Standard Definitions
The Standard Definitions are located at: www.globalrelay.com/standard_definitions.html.
The following definitions constitute part of the entire understanding and agreement between the parties with respect to any written agreement, policy, website term or schedule of Global Relay, any Registration Information supplied by the Customer, or any Reseller Application:
- Acceptable Use Policy
- The policy of Global Relay found at: www.globalrelay.com/acceptable_use_policy.html that describes the proper kinds of conduct and prohibited uses of the Services as subscribed to under the Services Agreement, and such policy forms part of any agreement with a Customer or Reseller, as applicable;
- Account
- An account of the Customer consisting of a username and Password used to obtain access to one or more of the Services;
- Additional Charges
- The additional costs incurred by the Customer due to further Service requests where the Customer requires either more complex or individually tailored modifications or additions to the Services; requires email or telephone support to be provided directly to the Users in addition to the Administrative User; or where storage or bandwidth overages have been triggered;
- Administrative Account
- The Account that provides the Administrative User with the principle discretion and ability to add, suspend, delete, manage and control all Accounts and Services of the Customer through a web-based Control Center, including, if applicable, access to all User email and Data of the Customer;
- Administrative User
- The User appointed by the Customer in the Registration Information that is provided with authority over, access to and use of the Administrative Account and is responsible for instructing Global Relay by Customer Instruction and otherwise;
- Billing Cycle
- The monthly or annual billing period with respect to the Services for which an invoice will be sent to the Customer;
- Commencement Date
- The date upon which Global Relay completes the initial Provisioning and the Services become available for access and use by the Customer and in the case of annual billings, the Billing Cycle commences;
- Company
- Global Relay Communications Inc., also referred to as Global Relay;
- Confidential Information
- Any Data or information treated as confidential or proprietary that relates to either party’s past, present, or future research, development or business activities, including all, business and other information that either party provides to the other, including any unannounced product(s) and service(s), and including any business or technical information relating to Services, Systems, developments, inventions, processes, plans, financial information, Prices, marketing, Customer and supplier lists, forecasts, and projections, whether in oral, written, graphic or electronic form. Notwithstanding the foregoing, Confidential Information shall exclude information (i) available to the public other than by a breach of the applicable agreement; (ii) rightfully received from a third party not in breach of an obligation of confidentiality; (iii) independently developed by the receiving party without access to Confidential Information of the other party; (iv) known to the receiving party at the time of disclosure as evidenced by the written records of the receiving party at the time of disclosure; or (v) produced in compliance with any court order;
- Control Center
- Any web page of Global Relay that provides the Administrative User with Administrative Account privileges to issue Customer Instructions to Global Relay, to obtain Registration Information, and to view Service statistics of the Customer;
- Customer
- The individual or business entity that has registered to use one or more of the Services pursuant to the terms and conditions of the Services Agreement, and includes all Users, employees, representatives and agents of the Customer, all perspective Customers using the Trial Services, and all Customers of the Reseller;
- Customer Instruction
- Any instruction regarding any Service that is transmitted from the Control Center or via email from the Administrative Account to Global Relay;
- Customer Quote
- A Price quote and specific terms for tailored Services offered by Global Relay or a Reseller, as the case may be;
- Data
- Email, files or information of any type, which reside on the Systems of Global Relay or the Customer, as the case may be;
- Data Encryption
- The conversion, enciphering or encoding of Data from a readable form to an unintelligible form;
- Encryption Key
- A random sequence of alphabetic, numeric or special keyboard characters used in the Data encryption and decryption process;
- Fees Arrangement
- The arrangement between Global Relay and the Customer, as modified from time to time, with respect to Fees, Prices, Additional Charges, payment method, Billing Cycle and the Accounting Contact in connection with the Services;
- Fees
- Any and all fees to be paid by the Customer for the Prices and other costs relating to the Services in accordance with the Fees Arrangement, including any taxes, interest, Additional Charges and expenses;
- Global Relay
- Global Relay Communications Inc., also referred to as the Company;
- Installation
- The setup, configuration and testing of a Service or Account on the Customer’s Systems;
- Intellectual Property Rights
- The intangible legal rights or interests evidenced by or embodied in (a) any idea, design, concept, technique, invention, discovery, or improvement, regardless of patentability, but including patents, patent applications, trade secrets, and know-how; (b) any work of authorship, regardless of copyright ability, but including copyrights and any moral rights recognized by law; (c) any trademark, trade name, trade secret and Mark; and (d) any other similar rights, in each case, on a worldwide basis;
- Marks
- Logos, service marks and any other trademarks of a business entity;
- Notification
- A notice sent by a party to the appropriate contact of a contracting party, in accordance with the Notices and Communication provisions of the applicable agreement;
- Password(s)
- The combination of numbers and/or letters the Users select from time to time, for each of its Users’ use alone, as a means of identifying each User and enabling each such User to access its Account(s) or Service(s) subscribed for;
- Person
- Any individual, business entity, partnership (whether general, limited, limited liability or otherwise), limited liability company, corporation, association or other unincorporated association;
- Price(s)
- The pricing of the Services that the Customer has subscribed for or that Reseller has selected to resell, as applicable;
- Privacy Policy
- The policy of Global Relay found at: www.globalrelay.com/privacy_policy.html describing how the Customer’s personal information will be treated once it subscribes for the Services, and such policy forms part of any agreement with the Customer;
- Provisioning
- The setup, configuration and testing of a Service or an Account on Global Relay’s Systems;
- Registration Information
- The Registration Information form that is required to be completed by the Customer either online, via email or via hard copy and delivered to Global Relay, together with the Services Agreement;
- Reseller
- An individual or business entity that Global Relay has granted a non-exclusive right to market and resell its Services pursuant to a Reseller Agreement;
- Reseller Agreement
- The written agreement between Global Relay and a Reseller, as amended from time to time, that is entered into in order to be a Reseller of Global Relay;
- Reseller Application
- The Reseller Application request form (also known as the Partner Program sign-up page) found at: http://www.globalrelay.com/html/partners/now.shtml that is required to be completed by a Reseller either online, via email or via hard copy and delivered to Global Relay, together with the Reseller Agreement;
- Signing Authority
- The individual named in the Registration Information, the Reseller Application or otherwise, that is agreeing to a particular agreement on behalf of its business entity, and is at least 18 years of age, has the requisite power and is otherwise capable of and authorized to enter binding agreements on behalf such business entity;
- Service(s)
- One or more of the services offered by Global Relay as described at www.globalrelay.com and subscribed for in accordance with the Registration Information completed by a Customer or by Customer Quote;
- Services Agreement
- The written agreement between Global Relay and a Customer, as amended from time to time, that is entered into by a Customer in order to access and uses the Services, the standard copy of which is found at: www.globalrelay.com/services_agreement.html;
- Standard Definitions
- The standard definitions used by Global Relay that constitute part of the entire understanding and agreement between the parties with respect to any written agreement, policy, website term or schedule of Global Relay, which can be located at: www.globalrelay.com/standard_definitions.html;
- Sub-Reseller
- An individual or business entity that has been referred to Global Relay through one of its Resellers, that Global Relay has granted a non-exclusive right to market and resell its Services pursuant to a Reseller Agreement between Global Relay and the Sub-Reseller;
- System(s)
- Computers, servers, Data storage devices, Internet connectivity, and any hardware or software networking device, including but not limited to hubs, switches, routers, and firewalls;
- Trial Services
- Services offered by Global Relay, on a trial basis, to prospective Customers for a period of up to 30 days, without cost, pursuant to the Services Agreement;
- User(s)
- An employee or representative of the Customer that has been granted access to one or more of the Services through a designated Account or Accounts;
- Website Terms of Use & Copyright Policy
- The policy of Global Relay found at: www.globalrelay.com/term_of use.html describing how the Global Relay website and the material published within the website are owned by, or licensed to, Global Relay and are protected by copyright, trademark and other intellectual property laws.