Terms of Service

This Agreement is a contract between you and BitPath Networks, LLC and applies to your use of any BitPath Networks, LLC services and any related products, systems and networks (hereinafter collectively called "the service"). Unless otherwise stated, in this Agreement, "you" or "your" means any person or entity using the service. "Users", "clients" and "customers" will refer collectively to all persons or entities using the service. BitPath Networks will refer collectively to BitPath Networks, LLC and its subsidiaries, affiliates, directors, officers, employees, agents and contractors.

By clicking "I Agree", or clicking "I Accept", or entering into a service agreement or contract with BitPath Networks, or using the service in any way, or by continued use of the service you agree to the terms and conditions of this Agreement, BitPath Networks' AUP and any documents incorporated by reference. You further agree that this Agreement forms a legally binding contract between you and BitPath Networks, and that this Agreement constitutes "a writing signed by you" under any applicable law or regulation. Any rights not expressly granted herein are reserved by BitPath Networks.



BitPath Networks agrees to furnish the service to you, subject to the following TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of BitPath Networks and AUP (Acceptable Use Policy) . The AUP may be changed from time to time at the discretion of BitPath Networks. You understand that change to the AUP by BitPath Networks shall not be grounds for early contract termination or non-payment.

This Agreement shall be interpreted and construed in accordance with the laws of the State of Arkansas, U.S. as such laws are applied to agreements entered into and to be performed entirely within Arkansas by Arkansas residents. Regardless of the place of signing this agreement, you agree that for purposes of venue this contract was entered into in Pulaski County, Arkansas, and any dispute will be litigated or arbitrated in Pulaski County, Arkansas. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Pulaski County courts.
  1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, You agree that BitPath Networks may disclose any and all of your information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to you. In addition BitPath Networks shall have the right to terminate all service set forth in this Agreement.

  2. Service Rates: You acknowledge that the nature of the service furnished and the initial rates and charges have been communicated to You. You are aware that BitPath Networks may prospectively change the specified rates and charges from time to time.

  3. Payment: Establishment of this service is dependent upon receipt by BitPath Networks of payment of stated charges (which include but are not limited to the first month's service charges, and any required setup fees). Subsequent payments are due every consecutive 30th day for the following 30 days service.

  4. Payments and Fees: Credit cards that are declined for any reason are subject to a $10.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $100 reconnect charge. Accounts not paid by due date are subject to a $15.00 late fee. Accounts that are not collectable by BitPath Networks may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. You agree that if payment is due BitPath Networks, at sole discretion may hold any/or all of your equipment on BitPath Networks property until your account is brought current.

  5. Refund and Disputes: All payments made to BitPath Networks 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. If you dispute a charge to your credit card issuer that, in BitPath Networks' sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay BitPath Networks an "Administrative Fee" of not less than $50 and not more than $150.

  6. Failure to Pay: BitPath Networks may temporarily deny service or terminate this Agreement upon the failure of You to pay charges when due. Such termination or denial will not relieve You of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. In the event you fail to pay you agree BitPath Networks may seize any and all equipment you have on BitPath Networks property for sale to cover charges owed. Any remaining equipment will be returned to you provided you provide necessary shipping fees. Any equipment left on BitPath Networks property after 30 days becomes BitPath Networks property.

  7. Account Cancellation: All requests for canceling accounts must be made in writing via the Customer Portal with at least 15 days notice but not more than 45 days prior notice.

  8. You acknowledge that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of BitPath Networks and that damages resulting from any interruption of service are difficult to ascertain. Therefore, you agree that BitPath Networks shall not be liable for any damages arising from such causes beyond the direct and exclusive control of BitPath Networks. You further acknowledge that BitPath Networks' liability for its own negligence may not in any event exceed an amount equivalent to charges payable by you for services during the period damages occurred. In no event shall BitPath Networks be liable for any special or consequential damages, loss or injury.

  9. Support Boundaries: We limit our technical support to our area of expertise. The following is our guidelines when providing support: BitPath Networks provides support related to your VPS operating system and network connectivity. BitPath Networks does not offer tech support for application specific issues such as cgi programming, html or any other such issue. BitPath Networks does not provide technical support for YOUR customers.

  10. SPAM and Unsolicited Commercial Email (UCE): BitPath Networks takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of BitPath Networks may not use or permit others to use our network to transact in UCE. Customers of BitPath Networks may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

    1. Violation of BitPath Networks' SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, BitPath Networks will initiate an immediate investigation (within 48 hours of notification). During the investigation, BitPath Networks may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, BitPath networks may, at its sole discretion, restrict, suspend or terminate customer's account. Further, BitPath Networks reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. BitPath Networks will notify law enforcement officials if the violation is believed to be a criminal offense.

    2. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that BitPath Networks personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

    3. As our Customers are ultimately responsible for the actions of their clients over the BitPath Networks networks, it is advisable that Customers develop a similar, or stricter, policy for their clients.

  11. Network

    1. IP Address Ownership: If BitPath Networks assigns you an Internet Protocol address for your use, the right to use that Internet Protocol address shall belong only to BitPath Networks, and you shall have no right to use that Internet Protocol address except as permitted by BitPath Networks in its sole discretion in connection with the service, during the term of this Agreement. BitPath Networks shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to you by BitPath Networks, and BitPath Networks reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible.

    2. Bandwidth Usage: you agree that bandwidth usage shall not exceed the average number of kilobits per month for the services ordered by you on the Order Form (the "Agreed Usage"). BitPath Networks will monitor your bandwidth usage. BitPath Networks shall have the right to take corrective action if your bandwidth usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in BitPath Networks' sole and absolute discretion. If BitPath Networks takes any corrective action under this section, you shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that you exceed the included allocation, BitPath Networks may, at its sole discretion, collect a deposit, in an amount determined by BitPath Networks, against your credit card on file with BitPath Networks.

    3. System and Network Security: Users are prohibited from violating or attempting to violate the security of the BitPath Networks Network. Violations of system or network security may result in civil or criminal liability. BitPath Networks will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

      1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

      2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

      3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

      4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

      5. Taking any action in order to obtain services to which such User is not entitled.

  12. Notification of Violation:

    1. BitPath Networks is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

    2. First violation: Any User, which BitPath Networks determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at BitPath Networks' discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

    3. Second Violation: Users that BitPath Networks determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

    4. BitPath Networks reserve the right, to drop the section of IP space involved in SPAM or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

  13. Suspension of Service or Cancellation: BitPath Networks reserves the right to suspend network access to any customer if in the judgment of the BitPath Networks network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which BitPath Networks chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

  14. BitPath Networks reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of BitPath Networks must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

  15. Indemnification: BitPath Networks wishes to emphasize that in agreeing to the BitPath Networks Acceptable Use Policy (AUP) and Terms of Service (TOS), customer indemnifies BitPath Networks for any violation of the Acceptable Use Policy (AUP) and Terms of Service (TOS) that results in loss to BitPath Networks or the bringing of any claim against BitPath Networks by any third-party. This means that if BitPath Networks is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against BitPath Networks, plus all costs and attorney's fees.

  16. Miscellaneous Provisions:

    1. You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

    2. A waiver by BitPath Networks of any breach of any provision of this Agreement by You shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

    3. You shall not transfer or assign this Agreement without the prior written consent of SharedColo.com. SharedColo.com may assign Agreement at anytime without consent from or notice to You. SharedColo.com reserves right to cancel customers rights under this contract at anytime without further obligation.

    4. BitPath Networks takes no responsibility for any material input by others and not posted to the BitPath Networks Network by BitPath Network. BitPath Networks is not responsible for the content of any other websites linked to the BitPath Networks Network; links are provided as Internet navigation tools only. BitPath Networks disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

    5. BitPath Networks is not responsible for any damages your business may suffer. BitPath Networks does not make implied or written warranties for any of our services. BitPath Networks denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by BitPath Networks.

    6. It is absolutely forbidden to host IRC servers or Adult Materials on the BitPath Networks Network. Accounts found hosting this material will be subject to immediate cancellation without refund.

  17. Responsibility for Content: You, as BitPath Networks' customer, are solely responsible for the content stored on and served by your BitPath Networks server.
BitPath Networks reserves the right to revise, amend, or modify this TOS, our AUP (Acceptable Use Policy) and our other policies and agreements at any time an in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).