These Terms and contracts constitute the agreement ("Agreement") between TIEUS Technology Corp. ("we," "us" or "TIEUS") and the user ("you," "user" or "Customer") of TIEUS's enhanced Residential communications services and any related products or services ("Service"). By activating the Service, you acknowledge that you have read and understood, and you agree, to the terms and conditions of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms.

 

1. SERVICE
1.1 . Residential Use of Service If you have subscribed to Globe DID services, the Service is provided to you as a residential user, for your personal, residential, non-business and non-professional use. This means that you are not using them 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 residential 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 TIEUS in advance. You agree that your use of the Service to you by any other person for any commercial or governmental purpose will obligate you to pay TIEUS's higher rates for commercial service on account of all periods, including past periods, in which you use, or used, the Service for commercial or governmental purposes. TIEUS reserves the right to immediately terminate or modify the Service, if TIEUS determines, in its sole discretion, that Customer's Service is being used for non-residential, unreasonable amount usages or commercial use.

 

1.2.1 Prohibited Uses You agree to use the Service only for lawful purposes. This means that you agree not to use them for transmitting or receiving any communication or material of any kind when in TIEUS's sole judgment the transmission, receipt or possession of such communication or material (i) would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, province , national or international law or (ii) encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. TIEUS reserves the right to terminate your service immediately and without advance notice if TIEUS, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, all of which immediately become due and payable and may at TIEUS's discretion be immediately charged to your credit card. You are liable for any and all use of the Service and/or Device by yourself and by any person making use of the Service or Device provided to you and agree to indemnify and hold harmless TIEUS against any and all liability for any such use. If TIEUS, in its sole discretion believes that you have violated the above restrictions, TIEUS may forward the objectionable material, as well as your communications with TIEUS and your personally identifiable information to the appropriate authorities for investigation and prosecution and you hereby consent to such forwarding.

 

2. CHANGES TO THIS AGREEMENT
TIEUS may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on to the "Service Announcements" section of Globedid.com website (currently located at http://www. Globedid.com ). Such changes will become binding on Customer, on the date posted to the TIEUS website and no further notice by TIEUS is required. This Agreement as posted supersedes all previously agreed to electronic and written terms of service, including without limitation any terms included with the packaging of the Device and also supersedes any written terms provided to Agent and Reseller?s Customers in connection with Agent and Reseller?s distribution, including without limitation any written terms enclosed within the packaging of the Device..

 

3. CHARGES / PAYMENTS / DEFAULT / TAXES / TERMINATION
3.1 Billing You must give us a valid credit card number (Visa, MasterCard, or any other issuer then-accepted by TIEUS) when the Service is activated. TIEUS 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 TIEUS at once.

 

3.2 Billing Disputes You must notify TIEUS in writing within 7 days after receiving your credit card statement if you dispute any TIEUS charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address: Customer Care Billing Department TIEUS Technology Corp. 1200-1200 W.73 Ave. Vancouver, BC V6P 6G5 Canada or billing@TIEUS.com or 1-888-931-6888

 

3.3 Payment TIEUS accepts payments only by credit card as set forth in Section 3.1. Your initial use of the Service authorizes TIEUS to charge the credit card account number on file with TIEUS, including any changed information given TIEUS if the card expires or is replaced, or if you substitute a different card, for TIEUS charges as set forth in Section.

 

3.5 Taxes You are responsible for, and shall pay, any government , 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. If you are exempt from payment of such taxes, you shall provide TIEUS with an original certificate that satisfies applicable legal requirement attesting to tax-exempt status. Tax exemption will only apply from and after the date TIEUS receives such certificate.

 

4. WARRANTY and LIABILITY LIMITATIONS / INDEMNIFICATION
4.1 Limitation of Liability TIEUS shall not be liable for any delay or failure to provide the Service, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:
1.) act or omission of an underlying carrier, service provider, vendor or other third party;
2.) equipment, network or facility failure;
3.) equipment, network or facility upgrade or modification;
4.) force majeure events such as (but not limited to) acts of god; strikes; fire; war; riot; government actions;
5.) equipment, network or facility shortage;
6.) equipment or facility relocation;
7.) service, equipment, network or facility failure caused by the loss of power to Customer;
8) act or omission of Customer or any person using the Service or Device provided to Customer; or
9) any other cause that is beyond TIEUS's control, including without limitation a failure of or defect in any Device, the failure of an incoming or outgoing communication, the inability of communications to be connected or completed, , or degradation of voice quality. TIEUS's aggregate liability for (i) any failure or mistake; (ii) any claim with respect to TIEUS's performance or nonperformance hereunder or (iii) any TIEUS act or omission in connection with the subject matter hereof shall in no event exceed Service charges with respect to the affected time period.

 

4.2 Disclaimer of Damages IN NO EVENT SHALL TIEUS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE BE LIABLE FOR ANY DIRECT, 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 DAMAGES 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, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT TIEUS WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.

 

4.3 Indemnification Customer agrees to defend, indemnify, and hold harmless TIEUS, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer's Service, relating to this Agreement, the Services, or the Device. This paragraph shall survive termination of this Agreement.

 

4.4 No Warranties on Service TIEUS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, TIEUS DOES NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER TIEUS NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO TIEUS'S OR CUSTOMER'S TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF TIEUS'S OR ITS SERVICE PROVIDER'S OR VENDORS' NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY TIEUS OR TIEUS'S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.

 

4.5 No Third Party Beneficiaries No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.

 

4.6 Content You are liable for any and all liability that may arise out of the content transmitted by or to you or Users using the Services. You shall assure that your or User's use of the Services and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. TIEUS reserves the right to terminate or suspend affected Services, and/or remove your or Users' content from the Services, if TIEUS determines that such use or content doer not conform with the requirements set forth in this Agreement or interferes with TIEUS's ability to provide Services to you or others or receives notice from anyone that your or Users' use or Content may violate any laws or regulations. TIEUS's actions or inaction under this Section shall not constitute review or approval of your or Users' use or Content. You will indemnify and hold TIEUS against any and all liability arising from the content transmitted by or to you or to Users using the Services. A "User" means any person, whether authorized or unauthorized, using the Service and/or Device provided to you.

 

5. GOVERNING LAW / RESOLUTION OF DISPUTES
5.1 Entire Agreement This Agreement and the rates for Services found on TIEUS's website constitute the entire agreement between you and TIEUS and govern your use of the Service, superseding any prior agreements between you and TIEUS and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No amendment to this Agreement shall be binding upon TIEUS unless and until posted in accordance with Section 1 hereof.

 

5.2 Severability If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.

 

6. PRIVACY
TIEUS Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. TIEUS is not liable for any lack of privacy which may be experienced with regard to the Service. Please refer to our Privacy Policy applicable to you at www.TIEUS.com for additional information.

 

Last Updated: Dec 15th, 2008