Terms of Service

Important Legal Agreements

Important Legal Agreements

Last Update: 11/5/2020

Customers hold complete freedom to use their VPS. Although your freedom is respected, GOLDENRDP still reserves the right to suspend or terminate a VPS from our servers for any of the following reasons:

We do not allow any illegal activity including, but not limited to, spamming, cracking, hacking, bruting, illegal software, illegal game servers, and illegal bulk email services. We do not allow any conduct that violates regulations or normally accepted practices within the Internet community, whether or not expressly mentioned in this policy. We reserve the right at any time to refuse or cancel service without warning or refund should any of these terms be violated. Use of our services is at the customer's sole risk; we make no warranties. We reserve the right at any time to disallow activities that might in any way damage GOLDENRDP's reputation, network, and/or servers, whether caused intentionally or unintentionally.

The Service

GOLDENRDP's services include but are not limited to the following: Virtual Private Server and Dedicated Server. GOLDENRDP will not charge additional fees for the aforementioned services unless the customer chooses to use optional services that are subject to a fee. Customer is, however, entirely responsible for presenting available payment upon due date for any of GOLDENRDP's paid services; if account(s) have an outstanding balance, GOLDENRDP reserves the right to suspend all services associated with the member and/or member credit card number until the amount is paid in full.

Customer Information

To be able to use the Service, customers must complete a proper registration process. Customer agrees to:

  • Provide current, complete, and accurate personal information (referred to as the Registration Data) as requested by the Service;
  • Maintain and update this information to keep it current, complete, and accurate.

GOLDENRDP does not sell or disclose any Registration Data to a third party unless:

  • Customer voluntarily discloses such information to another party;
  • Customer expressly directs GOLDENRDP to release such information;
  • GOLDENRDP is required to disclose such information by any applicable law or legal process served on GOLDENRDP.

Limitations

The Service is subject to the following limitations:

Customer agrees not to engage in any activity that could overwhelm the server with heavy CPU usage or that requires a disproportionate or unreasonable amount of the resources of the GOLDENRDP servers. Customer shall not include content or Internet links to content on the site that may contain, promote, or involve the following:

The Customer agrees not to initiate or be involved with any of the following on any of GOLDENRDP's Shared, Reseller, VPS, or Dedicated Servers:

  • Any infringement of copyright, trademark, patent, trade secret, or other intellectual property right;
  • Illegal software/Warez file hosting;
  • Content that exploits children less than 18 years of age;
  • Hate and/or terrorist propaganda;
  • Racist, threatening, or otherwise abusive content;
  • Content promoted through the sending of unsolicited e-mail (also known as spamming);
  • Sending of unsolicited e-mail (SPAM) from GOLDENRDP's servers, or any other server that refers to content on the GOLDENRDP server, or sending such e-mail with a GOLDENRDP hosted website listed as the contact address;
  • Mail fraud, multi-level marketing (pyramid) schemes, or other fraudulent activities;
  • The promotion or incitement of, or instruction for, the commission of illegal activities;
  • Information or other material that contains a virus, corrupted data, or other harmful or damaging component;
  • Illegal Internet gaming sites/file sharing servers;
  • Illegal bulk email services.

Customers will be aware that the following is prohibited for dedicated servers. Examples of unacceptable content include, but are not limited to:

  • Copyrighted media, without authority to distribute or display;
  • Unlicensed applications;
  • Cracking programs or key generators;
  • Child pornography or kidnapping material;
  • Fraudulent activity, phishing, pyramid schemes, chain letters, forgery, or impersonation;
  • Terrorist propaganda, racist material, or bomb/weapon instructions;
  • Virus/Virii, Spyware, Malware, or other infectious material;
  • Material protected by trade secret or other statute.

Additionally, GOLDENRDP prohibits:

  • IRC and associated programs (including psybnc, "bots," etc.);
  • Scripts commonly used for abuse, attacks, or flooding;
  • Threatening, harassing, or obscene content;
  • Any proxies which do not require authentication (including open mail proxies, unprotected anonymous web surfing proxies, etc.).

Legal adult content is permitted on all GOLDENRDP product lines. The viewing/downloading or possession of such information/data by GOLDENRDP clientele is not governed by GOLDENRDP policy, and is at your own discretion/free will, and may be governed by your state/federal government. Links to unacceptable content, as defined above, are also prohibited.

Online Activity

Any attempts to undermine or cause harm to the GOLDENRDP equipment, network, operations, or clientele is STRICTLY prohibited. GOLDENRDP will pursue legal action to the fullest extent for all abuse/violation of such. Any activity deemed damaging or abusive, whether unlawful or considered to be detrimental to the operations of GOLDENRDP, is prohibited. This includes, but is not limited to:

  • Denial of Service Attacks (DOS/DDOS);
  • Unnecessary Port Scans;
  • Mail Bombing;
  • Unsolicited Advertising via IM, Forums, Newsgroups, Email, etc.

Bulk Email: We understand that bulk email is an important mechanism for keeping people informed. However, spamming (unsolicited advertising), from the GOLDENRDP network, or spamvertising (unsolicited advertising of) sites hosted on the GOLDENRDP network is STRICTLY prohibited.

Legitimate bulk email meets the following criteria:

  1. The recipient has confirmed his willingness to be added to the distribution list of the mailing, by responding to a verification email, or otherwise, verifiably confirming permission. (Evidence of such must be retained and available by request.)
  2. Messages include: Valid headers, removal instructions, and information on the method by which the subscribed address was obtained.

All bulk email senders must post privacy policies, in association with the sending domains. Co-registration is not prohibited, but explanations of the sharing of information must be both publicly available and included in the confirmation mechanism for list subscription. If GOLDENRDP approaches a client for evidence of confirmation, this request must be honored within 48 hours. Failure to meet the acceptable criteria for bulk mail may lead to immediate termination.

Additionally, if such actions have caused mail servers or IP address ranges on the GOLDENRDP network to be blacklisted, GOLDENRDP reserves the right to assess a $100 charge to the customer account. This fee is set to cover administrative costs associated with removal from such lists. Please make an effort to limit outgoing mail on your account to no more than 2000 pieces per hour. Large mailings are preferred to be sent from the hours of 12 AM - 8 AM EST.

Policy Violations

GOLDENRDP may, at any time, audit systems for any data/activity showing potential policy violations.

Warnings:

The GOLDENRDP Abuse makes an attempt to contact the client, via email, when the first sign of a possible violation is noted. These alerts are a courtesy. Responses to such alerts are required. If an alert is received from GOLDENRDP, it is the customer’s responsibility to resolve the matter immediately. If corrective measures are not taken, GOLDENRDP may take steps towards account suspension or termination. All accounts that incur repeated violations are subject to immediate termination, as stated in this agreement.If a service is suspended due to outstanding abuse issues, the client will be required to pay a reactivation fee of $50.00 when applicable, to cover any administrative costs associated with the offense/violation, as determined by GOLDENRDP as well as remedy the violation.

Suspension/Deactivation:

If any terms or conditions are failed to be followed, the client risks service suspension or termination. GOLDENRDP reserves the right to remove any account without prior notice. If GOLDENRDP deactivates an account for violating policy, the client will forfeit any rights to a refund. No refunds for advance payments will be granted for deactivated accounts.

Reactivation:

If a service is suspended, the client will be required to pay a reactivation fee of $50.00, and when applicable, to cover any administrative costs associated with the offense/violation, as determined by GOLDENRDP, as well as remedy the violation.

Customer Account Security:

A password and an account are provided to Members upon completion of registration. The customer is entirely responsible for:

  • Maintaining confidentiality of the password and account;
  • All consequences of voluntary disclosure of password and account information;
  • Any and all activities that occur under the customer's account.

The customer agrees to notify GOLDENRDP immediately of any unauthorized use of their account or any other breach of security known to them, and GOLDENRDP will take action accordingly.

Billing & Cancellation:

To cancel your service, you must log in to your client area and cancel your hosting under Products and Services or Hosting Accounts where applicable. That request is considered final; however, a reversal can be requested by emailing GOLDENRDP. Reversal is not guaranteed.

We reserve the right to cancel any account at any time. Accounts in violation of the TOS will be suspended, and all data removed without warning. We take the security of our customers very seriously. Customers may cancel at any time.

We provide an unconditional 48 hours money-back guarantee on VPS hosting from the time of purchase. We will not refund past the 48 hours period; however, you can cancel at any time.

All refunds will be processed within 5 days of the request. Once it is refunded, the account will be terminated. Dedicated servers are not eligible for a refund. Cancellation must be submitted via the secure client area.

We do not give refunds to orders where a discount code or voucher has been applied. Refunds cannot be made for servers (VPS, VDS, Cloud) that are sold as a campaign or discounted. All refunds are subject to a 10% administration fee.

There is a 48-hour grace period for payments. If we do not receive payment or any notice excusing you of payment within 24 hours of the invoice being due, we will suspend the account. There is a $5 reactivation fee for VPS and Dedicated Servers. After 3 days overdue, the account will be terminated.

Dedicated/VPS Resource Policy:

Bandwidth:

Overage fees will apply to any service utilizing more than its assigned bandwidth allocation, except for those services advertised/sold as "UNMETERED." Overages will be calculated based on the overall amount of GigaBytes (GB) transferred in a monthly period, unless a service is sold based on Megabits per Second (MBPS). Services sold by MBPS will be calculated via the industry-standard 95% method, unless specified in the contract otherwise. MRTG or other bandwidth reporting is available upon request for all services. The client is responsible for all usage and any corresponding overage fees that result from a service that may be hacked and/or flooding. GOLDENRDP may require a deposit should a client utilize/require large amounts of bandwidth beyond their standard bandwidth allocation.

Port Usage:

Basic Dedicated & Co-Located servers are installed on 100MBPS unthrottled ports, unless the service is sold as a specified port size (e.g., 100MBPS UNMETERED) or specified/requested as a capped port. GOLDENRDP reserves the right to monitor network usage, and if a service significantly exceeds average usage, to throttle the available speed to conserve network resources and prevent any large billing anomalies. This will generally not include short spikes in usage, but will include sustained transfers of significantly larger than average amounts of bandwidth. If at any time any client's data transfer rate affects other GOLDENRDP clientele, GOLDENRDP reserves the right to throttle and/or disconnect the service causing such a problem.

Filtering:

GOLDENRDP reserves the right to block/filter or throttle ports and/or IP address ranges at its discretion. This may include, for example, blocking Port 6667 (IRC), denying access from a known-spamming IP address range, or limiting the speed of point-to-point file-sharing programs (e.g., Kazaa, Limewire, Donkey, etc.). This may also include giving priority to certain traffic types, such as Voice-over-IP (VOIP) phone call transmissions.

Unmetered:

Services advertised/sold as "UNMETERED" will not be subject to bandwidth overage fees. Bandwidth is supplied from a shared pool and is not supplied as guaranteed/dedicated bandwidth. Burstable usage of the UNMETERED service/port is permitted; however, a service that has heavy sustained usage may have their port capped or be asked to upgrade to a dedicated service plan. UNMETERED service is supplied on a "best-effort" basis, which may result in some slowdowns during peak traffic times.

Backups and Data Loss

Your use of this service is at your sole risk. This service is provided to you as a courtesy. GOLDENRDP is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on GOLDENRDP servers.

Amendments

Customer agrees to be bound by any amendments or modifications to this agreement that are set out, from time to time, by GOLDENRDP anywhere on this site.

Modifications

GOLDENRDP reserves all rights to modify or discontinue the service with or without notice to the customer. GOLDENRDP shall not be liable to the customer or any third party should GOLDENRDP exercise its right to modify or discontinue the service.

No Representations or Warranties

The service offered by GOLDENRDP is on an "as is" basis, with no representations or warranties of any kind, expressed or implied. For greater certainty and without limitation to the generality of the following:

  • GOLDENRDP makes no representations, warranties, or guarantees of any kind, whether written or verbal, regarding the reliability of the site provided or any other services offered.
  • GOLDENRDP is not responsible for deleted, altered, or lost data due to network or system outages, file corruption, accidental deletion, or any other reasons.
  • GOLDENRDP makes no representations, warranties, or guarantees with regards to server reliability, speed, or consistency.
  • GOLDENRDP makes no representations, warranties, or guarantees as to the accuracy or correctness of any content on any of the sites and is not responsible for any errors or omissions arising from the use of such information.
  • GOLDENRDP may also include, on its web resources or in newsletters, information provided by third-party partners and providers. GOLDENRDP does not guarantee or warrant the reliability of this information nor does GOLDENRDP recommend any of these services.

Limitations of Liability

YOU AGREE THAT NEITHER THE PRIMARY SERVICE PROVIDER NOR BACKEND SERVICE PROVIDER WILL BE LIABLE FOR ANY (A) SUSPENSION OR LOSS OF THE SERVICES, EXCEPT TO THE LIMITED EXTENT THAT A REMEDY IS PROVIDED UNDER THIS AGREEMENT; (B) INTERRUPTION OF BUSINESS; (C) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEB SITE(S) PROVIDED THROUGH OR BY THE SERVICES; (D) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD; (E) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (F) EVENTS BEYOND THE CONTROL OF THE PRIMARY SERVICE PROVIDER OR BACKEND SERVICE PROVIDER; (G) THE PROCESSING OF YOUR APPLICATION FOR THE SERVICES; OR (H) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD.

YOU FURTHER AGREE THAT NEITHER THE PRIMARY SERVICE PROVIDER NOR BACKEND SERVICE PROVIDER WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER OR NOT EITHER THE PRIMARY SERVICE PROVIDER OR BACKEND SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF EITHER THE PRIMARY SERVICE PROVIDER OR THE BACKEND SERVICE PROVIDER EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES FOR A ONE-MONTH PERIOD, BUT IN NO EVENT GREATER THAN ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, THE LIABILITY OF THE PRIMARY SERVICE PROVIDER AND/OR BACKEND SERVICE PROVIDER SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnity

YOU AGREE TO RELEASE, INDEMNIFY, AND HOLD THE PRIMARY SERVICE PROVIDER AND BACKEND SERVICE PROVIDER, THEIR CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS AND AFFILIATES HARMLESS FROM ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING ATTORNEY'S FEES AND COURT COSTS, FOR THIRD PARTY CLAIMS RELATING TO YOUR USE OF THE SERVICES OR ARISING UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, INFRINGEMENT BY YOU OR SOMEONE ELSE USING YOUR COMPUTER, OF ANY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHT OF ANY PERSON OR ENTITY, OR FROM THE VIOLATION OF ANY TERM OR CONDITION OF THIS AGREEMENT.

WHEN EITHER THE PRIMARY SERVICE PROVIDER AND/OR BACKEND SERVICE PROVIDER MAY BE INVOLVED IN A SUIT INVOLVING A THIRD PARTY AND WHICH IS RELATED TO THE SERVICES UNDER THIS AGREEMENT, EITHER THE PRIMARY SERVICE PROVIDER AND/OR BACKEND SERVICE PROVIDER MAY SEEK WRITTEN ASSURANCES FROM YOU IN WHICH YOU PROMISE TO INDEMNIFY AND HOLD SUCH PARTIES HARMLESS FROM THE COSTS AND LIABILITIES DESCRIBED IN THIS PARAGRAPH. SUCH WRITTEN ASSURANCES MAY INCLUDE THE POSTING OF PERFORMANCE BONDS OR OTHER GUARANTEES. YOUR FAILURE TO PROVIDE SUCH ASSURANCES MAY BE CONSIDERED A BREACH OF THIS AGREEMENT BY YOU.

Termination

Customer agrees that GOLDENRDP may terminate this agreement, discontinue the service, and delete the site at any time with or without notice to the customer in any of the following circumstances:

  • Customer violates any term of this agreement, any municipal, provincial or federal laws, or any policy set out, from time to time, by GOLDENRDP anywhere on this site.
  • Customer engages in conduct or posts material on the site that GOLDENRDP believes is harmful to other customers, the business of GOLDENRDP, or any third party.
  • Customer engages in any activity that could overwhelm the server with heavy CPU usage or that requires a disproportionate amount of the resources of the GOLDENRDP servers.
  • Customer disputes the terms of this agreement or any amendment set out by GOLDENRDP.
  • GOLDENRDP receives complaints regarding the customer or the site from other customers or third parties.
  • Customer provides personal information that is not current, accurate, and complete.

Should we cancel your account for a reason not stated above, a refund will be issued at our discretion.

Abusive Client

GOLDENRDP may, at its discretion, suspend or terminate the service of any client that is abusive/harassing to GOLDENRDP and/or GOLDENRDP employees. Examples of such activity include, but are not limited to:

  • Verbal abuse - cursing, yelling, threatening, etc.
  • Ongoing disregard for warnings or notices.
  • Consistent mistakes/errors/changes causing unnecessary workload.
  • Spamming GOLDENRDP email addresses, ticket systems, or servers.
  • Continuous involvement in flood/DDOS activity, hacked services, or other ongoing non-permitted usage.
  • Consistent late payments or responses.
  • Issuing a chargeback/dispute or bouncing a payment.
  • Continuous activation of problematic end-users.
  • Activity which affects the service(s) of other GOLDENRDP clients.

Price Changes

GOLDENRDP reserves the right to change/modify the recurring price for services at any time under circumstances such as making improvements to GOLDENRDP that will benefit GOLDENRDP and clientele.

Changes to the TOS

We reserve the right to revise its policies at any time without notice, although we will attempt to inform our customers should changes occur.

By agreeing with the TOS, you agree to have read, understood, and agreed with the other legal documents listed on our website.