a preset minimum. Once the end-user reduces its throughput and the GlobalNet technologies observe the end-user’s usage of the satellite bandwidth returning to RUP levels, the throughput limitations are progressively lifted over a period of time. This period of time is dependent on the total size and time period of the initial consumption that caused the reduction.

GlobalNet’s RUP has been designed to give end-users an above average surfing experience that far exceeds the typical end-user’s needs. Additionally, the RUP ensures that the end-users all experience fair and equal access to the benefits of a satellite delivered broadband Internet access service. The RUP prevents the network from being congested by a handful of end-user’s activities. End-users that maintain an average daily usage of up to 20 MB per day should not notice any throughput limitation. However, end-users that continually download large files, such as complete operating systems (e.g. Linux), should experience throughput limitations on a pro-rata basis over time until their average utilization returns to the levels expected from an individual residential user (e.g. average up to 20 MB per day over a rolling 5 day period.) The GlobalNet RUP will still allow for large consumers of bandwidth to complete the download of their data. However, this type of end-user will experience throughput speed reductions until such time that their usage conforms to average usage patterns.

GlobalNet reserves the rights to adjust download limitations as required to assure all users of equal access to the provided high-speed download service. The current RUP is based on cumulative usage over a rolling 5-day period. Users averaging up to 20 MB per day will receive service at up to 512 Kbps; those averaging between 20 and 40 MB per day will be limited to 384 Kbps speeds. Progressive limitations to 128 Kbps will be applied to users whose daily average is up to 100 MB; users who exceed this daily average will be limited to 64 Kbps.

All usage tracking will be done on a rolling 5-day average. The dynamic adjustment chart is as follows:

Residential Gold Plus Plan

Downloaded MB in last 5 day period			Service Bandwidth
0 MB	to	100 MB	512 kbps
100 MB	to	200 MB	384 kbps
200 MB	to	300 MB	256 kbps
300 MB	to	500 MB	128 kbps
500 MB+			64 kbps

Business Platinum Plus Plan

Downloaded MB in last 5 day period			Service Bandwidth
0 MB	to	300 MB	512 kbps
300 MB	to	600 MB	384 kbps
600 MB	to	1000 MB	256 kbps
1000 MB	to	1500 MB	128 kbps
1500 MB+			64 kbps

High-Speed Business Diamond Plus Plan

Downloaded MB in last 5 day period			Service Bandwidth
0 MB	to	300 MB	768 kbps
300 MB	to	600 MB	576 kbps
600 MB	to	1000 MB	384 kbps
1000 MB	to	1500 MB	192 kbps
1500 MB+			64 kbps

The RUP table will be adjusted each month as per the average consumption for ALL users for the previous month, but never more than 10% plus or minus at each adjustment point.

Limitation of Dial-Up Services
GlobalNet reserves the right to refuse service to anyone and the right to terminate any account at anytime. Although GlobalNet advertises "Unlimited Access" in regards to it's Dial-Up services, there are several limitations applied. The sole purpose of these limitations are intended to limit the amount of unnecessary use of GlobalNet services by any such User, which restricts overall GlobalNet system availability for other such Users. These limitations apply only to Dial-Up access services offered by GlobalNet.

• Idle Timeout
User agrees to have their online session automatically terminated after fifteen (15) minutes of consecutive inactivity. Inactivity is defined as less than 500 bytes of data transferred between User's modem and the GlobalNet service.
• Maximum Single Session
User agrees to have an online session automatically terminated after eight (8) hours of consecutive time, regardless of data transferred during such specific online session.
• Minimum Re-Connect Limit
User understands they cannot log back onto the GlobalNet system for a time period of one (1) minute following the termination of their previous online session, regardless of the reason for the previous session's termination.
• Multiple, Concurrent Online Sessions
User agrees to maintain no more than one (1) concurrent online session for each PPP/ISDN account purchased.
• Excessive Usage
Using a personal account for high volume or commercial use is prohibited. The Service is intended for periodic, active use of email, newsgroups, file transfers, Internet chat, games, and browsing the World Wide Web. Users may stay connected so long as they are actively using that connection for the above purposes. Users may not use the Service on a standby or inactive basis in order to maintain a connection. Pinging is expressly prohibited. GlobalNet may at its discretion terminate a user's account for excessive usage. Some access numbers are limited to 250 hours of usage per calendar month.

Wireless Broadband Service
GlobalNet reserves the right to refuse service to anyone and the right to terminate any account at anytime. This is a Pre-Paid Service. Payment is due on the first day of the billing month for the month's service. The End User Equipment including Subscriber Unit, Antenna System, and wiring are to remain the property of GlobalNet Internet Services. The Subscriber is responsible for the End User Equipment including Antenna System, wiring, and brackets. If any equipment is damaged, lost or stolen, the subscriber will pay to have the equipment replaced including the cost of the equipment and any installation costs. If the Service Agrement is cancelled before twelve months, there is an early termination fee of $250, which is due at the time of cancellation. Subscriber will need to return all the End User Equipment prior to canceling service. If the equipment is not returned or is returned damaged, then there will be a $799 charge plus applicable fees and taxes. If the subscriber fails to return or elects GlobalNet Internet Services to come out to their location to remove the End User Equipment, there will be a $99 charge. We require a credit card to be on file and current to be used for all charges on account. No Servers are allowed. This includes Mail, Web, FTP, Napster, Kazaa, Proxy, BitTorrent, etc. If you need to run a server, please contact GlobalNet Internet Services for our Hosted Solutions. Subscriber will need to have Anti-Virus, Spyware, and Firewall protection on any computer that will use GlobalNet's conection.

Failure to Comply With Terms and Conditions
If a Globalnet account is used to violate these agreements, we reserve the right to terminate service without notice. Our preferred course of action would be to advise the account owner of the inappropriate behavior and corrective action necessary. However, flagrant violations of the AUP will result in immediate termination of service.

VIOLATION of ANY OF THE TERMS IN THIS AGREEMENT MAY RESULT IN IMMEDIATE TERMINATION OF SERVICES. Furthermore, violation of any of these terms, relating to the terms described within this "EMail" section of this document, will result in the IMMEDIATE PENALTY of $200. GLOBALNET RESERVES THE RIGHT TO CHARGE USER'S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF GLOBALNET SERVICES, A ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR GLOBALNET SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD, GLOBALNET RESERVES THE RIGHT TO INVOICE AND HOLD USER RESPONSIBLE FOR THE ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS.

If GlobalNet denies User access to the Service because of such a violation, User shall have no right (1) to access through GlobalNet 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 GlobalNet, and GlobalNet 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. User also agrees to the immediate termination of GlobalNet services for violation of any of these terms. In the event that an account is temporarily inactivated as a result of any prohibited activities, the account may be subject to reactivation charges and/or deposit requirements to be determined by GlobalNet.


REVISED 2012-04-01