If we provide or resell certain software or services
to you, you understand and agree that you may be bound
by additional terms and conditions imposed by applicable
third-party resellers or licensors, which are also
incorporated herein by reference.
Your use of the Services constitutes your agreement
to abide by the laws of the Malaysia and of the state
and country in which you reside, including, but not
limited to, all intellectual property laws, tariff
regulations, export controls, treaties, and international
If you do not agree to abide by this TOS, you are
prohibited from using the Services. This TOS is not
a complete representation of all of our policies or
the implementation of our policies.
We may periodically change, modify, or update this
TOS without notice to you. Your continued use of the
Services after we post a changed, modified, or updated
TOS serves as your acceptance of those updated policies.
Please refer to this TOS regularly to remain updated
about our current policies.
Restrictions: You agree that you will not use the
Violate any applicable state or federal law and regulation,
including, but not limited to, any copyright, trademark,
patent, anti-piracy, or other intellectual property
law or regulation, or encourage or enable others to
violate any such law or regulation.
Transmit, distribute, post, store, or otherwise traffic
in information, software, or materials that is offensive,
abusive, inappropriate, malicious, or detrimental,
including, but not limited to, those that:
Are pornographic, obscene, fraudulent, or discriminatory,
including any containing nudity, erotica, profanity,
Encourage, glorify, or promote illegal activity, violence,
cruelty, discrimination, network marketing, or Ponzi-type
Exploit children, facilitate phishing, hacking, or
identity theft, or defame, threaten, harass any person
or group, or attempt to impersonate the identity of
a third party.
Infringe upon a third party business, contractual,
privacy, or fiduciary right.
Contain malicious code of any type.
Make or facilitate any form of computer, server, or
network attack or disruption.
2.2.7. Compromise, disrupt, or degrade the normal
and proper operation of any computer or internet system,
including GloNetPro’s systems.
Send or post any offensive, abusive, inappropriate,
malicious, or detrimental e-mails, Ticket postings,
or instant messages, including, but not limited to,
any types of spam or mail-bombs.
You represent and warrant that the account information
that you provided to GloNetPro to open your GloNetPro
account, including your name, business name, address,
e-mail address, and credit card information, is complete
and accurate. In addition, you agree to update your
account information no more that fifteen (15) days
after any of your account information changes.
By providing us with your e-mail address, you agree
that we may send you service-related or other notices
by e-mail rather than by postal mail.
You agree to maintain the confidentiality of your
account, and to not share your account password, security
question answers, or any other confidential information
about your account with others.
If you provide us with a business name for your account,
we will consider that business to be the owner of
the account and may require certain change authorizations
from an officer (if a corporation), authorized member
(if a limited liability company), partner (if a partnership),
or owner (if a sole proprietorship) of the business.
If you do not provide us with a business name for
your account, we will consider you to be the owner
of the account and we may require certain change authorizations
You understand and agree that (a) GloNetPro or
any applicable licensor retains all rights, title,
and interest in and to any computer programming, formatting
code, operating instructions, or other software used
in providing the Services to you (“Programming”)
and (b) that you will not reverse engineer, disassemble,
decompile, or otherwise attempt to derive any source
code of the Programming.
Ticket Postings: You understand and agree that:
4.1. All postings to the GloNetPro Support Ticket
(“Ticket”) are not private communications
in between you and GloNetPro Department. You are
solely responsible for the content of your Ticket
postings and you warrant and represent that your postings
will not infringe or violate the rights of any third
GloNetPro may monitor the use of the Ticket and
the content posted there.
All submissions, suggestions, concepts, ideas, and
content you post to the Ticket may be used by GloNetPro
for any purpose whatsoever, whether commercial or
otherwise, throughout the universe.
By posting material to the Ticket you automatically
grant to GloNetPro an irrevocable, perpetual,
royalty-free, non-exclusive license to use, translate,
reproduce, publish, distribute, sub-license, sell,
and/or create derivative uses of such material anywhere,
for any purpose, and in any form, medium, or technology
now known or later developed throughout the universe.
GloNetPro may remove or block access at any time
to any Ticket posting that we consider, in our sole
discretion, to be a violation of this TOS or the Ticket
Rules . However, we
have no obligation to take such action, even if you
consider the post to be objectionable or offensive.
GloNetPro may prohibit you from further participation
in the Ticket if it determines, in its sole discretion,
that you have violated this TOS or the Ticket Rules
or that your behaviour is otherwise unacceptable.
GloNetPro does not endorse, has no control over,
is not responsible for, and does not guarantee the
accuracy of information posted on or the quality of
any goods or services sold on any external or third-party
website that may be linked to or accessible from a
Any policy or statement contained in any Ticket posting
(including posting made by GloNetPro employees)
which sets forth policies and/or procedures different
than those contained in GloNetPro’s published
policies and agreements shall be null and void.
Fees and Billing:
You agree to pay for the Services that you select.
The fees may include setup fees, monthly fees, quarterly
fees, annual fees, usage fees, web traffic fees, late
fees, and other fees.
Applicable setup fees and the fees due for your first
service term (first month, first quarter, or first
year, etc.) are both due on your initial Services
start date. GloNetPro may change the pricing for
new Services at any time and for existing services
at the beginning of any new billing period.
Dial-up customers will be responsible for all call
Payments must be received on or before the due date
to ensure uninterrupted services. GloNetPro may
charge your account late fees for overdue payments.
In addition, your equipment, domains, web content,
or other assets may be retained by GloNetPro as
collateral for unpaid charges and penalties until
such charges and penalties are paid in full.
You are liable for all unpaid amounts due on your
account, even if your Services are terminated or cancelled
partway through a billing cycle. GloNetPro may
charge you interest on unpaid balances at the rate
of 1.5% per month or the maximum rate allowed by law.
GloNetPro may use a third-party service to collect
unpaid amounts and may charge you attorneys, collection,
or other reasonable fees incurred to collect unpaid
GloNetPro will not return to you any fees you
pay for Services, except that if you are not satisfied
with the shared hosting Services or Web Image Services,
GloNetPro will refund all fees you paid for these
Services for the first thirty (30) days after your
initial start date for these Services. This refund
policy is not applicable to dedicated server Services.
If you dispute a charge, you must pay the whole amount
to avoid service interruption and notify billing (click
here) about the disputed amount. If GloNetPro
validates your claim, your account will be credited
with the validated amount.
You specifically understand and agree that for each
“chargeback” you initiate to your credit
card for fees paid to GloNetPro that you will
be liable to GloNetPro (and GloNetPro may
collect from you) a “chargeback fee” in
the amount of thirty five Malaysia Ringgits (RM35.00).
You will be liable for all unfunded term commitments
on your account. For example, if you signed up for
one (1) year of service and cancel your account (or
your account is terminated) after five (5) months,
the unpaid fees for the remainder of your term commitment
will automatically accelerate and you will immediately
become liable for all unpaid charges on your account.
Charges for bundled Services will be “unbundled”
if a portion of the bundle of Services is terminated.
For example, if you received a free domain name registration
when you initiated web hosting and you terminate your
web hosting Services before the end of your initial
term, you will be charged at that time for the previously
bundled domain name registration.
You understand and agree that you are responsible
for any network bandwidth, memory over usage, or other
overage charges you incur for using the Services,
even if such overages arise due to your failure to
protect your password or account privacy.
GloNetPro will not review or accept any billing
error claims submitted more than ninety (90) days
after disputed charges were incurred.
GloNetPro accepts payment by credit card, check,
or wire transfer. However, customers paying by check
or wire transfer will incur an additional processing
fee of RM5.00 for each payment and customers paying
by wire transfer will also incur a wire transfer fee
of RM10.00 for each payment.
6. Term and Termination:
This TOS will and the agreement governing the specific
GloNetPro Service you establish will become effective
For GloNetPro “click-through” agreements,
when you “Accept” online the agreement
into which this TOS is incorporated.
For GloNetPro agreements you physically sign,
when you affix your signature and return the executed
agreement to GloNetPro.
For GloNetPro agreements you sign electronically,
when the electronic signature process is complete.
This TOS will remain in effect until its termination
by either party under its terms. Termination of this
TOS will automatically terminate each agreement into
which it is incorporated.
You may terminate this TOS and cancel your Services
at any time upon thirty (30) days notice to GloNetPro.
To terminate this TOS and cancel your dedicated server
Services, you must inform us (click
here). To terminate this TOS and cancel any other
Services you understand and agree that except as otherwise
set forth in this TOS or any agreement in which it
is incorporated, that no refunds or reimbursements,
either in full or pro-rata, will be paid to you at
GloNetPro may terminate this TOS at anytime for
any reason without compensation to you upon fourteen
(14) days written notice to the address or e-mail
address currently on file with GloNetPro. Also,
GloNetPro may refuse to open a new account for
any person or entity.
GloNetPro may terminate this TOS immediately and
without notice or obligation to you if (a) payment
for Services is not received by the Anniversary Date
of the start or last renewal date of your account
or (b) we determine, in our sole discretion, that
you have violated this TOS.
You understand and agree that upon termination of
this TOS that GloNetPro has the right to immediately
bar your access to or delete any and all content related
to your website or account.
IN NO EVENT WILL GloNetPro’S LIABILITY TO
YOU IN THE AGGREGATE FOR ANY AND ALL BREACHES, DEFAULTS,
OR CLAIM OF LIABILITY UNDER THIS TOS OR AN AGREEMENT
INCORPORATED INTO THIS TOS OR FOR AN AGREEMENT INTO
WHICH THIS TOS IS INCORPORATED BE EQUAL TO AN AMOUNT
GREATER THAN THE FEES PAID BY YOU TO GloNetPro
DURING THE ONE (1) CALENDAR MONTH PERIOD PRECEDING
THE DATE OF THE EVENT GIVING RISE TO SUCH CLAIM OF
IN NO EVENT WILL GloNetPro, ITS PARENTS, SUBSIDIARIES,
AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, CONTRACTORS
OR EMPLOYEES BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES
FOR ANY THIRD PARTY, SPECIAL, EXEMPLARY, PUNITIVE,
INDIRECT, MULTIPLE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA,
LOSS OF USE, OR INTERRUPTION OF BUSINESS) ARISING
OUT OF, OR IN CONNECTION WITH, THIS TOS OR AN AGREEMENT
INCORPORATED INTO THIS TOS OR FOR AN AGREEMENT INTO
WHICH THIS TOS IS INCORPORATED WHETHER BASED IN CONTRACT,
WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY
STATUTORY DUTY, THE FAILURE OF ANY LIMITED OR EXCLUSIVE
REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, STRICT LIABILITY,
OR ANY OTHER LEGAL OR EQUITABLE GROUNDS, EVEN IF GloNetPro
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ACKNOWLEDGE THAT THESE LIMITATIONS ARE AN ESSENTIAL
ELEMENT OF THIS TOS AND WITHOUT SUCH LIMITATIONS GloNetPro
WOULD NOT ENTER INTO THIS TOS.
You agree to indemnify, defend by counsel reasonably
accepted to GloNetPro, and protect and hold GloNetPro
harmless from and against any and all claims, liabilities,
losses, costs, damages, expenses, including consultants'
and attorneys' fees and court costs, demands, causes
of action, judgments, etc. directly or indirectly
arising out of or related to the Services.
Nothing in this TOS shall be construed as creating
a joint venture, partnership, agency, employment,
franchise, or other relationship between you and GloNetPro.
Also, neither party to this TOS shall have the right,
power or authority to create any obligations or duty,
express or implied, on behalf of the other.
WE DO NOT WARRANT THAT THE SERVICES WILL BE FREE OF
ERRORS, BE UNINTERRUPTED, OR WILL MEET YOUR REQUIREMENTS.
THE SERVICES ARE PROVIDED ON AN “AS IS”
BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS,
AND INDEMNITIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT
OR ANY OTHER WARRANTY ARISING FROM THE COURSE OF PERFORMANCE
OR COURSE OF DEALING. YOU UNDERSTAND AND AGREE THAT
WE WILL NOT BE LIABLE FOR ANY TEMPORARY DELAY, OUTAGE,
OR INTERRUPTION OF THE SERVICES, AND YOU HAVE NOT
ENTERED INTO THIS TOS IN RELIANCE UPON ANY WARRANTY
OR REPRESENTATION EXCEPT THOSE SPECIFICIALLY SET FORTH
HEREIN. ALL SERVICES PROVIDED UNDER THIS TOS WILL
BE DEEMED ACCEPTED WHEN DELIVERED.
This TOS may not be assigned by you without our express
written consent. GloNetPro may assign any or all
of its rights and obligations to others at any time.
This TOS is the final expression of the agreement
between you and GloNetPro regarding the Services.
This TOS may not be modified or amended, nor may it
be modified by custom and usage of trade or course
of dealing, except by an instrument in writing and
signed by you and GloNetPro.
GloNetPro’s waiver of your breach of any
portion of this TOS shall not operate or be construed
as its waiver of any subsequent breach of the same
provision or any other portion of this TOS and no
remedy available to GloNetPro hereunder is exclusive
of any other remedy available to GloNetPro hereunder
or otherwise available at law or in equity.
If any provision of this TOS or its application is
held by a court of competent jurisdiction to be invalid,
unenforceable, or void, the remainder of this TOS
shall remain in full force and effect enforced to
fullest extent consistent with applicable law.
You agree that you will not solicit GloNetPro
employees as your employees or contractors. You represent
and warrant that you have full power to enter into
this TOS and any agreement into which this TOS is
incorporated by reference.
The section headings contained herein are for reference
purposes and convenience only and shall not in any
way affect the meaning or interpretation of this TOS.
GloNetPro shall not be deemed to be in default
of or to have breached any provision of this TOS as
a result of any delay, failure in performance or interruption
of the Services, resulting directly or indirectly
from acts of God, acts of civil or military authority,
civil disturbance, war, strikes or other labor disputes
and disturbances, fire, transportation contingencies,
shortages of facilities, fuel, energy, labor or materials,
or laws, regulations, acts or order of any government
agency or official thereof, other catastrophes, or
any other circumstances beyond our reasonable control.
This TOS shall be binding on you and GloNetPro and
your or its successors and assigns, and shall be governed
by the laws of the state of Kansas without giving
effect to such laws' provisions regarding conflict
of laws. Any action arising out of or related to this
TOS shall be brought in the Kuala Lumpur state courts
located in Malaysia County, Malaysia and each party
consents to the jurisdiction and venue of these courts.
Each party expressly disclaims application of the
United Nations Convention on Contracts for the International
Sale of Goods to this TOS.
Sections 1.2, 3.2, 3.5, 4.1-4.8, 5.1, 5.4-5.6, 5.8-5.12,
6.3, 6.6, 7.1-7.4, 8.3, 8.5, 8.6, 8.8, and 8.9 shall
survive termination of this TOS.