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Terms of Use

October 2023

CubePath Inc., based in ('41 North Main St Suite 302, Pennsylvania 18407, Carbondale') offers dedicated servers and VPS services to customers worldwide, with a commitment to protect each customer and provide high quality services. All registered customers of CubePath Inc. (cubepath.com) must accept and comply with our Acceptable Use Policy, Privacy Policy, and the following Terms of Service:

1. Indemnification Policy

Customers agree to use all CubePath Inc. services and facilities at their own risk. CubePath Inc. expressly disclaims all warranties of merchantability and fitness for a particular purpose.

2. Billing

1. Service Modification Policy: CubePath Inc. maintains the authority to adjust, stop, or completely discontinue any of our offerings at our discretion, without the need to provide justification.

2. Refund Guidelines for New Customers: We extend a refund offer within the first 7 days after purchase for new customers who opt for Virtual Private Server (VPS) hosting. Eligibility is conditional on the customer not having had previous services with CubePath Inc. or a break in our services of not less than 180 days. Refunds processed under this guideline are subject to an administrative fee of five percent or a minimum of 1 USD, whichever is greater.

3. Dedicated Server Provisions: No refunds will be available for dedicated servers after their allocation. However, there is a full refund promise if we fail to allocate your dedicated server within 72 hours of payment verification. At our discretion, we may issue refunds for pending servers for less than the stipulated 72 hours, incurring an administrative fee of five percent.

4. Disputes and Chargebacks Policy: Any chargeback or dispute against CubePath Inc. triggers an immediate hold on all services associated with the customer's account. To lift the suspension, full settlement of the disputed amount plus any related fees incurred by CubePath Inc. is required, along with a $25 USD administrative charge.

5. Invoice and Payment Schedule: Invoices are prepared 14 days before the due date. Customers must settle invoices before the due date; otherwise, they must contact billing for an extension to avoid service interruption. Services will face suspension 2 days after the due date and termination 5 days after the due date for unpaid invoices. An overdue invoice may attract a late fee, the greater of five percent or $1 USD, applicable regardless of desire for service continuation.

6. Automatic Payment Attempts: We will attempt to automatically process payments through your credit card or PayPal three days before an invoice's due date. This feature can be disabled upon request through our billing department.

7. Cancellation Requests: Service cancellation requests must be submitted through the client area 5 days before the next due date. Late requests may incur charges for an additional billing cycle.

8. Price Adjustment Rights: CubePath Inc. reserves the flexibility to modify prices for any of our services or products without prior notice, regardless of notices.

3. Support

1. Hardware Support Commitment: CubePath Inc. is dedicated to offering support exclusively related to the hardware essential for the optimal operation of our direct customers' services. We explicitly do not extend support to software issues.

2. Software Support Exclusion: CubePath Inc. refrains from providing software support or troubleshooting for software selections made during the ordering process. We guarantee only the proper initial installation of chosen software at the time of order, disclaiming any responsibility for post-installation software configuration.

3. Limited Software Configuration Liability: CubePath Inc. will not be liable for any operational disruption arising from poorly configured software or operating system kernels, regardless of whether the installation was performed by CubePath Inc. or the customer.

4. Optional Enhanced Software Support: For customers requiring advanced software support, including kernel adjustments, CubePath Inc. offers such services for an additional charge. Customers interested in these enhanced services are encouraged to contact our sales or support teams for detailed pricing information.

5. OS Reload Policy: Each CubePath Inc. customer is entitled to one free operating system reload per billing cycle. Subsequent reloads within the same cycle will cost $35 each.

6. Unsupported OS Installation: Installation of an operating system not officially supported by CubePath Inc. requires prior consent and is subject to a $45 fee.

7. Direct Customer Support Only: CubePath Inc. commits to providing support solely to our direct customers. We do not offer any form of support to our customers' customers (indirect or third-party customers).

4. Uptime Guarantee

1. Uptime Commitment: At CubePath Inc., we are committed to providing unparalleled uptime and reliability for our services. We ensure that all services will maintain a minimum uptime of 99.99% each month. If we fail to meet this and services are unavailable for more than 0.01% during a month, affected customers are entitled to compensation.

2. Downtime Compensation: Customers experiencing downtime beyond the guaranteed threshold can claim a 1% credit on their monthly service invoice for every additional 5 minutes of downtime. The maximum credit awarded will not exceed the total monthly bill for the affected service within any billing cycle.

3. Hardware Replacement: For dedicated server customers, we promise a rapid response to hardware failures, committing to replacements within six hours of notification. If this timeframe is exceeded, customers are eligible for additional service credit, equivalent to 1% for every 5 minutes beyond the promised window.

4. Service Credit Exclusions: Credits do not apply to downtime caused by DDoS or DoS attacks targeted at a customer's services. Additionally, CubePath Inc. retains the right to route IP addresses under attack to safeguard our wider network infrastructure. Service credits are also not granted for planned maintenance announced with at least seven days' notice and totaling no more than six hours per month.

5. Network and Maintenance Policies: Unplanned maintenance or extended planned outages will qualify for service credits, specifically 1% for every 5 minutes of unexpected downtime. Additionally, we offer free BGP sessions and IP announcements for customers utilizing dedicated or single server colocation services, although outages related to these offerings are not covered under our SLA.

5. Limitation of Liability

CubePath Inc. is not responsible for any form of damage, including downtime or data loss, that a customer may incur as a result of using our services. The scope of CubePath Inc.'s liability for any problem related to our services will not exceed the total fee paid by the customer for the service in the given month.

Customers found in violation of any terms of service, policies, or other legal agreements with CubePath Inc. risk having their services suspended or terminated as deemed appropriate.

6. Data Loss

CubePath Inc. employs various strategies, including RAID configurations and proactive disk monitoring, to minimize the risk of data loss. Nonetheless, the responsibility of safeguarding data stored on CubePath Inc.'s services rests solely with the customer. CubePath Inc. disclaims any liability for data loss, regardless of circumstances. Not all services provided by CubePath Inc. include backup solutions, placing the onus on customers to independently manage and back up their data. Any data loss resulting from a customer's failure to secure their files on an external server falls outside the scope of CubePath Inc.'s responsibility.

7. Acceptable Use Policy

1. Intended Use of Services: CubePath Inc. mandates that all provided services be used solely for their intended purposes. The possession, distribution, or storage of any data considered illegal in the state of Pennsylvania, United States, including but not limited to child pornography, pirated software, fraudulent websites, threats, or unauthorized access to materials on CubePath Inc.'s servers, is strictly prohibited.

2. Limits on "Unlimited" Services: The terms 'unlimited' or 'unmetered' should not be interpreted literally. Resources on CubePath Inc.'s servers, including storage space, disk I/O, memory, and CPU usage, are allocated and balanced among customers to ensure fair access. Excessive resource usage may lead to suspension, shutdown, or termination of the server by CubePath Inc.

3. Prohibited Activities: Activities prohibited on CubePath Inc.'s servers and network include, but are not limited to, spam, email header manipulation, service disruption, launching DoS/DDoS attacks, operating network booters, IP spoofing, botnets, IP/port scanning, and hosting open proxies, TOR relays, or exit nodes. Cryptocurrency mining, distributed computing, and CPU-intensive tasks on virtual servers are also prohibited, along with Chia plotting on any type of server.

4. Email Regulations and Port Usage: To mitigate spam, CubePath Inc. blocks outgoing port 25 by default. Customers requiring this port may request its unblocking, subject to verification processes and possible deposit requirements at CubePath Inc.'s discretion.

5. IPv4 Address Allocation: IP addresses allocated by CubePath Inc. remain under the exclusive ownership of CubePath Inc. and are not subject to any claims of ownership by customers. The transfer of IP addresses assigned by CubePath Inc. to third parties is strictly prohibited. Customers requesting more than 32 additional IP addresses for their server must meet ARIN justification requirements and may be subject to additional conditions based on the volume of IPs requested. For detailed inquiries regarding IP address allocation, please contact [email protected]

6. Firmware Update Policy: Customers are prohibited from performing unauthorized updates or modifications to firmware on leased dedicated servers. Authorized firmware updates require coordination with the CubePath Inc. support team. Unauthorized actions will incur charges and potentially lead to account termination.

7. Hardware Configuration Restrictions: Changes to BIOS settings are not permitted, especially those related to power delivery or system overclocking. CubePath Inc. configures servers to optimize performance and thermal management, and unauthorized adjustments risk permanent damage.

8. Network Security: Customers assume full responsibility for the security of their individual servers. CubePath Inc. disclaims any liability related to the content stored or served by these servers.

8. Disclaimer

CubePath Inc. cannot be held responsible for system downtime, failures, or data loss. CubePath Inc. has the right to terminate, suspend, or cancel any customer and/or service without notice or refund. CubePath Inc. cannot be held responsible for any predicted estimate of profits/revenue that a customer would have obtained if their service was operational. Certain services provided by CubePath Inc. are resold. Therefore, certain equipment, routing, software, and programming used by CubePath Inc. are not directly owned or developed by CubePath Inc. Furthermore, CubePath Inc. holds no responsibility for the use of our customers' accounts. Failure to follow any of our terms, policies, or conditions may result in the deactivation of the customer account in question, as well as all services/products attached to it. We reserve the right to remove any account without prior notice for any reason without restitution as CubePath Inc. deems appropriate. CubePath Inc. is not responsible for any files, data, or actions of customers. Furthermore, CubePath Inc. retains the right to change any or all of the foregoing Policies, Guidelines, and Disclaimer without notification.