Terms of Service
Last update: September 7th, 2024
These terms and conditions ("Terms", "Agreement") are an agreement between GoldenVM LLC ("GoldenVM", "Golden", "Golden Hosting", "company", "us", "we" or "our") and you ("user", "client", "customer", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the goldenvm.com website, other sites we own and operate, and any of its products or services (collectively, "Website", "Products", or "Services").
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Accuracy of Information
Occasionally there may be information on the website that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the website should be taken to indicate that all information on the website or on any related Service has been modified or updated.
Accounts and Membership
If you create an account on the website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our services. To order any of our services, the account holder needs to be the age of eighteen (18) or older. If under eighteen (18), but thirteen (13) years of age or older, you may order any of our services as long as you have direct permission from a parent or legal guardian. You agree not to bypass any security features that we have installed to uphold this Agreement. GoldenVM does not assume any responsibility or liability for any misrepresentations regarding a user's age. GoldenVM assumes all account holders are above the required period or have parental/guardian permission, and the liability will fall upon the consent, necessary holders.
GoldenVM reserves the right to refuse service to anyone. You must only use our services for lawful purposes and intent, as according to the United States federal and California state law. We do not permit any such use of our services for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is illegal in the United States of America, it is not permitted to reside on our products and services. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but is not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal thread, or violates export control laws. GoldenVM reserves the right to identify any non-acceptable content or links. If you are found to be using our services for illegal activities and/or content, your account will be suspended and/or terminated. By participating in anything owned by GoldenVM, we may disclose any information assigned to your identity with law enforcement.
Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our services. We may block your email address and Internet protocol address to prevent further registration.
Billing and Payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Invoices with no verified payment for services after twenty-four (24) hours of the due date will be suspended. Invoices with no verified payment for services after three (3) days of the due date will be terminated. If auto-renewal is enabled for the services you have subscribed for, you will be charged automatically in accordance with the term you selected. You are responsible for all fees owed on the account from the time it was established to the time you notify GoldenVM to request for termination of all services. An account termination does not forgive debts owed to GoldenVM and the client is expected to pay these debts as well as any court or collection fees that may be applicable.
GoldenVM may offer promotional rates or exclusive offers, which may have terms that are more favorable than the terms of service. Users are not permitted to replace a service to gain a promotional discount or offer. Some promotional rates or exclusive offers may not be combined together. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail, Discord account, billing address, and/or phone number provided at the time the order was made. We may also contact you regarding account invoices, payments, and other important information via the phone number on the account.
If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with either:
- a copy of your valid government-issued photo identification,
- and possibly a copy of a recent bank statement for the credit or debit card used for the purchase
Chargebacks or disputes will result in an instant server suspension and revoke any right to refund. Refund request must be made via a support ticket on our client area. All other requests will be disregarded.
Refunds
GoldenVM offers a twenty-four (24) hour guarantee refund policy. Services are eligible for refund if within the twenty-four (24) hour time period of placing the order and payment is received. If outside twenty-four (24) hour time period, a refund will not be administered. Services that are not possible for refund requests are domains, dedicated servers, colocation, and add-ons, unless an extraordinary circumstance that is subject to GoldenVM's approval. GoldenVM will ask the reasoning for the cancellation for feedback purposes to improve our services that we offer. In the event of a Terms of Service or Acceptable Usage Policy violation, all refund requests are automatically void by the client accused of the violation. Additionally, GoldenVM reserves the right to deny a refund request in the event of an erroneous payment due to the client's failure to cancel an automated subscription. All refund requests are subject to approval of GoldenVM's management team.
Services are eligible for full refund that meet the following prerequisites:
- refund is requested within twenty-four (24) hours of the creation of the product;
- refund request is made with legitimate reasoning;
- product or service is not paid using a promotional discount that takes more than 25% off the original price of the service when ordering,
- and product or service is not an upgrade.
Acceptable Use
Clients are responsible for complying with the policies of GoldenVM LLC. Failure to do so may result in suspension and/or termination. By using our services, you agree to abstain from the following, but not limited to, actions:
- Denial of Service (DoS) attacks
- Distributed Denial of Service (DDoS) attacks
- cyberbullyng, harassment, encouraging self-harm
- malware and/or ransomware
- child/adult pornography
- software piracy
- spam servers
- IP Spoofing
- identity theft
- phishing
- bypassing usage limits such as bandwidth, RAM, CPU, and I/O
- any action or content deemed illegal in the United States
Abuse reports must be opened via our client area. Clients have twenty-four (24) hours to respond to an abuse report ticket with a solution and explanation of the documented abuse. Clients that fail to respond within twenty-four (24) hours may be subject to suspension of their service until the abuse report is resolved. If the abuse is not resolved, GoldenVM LLC reserves the right to terminate and ban you from our network.
Service Setup
GoldenVM strives to create all services in stock immediately after payment is received and processed, but this is not always possible due to factors out of our control. Some include: client passwords not meeting the sufficient requirements, clients not completing the order form correctly, and payment not being verified resulting in it not being accepted by our system. We promise to install all operating systems selected when ordering a service free of charge, but cannot guarantee installation of other operating systems requested.
Uptime Guarantee
Please refer to the GoldenVM LLC Service Level Agreement for all downtime policies.
Support Obligation
GoldenVM strives to support all services offered. However, GoldenVM provides unmanaged support unless otherwise stated. We reserve the right to offer semi-managed and/or managed support to selective clients. Our unmanaged support means that we will not perform daily tasks like installing servers or setting up software, though we will provide assistance with technical errors and issues caused by our services. Technical errors and issues caused by our services are at our discretion, and we reserve the right to deny support to any client.
Managed and Semi-Managed support services are at a standard rate of $150 per hour, billed in half-hour increments with a 1-hour minimum.
Colocation
Colocation is only provided at the full discretion of GoldenVM and is subject to all other terms of service. If you are looking for colocation, please submit a ticket in our client portal. Colocation requires a 6-month contract minimum.
All colocation clients are subject to ensuring that all invoices are paid until they are able to request for equipment to be returned in the event of a cancellation. Remote hands are offered to customers and billed directly from our remote hands provider. The standard rate for remote hands is $300 per hour (with a 2-hour minimum plus travel fees). GoldenVM LLC reserves the right to alter the remote hands fee based on the action requested.
In the event of cancellation, clients will be charged a de-racking and shipping fee of $300 per hour, billed hourly. Packaging materials will be provided if requested and subject to availability. Clients may provide a shipping label to be used, or the company will provide one and add the cost to the de-racking fee. If a colocation service is cancelled or terminated, the client agrees to immediately vacate all equipment from the assigned space. Clients must pay any remote hands fees associated with removal. If equipment is not removed within 30 days of termination, it will be considered abandoned, and GoldenVM LLC reserves the right to remove, discard, and/or liquidate the equipment. The client is responsible for any costs associated with removal, disposal, or liquidation, and any proceeds will be applied to the outstanding account balance. GoldenVM LLC is not responsible for any damage incurred while the equipment is housed or during shipping.
Domains
All domain clients are responsible for abiding by the domain name registration agreement presented when ordering on the client area. If a domain client has also ordered ID protection, they must abide by the domain proxy agreement. Domain clients are responsible for maintaining payments, including any grace or redemption fees. Domain users have a grace period of 12 days with a $10 fee and a redemption period of 30 days with a $100 fee. Fees are subject to change.
Licensing
All clients must provide legitimate licenses for services installed on GoldenVM's network. We do not provide Windows licenses – clients must bring their own. GoldenVM is not responsible for providing any licenses, and all clients are responsible for software that requires a license.
Backups
We are not responsible for any content on the website. In no event shall we be liable for any loss of content. It is your responsibility to maintain appropriate backups. Notwithstanding the foregoing, on occasion we may be able to restore some or all of your deleted data from our backups, but no guarantee is made.
Bandwidth/Storage Policy
While we offer unlimited bandwidth and storage, we reserve the right to remove excessive files (such as large logs or redundant backups) that impact the node or limit bandwidth if unusual spikes in activity affect other users. We may apply a soft limit which can be raised via support. If a bandwidth limit is reached, the client agrees to pay $2.00 per terabyte of usage beyond the monthly limit, or the service will be suspended until the next billing period.
IP Address Assignment
GoldenVM LLC maintains ownership and control of all IPv4/IPv6 addresses assigned to you. We reserve the right, at our sole discretion, to change, remove, or banish any IP addresses from your use.
Cancellation
Clients wishing to cancel a service must submit a cancellation request via our client area. Once processed, all associated services will be deleted and are non-recoverable.
Termination
We reserve the right to terminate your server or service for any violation of these terms, or for any other reason deemed necessary. If we find that your server is using methods to bypass imposed limits, it may be terminated without refund. Services suspended for non-payment will be terminated 3 days after the first invoice is due. Once terminated, data cannot be restored.
Third-Party Services
If you enable or use third-party services, your access is governed solely by their terms. We do not endorse or assume responsibility for such services. By enabling them, you agree that GoldenVM LLC may disclose your data as necessary to facilitate their use.
Links to Other Websites
Although this website may link to other websites, we do not imply any approval, sponsorship, endorsement, or affiliation with the linked sites unless stated otherwise. Some links may be affiliate links; if you click and purchase, GoldenVM will receive a commission. We are not responsible for the content or policies of any third-party site.
Intellectual Property Rights
This Agreement does not transfer any intellectual property owned by GoldenVM LLC or third-parties to you. All rights, titles, and interests remain solely with GoldenVM LLC or its licensors. Trademarks, service marks, graphics, and logos used in connection with our website or services are the property of GoldenVM LLC or other third-parties. You are not granted any rights to reproduce or use these trademarks unless explicitly permitted.
Limitation of Liability
To the fullest extent permitted by law, in no event will GoldenVM LLC, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable for any indirect, incidental, special, punitive, cover or consequential damages (including lost profits, revenue, sales, goodwill, business interruption, etc.), even if advised of the possibility of such damages. The aggregate liability shall not exceed the greater of one dollar or the amounts actually paid by you to GoldenVM LLC for the month preceding the event. These limitations apply regardless of the cause of action.
Idemnification
You agree to indemnify and hold harmless GoldenVM LLC and its affiliates, directors, officers, employees, and agents from any liabilities, losses, damages or costs (including reasonable attorneys' fees) arising from any claims, actions, disputes, or allegations related to your content, use of our services, or any willful misconduct.
Dispute Resolution
This Agreement and any disputes arising from it shall be governed by the laws of California, United States, without regard to conflict of laws principles. All disputes shall be subject to the exclusive jurisdiction of the courts in California, and you waive any right to a jury trial. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Assignment
You may not assign or transfer any of your rights or obligations under this Agreement without our prior written consent. Any such assignment or transfer will be null and void. We may assign our rights or obligations without restriction.
Changes and Amendments
We reserve the right to modify this Agreement or our policies at any time, effective upon posting an updated version on our website. Continued use of the website constitutes your acceptance of these changes.
Acceptance of These Terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. If you do not agree, you are not authorized to use our website or services.
How can you contact us about this policy?
If you have any questions or concerns regarding this Agreement or your personal information, please contact us by opening a ticket in our client area.