Terms Of Service (TOS)
Last Updated October 10, 2018
1. General Terms.
In consideration of hosting services to be delivered, Customer agrees to be bound by the following terms and conditions:
- 1.1. Customer agrees to pay, in advance of each monthly service term, for hosting services to be rendered.
- 1.2. Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes that may require Customer to order goldenbeaverhosting.com’s service for a certain minimum period of time.
- 1.3. Customer agrees to a no-refund policy in advance. Setup fees and monthly web hosting service fees are non-refundable. Customer is entitled to one refund under 30-day guarantee for shared hosting only as noted in section 6.
- 1.4. Non-Payment of services shall result in a 2-day notice of disconnection. All payment failures must be cured within 3 business days from invoice due date or account will be suspended. Account termination will result from invoices overdue for 10 days.
- 1.5. goldenbeaverhosting.com is not and shall not responsible for data integrity for any accounts that are terminated, disconnected, or interrupted because of Customer’s failure to pay for goldenbeaverhosting.com’s services.
- 1.6. Customers agree to pay all taxes applicable to your account.
2. Agreement for Services.
- 2.1. goldenbeaverhosting.com will provide, and Customer will purchase and pay for, the Web hosting services (the “Services”), according to the service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the Customer, and that Customer is aware of all applicable charges as per the Agreement. Customer also understands that no promotional offers will apply to their individual service unless said promotional offers are specified in this Agreement.
- 3.1. Establishment and provision of service is contingent upon receipt of payment from Customer to goldenbeaverhosting.com.
- 3.1.1. Customer must pay in full for the Services before goldenbeaverhosting.com begins to provide the Services to Customer. Invoices are generated 7 days before renewal and customer agree recurring billing will be billed and charged automatically on the due date of the invoice and that goldenbeaverhosting.com may apply the amount due at any time.
- 3.1.2. Setup fees will be charged and are due at the time of the Customer’s initial request of the Services requiring setup.
- 3.2. Payment is due on the defined monthly recurring billing date of each month. Service will be interrupted on accounts that reach 3 days past due. Accounts that are not collectable by goldenbeaverhosting.com will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay to goldenbeaverhosting.com a “Processing and Collection” Fee of not less than Fifty ($50.00) Dollars nor more than One Hundred Fifty ($150.00) Dollars.
4. Delinquent Accounts.
goldenbeaverhosting.com may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, and any collection fees to which goldenbeaverhosting.com may be entitled under this Agreement or under applicable law.
5. Account Cancellation.
Customers may voluntarily cancel their account at any time, for any reason or for no reason, by filling out the “Cancellation Request Form” which is provided on the goldenbeaverhosting.com Web site. You can find the “Cancellation Request Form” after logging into the client portal at the following link:
Once a Customer has cancelled their account before the renewal date, no more charges will be billed to the account. Cancellations on or after renewal will be charged renewal fees.
Paypal paying customers cancelling their paypal subscription payment does not warrant cancellation of service. All cancellations must go through the cancellation form. Customer can terminate their account for any reason or for no reason. However, Customer understands and agrees that goldenbeaverhosting.com does not provide pro-rated or any other kinds of refunds on cancellations. All fees Customer has paid shall be nonrefundable.
6. Refunds and Disputes.
IMPORTANT NOTICE: EXCEPT AS EXPLICITLY PROVIDED IN THIS SECTION 6, ALL PAYMENTS TO goldenbeaverhosting.com ARE NONREFUNDABLE.
All payments to goldenbeaverhosting.com, LLC are nonrefundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within thirty (30) days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, which, in goldenbeaverhosting.com’s sole discretion, are invalid under the terms and conditions of this Agreement, will result in service interruption, and reconnection fees to restore the desired service.
Without waiving any of its other rights under this Agreement, goldenbeaverhosting.com LLC offers to its Customers a 30-day money-back guarantee on fees for shared hosting services only (the “30-Day Guarantee”). If for any reason you cancel your account by filling in the account cancellation form and submitting it to goldenbeaverhosting.com, LLC, within thirty (30) days of the beginning of your service, goldenbeaverhosting.com, LLC will refund your money with no questions asked; provided, however, that you have never previously obtained a refund under the 30-Day Guarantee. If you have ever previously obtained a refund under the 30-Day Guarantee, your account will be canceled, but no money will be refunded to you.
Please note that the amount refunded to you will be the amount you paid for shared hosting services only, and will not include any of the following fees:
- Setup fees,
- Fees for domain name registrations,
- SSL certificate fees,
- Any add-on services, features, software, and
- Any other fees for services involving a third party.
The 30-Day Guarantee is subject to all of the following limitations:
- You are entitled to a maximum of one (1) 30-Day Guarantee.
- If you do not cancel your account within thirty (30) days of the beginning of your service, your right to the 30-Day Guarantee shall expire forever and may not be revived under any circumstances, without the prior express written approval of goldenbeaverhosting.com, LLC.
- You may not transfer or assign the 30-Day Guarantee to any third party.
- You agree that you will not circumvent the restrictions on the 30-Day Guarantee described in this document, or attempt to circumvent those restrictions by any means, including, but not limited to, the following actions:
- Creating multiple accounts, using the same customer name or different customer names;
- Canceling your account for the sole purpose of obtaining a refund and then registering for a new account;
- Organizing multiple business entities or using assumed business names for the purpose of circumventing these restrictions;
- Knowingly providing false or misleading information when you register for your account; or
- Requesting a refund under the 30-Day Guarantee at any time after you have already received a refund under that guarantee;
- If you use more than 100 GB of total bandwidth or the target of a DDoS attack during the 30-Day Guarantee period.
- If you violate any provision above or any of the following policies of goldenbeaverhosting.com, you will not be eligible for the 30-Day Guarantee:
- Terms of Service (TOS);
- Acceptable Use Policy (AUP); or
- No-Spam Policy (NSP).
Changes to your service, including, but not limited to, adding new services, removing services, or changing the type of shared hosting plan you have do NOT make you eligible for an additional 30-Day Guarantee. The 30-Day Guarantee only applies to your first order of shared hosting services from goldenbeaverhosting.com, LLC and does not apply to any changes to your service at any time.
7. Customer agrees not to engage in any activity that violates any international, foreign, federal, state, province, or local laws applicable to the service terms described in this Agreement.
Unlawful, illegal or inappropriate use includes use of the Services to:
- possess, store, view, download, transmit, distribute (by any peer-to-peer service or otherwise) or traffic any materials that:
- include child pornography;
- infringe any person’s copyright or other intellectual property right (including unlicensed or improperly licensed applications, music, games or other materials);
- wilfully promote hatred against or defame any identifiable individual, group or other organization; including but not limited to promoting hate, violence, or intolerance based on race, age, gender identity, ethnicity, religion, or sexual orientation.
- can be used for attacking computer systems and networks and defacing websites (including scripts, executables or other tools).
- include any form of malware
- make threats to a person’s safety or property;
- defame other persons;
- interfere with the services that GoldenBeaverHosting provides;
- interfere with, disrupt or damage the servers used by GoldenBeaverHosting to provide such services;
- impersonate or falsely state or otherwise misrepresent your identity or affiliation with any person or entity;
- wilfully bypass or subvert the physical, logical or procedural safeguards such as firewalls, web-filtering software or other access controls used by anyone to gain unauthorized access to anyone’s technology infrastructure or distributing computer programs designed to assist in doing so;
- any act in violation of any applicable local, provincial, state, national or international law or regulation including any laws relating to:
- the export of data or software;
- the protection of human rights;
- the promotion of hatred;
- criminal offences;
- the protection of intellectual property;
- or including the sending of commercial electronic messages without consent from the recipients.
Unacceptable uses of the Services or GoldenBeaverHosting’s technology infrastructure may also include but are not limited to: ailing, unsolicited emailings, newsgroup spamming, hardcore pornography (including but not limited to the use of animals in such pornography) or links to such sites, copyrighted MP3, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and running of any scripts, executables, or other programs or processes that can in any way adversely affect the performance of GoldenBeaverHosting’s technology infrastructure. GoldenBeaverHosting will be the sole and final arbiter as to what constitutes a violation of this policy.
8. goldenbeaverhosting.com reserves the right to discontinue service to any Customer it deems, in its sole discretion, violates any condition of service including, but not limited to, the following:
- 8.1. the Acceptable Use Policy, or
- 8.2. the No-Spam Policy.
- 9.1 Customers are responsible for maintaining their own backups on their own personal computers or other computers.
- 9.2 goldenbeaverhosting.com does not provide any sort of compensation for lost, inaccurate, incomplete, or outdated data in the event that goldenbeaverhosting.com’s backups do not function properly, regardless of the reason(s) for any such malfunction, even if the malfunction was due to the fault or negligence of goldenbeaverhosting.com or any of its employees or agents, and regardless of whether goldenbeaverhosting.com had been informed of the possibility of such malfunction, or any fault or negligence that might cause it.
- 9.3 In the event that you need to recover data from a backup, goldenbeaverhosting.com will use reasonable efforts to restore data to your account from the appropriate backup. HOWEVER, PLEASE NOTE THAT THIS SERVICE IS INTENDED TO COMPLEMENT YOUR OWN BACKUPS TO YOUR OWN COMPUTER, AND IS NOT A SUBSTITUTE FOR THOSE BACKUPS. AGAIN, goldenbeaverhosting.com DOES NOT GUARANTEE THE AVAILABILITY, COMPLETENESS, CURRENCY, OR INTEGRITY OF ITS BACKUPS.
- 9.4 You understand and agree that goldenbeaverhosting.com’s backup policy does not create any warranties for whose breach goldenbeaverhosting.com can be held liable.
10. Customer agrees to defend, indemnify, and hold harmless goldenbeaverhosting.com, and the parents, subsidiaries, successors, assigns, employees and agents of goldenbeaverhosting.com against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) to which an indemnified party may become subject and which Losses arise out of, or relate to this Agreement or Customer’s use of the Services, and to reimburse an indemnified party for all legal and other expenses, including reasonable attorneys’ fees incurred by such indemnified party in connection with investigating, defending, or settling any Loss whether or not in connection with pending or threatened litigation in which such indemnified party is a party.
11. goldenbeaverhosting.com SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTAL,SPECIAL OR CONSEQUENTIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, OR LOSS OF DATA RESULTING FROM THE USE OF goldenbeaverhosting.com’S SERVICES BY CUSTOMER OR ANY THIRD PARTIES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, OR
11.2. ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS.
12. goldenbeaverhosting.com PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. goldenbeaverhosting.com DISCLAIMS ALL WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS, AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF THE SERVICES AND goldenbeaverhosting.com SHALL HAVE NO LIABILITY THEREFOR.
13. TO THE MAXIMUM EXTENT PERMITTED BY LAW, goldenbeaverhosting.com DISCLAIMS, ALL WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR THROUGH, THIS SERVICE, THE SYSTEMS WHICH PROVIDE IT, AND THE INTERNET, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.
14. goldenbeaverhosting.com DOES NOT ASSUME ANY LIABILITY FOR THE COMPLETENESS, ACCURACY, OR USEFULNESS OF ANY INFORMATION DISCLOSED OR MATERIALS ACCESSED THROUGH ITS SERVICES, ITS SYSTEMS, ITS NETWORKS, OR THE INTERNET.
15. No Waiver of Rights by goldenbeaverhosting.com.
Any failure by goldenbeaverhosting.com to enforce this Agreement in every instance in which it might apply does not amount to a waiver of any of goldenbeaverhosting.com’s rights.
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTACT OR ANY BREACH THEREOF IN EXCESS OF $250.00 SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.
- 17.1. From goldenbeaverhosting.com to Customer.
goldenbeaverhosting.com will notify you by e-mail of any notices that goldenbeaverhosting.com is required to provide to you under this Agreement, at the most current e-mail address you have provided to goldenbeaverhosting.com.
By entering this Agreement, you consent to receive notices by e-mail. You are solely responsible for ensuring that goldenbeaverhosting.com has your most current e-mail address, and goldenbeaverhosting.com shall not be responsible for any lost, misdirected, bounced, forwarded, or undeliverable e-mail that goldenbeaverhosting.com sends to the most current e-mail address you have provided to goldenbeaverhosting.com.
- 17.2. From Customer to goldenbeaverhosting.com.
Unless otherwise specified in this Agreement, notices to goldenbeaverhosting.com shall be sent to the following address:
Attention: Legal Notices
sherbrooke, QC, j1n 2l5
18. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of Canada, without regard to choice of law or conflicts of law provisions that would cause the application of the law of another jurisdiction.
All monetary amounts to which this Agreement refers shall be in United States dollars.
20. Entire Agreement.
This Agreement, including all of its component parts, comprises the entire agreement between you (the Customer) and goldenbeaverhosting.com, and supersedes any prior or previous agreements between you and goldenbeaverhosting.com with respect to the subject matter of this Agreement; provided, however, that you agree that you shall be subject to any additional terms and conditions of which goldenbeaverhosting.com notifies you from time to time, pursuant to this Agreement.
21. No Oral Modification of this Agreement.
This Agreement may not be modified orally.
- 22.1 Customer shall not assign or attempt to assign its obligations under this Agreement without goldenbeaverhosting.com’s prior and express written consent to such assignment.
- 22.2. goldenbeaverhosting.com may assign any or all of its rights and obligations under this Agreement at any time without prior notice to or consent of Customer.
23. Consent to Jurisdiction; Venue.
Jurisdiction and venue for arbitration or litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof shall be proper only in a venue determined by goldenbeaverhosting.com.
24. Choice of Law.
For all purposes, this Agreement shall be deemed to have been made within the Province of Quebec, Canada. This Agreement shall be governed by the laws of Canada and the laws of the Province of Quebec, without regard to Quebec’ choice of law and conflicts of law rules, and goldenbeaverhosting.com and Customer each submit to the exclusive jurisdiction of the courts of Sherbrooke, Quebec, should any claim or question arise under Federal law or federal jurisdiction based upon diversity of citizenship.
25. Force Majeure.
goldenbeaverhosting.com 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, terrorism, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, magnetic interference, interruptions of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunications or wireless service, or any cause beyond the reasonable control of goldenbeaverhosting.com.
26. Severability of Terms of this Agreement.
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 hereto, and the remainder of the provisions shall remain in full force and effect.
27. Limitation of Actions Arising Under this Agreement.
Any cause of action you may have with respect to goldenbeaverhosting.com’s performance or alleged non-performance of this Agreement must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred.
28. Denial of Service
goldenbeaverhosting.com reserves the right to refuse or discontinue service to anyone at our sole discretion.
29. Abuse of goldenbeaverhosting.com Staff or Support Personnel.
- 29.1. At goldenbeaverhosting.com, we take pride in providing excellent service to all of our customers. It is our policy always to treat our customers with the highest level of respect and courtesy. In return, we expect the same respect and courtesy from you.
- 29.2. If our staff feels that you are consistently engaging in abusive content toward them, or addressing them in a demeaning or rude manner, your account(s) may be suspended and you may be asked to take your business elsewhere.
- 29.3. Abusive conduct includes, but is not limited to, the following behaviors:
- Repeatedly addressing members of our staff in a demeaning or rude manner;
- Using profanity in any oral or written communications with our staff, by any medium of communication, including but not limited to e-mail, instant messages, chat, text messaging, fax, postal mail, telephone, voice over Internet Protocol (VoIP), or in-person communication;
- Yelling or shouting at our staff;
- Deliberately using all capital (uppercase) letters in any written communication to our staff;
- Insulting our staff because of their personal characteristics, or on the basis of their race, ethnicity, national origin, sex, sexual orientation, religion, or housing or economic status; or
- Deliberately providing false information to our staff for the purpose of harassing them or wasting their time.
Acceptable Use Policy
Last Updated 12/21/2017
1. Introduction, Purpose, and General Terms.
- 1.1. This Web site gives you the ability to learn about goldenbeaverhosting.com and its products and services as well as the ability to access our network and services (“goldenbeaverhosting.com Services”). By using this site, and any other sites or services owned, operated, or provided by goldenbeaverhosting.com, you signify your agreement to the terms, conditions and notices of this policy. “You” when used in the Agreement shall mean the goldenbeaverhosting.com Customer of record and that goldenbeaverhosting.com Customer’s end users.
- 1.3. This document sets forth the principles, guidelines and requirements of the Acceptable Use Policy of goldenbeaverhosting.com (“Company”) governing the use by the Customer (“Customer”) of the Company’s services and products (“Services and Products”). The purpose of goldenbeaverhosting.com’s Acceptable Use Policy (the AUP”) is to comply with all international, federal, state, province, and local laws and to protect the network security, network availability, physical security, Customer privacy, and other factors affecting the services provided by goldenbeaverhosting.com. goldenbeaverhosting.com reserves the right to impose reasonable rules and regulations regarding the use of its services provided to all Customers and such rules and regulations are subject to change. Such rules and regulations are located on the Internet at
- 1.4. In order to maintain an informative and valuable service that meets the needs of the users of this site and goldenbeaverhosting.com Services, the rules in this AUP have been established to protect against abuse. The AUP is not an all-inclusive, exhaustive list and goldenbeaverhosting.com reserves the right to revise, amend, or modify the AUP at any time as needed, effective upon either the posting of the revised, amended, or modified AUP to
or notification to the Customer via e-mail to the e-mail address of Customer as set forth in the Service Descriptions.
- 1.5. Any violation of the AUP may result in the suspension or termination of your account or such other action, as goldenbeaverhosting.com deems appropriate. No credits will be issued for any interruption in service resulting from violations of the AUP.
- 1.6. VIOLATION OF ANY SECTION OF THE AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM IO ZOOM.
- 1.7. Any questions or comments regarding the AUP should be directed to goldenbeaverhosting.com by e-mail to the following e-mail address
firstname.lastname@example.org, for issues concerning the AUP.
2. General Prohibitions.
- 2.1. You may not use this site or goldenbeaverhosting.com’s Services for any purpose that is unlawful or in any manner that could damage, disable, overburden or impair the operation of this site, the goldenbeaverhosting.com Network, or goldenbeaverhosting.com’s Services, or any other party’s use or enjoyment of this site, the goldenbeaverhosting.com Network, or goldenbeaverhosting.com’s Services.
- 2.2. Adult Content.
- 2.2.1. Legal adult content is allowed on goldenbeaverhosting.com shared hosting and VPS servers as long as it’s in compliance with all canadian laws.
- 2.2.2. In some jurisdictions, even the notice and advertisement of adult-oriented services may be illegal. It is your sole responsibility to learn the laws that govern what you are and are not allowed to post on your Web site. As part of your agreement with goldenbeaverhosting.com, you must comply with all such applicable laws.
However, goldenbeaverhosting.com cannot and does not advise you or make any recommendations to you about the existence of any such laws in a particular jurisdiction. Nor does goldenbeaverhosting.com advise you about how to comply with any such laws. Furthermore, laws vary throughout Canada and all over the world, so you should contact your legal advisor for more information and specific recommendations concerning the kinds of online materials that are legal in your region.
- 2.3. Unacceptable Content.
- 2.3.1. goldenbeaverhosting.com does not allow TOR, HYIP, ponzi schemes, warez, phishing, torrent, peer to peer file sharing, public IRC, DOS or DDOS related, seti@home, folding@home, or financial scams any goldenbeaverhosting.com servers.
- 2.3.2. Anonymous Proxies. goldenbeaverhosting.com does not allow anonymous proxy scripts on its servers for public use.
- 2.3.3. Backup Storage. Use of your account to store backups is prohibited and should only be used to host files related to your website. If you need to store backups we recommend one of our FTP backup plans.
- 2.3.4. File Download. You may not use your shared hosting account to host a file or media download site, distribution sites, or public software mirrors on its servers.
- 2.3.5. Free Services. You may not use your shared hosting account to offer your resources available for free to the public.
If we find any of your sites (or any of the sites of your customers) to be hosting any of the prohibited products or services, the offending accounts shall be subject to immediate account termination.
3. Compliance with Law.
Customer shall not use goldenbeaverhosting.com’s Service or any other service or network to post, upload, transmit, retransmit, store, distribute or facilitate the distribution of any content, including without limitation text, communications, software, images, sounds, data, or other information that, in goldenbeaverhosting.com’s sole discretion:
- 3.1. violates, attempts to violate, or helps any third party to violate any local, state, province, federal, international, or non-Canada law, ordinance, or regulation,
- 3.2. is threatening, obscene, indecent, abusive, harassing, libelous, defamatory, deceptive, fraudulent, invasive of another’s privacy, tortious, inaccurate, or that otherwise could adversely affect any individual, group or entity (collectively, “Persons”),
- 3.3. threatens or encourages bodily harm or destruction of property,
- 3.4. harms any person,
- 3.5. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, sex, sexual orientation, race, ethnicity, national origin, immigration status, age, disability, or any other reason,
- 3.6. is posted in violation of a newsgroup charter,
- 3.7. contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer,
- 3.8. violates any terms or conditions of any other network access provider or Internet service provider,
- 3.9. violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” information content or data or other software products that are not appropriately licensed for use by Customer. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products,
- 3.10. adds, removes, or modifies identifying network header information in an effort to deceive or mislead any person. Additionally, attempting to impersonate any person by using forged headers or other identifying information is prohibited. However, the use of anonymous remailers or nicknames does not by itself constitute impersonation, unless such use is made with the intent to deceive, defraud, or mislead any person or to violate any applicable laws or regulations,
- 3.11. collects, attempts to collect, or helps any third party to collect personal information about third parties without their knowledge or consent or in a manner that violates applicable laws concerning privacy,
- 3.12. has a negative effect on goldenbeaverhosting.com or its network (including, without limitation, overloading servers on the goldenbeaverhosting.com Network; causing portions of the goldenbeaverhosting.com Network to be blocked by other network providers; generating unresolved third party complaints or complaints which, in the discretion of goldenbeaverhosting.com, impose an unreasonable administrative burden on goldenbeaverhosting.com; etc.), or
- 3.13. violates the prohibition on terrorist content and activities. Terrorist Content Prohibited.
4. System and Network Security.
Violations of system or network security are strictly prohibited, and may result in criminal and civil liability as well as termination of services from goldenbeaverhosting.com. goldenbeaverhosting.com investigates all incidents involving such violations and will cooperate with law enforcement if a violation of the criminal law is suspected.
You are responsible for any misuse of your account, even if a friend, family member, guest, agent, or employee committed the inappropriate activity while using your account. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach the security of another goldenbeaverhosting.com account or attempt to gain unauthorized access to another network or server.
Examples of system or network security violations include, without limitation, the following:
- 4.1. Introduction into the network or server of any malicious program (examples: viruses, worms, Trojan Horses, logic bombs, and other executables intended to inflict harm).
- 4.2. Introduction into the network or server of any self-extracting file or program containing any malicious program as specified in Section 4.1 of this AUP.
- 4.3. Introduction into the network or server of any data, parameter, configuration, template, or control files for software applications that contain destructive macros or other malicious code.
- 4.4. Introduction into the network or server of any encrypted or compressed file or archive such as .zip or .gz files that contains any malicious program as specified in paragraphs 4.1 through 4.3 of this AUP.
- 4.5. Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient, logging into a server or account that the Customer is not expressly authorized to access, or exceeding the access to a server or account that has been granted to the Customer. For purposes of this section, “disruption” includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing, and forged routing information.
- 4.6. Executing any form of network activity that will intercept data not intended for the Customer.
- 4.7. Circumventing user authentication or security of any host, network or account.
- 4.8. Interfering with or denying service to any user (examples: denial of service attack or distributed denial of service attack).
- 4.9. Using any program script/command, or sending messages of any kind such as a punter, designed to interfere with or to disable, a user’s terminal session, via any means, locally or via the Internet.
- 4.10. Attempting to use or gain unauthorized access to data, accounts, hosts, servers, systems or networks of this site, or to probe, scan or test the vulnerability of a system or network of this site, any goldenbeaverhosting.com Services or those of any other party.
- 4.11. Interfering with service to any user, host or network including, without limitation, mail-bombing, flooding, or attempting to overload the system.
- 4.12. Forging any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
- 4.13. Falsifying address information or otherwise modifying e-mail headers to conceal the sender’s or the recipient’s identity.
5. Internet Etiquette.
The Customer agrees to observe and abide by reasonable Internet etiquette (Netiquette). The Customer shall comply with the rules appropriate to any network to which goldenbeaverhosting.com may provide access. The Customer should not post, transmit, or permit Internet access to information the Customer desires to keep confidential. The Customer shall not post any material that is illegal, is libelous, is otherwise tortious, indecently depicts children, or is likely to result in retaliation against goldenbeaverhosting.com by offended users. goldenbeaverhosting.com reserves the right to refuse or terminate service at any time for violation of this section. This includes, but is not limited to, advertising services or sites via Internet Relay Chat (IRC) or USENET in clear violation of the policies of the IRC channel or USENET group.
6. Child Pornography.
goldenbeaverhosting.com will cooperate fully with any criminal investigation into a Customer’s violation of the Child Protection Act of 1984 concerning child pornography, or any other applicable international, federal, state, province, or local law that prohibits child pornography. Customers are ultimately responsible for the actions of their clients over goldenbeaverhosting.com network, and shall be liable for illegal material posted by their clients.
According to the Child Protection Act, child pornography includes photographs, films, video, or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.
7. goldenbeaverhosting.com No-Spam Policy (NSP).
- 7.1. Customer shall comply with all the terms and conditions of goldenbeaverhosting.com’s No-Spam Policy (NSP) as described in this Section 7. Violation of the NSP shall be deemed a violation of this AUP and of the Customer’s Agreement with goldenbeaverhosting.com.
- 7.2. At goldenbeaverhosting.com, we are committed to providing valuable hosting services to our valued customers.
- 7.3. An important part of goldenbeaverhosting.com’s mission is to be a respected and responsible member of the business and Internet communities. We take seriously our role in protecting our customers and the general public from nuisances such as “spam.” This section describes our NO-SPAM Policy. Please read it carefully, because it contains important information and because it is a material part of your Agreement with goldenbeaverhosting.com.
- 7.4. To report any spam you receive that identifies itself as coming from the goldenbeaverhosting.com servers or claims to be related to goldenbeaverhosting.com in any way, please send an e-mail message to us at email@example.com. In your message to us, please include a complete and accurate copy of the message that you consider to be spam, along with full message headers and routing information for e-mail, a message board provided by a Web site or an online service, Usenet, interactive chat message, or instant message service, as the case may be.
- 7.5. Definition of Spam.
Unsolicited commercial e-mail and electronic messages are colloquially referred to as “spam.” Other common names for spam include “spam e-mail,” “junk e-mail,” “bulk e-mail,” “direct e-mail,” and “mass e-mail.” Spam is the electronic equivalent of the direct mail you receive in your postal mailbox frequently.
In its most general terms, and as used in this NO-SPAM Policy (the “Policy”), spam is:
- a commercial e-mail message or other electronic message, including, but not limited to, messages that are:
- posted to an electronic mailing list (other than an “opt-in” e-mail list as described below),
- posted on an online bulletin board system or Web-based message board system or “guest book”,
- posted to a Usenet newsgroup,
- posted to the common area of an online community, group, or club,
- posted in a chat room,
- posted in a message board of a commercial online service (such as America Online),
- posted to a Weblog (“blog”),
- sent via an instant message system (such as ICQ, Yahoo! Pager, Yahoo! Instant Messenger, or AOL Instant Messenger),
- sent through e-mail or another Internet means of communication when the message’s ultimate destination is a facsimile (“fax”) machine, cellular or wireless telephone, or wireless device,
- a commercial e-mail message or other electronic message that is addressed to one or more recipients with whom you do not have an preexisting business or personal relationship,
- a commercial e-mail message or other electronic message that is sent to a mailing list of addresses that you purchased or that were otherwise distributed, or any list of e-mail addresses whose owners did not sign up for your specific mailing list, including without limitation lists commonly known as “affiliate lists,”
- a commercial e-mail message or other electronic message that is not sent at the request of, or with the express consent of, the recipient(s),
- a commercial e-mail message or other electronic message that is sent to a recipient who has opted out of receiving further commercial electronic messages from you, or
- a commercial e-mail message or other electronic message that contains forged headers, compromised mail server relays, or false contact information.
For purposes of this Policy, spam also includes any e-mail or other electronic message that is sent in violation of any applicable Federal, state, province, or local law regulating unsolicited commercial e-mail, unsolicited fax transmissions, or any other type of unsolicited commercial electronic message, regardless of whether that message fits the definition of “spam” provided above.
7.6. “Opt-in” E-mail Lists.
Please note: messages sent to “opt-in” e-mail lists are not spam, for purposes of this Policy, provided that those messages meet all of the following criteria:
- the messages are sent to an “opt-in” e-mail list in which ALL subscribers have VOLUNTARILY agreed to receive announcements and advertisements about products and services;
- the messages STRICTLY COMPLY with ALL the requirements and regulations of the “opt-in” e-mail list; and
- upon request of any subscriber to the “opt-in” e-mail list, you immediately stop sending that subscriber any e-mail regarding your products and services.
If you choose to use an “opt-in” e-mail list, please be aware that goldenbeaverhosting.com will consider ANY violation of the requirements or regulations of such any third party provider of software or services for such a list to be a violation of this NO SPAM Policy.
Furthermore, goldenbeaverhosting.com reserves the right to prohibit “opt-in” e-mail lists in the future if such a prohibition is reasonably necessary to keep its hosting service operating efficiently for all users.
7.7. Zero Tolerance for Spam.
goldenbeaverhosting.com will not tolerate any spamming by any of its Customers. This prohibition of spam extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of goldenbeaverhosting.com’s services whether or not the message actually originated from our network.
Violation of this NO-SPAM policy will result in goldenbeaverhosting.com taking one or more of the following actions:
- A warning via e-mail or telephone,
- Suspension of your site until furthur notice,
- Removal of DNS for the advertised/originating site, or
- Temporarily blocking outgoing mail from your site.
- Repeated violation of this NO-SPAM policy will result in immediate disconnection of service with no re-activation.
- goldenbeaverhosting.com reserves the right to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from being sent from or transmitted through the goldenbeaverhosting.com Network.
- PLEASE NOTE: The transmission of spam, including the transmission of counterfeit e-mail, may result in civil and criminal penalties against the sender, under various federal, state, province, and local laws and regulations, including the federal CAN-SPAM Act of 2003.
7.8 Indemnification of goldenbeaverhosting.com.
You agree to defend, hold harmless, and indemnify goldenbeaverhosting.com from any harm or damages whatsoever resulting directly or indirectly from your engaging in any spamming practices or from your violation of any of the terms of this NO SPAM Policy.
8. No Editing, Censoring, or Control of Communications; Reservation of Rights.
Your participation in online communication or use of any goldenbeaverhosting.com service is not edited, censored, or otherwise controlled by goldenbeaverhosting.com. However, goldenbeaverhosting.com reserves the right to monitor content on this site and on any goldenbeaverhosting.com servers, networks, or systems and to remove content, disable sites, or suspend or terminate services if goldenbeaverhosting.com, in its sole discretion, determines such content or user practices are harmful, offensive, or otherwise in violation of this Acceptable Use Policy.
9. Export Control Laws.
Exporting encryption software over the Internet from United States of America to countries other than the United States of America violates United States of America law, unless you have a license to do so from United States of America government. You are solely responsible for determining whether any of your software or other information contains encryption software and whether you require a license to export your software or information. You are also solely responsible for complying with all applicable laws governing the export of encryption products.
10. International Use.
goldenbeaverhosting.com makes no representation that materials available on this site or any or through any goldenbeaverhosting.com service are appropriate or available for use in locations outside Canada, and accessing them or using them from territories where their contents are illegal is prohibited. Customers and their users who access this site or any site hosted by goldenbeaverhosting.com from locations outside Canada are solely responsible for compliance with all applicable local laws and regulations. Moreover, to the extent allowed by law, Customers agree to defend, indemnify, and hold harmless goldenbeaverhosting.com, its parents, subsidiaries, partners, joint venturers, employees and agents, and all their respective heirs, successors, and assigns for any acts of Customer or Customer’s users that may violate any applicable law.
11. Intellectual Property Rights.
- 11.1. All goldenbeaverhosting.com Web site design, text, graphics and the selection and arrangement thereof are the copyrighted work of IO Zoom, LLC., © 2004. All rights reserved. If any page, information, or content is copied, it may only be copied for non-commercial uses that are explicitly allowed under the Customer’s Agreement with goldenbeaverhosting.com or by law, and goldenbeaverhosting.com shall, in any event, retain all copyright and other proprietary interests in said page, information, or content.
- 11.2. You acknowledge and agree that copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws protect all content and materials available on this site or through any goldenbeaverhosting.com service. Nothing on any goldenbeaverhosting.com Web site shall be interpreted or implied in such a way as conferring any license or right to any intellectual property rights or license to any intellectual property, content, technology, system, process, or related material belonging to goldenbeaverhosting.com by virtue of it being displayed or made accessible on any goldenbeaverhosting.com Web site. Except as expressly authorized, you agree not to use this site or any goldenbeaverhosting.com Services in any manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you may access, receive or make available through this site or any goldenbeaverhosting.com Services.
- 11.3. If you use a domain name or content in connection with the goldenbeaverhosting.com Web hosting, or any other Web hosting service, you agree not to use that domain name or content in any way which violates any trademark, service mark, or similar rights of any third party. Specifically, and without limitation, you agree that you will not engage in, attempt to engage in, or conspire with others or solicit others to engage in any cybersquatting or domain name hijacking,
- 11.4. goldenbeaverhosting.com’s data center infrastructure including all hardware, software, and telecommunications facilities located in its data center may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of any Canada or Province regulation or law or the common law, or any applicable foreign or international law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, patent, trade secret, or other intellectual property rights.
- 11.5. Creating, utilizing, or distributing unauthorized copies of software or other information content is a violation of international, federal, and Province law. If you copy, distribute, or install software or other information content in ways that the license to use that content does not allow, you are violating federal copyright law and international copyright law. goldenbeaverhosting.com will cooperate with all law enforcement agencies in relation to alleged copyright infringement based on content housed in our data centers.
- 11.6. Please see Copyright Infringement Reporting on the goldenbeaverhosting.com Web site for procedures on disclosing alleged copyright infringement.
12. Customer’s Grant of Limited License to goldenbeaverhosting.com; Warranties on Content.
By posting or submitting content to any goldenbeaverhosting.com Web site or server, you:
- 12.1. Grant goldenbeaverhosting.com a limited license to transmit, copy, store, back up, and retrieve the content, solely for the purpose of providing you with the services you are purchasing under your Agreement with goldenbeaverhosting.com;
- 12.3. Warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by goldenbeaverhosting.com does not and will not infringe or violate the rights of any third party; and
- 12.4. Agree to defend, hold harmless, and indemnify goldenbeaverhosting.com for any claims of any third party resulting from the public posting or use of your content.
13. IP Allocation.
goldenbeaverhosting.com administers an Internet network on which multiple Customer servers reside. Customers shall NOT use Internet protocol (IP) addresses that were not assigned to them by goldenbeaverhosting.com staff or network administrators.
14. Suspension and Cancellation.
15. Notices Regarding Violations of AUP and Intellectual Property Rights.
- 15.1. The goldenbeaverhosting.com Agreement and all its components prohibit acts of copyright and trademark infringement and other unlawful behavior by goldenbeaverhosting.com Customers. goldenbeaverhosting.com takes Customer violations seriously and will investigate complaints and, where appropriate, may remove content, disable sites, suspend or terminate services, or take other action as necessary.
- 15.2. General Complaints: Please send reports of any activity in violation of this Acceptable Use Policy to firstname.lastname@example.org. If possible, please provide the IP address used to commit the violation, the date and time of the violation, and evidence of the violation. goldenbeaverhosting.com will reasonably investigate incidents involving such alleged violations. goldenbeaverhosting.com may involve and will cooperate with law enforcement officials if any criminal activity is suspected. Violations may result in criminal and civil liability.
- 15.3. Copyright/Trademark Infringement Complaints: If you believe that your copyright or trademark has been used by a goldenbeaverhosting.com subscriber without permission, such that the use may constitute infringement of your intellectual property rights, please see the instructions on how to send your claim at
16. Unlimited usage policy (shared hosting and voice servers)
goldenbeaverhosting.com Clients have an access to unlimited disk space and bandwidth. Essentially then, you can use whatever disk space and bandwidth is necessary for your hosting needs. There is no limit on the amount of resources a single client may use with respect to their hosting. Subject to these terms, goldenbeaverhosting.com makes every reasonable commercial effort to provide its clients with the storage and bandwidth resources required to power their websites or voice servers, as long as the client’s use of goldenbeaverhosting.com’s services abides with our Terms of Service. Our goal is provide the resources you require for a typical website or voice server that may experience periods of growth, which may result in increasing demands for resources (such as disk space storage or data transfer) without being subject to additional hosting charges.
What is acceptable and appropriate usage?
goldenbeaverhosting.com hosting is continually investing in technology and support features. Our hosting solution has specifically been designed to serve the hosting needs throughout the world. Since you will be hosting with hundreds of others on our servers in a virtual community, our offerings are really not intended to support large requirements. For that, we recommend purchasing at least a virtual private server.
goldenbeaverhosting.com hosting is a hosting service, which ultimately means a number of clients’ websites or voice servers are hosted within the same server environment. To ensure that our hosting is first-class, reliable, and available to all clients within that server community, an individual customer’s usage cannot adversely affect the performance of other clients’ hosting. We monitor our servers 24/7/365 and in no way can one customer adversely affect the performance of that server. If this happens, we will take preventative measures to ensure that the entire community is protected.
Lastly, our hosting service is intended to host websites or voice servers, not backup or storage facility for user’s data. Using your hosting account primarily as an online storage space for archiving electronic files and images is strictly prohibited.
What is unlimited?
Unlimited disk space: Create a website as large as you like, hundreds or thousands of web pages; you will not be penalized for exceeding any upper or ceiling limit. However, please realize that there are many other users on your server and growing a website very large too fast will impede the performance of that server, as using too many server resources will negatively impact other clients on that server. We will place some constraints on how fast you can grow that website and monitor the server resources closely. The vast majority of our clients’ sites grow at rates well within our rules, however, and will not be impacted.
Unlimited bandwidth and data transfer: goldenbeaverhosting.com does not set limits on the amount of visitor traffic a website can receive or on the amount of content a customer can upload to their website in any given month. goldenbeaverhosting.com’s bandwidth and data transfer charges are all inclusive; there are no additional fees based on increased use of bandwidth, so long as the customer abides by the Terms of Service. This rule only comes into play when you use excess server processing power that negatively impacts the performance of the server and provides a bad customer experience in that server community. Minimizing the impact on an individual server’s processing power is key to the overall performance on that server. In the vast majority of cases, if you use the shared hosting service appropriately, visitors to your website will be able to view, download, and add as much content from your site as they wish. However, in certain circumstances, our server processing power, server memory, or anti-abuse controls could limit downloads or access from your site. Violators to the above rule will not be tolerated. You can upload all the content that you require each month subject to the rules as outlined above.
Unlimited hosting space but excessive MySQL files: On most goldenbeaverhosting.com shared hosting plans, we do not set limits on the amount of disk space or data transfer allowed for an individual customer account, nor do we charge additional fees based on an increased amount of usage, so long as the customer is compliant with our Terms of Service. However, goldenbeaverhosting.com’s services are designed to host websites and as such, we DO NOT provide unlimited space for online storage, backups, or the archiving of electronic files, documents, log files, etc., and such activity shall result in the termination of the customer’s account(s) without notice. Furthermore, accounts with an extraordinarily large number of files can have an adverse effect on server performance. This includes, but is not limited to, accounts with an excessive number of MySQL tables, or of a database size that may negatively impact the performance of our servers. goldenbeaverhosting.com may request that the number of files/nodes, database tables or total database usage be reduced to ensure proper performance for all clients on that server, or we may terminate the clients account, with or without notice.
All monetary amounts to which this Agreement refers shall be in United States dollars.
goldenbeaverhosting.com may revise this Acceptable Use Policy without prior notice. Such changes will be posted at www.goldenbeaverhosting.com/terms-of-service/. You are responsible for reviewing the online Acceptable Use Policy to stay updated of any changes.
Service Level Agreement (SLA)
Last Updated 12/21/17
By submitting the online order form below, or by using goldenbeaverhosting.com’s service, Customer hereby agrees to the following Service Level Agreement (SLA). Customer agrees that it shall comply with this SLA.
Unless otherwise specified in this SLA, the usage of “us”, “we”, “our”, and “ours” shall refer to goldenbeaverhosting.com, a Quebec inc., and all its parents, subsidiaries, successors, and assigns. The usage of “Customer,” “you”, “your”, “they”, and “them” shall refer to the Customer of goldenbeaverhosting.com.
Moreover, in this SLA, “goldenbeaverhosting.com” shall refer to goldenbeaverhosting.com, a Quebec inc., and all its parents, subsidiaries, successors, and assigns.
1.1. “Network Uptime” is the total time in a calendar month that the goldenbeaverhosting.com network is available through the Internet, provided that Customer has established connectivity. goldenbeaverhosting.com takes responsibility for network availability within its network and for network outages from its bandwidth and connectivity provider, except when such network outages are excluded by Section 3.6 of this SLA; however, goldenbeaverhosting.com shall not be liable for any upstream problems outside of its network. goldenbeaverhosting.com’s guarantee is that its network will be available to Customer free of Network Outages 100% of each calendar month.
1.2. “Network Outages” or “Unscheduled Downtime” is any unplanned or unscheduled interruption in service availability during which Customer is unable to access the services as described in the section titled “Network Uptime” above.
1.3. A “Network Outage” is defined as a period in which 100% packet loss to goldenbeaverhosting.com’s network is experienced, which is determined to have been caused by a problem in goldenbeaverhosting.com’s Network as confirmed by goldenbeaverhosting.com. Downtime and outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.
1.4. “Scheduled Downtime” is any goldenbeaverhosting.com scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible.
2. “SLA Network Violation Credit” occurs when goldenbeaverhosting.com’s network uptime guarantee is not met. As stated in paragraph 1.1 above, goldenbeaverhosting.com guarantees 100% uptime for all hosting plans.
Network downtime is measured from the time the network is 100% unreachable, until service is once again restored. In order to request a credit, you must e-mail us at: email@example.com within seven (7) days after the last day of the calendar month in which the downtime occurred. (For example, if the downtime occurs during the month of December, goldenbeaverhosting.com must receive your e-mail between January 1 and January 7. E-mail notifications that are not sent within the first seven (7) days of the month immediately following the downtime will not be eligible for credits.
The amount of the credits are determined by the following table, based on the amount of Network Uptime the goldenbeaverhosting.com network has provided for the month in which a credit is requested. Addon’s are excluded from receiving credit.
Network Uptime for the Month
Percentage of Monthly Credit Upon Proper Request
99.7 – 99.8%
99.5 – 99.6%
99.3 – 99.4%
99.0 – 99.2%
98.9% and below
goldenbeaverhosting.com will review claims of SLA violations during normal business hours of the first through seventh day of the month, and will apply any applicable credit to Customer’s account within two billing cycles after goldenbeaverhosting.com receives Customer’s credit request.
3. Performance Credit Exclusions.
Notwithstanding any contrary provision in this SLA, goldenbeaverhosting.com shall not be liable to reimburse in any form for failure to meet any of the guaranteed service level where such failure arises from any one or more of the following:
3.1. Scheduled downtime, maintenance, or upgrades, including without limitations the following:
Maintenance by local public telecommunications and telegraph service providers on access circuits between goldenbeaverhosting.com and the clients’ Web sites;
Software maintenance made globally on goldenbeaverhosting.com’s network.
3.2. Emergency maintenance or upgrades, where such maintenance or upgrades are required by the occurrence of any events outside of goldenbeaverhosting.com’s control;
3.3. Failure of access circuits to the goldenbeaverhosting.com Network, unless such failure is caused solely by goldenbeaverhosting.com;
3.4. Erroneous SLA outages reported as a result of outages or errors of any goldenbeaverhosting.com measurement system;
3.5. Problems outside of goldenbeaverhosting.com’s network (upstream providers, or client’s inbound connection) not effecting 100% packet loss to our network, and interruptions or failures of individual service caused by Customer, Customer’s agents or employees, Customer’s clients, or other third parties, to Customer’s service. These interruptions and failures include, but are not limited to, the following:
• inaccurate configuration,
• third-party software,
• Customer’s abuse or over-utilization of resources,
• acts or omissions of any person for whom goldenbeaverhosting.com is not responsible, or
• any causes whether similar or otherwise outside goldenbeaverhosting.com’s control;
3.6. Circumstances beyond goldenbeaverhosting.com’s reasonable control and force major events including but not limited to the following:
catastrophic incidents, vandalism, lightning, power failure, fire, flood, earthquake, acts of nature, emergency, acts of any governmental body, war, insurrection, sabotage, armed conflict, terrorism, embargo, riots, curfew, strike or other labor disturbance, industrial disputes, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third-party services, virus attacks, worms, Trojans, spyware, adware or other malware, failure of third-party software (including, without limitation, e-commerce software, payment gateways, chat, statistics, or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
3.7. Services or communications protocols other than hypertext transfer protocol (HTTP).
3.8. DNS (Domain Name System) issues outside the direct control of goldenbeaverhosting.com;
3.9. DNS propagation;
3.10. Customer’s acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding, e.g. CGI, PERL, HTML, PHP, etc., any negligence, willful misconduct, or use of goldenbeaverhosting.com’s service in breach of goldenbeaverhosting.com’s Terms of Service, Acceptable Use Policy, or No-Spam Policy;
3.11. Faults caused by the client’s equipment, applications, interconnected equipment, networks, systems or gateways and / or the acts or omissions of the Customer, third-party components whether within or outside goldenbeaverhosting.com’s network or the acts or omissions of local exchange carriers or failure of third party services;
3.12. Outages elsewhere on the Internet that hinder access to your account or services. goldenbeaverhosting.com is not responsible for browser or DNS caching that may make your Web site appear inaccessible when others can still access it. goldenbeaverhosting.com will guarantee only those areas considered under the control of goldenbeaverhosting.com; or
3.13. Disconnection and / or reconnection of the services due to non-payment of any charges payable to goldenbeaverhosting.com or where the services are disconnected by reason of it being used for any illegal, unlawful, or other objectionable purpose described in the TOS, AUP, or No-Spam Policy.
3.14 Customer moving from the server where downtime occurred to another goldenbeaverhosting.com server in the same calendar month.
4. Nature of Credits; Sole Remedy.
4.1. Notwithstanding anything to the contrary in this SLA, the total amount credited to the Customer in a particular month under this SLA shall not exceed the total hosting fee paid by the Customer for such month for the affected service.
4.2. Credits are exclusive of any applicable taxes charged to the Customer or collected by goldenbeaverhosting.com and are the Customer’s sole and exclusive remedy with respect to any failure or deficiency in service or in the availability of the Customer’s Web sites.
5. General Terms.
5.1. You and goldenbeaverhosting.com agree that only measurements carried out by goldenbeaverhosting.com’s personnel shall be used for the calculation of unavailable time and goldenbeaverhosting.com’s records shall be conclusive evidence of that unavailable time. The client’s sole remedy in relation to a breach of this SLA shall be limited to the service credits provided accordingly in this SLA.
5.2. This SLA shall not apply during any trial or free period of the services, and this SLA does not come into effect until after the end of the first month of the applicable services has been provided. The SLA shall apply during the normal initial period during which the Customer is available for goldenbeaverhosting.com’s 30-day money-back guarantee, as provided in the TOS, as amended from time to time; provided, however, that Customer’s right to a 30-day money-back guarantee shall expire, according to its terms, if the Customer continues service beyond the first thirty (30) days.
5.3. This SLA does not relieve the Customer from the obligation to pay the Customer’s balance in full when it is due. SLA credits are always applied within two billing cycles after the month in which the downtime eligible for SLA credit occurs.
5.4. This SLA is subject to goldenbeaverhosting.com’s Terms of Service (TOS), as it may be modified from time to time. In the event of any conflict between any term or condition of this SLA and the TOS, the TOS shall govern and the conflicting portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties to this SLA, and the remainder of the SLA’s provisions shall remain in full force and effect.
NOTHING IN THESE INSTRUCTIONS OR ON THIS SITE CONSTITUTES EITHER CONSENT OR AN AGREEMENT BY goldenbeaverhosting.com., ITS REPRESENTATIVES, ATTORNEYS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS TO ACT ON YOUR BEHALF. THESE ARE COMPLEX LEGAL ISSUES,
AND goldenbeaverhosting.com, RECOMMENDS THAT YOUR RETAIN YOUR OWN LEGAL COUNSEL TO DEAL WITH THESE MATTERS. goldenbeaverhosting.com respects the intellectual property of others, and we ask our customers to do the same. If you believe that your copyrighted work has been copied
and is accessible on any site for which goldenbeaverhosting.com provides hosting services, in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:
- The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf.
- A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
- Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the Web site where it is posted or the name of the book in which it has been published.
- A copy of the copyright registration, or other suitable proof of ownership, for the material you believe is being infringed.
- A description of the manner in which your copyright is being infringed.
- Identification of the URL or other specific location on the site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material. goldenbeaverhosting.com will not search for the allegedly infringing
copy; you must identify it specifically.
- Your full legal name, complete postal mailing address, area code and telephone number, and e-mail address.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that all of the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Our agent for notice of claims of copyright infringement can be reached as follows: