Web Hosting Terms

Usage of Pixelated Tech’s Services

Content

All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States of America Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening, obscene, demeaning to others, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold us harmless from any claims resulting from the use of the service which damages the subscriber or any other party.

Note: Pornography and sex-related merchandising are prohibited on all servers. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet. Links to such materials are also prohibited. In addition, any site selling or promoting Bulk email services is not allowed. Examples of non-acceptable content or links:

Pirated software
Hackers programs or archives
Warez Sites
Irc Bots
Mp3

We will be the sole arbiter as to what constitutes a violation of this provision.

Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt in” will be treated as spam. Any user who sends out spam will have their account terminated without notice. Pixelated Tech reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. Pixelated Tech also reserves the right to make any such modifications in an emergency at our sole discretion. Pixelated Tech reserves the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee. This cost of the cleanup fee is left entirely to the discretion of Pixelated Tech. All rights reserved.

Resource Usage

Users may not initiate the following: – Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. – Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed. – Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. – Run any software that interfaces with an IRC (Internet Relay Chat) network. – Run any bit torrent – Run any gaming servers such as counter-strike, half-life, battlefield1942, etc

If you expect a flood of traffic that is greater than your regular usage due to recent marketing campaign, media mention, website link or any other event that would cause a surge in traffic to the website, you MUST inform Pixelated Tech no later than 3 days before the event so we can prepare our servers and continue to provide you a quality service. Server Abuse: Any attempts to undermine or cause harm to a server is strictly prohibited.

Bandwidth Usage

You are allocated a monthly bandwidth allowance per your agreement. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

Backups and Data Loss

Your use of the service is at your sole risk. Pixelated Tech is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Pixelated Tech servers unless backup is included in your plan.

Payment Information

You agree to supply appropriate payment for the services received from Pixelated Tech, in advance of the time period during which such services are provided. You agree that until and unless you notify Pixelated Tech of your desire to cancel any or all services received, those services will be billed on a recurring basis. Pixelated Tech reserves the right to change the monthly payment amount and any other charges at any time.

Refusal of Service

We reserve the right to refuse or cancel service at our sole discretion. All clients are expected to pay their invoices promptly. Accounts that are past due for 30 days may be subject to temporary deactivation. Accounts past due in excess of 30 days may be cancelled. All deactivated accounts will be charged a $50.00 reactivation fee in addition to their normal monthly fees. Returned or cancelled checks/credit cards will result in immediate account deactivation (not cancellation) and are subject to a $25.00 processing fee. Cancelled accounts shall be subject to all applicable reactivation fees as well as normal fees associated with opening an initial account. All delinquent accounts will be submitted to a collection agency for resolution.

Disclaimers

Backups and Data Loss

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Pixelated Tech harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Pixelated Tech, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Pixelated Tech against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Pixelated Tech server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.

Confidentiality Statement

We at Pixelated Tech insure that all personal information submitted to us in processing your order and for billing purposes, etc., including but not limited credit card information, will be kept strictly confidential and used solely by Pixelated Tech, its representatives and employees, for the purposes for which it was intended, for the benefit of the subscriber. We agree not to share or release such information to any individual, entity, or third party, without the consent of the subscriber, except as required by law, regulation or governmental authority. All information provided to us by the subscriber is properly stored and handled at all times by authorized Pixelated Tech staff members only.

Disclaimer

Pixelated Tech will not be responsible for any damages your business may suffer. Pixelated Tech makes no warranties of any kind, expressed or implied for services we provide. Pixelated Tech disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, and any and all service interruptions caused by Pixelated Tech and its employees. Pixelated Tech reserves the right to change or update policies without notice.

Privacy Policy

Pixelated Tech insures that all personal information being voluntarily submitted to us in the processing of your order (to be used for record and billing purposes, etc.), inclusive, but not limited to, credit card and other personal information, will be kept strictly confidential and used “solely” by Pixelated Tech, its authorized representatives and employees; for the strict purpose for which it was intended, and for the benefit of the Subscriber. We agree not to share, rent, sell or release this information to any individual, entity or third party, for any reason, without the specific written consent of the Subscriber; with exception as required by Law, Regulation or Governmental Authority. Pixelated Tech is committed to protecting and securing all Subscriber provided information, through the use of firewalls and additional security measures in place at its physical facilities to protect against the loss, misuse or alteration of such information.

If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation.