Pixelwave Website Design UK | Standard Terms and Conditions

Hosting Terms and Conditions

Pixelwave Design provides web-hosting as a reseller. All accounts are subject to the standard terms and conditions of the parent hosting company. By taking out a hosting account with Pixelwave Design you agree to these terms and conditions.

Pixelwave Design reserves the right to change this Policy any time, so please, check this page at least once a month or when in doubt.

Pixelwave Design strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other Pixelwave Design customers and us against such harm.

Payment Policies, Fees, Refunds and Terms of Agreement

Full payment is required before any hosting service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. Prepayment is due each anniversary (monthly, quarterly or annually) following the date the account was established. Billing will continue until you cancel your hosting account. As a policy, we do not offer credits or refunds for hosting time already expended.

If cancellation is done by Pixelwave Design due to restrictions violation, there will be no refund. Pixelwave Design will only allow for the discount if cancellation is not the fault of the client, as determined by Pixelwave Design. Additional features can be added at any time. Pixelwave Design reserves the right to change prices at any time.

Account Cancellation

You may cancel at anytime. To cancel your account, please contact Customer Service at info@pixelwave.co.uk. Notification of cancellation must be received at least seven business days prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. It is the clients responsibility to secure email confirmation from Pixelwave Design that your account has been cancelled. If the client has not yet received email confirmation of account cancellation, then the account remains active, and you will continue to be invoiced.

If Client has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve Client of any outstanding financial obligations.

Indemnification Policy

You agree to use all Pixelwave Design services and facilities at your own risk. Pixelwave Design specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Pixelwave Design be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Pixelwave Design harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Pixelwave Design, 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, it's agents, employees or assigns.

Customer agrees to defend, indemnify and hold harmless Pixelwave Design against liabilities arising out of:

1. any injury to person or property caused by any products sold or otherwise distributed in connection with a Pixelwave Design account;
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 a Pixelwave Design account.

Pixelwave Design shall be the sole arbitrator of what violates this Policy.

SPAM Policy

Pixelwave Design is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the Pixelwave Design network, by customers or any other users of the Pixelwave Design network (including customers' customers); AND/OR over ANY network‹ if the message sent advertises or mentions a site hosted on the Pixelwave Design server.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of usenet groups, posting obscene or threatening messages while using or referring to an Pixelwave Design email address or web site URL is prohibited. The use of Pixelwave Design servers as a mail drop for responses to activities described above is also prohibited. Accounts cancelled due to spam will be billed a "clean up" fee of £500 per incident.

If you have any complaints or comments regarding Spam on our network, please direct them via email to info@pixelwave.co.uk

Content Policy

All services provided by Pixelwave Design may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any English Law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless Pixelwave Design from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography and sex-related merchandising is prohibited on all Pixelwave Design servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Pixelwave Design will be the sole arbiter in determining violations of this provision.

Sites that promote any illegal activity or present content that may be damaging to Pixelwave Design servers or any other server on the internet are prohibited. Links to such materials are also prohibited.

Examples of unacceptable content or links:

Pirated software
Hacker programs or archives
Warez sites
Illegal MP3's
IRC
Proxy servers
Child Pornography

Pixelwave Design is in the business of providing primary web hosting services for virtual accounts. We do not allow the use of our services to promote the use of other primary web hosting companies who are our direct competitors.

Any illegal activity, including adult content, links to adult content web sites, spamming or hacking may result in your site being suspended without warning. You may be required to pay a re-activation fee of £35.

Pixelwave Design will be the sole arbiter as to what constitutes a violation of this provision.

Email Policy

Pixelwave Design may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. We consider mass email any email message sent to more than 100 email addresses or more than 10 news groups.

CGI Scripts Policy

Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation or service to other Pixelwave Design customers. Due to continued spamming of Matts formmail script, this is banned from all Pixelwave Design servers.

Traffic Policy

Pixelwave Design allows for very generous traffic, and most sites never exceed these limits. Pixelwave Design customers are discouraged from storing any files that cause excessive traffic on Pixelwave Design servers. Please contact Pixelwave Design for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits.

We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.

Any deliberate attempt to cause damage to Pixelwave Design or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.

All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and warn you if you are likely to exceed these traffic allowances. You can monitor your transfer at anytime in your Control Panel.

Backups

Full backups are made on a regular basis. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content and information. The "Backup Manager" is included in each hosting plan and the client can use this tool to back up their files. If loss of data occurs due to an error of Pixelwave Design, we will attempt to recover the data for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, Pixelwave Design will attempt to recover the data from the most recent archive for a £75.00 fee.