JavaPipe LLC (“The Company”) agrees to furnish services to the Customer, subject to the following TOS (Terms of Service). All references to JavaPipe LLC will be JavaPipe henceforth.
Use of JavaPipe’s Service constitutes acceptance and agreement to JavaPipe’s AUP as well as JavaPipe’s TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of JavaPipe and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Customer understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
JavaPipe agrees to provide and Customer agrees to purchase the services requested by the Customer from the website signup form, in email or in writing. Customer may add services via any of the 3 methods and agrees to pay in advance for them whether they be 1 time charges or recurring monthly fees.
No changes to this agreement shall be binding except those in writing counter- executed by both parties. Deviations in pricing shall be agreed to in writing. Email shall confirmed by both parties shall suffice.
All billing is assumed recurring until customer has requested cancellation. We only send out E-mail invoices. All credit cards are billed automatically unless you specify otherwise by cancellation request. It is the clients responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, as a courtesy, we will send an email notification, at which point we will need to be provided with another credit card within 48 hours. If we do not receive a response within 48 hours the account will be deactivated as well as any accounts under that account plan.
We currently accept all major credit cards, PayPal and Bitcoin.
Customer credit cards will be billed as JavaPipe LLC or JavaPipe if using Paypal and Google Checkout.
Account Deactivations: Any account deactivated due to non-payment must contact the billing department to reactivate it. We cannot guarantee that your account will be activated.
All Charges are in U.S funds*****
For credit card customers, you will be automatically charged the appropriate amount at the beginning of your accounts billing period. For check/money order customers, JavaPipe must receive your check/money order by the beginning of your billing period. Late payments, credit card refusals, expirations, are subject to suspensions or account terminations at JavaPipe’s discretion.
Automated invoicing is sent out 30 days prior to due date and reminder will be sent 4 days before due. Domain renewal notices are sent 60 days prior to expiration date and again after 30 days. We are not responsible for lost domains after expiration date. We are not responsible for lost domains in case payment isn`t made to JavaPipe LLC.
Failure to Pay
- All invoices are due on their respective due dates.
- Invoices should be paid on or before the due date.
- Services of Invoices that are 3 days overdue are subjected to suspension.
- Services of Invoices overdue by 5 days are subjected to termination and will require a new order to reestablish service.
- Dedicated Servers are suspended after their due date and terminated after 3 days.
- Cancellation requests for Dedicated Servers require 15 days. Unpaid invoices will be subjected to collections.
- Both Suspension and Termination are at JavaPipe`s discretion and no argument or claims will be entertained in case of Suspension or Termination due to unpaid invoices or otherwise violating the Terms and Conditions.
- Domains will expire on expiration date and will not automatically renew if renewal invoice is paid after this date. To renew the domain will require a paid invoice and a notification to support desk by ticket or email that invoice has been paid so that domain can be manually renewed.
- Domain renewal invoices unpaid beyond 30 days will require redemption fee of $275 in order to reclaim expired domain.
Price remains the same from the time you sign up. Prices only changes if you change your billing schedule prior to renewal. To change your billing schedule, send email 30 days before renewal requesting to be billing monthly, quarterly, semi annually or yearly
30 Day Money Back Guarantee/Refunds
All refunds are issued conditionally. To meet refund conditions we require a valid reason where issues were due to fault of JavaPipe and before the 30th day of your service. We strive very hard to correct any faults and you should provide us with opportunity to correct any faults that you’ve experienced. If you do not communicate these faults, then we will assume we’ve met your expectations with the solution that we’ve provided. It is important to us that our solutions meet your needs so please don’t hesitate to let us know if there is a problem with your solution.
The following items are not refundable and excluded from 30 day guarantees:
- Domain name registrations.
- Dedicated servers
- Services with custom configurations.
- DDoS Protection where your attacks have exceeded the limits of your package.
Note: DDoS packages are not refundable after 3 days of usage, or excessive bandwidth use. Please ensure that the package meets your requirements beforehand. Once you sign up for a DDoS package, additional or accruing amounts paid towards JavaPipe`s services will not be refunded. You can request cancellation, in which case you will not be charged after the service date expires. You can request cancellation of a service before the due date, however JavaPipe is not liable to refund you any amount paid where you have not utilized JavaPipe`s services within the service agreement period.
Cancellation Refunds: We do not refund partial monthly fees to accounts canceling after their 30 day initial account activation period. Therefore, only full monthly fees existing on account will be refunded.
The term of this Agreement shall begin upon the date the package is installed and made available to customer and shall be for 1 month and shall renew for successive 1 month terms until terminated by either Party upon the sooner of (i) thirty (30) days prior written notice to the other Party, or (ii) the expiration or termination of all Service(s) set forth in the Statement of Work and all Work Order(s).
5. Termination Due to Breach
In the event that Customer commits a material breach of any of its obligations hereunder, JavaPipe may terminate this Agreement or (at JavaPipe’s sole option) suspend, interrupt or terminate one or more Service(s) to which such breach pertains by sending written notice of termination to Customer with termination effective as of the fifth (5th) calendar day after the date such notice is given.
6. Effects of Termination
Unless the Parties agree otherwise in writing, termination of the Agreement shall also serve to terminate all Service(s) and Statements of Work and to cancel all Work Orders, and Customer shall pay JavaPipe all Fees and Expenses earned or incurred by JavaPipe pursuant to such Service(s), Statements of Work and Work Orders through the date of termination, less any payments made hereunder by Customer prior to said termination. Additionally, all property of each Party which is in possession of the other Party shall be returned to its owner. In the event one or more Service(s) is terminated prior to the expiration of the Term for such Service(s) (other than due to a material breach of this Agreement by JavaPipe.)
We can only accept cancellations through the cancellation request button within clients package details within clients account. Click here for instructions on how to cancel your service.You will then receive email confirmation of your request. This ensures that you will not be billed again for the service that you cancel.
Cancellations must be issued before next invoice due date (or 15 days prior for dedicated servers) otherwise you will be held responsible for that invoice unless written agreement through support ticket.
IMPORTANT: Cancellations for managed or dedicated servers requires a 15 day notice prior to cancellation. If 15 day notice is not established and payment for the last 15 days is not submitted, then unpaid balance will be turned over to collection agency.
8. Warranties of JavaPipe
JavaPipe warrants that the Service(s) shall be provided in a workmanlike and professional manner. Upon JavaPipe s breach of the foregoing warranty, Customer’s sole and exclusive remedy shall be to require JavaPipe to exercise commercially reasonable efforts to repair or replace the nonconforming Service(s); provided, however, that, with respect to any Service(s) which are interrupted or rendered inoperable due solely to JavaPipe`s breach of the foregoing warranty for any time period, Customer shall also be entitled to a pro-rata refund of any Fees attributable to the interrupted or inoperable Service(s) in an amount determined by multiplying the fixed monthly, recurring Fees (if any) for the interrupted or inoperable Service(s) by the ratio that the number of consecutive hours of inoperability bears to 720 hours (for the purpose of this computation, each month is deemed to have 720 hours). JavaPipe will not be liable to any extent whatsoever for interruption, restriction, inoperability or malfunction of any Service(s) which is not caused solely by a breach of the warranty set forth in this Section 8 JavaPipe expressly reserves the right to suspend, interfere with, impair or terminate Service(s) as necessary for purposes of maintenance, upgrades or repair (either by JavaPipe or by any supplier, partner or independent contractor of JavaPipe.) or in the event of any circumstance which JavaPipe, in its sole discretion, deems necessary or desirable to prevent or remedy an impairment of, or harm to, the integrity or functionality of any Service(s) or any plant, services or facilities of any Indemnitees (as defined in Section 11) or of any third party, and neither the exercise nor the non-exercise of the foregoing rights or discretion shall constitute a breach of any provision of this Agreement.
EXCEPT AS SET FORTH IN SECTION 8, JAVAPIPE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, CONTRACTUAL OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF UNINTERRUPTED OR ERROR-FREE OPERATION AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE(S) OR ANY ASPECT THEREOF, AND ALL WARRANTIES WITH RESPECT THERETO ARE HEREBY EXPRESSLY DISCLAIMED.
Customer expressly acknowledges and agrees that proper provision of the Service(s) is dependent upon the provision to JavaPipe. by Customer of timely and accurate information regarding (i) Customer’s needs and expectations regarding the Service(s), and (ii) all operational, technological or other data which Customer knows or should know is relevant to the provision of the Service(s) (collectively “Information”). Customer shall provide the Information to JavaPipe in a timely manner and the Information shall be accurate. Customer agrees that, in the event of Customer’s breach of its obligations in this Section 8, the warranty set forth in Section 8 shall be null and void.
9. Warranties of Customer
Customer hereby covenants, represents and warrants that:
1. Customer will not, and will not permit others to use Service(s)
1. for any unlawful or illegal purpose or in connection with or in furtherance of any unlawful or illegal activity,in violation of any applicable law or regulation,
2. in a manner that will, or is likely to, infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the right of privacy, publicity or other personal rights of others, or
3. in connection with any conduct or activity that is, in the sole opinion of JavaPipe, defamatory, indecent, obscene, offensive, threatening, abusive, hateful, tortuous or violative of the rights of any other person or entity;
2. Customer will not, and will not permit others to, do any act which may interfere with or compromise the security or functionality of any Service(s), including without limitation attempting to probe or test the vulnerability of any system or network connected to or accessible by the Service(s);No equipment owned, leased, maintained by or controlled by Customer or by any third party which is connected to or utilized the Service(s) with the consent of Customer will
1. interfere with or impair any Service(s) or any plant, services or facilities of any Indemnitees or of any third party,
2. unlawfully interfere with or impair the transmission of privacy of any data or communications transmitted over the Service(s) or over any plant, services or facilities of any Indemnitees or of any third party, or
3. create, cause or contribute to the creation or causing of a hazard to any Indemnitees or to any third party.
All payments to JavaPipe which have been serviced beyond 30 days are nonrefundable. 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 and refunds will be given at the discretion of the Company Management.
JavaPipe reserves the right to suspend, interrupt or terminate any Service(s) or this Agreement immediately without further notice in the event of a breach by Customer of Section 8. JavaPipe reserves the right to remove, delete, disable or block transmission of any data or materials which JavaPipe reasonably believes constitute, either alone or in conjunction with other acts, omissions or data or materials, a breach or potential breach by Customer of Section 8. Customer agrees to defend, indemnify and hold harmless JavaPipe, its successors or assigns, subsidiaries, officers, directors, employees, agents, independent contractors, licensees, licensors, suppliers and customers (excluding Customer) (collectively “Indemnitees”) against any and all claims, liability, loss, damage, or harm (including without limitation reasonable legal and accounting fees) suffered by such Indemnitees (including without limitation claims, liability, loss, damage, or harm in connection with death, bodily injury or injury to real or personal property) arising from or in connection with (i) Customer’s purchase or use of any Service(s), including without limitation any claims, liability, loss, damage, harm suffered by such Indemnitees arising from or in connection with the use by any third party of any Service(s) purchased by Customer regardless of whether such use was authorized by Customer, or (ii) Customer’s breach of any provision of this Agreement.
12. Limitation of Liability
Any other provision of this Agreement to the contrary notwithstanding, the aggregate liability of all Indemnitees for any losses or damage, whether direct or indirect, arising out of or in connection with the Service(s), including without limitation any cause of action sounding in contract, tort or strict liability, shall be limited to actual, direct damages incurred but in no event shall exceed the greater of
1. One Thousand Dollars, or
2. The Fees paid by Customer to JavaPipe during the two (2) months preceding the month in which liability arose for the Service(s) in connection with which such liability arose. JavaPipe shall not be liable for lost profits or other consequential damages, cover damages, or for any claims against Customer by any third party, even if JavaPipe was advised of the possibility of same. Under no circumstances shall JavaPipe be liable hereunder for special damages, consequential damages, general damages, incidental damages, indirect damages, or exemplary or punitive damages. No action arising out of this Agreement, regardless of form, may be brought by Customer against JavaPipe more than one (1) year after the cause of action arose. Without limiting the foregoing:
Customer acknowledges that JavaPipe is not responsible for controlling or monitoring any content, information, data or other materials stored on, transmitted via, or accessible through use of, the Service(s), and JavaPipe will have no liability to Customer whatsoever in connection with such content, information, data or other materials (including without limitation the accuracy or suitability thereof or unauthorized access or damage to, alteration, theft, corruption destruction or loss of, Customer s data or other materials); JavaPipe will have no liability to Customer whatsoever in connection with any harm or loss arising from or in connection with unauthorized access to the Service(s); and all Indemnitees are expressly made third party beneficiaries of this Section 11.
This Section 11 shall survive expiration or termination of this Agreement for any reason whatsoever.
13. Proprietary/Confidential Information
JavaPipe and Customer acknowledge that proprietary and confidential information (including without limitation trade secrets) (collectively “Proprietary Information”) of each Party may be disclosed to the other Party throughout the term of this Agreement. Each Party agrees to not reverse engineer, decompile, disclose to any third party, or to use for any purpose not strictly required for such Party’s performance hereunder, such Proprietary Information except to the extent that such Proprietary Information was:
1. made publicly available by the owner of the Proprietary Information or lawfully disclosed by a non-party to this Agreement;
2. lawfully obtained from any source other than the owner of the Proprietary Information
3. independently developed by personnel of the receiving Party to whom Proprietary Information had not been previously disclosed and not based on or derived from such Proprietary Information; or
4. previously known to the receiving Party without an obligation to keep it confidential. Customer will not contract directly with any subcontractor relationships that JavaPipe has under this agreement or are connected to future services related to this agreement or that are of the same nature. Anything to the contrary herein notwithstanding, JavaPipe may disclose such information to its successors or assigns, subsidiaries, officers, directors, employees, agents, independent contractors, licensees, licensors and suppliers which have signed and are bound by a suitable non-disclosure agreement with JavaPipe in order for JavaPipe to perform the service in this contract. The obligations set forth in this Section 12 shall survive the termination of this Agreement for any reason whatsoever for a period of three (3) years; provided, however, that, with respect to Proprietary Information which constitutes a trade secret, the obligations set forth in this Section 12 shall survive the termination of this Agreement for any reason whatsoever for so long as such Proprietary Information constitutes a trade secret under applicable law.
14. Force Majeure
If either Party shall be prevented from performing any portion of this Agreement (except the payment of money) by causes beyond its control, including labor disputes, civil commotion, war, governmental regulations or controls, casualty, inability to obtain materials or Service(s) or acts of God, such Party shall be excused from performance for the period of the delay and the time for such Party’s performance shall be extended for a period of time equal to the duration of such delay.
15. Construction, Venue, Jurisdiction
This Agreement and any claim, action, suit, proceeding or dispute arising out of or in connection with this Agreement shall in all respects be governed by, and interpreted in accordance with, the substantive laws of the State of Utah. Venue for any actions arising under this Agreement shall vest exclusively in courts located in the State of Utah. Customer hereby submits to the jurisdiction of the aforementioned courts, and agrees that it will not assert lack of personal jurisdiction as a defense to any such action. Customer acknowledges that their attorney has reviewed and participated in the construction of this document and nothing herein shall be viewed as to have favorable construction.
No waiver of any right or remedy shall be valid unless in writing and delivered to the other Party, and waiver of a right or remedy on one occasion by a Party shall not be deemed a waiver of such right or remedy on any other occasion.
This Agreement, including all referenced or attached exhibits, schedules, attachments or documents, sets forth the entire agreement and understanding between the Parties pertaining to their subject matter and supersedes all prior or contemporaneous discussions, agreements, promises or understandings between the Parties. Neither Party shall be bound by any conditions, definitions, warranties, understandings nor representations with respect to such subject matter other than as expressly provided in this Agreement.
18. Superior Agreement
This Agreement shall not be supplemented or modified by any course of dealing or trade usage. Addition to or variance from the terms and conditions of the Agreement by Customer, including without limitation any additional or varying terms contained in Customer’s preprinted forms, correspondence or other documents transmitted to JavaPipe, shall be of no effect, unless otherwise expressly provided in the Agreement.
This Agreement is not assignable by Customer, in whole or in part, voluntarily or involuntarily, including by operation of law or by merger in which Customer does not survive, without JavaPipe’s prior written consent. Any attempted assignment without JavaPipe’s written consent shall be null and void.
Unless otherwise agreed to by the Parties, all notices required under the Agreement shall be delivered in writing, addressed and sent to the address provided herein and to the attention of the Party executing the Agreement or the person’s successor, by either
- registered mail,
- certified mail, return receipt requested, or
- overnight mail, or
- by telephone facsimile transfer
- email that is replied to as accepted – appropriately directed to the attention of the Party executing the Agreement or that person’s successor. Unless otherwise agreed to by the Parties, all notices required under the Agreement shall be deemed effective when received.
If any provision of the Agreement is held invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same Agreement.
23. Service Level Agreements (SLA)
JavaPipe SLA for non-DDoS services provide guaranteed SLA of 99.9% network uptime. Services that include DDoS mitigation are ‘Best Effort SLA` and JavaPipe makes no guarantees due to DDoS constant changing nature. DDoS mitigation service provided is based on several templated filtering solutions best designed for the type of hosting, web, game, minecraft or camfrog. Any customizations to improve DDoS mitigation for particular customer requires additional fees. These fees are used to cover resources to provide those customizations such as special ACL rules, DDoS filtering adjustments and whitelisting.
For non-DDos services a customer experiences anything less than 99.9% uptime of the JavaPipe service a credit will be added to the account upon request. Downtime is defined as the inability to transmit or receive data due to the failure of shared hosting server or network switch. JavaPipe will provide a 10% credit to the affected server or shared account for each hour of downtime beyond 0.1% per month. No customer may receive credits totaling more than one month of service per affected server or shared account. Downtime is measured from the time a trouble ticket is opened by the affected customer to the time JavaPipe determines the issue to be resolved. Scheduled maintenance is excluded from this agreement.
24. DDoS Protection Limits
JavaPipe PipeGuard DDoS mitigation limitations are based on your package selection. The result of NULLED IP is equal to your server being inaccessible by your users. JavaPipe makes no guarantees of DDoS protection due to the nature of ever changing attacks – all DDoS protection is considered best effort. There will be cases in which the DDoS limits are exceeded, and JavaPipe is not liable for any such intrusions or downtime suffered as a result. JavaPipe does not guarantee protection from all types of DDoS attacks all the time.
25. Help and Support
The protection purchased from JavaPipe makes you eligible to use our filters and systems for the duration of the service agreement. You are also eligible to use our Support Desk for assistance within that duration. JavaPipe`s help is limited to the package or service provided. In no case will JavaPipe provide assistance for external setups outside the JavaPipe services or servers. JavaPipe assumes that you have prior knowledge of your services and have a familiarity with internet based servers and systems. In case support resources are abused or instructions disregarded, the services can be suspended or terminated without notice from JavaPipe.
26. Account Activation
By activating your account with JavaPipe, you agree to the above policies and disclaimer. Upon requesting an account activation, you are required to accept these policies, guidelines, and Terms of Service, and a copy of your acceptance is forwarded along with your activation request to be maintained within your account information.
NOTICE: If you sign up for an account and do not follow our terms, no refunds will be given. We will however, let you know by email or phone before any action is taken, and you will have a chance to solve the matter.
FURTHERMORE, JavaPipe retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without prior notification.