General & Hosting Specific |
Server use Pixelism reserves the right to refuse service and/or access to its servers and/or services to anyone. Pixelism does not allow any of the following content to be stored on its servers: Adult material - includes all pornography, erotic images, or otherwise lewd or obscene content. Excessive download content or non-linked content. Refusal of service based on content matching either of these two criteria is entirely at the discretion of Pixelism. Pixelism reserves the right to move your data to a different server with no previous notice. Support We will endeavor to provide a continuous high quality service. If you experience problems with your service, you should contact us immediately. Please note we may require suspension of some of our services for short scheduled periods to carry out maintenance or repair to our services. Information concerning scheduled downtime is available on the Pixelism support website, as are details of any interruptions to our services. Reselling of Services All accounts are to be used by the primary owner only, and do not allow the holders to resell, store or give away web-hosting services of their website to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads. Customers may however resell all of our services with our Reseller package. Pixelism reserve the right to suspend access to the API facilities of the Reseller account if a customer's use is deemed to be affecting the platform. Access will be reinstated pending investigation and appropriate fixes to any conflicts. Unlimited Use Policy High bandwidth usage: Pixelism offers an unlimited use policy by maintaining very large ratios of bandwidth per customer. In rare cases, Pixelism may find a customer to be using server resources to such an extent that he or she may jeopardize service performance and resources for other customers. In such instances, at at Pixelism' discretion, Pixelism reserves the right to impose the High Resource User Policy for the consideration of all customers. Database Usage If you exceed the limits on our database products (MS SQL and MySQL) then we will automatically charge you for the additional space you use at our current prices. For example if you have a 150MB database and 200MB is in use at any point during a month then we will charge for the extra 50MB in that month. High Resource User Policy Resources are defined as bandwidth, processor utilization or disk space. Pixelism may implement the following policy to its sole discretion: When the resources utilised by a customer in using a service are abnormally high, Pixelism reserves the right to suspend that service immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our services. Customers may be offered an option whereby Pixelism continues supplying the service under a reduced usage criteria specified by Pixelism. Failure to comply with such measures may result in your service being terminated. Uploads via scripting languages We limit uploads made via scripting languages - including PHP, ASP and ASP.NET. Uploads made using PHP are limited to 20MB per file. Payment Policies All accounts are set up on a prepay basis. Although Pixelism reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Payment is due every 30 or 365 days, from the date the account was established. Customers will automatically be charged again at the end of their prepay period unless confirmation of the wish to close has already been received. In situations where the card number on file is declined Pixelism will immediately suspend the facility to purchase services on-line until the outstanding charge is processed successfully. In addition, Pixelism reserves the right to suspend other services until the outstanding debt is cleared. Any non-payment of a recurring invoice may be subject to a £20 administration charge. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request. You are required to have a valid credit/debit card and email address registered on your account at all times, failure to do so may result in suspension of your account. No bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via email shortly after the online purchase has been made. At this point the customer's card will be charged automatically. Please refer to our Domain Name terms of service for Domain Name specific payment policies. All payment is in UK sterling. All prices displayed are shown excluding UK VAT. Your personal details Please note that whilst your email is primarily used for billing purposes, Pixelism reserves the right to email you information about enhancements to our systems and product offerings. You can unsubscribe from marketing communications within your Pixelism control panel. We will not provide any of your personal information to other companies or individuals without your permission. However, we may need to provide your name and delivery address to third parties that Pixelism may use for the purposes of delivering specific services to you (e.g. customer support). Payment options In order to streamline our accounting procedures and keep costs down Pixelism currently runs a limited number of payment options. Credit / Debit Cards: Pixelism accepts MasterCard, Visa, Visa electron, Switch/Maestro and Solo. Cheque Payment: This option is only available to business customers who pay annually for their Pixelism account. A credit/debit card number will still be required if customers require the facility to purchase domains and other services on-line. Pixelism cannot guarantee that a service will be provided until after any received cheques have been cleared. Cancellation and refunds Pixelism reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes Pixelism' terms of service a refund will not be issued in the event of a cancellation. Customers may cancel their account at any time by giving written notice to Pixelism. During the initial 30 day trial period customers who wish to cancel will be entitled to a full refund for their hosting fees only, but will not be entitled to a refund for any additional services purchased. Any incentives offered to customers when opening the account will also be cancelled. Customers may be given the option to purchase services which were offered as start-up incentives in the result of a cancellation. Fees charged on a prepay basis are non-refundable. Once the initial trial period has expired customers are not entitled to receive a refund unless the service is cancelled by Pixelism. In addition some accounts incur set-up fees, these charges are also non-refundable. Domain credits cannot be refunded as they allow the purchase of domains at discounted prices, based on an upfront commitment. Chargebacks Any customer withdrawing payments via bank or credit card (a "chargeback") may be subject to a punitive fee of £50, should the company deem this chargeback to be unfair. The company also reserves its right to defend such chargebacks and recover the original monies from the card issuer. Indemnification Customer agrees that it shall defend, indemnify, save and hold Pixelism harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Pixelism, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Pixelism against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Pixelism' server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Pixelism' server. Disclaimer Pixelism will not be responsible for any damages your business may suffer. Pixelism makes no warranties of any kind, expressed or implied for services we provide. Pixelism does not back up your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Pixelism cannot guarantee to be able to replace lost data. Pixelism disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by Pixelism and its employees. Pixelism reserves the right to revise its policies at any time. Please note: by signing up for any of our services you agree to be bound by all Pixelism terms and conditions. |