Terms of Service
The terms that follow exist to maintain the integrity of all services provided by Pixelafy (Pixelafy.com). By ordering an account from Pixelafy, you understand are agreeing to each of the terms listed below. This Agreement, is made and entered by Pixelafy, herein referred to as ("Provider"), and you, referred to in this document as ("User").
Last Modified: 20th February 2017
Indemnification and Relationship of Parties
- User agrees to indemnify and hold Provider harmless from any lawsuit, claim, charge, or expense, including reasonable attorney fees and costs of defense, for any matter arising from or relating to the User's or Provider's website provided hereunder.
- Nothing contained herein shall be deemed to create a relationship between the Provider and User in the nature of a partnership, joint venture, editor/publisher or otherwise. Both parties acknowledge and agree that Provider has no interaction with the data or substance of User's website, except as necessary to maintain the website.
Payment For Service
- User agrees to pay the charges agreed to during the initial signup request on or before the first day of the anniversary of account setup each month or year following execution of this agreement.
- User agrees payment not received within 3 days of said renewal date shall be considered late and service may be suspended.
- User agrees payment not received within 7 days of said renewal date shall be considered in default and service shall be terminated.
- User agrees that any and all unpaid balance due hereunder may result in a late fee of $5.00, and the costs of collection, including court costs and reasonable attorney fees shall be added as principal amounts to such balance.
- User agrees to pay a $10 processing fee for any returned checks, for whatever reason, and agrees they may be electronically reprocessed.
- User agrees that all on demand services cannot be refunded and the final deliverable will be inspected and reviewed by the Provider to ensure that it is as per the agreed terms.
Refusal of Service
- The Provider reserves the right to refuse or cancel service at its sole discretion. Failure to follow any terms or conditions established by the Provider may result in immediate termination and forfeiture of any refund agreements.
- The Provider believes in freedom of speech. As long as the User's content does not break any Federal, State, or local laws (within the United States) or causes harm to any specific race, creed or gender, it will be allowed to exist on the User's website.
- User is responsible for any content they place on their web site, or transfer by any other means using hardware and or bandwidth belonging to the Provider.
- The Provider reserves the right to remove any file(s) at any time with a written notice to the User.
- User agrees not to host any unauthorized copyrighted material such as music, movies, photographs (anything that would be in violation of United States Copyright Laws).
- User agrees not to use their account as a backup/storage device. The only exception is the one cPanel backup of the same account you are hosting with us (please do not take back-ups of your back-ups). The backup should then be deleted upon download completion. See section F of this document for more details.
- Examples of unacceptable material on User's shared hosting account (not limited to the following), if you have any questions about acceptable content, please contact us before signing up.
- Pornographic Material (of any kind)
- Sites that stream copyrighted material, either directly or via 3rd party websites (TV Shows, Movies..etc)
- Lottery/Gambling Sites
- File Dump/Mirror Scripts (similar to rapidshare)
- Sites promoting illegal activities
- Commercial Audio Streaming (more than one or two streams)
- Mail Bombers/Spam Scripts
- Forums and/or websites that distribute or link to warez/pirated/illegal content
- IRC Scripts/Bots
- Proxy Scripts/Anonymizers
- Pirated Software/Warez
- Image Hosting Scripts (similar to Photobucket or Tinypic)
- AutoSurf/PTC/PTS/PPC sites
- IP Scanners
- Bruteforce Programs/Scripts/Applications
- Banner-Ad services (commercial banner ad rotation)
- Escrow/Bank Debentures
- High-Yield Interest Programs (HYIP) or Related Sites
- Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
- Sale of any controlled substance without prior proof of appropriate permit(s)
- Prime Banks Programs
- Hateful/Racist/Harassment oriented sites
- Hacker focused sites/archives/programs
- Bank Debentures/Bank Debenture Trading Programs
- Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
- Mailer Pro
- Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
- Phishing websites that are used for scam/fraud.
Use of Service
- User agrees to maintain its site in a manner consistent with any and all applicable laws, regulations (within the United States), acceptable uses and standards in effect, or which become in effect, during the term hereof.
- User agrees to practice common courtesy in its use of the site, and refrain from using any distribution lists for electronic mail or other techniques for unsolicited mass mailing.
- User agrees to keep their contact email address with Provider current at all times, and agrees Provider has no liability for lost or undelivered email messages concerning the status or payment due for User's account.
- User agrees to comply with the wishes of the Provider in regards to practices that may hinder the ability of other customers to use the Provider's services.
- User agrees no notices for account status or invoices will be sent via postal mail or telephone, unless initiated by Provider as required by law to collect payment.
- User understands that the excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.
- User understands that the User's account is not to be used to offer free services, such as email and hosting to the general public. While it is not mandatory to charge for their service, offering such services free of charge to the general public is not allowed.
- Resource Usage. User may not:
- Use 25% or more of system resources for longer than 60 seconds. Activities that could cause such problems include, but are not limited to: CGI scripts, FTP, PHP, HTTP, etc.
- Use over 5% of the system resources in average.
- 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 type of web spider or indexer (including Google Cash / AdSpy) on shared hosting account.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any bit torrent application, tracker, or client.
- Participate in any file-sharing/peer-to-peer activities
- Run cron entries with intervals of less than 15 minutes.
- Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
Backups & Data Loss
- The Provider will run a back-up service daily. The back-up process is provided as a courtesy, therefore it is recommended the User always keep their own back-ups accordingly.
- The Provider is not responsible for files and/or data residing on your account. User agrees to take full responsibility regarding the maintenance of all appropriate backups and data stored on the Provider's servers. While the Provider does maintain backups of your files and data, we accept no responsibility should backups be unavailable for any reason including but not limited to data corruption, hardware failure, or negligence.
- Any account larger than 1 gigabyte will be excluded from our backup systems with or without notice, however all data will continue to be mirrored to a secondary drive (helping to protect your data in case of drive failures).
- User Initiated Cpanel Back-Ups: Since the backup process which packages and compresses your account can be very resource intensive (all full cPanel backups should be performed during off-peak times as indicated below). Running full cPanel back-ups for accounts larger than 2GB in size is strictly prohibited.
- Acceptable Time periods to run full cPanel back-ups (off-peak hours): Monday through Sunday 10pm-6am.
- If your account is bigger than 2GB in size you can still back-up your account via PHPMyAdmin and downloading your core files via FTP.
Terms of Contract and Termination
- This agreement shall have an initial term of one month from the date of execution hereof, unless otherwise specified by sign up request. Upon expiration of such term, this agreement shall automatically renew for successive equivalent periods, unless notice is given by either party of its intent to terminate the agreement, at least one day prior to the scheduled termination date.
- User agrees not to attempt to undermine or cause harm to any server or customer of Provider. Failure to comply with this rule will result in immediate termination of the User's account.
- User is expressly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, information announcements, and political tracts. Such material may only be sent to those who have specifically requested it.
- Malicious or threatening email is also prohibited. We reserve the right to immediately deactivate your use of our service if we discover such activity.
- User agree to indemnify and hold us harmless from any claim resulting from your use or distribution of electronic mail services through the service provided through this Agreement. Anyone using our services for spamming or anyone who is found to be advertising their site by spamming will be immediately suspended and is subjected to $20 cleanup and reactivation fee.
Setting Up Your Account
- User understands that it may take up to 24 hours for any shared web hosting account to be activated or domain name to be registered. The Provider will set-up your account or register your domain name once payment has been received/processed. If you do not receive your account information within 24 hours and have not received an email or phone call from the Provider, please contact us immediately.
Transferring Your Website
- User should understand that the transfer of websites from the User's old web hosting provider to the Provider is provided as a courtesy. There is no guarantee the Provider will be able to transfer all of your website files from your old web hosting account to your new web hosting account. Keep in mind, every web hosting company is different and sometimes web hosts configure their servers in a manner that makes it impossible for the Provider to seamlessly transfer all data from your old web hosting account to your new web hosting account.
- User understands that in order to receive a 100% refund on web hosting services provided by the Provider. User must cancel they're web hosting account within 14 days of the account being opened.
- No refunds will be issued on web hosting services after the 14 day money back guarantee period, unless you are cancelling your service during a one year subscription (which at that point you will receive a pro-rated refund for the days of service not used, minus a 10% cancellation fee of the remaining balance).
- Payments for Dedicated IP Addresses are non-refundable.
- Payments for on demand services are non-refundable.
- No refunds will be issued if any of terms are violated.
- User understands that there are no refunds for domain name registrations, SSL Certificates or set-up fees. However domain names and SSL Certificates will be registered in your name and are yours to keep.
- Request for refund should be made via a ticket or email to the billing department and may take up to 72 hours to process.
- User understands that the Provider reserves the right to not provide any refund.
- User understands that chargebacks or claims made via PayPal will disqualify the User's right for refund.
- If your service drops below 99.9% uptime in any given month you will be credited with one free month. This must be claimed within 3 days of our monitoring dropping below this level. Any planned maintenance work is exempted from this guarantee and will be ignored.
- Uptime level is calculated by our internal monitors or a trusted monitor such as Pingdom, Uptime Robot and Monitor.us. Other monitors may be used but is subjected to our discretion.
- Downtime occurring due to natural disasters or DDoS attacks against the network do not count towards the SLA calculations.
- The Provider takes all reasonable precautions to insure any information the User submits is protected and not distributed to any 3rd parties. At no point in time, will the Provider use any information provided for any purpose other than to keep in contact with the User, provide services purchased by the User or to verify the User's identity. The Provider will not disclose any personal information about User to third parties (without prior written consent).
- The Provider may disclose User's information to law enforcement agencies without prior consent or notification to the User upon lawful request from law enforcement agencies (The Provider will cooperate fully with law enforcement agencies).
Harassment & Abuse
- The Provider does not tolerate abuse of any kind towards it’s employees. This includes all verbal harassment, yelling, swearing, rudeness, threats, and any intentionally disruptive behaviour directed at the Provider or any of it’s staff or agents.
- User agrees to engage in a professional manner whether in email, support tickets, live chat, forums, or on the telephone. Any abuse will be construed as a violation of this Terms of Service agreement. No refunds will be provided for any service termination which arises as a result of a violation of this clause.
Scope of Agreement
- This agreement must be honoured by all shared hosting, sub domains and dedicated servers of the Provider.
- The Provider reserves the right to add to and change this agreement at any time without notice