TERMS OF SERVICE

PREAMBLE

This is an agreement between YOU, the END USER (hereinafter “the user”, “you”, and “your”) and Goldsboro Networks (hereinafter “the company”, “we”, “us”, and “our”). Welcome to Goldsboro Networks. The Goldsboro Networks website (hereinafter “the site”, “the website”, “our site”, and “our website”) and domain name goldsboronetworks.com is comprised of various web pages operated by Michael Lee Wells & Associates, LLC, the parent company. The Goldsboro Networks website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Goldsboro Networks website constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Goldsboro Networks is an internet networks provider to help companies establish infrastructure online and to aid in redundancy and online data integrity, otherwise known as “the Cloud”.

YOUR PRIVACY

Your privacy is very important to our company and we do everything within our power to protect your sensitive information and PII, or Personally Identifiable Information. Additionally, we believe that you have the right to know how a company utilizes and transfer your sensitive information to other companies or organizations. This is why we have established an online privacy policy which you can review here:

ELECTRONIC COMMUNICATIONS

By visiting our website or sending any emails to us, you have initiated a form of “electronic communications”. Therefor, by your acceptance of these Terms, you are agreeing that the means of electronic communications satisfies all legal requirements of our duty to communicate with you and you to us.

YOUR ACCOUNT

When you checkout on our website you must create an account to track your order and to use your products and services. By doing so, you accept sole responsibility for your account, the actions that are taken through your account and maintaining the security of your account. You are also responsible for reading our privacy policy to ensure that you do not accidentally leak any information you do not otherwise want in the public. By creating a domain name, web server, or website, certain information is set to registries which becomes public information. If you wish to not have any of your information submitted to these registries, you must take preemptive action and let us know.

ACCEPTABLE USE OF OUR NEWORK

When you rent a server or lease portions of our network you are given a certain level of access to our network and we expect a behavior that is respectful of others on our network and abroad. Being respectful of others also using our network means your network activities will not be disruptive of their activities. Being respectful of others abroad means you will not engage in any abusive actions that might cause another network provider to black list our IP addresses or our network.

THEREFOR, the prohibited acts on our network are as listed but not limited to:

  1. Spamming both in unsolicited email and bot-posting links on forums and other websites
    – This includes any activity which may have our IP Addresses blacklisted to send email
    – This includes any activity which may have our IP Addresses blacklisted for inclusion in search engines
  2. Attacking or allowing the attack of an Information Systems both knowingly or unknowingly
    – You are responsible for your own network access
    – You are responsible for the security of your information system
    – Unauthorized access to your account does not relieve you of your obligation to this provision
  3. Automated Port Scans, Port Knocks, Brute Force Login Attempts
  4. Creation, Distribution, Transfer, or Storing of malware, viruses, or worms
  5. Performing any act or encouraging any act which is considered illegal under the Laws of Wayne County, North Carolina, North Carolina State Law, or United States Federal Law which may include but is certainly not limited to storing and transferring certain types of pornography, harassment, stalking, digital piracy, written or communicated threats, and harboring or concealment of criminal behavior.
    – This includes any acts those with authorized access to your machine may commit
    – This includes any acts those with unauthorized access to your machine may commit
    – It is YOUR responsibility to moderate any public access areas of your information system you grant to the public or private communities and to maintain the logs and data thereof

Infractions to these acts may result in an immediate termination of service and at the very least a suspension of service until the issue is resolved. Whether your service is immediately terminated or not remains at the sole discretion of our management and will be based on our opinion whether or not you are both competent and willing to prevent future issues from your network access.

HOWEVER, be it known that we do not moderate, suppress, censor, or otherwise abridge speech on our network in any form whether it be bigotry, hate, or other acts of speech which do not specifically violate Local, State, or Federal laws and will ignore all abuse reports to any issues arising from speech complaints.

ADDITIONALLY, unless we witness a crime on our network, law enforcement must present to us an open Search Warrant or public record of subpoena to compel us to give copies of client data to the courts. We do not respond to any disclosures unless they are signed openly by a judge. If we are presented with a “gagged warrant” (sorry Judges, you don’t get to make law from the bench), our policy is to immediately disclose it to local and independent media outlets under 5 US Code § 552a even while under threat of contempt of court or other prosecutorial procedures, whereas we believe the due process of our customer is being violated and there may be bias, political motivation, or prosecutorial misconduct whereas, the officers of our company openly and proudly bears full voluntary responsibility for this policy should it need enforcement.

“Don’t tread on me! Sincerely, The Officers of MLW & Associates, LLC”

MOREOVER, any behavior by you or those accessing your information system which may require our company to invest additional time on your behalf may be billed to your account. This includes but is not limited to: Pornography Audits, Network Audits, Intrusion Audits, etc.

TERMINATIONS

When your billing term has ended you will be given 7 calendar days to pay your bill without interruption. After 7 days has passed in non-payment status, your service will be considered abandoned and terminated.

When you violate our terms of service your service can also enter into termination status.

When you cancel your service, your service will enter into termination status upon the final day of your term unless you request a pro-rated refund which your service will enter into immediate termination status.

If your use of our network causes degradation for other customers or impedes our ability to do business, your account will be terminated – this includes repeat DDOS attacks without any attempts by you to mitigate these attacks with reverse proxies or DDOS Filtering. Please note that the impedance of business clause in this provision takes precedence of any other conflicting provision in this agreement or any other agreement or policy we may have published or assigned to you as an agreement.

Upon termination, your connected service will be taken offline and held for redemption for 7 days. After the redemption phase, your data is destroyed and your hard drives are recycled or discarded.

During the redemption phase, you can opt to have your hard drives transferred to another server or you may pick up your hard drive from our data center in Princeton, North Carolina for a fee of $100.00 per hard drive.

When your account must be terminated before your billing period ends, as a case of violating this agreement, it is almost certain that damages has been incurred to our company and the termination of your service by enforcement of this agreement was to mitigate those damages to our company. Under this provision, and because we have almost certainly suffered damaged, we will not refund any portion of any unused service fees. If you would like to request a refund because you believe that no damages were incurred, you may feel free to do so by opening a ticket, but we will not be obligated to refund that amount if any damages were incurred.

You agree that we are not required to prove to you or a court any damages we claim as those damages can be both reputable and immeasurable, yet significant harm to our company.

You can terminate your obligation to this agreement in many ways. If you have not yet ordered any services from us, simply leave our website and do not return until you are ready to agree to these terms.

If you have ordered services from us, you can notify us of your intent to terminate this agreement and cancel your services with us which which will start the process of stopping your services and destroying your data after appropriate timeframes have passed. In the case that you terminate your account, we have no duty to preserve your data past the final date of your service period. Thereof, there is NO REDEPTION STATUS for your account.

Your informing us of your decision to terminate this agreement does not relieve you of your obligation to abide by this agreement until we have been given reasonable time to terminate our obligations to this agreement as well. Any breech of this agreement before this reasonable period of time ends will be seen as a terms of service violation and will be subject to the above subsection of immediate termination and our right to take quick and decisive actions to mitigate and protect our company from any potential harm which means any unused portions of your service fee may be retained to cover any damages incured.

YOUR EQUIPMENT

Some services we offer involves you shipping us your equipment and we then making the appropriate connections to that equipment to ensure it is online. In order to facilitate this procedure we will need your root or administrative password or you must set all connection settings before shipping us your device. Your billing period starts the moment your equipment, in part or in full, arrives at our facilities.

These accounts can suffer termination status in the same way any other service can. Especially in the case of a terms of service violation termination, we may elect to keep the device for an extended period of time if we suspect a crime was committed on the device or if we are in receipt of a letter of preservation from any court officer. When we make the decision to retain equipment for criminal investigative purposes, this may not necessarily mean that you have committed a crime, only that the device was used to commit a crime that we had to report. For instance, if we see a large DDOS attack on a major company that makes the news and notice that your device was, in fact, participating in that attack, we will immediately offline your device and will contact the authorities that we are in possession of a participant. Once the authorities have the data they need, we will then start the process of returning your equipment.

Please refer to our returns policy on our fees and methods for returning your equipment to you.

When returning your equipment you will be allowed to opt in for insurance for your shipped item by the post carrier service. If you elect this insurance and your item is damaged, you will need to deal exclusively with t he post carrier for remedy. If you chose forgo this insurance or chose a post carrier that does not offer insurance, then you agree to assume all liability of shipping and handling. We take photos and maintain video surveillance of all devices that are returned to you to guarantee our integrity in the return shipping process.

You assume all responsibility for hardware failures, repairs, and upgrades to your device and equipment and we retain no ownership of any repair or upgrade made where the invoice for that repair or upgrade is made in full.

If you refuse or fail to pay for any upgrades to your device that you have authorized by agreeing to a set price before authorizing the upgrade, you agree to forfeit ownership and control of your device to our company until that bill is paid. You furthermore agree that after 30 days of non-payment of an upgrade or repair to your device to permanently forfeit your ownership of your device to our company.

RENTAL AGREEMENT

In most every case where we have listed hardware on our site, it is for rental and not for purchase. This means no shipping or return is necessary. This also means that you are not responsible for the maintenance of the equipment’s hardware. However, you are responsible for ensuring that you incur only normal wear and tear on the equipment. If the RAC (remote access control) devices report to us constant high usage on the machine, high CPU temps, high hard drive usage, high writes on SSD’s, we may terminate this agreement without notice or we may charge an additional fee for enhanced wear and tear. Typically, this can often be simple user error such as initiating a defragment on a SSD device (which wear and tear is attributed to every write on the device), and we prefer to offer a warning before blanket termination.

In the event of a device failure under this heightened wear and tear event, you may be required to pay an extra fee for replacing the device that is relative in cost to the value of the device that failed.

Under normal wear and tear events (which is 99.9% of all cases), we assume all responsibility for replacing the hardware on your rented device.

When terminating your agreement with us, there is no need to wipe your data as we will destroy your hard drives after the redemption period unless we have detected little or no use on your device. We make it a policy to avoid the recycling of hard drives if possible, however, that does not mean that every machine is loaded with a freshly seal-broken hard drive.

Our procedure for recycling a hard drive is to fully clear any and all partitions, then follow-up with an extended format to over-write all existing data. We use software by Seagate to ensure that no traces of data can be recovered.

RENTAL UPGRADES

Any upgrades made to your rental device remains the property of Goldsboro Network and purchases made for these upgrades do not imply ownership to you. Typically the machines we rent are capable of upgrades, the only question is, how expensive it will be to upgrade those machines. For instance, upgrading a machine with empty RAM slots by adding a few 2 GB sticks is far less costly then replacing those slots with 32 GB sticks. In most cases, you will need to request a quote from us or open a support ticket to upgrade your ram as this is a disruptive service and the cost will vary per-machine and per machine configuration.

In almost all conditions, you will be responsible for handling a portion of our cost for the upgrade and a higher rate per month to maintain the machine (as we assume all replacement responsibility).

In almost no condition will we ever upgrade the motherboard or CPU and will instead advise that you purchase the CPU model you are needing and upgrade the ram from there. We can, however place your hold hard dive(s) into your new machine, however we cannot guarantee that your hard drives will accept the new architecture and we are not responsible for these failures. In machines where there is enough space to transfer the existing hard drives to the new machine, we can do this for you on request so that you can copy your data from those drives. However, after a few days we will remove these hard drives and destroy them.

DATA LIABILITY DISCLAIMER

Because we do not maintain administrative access to your information system and because backing up your data costs us significant resources, we cannot guarantee or warranty your data in part or in whole. You are solely responsible for your own data. If you would like to purchase two servers from us to backup your data in case one fails, you are free to do so, but we still cannot guarantee that one or the other will maintain data integrity – we can only state that the chances of catastrophic data failure is far less.

We do, however, strive to ensure that your data is absolutely safe by employing the use of RAID 5 (which allows for 1 hard drive failure) and RAID 6 (which allows for 2 hard drive failures) on our host Virtual Machines in case there is a failure, we can quickly swap out the failing drive with minimal risk of data loss.  But events outside of our control has and may happen – fires, floods, hurricanes, to name a few.  No matter, the case, except in negligence, we cannot be held labile for lost data.

DATA SECURITY

Data security is your responsibility.  We offer several services to aid and assist you in securing your information system but we cannot be held liable in the event that your system becomes compromised nor can we be held labile for any lost, damaged, or stolen data arising from a compromised information system.

In with many of our offerings, we provide additional filtering services to help mitigate and stop common attacks that could comprise your information system or degrade it’s performance.  We charge for these services as it places a burden on our firewalls and routers requiring us to have stronger, more expensive equipment to run the filtering services.

In the event that our host virtual machine becomes compromised, we will take that machine offline as soon as we learn of the breech to mitigate any further data leaks and notify our customers using that machine of the breech.  We will then do everything within our power to fix the breech and prevent further breeches of it’s kind before on-lining the machine again.   We will keep you updated by email as the situation develops and unfolds.

In the event that our website is compromised and we suspect that an attacker may have gained your PII, we will immediately secure the website and email you a summary of the attack, how we strive to fix it, and what data the thieves may have taken.

NETWORK OVERUSE

We sell many of our bandwidth packages as “unmetered” under normal conditions and this subsection applies only to those specific bandwidth models.  Unmetered does not mean unlimited. When your use of the network becomes abnormal, it can lead to overuse of the network which will result in a service suspension or termination.  Some abnormal uses is the incursion of a DDOS attack, file sharing or video streaming, and other high-load, high-traffic packet streams that are consistently high.  When you are sold an unmetered package, you are expected to consume less than 1% of that connection as an average and we expect that average never to exceed 10% of that package in any weekly period except for your first week to upload your data.

For those on metered bandwidth packages (and this subsection applies only to metered bandwidth models), you may use as much of your allotment as you wish except to the point that it causes network saturation – at which point we may throttle your connection by reducing your port speed or setting up a queue for your port.

NETWORK LIMITATIONS

We may impose filters on our network to block certain parties from accessing our network. You agree that our good judgement for preventing access to our network by these actors will not cause you any damages and that you will not seek any remedy other than termination of this agreement for relief. You agree that you will not hold us responsible or liable should you perceive any damage by our access limitations to these actors.

For instance, if we get a lot of network attacks originating from China, we may, at our discretion block entire blocks of IP addresses from China. If your customer is from China and cannot access your website, you are agreeing that your only recourse will be to terminate your service and go elsewhere.

However, this is not just limited to network attacks. If we deem an IP block to be harmful in data security, network security, or personal safety, we may also block these networks.

REBRANDING FOR RESALE

You are allowed to use our services for resale and you are allowed to rebrand our services so long as you do not impede or change any logos or copyrights in our software, our vendors’ software, or our affiliates’ software without prior written consent.

You may also elect to contact us about reselling so that we may customize a white-label solution for you at a price that can scale to your needs and budget constraints but this does not relieve you from your duty to retain copyrights and logos in place that were not removed during the white-labeling process.

SEVERABILITY CLAUSE

IF AT ANY POINT ANY COURT SHALL FIND ANY PROVISION OR SUB-PROVISION OF THIS DOCUMENT TO BE UNENFORCEABLE, OVER-BURDENING, OR UNFAIR AND SHOULD SEE IT FIT THAT THE PROVISION SHALL BE DEAMED NULL AND VOID, THEN THAT PROVISION AND ONLY THAT PROVISION OR SUB PROVISION SHALL BE CHANGED MINIMALLY TO BRING IT TO A POINT OF ENFORCEABILITY OR FAIRNESS WITHIN THE SPIRIT OF THE MEANING OF THAT PROVISION.

ANY COURT OPINION OF ENFORCEABILITY OF ANY PROVISION SHALL BE CONFINED TO THE ENFORCEABILITY OF THAT PROVISION AND NOT THIS AGREEMENT IN WHOLE.

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WE ARE A BRAND OF A NORTH CAROLINA LIMITED LIABILITY COMPANY. BY DOING BUSINESS WITH US AND THEREBY AGREEGING TO THIS AGREEMENT, YOU AGREE THAT ANY ARBITRATION, LITIGATION, OR CIVIL ACTION ARRISING OUT OF OUR SERVICE OFFERINGS TO YOU SHALL TAKE PLACE UNDER THE AUTHORITY, AND ONLY THE AUTHORITY OF, THE NORTH CAORLINA COURT SYSTEM IN THE COUNTY OF WAYNE.

YOU FURTHERMORE AGREE THAT ATTEMPTS TO ERRONIOUSLY CHANGE VENUE WILL INCURE COST TO OUR COMPANY AND THAT WE MAY SEEK LEGAL REMEDY TO THAT EXPENSE.

OUR RIGHT TO TERMINATE

WE RESERVE THE RIGHT TO TERMINATE YOUR ACCOUNT AT ANY TIME FOR RELIEF OR MITIGATIONS OF DAMAGES WHICH IS OUR DUTY UNDER NORTH CAROLINA LAW, WHICH YOU AGREE YOU SHALL NOT SEEK REMEMDY FOR. YOU ADDITIONALLY AGREE THAT ANY SUCH TERMINATIONS THAT SHALL ARRISE SHALL BE ARBITRATED BEFORE ANY LEGAL ACTION IS TAKEN BY EITHER PARTY.

WE ADDITIONALLY RESERVETHE RIGHT TO TERMINATE ANY ACCOUTN WHERE WE FIND THAT ACCOUNT TO BE MORRALLY REPUGNANT OR A THREAT TO OUR CONSTITUTION AND CIVIL LIBERTIES.

WEBSITE LIMITATION OF LIABILITY

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN, GOLDSBORO NETWORKS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

GOLDSBORO NETWORKS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS-IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. GOLDSBORO NETWORKS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS OR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GOLDSBOR NETWORKS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF GOLDSBORO NETWORKS OR ANY OF THIS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

CHANGES AND MODIFICATION

The situation of information technology is always fluid – new threats, technology, regulations, and methods. We require the flexibility to change these terms at-will in which it will be your responsibility to check from time to time on the changes to this document. We will make reasonable attempts to notify you that we are or have changed these terms. In some situations, we cannot notify you before a change is made, especially when it is related to network security.

THIS DOCUMENT WAS LAST UPDATED ON MARCH 16, 2022 @ 03:00 HOURS.