Pipe Hosting is an Internet Service Company and a provider of Virtual Hosting,
Dedicated Hosting and Co-Location Services. The goal of Big Pipe Hosting
is to provide our clients with the best service possible for an enjoyable
Internet experience. Big Pipe Hosting is committed to and supports the free
flow of information and ideas over the Internet. Big Pipe Hosting does not
actively monitor nor does Big Pipe Hosting exercise any editorial control
over the content of any web site, electronic mail transmission, mailing
list, news group or other material created or accessible over Big Pipe Hosting
Networks services. However, Big Pipe Hosting reserves the right to remove
any materials Big Pipe Hosting does become aware of that are, in Big Pipe
Hosting Networks sole discretion, potentially illegal, could subject Big
Pipe Hosting Networks to liability, or violate this policy. E-mail spamming,
spamming of URLs, using of unauthorized copyrighted materials, and posting
of Illegal content (such as child pornography) are grounds for termination
and may result in the customer being reported to law enforcement. The use
of services is subject to the following terms and conditions.
Big Pipe Hosting Networks may amend this agreement on an as needed basis
by updating this posting, and your continued use of Big Pipe Hosting's services
following each updated posting shall be deemed to be your acceptance of
any such modification. Furthermore, it is your responsibility to monitor
this Terms and Conditions page of the Big Pipe Hosting site regularly to
determine whether the terms and conditions have been modified. If changes
to terms and conditions or pricing have been made, these changes will take
effect immediately. If clients do not agree with the Terms and Conditions
of Big Pipe Hosting Networks or any modifications or changes to this Agreement,
clients must immediately stop using Big Pipe Hosting services.
TERMS OF CONTRACT
Big Pipe Hosting Networks is engaged in the business of providing customers
with networking and telecommunications services
through its telecommunications facilities (individually a ‘Facility’
or collectively the “Facilities”). Customer desires to enter
into an agreement with Big Pipe Hosting Networks for the use of the Facilities
for the purpose of installing equipment and accessing transmission capacity,
and Big Pipe Hosting Networks desires to grant to Customer the right to
use certain of Big Pipe Hosting Networks Facilities. Now therefore, in
consideration of the following mutual exchange of promises and covenants,
the parties agree as follows:
II. GRANT OF LICENSE
(a) Customer to the terms and conditions contained herein, Big Pipe Hosting
Networks hereby grants to Customer a nonexclusive
license to install, operate, and maintain certain communications equipment
of Customer in the Facilities. Customer shall
have use of space within the Facilities as approved by Big Pipe Hosting
(b) Big Pipe Hosting Networks hereby reserves all rights not specifically
granted to Customer, including, without limitation, the right to:
(1) access to and use of each Facility for its own use and for the use
of its agents and customers; (2) grant additional
licenses to other users; and (3) exercise or grant other rights not inconsistent
with the rights granted hereunder.
(c) This Agreement is expressly made subject and subordinate to the terms
and conditions of any underlying ground or
facilities lease or other superior right by which Big Pipe Hosting Networks
has acquired its interest in each Facility.
(d) At any time, without notification, Big Pipe Hosting Networks may modify
the location of any Facility and all or any portion of the Equipment Space
designated for Customer’s equipment.
(e) Customer shall not directly interconnect its equipment to any other
carrier's or customer's collocated equipment at the
facility without the express written consent of Big Pipe Hosting Networks,
which consent shall not be unreasonably withheld.
Big Pipe Hosting states that we expect our network will be available 99.99%
of the time in a given month (no more than 5 minutes downtime per month),
excluding scheduled maintenance. Network uptime includes functioning of
all network infrastructure including routers, switches and cabling. Network
uptime does NOT include software or server specific problems. Network
downtime exists when a particular customer is unable to transmit and receive
data due to network failure and Big Pipe Hosting records such failure
in the Big Pipe Hosting trouble ticket system. Network downtime is measured
from the time the trouble ticket is opened by a customer to the time the
server is once again able to transmit and receive data.
All bandwidth fees must be paid within 10 days of invoice. If bandwidth
that has been paid for in advance is not used that bandwidth will be carried
over and added to the next month's bandwidth. A customer's first Invoice
will be sent once that customer selects an amount of bandwidth that they
would like to purchase. Payments may be made by Paypal (credit card or
bank account), wire transfer, money order, cashiers check, western union,
or personal check. Credit cards are accepted through Paypal.com. As soon
as payment is made the account will be set up and be made active.
V. TECHNICAL SUPPORT
Any technical issues regarding problems with account setup, server software
problems, or any problems that are directly connected with Big Pipe Hosting's
services with be corrected free of charge. Tech support is available 24
hours a day 7 days a week through the support page of this website. All
other tech support requests such as help with script setups, MYSQL, PHP,
PERL, and the adding of modules will be done free of charge - within reason.
VI. ACCESS TO FACILITY; INSTALLATION AND MAINTENANCE OF EQUIPMENT
In its use of the Facility, Customer shall not interfere with Big Pipe
Hosting Networks or other customers or tenants. Customer shall
not connect its equipment to that of any customer of Big Pipe Hosting
Networks within the Facility. Customer shall have access to the Facility
and the Equipment Space as determined by Big Pipe Hosting Networks facility
VI. ACCEPTANCE OF FACILITY
The installation of equipment by Customer shall be conclusive evidence
that Customer accepts the Facility “as is, “ and
that the Facility is suitable for the use intended by Customer and is
in satisfactory condition at the time the equipment was
VII. COMPLIANCE WITH LAWS
Customer shall at its own cost and expense, comply with all applicable
federal, state, and local laws, rules, regulations,
ordinances and requirements, whether now in force or hereinafter enacted,
relating to Customer's use of the Facilities. E-mail spamming, spamming
of URLs, using of unauthorized copyrighted materials, and posting of Illegal
content (such as child pornography) are grounds for termination and may
result in the customer being reported to law enforcement.
VIII. WAIVER OF LIABILITY; INDEMNIFICATION
Big Pipe Hosting Networks and Customer hereby agree that:
(a) Neither party shall be liable to the other party, and each party hereby
waives all claims against the other party, for any
injury or damage to any property in or about the Facility by or from any
cause whatsoever other than by reason of the
negligence or willful act of the other party. The foregoing notwithstanding,
such waiver shall not include the cost of repairing
(b) Neither party shall be liable to the other party or anyone claiming
under or through the other party for any injury, inconvenience, loss or
damage to the other party caused by failure of equipment, or by the malfunctioning
or interruption of any service, utility, facility, or installation supplied
by the other party, or the owner, principals, employees or agents of each,
or any other person, if the failure, malfunction or interruption was beyond
the reasonable control of the other party.
(c) NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT,
SPECIAL, EXEMPLARY OR
PUNITIVE DAMAGES, LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES.
IX. TERMINATION IN THE EVENT OF CASUALTY OR CONDEMNATION
In the event of any damage, destruction or condemnation of the Facility
that renders the Facility unusable or inoperable,
Big Pipe Hosting Networks shall have the right to terminate this Agreement
and all of its duties and obligations.
X. EVENTS OF DEFAULT
(a) The occurrence of any one or more of the following events shall constitute
a default and breach of this Agreement by
Customer (“Events of Default”);
(1) Customer’s failure to pay bandwidth charges, recurring monthly
charges, initial non-recurring installation charges, or other amounts
when due, if such failure continues for a period of five (5) business
days after written notice has been given to Customer.
(2) Customer’s failure to perform or observe any other material
term, covenant or condition of this Agreement, (ii) the
installation by Customer of any equipment in the Facility without first
obtaining Big Pipe Hosting Networks consent, or (iii) Customer’s
vacation or abandonment of the Facility, if the failure continues for
ten (10) days after written notice has been given to
(b) Upon the occurrence of any Event of Default, Big Pipe Hosting Networks
may, without notice or demand and in addition to any other right or remedy
available at law or equity, terminate this Agreement and remove all of
Customer’s equipment from the
Facility and store the same at Customer’s expense. Customer expressly
waives any damages occasioned by such
removal. Any equipment so removed will be returned to Customer upon payment
in full of all storage costs and past due
charges. Big Pipe Hosting Networks may exercise all rights of a secured
party over such equipment including the right to sell same and retain
possession of any sale proceeds. Big Pipe Hosting Networks exercise of
any remedies provided for in this section shall be without prejudice to
any other remedies Big Pipe Hosting Networks may have provided for herein
or by law.
XI. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the
laws of the State of Nevada.
Big Pipe Hosting Networks and Customer hereby expressly agree that this
Agreement constitutes a mere license and not an interest in the Facility,
except as set forth herein.
No waiver by either party of any default or breach of the other party’s
performance of any term, condition or covenant of this
Agreement shall be deemed to be a waiver of any subsequent default or
breach of the same or any other term, condition or
covenant contained in this Agreement.
XIV. TERMS AND HEADINGS
The section titles of this Agreement shall have no effect upon the construction
or interpretation of any part hereof.
This Agreement shall inure to the benefit of and be binding on the parties,
and their heirs, successors, assigns and legal
representatives, but nothing contained in this section shall be construed
to permit an assignment or other transfer except
as specifically provided herein.
Any provision of this Agreement which shall prove to be invalid, void
or illegal shall in no way affect, impair or invalidate any other provision
hereof and the remaining provisions hereof shall remain in full force
and effect to the greatest extent
permitted by law.
XVII. AMENDMENT AND MODIFICATION
This Agreement may be amended, changed or modified only by an instrument
in writing signed by duly authorized representatives of the parties hereto.
Customer expressly agrees to execute any amendment to this Agreement which
may be required by a holder of a superior interest in the Facility, which
does not materially and adversely affect Customer’s rights under
this Agreement, within fifteen (15) days of a written request by Big Pipe
Hosting Networks or Big Pipe Hosting Networks may terminate this Agreement
on notice to Customer.
XVIII. ENTIRE AGREEMENT
This Agreement contains all of the agreements of the parties concerning
the Facility, and there are no verbal or other agreements, which modify
or affect this Agreement. This Agreement supersedes any and all prior
agreements made or
executed by or on behalf of the parties hereto regarding the Facility.