Terms of Service

These Terms of Service (“Agreement”) govern the provision and use of services offered by GlobalTeleHost Corp. (“GlobalTeleHost Corp.”, “GTHost”, “we”, “our”, or “us”). By ordering, accessing, or using any service provided by GlobalTeleHost Corp., the customer (“Subscriber”, “Customer”, “you”, or “your”) agrees to be bound by this Agreement.

1. Definitions

For the purposes of this Agreement:

Services means any infrastructure, network resources, IP address allocations, dedicated servers, virtual machines, storage services, or other related services provided by GTHost.

Subscriber means the individual or legal entity that orders or uses the Services.

Infrastructure means the hardware, networking equipment, software platforms, and related systems operated by GTHost.

Customer Content means any data, files, software, databases, or other materials stored, transmitted, or processed using the Services.

Business Days means Monday through Friday, excluding statutory holidays observed in the Province of Ontario, Canada. All time references in this Agreement are based on Eastern Time (ET).

Reasonable Notice means, unless a specific period is stated elsewhere in this Agreement, not less than thirty (30) calendar days for changes to pricing or material service terms, and not less than seventy-two (72) hours for scheduled maintenance or non-urgent operational changes.

2. Provision of Services

GTHost provides infrastructure services including but not limited to dedicated servers, virtual machines, storage services, network connectivity, IP address allocations, and related technical services.

GTHost will make commercially reasonable efforts to provide the Services in accordance with the service description presented at the time of purchase.

The Subscriber acknowledges that infrastructure services may be subject to maintenance, upgrades, hardware failures, network interruptions, or other operational factors.

GTHost does not guarantee uninterrupted service availability. Network uptime targets and the applicable credit remedy are described in Sections 27–28 (Service Level Agreement); those sections establish targets only and do not constitute a guarantee of availability.

GTHost reserves the right to refuse service to any individual or entity at its sole discretion, including but not limited to situations involving suspected fraud, abuse risk, violation of applicable laws, applicable sanctions, or other operational concerns. See Section 3 for further detail.

For security reasons, the following ports are blocked by default on all daily dedicated servers and VPS services: 25, 465 (TCP/UDP); 587, 389, 3389 (TCP); 111 (UDP); 137, 138, 139, 445 (TCP/UDP). Subscribers who require access to these ports for legitimate purposes may submit a request through the support portal. GTHost reserves the right to approve or deny such requests at its sole discretion.

3. Orders and Account Responsibility

The Subscriber agrees to provide accurate and complete information when creating an account or placing an order.

The Subscriber represents and warrants that they are not subject to any applicable economic or trade sanctions, including those administered or enforced by Canada, the United States, the European Union, or other relevant authorities, and that they will not use the Services in violation of such sanctions or export control laws.

The Subscriber is responsible for maintaining accurate and current contact information on their account, including a valid email address through which GTHost may deliver all notices, invoices, suspension warnings, and other communications required or permitted under this Agreement. GTHost’s obligation to provide notice under any Section of this Agreement is satisfied by sending notice to the email address on file. GTHost is not responsible for any failure of notice where the Subscriber has provided inaccurate or outdated contact information.

GTHost reserves the right to suspend or terminate Services if it determines, acting reasonably and in good faith, that a Subscriber may be subject to applicable sanctions, in violation of export control laws, or engaged in fraudulent or high-risk activity. GTHost may use automated fraud detection, risk scoring, and third-party verification systems to assess orders, payments, and account activity. Orders or accounts identified as high risk may be delayed, suspended, or rejected at GTHost’s sole discretion.

Notice and Immediate Action. Where reasonably practicable, GTHost will provide the Subscriber with notice of a suspension or termination action and may, acting reasonably and in good faith, allow the Subscriber an opportunity to provide clarification or supporting information within five (5) Business Days of such notice. GTHost may, however, act immediately and without prior notice where: (a) required to comply with applicable law or regulatory obligations; (b) immediate action is necessary to prevent fraud, abuse, or other material risk; or (c) continued operation poses a risk to network integrity or other customers.

Suspension Review. A Subscriber whose account has been suspended under this Section may submit a written request for review through the support portal within ten (10) Business Days of the suspension notice. GTHost will acknowledge the request within five (5) Business Days and, where it determines that a suspension was applied in error, will restore access without undue delay. GTHost is not obligated to reverse a suspension where the grounds for suspension are confirmed.

The Subscriber is responsible for maintaining the security of account credentials and for all activities conducted under their account.

GTHost reserves the right to request identity verification or additional information where necessary to prevent fraud, abuse, or violation of applicable laws.

Accounts found to contain false or misleading information may be suspended or terminated.

GTHost may preserve account data, logs, or other records upon receipt of a valid legal request, preservation request, or where reasonably necessary for investigation.

4. Payments and Billing

All Services must be paid in advance unless otherwise agreed in writing.

Failure to pay in advance may result in service suspension or termination. Data removal following non-payment is governed by the schedules set forth in Section 24.

Fees paid for Services are non-refundable in monetary form. Any adjustments or credits, where applicable under this Agreement, are issued exclusively as Account Credit as defined in Section 25.4 and may be applied toward future Services. See Section 25 for the complete refund and dispute policy.

GTHost reserves the right to change pricing for Services with no less than thirty (30) calendar days’ prior written notice. Notice will be provided through the customer portal, by email to the address on file, or through other communication channels. Continued use of the Services after the notice period constitutes acceptance of the revised pricing.

All accounts and services provided by GTHost are subject to applicable taxes imposed by the Province of Ontario and Canada.

Monthly Services

Monthly services are billed for a thirty (30) day period beginning from the date payment is received. Subsequent payments are due on the renewal date corresponding to the start of the billing cycle.

Daily Services

Daily services are billed for twenty-four (24) hour periods beginning from the time payment is received. Subsequent payments are due on each daily renewal of the service.

5. Acceptable Use

The Subscriber agrees not to use the Services for any unlawful, abusive, or harmful activity. Detailed prohibited activities are set out in the Acceptable Use Policy available at gthost.com/policy, which forms an integral part of this Agreement.

6. No Spam

The use of GTHost Services for the transmission of unsolicited bulk communications (“spam”) is strictly prohibited. Spam-related rules, enforcement, and cost recovery provisions are set out in the Acceptable Use Policy at gthost.com/policy.

7. Network and IP Address Usage

IP addresses provided as part of the Services remain the property of GTHost or its upstream providers.

The Subscriber may only use IP resources for legitimate purposes consistent with applicable policies and regulations.

GTHost reserves the right to modify or reassign IP addresses if necessary for operational, routing, or regulatory reasons.

Subscriber acknowledges that IP addresses provided as part of the Services may have prior usage history and associated reputation, including potential blacklist listings or restrictions imposed by third-party networks, services, or anti-spam organizations. GTHost does not guarantee that any assigned IP address will be free from such history or restrictions and shall not be responsible for any resulting limitations or impacts on service use.

Where the Subscriber uses their own IP address resources through BGP or similar routing mechanisms, the Subscriber is responsible for ensuring that all routing authorizations, registry records, and compliance requirements are properly maintained.

8. Customer Content

All Customer Content stored or transmitted using the Services remains the sole responsibility of the Subscriber.

The Subscriber represents and warrants that it has all necessary rights to store and process such content.

The Subscriber grants GTHost a limited license to host, transmit, reproduce, and process Customer Content solely to the extent necessary to operate and maintain the Services.

GTHost does not claim ownership of Customer Content and does not sell Customer Content to third parties.

GTHost may access or disclose Customer Content only when reasonably necessary to provide Services, investigate abuse, comply with legal obligations, or protect the rights and safety of GTHost or others.

9. Data Backup and Data Loss

The Subscriber is solely responsible for maintaining backup copies of all data stored on the Services, including implementing appropriate backup and recovery procedures.

GTHost performs weekly backups of VPS services solely for its own internal disaster recovery and infrastructure continuity purposes. These backups are not guaranteed to be consistent, complete, or recoverable, and are not available to Subscribers for self-service restore. GTHost does not guarantee that any VPS backup will be available or usable at the time of a recovery event. The Subscriber remains solely responsible for maintaining independent backup copies of all data as described in this Section.

Where the Subscriber uses a Storage Node service provided by GTHost as a backup destination or for temporary data storage during server migration, this is a supported and intended use case for the service. Storage Node services are built on distributed storage infrastructure with data replicated across multiple independent nodes, providing protection against individual hardware failures. However, Storage Node is a self-managed service. GTHost does not perform managed backups, versioning, or point-in-time recovery on behalf of the Subscriber.

The Subscriber is solely responsible for verifying the integrity and completeness of data stored on the Storage Node, and for maintaining additional copies of critical data where the consequences of loss would be significant. GTHost recommends that Subscribers verify data integrity using checksums or equivalent verification methods after upload and prior to deletion of the source data.

Storage Node is a self-managed storage service and does not constitute a managed backup or disaster recovery solution.

GTHost does not guarantee the availability or recoverability of Customer Content unless explicitly included in a separate backup service agreement.

GTHost does not guarantee the recovery of data lost due to accidental deletion by the Subscriber or third parties, software errors, security incidents, or corruption of data prior to upload. GTHost shall not be liable for data loss resulting from hardware failures, system failures, or actions performed by the Subscriber or third parties.

GTHost does not guarantee the retention, availability, or integrity of any logs, metadata, or monitoring data unless explicitly agreed in writing as part of a specific service. Such data may be deleted, rotated, or overwritten at any time in accordance with internal operational practices. GTHost has no obligation to retain or provide such data to the Subscriber.

10. Third-Party Use of Services

The Subscriber may permit employees, contractors, customers, or other third parties to access or use the Services.

The Subscriber remains the sole contractual party responsible for the Services and is fully responsible for all actions, omissions, and activities conducted by any third party using the Services through the Subscriber’s account or infrastructure.

The Subscriber may resell or provide access to the Services to third parties, including customers or end users. The Subscriber must ensure that all such third parties comply with this Agreement, including the Acceptable Use Policy. Any violation by a third party shall be deemed a violation by the Subscriber.

GTHost does not have a direct relationship with any third-party end users of the Services. All contractual and legal responsibility remains solely with the Subscriber.

The Subscriber is responsible for maintaining accurate records of any third parties to whom the Services are resold or provided, including sufficient identifying information to respond to abuse reports or legal requests. Failure to provide such information upon request may result in suspension or termination of the Services.

GTHost reserves the right to take enforcement action, including suspension or termination of Services, regardless of whether the violation originates from the Subscriber or any third party.

The Subscriber agrees to indemnify and hold harmless GTHost against any claims, damages, or liabilities arising from third-party use of the Services.

The Subscriber must ensure that adequate controls are in place to prevent misuse of the Services by third parties.

11. Service Suspension

GTHost reserves the right to suspend Services where necessary to:

• address security threats;
• prevent abuse or illegal activity;
• enforce this Agreement;
• comply with legal requirements.

Where reasonably possible, GTHost will provide notice to the Subscriber regarding such suspension. However, suspension may occur without prior notice and without liability to the Subscriber for any resulting service interruption, loss of access, or loss of data, in the circumstances described in Section 3 (Notice and Immediate Action).

In situations where continued operation of the Service may pose an immediate risk to the network, infrastructure, other customers, or third parties, GTHost may immediately suspend or disable Services without prior notice.

Suspended accounts retain their data for the period specified in Section 24. Suspension does not constitute termination.

12. Service Termination

The Subscriber may cancel Services at any time through the GTHost customer portal or by submitting a request to support. Cancellation will take effect at the end of the current billing period unless otherwise specified.

Either party may terminate the Services in accordance with the applicable billing period.

GTHost may terminate Services immediately in cases of:

• violation of this Agreement;
• non-payment, subject to the notice and suspension periods set out in Section 24;
• fraudulent activity;
• illegal use of Services.

Upon termination, all access to Services will be revoked.

Upon termination for any reason, Customer Content will be deleted according to the following schedule: for monthly services, within three (3) days of termination; for daily services, immediately upon expiry or termination. GTHost has no obligation to retain or recover Customer Content after these periods. This schedule applies in all termination scenarios, including termination by GTHost for violation of this Agreement.

Termination due to violation of this Agreement does not entitle the Subscriber to any refund or credit. Such termination may occur without liability to the Subscriber.

13. Maintenance and Infrastructure Changes

GTHost reserves the right to replace, upgrade, or reconfigure hardware components used to provide the Services at any time, with or without prior notice where reasonably necessary for operational, maintenance, or reliability purposes, including replacement with equivalent or higher-performance components.

Such changes may include migration of Customer workloads, storage devices, or configurations to alternative hardware or infrastructure without prior notice.

GTHost does not guarantee the use of any specific hardware model, manufacturer, or configuration, provided that the overall service specifications are substantially and materially maintained.

Such activities may occasionally result in temporary service interruptions. GTHost will make reasonable efforts to minimize disruptions.

Such changes shall not be considered a material degradation of the Services by the Subscriber where overall performance and functionality remain comparable.

14. Resource Usage and Operational Limits

14.1. General Resource Policy

In addition to Sections 11 and 12, GTHost reserves the right to suspend, modify, or terminate Services if continued operation would exceed reasonable technical or operational capacity of the infrastructure, or where the Subscriber’s usage patterns create conditions that are unsustainable within the infrastructure. GTHost may also impose temporary traffic limits, resource restrictions, or other mitigation measures where necessary to protect network stability, without prior notice where immediate action is required.

14.2. Excessive Load

Regardless of service type, Subscribers are expected to use infrastructure resources in a manner consistent with normal operational workloads. Conditions that may trigger enforcement action include situations where Subscriber activity results in excessive, abnormal, or sustained load on:

• Network infrastructure and bandwidth;
• Storage systems (including I/O throughput and IOPS);
• Power consumption, cooling, CPU utilization, or other infrastructure resources.

Such conditions may arise from misconfiguration, abusive workloads, inefficient resource usage, or other operational factors, regardless of intent. What constitutes excessive or abnormal load shall be determined by GTHost in its sole discretion, acting consistently with standard hosting industry practices.

14.3. Dedicated Server Operational Parameters

Dedicated server services are provided on the basis that the Subscriber’s workload is consistent with normal server operation, unless a separate written agreement explicitly provides for high-intensity or sustained maximum load usage. The following activities are prohibited on all dedicated server services absent such an agreement:

• Cryptocurrency mining in any form, unless explicitly permitted under a separate written agreement with GTHost;
• Sustained utilization of CPU, power, or cooling resources at levels that materially exceed the operational parameters for which the server configuration was designed, including but not limited to continuous maximum CPU load over extended periods;
• Any activity that results in abnormal power consumption, excessive heat generation, or degradation of data center infrastructure.

Where such conditions are identified, GTHost will notify the Subscriber and may, at its sole discretion:

1. propose a service upgrade or custom configuration that accommodates the Subscriber’s actual usage requirements; or
2. terminate the affected Service with no less than seven (7) days’ notice.

In the event of termination under this Section, GTHost will refund the unused portion of any prepaid service fees on a pro-rata basis calculated from the termination date. GTHost shall not be liable for any other losses or damages resulting from such termination.

14.4. VPS and Shared Resource Limits

To maintain platform stability, the following activities are strictly prohibited on VPS and other non-dedicated services:

• Cryptocurrency mining in any form;
• Sustained CPU, memory, or I/O utilization at levels that consistently and materially degrade the performance of other Subscribers on the same infrastructure, as determined by GTHost in its sole discretion;
• Any activity prohibited under Section 5 (Acceptable Use) that results in excessive load on GTHost’s network or IP reputation.

On VPS and non-dedicated services, GTHost may apply technical rate-limiting or throttling to enforce these limits without prior notice.

14.5. Storage Node Usage Policy

Services marketed as Storage Node are provided on shared distributed storage infrastructure. To ensure stability for all Subscribers:

• IOPS Abuse: GTHost reserves the right to rate-limit or suspend a Storage Node if the Subscriber’s disk I/O activity is consistently high and degrades the performance of the underlying storage cluster;
• Traffic Distribution: Storage Nodes are intended primarily for backup storage and server migration. Using a Storage Node as a high-traffic public download mirror, video streaming source, or for heavy P2P activities is prohibited without a separate bandwidth agreement.

14.6. Resource-Based Rate Adjustment

If the Subscriber’s resource usage consistently exceeds normal operational thresholds or materially impacts infrastructure performance across any service type, GTHost may, at its sole discretion:

1. propose an upgrade to a higher-tier service or a custom pricing plan reflecting the actual resource utilization; or
2. apply reasonable technical limitations, including rate-limiting, traffic shaping, or resource throttling.

GTHost will provide notice of such conditions and proposed adjustments. If the Subscriber does not accept the proposed adjustment within ten (10) Business Days of notice, GTHost reserves the right to suspend or terminate the affected Service. Termination under this subsection entitles the Subscriber to a pro-rata refund of prepaid fees for the unused portion of the service period.

GTHost will not apply retroactive charges for past usage unless explicitly agreed in writing.

14.7. Management and Notice

GTHost reserves the right to define and apply reasonable thresholds for resource usage based on operational requirements, as determined by GTHost in its sole discretion. Where possible, GTHost will provide Reasonable Notice (as defined in Section 1) before taking enforcement action, except in cases where immediate action is required to prevent infrastructure failure or protect other Subscribers.

14.8. IP Resources

All IP addresses assigned to the Subscriber are non-portable and remain the sole property of GTHost. Use of IP resources must comply with ARIN and applicable technical assignment policies. Upon termination of Services, the Subscriber’s right to use assigned IP addresses ceases immediately.

15. Disclaimer of Representations and Warranties

Except as expressly provided in Sections 27–28 (Service Level Agreement), the Services are provided on an “as is” and “as available” basis. GTHost makes no other representations or warranties of any kind regarding the reliability, availability, suitability, or performance of the Services. The uptime targets in Sections 27–28 are commercial targets only and do not constitute a warranty of availability.

To the fullest extent permitted by law, GTHost disclaims all implied warranties, including:

• merchantability;
• fitness for a particular purpose;
• non-infringement.

Outside of the specific uptime targets defined in Sections 27–28 (Service Level Agreement), GTHost does not guarantee that Services will be uninterrupted, error-free, or completely secure.

16. Copyright and Intellectual Property (Notice and Notice)

16.1. Compliance with Canadian Law

GTHost complies with the Canadian Copyright Act regarding the “Notice and Notice” regime. As an infrastructure provider, GTHost generally acts as a neutral intermediary and does not proactively monitor Customer Content for intellectual property violations.

16.2. Standard Infringement Notices

For standard notices received from third-party copyright holders, GTHost will:

• forward the notice electronically to the Subscriber associated with the identified IP address or service;
• notify the claimant that the notice has been forwarded to the Subscriber, as required by law.

16.3. Trusted Reporter and Direct Enforcement

Notwithstanding Section 16.2, Subscriber acknowledges that GTHost may maintain direct cooperation or “Trusted Reporter” agreements with specific copyright holders, industry organizations, or law enforcement agencies. Where a complaint is received through these verified channels, GTHost reserves the right to immediately suspend or terminate Services without prior notice. Such actions are taken pursuant to the suspension and termination rights set forth in Sections 11 and 12 of this Agreement. The no-notice exception in Section 3 (Notice and Immediate Action) applies to such suspensions.

16.4. Subscriber Responsibility

The Subscriber is solely responsible for resolving any copyright disputes with the claimant. GTHost is not required to act as an arbiter in such disputes. GTHost shall not be liable for any service interruptions, data loss, or business impact resulting from actions taken under this Section or Section 5.

16.5. Mandatory Record Retention

In accordance with the Copyright Act, GTHost will retain all records identifying the Subscriber associated with an infringement notice for a period of six (6) months from the date of the notice, or up to twelve (12) months if formal legal proceedings are initiated by the claimant.

16.6. Repeat Infringer Policy

GTHost reserves the right, at its sole discretion, to permanently terminate the account and all Services of any Subscriber who is deemed a repeat infringer or who fails to adequately address multiple infringement notices.

17. Limitation of Liability

GTHost shall not be liable for any damages, including but not limited to:

• loss of data;
• loss of revenue;
• loss of business opportunities;
• service interruptions;
• indirect or consequential damages.

For any claim not related to SLA-covered downtime, total liability shall not exceed the amount paid by the Subscriber for the affected Services during the three (3) months preceding the event giving rise to the claim. For claims related to service interruptions or downtime covered by the SLA in Section 27, the Subscriber’s sole remedy is the service credit described in Section 28. The maximum credit under Section 28 is one (1) month’s recurring service fee. These two liability caps operate independently: the SLA credit cap applies exclusively to downtime claims; the three-month cap applies to all other claims.

GTHost makes no guarantees regarding business continuity, operational uptime beyond SLA obligations, or financial or operational outcomes resulting from use of the Services. Subscribers acknowledge that any losses resulting from service interruptions or failures are excluded from liability.

Subscribers agree that any disputes or claims against GTHost must be brought individually, and not as a class, consolidated, or representative action. No group or class action claims are permitted.

18. Indemnification

The Subscriber agrees to indemnify and hold harmless GTHost, its employees, officers, and affiliates from any claims or damages arising from:

• violation of this Agreement;
• misuse of the Services;
• infringement of third-party rights;
• unlawful activities conducted through the Services.

19. Force Majeure

GTHost shall not be liable for any delay or failure to perform obligations due to events beyond its reasonable control.

Such events include but are not limited to natural disasters, power failures, network outages, acts of war, civil unrest, governmental actions, labor disputes, or other similar circumstances.

Any obligations affected by such events shall be suspended for the duration of the event.

If such conditions continue for more than thirty (30) consecutive days and materially prevent the delivery of Services, either party may terminate the affected Services without further liability.

20. Privacy Policy

20.1. Legal Basis and General Principles

GTHost collects and processes personal information in accordance with applicable Canadian privacy law, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and, where applicable, provincial privacy legislation.

GTHost respects the privacy of its customers and takes reasonable measures to protect personal information.

20.2. Disclosure to Authorities

GTHost may disclose Subscriber information, including but not limited to IP address assignments, account records, traffic metadata, and stored content, to law enforcement authorities, regulatory bodies, or governmental agencies when required by applicable law, court order, subpoena, legal process, or other lawful request.

Such disclosure may occur without prior notice to the Subscriber where GTHost is legally prohibited from providing such notice or where immediate disclosure is necessary to comply with legal obligations.

Such disclosure may occur when:

1. it is permitted or required by applicable law;
2. it is necessary to protect against or prevent actual or potential fraud or unauthorized transactions;
3. it is necessary to investigate fraud or other illegal activity that has already taken place.

Information provided under these circumstances is never shared for marketing purposes.

20.3. Data Security and Contact

Personally identifiable information transmitted through our systems is secured using appropriate encryption and security measures. Access to such information is limited to authorized employees, agents, and contractors who require it in order to perform their duties.

Subscribers may contact GTHost through the support portal at https://cp.gthost.com/en/tickets if they have any questions regarding the handling of personal information.

20.4. Additional Provisions for Subscribers in the European Economic Area

This Section applies to Subscribers who are located in, or who store or process personal data of individuals located in, the European Economic Area (“EEA”), United Kingdom, or Switzerland (collectively, “EEA Subscribers”). To the extent of any conflict between this Section and Section 20, this Section prevails for EEA Subscribers.

Roles of GTHost Under Data Protection Law

GTHost acts in different capacities depending on the context of data processing:

• As a data controller: when processing personal data of the Subscriber itself — such as account information, contact details, billing records, and support correspondence — for the purposes of providing and administering the Services. This processing is governed by Sections 20.4.1 through 20.4.7 of this Agreement.
• As a data processor: when the Subscriber uses the Services to store, transmit, or process personal data of third-party individuals — such as the Subscriber’s own customers or end users — where the Subscriber acts as the data controller and GTHost processes such data solely on the Subscriber’s instructions. This relationship is governed by the Data Processing Agreement set out in Section 20.4.4.

This distinction is consistent with Articles 4(7) and 4(8) of the GDPR. Where GTHost acts as a processor, it does not determine the purposes or means of processing and acts only on documented instructions from the Subscriber.

20.4.1. Legal Basis for Processing Subscriber Account Data

GTHost processes personal data of EEA Subscribers in its capacity as a data controller for the purpose of providing the Services, managing the contractual relationship, and fulfilling legal obligations. The legal bases for such processing are:

1. performance of a contract (Article 6(1)(b) GDPR) — to provision, operate, and maintain the Services ordered by the Subscriber;
2. compliance with a legal obligation (Article 6(1)(c) GDPR) — including retention of records required by applicable law, responding to lawful government requests, and compliance with the Canadian Copyright Act Notice and Notice regime described in Section 16;
3. legitimate interests (Article 6(1)(f) GDPR) — for fraud prevention, network security, and abuse detection, where such interests are not overridden by the Subscriber’s rights and freedoms;
4. consent (Article 6(1)(a) GDPR) — for the sending of news and update communications, where the Subscriber has explicitly opted in to receive such communications.

GTHost does not process special categories of personal data (Article 9 GDPR) and does not use Subscriber account data for automated decision-making that produces legal or similarly significant effects without human review.

20.4.2. Categories of Personal Data Processed

In connection with the provision of the Services, GTHost processes the following categories of personal data relating to EEA Subscribers:

1. identity data: name and company name, and government-issued identification where requested under Section 26;
2. contact data: email address, telephone number, and billing address;
3. financial data: billing name, billing address, and transaction identifiers. Full payment card numbers and banking details are processed exclusively by Stripe and PayPal and are not stored by GTHost;
4. technical data: IP addresses, server identifiers, login timestamps, and network traffic metadata generated in connection with the use of the Services;
5. correspondence data: support tickets, abuse reports, and other communications submitted through the customer portal.

20.4.3. International Data Transfers

GTHost is incorporated and operates in Canada. Canada has received an adequacy decision from the European Commission under Article 45 GDPR in respect of organisations subject to PIPEDA. Accordingly, transfers of personal data from the EEA to GTHost in Canada are lawful without the need for additional transfer mechanisms such as Standard Contractual Clauses. Where GTHost engages sub-processors located outside Canada, GTHost ensures that appropriate safeguards under Chapter V GDPR are in place. The sub-processors listed in Section 20.4.4(g) are located in the United States and participate in the EU-US Data Privacy Framework or maintain Standard Contractual Clauses approved by the European Commission.

20.4.4. Data Processing Agreement (Controller-Processor Relationship)

Where an EEA Subscriber uses the Services to store, transmit, or process personal data of third-party individuals (including the Subscriber’s own customers or end users), the Subscriber acts as the data controller and GTHost acts as a data processor in respect of such data within the meaning of Article 28 GDPR. By accepting this Agreement, the Subscriber and GTHost enter into a data processing arrangement on the following terms, which constitute the Data Processing Agreement (“DPA”) required by Article 28 GDPR:

1. Subject matter and duration: GTHost processes Customer Content solely to provide the Services for the duration of the applicable service subscription.
2. Nature and purpose of processing: hosting, storage, transmission, and technical operation of Customer Content as directed by the Subscriber.
3. Type of personal data and categories of data subjects: as determined by the Subscriber. GTHost does not impose restrictions on the type of personal data the Subscriber chooses to store, subject to the Acceptable Use Policy in Section 5.
4. Instructions: GTHost processes Customer Content only on documented instructions from the Subscriber. The Subscriber’s use of the Services and configuration of the infrastructure constitutes such instructions. GTHost will inform the Subscriber if, in its opinion, any instruction infringes applicable data protection law.
5. Confidentiality: GTHost ensures that personnel authorised to process Customer Content are subject to confidentiality obligations.
6. Security: GTHost implements appropriate technical and organisational measures to protect Customer Content against unauthorised or unlawful processing and against accidental loss, destruction, or damage, in accordance with Article 32 GDPR. GTHost’s security obligations apply to the physical and network infrastructure layer. The Subscriber is responsible for security measures at the operating system, application, and data layer, as described in Section 5.
7. Sub-processors. GTHost uses the following sub-processors only:

   Payment processing:

   • Stripe (Stripe, Inc., United States) — stripe.com/en-ca/privacy
   • PayPal (PayPal Holdings, Inc., United States) — paypal.com/uk/legalhub/privacy-full

   News and update communications:

   • Mailchimp (The Rocket Science Group LLC, an Intuit company, United States) — mailchimp.com/legal/data-processing-addendum

   Stripe and PayPal receive only billing name, billing address, and payment details necessary to complete the transaction. They have no access to Customer Content stored on the Services.

   Mailchimp receives email addresses only, for the purpose of sending news and update communications to Subscribers who have explicitly consented to receive such communications. Subscribers may withdraw consent and unsubscribe at any time via the unsubscribe link included in every communication, or by contacting GTHost through the support portal.

   All three sub-processors maintain GDPR-compliant data processing agreements and participate in the EU-US Data Privacy Framework or maintain Standard Contractual Clauses approved by the European Commission.

   GTHost does not engage any other sub-processors in connection with the Services. GTHost will notify the Subscriber no less than fifteen (15) Business Days before engaging any new or replacement sub-processor. The Subscriber may object to such change within that period by written notice submitted through the support portal. If the objection cannot be resolved, either party may terminate the affected Services without penalty.

8. Data subject rights assistance: GTHost will provide reasonable assistance to the Subscriber in fulfilling its obligations to respond to requests from data subjects exercising rights under Chapter III GDPR. GTHost is not responsible for responding directly to data subjects whose personal data is controlled by the Subscriber.
9. Deletion and return: Upon termination of the Services, GTHost will delete Customer Content in accordance with the schedule in Section 12. GTHost does not provide export or return of Customer Content following termination. The Subscriber is responsible for retrieving any required data before the deletion deadline.
10. Audit: GTHost will make available to the Subscriber information reasonably necessary to demonstrate compliance with the obligations in this Section. GTHost will permit audits conducted by the Subscriber or a mandated third-party auditor, subject to reasonable advance notice of no less than thirty (30) Business Days and execution of a confidentiality agreement acceptable to both parties. Where the cost of such audit is material, the parties will agree on cost allocation in advance.

20.4.5. Rights of EEA Data Subjects

Where GTHost acts as a data controller in respect of a Subscriber’s personal data (Section 20.4.1), the Subscriber has the following rights under GDPR, exercisable by contacting GTHost through the support portal at https://cp.gthost.com/en/tickets:

1. right of access (Article 15): to obtain confirmation of whether GTHost processes personal data about the Subscriber and to receive a copy;
2. right to rectification (Article 16): to request correction of inaccurate personal data;
3. right to erasure (Article 17): to request deletion of personal data where the legal basis for processing no longer applies, subject to overriding legal obligations such as financial record retention under Section 20.4.6(b);
4. right to restriction of processing (Article 18): to request that processing be restricted in certain circumstances pending resolution of an objection or rectification request;
5. right to data portability (Article 20): to receive personal data provided by the Subscriber in a structured, commonly used, machine-readable format, where processing is based on contract or consent;
6. right to object (Article 21): to object to processing based on legitimate interests, including the right to object at any time to processing for direct marketing purposes;
7. right to withdraw consent (Article 7(3)): where processing is based on consent, to withdraw that consent at any time without affecting the lawfulness of processing carried out prior to withdrawal. Withdrawal of consent to receive news and update communications does not affect the provision of the Services.

GTHost will respond to verified requests within thirty (30) days. Where a request is complex or numerous, this period may be extended by a further sixty (60) days, with notice provided to the Subscriber within the initial thirty (30) day period.

20.4.6. Data Retention

GTHost retains personal data of EEA Subscribers for the following periods, after which data is deleted or anonymised:

1. account and contact data: for the duration of the service subscription and for three (3) years following account closure, to the extent necessary for legal, tax, and dispute resolution purposes;
2. financial records: seven (7) years, as required by applicable tax and accounting law;
3. technical logs and traffic metadata: up to ninety (90) days in the ordinary course, subject to legal preservation obligations under Section 3;
4. email addresses held for news and update communications: until the Subscriber withdraws consent or unsubscribes, after which the address will be removed from the mailing list within thirty (30) days;
5. copyright infringement records: as specified in Section 16.5.

20.4.7. Supervisory Authority

EEA Subscribers have the right to lodge a complaint regarding GTHost’s processing of their personal data with the data protection supervisory authority in their EU member state of residence or establishment. A list of EEA supervisory authorities is available at edpb.europa.eu/about-edpb/about-edpb/members_en.

21. Modifications to Services or Terms

GTHost reserves the right to modify, update, or revise these Terms of Service, related policies, service descriptions, or technical specifications of the Services at any time.

Subscribers will be notified of changes by email to the address on file.

Changes to pricing are subject to the specific notice period set out in Section 4.

GTHost reserves the right to implement modifications immediately where necessary for security, operational stability, legal compliance, or protection of the network infrastructure.

Continued use of the Services after notification constitutes acceptance of the updated Terms.

22. Governing Law

This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario, Canada, without regard to conflict of law principles.

Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in the Province of Ontario, Canada.

23. Entire Agreement

This Agreement constitutes the entire agreement between the Subscriber and GTHost regarding the use of the Services.

It supersedes any prior agreements, communications, or understandings related to the Services.

GTHost’s failure to enforce any provision of this Agreement will not constitute a waiver of GTHost’s right to enforce that provision or any other provision in the future.

24. Default and Notifications

Monthly Services

1. One (1) day before the end of the subscription period, GTHost will notify the Subscriber that the service will be suspended if payment is not received by the end of the billing period.
2. If payment is not received by the end of the billing period, GTHost will suspend the service and notify the Subscriber. Suspension typically occurs within twenty-four (24) hours of the payment due date.
3. If the bill remains unpaid for three (3) days after the payment due date, the service will be terminated and all Customer Content will be permanently deleted in accordance with Section 12. The Subscriber will be sent a termination notice prior to termination.
4. The Subscriber will not be subject to termination if the outstanding balance is cleared before the termination notice is issued.

Daily Services

1. GTHost will notify the Subscriber twelve (12) hours and one (1) hour prior to the end of the daily service term. The Subscriber must renew the daily subscription or upgrade to a monthly subscription before the end of the service term, otherwise all Customer Content will be permanently deleted upon expiry in accordance with Section 12.
2. The Subscriber will be notified immediately after the daily service term expires without renewal, confirming that the service has ended and that all Customer Content has been deleted.

25. Refund and Disputes

25.1. General Policy

All payments made to GTHost are non-refundable unless explicitly provided otherwise in this Agreement. This policy applies to all charges, including one-time setup fees and subsequent recurring charges, regardless of actual usage.

25.2. Billing Disputes and Chargebacks

• Reporting: All overcharges or billing disputes must be reported within thirty (30) days of the occurrence.
• Chargeback Fee: If a Subscriber disputes a charge to a credit card issuer (chargeback) that is later determined to be valid under this Agreement or the Acceptable Use Policy, the Subscriber agrees to pay an administrative fee of CAD $100.
• Right to Suspend: GTHost reserves the right to suspend all Services and any associated accounts in the event of a chargeback.

25.3. Early Cancellation and Service Recalculation

If a Subscriber requests to change, replace, or cancel a monthly dedicated server before the end of the subscription period, GTHost may, at its sole discretion, recalculate the used portion of the service based on the applicable daily service rate. Such recalculation is available only where explicitly requested by the Subscriber and is not applied automatically or on GTHost’s own initiative.

• Calculation Method: The number of days the server was active will be calculated using the daily pricing applicable to that specific server or to a comparable configuration.
• Rate Adjustment: The daily service rate used for such recalculation may be higher than the prorated daily cost of the monthly service plan, as determined at GTHost’s sole discretion.
• Discretion: GTHost reserves the right to approve or deny such adjustments or recalculations at its sole discretion.

25.4. Account Credit Definition and Restrictions

After recalculating the used service at the daily rate, any remaining unused portion of the original payment may be issued as Account Credit to the Subscriber’s account balance. Subscriber acknowledges and agrees that Account Credit (including credits issued under the SLA in Sections 27–28):

• may be used exclusively to purchase or renew other services from GTHost;
• holds no cash value and cannot be withdrawn, transferred, or converted into any form of currency or cash;
• cannot be refunded to the original payment method (including but not limited to credit cards, bank accounts, or digital wallets) under any circumstances.

26. Proof of Card Ownership

Due to the high volume of identity theft and the use of stolen payment cards, GTHost may request that the Subscriber provide valid photo identification to verify ownership of the payment card used for payment.

All private information is handled in accordance with the privacy provisions described in Section 20 of this document.

27. Service Level Agreement (SLA)

GTHost targets network uptime of 99.999%, measured by the reachability of major routing devices within the GTHost network from multiple independent external monitoring locations. This figure represents a commercial target only and does not constitute a guarantee, warranty, or contractual commitment of availability.

The SLA applies to network availability only. It does not apply to the performance, availability, or data integrity of any individual dedicated server, VPS, or Storage Node.

Exclusions

The SLA does not apply in the following cases:

• Scheduled Network Maintenance: Occasionally network maintenance will be required. GTHost will make reasonable efforts to minimize downtime and provide advance notice where possible. Scheduled maintenance periods are not eligible for SLA credits.
• Hardware Maintenance: Hardware components may require maintenance or replacement. GTHost will make reasonable efforts to minimize any service disruption.
• Software Maintenance: Subscribers are responsible for maintaining their own software environments unless management services are explicitly provided.
• Malicious Attacks: If a third party initiates a Denial of Service (DoS), Distributed Denial of Service (DDoS), or other malicious traffic attack against Subscriber infrastructure or portions of the GTHost network, GTHost will take reasonable action to mitigate the attack but cannot guarantee resolution time.
• Legal Actions: If GTHost is required to take action in response to a legal order or government request, such actions are excluded from SLA calculations.
• Subscriber-Caused Outages: Downtime caused by Subscriber actions, misconfigurations, or violations of this Agreement is excluded from SLA calculations.

28. SLA Remedy

If GTHost fails to meet the network uptime target described in Section 27, the Subscriber may request service credits based on verified service monitoring data. Service credits issued under this SLA constitute the Subscriber’s sole and exclusive remedy for any service interruption, downtime, or network unavailability covered by Section 27. Under no circumstances shall GTHost be liable for any additional compensation, damages, or refunds related to such events.

Key Provisions

• Eligibility: Only Subscribers with active monthly services are eligible for SLA credits. Daily service subscribers are not eligible for SLA credits.
• Responsibility: Regardless of whether GTHost is directly responsible for the downtime, the Subscriber may be eligible for service credit, subject to the exclusions in Section 27.
• Credit Calculation: The Subscriber will receive a credit equal to twelve (12) times the actual duration of downtime. For example, if a Subscriber’s network connection is unreachable for five (5) minutes, the Subscriber will receive sixty (60) minutes of service credit.
• Exclusions: This remedy does not apply to downtime excluded under Section 27 (Exclusions).
• Submission Deadline: All requests for SLA credit must be submitted within five (5) Business Days following the incident, through the support portal at https://cp.gthost.com/en/tickets. Requests submitted after this period will not be considered.
• Maximum Amount: The total amount of service credit issued in any calendar month may not exceed the Subscriber’s monthly recurring service fee for the affected service.
• Exclusive Remedy: The service credit constitutes the Subscriber’s sole and exclusive remedy for covered downtime. No other damages, refunds, or compensation will be provided for downtime, whether direct, indirect, or consequential. See Section 17 for the interaction between this cap and the general liability cap.

29. Support Boundaries

GTHost provides technical support related to infrastructure and network services.

Support does not include assistance with application configuration, software troubleshooting, or customer-managed data environments.

Support is provided exclusively through the ticket system at: https://cp.gthost.com/en/tickets.

Support is available twenty-four (24) hours a day, seven (7) days a week, including public holidays.

GTHost aims to provide an initial response to support tickets within one (1) hour. This is an operational target and does not constitute a contractual service level commitment. Response times may vary during periods of high demand or exceptional circumstances. GTHost does not commit to specific response time SLAs unless agreed in writing as part of a separate support plan.