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DNSPIXEL TERMS OF SERVICE (TOS)
THIS AGREEMENT BETWEEN DNSPIXEL AND HOSTING
ACCOUNT HOLDER
Our Terms of Service Agreement
represents the complete Agreement and understanding
between DNSPIXEL
(Provider), and the account holder (herein after
called Customer), and supersedes any other written
or oral Agreement. This Agreement explains our
obligations to the Customer, and explains your
obligations to the Provider for various services.
Infancy
DNSPIXEL requires that
its Agreements be made with a person who is
qualified to contract. As a customer you must be
over the age of eighteen (18) years. In the case of
a customer being under the age of eighteen (18)
years, a parent or guardian must accept this
Agreement.
Modification to Terms of Service
DNSPIXEL reserves the
right to modify the Terms of Service periodically,
for any reason, and without notice. Please review
this Agreement every so often so you will be
apprised of any changes made to this page. Customer
agrees that, during the period of this Agreement,
that we may revise the terms and conditions of this
Agreement and change the services provided under
this Agreement. Any such revision or change will be
binding and effective immediately on posting of the
revised Agreement or change to the service(s) on our
web site.
DNSPIXEL has the right to
discontinue service, or deny access to anyone who
violates our Policies or The Terms and Conditions
shown below, without prior notice or warning.
Refunds of fees paid will not be made if the
customer's account is due to violation of the terms
outlined below.
Information Updated
As part of the signing up process, you are
required to provide us certain information and to
update us promptly as such information changes so
that our records are current, complete and accurate.
You are obliged to provide us the following
information:
Changes in e-mail address
Change of payment method
Change of address
Change of phone number
Change of ownership of account
30
Days Money Back Guarantee
Our service includes a 30
days money back guarantee. If you are not completely
satisfied with our service within the first
30 days, you will be given
a full refund of the monthly fee excluding any setup
fees, account add-ons, bandwidth, overages, or
domain registration. No refunds will be
issued after thirty (30)
days, whether in full or prorated. All refunds will
be made by company check or issued back to the
credit card within thirty (30)
days of receipt of cancellation. Account setup fees,
sofware's licenses,
reseller plan and domain registration fees are not
refundable. In rare case,
there will be no 30 days
refund for sites which consume more then 50%
transfer during the first month.
Please direct refund requests to
sales@dnspixel.com.
Please include the following information:
Please type "Refund Request" in the subject line of
the e-mail
Please indicate the service that you would like a
refund for.
Please indicate the account name and password (if
applicable).
Please indicate the date of purchase.
Please indicate the ammount that you paid for the
service.
Please indicate the reason for return.
Please include the original email reciept and keep a
copy for your records.
All refunds are issued by check regardless of the
method of payment. Please allow one to two (1-2)
weeks for processing and delivery. Refund check is
only issued to the name of the
person/company/organization that was given at the
time of sign up as the "Billing Name". Refunds are
only delivered to the address given at the time of
sign up as the "Billing Address".
Cancellation
Monthly account may be refundable if the account
is canceled prior to the date the account was
activated. All hosting
accounts are to remain in full force and effect
until DNSPIXEL has received
notification via our e-mail no less than 5 business
days prior to the first of the month, as to afford
DNSPIXEL a reasonable
opportunity to act on it. To cancel your account
please send an e-mail to
billing@dnspixel.com
with the following information:
• Username
• Password
• Domain Name
• First and Last 4 digits of your credit card
Guarantees
DNSPIXEL guarantees the service will be available
99.9% per month of the
time for a "Uptime Guarantee" to any of our
customers in good financial standing. Downtime is
defined as the time between when a trouble ticket is
received and when it is resolved. The trouble ticket
must specifically relate to a downtime issue under
the control of the Company. Predetermined percentage
refunds will be applied based upon total downtime
for the month. Downtime refunds are made on an
individual basis per customer. Customer must submit
a trouble ticket for any downtime issues. Total
downtime for the month is calculated using the sum
total of all trouble tickets for an individual
customer. If we fail to meet the 99.9%
Uptime Guarantee, the following credits will apply
to those who qualify:
99.9%
or above = ASSURED
99.5% -
99.89% = 15% DISCOUNT
99.49% - 99.0% = 50% DISCOUNT
Lower than 99.0% = 1 MONTH
FREE
Customers must request such credit within seven
(7) days after Network Unavailability.
Please e-mail to
support@dnspixel.com.
Please include your full name, user name, website,
and the dates and times of the unavailability of
your website. DNSPIXEL will calculate Network
Unavailability in a calendar month. Credits will not
be provided to customers in the event that the
Network Unavailability was due to (I) scheduled
maintenance as posted from time to time at DNSPIXEL,
(ii) customer's behavior or the performance or
failure of customer's equipment, facilities or
applications, or (iii) circumstances beyond
DNSPIXEL's reasonable control, including, without
limitation, acts of any governmental body, war,
insurrection, sabotage, embargo, fire, flood, strike
or other labor disturbance, interruption of or delay
in transportation, unavailability or interruption or
delay in telecommunications or third party services
(including DNS propagation), failure of third part
software or hardware or inability to obtain raw
materials, supplies, or power used in or equipment
needed for provision of your web site.
Note: Credits will only be applied to accounts
in good standing
Restrictions
Credits will not be provided to Customer in the
event that you have any outage resulting from:
1. Third party services
2. Failure of your equipment or applications
3. Scheduled server and network maintenance
4. Off-network Internet traffic
5. DNS Propagation
6. Domain registration or transfer failure
7. Failure to comply with DNSPIXEL AUP and Terms of
Conditions
8. Third party software or scripts
9. Circumstances beyond Providers control including,
but not limited to, acts of nature, terrorism, fire,
flood, sabotage, strike, acts of any governmental
body and war.
:: Billing/Payment Policy ::
Billing Period
All hosting accounts are based on a month to month
prepay basis. Invoices are typically e-mailed
between the 1st and the 10th of the month for the
upcoming billing period. Each billing period runs on
the 1st of each month. The Provider reserves the
right to change monthly fees, additional costs,
billing methods, or any other area of Service it
deems necessary at any time, for any reason. Either
Party may, at its sole discretion, may terminate the
Customers account at any time without refund for any
remaining portion of the monthly fee.
Payment Methods
Payments must be made in USD (United States
Dollars) and received by the 1st of the month. We
accept major credit cards including, Visa,
MasterCard, Discover and American Express. Payment
by Money order or Paypal
(fees apply) are also accepted.
Credit Card Payments
By submitting your credit card information you
agree to allow DNSPIXEL to
charge your credit card each month for any charges
relating to your hosting account. You also agree
that you will not charge-back any amount to your
credit card.
All Credit card charges are typically made on the
first of each month for the Customers monthly
hosting account. Services and features added on to
the account mid-month are charged upon completion of
said service.
If you are due a credit please e-mail
billing@dnspixel.com
with your full name, user name and reason for credit
request.
Paypal
To pay by Paypal please visit:
https://www.paypal.com
» Paypal - user id:
billing@dnspixel.com
Charge Back payments
Returned Checks, Stop Check Payments, and Charge
Back will be subject to a $25 service charge.
Failure to do so will result in account termination.
Domain Registration
When requesting DNSPIXEL
to register a domain on your behalf please be sure
the accuracy of the domain name is correct. We will
not be responsible for client-side mistakes or typos
made to a domain name when registering/transferring
through our system and may refuse any refund to the
customer. DNSPIXEL owns
your domain name for the first completed hosting
year. After that period, we will transfer your
domain name to you.
If your account cancellation is not received
before the new billing month you will not be
entitled to any refund of charges, including
prorated charges.
Please Note: For security and
authentication purposes, phone request is not an
acceptable method of cancellation. To cancel your
account please send an e-mail to:
billing@dnspixel.com
Plan Upgrades
Upgrades to your hosting plan must be made no less
than 3 business days prior to the new billing month.
Plan upgrade requests received after the billing
month begins will not take effect until the next
billing period and any overage charges over current
plan will be applied.
Plan Downgrades
Downgrades to your hosting plan must be made no
less than 3 business days prior to the new billing
month and are subject to a $5 downgrade fee.
Plan downgrade requests received after the billing
month begins will not take effect until the next
billing period , therefore no portion of your
hosting plan will be refundable.
Network Security
Customer agrees that your use of our services is
solely at your own risk. You agree that such
Service(s) is provided on an "as is," "as available"
basis. The Provider expressly disclaims all
warranties of any kind, whether express or implied,
including but not limited to the implied warranties
of merchantability, fitness for a particular purpose
and non-infringement. The Provider makes no warranty
that the Services will meet your requirements, or
that the Service(s) will be uninterrupted, timely,
secure, or error free. This includes loss of data
resulting from delays, and any service interruption
caused by DNSPIXEL
employees.
The Provider will take all necessary precautions
to protect against failure of our equipment and
software. The Customer acknowledges and agrees that
temporary interruptions in service may occur, and
that the Provider shall have no liability for any
claim, cost, charge, loss or expense arising from or
relating to use of the web servers. The Customer
acknowledges and agrees that data may be lost or
corrupted in connection with use of the service. The
Provider may perform regular back-ups of all data
stored on behalf of the Customer, but shall have no
liability to customer in the event all data is lost
or destroyed. The Customer acknowledges and agrees
that in the event restoration of data from backup is
necessary, it may take several days to complete such
restoration of data and resume operation of the
service.
E-commerce
The Customer will be responsible for all content
and transactions related to their on-line store
including, but not limited to credit card
transactions, fulfillment of orders, and calculation
of sales tax, confidentiality and security of their
customers.
Indemnity
The Customer agrees to release, indemnify, and
hold the Provider, our contractors, agents,
employees, officers, directors and affiliates
harmless from all liabilities, claims and expenses,
including attorney's fees, of third parties relating
to or arising under this Agreement, the Services
provided hereunder or your use of the Services,
including without limitation infringement by you, or
someone else using the Service with your computer,
of any intellectual property or other proprietary
right of any person or entity, or from the violation
of any of our operating rules or policy relating to
the service(s) provided. You also agree to release,
indemnify and hold us harmless pursuant to the terms
and conditions contained in the Acceptable Use
Policy. When we are threatened with suit by a third
party, we may seek written assurances from you
concerning your promise to indemnify us; your
failure to provide those assurances may be
considered by us to be a breach of your Agreement
and may result in deactivation of your website(s).
Breach
In the event that the Customer has not complied
with the any part of the Terms of Service Agreement
and AUP, or breaches the Agreement via nonpayment of
monthly charges, the Provider reserves the right to
hold any and all Customer equipment, alter access to
the service, or to terminate the service, without
notice to, or authority from the Customer, and may
refuse any refund due to the Customer.
* We reserved the right to change our Terms Of
Service at any time.
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