- General Terms of Service
- Acceptable Use Policy
- Service Level Agreement
- Domain Registration Agreement
- Geotrust Refund Policy
General Terms of Service
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.
Acceptable Use Policy
JavaPipe’s Acceptable Use Policy (“AUP”) is provided to give our customers and users a clear understanding of what JavaPipe expects of them while using the service. All users of JavaPipe Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).
Use of JavaPipe Service constitutes acceptance and agreement to JavaPipe AUP as well as JavaPipe TOS (Terms of Service)
This Acceptable Use Policy applies to all persons and entities (collectively, “customers”) using the products and services of JavaPipe including Internet service. The policy is designed to protect the security, integrity, reliability, and privacy of both the JavaPipe network and the products and services JavaPipe offers to its customers. JavaPipe reserves the right to modify this policy at any time, effective immediately upon posting of the modification. Your use of JavaPipe products and services constitutes your acceptance of the Acceptable Use Policy in effect at the time of your use. You are solely responsible for any and all acts and omissions that occur during or relating to your use of the service, and you agree not to engage in any unacceptable use of the service.
Unacceptable use includes, but is not limited to, any of the following
Also prohibited are sites that promote any illegal activity or present content that may be damaging our servers or any other server on the internet. Links to such materials are also prohibited.
Examples of unacceptable content or links: Pirated software hacker programs or archives, warez sites, Any Site that consumes more than 20% of system resources
If at any time your site consumes 20% or more of our systems resources you will be contacted to resolve the problem
JavaPipe servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots.
All account plans come with a predetermined amount of traffic allowance. You are given the opportunity to upgrade plan or have it become suspended.
Spamming, or the sending of unsolicited email, from an our servers or using an email address or domain that is maintained on our servers machine as reference is STRICTLY prohibited. JavaPipe|JavaPipe will be the sole arbiter as to what constitutes a violation of this provision.
Spamming (Unsolicited Email)
Spamming, the sending of unsolicited mass email from or through a JavaPipe hosting service or using an email address that is maintained on a JavaPipe machine is STRICTLY prohibited, and will not be tolerated. JavaPipe will be the sole arbiter as to what constitutes a violation of this provision. Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but reference in the spam a web site hosted on a JavaPipe server, or if they sell or distribute software on their web site that facilitates spamming. Violators will be assessed a minimum fine of $600 and will face immediate suspension.
If you maintain a large mailing list, please notify us before hand so we can determine if it is acceptable or not.
No one shall post unlawful or defamatory information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
We only allow clients to install their own chat rooms on Virtual Private or Dedicated servers. These tend to be a large drain on system resources and we cannot allow it on shared hosting systems.
Background Running Programs
We may allow programs to run continually in the background such as cron jobs. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed. You will be notified before charges are incurred
Use of build servers, such as Hudson, Jenkins, Bamboo, or Controltier on shared hosting environment is forbidden. If you need run these builds, then please purchase Virtual or Dedicated server instead.
Any attempt to undermine or cause harm to a server, or customer, of JavaPipe is strictly prohibited.
Even attempting to view any system files or to alter material that is not owned by your username, will result in immediate removal of your account. Mere possession of any scripts related to hacking, DDoS, sniffing, or smurfing will lead to an effort on our part to track your destination and prosecute to the full extent of the law.
To report abuse send email to firstname.lastname@example.org
Resale of Services
Resale of JavaPipe poducts and services without the express prior written consent of JavaPipe. (Unless you are authorized reseller)
Exporting, re-exporting, or permitting downloads of any content in violation of the export or import laws of the United States or without all required approvals, licenses and exemptions.
Electronic Communications Privacy Act Notice
JavaPipe makes no guarantee of confidentiality or privacy of any information transmitted through or stored upon JavaPipe’s technology, and makes no guarantee that any other entity or group of users will be included or excluded from JavaPipe network. In addition, JavaPipe may periodically monitor transmissions over its network for maintenance, service quality assurance or any other purpose permitted by the Electronic Communications Privacy Act, P.L. No. 99-508, as amended.
Refusal of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion.
Consequences of Violation
When JavaPipe becomes aware of an alleged violation of its Acceptable Use Policy, JavaPipe will initiate an investigation. During the investigation JavaPipe may restrict customer ‘s access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, JavaPipe may, at its sole discretion, restrict, suspend, or terminate customer’s account and/or pursue other civil remedies. If such violation is a criminal offense, JavaPipe will notify the appropriate law enforcement department of such violation.
JavaPipe|JavaPipe does not issue service credits for any outages incurred through service disablement resulting from Policy violations.
If you are unsure of whether any contemplated use or action is permitted, please contact JavaPipe at email@example.com
Service Level Agreement
JAVAPIPE LLC is proud to offer high level of performance, stability and service. We wish to convey our commitment to our customers in form of a Service Level Agreement (SLA). This will provide clarification on rights and remedies regarding our performance of services that we offer.
1. Descriptions of Service
JavaPipe provides Java Hosting, DDoS protection services and DDoS protected dedicated servers to customers across the world. A brief description of our services is provided below.
- Tomcat Hosting: JavaPipe provides Tomcat and JDK based java hosting on a shared environment, this service is priced on the basis of memory requirements of a customer. JavaPipe also provides dedicated servers customized for java hosting using industry best practices.
- DDoS Protection Services: JavaPipe provides protection services for customers affected by Distributed Denial of Service Attacks (DDoS) originating on internet from various rogue sources around the world. Protection is applicable for game servers, application servers and web sites. This service uses high tech hardware and software filtering effectively blocking bad traffic while passing legitimate traffic to customers real server..
- Dedicated Servers: This service is an extension of JavaPipe’s DDoS Protection Services and is provided to customers needing a secure and dedicated environment to host their game servers, app servers and web sites. This eliminates the need for proxying the traffic and vastly improves latency related problems that a customers might face, especially with gaming applications.
2. Service Standards
2.1 Service Availability: All of JavaPipe’s services are available 24 hours 7 days a week. For this JavaPipe has established a help desk which is monitored by qualified technicians. All Our services have a minimum response time of 2 hours and resolution time of 6 hours. We also offer additional support levels named Sidekick and Superior which provide response times of 1 hour and 15 minutes respectively and include additional SLA benefits.
2.2 Service Credits and Guarantee: To quality for service credits and guarantee, you must have Sidekick or Superior support packages, dedicated server(s) or our 100% uptime managed web hosting solutions. Guarantees are based on support packages features and include uptime guarantees of 99.5% uptime or better. Basic support is excluded from SLA credits and guarantees.
Uptime credits are applied only to qualified outages that affect customers of Sidekick and Superior support, and dedicated servers and 100% uptime custom managed web hosting.
|Uptime level for the month||Compensation or credits (% of monthly fee)|
No credit shall exceed the total monthly fee of the provided service.
2.3 Operating hours are round the clock. Maintenance is scheduled well in advance and is communicated to all the customers beforehand through online noticeboard and emails. General maintenance is scheduled twice in a month and is performed with minimum downtime possible.
2.4 Response times and resolution times may be longer during an emergency situation or during a disaster.
2.5 Response times and resolution times may differ for different services.
3.1 Duration of the services are determined by the payment terms selected during the ordering process.
3.2 Order Date is the start date for the services which is then provided on a monthly, quarterly, biannually or yearly basis, based on the payment received.
3.3 Similarly End date of the service is also determined by the payment received.
3.4 Billing is recurring by default until service is canceled. You must request cancellation through your client area to cancel your services.
4. Roles and Responsibilities
4.1 Additional to the help desk, information related to services are provided through online knowledge base, FAQs and Welcome emails. Customers are requested to go through this resources before lodging a formal complaint through help desk. Articles are self explanatory and saves time for both customer and help desk personnel by providing specific information that is needed during consumption of our services.
4.2 Complaints lodged through help desk will be attended by a billing or support staff, anything that is not resolved during a specific time period will be escalated to support manager and service engineers.
Basic Support: Support is available over email and through the ticketing system. Response time is guaranteed within 6 hours, usually sooner.
- Customer monitors their own proxy uptime.
- We will handle system wide monitoring
6. Feedback and reports
6.1 We encourage customer feedback about any a spect of our services.
6.2 We strive to ensure customer satisfaction at all times, and in case of any problems, we do our best to solve any problem to our mutual satisfaction.
6.3 Reports are provided as an add-on for several services including DDoS protection.
6.4 Due to the nature of this reporting, we charge a nominal fee for the reports related to the service that the customer has been using.
7. Exceptions (Limitations)
This SLA will not apply, and Customer will not be entitled to receive a credit or exercise a termination right under this SLA, for any event that adversely impacts the Service that is caused by:
- The acts or omissions of Customer, its employees, contractors or agents or its end users. For example, customer negligence and honest mistakes that cause downtime of their services.
- Issues related to proxy customer’s real server or their hosting provider’s network. For example where customers remote server goes down or is blocking connections from their DDoS protected remote proxy.
- Force Majeure Events; including but not limited to Acts of God, government regulation, labor strikes, natural disaster, and national emergency.
- Scheduled service maintenance, alteration or implementation.
- The failure or malfunction of equipment, applications or systems not owned or controlled by JavaPipe. Telco (bandwidth providers) and data center failures that are not part of our immediate infrastructure.
- Hardware failures within JavaPipe infrastructure (2 hour hardware replacement time).
- We cannot guarantee storage data integrity in case of filesystem corruption. It is customers responsibility to establish data backups using their own means or JavaPipe service.
Domain Registration Agreement
By using the Service(s), you agree to all terms and conditions of this Agreement, the AUP (define below) and the rules, policies, or agreements published in association with specific of the Service(s) and/or which may be enforced by ICANN, the registries, and governments.
PASSAGE OF TIME:
This Agreement will change over time. If, as a result of such a change, you no longer agree with the terms of this Agreement, you agree that your exclusive remedy is to transfer your domain name registration services to another registrar or request of us that we cancel your domain name registration services. If you continue to use the Services following a change in this Agreement and/or the Services, your continued use of the Services indicates your consent to the changes. Any such revision or change will be binding and effective within 30 days of when the revised Agreement or change to the Service(s) is posted to Java|Pipe’s website, or 15 days after you view the revised Agreement or 15 days after notification is sent to the e-mail address provided in association with your domain name registration. You agree to review this Agreement periodically to make yourself aware of any such revisions.
You must create an account to use the Services. Your account is going to be managed and/or provided by Java|Pipe. You are responsible for maintaining and updating all login IDs, passwords, and for all access to and use of your account by you or any third party.
SERVICE(S) PROVIDED AT WILL AND TERMINATION OF SERVICE(S):
Java|Pipe may reject your domain name registration, hosting application or elect to discontinue providing Service(s) to you for any reason within 30 days of a Service initiation or a Service renewal. Outside of this period, Java|Pipe may terminate or suspend the Service(s) at any time for cause, which, without limitation, includes registration of prohibited domain name(s), abuse of the Services, payment irregularities, serious allegations of illegal conduct, or if your use of the Services involves us in a violation of any Internet Service Provider’s (“ISP’s”) acceptable use policies, including the transmission of unsolicited bulk email. You agree that if we terminate or suspend the Services provided to you under this Agreement, that we may then, at our option, make either ourselves or a third party the beneficiary of Services which are substantially similar to those which were previously providing to you and that any reference in this Agreement to termination or suspension of the Services to you includes this option. If we have grounds to terminate or suspend Service(s) with respect to one domain name or in relation to other Service(s) provided through your account, we may terminate or suspend all Service(s) provided through your account, including Service(s) to other domain names. No fee refund will be made when there is a suspension or termination of Service(s) for cause. At any time and for any reason, we may terminate the Services 30 days after we send notice of termination via mail or email, at our option, to the account contact information provided in association with your account registration. Following notice of termination other than for cause, you must transfer your domain name or risk that we may delete your domain name or suspend or modify Services to it. If we terminate Services for a reason other than cause, we will attempt to refund your fees. You further acknowledge and agree that your registration of a domain name is subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar or registry administrator procedures approved by an ICANN-adopted policy, to correct mistakes by us, another registrar or the registry administrator in administering the domain name or for the resolution of disputes concerning the domain name.
Domain name registrations are not effective until the registry administrator puts them into effect. For a list of registry administrators and for more information on TLDs, see HYPERLINK http://www.icann.org/tlds/. Domain name registrations are only for limited terms, terms that end on the expiration date. For domain names which are created as a new registration out of the available namespace, the term begins on the date the domain name registration is acknowledged by the applicable registry; for domain names registrations which were not returned to the available namespace, the term begins on the date the previous registrant’s domain name registration was acknowledged by the applicable registry. You agree that we are not liable or responsible in any way for any errors, omissions or any other actions by the registry administrator arising out of or related to a request to register, renew, modify the settings for, or transfer of a domain name registration (our limitation of liability is explained further, below). You further agree that domain name registration is a service, that domain name registrations do not exist independently from services provided pursuant to this or a similar registration agreement with a registrar, and that domain name registration services do not create a property interest. YOU WARRANT THAT YOUR USE OF OUR SERVICES IS NOT GOING TO SUBJECT US TO ANY CLAIM(S). You further agree to indemnify, defend and hold harmless us, and applicable registry administrator(s) (including Verisign Inc., Neulevel, Inc., Public Interest Registry, Afilias Limited, and other registry operators listed at http://www.icann.org/registries/listing.html) and all such parties’ directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including any direct, indirect, incidental, special or consequential damages and reasonable legal fees and expenses) arising out of, or related to, the domain name registration services you are obtaining from us. Registered domains can be used with JavaPipe’s web hosting or other internal or external hosting services.
NOT INCLUDED IN THE SERVICES:
Without limitation, the following are not included in the Services: We cannot and do not check to see whether the domain name(s) you select, or the use you make of the domain name(s), or other of the Service(s), infringes legal rights of others. It is your responsibility to know whether or not the domain name(s) you select or use infringes legal rights of others. We might be ordered by a court to cancel, modify, or transfer your domain name; it is your responsibility to list accurate contact information in association with your account and to communicate with litigants, potential litigants, and governmental authorities. It is not our responsibility to forward court orders or other communications to you. We will comply with court orders unless you contact us to contest the order.
IF LAWSUIT(S) ARE THREATENED:
If we are sued or threatened with lawsuit in connection with Service(s) provided to you, we may turn to you to indemnify us and to hold us harmless from the claims and expenses (including attorney’s fees and court costs). Under such circumstances, you agree that you will, upon demand, obtain a performance bond with a reputable bonding company or, if you are unable to obtain a performance bond, that you will deposit money with us to pay for our reasonably anticipated expenses in relation to the matter for the coming year. Such deposit will be drawn down as expenses are incurred, with all account notices sent to the WHOIS contact information provided in association with your domain names and/or account. We shall not be obliged to extend you any credit in relation to such expenses and we may terminate the Services for a failure to make or renew such a deposit. We will return any unused deposit upon the later of one year from deposit or the conclusion of the matter.
DISPUTE RESOLUTION POLICY:
You agree to the Uniform Domain Name Dispute Resolution Policy (“UDRP”), which is available at http://www.icann.org/udrp/udrp-rules-24oct99.htm and http://www.icann.org/dndr/udrp/policy.htm . You agree that the UDRP may be changed by ICANN (or ICANN’s successor) at any time. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy in effect at the time your domain name registration is disputed by the third party. You also agree that, in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions of the UDRP. You also understand that it is important for you to regularly monitor email sent to the email address associated with your account and domain names because, among other reasons, if a dispute arises regarding Services provided to you, you may loose your rights to receive the Services if you do not respond expeditiously to an email sent in conjunction therewith.
All domain name registrations and renewal sales are final. As consideration for the Service(s), renewal of the Service(s), and, if you select it, automatic renewal of the Service(s), you agree to pay, prior to the effectiveness of the desired Service(s), the applicable Service(s) fees. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term, unless this Agreement specifically provides for a refund. At our option, we may require that you pay fees through a particular payment means (such as by credit card or by wire transfer) or that you change from one payment provider to another.
CREDIT CARD AND OTHER CHARGES:
If you have an issue with credit card charges, you should contact us regarding the issue before you contact your credit card company to request a charge back or reversal of the charges. In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) in connection with your payment of fees for any Service(s), you agree that we may suspend access to any and all accounts you have with us and/or and that all rights to and interest in and use of any domain name registration(s) services, website hosting, and/or email services, including all data hosted on our systems and/or on the systems of your Primary Service Provider shall be assumed by us or, as the case may be. We will reinstate your rights to and control over these Services solely at our discretion, and subject to our receipt of the unpaid fee(s) and our then-current reinstatement fee, currently set at $200(US Dollars). EXPIRATION AND RENEWAL OF SERVICE(S): You acknowledge that it is your responsibility to keep your own records and to maintain your own reminders regarding when your domain name registration or other Services are set to expire. As a convenience to you, and not as a binding commitment, we may notify you via an email message or via your account when renewal fees are due. Should these fees go unpaid, your Services will expire or be cancelled. Payment must be made by credit card or such other method as we may allow or require from time to time. If you select automatic renewal of the Service(s), we may attempt to renew the Service(s) a reasonable time before expiration, provided your credit card or other billing information is available and up to date. You acknowledge that it is your responsibility to keep your billing information up to date and that we are not required to, but that we may, contact you to update this information in the event that an attempted transaction is not processed successfully. *Please note: for certain TLDs, the automatic renewal option is not available.
ACCOUNT CONTACT INFORMATION AND DOMAIN NAME WHOIS INFORMATION:
As further consideration for the Service(s), you agree to provide certain current, complete and accurate information about you, both with respect to your account information and with respect to the WHOIS information for your domain name(s). You agree to maintain and update this information as needed to keep it current, complete and accurate. With respect to you, the administrative, technical, and billing contacts for your domain name registration(s) and other Service(s), you must submit the following: name, postal address, e-mail address, voice telephone number, and where available, fax number. You agree that the type of information you are required to provide may change and you understand that, if you do not provide the newly required information, your registration or and/or other Service(s) may be suspended or terminated or may not be renewed. Not providing requested information may prevent you from obtaining all Service(s). You may provide information regarding the name-servers assigned to your domain name(s) and, if we are providing name-server services to you, the DNS settings for the domain name. If you do not provide complete name-server information, or if you purchase “Name Only” Services, you agree that we may supply this information (and point your domain name to a website of our choosing) until such time as you elect to supply the name-server information or until such time as you elect to upgrade from “Name Only” Services.
YOUR OBLIGATIONS AND REPRESENTATIONS RELATING TO THE ACCOUNT AND WHOIS CONTACT INFORMATION:
In the event that, in registering a domain name or obtaining other Service(s), you provide information about or on behalf of a third party, you represent that you have (a) provided notice to that third party of the disclosure and use of that party’s information as set forth in this Agreement, and (b) that you have obtained the third party’s express consent to the disclosure and use of that party’s information as set forth in this Agreement. By registering a domain name or applying for other Service(s) you also represent that the statements in your application are true and you also represent that the domain name is not being registered or the Services being procured for any unlawful purpose. You acknowledge that providing inaccurate information or failing to update information promptly will constitute a material breach of this Agreement and will be sufficient basis for suspension or termination of Services to you. You further agree that your failure to respond for over ten (10) calendar days to inquiries by us concerning the accuracy of account and WHOIS contact information shall constitute a material breach of this Agreement and will be sufficient basis for suspension or termination of Service(s) to you. As indicated elsewhere in this Agreement, you understand that it is important for you to regularly monitor email sent to the email address associated with your account and WHOIS contact information because, among other reasons, if a dispute arises regarding a domain name(s) or other Service(s), you may loose your rights to the domain name(s) or your right to receive the Service(s) if you do not respond appropriately to an email sent in conjunction therewith.
ACCESSING YOUR ACCOUNT AND AN IMPORTANT LIMITATION OF OUR LIABILITY:
In order to change any of your account or domain name WHOIS information, you must access your account with your Primary Service Provider (if any), or your account with us. Please safeguard your account login identifier and password from any unauthorized use. You agree that any person in possession of you account login identifier and password will have the ability and your authorization to modify your account and domain name information. We will take reasonable precautions to protect the information we obtain from you from loss, misuse, unauthorized access or disclosure, alteration or destruction of that information and that such reasonable precautions include procedures for releasing account access information to parties who claim to have lost account access information. You agree that, if we take reasonable precautions in relation thereto, that IN NO EVENT SHALL WE BE LIABLE IF SUCH REASONABLE PRECAUTIONS DO NOT PREVENT THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD AND THAT, EVEN IF WE FAIL TO TAKE REASONABLE PRECAUTIONS, THAT OUR LIABILITY UNDER ANY CIRCUMSTANCES SHALL BE LIMITED BY THE LIMITATION OF LIABILITY PROVISION FOUND BELOW IN THIS AGREEMENT. If you contact us alleging that a third party has unauthorized access to your account or domain names, you agree that we may charge you administrative fees of $50 (US dollars) per hour for our time spent in relation to the matter, regardless of whether or not we return control over the account and/or domain names to you.
You agree that transfer of your domain name(s) services shall be governed by ICANN’s transfer policy, available at http://www.icann.org/transfers/, as this policy may be modified from time to time. You agree that we may place a “Registrar Lock” on your domain name services and that this will prevent your domain name services from being transferred without your authorization, though we are not required to do so. By allowing your domain name services to remain locked, you provide express objection to any and all transfer requests until the lock is removed. To transfer your domain name(s) you should first login to your account to lock or unlock your domain name(s) and/or to obtain the EPP “AuthCode” which is required to transfer domain services in an EPP registry (such as .org). Only the registrant and the administrative contacts listed in the WHOIS information may approve or deny a transfer request. Without limitation, domain name services may not be transferred within 60 days of initial registration, within 60 days of a transfer, if there is a dispute regarding the identity of the domain name registrant, if you are bankrupt, or if you fail to pay fees when due. We will follow the procedures for both gaining and loosing registrars as outlined in ICANN’s transfer policies. Transfer requests typically take five business days to be processed. A transfer will not be processed if, during this time, the domain name registration services expire in which event you may need to reinstate the transfer request. You may be required to resubmit a transfer request if there is a communication failure or other problem at either our end or at the registry. AS A CONSEQUENCE, YOU ACKNOWLEDGE THAT YOU ASSUME ALL RISK FOR FAILURE OF A TRANSFER IF THE TRANSFER PROCESS IS INITIATED CLOSE TO THE END OF A REGISTRATION TERM.
You agree and consent that we will make available the domain name registration information you provide or that we otherwise maintain to the following parties: ICANN, the registry administrator(s), and to other third parties as ICANN and applicable laws may require or permit (including through web-based and other on-line WHOIS lookup systems), whether during or after the term of your domain name registration services of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of such information. Additionally, you acknowledge that ICANN may establish or modify the guidelines, limits and/or requirements that relate to the amount and type of information that we may or must make available to the public or to private entities, and the manner in which such information is made available. Information regarding ICANN’s guidelines and requirements regarding WHOIS can be found at http://www.icann.org/registrars/wmrp.htm, http://www.icann.org/registrars/wdrp.htm, and elsewhere on the ICANN website at http://www.icann.org/index.html. You agree that we may make publicly available, or directly available to third parties, some, or all, of the information you provide, for purposes of inspection (such as through our WHOIS service) or for targeted marketing and other purposes as required or permitted by applicable laws. One of the ways that we may make some or all of the information you provide available to the public or third parties is by way of bulk WHOIS data access provided to third parties who enter into a bulk WHOIS data access agreement with us.
AFTER EXPIRATION OF THE TERM OF A DOMAIN NAME REGISTRATION:
Immediately after the expiration of the term of domain name registration services and before deletion of the domain name in the applicable registry’s database, you acknowledge that we may direct the domain name to name-servers and IP address(es) designated by us, including, without limitation, to no IP address or to IP address(es) which host a parking page or a commercial search engine that may display advertisements, and you acknowledge that we may either leave your WHOIS information intact or that we may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name. Reactivation Period Process. For a period of approximately 30 days after expiration of the term of domain name registration services, you acknowledge that we may provide a procedure by which expired domain name registration services may be renewed. You acknowledge and agree that we may, but are not obligated to, offer this process, called the “reactivation period.” You acknowledge that you assume all risks and all consequences if you wait until close to or after the expiration of the original term of domain name registration services to attempt to renew the domain name registration services. You acknowledge that we, for any reason and in our sole discretion, may choose not to offer a reactivation period and that we shall not be liable therefore. You acknowledge that reactivation period renewal processes, if any, may involve additional fees which we and your Primary Service Provider may determine. You acknowledge and agree that we may make expired domain name services(s) available to third parties, that we may auction off the rights to expired domain name services (the auction beginning close to the end or after the end of the reactivation period), and/or that expired domain name registration services may be re-registered to any party at any time. After the reactivation period, you agree that we may either (i) discontinue the domain name registration services at any time thereafter, (ii) that we may pay the registry’s registration fee or otherwise provide for the registration services to be continued, or, (iii) if we auctioned the domain name services to a third party, that we may transfer the domain name registration services to such third party. In the case of (i), above, you acknowledge that certain registry administrators may provide procedures by which discontinued domain name registration services may nonetheless be renewed. You acknowledge and agree that we may, but are not obligated to, participate in this process, typically called the “Redemption Grace Period” (“RGP”). You acknowledge that we, for any reason and in our sole discretion, may choose not to participate in the RGP process with respect to any or all of your domain name registration services and that we shall not be liable therefore. If available, RGP typically ends between 30 and 42 days after the end of the reactivation period of the domain name services, as the reactivation period applied to you. The typical RGP fee is $160 plus any registration fees. You agree that we are not obliged to contact you to alert you that the domain name registration services are being discontinued. In the case of (ii), above, you acknowledge that we may then set the name-servers and the DNS settings for the domain name services, that we set the DNS to point to no IP address or to IP address(es) which host parking page(s) or a commercial search engine that may display paid advertisements, and you acknowledge that we may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name. You acknowledge that we do not have to pay you any of the proceeds, if any, we may earn as a result. You agree that we are not obliged to contact you to alert you that the domain name registration services are being continued. In this case, the domain name will be designated as being in the extended redemption grace period (“ERGP”), and you will be allowed to assume, during the first 120 days of the then extant registration term, complete management of the domain name services, including the right to control the DNS settings, provided that you pay a fee of $160 (US dollars) plus any registration fees. After the end of the 120-day period, if you do not exercise your rights under this provision, you agree that you have abandoned the domain name services, and relinquish all rights and use of the domain name services. In the case of (iii), above, the third party who won the auction for the domain name services will control the domain name services, including control over the WHOIS information and the DNS settings. You may recover the domain name registration services for a period of up to 42 days after the end of the reactivation period, as such reactivation period applied to you. You agree that we are not obliged to contact you to alert you that the domain name registration services are or were auctioned. You acknowledge that we do not have to pay you any of the proceeds, if any, we may earn as a result of such an auction. To exercise your rights to recover auctioned domain name services, you must contact us and provide us with a certified letter addressed to “Expiration Recovery” and including documents setting forth your identity and address, which identity and address must be the same as that of the registrant as it was listed in the WHOIS information for the domain name services prior to expiration, a copy of a commonly accepted (in the United States) picture ID (such as a drivers license or passport) which supports your identity and address claim, a front and back photocopy of your credit card and you must a statement authorizing payment of the reinstatement fee to such credit card, which is $160 plus any registration fees. In doing so, you must provide us with sufficient time to allow us to receive and evaluate your documents and to contact the auction winner prior to the end of 30 days after the end of the reactivation period of the domain name services.
LIMITATION OF LIABILITY:
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION, DOMAIN NAME REGISTRATION SERVICES, (2) USE OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION DOMAIN NAME REGISTRATION SERVICES, (3) INTERRUPTION OF OUR SERVICES OR INTERRUPTION OF YOUR BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR WEB SITE(S) OR SERVICE(S) OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO A DOMAIN NAME REGISTERED WITH US; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) THE PROCESSING OF AN APPLICATION FOR A DOMAIN NAME REGISTRATION; (8) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (9) APPLICATION OF THE DISPUTE POLICY. YOU ALSO AGREE THAT NEITHER WE NOR YOUR PRIMARY SERVICE PROVIDER WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE OR YOUR PRIMARY SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR OR YOUR PRIMARY SERVICE PROVIDER’S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME, BUT IN NO EVENT GREATER THAN FOUR HUNDRED DOLLARS ($400.00 US Dollars). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR AND/OR YOUR PRIMARY SERVICE PROVIDER’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
With respect to ICANN, the registry operators, us, and your Primary Service Provider, as well as the contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties, you agree to release, indemnify, and hold such parties harmless from all liabilities, claims and expenses, including attorney’s fees and court costs, for third party claims relating to or arising under this Agreement, the Service(s) provided hereunder, or your use of the Service(s), including, without limitation, infringement by you, or by anyone else using the Service(s) we provide to you, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policies relating to the Service(s) provided. When we may be involved in a suit involving a third party and which is related to our Service(s) to you under this Agreement, we may seek written assurances from you in which you promise to indemnify and hold us harmless from the costs and liabilities described in this paragraph. Such written assurances may include, in our sole discretion, the posting of a performance bond(s) or other guarantees reasonably calculated to guarantee payment. Your failure to provide such assurances may be considered by us to be a breach of this Agreement by you and may, in our sole discretion, result in loss of your right to control the disposition of domain name services for which you are the registrant and in relation to which we are the registrar of record. This indemnification is in addition to any indemnification required under the UDRP. REPRESENTATIONS AND WARRANTIES: YOU REPRESENT THAT, TO THE BEST OF YOUR KNOWLEDGE AND BELIEF, NEITHER THE REGISTRATION OF A DOMAIN NAME NOR THE MANNER IN WHICH IT IS DIRECTLY OR INDIRECTLY USED NOR THE USE OF OTHER OF THE SERVICE(S) INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY. YOU FURTHER REPRESENT AND WARRANT THAT ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR PROCUREMENT OF THE SERVICE(S) IS ACCURATE. ALL SERVICE(S) ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS. EXCEPT FOR OUR STATEMENT REGARDING OUR ACCREDITATION AS ICANN-APPROVED DOMAIN NAME REGISTRARS, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE(S), INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR E-MAIL FORWARDING OR OTHER EMAIL SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OUR E-MAIL SERVICE(S) OR ANY TRANSACTIONS ENTERED INTO THROUGH OUR E-MAIL SERVICE(S). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GOVERNING LAW AND JURISDICTION FOR DISPUTES: Except as otherwise set forth in the UDRP or any similar ccTLD policy with respect to any dispute over a domain name registration this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Utah, as if the Agreement was a contract wholly entered into and wholly performed within the State of Utah. You agree that service of process on you by us in relation to any dispute arising under this Agreement may be served upon you by first class mail to the address listed by you in your account and/or domain name WHOIS information or by electronically transmitting a true copy of the papers to the email address listed by you in your account and/or domain name WHOIS information. Notwithstanding the foregoing, for the adjudication of third party disputes (i.e., disputes between you and another party, not us) concerning or arising from use of domain names registered hereunder, you acknowledge and agree that you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (a) of the domain name holder’s domicile, and (b) where we are located, currently Utah.
You agree that any notices required to be given under this Agreement by us to you will be deemed to have been given if delivered in accordance with the account and/or domain name WHOIS information you have provided.
You attest that you are of legal age to enter into this Agreement.
This Agreement and the UDRP, together with all modifications, constitute the complete and exclusive agreement between you and us, and supersede and govern all prior proposals, agreements, or other communications. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of us to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of us.
Geotrust Refund Policy
Valid for: True BusinessID, QuickSSL, QuickSSL Premium
If the certificate does not work as intended and you need to cancel or refund, GeoTrust will cancel or refund fees following issuance or renewal of aTrue BusinessID, QuickSSL, QuickSSL Premium upon request by the Subscriber within four (4) days of issue date even though 7 days is posted on Geotrust’s website. This is due to our reseller relationship with Geotrust.
Geotrust Subscriber Agreements:
JavaPipe resells Geotrust certificates as a value added product to provide discount and convenience for their customers. JavaPipe is required to comply with Geotrust policies.