Terms of Service
Is a formal and legally binding agreement between gotcanyons.net (we, company) and You, the service user (you, Subscriber). Use of our service constitutes acceptance and agreement to the TOS in full. All payments to gotcanyons.net are due on the due date of your account in full, payments not received by then will have service suspended for 24hr’s, after then the account will be completely terminated and removed from our server.
All data including backups are the sole responsibility of you (client). We assume nor imply any backups or securing of data unless paid service or rendered for this on a remote server solely for this at a additional fee above the hosting fee.
Our policy is that if any invoice on your account is past due, the WHOLE ACCOUNT is delinquent. WILL BE SUSPENDED. until payment is made in full including late fees or admin fees set at time of disconnection!
Abuse Towards Our Staff or Network Staff:
Will not be tolerated, If you use foul language, threaten us, or anything we may find offensive, we may suspend or delete your account, or if we decide to be delete there will be NO refund. Per Our TOS, We offer No Refunds.
I) Purpose and Overview of the TOS
II) Specific Violations of the TOS
IV) Network Performance
V) Payment Policy
VI) General Operations
1) The TOS is provided to give our Subscribers and users a clear understanding of what we expect of them while using our services. All users of our services including those who access our services but do not have accounts, as well as those who pay a service fee to subscribe to the services, must comply with our TOS. We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any website, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary websites. However, in accordance with our TOS, we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate the TOS. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of the TOS may result in the suspension or immediate termination of your account without prior notice.
The following are guidelines for the establishment and enforcement of
- Ensure reliable service to our customers
- Ensure security and privacy of our systems and network, as well as the networks and systems of others
- Comply with existing laws
- Maintain our reputation as a responsible service provider
- Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
- Preserve the value of Internet resources as a conduit for free expression and exchange of information
- Preserve the privacy and security of individual users
While we are committed to the principles of free speech, certain activities that may be damaging to the resources of both us and the Internet and cannot be permitted under the guise of free speech. The resources of us and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.
We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.
If you violate the TOS, we reserve the right to terminate your service without notice. We prefer to advise Subscribers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the TOS will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
II) SPECIFIC VIOLATIONS OF THE TOS
By using our services you agree not to commit any of the following specific violation of the TOS. The following constitute specific violations of the TOS:
Illegal use: Our services may not be used 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 not legal in the United States Of America, it is not permitted to reside on our servers. If illegal content or usage is found, the account will be suspended and/or terminated. Subscriber agrees that the Company may disclose any and all subscriber unformation including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber.
Harm to minors: Use of our service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography is prohibited. Violation of this policy will result in immediate termination of your service and a report will be made to law enforcement authorities.
Threats: Use of our service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property is prohibited.
Harassment: Use of our service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another is prohibited.
Fraudulent activity: Use of our service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes,” “ponzi schemes,” and “chain letters” is prohibited This also includes any knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. Forging any message header, in part or whole, of any electronic transmission, originating or passing through our service is in violation of the TOS. The use of anonymous remailers or nicknames does not constitute impersonation.
Unsolicited commercial e-mail/Unsolicited bulk e-mail (SPAM): Use of our service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violation of this SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, we will initiate an investigation. During the investigation, we may restrict Subscriber access to the network to prevent further violations. If a Subscriber is found to be in violation of our SPAM policy, we may, at our sole discretion, restrict, suspend or terminate the Subscriber’s account. Further, we reserve the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. We will notify law enforcement officials if the violation is believed to be a criminal offence. Anyone using our service to host websites or services that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account(s) immediately suspended. If you have violated our spam policy NO backup will be provided at all, The account will not be unsuspended until such time that you agree to remove any and all traces of the offending material immediately upon reconnection. First violations of this policy will result in an “Administrative Fee” of $100 and your account will be reviewed for possible immediate termination. Severe violations may result in immediate and permanent removal of the account(s) from our network without notice to the customer. A second violation will result in an “Administrative Fee” of $200 and immediate termination of your account.
E-mail/News Bombing: Malicious intent to impede another person’s use of electronic mail services or news will result in the immediate termination of the offending account.
Usenet Abuse/Spamming: We have a zero tolerance policy for the use of our service for the posting of messages or commercial advertisements which violate the rules, regulations, or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
Unauthorized access: Use of our service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of ours or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending account is subject to immediate termination. You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not
intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Copyright or trademark infringement: Use of our service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software is prohibited. This also includes intellectual property rights. Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
Collection of personal data: Use of the service to collect, or attempt to collect, personal information about third parties without their knowledge or consent is prohibited.
Network disruptions and unfriendly activity: Use of the service for any activity which affects the ability of other people or systems to use our services or the Internet is prohibited. This includes “denial of service” (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. This includes, but is not limited to:
“flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host. It is the Subscriber’s responsibility to ensure that their account(s) are configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their account for illegal or nappropriate actions. A Subscriber may not a permit their account, through action or inaction, to be configured in such a way that gives a third party the capability to use their account in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual’s computer system will result in immediate account termination. We will not tolerate any Subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your account, or if denial of service attacks are originating from your account. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
Distribution of Viruses: Intentional distributions of software or anything that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offence will result in the immediate termination of the offending account.
Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using our services could result in suspension of service.
IRC networks: It is forbidden to host IRC (Internet Relay Chat) that is part of or connected to another IRC network or server. Accounts found to be connecting to or part of these networks will be immediately suspended without notice. The account will not be unsuspended until such time that you agree to remove any and all traces of the offending material immediately upon reconnection. Severe violations may result in immediate and permanent removal of the account(s) from our network without notice to the customer. Any user who commits a second violation will be immediately and permanently removed from our network without notice.
IRC Is not allowed in any form on shared, reseller or dedicated servers in our network! The account or server can be cleaned of all IRC materials and return online at ours or networks (DC) discretion!
Eggdrop Scripts: Eggdrop scripts/bots and IRC bots of any type are not allowed, these are grounds for immediate account deletion.
Objectionable Material: You may not use our service to publish material, which we determine, at our sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, “material” refers to all forms of communications including but not limited to: narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings. If you unsure if your content is objectionable, please contact us before posting it.
Chinese Forums: Chinese Forums are not allowed on our network. These sites require too much CPU usage. They almost require a dedicated server to run properly. If they are found on any server we will suspend and/or terminate them.
ANIME: Anime websites are not allowed on our network. If an Anime website is found we will terminate the account. These sites are not allowed on our servers because most of them are illegal.
By using our services you agree to adopt adequate security measures to prevent or minimize unauthorized use of your account. Your password provides access to your account. It is your responsibility to keep your password secure. Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
Subscribers will be held responsible for any activity by third parties using their accounts in a way that violates the TOS. You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account.
IV) NETWORK PERFORMANCE
By using our service you agree to abide by this policy. Our services operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.
You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of our systems or networks. We reserve the right to terminate or limit such activities.
Proxy is not allowed
V) PAYMENT POLICY
By using our services you agree to the following payment policy and instructions.
Refunds: We offer a seven-day money-back guarantee. If during the first seven days after subscribing you are unhappy with the service you may submit a refund request. Any such request must be made in writing and must be made before the end of seven days from the moment your initial payment was made. In such case your payment may be refunded (less any set-up fees or special costs or specials promotions) and your account will be deleted from our network upon refunding. The seven-day money-back guarantee only applies to the first payment made on a new account. After the initial seven-day period, no refunds will be made at any time for the first payment on a new account. All subsequent payments made to G.C. Solutions are absolutely non-refundable. If you dispute a charge to your credit card issuer or take any action that results in a payment being reversed that, in our sole discretion is a valid charge under the provisions of the TOS, you agree to pay us an “Administrative Fee” of $100. All payments to gotcanyons.net are due on the due date of your account in full, payments not received by then will have service suspended for 24hr’s, after then the account will be completely terminated and removed from our server.
Cancellation: All cancellations must be made 7 days before your due date in writing! (No Exceptions) We will not comply with verbal requests to cancel accounts. We will not wait until the end of any advertised or perceived billing cycle, we cancel and remove the site, releases may be subject to fee’s any accounts cancelled within the 7 day prior due date will result in the next months invoice still being owed to gotcanyons.net and if must be submitted to a collection agency for further legal actions!
VI) GENERAL OPERATIONS
By using our service you agree to the following policy and limitations pertaining to our services.
Uptime: Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the Company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Subscriber agrees that the Company shall not be liable for any damages arising from such causes. In no event shall the Company be liable for any special or consequential damages, loss or injury. Although many of our own network providers guarantee an uptime of 99% or more, we make no guarantees about uptime performance because we realize there are influencing factors that are outside of our control, and in most cases even outside the control of the data centers and network providers we work with.
Abuse of Our Staff or Network Staff: Abuse towards our staff or our network staff will not be tolerated. If you use foul language, threaten us, or do anything we find offensive, we may suspend and/or delete your account. Per our payment policy we offer no refunds.
Internet Protocol (IP) Address Ownership: If we assign a Subscriber an IP address for the Subscriber’s use, the right to use that IP address shall belong only to us, and Subscriber shall have no right to use that IP address except as permitted by us in our sole discretion in connection with the services. We shall maintain and control ownership of all IP numbers and addresses that may be assigned to Subscriber by us, and we reserve the right to change or remove any and all such IP numbers and addresses, in our sole and absolute discretion. Our allocation of IP addresses is limited by the policies set forth by ARIN (American Registry for Internet Numbers). These policies state that use of IP addresses for IP-based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
Bandwidth and Disk Usage: Subscriber agrees that bandwidth and disk usage shall not exceed the quota for the services ordered by Subscriber on the order form (the “Agreed Usage”). We will monitor Subscriber’s bandwidth and disk usage. We have the right to take corrective action if Subscriber’s bandwidth or disk usage exceeds the Agreed Usage in our sole discretion. Such corrective action may include the assessment of additional charges, or disconnection or discontinuance of the service.
If we take any corrective action under this section, Subscriber shall not be entitled to a refund of any fees paid in advance prior to such action.
- If you are registering or transferring a domain name you must also agree to the Domain Name Registration Agreement.
- Domains shall be renewed at the same price as new registrations. The current pricing is displayed on our website.
- Domain renewal reminders will be sent in advance of expiration via email to the address stored in your client area.
- Should an expired domain enter the redemption period, the cost of restoring the domain shall be no more than $90.00
- Domain registrar’s registration agreement may be found here. Domain registrar’s registration