Service Level Agreement
&
Acceptable Use Policy

GoldFynch Service Level Agreement


During the Term of the applicable GoldFynch Agreement (the “Agreement”), the GoldFynch web interface will be operational and available to Customers at least 99% of the time in any calendar month (the “GoldFynch SLA“). If GoldFynch does not meet the GoldFynch SLA, and if Customer meets its obligations under this GoldFynch SLA, Customer will be eligible to receive the Service Credits described below. This GoldFynch SLA states Customer’s sole and exclusive remedy for any failure by GoldFynch to meet the GoldFynch SLA.


Definitions


The following definitions shall apply to the GoldFynch SLA.:

  1. “Downtime” for a domain, if there is more than a ten percent user error rate. Downtime is measured based on server side error rate.
  2. “GoldFynch Covered Services” is the GoldFynch Service.
  3. “Monthly Uptime Percentage” is the total number of minutes in a calendar month minus the number of minutes of Downtime suffered in a calendar month, divided by the total number of minutes in a calendar month.
  4. “Scheduled Maintenance” are those times where GoldFynch or Mazira notifies customer of periods of expected service disruptions
  5. “Service” is the GoldFynch service under the Agreement and via the web application at www.goldfynch.com.
  6. “Service Credit” is defined as follows

Monthly Uptime Percentage value based on the paid subscription value of  the Service added to the end of the Service term, at no charge to Customer

< 99% – ≥ 97.5%      2

< 97.5% – ≥ 95%      5

< 95.0%                   10


Customer Must Request Service Credit


In order to receive any of the Service Credits described above, Customer must notify GoldFynch within thirty days from the time Customer becomes eligible to receive a Service Credit. Failure to comply with this requirement will forfeit Customer’s right to receive a Service Credit.


Maximum Service Credit


The aggregate maximum number of Service Credits to be issued by GoldFynch to Customer for all Downtime that occurs in a single calendar month shall not exceed ten percent of Service subscription fee added to the Customer’s  account as a credit term. Service Credits may not be exchanged for, or converted to, monetary amounts.


Scheduled Maintenance


Errors Requests that result from Scheduled Maintenance do not count against the SLA. There will be no more than 10 hours of aggregate Scheduled Maintenance per monthly billing cycle.


Cloud SLA Exclusions


The GoldFynch SLA does not apply to any services that expressly exclude this GoldFynch SLA (as stated in the documentation for such services) or any performance issues: (i) caused by factors described in the “Limitation of Liability” section of the GoldFynch Terms of Service Agreement; (ii) that resulted form Customer or third party software or hardware, or as a result of action or inaction on behalf of the Customer or third party; (iii) that resulted from Customer’s web browser performance; (iv) that resulted from Rackspace and Linode service disruptions outside the control of GoldFynch; (v) Problems outside of GoldFynch’s reasonable control.


Acceptable Use Policy


Services


GoldFynch agrees to provide services to the Customer, subject to the following Acceptable Use Policy (AUP) and Terms of Service (TOS).

By using the System, Customer accepts and agrees to the Acceptable Use Policy and Terms Of Service.

“User” means any individual who uses the service on Customer’s behalf or through Customer’s account or passwords, whether authorized or not.

This Acceptable Use Policy exists to give Customer a clear understanding of what GoldFynch expects of them while they use the service. The Acceptable Use Policy and Terms of Service are applicable to both Customers and Users who have unpaid accounts, as well as those who pay a Subscription Fee to subscribe to the services.

In instances of a User’s inappropriate behavior GoldFynch prefers to issue a warning, and take corrective action as needed, however, GoldFynch holds the right to immediately terminate access to services without warning. GoldFynch refraining from taking action regarding a breach in this Agreement should not be considered a waiver for further breaches in the same or any other form.


List of GoldFynch's Acceptable Use Policy Violations


Using GoldFynch’s services for the following constitute violations of GoldFynch’s AUP:

  • Carrying out, assisting with, or enabling illegal activities. GoldFynch maintains the right to cooperate with legal authorities and/or injured third parties in the event of an investigation of any suspected crime or civil offense.
  • Threats and harassment. Uploading to, or sharing material through GoldFynch’s platform to harass, threaten, encourage bodily harm or destruction of property.
  • Harm to minors, or attempting to harm them in any capacity. This includes, but is not limited to uploading and sharing of child pornography.
  • Impersonation and forgery. Using GoldFynch’s services and the GoldFynch platform to add, remove, alter or share information with the purpose of deceiving or misleading.
  • Unsolicited commercial email. Sending out commercial or unsolicited bulk email through the GoldFynch platform.
  • Unauthorized accessing of other Customers’ accounts. Accessing, or attempting to access the accounts of others, or penetrating or attempting to penetrate security measures of GoldFynch, including circumventing user authentication of any account.
  • Unauthorized attempts to access or recreate any part of GoldFynch using API. This includes attempting to scrape data–displayed or otherwise–or attempting to decode, recode and construct queries programmatically, without the use of the GoldFynch graphical user web interface. Prior authorization from Mazira LLC is required before attempting, trialing, or experimenting access to data in the GoldFynch web application through sources other than the graphical user web interface.
  • Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right. Unauthorized uploading or sharing of any material that infringes any copyright, trademark, patent, trade secret or any other proprietary rights of a third party, including but not limited to unauthorized or unlawful copying of copyrighted material, digitization and distribution of books, photographs from magazines, or other copyrighted sources, and the unauthorized transmittal of software that is copyrighted.
  • Intentional distribution of viruses or other harmful software that attempts to and/or causes annoyance, harassment, or damage to another person’s computer system or data. This includes, but is not limited to network probing tools, password guessing programs, and cracking tools.
  • Inappropriate usage. Any usage of the service outside of intended purposes which impacts the performance of GoldFynch's software or hardware.
  • Third-party access. A Customer will be held accountable for any third party usage of their account that violates this AOS.
  • Attempting to interfere with or interrupt access to the service for any User. This includes, but is not limited to attempting to “lock” the account of another Customer.
  • Verbal abuse or harassment. Any inappropriate behavior or language targetting a member of GoldFynch staff.

Suspension or Cancellation of Service


GoldFynch has no obligation to monitor User activity for breaches of the AUP, however, it maintains the right to suspend Customer’s access to the service if it is deemed they violated the terms of the AUP. Such deactivation of the account may continue till an investigation is complete. Prior notification to the Customer is not guaranteed. In the case of an extreme violation, law enforcement may be contacted regarding the activity. A Customer will not be credited for any time their account was deactivated in such a fashion.

Actions GoldFynch may take in response to breaches of the Acceptable Use Policy or Terms of Service include but are not limited to:

  1. Providing verbal or written warning
  2. Suspending Customer’s account, requiring written agreement to refrain from further violations
  3. Termination of the offending account
  4. Billing Customer for administrative expenses and/or reactivation fees
  5. Pursue legal action and/or to collect damages, if any, caused by the violations

Terms of Service and Acceptable Use Policy Revision


All provisions of this contract are subject to GoldFynch’s Terms Of Service and Acceptable Use Policy. The AUP may be changed from time to time at GoldFynch’s discretion. Notice of any revision, amendment, or modification will be posted in accordance with the Terms Of Service. Customer understands that a change to the Acceptable Use Policy by GoldFynch shall not be grounds for early contract termination or non-payment.

All Customers and Users must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate cancellation.

If you have any questions regarding this policy, please contact us at support@goldfynch.com