Terms of Service.

PingPipe web hosting services.

2.0 We shall be under no liability for non-receipt or mis-routing of email, or for any other failure of email.
2.1 You agree to not reverse engineer, decompile, dissemble, modify, or create derivative works of any software provided to you by PingPipe.
2.2 You agree to abide by our Acceptable Use Policy.
2.2.1 (a) When we become aware of a violation of our policies we will initiate an investigation. During the investigation we may restrict your account access in order to prevent further possible unauthorized activity. Depending on the severity of the violation we may, at our own discretion, restrict, suspend, or terminate your account and/or pursue other civil remedies. If such violation is a criminal offence, we will notify the appropriate law enforcement department of such violation. PingPipe will be the sole arbitrator of what constitutes a violation of our Terms of Service and Acceptable Use Policy (AUP).

Service Availability.

3.1 We shall use our reasonable endeavours to make available to you at all times your account Services.
3.2 We shall have the right to suspend your account Services at any time and for any reason, generally without notice, and with no liability.

Force Majeure.

4. PingPipe shall not be in default of this agreement if the failure to perform obligation is due to any event beyond PingPipe's control, including but not limited to natural disaster, war, riot, insurrection, epidemic, strikes, or events of a similar magnitude.

Payment.

5.1 All charges payable by you for your account shall be in accordance with the scale of charges and rates published from time to time on our web site, and shall be due in advance of our service provision. We reserve the right to change pricing at anytime although all pricing is guaranteed for the period of prepayment.
5.1.1 You will ensure that the credit card information that is associated with your account in your myPingPipe.com client portal is current and valid.
5.2 You authorize PingPipe to debit your account charges from your credit card.
5.3 All payments must be in US dollars.
5.4 If your payment is returned by the bank for any reason, an administration charge of $45 will be applied.
5.5 Without prejudice to our other rights and remedies, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of services to you.
5.6 All payments to PingPipe are non-refundable.
5.7 PingPipe reserves the right to process credit cards from 1 to 7 days before the due date to ensure that the funds are received by the due date.
5.8 Our payment gateway provider for online transactions is Authorize.net, and their secure Customer Information Manager (CIM) payment tokenization service. This Customer Information Manager (CIM) payment tokenization service establishes a hosted connection with Authorize.Net that is separate from our website and servers and allows the exchange of sensitive cardholder data to be securely encrypted and happen completely on Authorize.net secure servers.
5.9 The typical time for the provisioning of new orders is within 1-3 business days (or less) after verification of invoice payment for the order.

Termination.

6.0 If you fail to pay any sums due to us as they fall due, we may suspend your account and/or Services and/or terminate the account Agreement without notice to you.
6.1 No refunds will be made for services suspended, or for violation of our Acceptable Use Policy and/or Terms of Service.
6.2 You may cancel services at anytime by entering a billing support ticket from your myPingPipe.com client portal and requesting cancellation of services. At least seven day's notice before the end of your current billing cycle is required.

Indemnity.

7.0 You shall indemnify us and hold us harmless from and against any breach by you of these terms, and any claim brought against us by you or a third party resulting from the provision of services from us to you, and your use of your account services, including, without limitation, all claims, actions, proceedings, expenses (including legal costs incurred by us). We shall not be liable to you for damages for breach of any express or implied warranty or condition, breach of contract, negligence, strict liability or any other legal theory related to the services.

Limitation of Liability.

8.0 Our total aggregate liability to you for any claim arising out of or in connection with the provision of the services shall be limited to the amount you are paying for one month service.
8.1 No claim shall be brought unless you have notified us of the claim within 30 days of it arising.
8.2 No personal liability or personal responsibility of any kind can be asserted or enforced against any individual working for or on behalf of PingPipe with respect to any breaches of any terms in this agreement or any of its attachments.
8.3 PingPipe will have no liability at all for claims, losses, actions, damages, suits, or proceedings resulting from our efforts to address or mitigate security breaches (including, but not limited to, eavesdropping), third party access to Client data or assigned computers, third party access or misuse of passwords provided to PingPipe, the interception of sent or received traffic, re-licence or exposure for other reasons of personally identifiable information or private data (including that of Client's own Clients and of other users), denial of service attacks, viruses, worms and other third party interference, loss of data or access to data, actions of third parties, including without limitation agents or contractors of PingPipe, their actions outside of their work, mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or other failures of performance.
8.4 In no event shall we be liable to you for any loss of business, contracts, profits, or anticipated savings or for any other indirect, incidental, special, punitive. consequential or economic loss whatsoever.
8.5 You are responsible for monitoring your bandwidth usage.

Support.

9.0 All information regarding support services for your account is in the Welcoming email that you receive when your services are activated.
9.1 The support system consists of solving server-related problems related to the initial install only.
9.2 Should you ask us to log into your server and do work other than outlined in section 9.1, your will be advised of our remote hands fee in advance of work being done.
9.3 All support requests are to be made through our secure ticketing system, which is accessible the myPingPipe.com client portal. To log into your myPingPipe.com client portal you can also follow the link under "support" on our homepage

Law.

10.0 These Terms of Service together with our Acceptable Use Policy and Service Level Agreement shall be in accordance with Canadian law. The parties involved agree that any dispute shall be adjudicated in Vancouver, British Columbia, Canada. Headings included in this agreement for convenience only and shall not affect the construction or interpretation of this agreement.

Entire Agreement.

11.0 In signing up for service you have signified that you have completely read, fully understand, agree to and will abide by these Terms of Service, together with the PingPipe web hosting service Acceptable Use Policy, and Privacy Policy. You further are signifying that that PingPipe reserves the right to amend these Terms of Service, and/or our Acceptable Use Policy, and/or Service Level Agreement at anytime. You also understand that it is your responsibility to check our website periodically for any such amendments.