Terms and Conditions
All references in these terms and policies to "Pixelmation" ("We," "Us"), we are referring to this Web site and to Pixelmation Internet Technologies™, Pixelmation.com, Pixelmation.net, QuickSites™, QuickSites.Pixelmation.com and all affiliates and subsidiaries. Reference to "this Web site" and/or "QuickSite" (also "QuickSites") refer to the Internet presences and pages of Quicksites.pixelmation.com.
PIXELMATION CLIENT STANDARD TERMS & CONDITIONS ("Agreement")
As our "Customer" (paid user, which is you and/or your company and representatives, including employees, heretofore referred to as "Customer") agree to the following:
PAYMENT: Payment terms for services rendered are NET 15. Web site design/programming contracts require 50% upfront payment of set-up services and the balance of all fees are due upon completion. Set-up fees and upfront payments are not subject to refund if a contract is cancelled unless Pixelmation so deems. All Web hosting service terms automatically renew upon expiration unless written notice of cancellation is received by our office before the date of renewal.
EXPIRATION: All proposals expire 45 days after receipt unless stated otherwise or signed by both parties. Pixelmation bills at the middle of each month for the next upcoming month, and Terms are Net 15 from the invoice date. Web site design set-up fees are non-refundable even if the contract is cancelled. Requests for refund or any other billing dispute requests must be delivered in writing by the US Post Office. Cancellations of service requires written notice delivered by US Post Office or Fax machine (retain your fax record as receipt).
LATE PAYMENTS: Pixelmation services are due and payable in advance and will bill for services up to 30 days in advance. All payments are due and payable within 15 days of notice by written invoice delivered by standard US post office mail. Customer agrees to pay a late penalty fee equal to 1-1/2% of the monthly amount due, or the highest rate allowed by applicable law, on the unpaid balance for any amounts which exceed 30 days. After 30 days, Pixelmation reserves the right to terminate service without any further warning or notice. Customer also agrees to pay additional late fees according to the following schedule: Accounts which are over 60 days outstanding are subject to an additional late fee of $150 to cover the cost of legal notice by our attorney. Accounts which are over 90 days outstanding are subject to an additional late fee of $250 to cover the costs of collection.
ATTORNEY'S FEES: Customer agrees to pay reasonable attorney fees and any other reasonable fees required to enforce all terms and conditions of this contract. In addition, Customer agrees to reimburse Pixelmation any amounts made on behalf of collecting on delinquent payments or required to enforce the payment terms of this contract.
PRIVACY AND DEFAMATORY CONTENT: Customer also warrants and represents that icons, company names, logos, banners, links, content and other information which Customer posts, publishes or places, or prescribes to be placed on your Web advertisement will not (i) violate any international, federal, state or local law or regulation; (ii) in any way violate or infringe upon any party's privacy right, right of publicity, or an other right of any person or entity; (iii) contain any material which is unlawful, harmful, abusive, hateful, obscene, threatening, libelous or defamatory. In cases where you violate this, your company agrees to indemnify Pixelmation against third party suits. Pixelmation makes no warranties, expressed or implied, regarding content seen or not seen by the public and expressly disclaims responsibility for such content to which you are sorely responsible for deleting, removing or adding from the server and of which you have control of. If you do not have control of the content on your web site, you must provide Pixelmation 30 days written notice delivered by certified mail via the US post office of this and give us adequate notice of what you wish to do with the content. A simple service cancellation is not adequate notice of a content problem.
RIGHT TO REMOVE: Customer also acknowledges and agrees that Pixelmation can suspend or remove content and/or your QuickSite if; (i) Pixelmation has not received all fees relating to the payment of services rendered.
DISCLAIMER: CUSTOMER AGREES THAT PIXELMATION DOES NOT GUARANTEE THE EFFECTIVENESS OF WEB ADVERTISEMENT, WEB PAGES OR THE EFFECTIVENESS OF CUSTOMER'S WEB BANNER OR ANY ADVERTISEMENT OR PROMOTION AND WE EXPRESSLY DISCLAIM AND EXCLUDE ALL EXPRESS WARRANTIES AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PIXELMATION CANNOT GUARANTEE IMPRESSION RATES OR CLICK-THROUGH RATES.
RETURNED CHECKS: A returned check charge of $25.00 will be incurred for all returned checks.
INTERRUPTIONS IN SERVICE: Pixelmation is not liable for any errors or interruption in service, whether within or outside of Pixelmation's reasonable control. Service may be temporarily unavailable for scheduled maintenance, either by Pixelmation or by third-party providers, or because of other causes. If Pixelmation is found to be liable by an outside agency or through legal relief, you agree that the maximum amount of liability for such finding is limited to the refund of payment made on behalf of those services. Pixelmation can never be found liable for any consequential damages that may or may not arise out of an interruption in service whether by fault of Pixelmation or by fault of another within Pixelmation's control.
PASSWORD PROTECTION: Customer is responsible for protecting Customer's password and for any authorized or unauthorized use made of Customers' password. Customer will not use or permit anyone to use Pixelmation's service to guess passwords or to access other systems or networks with authorization. Pixelmation will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity. If customer loses their password or username, they must request a new password in writing with proof of identification.
INTERNET ETIQUETTE: Customer is expected to be familiar with and to practice good Internet etiquette (Netiquette). Customer will comply with the rules appropriate to any network to which Pixelmation may provide access. Customer should not post, transmit, or permit Internet access to information Customer desires to keep confidential. Customer is not permitted to post any material that is illegal, libelous, tortuous, or likely to result in retaliation against Pixelmation by offended users. Pixelmation reserves the right to refuse or terminate service at any time. Customer will indemnify Pixelmation and hold Pixelmation harmless from any damage to Pixelmation's business, service, equipment, network, operations, or reputation resulting from Customer's actions, including but not limited to any government actions, acts of vandalism or other retaliation, and any claims of libel, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy or other tort.
CONSENT TO JURISDICTION: If any disputes arise or if litigation is required to enforce any part of this contract, Customer agrees that such disputes will be resolved in accordance with the laws of the state of California and the venue of resolution is deemed as the county of Santa Clara in the state of California.
RESPONSIBILITIES: Pixelmation makes no warranties, expressed or implied, regarding services provided. Pixelmation is not responsible for any damages suffered from the use of our services, including but not limited to, loss of data, service interruptions and/or delays in service, or third party litigation.
BILLING DISPUTES: All billing disputes with Pixelmation must be received at our business office in writing, and the obligation to pay for service will continue until such notice is received or until the contract is fulfilled whichever is later. Written notice must be received by the US post office and because e-mail or electronic mail is not currently deemed 100% reliable, e-mail or verbal notice does not constitute formal written notice. Termination of your service does not constitute relief from amounts incurred prior to termination. Agreements or contracts not on a monthly basis (yearly, quarterly, etc.) can only be cancelled in writing delivered to Pixelmation office by US post office or by fax (please return your fax record as receipt), but the subscriber/customer will be obligated to pay any and all fees until termination of the contract is finalized.
MODIFICATION OF TERMS: Pixelmation reserves the right to change or modify these terms and/or conditions, rates and/or services at any time. Such changes, modifications or additions shall be effective immediately upon written or electronic notification or when made publicly available at http://www.pixelmation.com/tou.php. Any continued use of Pixelmation services by the Customer constitutes acceptance of the most current terms and agreements, superseded only by a written contract signed by both parties and duly notarized.
REFUND PROCESSING: Please allow at least 60 days for the processing of any refunds or credits.
HOSTING REFUNDS: Refund requests may be processed on initial hosting terms ONLY if they are received within 60 days of a new hosting account activation. Such requests are treated as a breaking of the original contract, therefore, forfeiting any and all discounted pricing associated with the term offer. Pixelmation will make adjustments as follows:
- The hosting account bounces to the month-to-month rate for the package original signed up for. The account is subjected to a normal $40 set-up fee if the hosting is terminated within 90 days for the initial hosting order date. And unused hosting after the above fees are applied, is credited back to the client.
- Note: There are NO refunds on hosting contract renewals.
COLLOCATION & CUSTOMER EQUIPMENT: Client agrees that any equipment, facilities modification, or Client provided infrastructure or services that remain in the care or maintenance of Pixelmation for more than thirty (30) days beyond last day of service, regardless of reason or ownership of said items, shall be deemed to be abandoned and Pixelmation shall have the right to remove and or dispose of said equipment, modifications or infrastructure or services (collectively, "Equipment") at its sole discretion.
Furthermore, except as otherwise provided herein, Customer agrees he/she is responsible to keep payments of his/her account current and in good standing. At Customer's request for removal of Equipment, if all accounts are paid and in good standing, Pixelmation will remove and package Customer Equipment and place it in a designated area for pick-up, on the condition that Customer either provides or pays for all needed packaging plus pays Pixelmation's packaging fees and charges. Should Customer use an agent or other third party to pick up/remove Customer Equipment, Customer will be solely responsible for the acts of such party. If Pixelmation is forced to remove or clean up after any Customer due to a delinquent account or abandoned equipment, Pixelmation will invoice and Customer will pay all costs and charges associated with such removal or clean-up. Within thirty (30) days after any termination of the related services, Customer will arrange to pickup all Customer Equipment and any other property from Pixelmation's care. If Customer does not remove such Customer Equipment and property within the thirty day period, such Customer Equipment or property will automatically be deemed abandoned to Pixelmation (collectively "Abandoned Equipment") without the need for further notice to Customer and, Pixelmation, at its option will (i) remove and store any and all Abandoned Equipment, (ii) dispose of the Abandoned Equipment without liability for any related damages, (iii) sell the Abandoned Equipment at any public or private sale, or (iv) assume ownership of the Abandoned Equipment (collectively, "Disposal Rights"). Notwithstanding the foregoing, Pixelmation reserves the right to deny Customer the right to remove Customer Equipment from Pixelmation's care and/or property if Customer is not current in the payment of its obligations pursuant to this Agreement or any other Agreement with Pixelmation, exercise any of its Disposal Rights, stated above, within thirty (30) days after Pixelmation's termination of the related services. Except as specifically provided herein, Customer expressly assumes all risk of loss to Customer Equipment under the collocation agreement. If during the Term, Customer removes significantly all of its Equipment from Pixelmation, Customer will continue to pay the applicable Recurring Charges through the end of the Term and provide adequate assurance, as determined by Pixelmation, in its sole discretion.
At Pixelmation Internet Technologies, we take your privacy seriously, and we know how important it is to you. We are committed to safeguarding your personal information and will do everything possible to protect the information you share with us. Please continue reading, to learn about our Security and Privacy Policies.
When we refer to "Pixelmation" ("We," "Us"), we are referring to this Web site and to Pixelmation Internet Technologies, Pixelmation.com, Pixelmation.net, QuickSites, QuickSites.Pixelmation.com and all affiliates and subsidiaries. Reference to "this Web site" and/or "QuickSite" and/or "QuickSites" we are referring to the Internet presences of Quicksites.pixelmation.com.
1. Customer Information
When you provide Pixelmation with certain contact information, including your name and a valid e-mail address, the information is subject to use in order to send you updates about your order, important news regarding changes to this site, your QuickSite, or Pixelmation, send questionnaires to measure your satisfaction with the quality of service we have provided, and other informational uses.
When you order services from us, you may be asked to provide contact information or personal information that will be integrated into the final product. We use this information to fulfill your order. Pixelmation does not share your project or project information with anyone, except as necessary to provide and/or complete your project(s). We may use the information you have provided when ordering a custom service to gather aggregate information on the popularity and marketability of certain product designs or design features.
Depending on the requirements of your site (project) and your individual needs from us, you may be asked to provide additional information, including your type of credit card, credit card number and billing and shipping address(es). If we have trouble processing your order, we will use such information to contact you. We save this information in the event that you choose to order from us again and for payment renewal of a QuickSite. Please note that Pixelmation uses an outside shipping company as well as an external credit card processing company. These companies are permitted to use such information solely to process and complete your order and are not permitted to retain, share, store or use such information for any other purpose.
We record number of visits, paths taken and time spent on our sites and pages. We may accumulate visitor data relating to referring domains, the type of browsers used, operating system software (e.g., Windows 95 vs. 98), screen resolutions, color capabilities, plug-ins, etc. This information may be stored in a cookie on your computer's hard drive. However, none of this information is personally identifiable and we only share this information in the aggregate, reflecting overall Web site or Internet usage trends.
2. Changing Information
You can easily change any of the information you have provided to us. You can also permanently remove your information from the Pixelmation database. By doing so, however, you will lose any custom services you have created with Pixelmation Internet Technologies and/or QuickSites.
The confidentiality of our customers' information is of the utmost importance to us. We install and update security measures to best prevent the loss, misuse and alteration of the information that we obtain from you.
Our policy is to treat all files, documents and data submitted by our customers with the utmost care and confidentiality. As with all electronic transactions, however, the security of your information can never be 100% guaranteed.
4. Cookie Files
5. Logged Files
Each time you visit QuickSites or browse Pixelmation.com, we may log your computer's unique Internet Protocol (IP) address, which is comprised of a string of numbers separated by periods (e.g., 123.456.78.9), and browser type for administrative purposes. We use your IP address to analyze trends, track your movement within our site, diagnose problems with our servers, efficiently manage QuickSites and our site, and gather general demographic information for aggregate use. Pixelmation does not link your IP address with any information that could personally identify you.
6. Sharing Information
We may share aggregated demographic information with our strategic partners. However, such aggregated demographic information is not linked to any information that could potentially identify you.
7. Special Attention to Children
The services provided by Pixelmation are not directed toward children less than 13 years of age, nor do we knowingly make such services available to children.
Parents may send an e-mail to Pixelmation Customer Service at support@Pixelmation.com or contact us at the address below to review a current copy of their child's profile in our database, request that the profile be changed or deleted, or revoke their consent.
8. General Privacy Provisions