Revised Feb, 1, 2019
PixelCraft Studio, LLC, Hosting Terms and Conditions
- Billing is quarterly for website hosting/maintenance/updates.
- If Client signs up for hosting services with PixelCraft Studio, LLC midway through a billing cycle, billing will be prorated to the end of the current quarter. The following quarter will be billed for it’s normal three-month cycle.
INVOICES & PAYMENT
- PixelCraft Studio, LLC will EMAIL Client invoices 12-15 days prior to payment due date, to the designated email address(s) on file. Anytime this email needs to be updated, please contact [email protected]
- Client invoices are due on the 1st of each quarter (January 1st, April 1st, July 1st, October 1st) and will be considered past due on the 15th following the invoice due date.
- Failure to pay your invoice within 15 days of the due date may result in a late fee to be assessed of either $25 or 10% of your invoice, whichever is greater, and the Client website may be deactivated from the server until full payment and late fees are received.
- If Client pays by check and PixelCraft Studio, LLC receives a notice of returned payment for any reason to include insufficient funds, PixelCraft Studio, LLC may charge Client a minimum service fee of $35. PixelCraft Studio, LLC will also charge Client all associated costs to include attorney and collection fees.
- Deposits are non-refundable.
- PixelCraft Studio, LLC 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).
- Distribution of: Malicious Software, Malware, Adware, Spyware, Ransomware, Viruses, Worms, Trojans, Rootkits, Keyloggers, Malicious Cryptominers, Cryptojacking, Exploits: 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.
- Adult Sites: We prohibit any adult (pornographic) websites on our servers, including pedophile sites, sites linking to pornographic sites (outside links) and even pornographic advertisements on your own site.
- PixelCraft Studio, LLC services may not be used for illegal purposes, or in support of illegal activities.
THE FOLLOWING CONSTITUTE VIOLATIONS OF PIXELCRAFT STUDIO, LLC, TERMS AND CONDITIONS:
- Illegal use: PixelCraft Studio, LLC services may not be used for illegal purposes, or in support of illegal activities. PixelCraft Studio, LLC 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, LLC service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
- Threats: Use of the PixelCraft Studio, LLC 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, LLC service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
- Fraudulent activity: Use of the PixelCraft Studio, LLC 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,” 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, LLC 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, LLC account.
- Unauthorized access: Use of the PixelCraft Studio, LLC service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of PixelCraft Studio, LLC 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, LLC is equivalent in spirit or fact to items listed above.
- 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.
- From time to time maintenance, upgrades or replacements to our servers must be performed.
- We reserve the right to suspend access to such server during the required time to do the maintenance, upgrade or exchange the server.
- All scheduled maintenance will be performed late in the evening.
PixelCraft Studio, LLC cannot be held responsible for any damage caused to your business, any loss of data, or service interruption, but will do our best to help Clients in all cases.
- We may modify any of these terms and conditions contained, at any time and in our sole discretion.
- If we modify these terms and conditions, we will post a notice on your subsequent invoice.
- 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 service will be made.
We provide a server availability guarantee of 99% availability per month. If this is not met, we will, on request, credit you for the amount of time that service was unavailable, up to a maximum of 30 days.
These are the Terms & Conditions between you and PixelCraft Studio, LLC relating to its subject matter. They supersede 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 our term of business relations.
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.