Terms of Use

October 2023

CubePath Inc., based in ('41 North Main St Suite 302, Pennsylvania 18407, Carbondale') offers baremetal and VPS services to clients worldwide, with a commitment to safeguarding each client and delivering top-quality services. All registered clients of CubePath Inc. (cubepath.com) are required to accept and adhere to our Acceptable Use Policy, Privacy Policy, and the following Terms of Service:

Clients acknowledge that the service provided may be subject to interruptions for various reasons beyond CubePath Inc.'s control. Damages arising from service interruptions are difficult to quantify. Therefore, clients agree that CubePath Inc. shall not be liable for any damages resulting from causes beyond its direct and exclusive control.

Clients also acknowledge that CubePath Inc.'s liability for its own negligence will not exceed an amount equivalent to the charges paid by the subscriber for services during the period when damages occurred. CubePath Inc. will not be held liable for special or consequential damages, loss, or injury.

1. Indemnification Policy

Clients 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. In no event will CubePath Inc. be liable for any loss, loss of data, or other commercial damage, including but not limited to special, incidental, consequential, or other damages. Clients commit to defending, indemnifying, saving, and holding CubePath Inc. harmless from any demands, liabilities, losses, costs, and claims, including reasonable attorney's fees asserted against CubePath Inc., its agents, its customers, officers, and employees, resulting from any service provided, performed, agreed to be performed, or any product sold by its customers, agents, employees, or assigns. Clients agree to defend, indemnify, and hold CubePath Inc. harmless against liabilities arising from any injury to a person or property caused by any products sold or distributed in connection with CubePath Inc.'s network.

CubePath Inc. reserves the right to intervene with any website/data hosted on its servers/network in the interest of its clients. Any material supplied/hosted by a client that infringes on the proprietary rights of a third-party copyright owner is subject to removal from CubePath Inc.'s servers/network. CubePath Inc. will be the sole judge of what violates this policy.

2. Billing

1. Policy on Service Modification: CubePath Inc. maintains the authority to adjust, halt, or fully discontinue any of our offerings at our discretion, without needing to provide a rationale. In instances leading to the discontinuation of a service or product, CubePath Inc. will not hold responsibility for any resulting loss of data.

2. Refund Guidelines for New Clients: We extend a refund offer within the initial 7 days post-purchase for new clients who opt for Virtual Private Server (VPS) hosting. Eligibility is contingent upon the client not having prior services with CubePath Inc. or a hiatus from our services lasting no less than 180 days. Refunds processed under this guideline are subject to an administrative fee of 5% or a minimum of $1 USD, whichever is greater.

3. Provisions for Dedicated Servers: No refunds will be available for dedicated servers following their allocation. However, a full refund promise is in place if we fail to allocate your dedicated server within 72 hours following payment verification. At our discretion, we may issue refunds for servers pending less than the stipulated 72 hours, incurring a 5% administrative fee.

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

5. Invoice and Payment Schedule: Invoices are prepared 14 days ahead of the due date. Clients should settle invoices by the due date; otherwise, they must contact billing for an extension to avoid service interruption. Services will face suspension 2 days post-due date and termination 5 days post-due date for unpaid invoices. An overdue invoice may attract a late fee, the higher of 5% or $1 USD, applicable regardless of service continuation desire.

6. Automatic Payment Attempts: We will automatically attempt to process payments via 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 via 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 pricing for any of our services or products without prior notice, irrespective of advisories.

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 clients' 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 order process. We guarantee only the proper initial installation of software chosen at the time of order, disclaiming any responsibility for software configuration post-installation.

3. Limited Liability for Software Configuration: CubePath Inc. will not be held accountable for any operational disruptions stemming from improperly configured software or operating system kernels, regardless of whether the installation was performed by CubePath Inc. or the client.

4. Optional Enhanced Software Support: For clients in need of advanced software support, including kernel adjustments, CubePath Inc. offers such services for an additional charge. Clients interested in these enhanced services are encouraged to reach out to our sales or support teams for detailed pricing information.

5. OS Reload Policy: Each client of CubePath Inc. is entitled to one complimentary operating system reload per billing cycle. Subsequent reloads within the same cycle will incur a charge of $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 fee of $45.

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

4. Uptime Guarantee

1. Uptime Commitment: At CubePath Inc., we are committed to delivering unparalleled uptime and reliability for our services. We ensure that all services will maintain a minimum uptime of 99.99% each month. If we fall short and services are unavailable for more than 0.01% over the course of a month, affected clients are entitled to compensation.

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

3. Rapid Hardware Replacement: For dedicated server clients, we promise a swift response to hardware failures, pledging replacements within six hours of notification. Should this timeframe be exceeded, clients are eligible for additional service credit, amounting to 1% for every 5 minutes past the promised window.

4. Exclusions from Service Credits: Credits do not apply to downtime caused by DDoS or DoS attacks directed at a client's services. Additionally, CubePath Inc. retains the right to null route IP addresses under attack to safeguard our broader network infrastructure. Service credits are also not granted for planned maintenance announced at least seven days in advance 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. Furthermore, we offer complimentary BGP sessions and IP announcements for clients using dedicated or single-server colocation services, though disruptions related to these offerings are not covered under our SLA.

By engaging with our billing department within seven days of an incident, clients can request these credits. CubePath Inc. is dedicated to ensuring not just the reliability of networking, power, and hardware but also the trust and satisfaction of our clients through transparent and responsive service level agreements.

5. Limitation of Liability

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

Clients 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 for safeguarding data stored on CubePath Inc.'s services rests solely with the client. CubePath Inc. absolves itself of any responsibility for data loss, irrespective of the circumstances. Not all services provided by CubePath Inc. include backup solutions, placing the onus on clients to manage and back up their data independently. Any data loss resulting from a client's failure to secure their files on an external server falls outside the purview of CubePath Inc.'s responsibility.

7. Acceptable Use Policy

1. Intended Use of Services: CubePath Inc. mandates that all services provided be used solely for their intended purposes. Possession, distribution, or storage of any data deemed 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 forbidden.

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 across clients to ensure equitable access. Excessive use of resources may lead to server suspension, shutdown, or termination by CubePath Inc.

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

4. Regulations on Email and Port Use: To mitigate spam, CubePath Inc. blocks outgoing port 25 by default. Clients needing this port can apply for unblocking, subject to verification processes and potential 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 ownership claims by clients. The transfer of IP addresses allocated by CubePath Inc. to third parties is strictly prohibited. Clients requesting more than 32 additional IP addresses for their server must comply with ARIN justification requirements and may be subject to further conditions based on the volume of IPs requested. For detailed inquiries regarding IP address allocation, please reach out to [email protected]

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

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

8. Network Security: Clients bear full responsibility for the security of their individual servers. CubePath Inc. absolves itself of any liability related to the content stored on or served by these servers.

8. Disclaimer

CubePath Inc. cannot be held liable for system downtime, crashes, or data loss. CubePath Inc. has the right to terminate, suspend, or cancel any client and/or any service without notice or refund. CubePath Inc. cannot be held liable for any predicted estimate of profits/income that a client would have gained if their service was functioning. 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. Moreover, CubePath Inc. holds no responsibility for the use of our clients' accounts. If any of our terms, policies, or conditions are not followed, the client account in question may be deactivated, as well as all services/products attached to it. We reserve the right to remove any account without advance notice for any reason without restitution, as CubePath Inc. sees fit. CubePath Inc. is not responsible for any client's files, data, or actions. Furthermore, CubePath Inc. retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification."