Terms of Use

These Terms of Service (the "Agreement") are an agreement between GoodLeaf Hosting ("GoodLeaf" or "us" or "our") and you ("User" or "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the products and services made available by GoodLeaf and of the GoodLeafDev.com website (collectively, the "Services"). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services. PLEASE BE AWARE THAT THERE ARE CLASS ACTION AND ARBITRATION PROVISIONS THAT MAY AFFECT YOUR RIGHTS.

Additional Policies and Agreements

Use of the Services is also governed by the following policies, which are incorporated by reference into this Agreement and form one in the same. By using the Services, you also agree to the terms of the following policies.

• Payment/Refund Policy
• Privacy Policy
• Acceptable Use Policy
• Anti Spam Policy
• Domain Registration Agreement

Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.

Account Eligibility

By registering for or using the Services, you represent and warrant that:

You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.

If you use the Services on behalf of a legal entity or another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party's behalf with respect to any actions you take in connection with the Services.

It is your responsibility to provide accurate, up-to-date, truthful, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts, is accurate, correct, and complete at all times. GoodLeaf is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please contact our sales team via email or update your contact information through the GoodLeaf Billing and Support System. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government-issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.

You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account. Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.

Transfers

Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service for up to 10 cPanel accounts (additional migrations are available at our standard hourly admin rate). We must be able to obtain a FULL cPanel backup from your current host and the compressed account size shall not exceed 1 GB. We reserve the right to discontinue or modify our transfer policy at any time.

We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. Where offered, the free transfer service is available for thirty (30) days from your sign up date.

Transfers outside of the thirty (30) day period may incur a charge; please contact a member of our Transfers department to receive a price quote. In no event shall GoodLeaf be held liable for any lost or missing data or files resulting from a transfer to or from GoodLeaf. You are solely responsible for backing up your data in all circumstances.

GoodLeaf Content

Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "GoodLeaf Content"), are the proprietary property of GoodLeaf or GoodLeaf's licensors. GoodLeaf Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any GoodLeaf Content. Any use of GoodLeaf Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any GoodLeaf Content. All rights to use GoodLeaf Content that are not expressly granted in this Agreement are reserved by GoodLeaf and GoodLeaf's licensors.

User Content

You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, "User Content"). User Content includes any content posted by you or by users of any of your websites hosted through the Services ("User Websites"). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to GoodLeaf that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.

You may not however use your /home/ directory as a location to place backups. Including cPanel/WHM/Third Party applications. All websites are automatically backed-up nightly in third party locations. If you would like to conduct your own backups you MUST purchase block storage from us at $29.95/month per 150GB. GoodLeaf reserves the right to remove any files that violate this policy under our sole discretion. User's that violate this policy are subject to immediate suspension and/or termination.

Solely for purposes of providing the Services, you hereby grant to GoodLeaf a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, GoodLeaf does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.

GoodLeaf exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through GoodLeaf's computers, network hubs and points of presence or the Internet. GoodLeaf does not monitor User Content. However, you acknowledge and agree that GoodLeaf may, but is not obligated to, immediately take any corrective action in GoodLeaf's sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that GoodLeaf shall have no liability due to any corrective action that GoodLeaf may take.

Third Party Products and Services

Third Party Providers

GoodLeaf may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.

GoodLeaf does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. GoodLeaf is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.

Third Party Websites

The Services may contain links to other websites that are not owned or controlled by GoodLeaf ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party's terms and policies, including privacy and data gathering practices of any website to which you navigate.

Prohibited Persons (Countries, Entities, And Individuals)

The U.S. Department of the Treasury, through the Office of Foreign Assets Control ("OFAC"), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a "Sanctioned Country") and certain individuals, organizations or entities, including without limitation, certain "Specially Designated Nationals" ("SDN") listed by OFAC. If you are located in a Sanctioned Country or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Services. Unless otherwise provided with explicit permission, GoodLeaf also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name ("ccTLD") for any Sanctioned Country.

Account Security and GoodLeaf Systems

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.

The Services, including all related equipment, networks and network devices are provided only for authorized customer use. GoodLeaf may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, 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. By using the Services, you 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 requires the express written consent of the third party. GoodLeaf may, at our discretion, request documentation to prove that your access to a third party network or system is authorized. Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by GoodLeaf of an ongoing issue, we reserve the right to keep your account disabled. Upon your request, GoodLeaf may clean-up your account for an additional fee.

GoodLeaf reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.

HIPAA Disclaimer. We are not HIPAA compliant.

You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. GoodLeaf does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act ("HIPAA"). Customers requiring secure storage of "protected health information" as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to "protected health information" is a material violation of this Agreement, and grounds for immediate account termination. We do not sign "Business Associate Agreements" and you agree that GoodLeaf is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact [email protected]

Compatibility with the Services

You agree to cooperate fully with GoodLeaf in connection with GoodLeaf's provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, GoodLeaf is not responsible for any delays due to your failure to timely perform your obligations.

You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by GoodLeaf to provide the Services, which may be changed by GoodLeaf from time to time in our sole discretion.

You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. GoodLeaf does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.

Billing and Payment Information

Multiple Accounts

Users may not jump to multiple accounts to abuse "new customer" discounts. Users in violation of this policy will have both accounts suspended until all outstanding invoices are satisfied. Users that abuse our discount system are subject to termination without a refund.

Prepayment

It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.

Autorenewal

Unless otherwise provided, you agree that until and unless you notify GoodLeaf of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.

Invoice Charge Dates

Unless otherwise provided, you agree that until and unless you notify GoodLeaf we will charge your payment method exactly two (2) weeks before the due date if you wish for us to not charge your payment method early you can contact us. By us charging 2 weeks early it does not mean that you have to pay the invoice(s), you are only required to pay at the due date.

Taxes

Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to GoodLeaf's invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.

Late Payment

All invoices must be paid within seven (7) days of the invoice due date. Any invoice that is outstanding for more than seven (7) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, GoodLeaf may suspend or terminate your account and pursue the collection costs incurred by GoodLeaf, including without limitation, any arbitration and legal fees, and reasonable attorneys' fees. GoodLeaf will not activate new orders or activate new packages for customers who have an outstanding balance on their account.

Domain Payments

It is solely your responsibility to notify GoodLeaf's Billing department via a support ticket created from https://www.goodleafdev.com/billing after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and GoodLeaf is not responsible for a failure to renew a domain or a failure to notify a customer about a domain's renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.

Fraud

It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. GoodLeaf may report any such misuse or fraudulent use, as determined in GoodLeaf's sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.

Invoice Disputes

You have ninety (90) days to dispute any charge or payment processed by GoodLeaf. If you have any questions concerning a charge on your account, our billing department directly for assistance.

Money-back Guarantee

GoodLeaf offers a 5 (5) day money- back guarantee for GoodLeaf's web and vps hosting services only. Subject to the terms described herein, if you are not completely satisfied with these hosting services and you terminate your account within five (5) days of signing up for the Services, you will be given a refund of the amount paid for hosting minus a any setup fees. This money-back guarantee only applies to fees paid for hosting services and does not apply to administrative fees, install fees for custom software or other setup fees, or to any fees for any other additional services.

Colocation

For clients utilizing our Colocation services, it is imperative to adhere to our payment and usage policies strictly. Failure to timely remit payment for Colocation services may result in GoodLeaf taking possession of the hosted hardware. GoodLeaf reserves the right to liquidate or sell this hardware to recoup outstanding costs. Clients are prohibited from abusing network resources, including but not limited to, excessive utilization of bandwidth or ports. Violations of these policies may lead to suspension or termination of services without prior notice. It is the client's responsibility to ensure fair use and to maintain open communication with GoodLeaf's billing department to avoid any service interruptions.

Rent-to-Own Servers

For clients participating in our Rent-to-Own server program, strict adherence to our payment and usage policies is essential. Failure to make timely payments may result in forfeiture of the server hardware without refund. GoodLeaf retains the right to sell or liquidate the hardware to cover outstanding costs.

Clients must use the server hardware responsibly, refraining from any abuse of network resources, such as excessive bandwidth or port utilization. Violations of these policies may result in suspension or termination of services with prior notice.

It is the client's responsibility to maintain open communication with GoodLeaf's billing department to ensure compliance with payment obligations and prevent service interruptions.