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  User Agreement Privacy Policy

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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