To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online .If you have questions or about these privacy policies or require additional information please send an email to legal@pingpipe.com.We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order. We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties. We use non-identifying and aggregate information to better design our website. We may send you e-mail regarding our new features, news, or other important update information. We may use various methods to collect information including, cookies and/or IP addresses.
Where the content states: "We" includes PingPipe Internet Corporation ("PINGPIPE") or any party acting on PINGPIPE's implicit instructions. "You" includes the person purchasing the services or any party acting on the customer's instructions. "Member" includes the purchaser of services or any party acting on the purchaser's instructions. "The Registrant" includes the person applying for a domain name or any party acting on the Registrant's instructions. "The Registry" refers to the relevant domain names Registry. "Server" means the computer server equipment in connection with the provision of the Services. "Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet. "TOS" includes this agreement. The typical time for the provisioning of new orders is 3 business days after the day we receive payment for the order. Unless the order takes longer than 3 business days to complete or we have made other arrangements in advance, the renewal date for all subsequent periods of service will be based on the date on which payment was received for the order. If the order takes longer than 3 business days to complete, the client may request that the renewal date for subsequent periods of service to be updated to reflect the actual date on which service was deployed. PINGPIPE reserves the right to modify this policy at any time, effective immediately upon posting of the modification to this URL: http://www.pingpipe.com/tos.php. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:
1.1 We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.
1.2 The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.
1.3 We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
1.4 We shall not release any domain to another provider unless full payment for that domain has been received by us.
2.1 We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
2.2 You shall effect and maintain adequate insurance coverage in respect of any loss or damage to data stored on the Server.
2.3 You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that:
2.3.1 You will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third part; nor will you authorize or permit any other person to do so.
2.3.2 You will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable as determined by PINGPIPE in any way.
(b) any material containing a virus or other hostile computer program.
(c) any material which constitutes, or encourages the commission of a criminal offence, or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
2.3.2.1. You will not use any method to change, mask,hide, or otherwise obscure the source of any IP packet, included but not limited to the use of "spoofing", open proxies or relays, or the use of any other inaccurate or unauthorized information or domain name, including top level domain, in a PTR or other reverse DNS record that provides for IP to name resolution, including PINGPIPE's DNS servers or any other server to which IP to name resolution authority is delegated or otherwise assigned.
2.3.3 You will not send bulk email, whether opt-in or otherwise, from our network. Nor will you promote a site hosted on our network using bulk email.
2.3.4 You will not employ programs which consume excessive system resources including, but not limited to, processor cycles and memory. We do not host IRC, IRC bots, or other server resource intensive programs.
2.3.5 If you surpass your allotted disk/bandwidth usage as set forth in your purchased plan, you agree to purchase the excess. Overages are billed at $0.25/GB. Such payment to be immediate and non-disputable.
2.4 We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez, Underage Adult, illegal, or Copyrighted MP3 content.
2.5 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft, or unauthorized disclosure of your password or other security information.
2.6 You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.
2.7 Members utilizing free hosting shall exclude themselves from promotions offered and afforded to paying Members.
2.7.1 Members utilizing free hosting shall display a banner as supplied by PINGPIPE.
2.8 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
2.8.1 Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A Member shall not use another site's mail server to relay mail without the express permission of the site.
2.8.2 It is contrary to PINGPIPE policy for you to use our servers to effect or participate in any of the following activities:
To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list.
To send mass e-mailings; whether unsolicited, opt-in, or otherwise.
To engage in any of the foregoing activities using the service of another provider, but channelling such activities through a PINGPIPE provided server, or using a PINGPIPE provided server as a mail drop for responses.
To falsify user information provided to PINGPIPE or to other users of the service in connection with use of a PINGPIPE service.
2.8.2(a) Consequences of Violation:
When PINGPIPE becomes aware of an alleged violation of its Acceptable Use Policy, PINGPIPE will initiate an investigation. During the investigation PINGPIPE may restrict Member's access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, PINGPIPE may, at its sole discretion, restrict, suspend, or terminate Member's account and/or pursue other civil remedies. If such violation is a criminal offense, PINGPIPE will notify the appropriate law enforcement department of such violation. PINGPIPE will be the sole arbiter as to what constitutes a violation of its Terms of Service.
2.8.2(b) You shall be held liable for any and all costs incurred by PINGPIPE as a result of your violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. PINGPIPE’s current hourly rate for Postmaster responses to complaints and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations and/or any other complaint is US $100 per hour, with a minimum one (1) hour charge, plus US $1 for each bulk-email or Usenet message sent, plus US $40 per complaint received in the same 90 day period after the first three, plus administration fees.
2.8.3 PINGPIPE does not issue service credits for any outages incurred through service disablement resulting from Policy violations.
2.9 Any access to other networks connected to PINGPIPE must comply with the rules appropriate for those other networks.
2.10 While we will use every reasonable endeavour to ensure the integrity and security of our shared Servers, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
2.11 You may cancel the Services at any time by logging into the Ticket Desk Support System (for verification) and requesting cancellation of services.
2.12 You agree not to reverse engineer, decompile, dissemble. modify or create derivative works of any software provided to you by PINGPIPE.
2.13 You agree to abide by our Acceptable Use Policy as published on our website.
3.1 We shall use our reasonable endeavours to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.
3.2 We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is expected to last for more than 7 days you will be notified of the reason. As a reseller or sub-client, it is your responsibility to take care of backup for sites that may be yours or ones under you. We also reserve the right to disallow services/hosting to any client as we feel necessary and hold no liability. Also please note that we do not offer any sort of compensation on our network uptime guarantee aside from those outlined in our Service Level Agreement.
3.3 The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.
4.1 PINGPIPE shall not be in default under this agreement if the failure to perform obligation is due to any even beyond PINGPIPE's control, including but not limited to natural disaster, war, riot, insurrection, epidemic, stikes, or events of a similar magnitude.
5.1 All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.
5.2 Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given. If you choose to pay by credit or debit card you authorize PINGPIPE to debit your account renewal fees from your card.
5.3 All payments must be in US Dollars.
5.4 If your payment is returned by the bank for any reason, you will be liable for an administration charge of $45.
5.5 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.
5.6 All payments to PingPipe are nonrefundable. This includes any setup fees and any subsequent charges regardless of usage.
5.7 PingPipe reserves the right to process client credit cards from 1 to 7 days before the actual due date to ensure that the funds are received by the due date.
6.1 If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
6.2 If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
6.3 If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.
6.4 No refunds will be made for Services suspended in accordance with 5.1, 5.2 and 5.3 or at PINGPIPE's sole discretion, for any violation of our Acceptable Use Policy and/or Terms of Service.
6.5 We reserve the right to suspend the Services and/or terminate this Agreement at any time if PINGPIPE believes, in its sole discetion, that you have violated our Terms of Service and/or Acceptable Use Policy. You are not liable for any credit for the time your service is suspended.
6.6 You may cancel services at any time by logging into the Ticket Desk Support System in your client area (for verification) and requesting cancellation of services. At least 30 day's notice before the end of your current billing cycle is required.
6.7. All payments to PingPipe Internet Corporation are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in PingPipe Internet Corporation's' sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay PingPipe Internet Corporation an "Administrative Fee" of not less than $50 and not more than $150.
6.8. You will not cause IP's assigned to your account to be listed on any blacklist, including (but not limited to) Spamhaus/ROKSO.
6.8 On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it.
7.1 You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.
8.1 All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to sub clause.
8.2 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the amount you are paying for one month services.
8.3 In any event no claim shall be brought unless you have notified us of the claim within 30 days of it arising.
8.4 In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
8.5 You are responsible for monitoring Bandwidth and Disk space usage. If you go over the amount indicated in your current plan; you will assessed a surcharge.
9.1 Any notice to be given by either party to the other may be sent by email to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and shall unless the contrary is proved be deemed to be received on the day it was sent.
10.1. All information pertaining to support services for your account is included in the welcome notice you receive when we create your account. If you did not receive a welcome notice email, please contact our Support Team. There are several reasons an email may not reach you.
10.2 The support feature of our service at present time consists of our Support System solving server related problems related to the initial install only. Select software training is available for an additional fee. Contect our Sales Department for details.
10.2.1 If you require support for your scripting, there are several online tutorials available we can help you find.
10.3 Support can only be addressed in English through our Support System.
10.4 All Support requests are to be processed through our Support System.
11.1 This Agreement shall be governed by and construed in accordance with Canadian law. The parties to this agreement agree that any dispute shall be adjudicated in Vancouver, British Columbia, Canada.
12.1 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
13.1 No one shall post defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
13.2 Any abuse towards any PINGPIPE employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner. Any cursing, yelling, or intentional disruptive behaviour aimed at PINGPIPE or its employees shall be considered a violation of this TOS.
13.3 Any threat; whether verbally, orally, written, or delivered by second parties directed towards PINGPIPE or any of it's employees, partners, equipment, and concerns shall be construed as a violation of this TOS.
13.4 Any conduct viewed as violating this section shall be considered a violation of this TOS. PINGPIPE will be the sole arbitrator in regards to what is deemed a violation.
13.5 No refunds shall be given when the contents of this section necessitates removal of the account.
14.1 These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. If any section of this Agreement is deemed to be unenforceable by a court the unenforceability shall not invalidate or extend to this agreement as a whole, all other parts of this agreement shall remain in effect. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
14.2 PINGPIPE reserves the right to amend these TOS at any time.
14.3 It is your responsibility to check these Terms of Service on occasion for any such amendments.
PingPipe is maxium dedicated.