This is an Agreement between you, as our customer, and Goldbar Enterprises, LLC (Goldbar), and this Agreement governs your legal rights with regards to Internet hosting services (Services) we provide to you. You explicitly and implicitly agree to be bound by the terms and conditions of this Agreement every time you use our Services.
We may amend this Agreement at any time by posting the amended terms on our Website. Such changes become effective immediately.
Creating Your Account
To setup your account, you must be at least 18 years of age, able to enter into binding contracts, and able to provide necessary account information to us. Before we can establish your account, we must receive the necessary payment for the Services selected and be able to verify your account information. It is solely your responsibility to provide us with an active, maintained, ancillary email address not associated with the domain(s) you are hosting with us. If there are issues with your account, we will always contact you at this ancillary email address. It is your sole responsibility to make sure you maintain and monitor this email address.
If you have a domain name registered with Goldbar, it is your sole responsibility to make sure that the contact information for your domain account and actual domain name(s) are both accurate and current. Goldbar is not liable for any issues you have (i.e. your domain registration lapses) because you failed to keep such information accurate and current. Goldbar reserves the right to immediately terminate your account if you provide false contact information of any kind. If you need assistance in verifying or changing such information, you can contact a Goldbar support representative.
Site Content
Goldbar allows most site content with the exception of:
Intellectual Property Infringement
Goldbar fully supports and follows the Digital Millennium Copyright Act, the Lanham Act, and other intellectual property laws of the United States of America. As such, you are prohibited from using our Services to infringe upon the intellectual property rights of others, including, but not limited to, registering domain names in contravention of valid trademarks; unauthorized copying of copyrighted works, and sales of counterfeit merchandise. All such actions are grounds for the immediate termination of your account. Goldbar reserves the right to remove or disable access to infringing material without notice to you. If you are found, at our sole discretion, to be a repeated violator of intellectual laws, you will be presumed to be willful infringer and your account will be immediately terminated.
If you believe you are the victim of copyright violation by a party using our Services, please contact Goldbar immediately. You must provide notice to us in a form that substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. § 512(c)(3)(A), which provides that a notification of claimed infringement must be a written communication provided to the designated agent that includes substantially the following: (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works, a representative list of such works; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner. If you do not provide the requisite notice as required above, we are required by law to honor your request.
SPAM Policy
Goldbar has a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and SPAM. You understand that we consider "safe lists" and purchased lists as SPAM. Any customer who sends out SPAM from their account will have their account terminated without notice. This also includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups.
Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. Goldbar reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Goldbar.
Service Restrictions
Goldbar services, including all related equipment, networks and network devices are provided only for authorized customer use. Goldbar systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Goldbar system(s) constitutes consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Goldbar may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.
Goldbar reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
Furthermore, you may not:
Site Transfers
If you have an existing website hosted elsewhere, Goldbar can assist you with moving your website to our servers. For new accounts, Goldbar offers a complimentary transfer service. For our complimentary transfer service, while we will use best efforts to do so, we cannot guarantee that Goldbar will necessarily complete your transfer for you due to the nature of each hosting company and their internal policies, data formats, and server types. As such, we cannot guarantee that we will be able to migrate all, let alone any, account data for you. To take advantage of Goldbar’s complimentary transfer services, you must request it within 30 days of creating your account. If we receive your request outside this period, we can still assist you, but you will be charged for our transfer services; we can provide you a price quote.
Site Configuration
You understand that it is your sole responsibility to make sure that any scripts and/or programs installed under your account are properly secured and that folder permissions are correctly set up. Security permissions should be made as restrictive as possible. Remember, you are solely liable for all actions taken under your account, even if done by a user of your site. Your account requires that you use a secure password. If Goldbar determines that you have used a non-secure password, as determined in our sole discretion, Goldbar may suspend your account until you agree to use a secure password. Goldbar may perform audits to check for non-secure passwords. If our audit determines that you have a non- secure password, we will notify you and allow you time to change your password.
Payment
You agree to make payment for the Services in advance of the time period during which such Services are provided by Goldbar. You agree that Services are billed on a recurring basis and unless you notify Goldbar of your desire to cancel/modify Services, you will continue to be billed for such Services, even if your account is suspended.
As a Goldbar customer, it is your responsibility to ensure that your payment information is up to date, and that all invoices
are paid on time. All Services are billed on a recurring basis, unless otherwise stated in writing by Goldbar. Goldbar
reserves the right to bill your credit card or billing information on file with us. Goldbar provides a 10 day grace period from
the time the invoice is generated and when it must be paid. If you fail to pay any invoice due to Goldbar within 10 days of
its due date, you will be charged a late fee of 1.5 percent of the amount due. If you fail to pay any invoice due to Goldbar
within 20 days of its due date, your account will be suspended. If you fail to pay any invoice due to Goldbar within 30
days of its due date, additional late fees will be charged to your account at 1.5 percent of the total amount past due. If
you fail to pay any invoice due to Goldbar within 45 days of its due date, your account may be terminated, solely at
Goldbar’s discretion. Your account will not be restored from a suspension until payment in full for past due amounts has
been received. Goldbar may, at its sole discretion, require you to post a security deposit if you make repeated late
payments.
It is the customer's responsibility to notify Goldbar after paying for a domain renewal and to make sure our information is updated and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and Goldbar cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal.
Goldbar reserves the right to change the monthly payment amount and any other charges at anytime.
Goldbar’s acceptance of partial payment does not relieve you of the duty to pay the remaining balance.
No Refunds or Charge-backs
You agree that Goldbar offers no refunds for Services and all payments for Services are final. Furthermore, you shall not institute any form or charge-back for any fees paid to us, unless you have been the victim of identity theft and provide us with a valid police report. Any other form of charge-back will result in the immediate termination of your account, your obligation to pay an administrative cost recovery fee of $100.00 to us for each such charge-back, and may subject you to criminal investigation for fraudulently obtaining our Services.
Collection Fees
You agree that should Goldbar have to institute collection proceedings to recover past due amounts under this Agreement, you will pay for the costs of such collection including reasonable attorneys fees.
Cancellation/Suspension/Termination of Your Account
You may only cancel your account by completing the appropriate paper or online form as found on our Website. Your cancellation shall not be effective until 3 business days after we have received a properly completed cancellation form. You shall remain responsible for payment of any amounts you owe Goldbar until this time.
Goldbar reserves the right to suspend access to your account or terminate your account, at our sole discretion and at any time with or without notice to you, should you violate the terms of this Agreement.
Abuse of Goldbar staff in any medium or format is considered grounds for the suspension or termination of your account, at our sole discretion.
If your account is suspended, you will not be able to access your account as well as any of your files on our servers until the suspension is lifted. We may place a temporary home page on your domain notating that your domain is temporarily suspended. You shall still remain responsible for payment of any amounts you owe Goldbar while your account is suspended.
If your account is terminated, you will not be able to access your account as well as any of your files on our servers. Depending on the egregiousness of your actions, Goldbar may, at our sole discretion, provide you with a CD of your files. You shall still remain responsible for payment of any amounts you owe Goldbar and you shall be responsible for fees up until the date your account is officially terminated by Goldbar.
Backups and Data Loss
While Goldbar does back up its servers as part of its routine maintenance, Goldbar is not responsible for files and/or data residing on your account. You are solely responsible for files and data on your account and for any loss of same.
Disk Space Limit
You are allocated a specified amount of diskspace allowance. This allowance varies depending on the hosting package you purchase. Should your account exceed the allocated amount, Goldbar reserves the right to suspend your account until you upgrade to a higher level of package or to simply bill you additional fees for the overages until such time as you are in compliance with your allowance.
Bandwidth Usage
You are allocated a specified amount of monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount, Goldbar reserves the right to suspend your account until the start of the next allocation, suspend your account until more bandwidth is purchased at an additional fee, suspend your account until you upgrade to a higher level of package, or simply bill you a one-time, additional fee for the overage that month. Unused bandwith for a given month may NOT be carried over to the next month.
Warranty Disclaimer
THE SERVICES PROVIDED BY Goldbar AND ANY THIRD-PARTY SERVICE PROVIDERS ARE PROVIDED AS IS, AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON OUR WEBSITE BY ANY THIRD PARTY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL WE OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER REGISTERED USER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO OUR SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED $100. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Disclosure of Account Information
Goldbar may disclose any of your account information to law enforcement agencies or upon a valid court order without your further consent or notification.
Indemnification
You agree that you shall defend, indemnify, save and hold Goldbar harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Goldbar, its agents, its customers, officers and employees, that may arise or result from your use of our Services or any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Goldbar against liabilities arising out of (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Goldbar; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Goldbar's server.
Modification and Waiver
Goldbar will not be considered to have modified or waived any of our rights or remedies under this Agreement unless the modification or waiver is in writing and signed by an authorized representative of Goldbar. No delay or omission by Goldbar in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.
Severability
If any part of this Agreement is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect.
Assignment or Transfer
You will not transfer, assign or delegate your rights or obligations (including your account) under this Agreement to anyone and any attempt to do so will be null and void. Goldbar may assign this Agreement in its sole discretion.
Force Majeure
Neither of the parties to this Agreement shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.
Choice of Law
Any dispute regarding this Agreement shall by governed by law of the State of Florida in the United States of America, except its conflict of law principles. You agree to submit to the personal jurisdiction of the courts in the State of Florida.
Arbitration
By using any Goldbar services, you agree to submit to binding arbitration. If any disputes or claims arise against Goldbar or its subsidiaries, such disputes will be handled by an arbitrator of Goldbar's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Florida. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration. Any dispute arising from Services must be brought within 1 year of the event giving rise to dispute or such dispute is considered null and void.
Notices
All notices sent to you by Goldbar will be delivered to the email address and physical address you provide as part of your
account. If you wish to provide notice to Goldbar, you may do so by email as sent to 
,
which shall be deemed as immediately delivered or to Goldbar Enterprises, LLC\6538 Collins Ave. #133, Miami Beach,
FL 33141.
