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Pipe Ten Hosting Ltd. ("The Company") agrees to furnish services to
the Subscriber, subject to the following TOS (Terms of Service).
Use of Pipe Ten Service constitutes acceptance and agreement to Pipe
Ten's AUP as well as Pipe Ten's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service)
of Pipe Ten. and AUP (Acceptable Use Policy). The AUP may be changed
from time to time at the discretion of the Company. Subscriber understands
that change to the AUP by the Company shall not be grounds for early
contract termination or non-payment.
Disclosure to Law Enforcement: The AUP specifically prohibits the use
of our service for illegal activities. Therefore, Subscriber agrees that
the Company may disclose any and all subscriber information including
assigned IP numbers, account history, account use, etc. to any law enforcement
agent who makes a written request without further consent or notification
to the Subscriber. In addition Pipe Ten shall have the right to terminate
all service set forth in this Agreement.
Service Rates: Subscriber acknowledges that the nature of the service
furnished and the initial rates and charges have been communicated to
Subscriber. Subscriber is aware that the Company may prospectively change
the specified rates and charges from time to time. The promotional offer
is contingent upon Company achieving and maintaining its cost of service
goals including but not limited to rates charged to company by its suppliers.
Credit / Payment: Credit Terms are not provided.
The customer is responsible for all charges on the service account until a written cancellation request is received by standard mail signed by the Administrative Contact for that account or submitted through the online support ticket system. If you wish to terminate your contract you should give us written notice at least 5 days before the renewal date of your contract with us. If you fail to send us this notice of termination within 5 days of the date your contract is automatically renewed then you shall become liable for the fee for your next billing period in full. If it is not terminated for any reason then it automatically renews for a further term of your chosen recurring billing period on each anniversary or each month of you agreeing to its terms (i.e. the date you made your application). If your account/service is activated before payment is made then payment must be sent in full by return. If payment is not made in full within 14 days all technical support for the site will be revoked. If payment is still not made in the following 7 day period your account will be suspended on our systems. If payment is still not made in the following 7 day period, your account will be deleted from our servers and all DNS services will stop. All packages have a minimum term of 30 days unless the package has been paid for 1 year in advance in which case a 1 year commitment is required.30 days prior to the end of your contract, you will receive a renewal invoice. If paying monthly, you will receive a monthly statement, available through your control panel. Refunds will not be provided.
Refund and Disputes: All payments to Pipe Ten are nonrefundable unless they qualify for a money back guarantee. This
includes the one time setup fee and subsequent charges regardless of
usage. All overcharges or billing disputes must be reported within 60
days of the time the dispute occurred. If you dispute a charge to your
credit card issuer that, in Pipe Ten's sole discretion is a valid charge
under the provisions of the TOS and/or AUP, you agree to pay Pipe Ten
an "Administrative Fee" of not less than £50 and not
more than £150.
Failure to Pay: The Company may temporarily deny service or terminate
this Agreement upon the failure of Subscriber to pay charges when due.
Such termination or denial will not relieve Subscriber of responsibility
for the payment of all accrued charges, plus reasonable interest and
any collection fees.
Money back guarantee: Qualification for a money guarantee is strictly limited to those specific accounts that the offer is advertised on and the account must be cancelled within the first 30 days starting from when the account is activated and is only applicable to accounts paid by credit card. Failure to do so will leave the subscriber liable for all costs accrued on the account. Any usage of extra services on the account that are outside the included quotas and services must also be paid for in full even if the account is cancelled within the first 30 days.
Account Cancellation: Requests for canceling accounts may be made by
email or post with at least 30 days notice but not more than 60 days
prior written notice. You must have all account information to cancel.
Subscriber acknowledges that the service provided is of such a nature
that service can be interrupted for many reasons other than the negligence
of the company and that damages resulting from any interruption of service
are difficult to ascertain. Therefore, subscriber agrees that the company
shall not be liable for any damages arising from such causes beyond the
direct and exclusive control of the company. Subscriber further acknowledges
that the company's liability for its own negligence may not in any event
exceed an amount equivalent to charges payable by subscriber for services
during the period damages occurred. In no event shall the company be
liable for any special or consequential damages, loss or injury.
New Domain Accounts: All new web hosting accounts involving new domains
will be set up and entered into our DNS servers within 3 to 5 business
days. Due to unforeseen complications, however, this process may sometimes
require up to 7 business days. If the new domain is registered by the
account holder, there will be no handling fee. If the domain is registered
by Pipe Ten. on behalf of the account holder a handling fee will be incurred.
Transfer of Domains: New web hosting accounts which involve the transfer
of a domain from another provider to Pipe Ten. will require a minimum
of seven (7) days to be set up and entered into our DNS servers. In some
cases, such transfers may take up to sixty (60) days. Due to the unpredictable
nature of the transfer process, no guarantees are made regarding the
amount of time a specific transfer may take. If the transfer of the domain
is done by Pipe Ten. on behalf of the account holder a handling fee will
be incurred. If the customer cancels service during the transfer period
for any reason, all charges are considered earned.
Support Boundaries: Pipe Ten, provides 24 x 7 technical support to our
subscribers (except for few holidays and short company meetings when
we close our center). We limit our technical support to our area of expertise.
The following is our guidelines when providing support: Pipe Ten provides
support related to your server or virtual site physical functioning.
Pipe Ten does not offer tech support for application specific issues
such as cgi programming, html or any other such issue. Pipe Ten does
not provide technical support for YOUR customers. Lastly, the Help files
in the program you are using may have the answer to your question so
please do investigate these resources before contactin tech support.
NetworkIP Address Ownership: If Pipe Ten assigns Customer an Internet
Protocol address for Customer's use, the right to use that Internet Protocol
address shall belong only to Pipe Ten, and Customer shall have no right
to use that Internet Protocol address except as permitted by Pipe Ten
in its sole discretion in connection with the Services, during the term
of this Agreement. Pipe Ten shall maintain and control ownership of all
Internet Protocol numbers and addresses that may be assigned to Customer
by Pipe Ten, and Pipe Ten reserves the right to change or remove any
and all such Internet Protocol numbers and addresses, in its sole and
absolute discretion. Our allocation of IP addresses is limited by ARIN's
new policies. These new policies state that use of IP addresses for IP
based virtual hosts will not be accepted as justification for new IP
addresses. What this means to you is that you MUST use name-based hosting
where possible. We will periodically review IP address usage, and if
we find that clients are using IP addresses where name-based hosting
could be used, we will revoke authorization to use those IP addresses
that could be used with name-based hosting.
Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage
shall not exceed the number of megabytes per month for the Services ordered
by Customer on the Order Form (the "Agreed Usage"). Pipe Ten
will monitor Customer's bandwidth and disk usage. Pipe Ten shall have
the right to take corrective action if Customer's bandwidth or disk usage
exceeds the Agreed Usage. Such corrective action may include the assessment
of additional charges, disconnection or discontinuance of any and all
Services, or termination of this Agreement, which actions may be taken
is in Pipe Ten's sole and absolute discretion. If Pipe Ten takes any
corrective action under this section, Customer shall not be entitled
to a refund of any fees paid in advance prior to such action. In the
event that a customer exceeds the included allocation, Pipe Ten may,
at its sole discretion, collect a deposit, in an amount at the rates
listed on www.pipeten.com.
Pipe Ten reserves the right to amend its policies at any time. All Sub-Networks,
resellers and managed servers of Pipe Ten must adhere to the above policies.
Failure to follow any term or condition will be grounds for immediate
Cancellation. You will be held responsible for the actions of your clients
in the matter described on these Terms and conditions. Therefore, it
is in your best interest to implement a similar or stricter Terms and
conditions or otherwise called Acceptable Terms of use policy.
Indemnification: Pipe Ten wishes to emphasize that in agreeing to the
Pipe Ten Acceptable Use Policy (AUP) and Terms of Service (ToS), customer
indemnifies Pipe Ten for any violation of the Acceptable Use Policy (AUP)
and Terms of Service (ToS) that results in loss to Pipe Ten or the bringing
of any claim against Pipe Ten by any third-party. This means that if
Pipe Ten is sued because of a customer's or a customer of a customer's
activity, the customer will pay any damages awarded against Pipe Ten,
plus all costs and legal fees.
Miscellaneous Provisions: You must provide us with, and keep current,
good contact information for you. E-mail, fax, and telephone contacts
are used, in that order of preference.
A waiver by the Company of any breach of any provision of this Agreement
by Subscriber shall not operate as or be construed as a continuing or
subsequent waiver thereof or as a waiver of any breach of any other provision
thereof.
Subscriber shall not transfer or assign this Agreement without the prior
written consent of the Company. Company may assign Agreement at anytime
without consent from or notice to Subscriber. Company reserves right
to cancel customers rights under this contract at anytime without further
obligation.
Pipe Ten is not responsible for any damages your business may suffer.
Pipe Ten does not make implied or written warranties for any of our services.
Pipe Ten denies any warranty or merchantability for a specific purpose.
This includes loss of data resulting from delays, non-deliveries, wrong
delivery, and any and all service interruptions caused by Pipe Ten.
Pipe Ten reserve the right to change these terms without notice. |