Last updated: March 14,
2008
WEB HOSTING TERMS AND CONDITIONS
You must agree to the following terms and conditions to have your web
site hosted by PixelCraft Studio.
- Allowed content
PixelCraft Studio does not allow storage and/or display of the following
material on its servers. This includes uploading to web sites, or transmitting
by any material (by e-mail, uploading, posting or otherwise).
- Adult Sites: We prohibit any adult (pornographic) web-sites on our
servers, including pedophile sites, sites linking to pornographic sites
(outside links) and even pornographic advertisements on your own site.
- Illegal use: PixelCraft Studio services may not be used for illegal
purposes, or in support of illegal activities.
- Distribution of Viruses, Spyware, and Malware: Distributions of software
that attempts to and/or causes damage, harassment, or annoyance to
persons, data, and/or computer systems are prohibited. Distribution
of software that monitors computer or computer user activity without
the computer user's knowledge and consent is prohibited.
- Spamming
- Spamming (sending unsolicited commercial or bulk emails) using our
servers is strictly not allowed. DO NOT SEND SPAM EMAIL FROM OUR SERVERS.
- Sending spam emails which include links to a web site hosted on one
of our servers is also forbidden. We reserve the right to suspend or
terminate any site that is linked to from spam emails.
- To protect our servers we may impose limits on the number of emails
sent within a particular time frame from our servers.
- The following constitute violations of PixelCraft Studio’s
Terms and Conditions:
- Illegal use: PixelCraft Studio services may not be used for illegal
purposes, or in support of illegal activities. PixelCraft Studio reserves
the right to cooperate with legal authorities and/or injured third
parties in the investigation of any suspected crime or civil wrongdoing.
- Harm to minors: Use of the PixelCraft Studio service to harm, or
attempt to harm, minors in any way, including, but not limited to child
pornography.
- Threats: Use of the PixelCraft Studio service to transmit any material
(by e-mail, uploading, posting or otherwise) that threatens or encourages
bodily harm or destruction of property.
- Harassment: Use of the PixelCraft Studio service to transmit any
material (by e-mail, uploading, posting or otherwise) that harasses
another.
- Fraudulent activity: Use of the PixelCraft Studio service to make
fraudulent offers to sell or buy products, items, or services, or to
advance any type of financial scam such as "pyramid schemes," "ponzi
schemes," "hyip schemes," and "chain letters."
- Infringing on the copyright, trademark, or other intellectual property
right of another person or organization.
- Forgery or impersonation: Adding, removing or modifying identifying
network header information in an effort to deceive or mislead is prohibited.
Attempting to impersonate any person by using forged headers or other
identifying information is prohibited. The use of anonymous remailers
or nicknames does not constitute impersonation.
- Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM): Use
of the PixelCraft Studio service to transmit any unsolicited commercial
or unsolicited bulk e-mail is expressly prohibited. Violations of this
type will result in the immediate termination of the offending PixelCraft
Studio account.
- Unauthorized access: Use of the PixelCraft Studio service to access,
or to attempt to access, the accounts of others, or to penetrate, or
attempt to penetrate, security measures of PixelCraft Studios’ or another
entity's computer software or hardware, electronic communications system,
or telecommunications system, whether or not the intrusion results
in the corruption or loss of data, is expressly prohibited and the
offending account is subject to immediate termination.
- Any other activity, which in the sole opinion of PixelCraft Studio
is equivalent in spirit or fact to items listed above.
- Maintenance
We might have, from time to time, to perform maintenance, upgrades or
replacements to our servers. We reserve the right to suspend access to
such server during the required time to do the maintenance, upgrade or
exchange the server, for no more than 4 hours. All scheduled maintenance
will be performed late in the evening.
- Responsibility
PixelCraft Studio cannot be held responsible for any damage caused to
your business or yourself. PixelCraft Studio cannot be held responsible
for any loss of data or service interruption, but will do its best to
help our Clients.
- Modification
We may modify any of these terms and conditions contained, at any time
and in our sole discretion, by posting a change notice or a new agreement
on our site. Your continued participation now, or within thirty (30)
days following the posting notice of any changes in these terms and conditions,
will constitute a binding acceptance by you of such rules, changes or
modifications. If we modify these terms and conditions we will send an
email notice to the decision-maker at your business. If any modification
is unacceptable to you, your only recourse is to terminate your account(s).
In this case, a pro-rata repayment of web hosting costs will be made.
- Uptime Guarantee
We have an availability guarantee of 99.99% availability per month.
If this is not met, we will, on request, credit your hosting with 1 day
for each hour your site is down, up to a maximum credit of 30 days in
any calendar month.
- Payment
- PixelCraft Studio provides a 30 day grace period for payment.
- If you fail to pay your invoice within 30 days of the due date,
a late fee will be assessed of either $25 or 10% of your invoice,
whichever is greater.
- If Client account becomes 40 days past due, the Client’s website
will be deactivated from the server until full payment with late fees
is received.
- If Client pays and PixelCraft Studio receives a notice of returned
payment for any reason to include insufficient funds, PixelCraft Studio
may charge Client a minimum service fee of $30. PixelCraft Studio will
also charge Client all associated costs to include attorney and collection
fees.
- Billing Cycle
- Billing is quarterly.
- If Client signs up for hosting services with PixelCraft Studio midway
through a billing cycle, billing will be prorated to the end of the
current quarter. The following quarter will be billed for its three-month
cycle.
- Integration
This Agreement is the entire agreement between you and PixelCraft Studio
relating to its subject matter. It supersedes all prior or contemporaneous
oral or written communications, proposals, representations and warranties
and prevails over any conflicting or additional terms of any quote, order,
acknowledgment, or other communication between the parties relating to
its subject matter during the term of this Agreement.
- Termination and Suspension
You may terminate your hosting at any time by advising us in writing
that you wish to do so.
We may terminate or suspend (temporarily or indefinitely) your hosting
if you violate any of our terms and conditions. We may suspend your hosting
where we have reason to suspect a violation of our terms and conditions
while we investigate the suspected violation.
Questions may be directed to Donnie Weaver, owner of PixelCraft Studio
at Info@PixelCraftStudio.com
We appreciate your business!
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