Terms and Condition of Service
Terms of Service
Acceptable Use Policy
THIS AGREEMENT BETWEEN Pixwave.net and you where “you” is referred to as (“Account Holders "Users", “Members”, “Customers”, or “Subscribers”) WHEREAS Pixwave.net agrees to furnish IT - internet based services associated with web sites, web hosting, and domain registration, vps servers and dedicated servers to the User. Use of Pixwave.net Service constitutes acceptance and agreement to Pixwave.net's policies are subject to the terms above and as follows:
Payment:
Establishment of service is reliant upon receipt by the Company of payment of affirmed charges. Following payments are due on the anniversary date of the month for that month's service.
Payments and Fees:
Accounts that reach 7 days past due will be suspended. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
Failure to Pay:
The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges.
Account Cancellation:
Requests for canceling accounts may be made in writing, phone, or through email system. Pixwave.net’s preferred method of cancellation is via email.
Support Boundaries:
Pixwave.net, provides 24 x 7 x 365 technical support to our subscribers and our staff is limited to the area of expertise. The following are our guidelines when providing web hosting support: Pixwave.net does not offer tech support for application specific issues such as cgi programming, html or any other such issue. Pixwave.net will provide technical support for YOUR customers if you are our resellers. If you can email, we encourage you to email support@pixwave.net for assistance.
SPAM and Unsolicited Commercial Email (UCE):
Pixwave.net takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Pixwave.net may not use or permit others to use our network to transact in UCE. Customers of Pixwave.net may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service. Violation of Pixwave.net's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Pixwave
Marketing will initiate an immediate investigation (within 48 hours of notification). During the investigation, Pixwave.net may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Pixwave.net may, at its sole
discretion, restrict, suspend or terminate customer's account. Further, Pixwave.net reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Pixwave.net will notify law enforcement officials if the violation is believed to be a criminal offense. As our Customers are ultimately responsible for the actions of their clients over the Pixwave.net network, it is advisable that customers develop a similar, or stricter, policy for their clients.
Network Bandwidth and Disk Usage:
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Pixwave.net will monitor Customer's bandwidth and disk usage. Pixwave.net shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Pixwave.net's sole and absolute discretion. If Pixwave.net takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Pixwave.net may, at its sole discretion, collect a deposit, in an amount determined by Pixwave.net, against customer's payment information on file with Pixwave.net.
System and Network Security:
Users are prohibited from violating or attempting to violate the security of the Pixwave.net Network. Violations of system or network security may result in civil or criminal liability. Pixwave.net will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation: Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing". Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Taking any action in order to obtain services to which such User is not entitled.
Backups and Data Loss
We are 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 our servers, although we back-up are server weekly we cannot guarantee an up to date or daily back-ups.
If you wish to manually back-up your files please purchase another server for you to upload all you website. Our back-up server is hosted by another data center.
Please note:
Pixwave.net will not issue refunds to users who have their account terminated by Pixwave.net, for breach of our terms of service. Refunds will not be made to users who exceed their allocated bandwidth limit. Accounts that are renewed for additional terms are also not subject to our money back guarantees. 99.5% uptime guarantee: If for any reason (except for scheduled downtimes) our network or servers are down for longer than 0.5% in any month, Responsibility for Content: You, as Pixwave.net's customer, are solely responsible for the content stored on and served by your Pixwave.net server. All provisions of this contract are subject to the TOS (Terms of Service) of Pixwave.net and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
Privacy Policy (Acceptable Use Policy)
Pixwave.net Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what Pixwave.net expects of them while using the service. All users of Pixwave.net Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service). Use of Pixwave.net Service constitutes acceptance and agreement to Pixwave.net AUP as well as Pixwave.net TOS (Terms of Service)
We support the free flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Pixwave.net may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your Pixwave.net account or other actions as detailed below. This document is intended to provide a basic understanding of Pixwave.net Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Pixwave.net AUP.
Ensure reliable service to our customers:
We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service. You may not use your virtual site to publish material, which Pixwave.net determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs,illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings. Adult content is not allowed in all our servers. If a Pixwave.net account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behaviour and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time. As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us.
The following constitute violations of this AUP:
Pixwave.net services may not be used for illegal purposes, or in support of illegal activities. Pixwave.net 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 Pixwave.net service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
Threats:
Use of Pixwave.net 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 Pixwave.net service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
Fraudulent activity:
Use of Pixwave.net 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."
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 Pixwave.net 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 Pixwave.net account.
Important notice
Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account immediately removed from our network. The account will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the account to confirm that all material has been completely removed. Severe violations may result in immediate and permanent removal of the account from our network without notice to the customer. Any account guilty of a second violation WILL be immediately and permanently removed from our network without notice.
E-mail / News Bombing:
Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending Pixwave.net account.
E-mail / Message Forging:
Forging any message header, in part or whole, of any electronic transmission, originating or passing through Pixwave.net service is in violation of this AUP.
Usenet SPAMing:
Pixwave.net has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
Unauthorized access:
Use of Pixwave.net service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Pixwave.net 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 Pixwave.net account is subject to immediate termination.
Collection of personal data:
Use of Pixwave.net service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
Network disruptions and unfriendly activity:
Use of Pixwave.net service for any activity which affects the ability of other people or systems to use Pixwave.net Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users,services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. Pixwave.net will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
Infringement of Copyright:
Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
Distribution of Viruses:
Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
Inappropriate Use of Software:
Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Pixwave.net services could result in suspension service.
Third Party Accountability:
Pixwave.net subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.
Forbidden Content:
All services provided by us may only be used for lawful purposes. At Pixwave.net, we strongly prohibit the use of any our service for any illegal activities. User shall not include content, or internet links to content on the Site that contain, promote or involve any of the following. Examples include
but are not limited to: 1. Any copyright, patent, trademark, or other intellectual property right. 2. Child Pornography 3. Hate content 4. Threatening, racial, or otherwise abusive content. 5. Any and all content inciting, instructing, or promoting illegal activities.This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene, pornography. Examples of unacceptable material: IRC Bots, File upload sites (ex. rapidshare.com, Warez Sites, Pirated Software, Hate sites, Hack programs and archives, Proxy Scripts / Anonymizers )
Security:
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach
security of another account or attempt to gain unauthorized access to another network or server. Your password provides access to your account. It is your responsibility to keep your password secure. Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use. Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service. You must adopt adequate security measures to prevent or minimize unauthorized use of your account. You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or
Distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to; "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host. Users who violate systems or network security may incur criminal or civil liability. Pixwave.net will cooperate fully with investigations of violations of systems or network
Security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
GENERAL OPERATIONS
By using our service you agree to the following policy and limitations pertaining to our services. Uptime: Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the Company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Subscriber agrees that the Company shall not be liable for any damages arising from such causes. In no event shall the Company be liable for any special or consequential damages, loss or injury. Although many of our own network providers
Guarantee an uptime of 99% or more, we make no guarantees about uptime performance because we realize there are influencing factors that are outside of our control, and in most cases even outside the control of the data centers and network providers we work with.
MISCELLANEOUS PROVISIONS Indemnification:
In agreeing to the TOS, Subscriber indemnifies us for any violation of the TOS that results in loss to us or the bringing of any claim against us by any third-party. This means that if we are sued because of a Subscriber's or a customer of a Subscriber's activity, the Subscriber will pay any damages awarded
against us, plus all costs and attorney's fees. Contact Information: You must provide us with, and keep current, good contact information for yourself including an E-mail address and telephone number. If we fail to communicate any information to you due to a non-current, inoperative, or incorrect email
address you are still responsible and accountable for any such information we attempted to communicate
Waiver:
A waiver by the Company of any breach of any provision of the TOS by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof. Assignment: Subscriber shall not transfer or assign the TOS without the prior written
consent of the Company. Company may assign the TOS at anytime without consent from or notice to Subscriber. Company reserves the right to cancel Subscriber’s rights under this contract at any time without further obligation. 3rd Party Disclaimer: We take no responsibility for any material input by others. We are not responsible for the content of any other websites linked to us; links are provided as Internet navigation tools only. We disclaim any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy. Disclaimer of warranties: We are not responsible for any damages your business may suffer. We do not make implied or written warranties for any of our services. We deny any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and all service.
Interruptions caused by us. 3rd Party Software and Services:
We may provide you access to third party software and/or services ("Third Party Products ") through reseller relationships we have established with certain commercial vendors. Subscriber understands that product support for Third Party Products is provided by us and not by the Third Party Vendor, unless otherwise notified. Neither us nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products.
Subscriber expressly acknowledges and agrees that use of third party products is at customer's sole risk and such third party products are provided "as is" and without representation or warranty of any kind from us or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights.
To the maximum extent permitted by applicable law, neither us nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. Subscriber agrees to observe the terms of any license and/or
applicable end-user subscriber agreement for third party products and that customer shall be fully liable to third party vendors and us with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user subscriber agreements. Subscriber agrees
not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on Third Party Products or that appear during the use of Third Party Products. Subscriber further agrees not to reverse engineer, decompile, or disassemble the Third Party Products. Revisions to the TOS: We reserve the right to revise, amend, or modify the TOS at any time and in any manner. In such case the amended or revised TOS will be posted to our website.
Subscriber understands that changes to the TOS shall not be grounds for early contract termination or non-payment.
Revisions to this Acceptable Use policy:
Pixwave.net reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service)