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Terms of Service

Terms of Service

Contractual Agreements

The following terms and conditions apply to the Agreement and each future request for the supply of services and/or materials received by the Agency from the Client from time to time unless otherwise agreed in writing. The communication of a request by the Client to the Agency for the supply of services and/or materials shall amount to the Client’s acceptance of these terms. These terms shall take precedence over any terms and conditions of the Client, whether attached to, enclosed with or referred to in any purchase order of the Client or elsewhere. They may not be varied except by written agreement between the Agency and the Client. 

The Agency’s obligations: The Agency will use its reasonable care and skill in the production and supply to the Client of the Deliverables as per the Proposal.

A 50% deposit is required to begin the project. Client and Agency shall meet regulary to discuss progress. The balance of 50% to be paid upon going live with the new site. Any delay on the part of the client in approvals could set back the delivery date. The payment schedule will start on initial deposit date and end on when the site goes live. If balance is not paid within 30 days of going live, services will be disrupted. Any changes requested by the client after the approval phase will be considered Client Requested Alterations and could be subject to additional charges.

Proposal, Deliverables and Changes: The Client warrants that this Proposal is accurate so far
as is possible. As the Services Cost and any pre-set dates for supply of the Deliverables will be agreed on the basis of the Brief, any changes to it after the conclusion of the Contract, whether resulting from alterations by the Client, delay in providing the Agency with materials, information, instructions or authorizations, supply of faulty materials to the Agency by the Client, or any other circumstances beyond the Agency’s control, will be subject to extra charges for the Agency’s time and work and may involve delays in supply. The Client will pay all reasonable extra charges and reimburse the Agency for any third party charges or expenses incurred by the Agency on the basis of the original Proposal.

Written approval by the Client of final copy, layouts, scripts, storyboards, designs and the like will be the Agency’s authority to proceed with production or publication as appropriate.
Where artwork or other material is sent to the Client for final approval, the Client shall check it carefully and notify the Agency of any errors or alterations. The Agency will effect any changes so notified, but the Agency reserves the right to charge extra if any of these alterations either go beyond the original Brief. Where notification of errors is either unreasonably delayed in this way or does not occur at all before publication, the Agency will not be liable in respect of any such errors. The Agency will also not be liable in respect of errors which may occur after the handover of artwork where the Client oversees the print and production process. The Agency cannot guarantee that any or all colors will be exactly replicated in the final version as published.

Once the Contract is concluded as provided on these terms and conditions, any subsequent cancellation by the Client will result in the Client being liable for the Services Cost incurred to date as if the cancellation had not taken place, excluding such committed third party expenses as the Agency is able to avoid liability for within its existing
contractual commitments to suppliers.

Default: Account unpaid 30 days after the date of invoice (or 15 days in the case of media bookings) will be considered to be in default. If the Client in default maintains any information or files on the Agency’s web space, the Agency will, at its discretion, remove all such material from its web space. Removal of such material does not relieve the Client of the obligation to pay any outstanding amounts. Checks returned as unpaid or refer to drawer will be assessed a return charge of $25 and the Client’s account will immediately be considered in default until full payment is received. Clients with account in default agree to pay the Agency’s reasonable expenses, including legal fees and costs for collection by third-party agencies in enforcing this Agreement.

Termination: Either party may by notice in writing to the other terminate this Agreement forthwith upon the happening of one or more of the following events:

1. if the other shall fail to make any payment due under this Agreement in accordance with the invoice requirements after the due date, or to remedy any other breach within 30 days after being required to do so in writing; or
2. (being a company) passes a resolution for winding up (otherwise than for the purposes of a solvent amalgamation or reconstruction) or a court makes an order to that effect; or
3. being a partnership or other unincorporated association) is dissolved or (being a natural person) dies; or
4. becomes or is declared insolvent or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or
5. has a liquidator, receiver, administrator, administrative receiver, manager, trustee or similar officer appointed over any of its assets; or 6. ceases, or threatens to cease, to carry on its business.
Such termination shall be without prejudice to the parties’ accrued rights and liabilities, in particular, the Agency’s entitlement to payment for work done.

Unless otherwise agreed in writing the Agency will arrange and oversee all production and post-production related to the Project. Should it be agreed that the Client arranges any production work itself, then in that regard the Agency shall not be responsible for the booking.

The Agency is not liable for any breach of this Agreement caused by matters beyond its reasonable control including acts of God, fire, lightning, explosion, war, disorder, flood, industrial disputes (whether or not involving the Agency’s employees), weather of exceptional severity, unavoidable hardware or software failures, or acts of local or central government or other authorities. 

This Agreement is the entire agreement between the parties on the subject matter contained herein and supersedes all representations, communications and prior agreements between the parties in that regard. Each party acknowledges that it has entered into this Agreement in reliance only on the representations, warranties, promises and terms contained or expressly referred to in this Agreement and, save as expressly set out in these terms and conditions, neither party shall have any liability in respect of any other representation, warranty or promise unless it was
made fraudulently.

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with North Carolina State Law and each of the parties irrevocably submits to the non-exclusive jurisdiction of the courts of The United States.

Hosting Terms of Service

This Terms of Service, or TOS, is a contract between you and Pixallus Hosting, Inc. (Pixallus Hosting, Pixallus, we, us, or our). All clients of Pixallus Hosting agree to abide by these policies. All clients of Pixallus Hosting also warrant that they are at least 18 years of age, and that they have the right and authority to bind themselves, or the company that they represent, to the terms of this TOS. This TOS, may be modified from time-to-time. All clients of Pixallus Hosting agree to be bound by these modifications. The most recent version of this TOS can always be found here.

While we facilitate your business on the Internet, we are an independent contractor. We only have control of the products and services we provide directly, and are not liable for your actions, the actions of our third party service providers, or the actions of individuals who use your products and services (End Users).

Pixallus Hosting provides a number of services to its customers. The services and products provided to you by Pixallus Hosting, as set out on our website, are referred to as the Services. We provide the Services to you based on the description of them on our website as of the Effective Date. Should our website change subsequent to the Effective Date, we have no obligation to modify the Services to reflect such a change.

The Services may be provided by third parties. These third parties may have reserved the right to make changes, including material changes, to the services provided by them. We will use commercially reasonable efforts to inform you of those changes. However, you may not terminate this TOS based on such a change by a third party.

We resell domain names. When you apply to register a domain name, your request is transmitted to eNom. You are bound by eNom’s domain name registration policies and procedures. These policies and procedures are available here. Because there is often a period of time between your registration request and the actual registration of the domain name, we do not guarantee that your registration domain name will be registered.

We will use commercially reasonable efforts to register or update domain names. However, circumstances beyond our control, such as billing issues, may result in your domain name failing to register, or to lapse. Our liability in such a case is limited by paragraph 12 below. For this reason, it is your obligation to ensure that your domain name does not lapse.

If you purchase Virtual Private Server services from us, you also agree to be bound by Part B of this TOS which provides additional terms and conditions that govern our Virtual Private Server services. Part B supplements this TOS. Its provisions do not replace it.

You are required to provide us with accurate information when setting up your account, during the course of our relationship, and when corresponding with us. On occasion, we may need to communicate with you by e-mail about the Services. You agree to maintain a working e-mail address that is monitored daily. We have no responsibility, or liability, for interruptions in the Services, or damages of any sort, based on communications that are misdirected as a result of your failure to provide us with updated contact information.

All prospective customers are subject to a credit check and screening for potential fraud. We are not bound by this TOS until these procedures are completed to our satisfaction.

The “Effective Date” of this TOS will be the day on which we receive payment from you.

This TOS will begin on the Effective Date and continue for the term set out on the page describing the Services (Initial Term). After the expiration of the Initial Term, this TOS will renew for successive periods of equal length (Renewal Term). If the page describing the Services does not contain an Initial Term, the Initial Term shall be one month.

Your invoice is generated 10 days prior to its due date. The due date is the day of the month you signed up (Due Date). Your credit card will be charged on the Due Date. You are responsible for the fees and charges set out on the page describing the Services you have purchased, according to the terms set out on that page. In addition, certain aspects of the Services may be billed by third parties to you, through us. All of these are referred to collectively as “Fees.”

We reserve the right to immediately terminate this TOS, and suspend or cancel the Services: (i) for a violation of any of our policies, including those incorporated by reference; and/or (ii) your failure to pay any amounts due. This right of termination is without prejudice to any other rights we may have. You are not entitled to any type of notice or protest should we exercise these rights.

Upon termination, your account will be closed. We have no responsibility to forward e-mail, or other communications, for you once your account is closed. You are encouraged to keep the Service active during a transition period should you seek to forward your e-mail or other communications.

One party may also terminate this TOS upon the occurrence of a material breach, which has not been cured by the other party within 10 days of their receipt of written notice of the breach. For the purposes of defining a material breach, materiality shall be determined from the perspective of a reasonable business person with significant experience in Internet business. Notices of material breach must contain sufficient detail for the party against whom the assertion of material breach is directed to identify the breach and attempt to take corrective action.

You may cancel this Agreement at any time by providing written notice to us as provided in the paragraph entitled “Termination” We only accept cancellations through our online cancellation form found in Pixallus Hosting Client Portal. It is important to note that if the Order Form contains a term commitment, you will be responsible for all termination charges based on your cancellation. The fact that you cancel this Agreement does not relieve you of responsibility for these charges. If you have a term agreement with us, we strongly suggest you contact us prior to canceling to determine what your cancellation obligations will be.

Hosting services carry an unconditional 30 day satisfaction guarantee. To cancel your hosting services and receive a refund, you must contact us within 30 days from the Effective Date of the particular Services you wish to cancel. Only your monthly fee are refundable. Set up, domain name registration, SSL Certificate, and other one-time fees are not refundable. If you paid us by credit card we will credit the card on file, Paypal payments will be refunded on-line. Payments made by check are not refundable. Any custom orders or configuration setups are non-refundable.

Your use of the Services are governed by our Acceptable Use Policy (AUP) and Privacy Policy which are incorporated into this TOS by reference. In the event of inconsistencies between this TOS and the AUP, on the one hand, or the Privacy Policy, on the other, the AUP or Privacy Policy shall govern.

The terms “unlimited” and “unmetered” are defined by our experience with similarly situated customers. This means that your use of our resources may not exceed that of similarly situated customers. Examples of primary purposes for an account that are not allowed include, but are not limited to:

Audio/Video streaming (other than that which is incidental to a site’s operation)
Very large photo galleries
Storage of a large amount of uncompressed or full-size digital images
Online file (FTP) serving
Distribution of large audio or video content such as MP3 files
Online backups (i.e. backup of desktop/laptop computer, files, or anything not directly related to the website)
You may not place excessive burdens on our CPUs, servers or other resources, including our customer support services. You understand that bandwidth, connection speeds and other similar indices of capacity are maximum numbers. Consistently reaching these capacity numbers may result our need to place restrictions on your use of the Services. You agree that we may place restrictions on your use of the Services or customer support services to the extent that they exceed the use of these resources by similarly situated customers.

Shared web hosting accounts are allowed to use a maximum of 600,000 inodes and 35 concurrent HTTP connections to the server. Backups older than 30-days in a customer account may be removed from the server at our discretion. Complimentary Server Rewind for shared web hosting backups are limited to a 50GB quota. If you exceed 50GB of disk usage in your account, your account will no longer be backed up. Please download any cPanel backups and store them locally.

VPS accounts are limited to a maximum of 2,000,000 inodes.

You agree to cooperate with us to facilitate your use of the Services. This cooperation includes, but is not limited to, providing us with correct contact and billing information and ensuring that you, your employees, and/or agents have sufficient technical expertise to understand how to implement the Services.

You are responsible for all long distance and/or connection charges associated with the Services. You are responsible for the Fees once our Services are made available to you. It is your responsibility to ensure that you can connect with us to use the Services.

You have read and agree to the policies outlined in the Pixallus Hosting Support Policy, which is incorporated into this TOS by reference.

Pixallus Hosting grants to you a non-exclusive, non-transferable, worldwide, royalty free license to use technology provided by Pixallus Hosting solely to access and use the Services. This license terminates on the expiration or termination of this TOS. Except for the license rights set out above, this license does not grant any additional rights to you. All right, title and interest in Pixallus Hosting’s technology shall remain with Pixallus Hosting, or Pixallus Hosting’s licensors. You are not permitted to circumvent any devices designed to protect Pixallus Hosting, or its licensors’, ownership interests in the technology provided to you. In addition, you may not reverse engineer this technology.

We may provide technical support, implementation, customer service or administrative information to you. This information is not confidential. We may use this information, as well as aggregate information gleaned from the operation of our business in general, to improve, or create new products and services. We shall be the exclusive owners of this intellectual property. You waive any rights you may in this intellectual property, and assign all right, title and interest in it to us.

You grant Pixallus Hosting, and any third parties used by Pixallus Hosting to provide the Services, a non-exclusive, non-transferable, worldwide, royalty free license to use, disseminate, transmit and cache content, technology and information provided by you and, if applicable, End Users, in conjunction with the Services. This license terminates on the expiration or termination of this TOS. All right, title and interest in your technology shall remain with you, or your licensors.

Pixallus Hosting warrants that it will perform the Services in accordance with other similarly situated companies. To make a warranty claim, you must notify Pixallus Hosting in writing within 30 days of the date Pixallus Hosting’s alleged breach. Your exclusive remedy, and Pixallus Hosting’s sole obligation, in the case of a breach of warranty is, at Pixallus Hosting’s option, to (i) reperform the Services; or (ii) issue you a credit based on the amount of time the Services were not in conformity with this warranty, subtracted (“pro-rated”) by the amount of time they were in conformance. For the purposes of Pixallus Hosting’s warranty, the following issues shall not constitute services within the definition of “similarly situated companies”: up-time, “up-time guarantees” or other items for which Pixallus Hosting provides a service level agreement, regardless of whether a service level agreement is, or was, available for the Services.

Services provided by third parties are expressly excluded from this warranty.

You represent and warrant to Pixallus Hosting that: (i) you have the experience and knowledge necessary to use the Services; (ii) you understand and appreciate the risks inherent to you, your business and your person, that come from using the Services in particular, and doing business on the Internet in general; (iii) you will provide us with material that may be implemented by us to provide the Services without extra effort on our part; and/or (iv) you have sufficient knowledge about administering, designing and operating the functions facilitated by the Service to take advantage of the Service.

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. OTHER THAN AS EXPRESSLY SET OUT HEREIN, PIXALLUS HOSTING HAS NOT, AND DOES NOT, MAKE ANY WARRANTIES WHETHER EXPRESS OR IMPLIED. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, AND TITLE. PIXALLUS HOSTING DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. PIXALLUS HOSTING IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO, OR FROM, YOU OR STORED BY YOU OR ANY OF YOUR CUSTOMERS VIA THE SERVICES PROVIDED BY US. PIXALLUS HOSTING SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY US. NO WARRANTIES MADE BY THESE THIRD PARTY ENTITIES TO PIXALLUS HOSTING SHALL BE PASSED THROUGH TO YOU, NOR SHALL YOU CLAIM TO BE A THIRD PARTY BENEFICIARY OF SUCH WARRANTIES.

THIS WARRANTY DISCLAIMER EXTENDS TO ANY ORAL OR WRITTEN INFORMATION YOU MAY HAVE RECEIVED FROM PIXALLUS HOSTING, ITS EMPLOYEES, THIRD-PARTY VENDORS, AGENTS OR AFFILIATES. YOU MAY NOT RELY ON SUCH INFORMATION.

SOME STATES DO NOT ALLOW PIXALLUS HOSTING TO EXCLUDE CERTAIN WARRANTIES. IF THIS APPLIES TO YOU, YOUR WARRANTY IS LIMITED TO 90 DAYS FROM THE EFFECTIVE DATE.

It is your obligation to ensure the accuracy, integrity, title or ownership, and security of anything you receive from the Internet. You agree that Pixallus Hosting has no liability, of any sort, for content you or your customers access from the Internet.

Pixallus Hosting provides no guarantee that the Services will be uninterrupted, or continuous, that you will be able to access Pixallus Hosting’s network at a particular time, that any data transmitted by Pixallus Hosting is accurate, error free, virus free, secure, or inoffensive. You acknowledge that it is your responsibility to keep back-up copies of your data. Pixallus Hosting is not responsible for any loss of data, for any reason. Pixallus Hosting is not liable for unauthorized access to, or any corruption, erasure, theft, destruction, alteration or inadvertent disclosure of, data, information or content, transmitted, received, or stored on its network.

IN NO EVENT WILL Pixallus HOSTING’S LIABILITY HEREUNDER EXCEED THE AGGREGATE FEES ACTUALLY RECEIVED BY Pixallus HOSTING FROM YOU FOR THE 3 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. FOR THE PURPOSES OF THIS PARAGRAPH ONLY, THE TERM Pixallus HOSTING SHALL BE INTERPRETED TO INCLUDE Pixallus HOSTING’S EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, AFFILIATES, AND THIRD PARTIES PROVIDING SERVICES TO YOU THROUGH US.

YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD PIXALLUS HOSTING OR ITS LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS, LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU, ANY OF YOUR END USERS OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF PIXALLUS HOSTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; YOU AGREE THAT IN THOSE JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

You agree to indemnify, defend and hold harmless Pixallus Hosting and its parent, subsidiary and affiliated companies, third party service providers and each of their respective officers, directors, employees, shareholders and agents (each an “indemnified party” and, collectively, “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to (i) your use of the Services (ii) any violation by you of any of Pixallus Hosting’s policies; (iii) any breach of any of your representations, warranties or covenants contained in this TOS; and/or (iv) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement. For the purpose of this paragraph only, the terms used to designate “you” include you, your customers, visitors to your website, and users of your products or services, the use of which is facilitated by us.

Pixallus Hosting shall indemnify and hold you harmless from, and at its own expense agrees to defend, or at its option to settle, any claim, suit or proceeding brought or threatened against you so far as it is based on a claim that a product or service provided by Pixallus Hosting hereunder infringes any patent, copyright, or trademark. This indemnification provision is expressly limited to products or services which are fully owned by Pixallus Hosting. It does not extend to products or services provided by third parties. If set out in its agreements with third-party suppliers, Pixallus Hosting shall flow down similar intellectual property indemnification provisions to you. This paragraph will be conditioned on your notifying Pixallus Hosting promptly in writing of the claim and giving Pixallus Hosting full authority, information, and assistance for the defense and settlement thereof. You shall have the right to participate in the defense of the claim at your expense. If such claim has occurred, or in Pixallus Hosting’s opinion is likely to occur, you agree to permit Pixallus Hosting, at its option and expense, either to: (i) procure for you the right to continue using the product or service; (ii) replace with a product or service, regardless of manufacturer, performing the same or similar function as the infringing product or service, or modify the same so that it becomes non-infringing; or (iii) if neither of the foregoing alternatives is reasonably available, immediately terminate Pixallus Hosting’s obligations (and your rights) under this TOS with regard to such product or service, and, refund the Fee charged by us for the period in which the Services were unavailable.

Notices will be sent to you at the address you provide to us. It is your obligation to ensure that we have the most current address for you.

Please refer to our website, http://pixallus.com/hosting, for contact information for most issues, including technical support and billing. Notices regarding this TOS and other Pixallus Hosting policies should be directed to: info@pixallus.com

Pixallus Hosting offers a 99.9% uptime guarantee. This guarantee excludes scheduled maintenance periods as outlined in our Maintenance Policy. The Pixallus Maintenance Policy is available at

Except for the obligation to pay monies due and owing, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party’s reasonable control, including without limitation acts of God, bandwidth interruptions, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, or delays of common carriers or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day to day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible, but in no event less than ten days from the beginning of the event.

The validity, interpretation, and performance of this TOS, and of the agreements and policies that apply to the Services, shall be controlled by and construed under the laws of the State of North Carolina, United States of America, as if performed wholly within the state and without giving effect to the principles of conflicts of law. You agree that jurisdiction and venue are proper in the state courts located in North Carolina. The parties specifically disclaim the UN Convention on Contracts for the International Sale of Goods.

All claims you bring against us must be resolved in accordance with this TOS. Without limiting the previous sentence, this includes claims based on service outages which are expressly covered by our SLA. All claims filed or brought contrary to this TOS will be considered to be improperly filed and a breach of this TOS. If you file a claim contrary to this TOS, we may recover attorneys fees and costs. Attorney’s fees include any fees charged by our in-house, or virtual in-house, attorneys.

No waiver of rights under this TOS, or any Pixallus Hosting policy, or agreement between you and Pixallus Hosting shall constitute a subsequent waiver of this or any other right under this TOS.

This TOS may be assigned by Pixallus Hosting. It may not be assigned by you. This TOS shall bind and inure to the benefit of the corporate successors and permitted assigns of the parties.

In the event that any of the terms of this TOS become or are declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, such term(s) shall be null and void and shall be deemed deleted from this TOS. All remaining terms of this Agreement shall remain in full force and effect.

Sections 11, 12, 13, 14, 15, 18, 19, 22 and 23 shall survive the termination of this Agreement.

We will provide, at no cost to you, one primary IP address by default, which will be subject to change at any time. You may use this address only in association with the Services, it may not be transferred.

You will have no physical access to the Virtual Private Server.

While the Virtual Private Server may appear to be dedicated solely to your use, the server it is on will be shared with other Pixallus Hosting customers. You will take no actions to limit the use of the Equipment by our other customers or other entities in general. You will not alter, or attempt to alter mechanisms, including software, implemented by us to facilitate the sharing of a server. You understand that certain aspects of the Virtual Private Server designed to facilitate use by multiple parties may affect your use and administration of the Virtual Private Server. You may not terminate this Agreement based on the implementation of these features.

Support Policy

This is Pixallus Hosting, Inc.’s (“Pixallus Hosting”, “we”, or “our”) Support Policy.  The purpose of this Support Policy is to clearly lay out Pixallus Hosting’s support policies and procedures so that all customers have a clear understanding of what can be expected of us and what we expect of you, our valued customer, in connection with our delivery and your use of the Services (as defined in the Terms of Service). We ask that every customer read these policies and familiarize themselves with them. We look forward to providing quality support for all of your hosting needs.  Capitalized terms used but not defined in this policy have the meaning given to them in our Terms of Services, located at: https://pixallus.com/tos

Before attempting to troubleshoot any issue yourself or engaging us to assist with Service issues, please BACKUP ANY AND ALL DATA.  Pixallus Hosting is not responsible for any data loss or corruption, including that resulting from: (i) our authorized actions, (ii) those actions you take using the Services, (iii) hardware failures, or (iv) any software or other technology failures.

  1. Support Generally. Support we offer is included as a Service.  We do not charge for responding to technical support tickets or LiveChat but we do expect you to abide by the terms of this Support Policy and our other Policies when utilizing this Service.
  2. Technical Support Tickets. This is our primary support system. Almost ALL issues will require the submission of a trouble ticket. This is our preferred method because of the ability to track issues to resolution and give us time to properly review and research problems. Please do not submit multiple tickets about the same problem as that simply creates confusion. If you need to add information to an existing ticket, please do so in the existing ticket by logging into the support system or by replying to the ticket email.
  3. LiveChat. LiveChat is available by clicking the Chat Button button on our website. This gives you the ability to immediately contact one of our representatives. Due to the nature of live chat, our goal is to gather all necessary details and open a support ticket on your behalf. Our team is focused on ensuring proper resolutions as quickly as possible.
  4. Phone. In the unlikely event that you experience a service interruption, we ask that you immediately call our support team and report the issue. Our support staff will work with you to resolve the issue. We understand that your time is valuable and we do our best to avoid any live troubleshooting of issues. Our staff will gather as much detail from you during your call and open a ticket on your behalf. We would be more than happy to call you back if you provide a call back number or we will attempt to use the phone number associated with your account if no call back number is provided.

We strive to provide you with courteous, professional, and technically accurate support. Although we understand how frustrating technical problems can be, we ask that you treat us with respect and we will do the same in return. Our ultimate goals are the same, providing you with accurate support in a timely manner. If you feel you have been treated unfairly or have any other complaints, you may contact us to reach a supervisor directly.

The timeframes below are when the applicable method of support is provided.  You can of course submit tickets outside this time frame, but answers may not be received until business hours resume.

  1. LiveChat: Monday-Friday 9:00AM – 7:00PM US Eastern Time
  2. Billing Tickets: Monday-Friday 9:00AM – 7:00PM US Eastern Time

Billing and Sales tickets are handled as quickly as possible.  Please see our Refund and Billing Policy, located at: https://pixallus.com/refund-and-billing-policy, for more information regarding Pixallus Hosting’s billing policies. You can view invoices and update your payment method by accessing the customer portal located at: https://pixallus.com/terms-of-service/.

Server Maintenance Policy

This is Pixallus Hosting, Inc.’s (“Pixallus Hosting”, “we”, or “our”) Server Maintenance Policy.  This Server Maintenance Policy discusses the ways in which we maintain our technology to improve and administer the Services (as defined in the Terms of Service) and how you will be impacted by those actions.  Capitalized terms used but not defined in this policy have the meaning given to them in our Terms of Services, located at: https://pixallus.com/tos.

We offer a 99.9% uptime commitment.  We will use our commercially reasonable efforts to provide the Services twenty-four (24) hours a day, seven days a week.  However, in order to operate in an efficient and secure manner, servers and network equipment require routine maintenance and upgrades (“Scheduled Downtime”) and you acknowledge that from time to time the Services may be unavailable for various reasons, including due to Scheduled Downtime or causes beyond our control. We will provide commercially reasonable advance notice to you for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility, or inoperability of our web servers but we are not responsible for the unavailability.

  1. Planned outages, including Scheduled Downtime, during these periods will not fall under our 99.9% uptime commitment.  Pixallus Hosting will make a reasonable effort to advise Pixallus Hosting customers as far in advance as possible of any predicted extended outages.

    1. Definitions.  Three types of maintenance downtimes are defined:
      1. Routine Maintenance” means a weekly short downtime necessary for quick updates and patches requiring reboots or restarts.
      2. “Comprehensive Maintenance” means a longer monthly or otherwise scheduled downtime necessary for more significant enhancements.
      3. “Emergency Maintenance” means a service affecting maintenance that is so severe it requires immediate attention.
      4. “Scheduled Downtime” includes (i) and (ii) above.
    2. Intervals. The Scheduled Downtime intervals are as follows (the time zone is where the data center or server is located):
      1. Routine Maintenance Window (Weekly). Sunday mornings, from 12:00 AM until 5:00 AM Eastern Time, outages should not exceed fifteen (15) minutes unless other problems are encountered and will NOT be announced.
      2. Comprehensive Maintenance Window (Monthly or Scheduled). First Saturday evening of every month from 7:00 PM until 7:00 AM Eastern Time Sunday morning or otherwise scheduled and communicated to affected customers via your contact email address.
      3. Emergency Maintenance. This type of maintenance is inherently not scheduled and is only used in extreme circumstances. We will make our best effort to notify customers should this become necessary.
    3. Limitations. This Server Maintenance Policy includes but is not limited to: (i) shared servers and accounts, (ii) reseller servers and accounts, (iii) VPS servers and accounts, (iv) dedicated servers and accounts, (v) all network equipment, and (vi) internal websites such as billing and support.  Major system upgrades may require additional Scheduled Downtime.

Before attempting to troubleshoot any issue yourself or engaging us to assist with Service issues, please BACKUP ANY AND ALL DATA.  Pixallus Hosting is not responsible for any data loss or corruption, including that resulting from: (i) our authorized actions, (ii) those actions you take using the Services, (iii) hardware failures, or (iv) any software or other technology failures.

  1. It is the responsibility of the customer to make sure that all Services being provided on their servers are setup to resume operations automatically upon reboot or restart of the particular Service you have with us. Pixallus Hosting will not be held responsible for any problems or service outages caused due to reboots during standard maintenance periods.
  2. WE HAVE NO RESPONSIBILITY FOR DOWNTIME RESULTING FROM YOUR ACTIONS.
  3. Please contact support and file a ticket if you have any questions.

Acceptable Use Policy

Thank you for your business. Pixallus Hosting, is in the business of facilitating communication between computer networks. Our goal is to allow our users complete access to everything the Internet has to offer, and to help them build their businesses. This Acceptable Use Policy (AUP) facilitates this goal by governing your use of our network. Because of the evolving nature of the Internet, our business, and the various ways in which our network may be abused, abusive activities not set out in this AUP may still be prohibited. For the same reason, we reserve the right to update this AUP from time-to-time. The most recent version will always be posted here. This AUP is part of our customer.s contract with us, and governs third party’s use of our network and resources. If you are a customer, you’ve agreed to abide by this AUP when you checked “I agree” to our Terms of Service. If you are not our direct customer, you agree to abide by this AUP by using services provided by or through us.

This AUP covers products provided by, or through, us.

You are bound by policies from other entities who provide products through us to you. These policies are “passed through” to you by this AUP. You are strongly encouraged to review these policies prior to agreeing to be bound by this AUP. We will provide you with information about these policies on request.

This acceptable use policy covers the products, services, and technologies (collectively referred to as the “Products”) provided by Pixallus, LLC under any ongoing agreement. It’s designed to protect us, our customers and the general Internet community from unethical, irresponsible and illegal activity.

Pixallus, LLC customers found engaging in activities prohibited by this acceptable use policy can be liable for service suspension and account termination. In extreme cases, we may be legally obliged to report such customers to the relevant authorities.

This policy was last reviewed on 29 November 2023.

You may use our network for lawful purposes only. Your use must also correspond with accepted Internet usage, not endanger our network or our corporate business goals. What is acceptable is determined solely by us. We do not review, edit, censor, or take responsibility for any information transmitted using our network. Because of this, we cannot accept any responsibility from customers or third parties that results from inaccurate, unsuitable, offensive, or illegal content or transactions.

Unsolicited commercial e-mail, or SPAM, is prohibited.

Our network is not designed to be used for mailing lists with over 500 recipients. You may not send e-mail to more than 500 recipients. Even if you send e-mail to fewer than 500 recipients, we will consider your mail to be unsolicited, or SPAM, if it results in a number of complaints to us, disrupts our network, or subjects us to unfavorable action by other Internet providers. Please review the “CAN-SPAM Act” and ensure that any commercial e-mail you send complies with this Act. E-mail that is “CAN-SPAM compliant” may still otherwise be prohibited by our AUP.

If you believe one of our customers is engaged in spamming, please send an e-mail containing all headers, and your contact information, to: info@pixallus.com

Intellectual property rights are respected.

You are required to comply with U.S. laws governing copyrights, trademarks, patents and other laws governing intellectual property. Please send complaints about abuse of intellectual property rights, other than copyright, to the address in paragraph 7.

Certain content is prohibited.

You are responsible for any content transmitted, or accessed, using our network. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation is prohibited. You may not use our network to directly facilitate the violation of any particular law, regulation or this AUP. The activities listed below are meant to provide you with examples of activities that are strictly prohibited by this AUP. Use of our network to engage in the following activities is strictly prohibited:

defamation, harassment, obscenity, or threatening activity;
selling, or otherwise disseminating, pornography or other erotic material, regardless of its literary merit; gambling or chain letters, regardless of content, and regardless of your citizenship;
advertising, advocating or operating HYIP, Ponzi or Pyramid schemes;
posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 20) or continued posting of articles which are off-topic according to the newsgroup charter, or which provoke complaints from the regular readers of the newsgroup for being inappropriate);
impersonating another user or otherwise falsifying one’s user name in e-mail, Usenet postings, on Internet Relay Chat (IRC), or with any other Internet service;
network unfriendly activity: attempts to interfere with our network or network connections or which adversely affect the ability of other people or systems to use our network or the Internet;
creating, posting or sending Warez, Roms, CD-Keys, cracks, passwords, serial numbers, Internet viruses, worms or Trojan horses, flood or mail bombs, or engaging in denial of service attacks;
posting links to prohibited items, facilitating a violation of this AUP, or instructing others in illegal or prohibited activities; and setting up or using (via the Service) proxies of any kind.
If you believe that our customer is using our network in violation of this paragraph, please contact us using the contact information set out in paragraph 7 below.

We are each responsible for ensuring the stability of our network.

Our network is designed to meet the anticipated needs of our customers, users, and our needs. If we determine that your use of our network impairs the stability of our network, we may suspend your use of the network, or terminate our agreement with you. Examples of activity that jeopardize the stability of our network include, but are not limited to: using excess bandwidth, overutilization of our servers, and excessive e-mail usage

We may monitor your use of our network, including communications.

We have the duty and obligation to comply with U.S. law. In certain cases that means that your use of our network will be monitored. This monitoring may include monitoring your e-mail, or other methods of communication, including voice communication. You may not be notified that we are monitoring your use of the network. You agree that we are not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that you have no expectation of privacy.

From time-to-time we may monitor your use of the network for statistical purposes and to improve the use of our network. Any such monitoring will be done in accordance with our Privacy Policy, and our Terms of Service. A copy of our Privacy Policy may be found here: https://pixallus.com/privacy-policy. A copy of our Terms of Service may be found here: https://pixallus.com/hosting-tos .

Certain uses of our network may be restricted by U.S. export laws. U.S. export laws apply to your use of our network even if you do not reside in the United States. These laws restrict the use of our services in certain cases, including a restriction on selling products that may be legal to sell in the U.S., but illegal to export. In addition, U.S. export laws may restrict with whom you may do business. We encourage you to learn more about U.S. export laws to ensure that your use of our network complies with these laws. More information about U.S. export laws may be found at: http://www.export.gov/.

The IP addresses we assign to you are the only ones you may use on our network. Your use of the network may be suspended if we determine that you are using other IP addresses. IP addresses are part of your use of the network, and are owned by us and simply assigned to you while you are a customer. We may change these addresses if necessary. IP addresses may not be assigned or transferred, and will be recycled by us if you terminate your use of our network.

We may provide software for you to use while you are a customer. Generally speaking, this software is sublicensed to you, and may not be further sublicensed or used for purposes other than those expressly permitted in this AUP, and in the documentation provided with the software. You will be given, or given access to, a software license. This license may further restrict your use of the software. We do not provide support for software whether you license it through us, or have licensed it independently.

We provide our facilities with the assumption your use will be “business as usual”, as per our offer schedule. If your use is considered to be excessive, then additional fees may be charged or capacity may be restricted.

We are opposed to all forms of abuse, discrimination, rights infringement and/or any action that harms or disadvantages any group, individual or resource. We expect our customers and, where applicable, their users (“end-users”) to likewise engage our Products with similar intent.

We regard our customers as being responsible for their own actions as well as for the actions of anyone using our Products with the customer’s permission. This responsibility also applies to anyone using our Products on an unauthorized basis as a result of the customer’s failure to put in place reasonable security measures.

By accepting Products from us, our customers agree to ensure adherence to this policy on behalf of anyone using the Products as their end users. Complaints regarding the actions of customers or their end-users will be forwarded to the nominated contact for the account in question.

If a customer — or their end-user or anyone using our Products as a result of the customer — violates our acceptable use policy, we reserve the right to terminate any Products associated with the offending account or the account itself or take any remedial or preventative action we deem appropriate without notice. To the extent permitted by law, no credit will be available for interruptions of service resulting from any violation of our acceptable use policy.

Copyright infringement and access to unauthorized material

Our Products must not be used to transmit, distribute or store any material in violation of any applicable law. This includes but isn’t limited to:

  1. any material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and
  2. any material that is obscene, defamatory, constitutes an illegal threat or violates export control laws.

The customer is solely responsible for all material they input, upload, disseminate, transmit, create or publish through or on our Products, and for obtaining legal permission to use any works included in such material.

SPAM and unauthorized message activity

Our Products must not be used for the purpose of sending unsolicited bulk or commercial messages in violation of the laws and regulations applicable to your jurisdiction (“spam”). This includes but isn’t limited to sending spam, soliciting customers from spam sent from other service providers, and collecting replies to spam sent from other service providers.

Our Products must not be used for the purpose of running unconfirmed mailing lists or telephone number lists (“messaging lists”). This includes but isn’t limited to subscribing email addresses or telephone numbers to any messaging list without the permission of the email address or telephone number owner, and storing any email addresses or telephone numbers subscribed in this way. All messaging lists run on or hosted by our Products must be “confirmed opt-in”. Verification of the address or telephone number owner’s express permission must be available for the lifespan of the messaging list.

We prohibit the use of email lists, telephone number lists or databases purchased from third parties intended for spam or unconfirmed messaging list purposes on our Products.

This spam and unauthorized message activity policy applies to messages sent using our Products, or to messages sent from any network by the customer or any person on the customer’s behalf, that directly or indirectly refer the recipient to a site hosted via our Products.

Unethical, exploitative, and malicious activity

Our Products must not be used for the purpose of advertising, transmitting or otherwise making available any software, program, product or service designed to violate this acceptable use policy, or the acceptable use policy of other service providers. This includes but isn’t limited to facilitating the means to send spam and the initiation of network sniffing, pinging, packet spoofing, flooding, mail-bombing and denial-of-service attacks.

Our Products must not be used to access any account or electronic resource where the group or individual attempting to gain access does not own or is not authorized to access the resource (e.g. “hacking”, “cracking”, “phreaking”, etc.).

Our Products must not be used for the purpose of intentionally or recklessly introducing viruses or malicious code into our Products and systems.

Our Products must not be used for purposely engaging in activities designed to harass another group or individual. Our definition of harassment includes but is not limited to denial-of-service attacks, hate-speech, advocacy of racial or ethnic intolerance, and any activity intended to threaten, abuse, infringe upon the rights of or discriminate against any group or individual.

Other activities considered unethical, exploitative and malicious include:

  1. Obtaining (or attempting to obtain) services from us with the intent to avoid payment;
  2. Using our facilities to obtain (or attempt to obtain) services from another provider with the intent to avoid payment;
  3. The unauthorized access, alteration or destruction (or any attempt thereof) of any information about our customers or end-users, by any means or device;
  4. Using our facilities to interfere with the use of our facilities and network by other customers or authorized individuals;
  5. Publishing or transmitting any content of links that incite violence, depict a violent act, depict child pornography or threaten anyone’s health and safety;
  6. Any act or omission in violation of consumer protection laws and regulations;
  7. Any violation of a person’s privacy.

Our Products may not be used by any person or entity, which is involved with or suspected of involvement in activities or causes relating to illegal gambling; terrorism; narcotics trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles; in each case including any affiliation with others whatsoever who support the above such activities or causes.

Unauthorized use of Pixallus, LLC property

We prohibit the impersonation of Pixallus, LLC, the representation of a significant business relationship with Pixallus, LLC, or ownership of any Pixallus, LLC property (including our Products and brand) for the purpose of fraudulently gaining service, custom, patronage or user trust.

Our privacy policy may be found here: https://pixallus.com/privacy-policy. Entities who provide products to us may have privacy policies that differ from ours. We will be happy to provide you with the names of those businesses who provide products through us to you, and links to their privacy policies, on your request.

We may disclose information, including information that you may consider confidential, in order to comply with a court order, subpoena, summons, discovery request, warrant, regulation, or governmental request or to protect our business, or others, from harm. We assume no obligation to inform you that we have provided this type of information unless we have affirmatively agreed to do so. In some cases we may be prohibited by law from giving such notice.

Cooperation with civil litigants is at our discretion. Responding to requests for production of documents, and other matters requiring more than mere ministerial activities on our part, will incur a fee of $200 per hour. We do not honor requests from civil litigants that such expenses be pre-approved, and may require a deposit to secure payment. Any information sent to us will not be deemed to be confidential, and may be shared by us with any other individual or entity, regardless of whether you mark it confidential.

If we suspend or terminate your use of our network because you have violated this AUP, or any of the agreements, policies or regulations incorporated into it, we will not provide you with a credit. Our Service Level Agreement does not apply to disruptions to your use of the network because of such a violation. You agree to hold us harmless from any claims that such a disruption has caused damage to you or a third party, regardless of whether you informed us of the possibility of such damage.

This policy outlines a non-exclusive list of activities and intent we deem unacceptable and incompatible with our brand.

We reserve the right to modify this policy at any time by publishing the revised version on our website. The revised version will be effective from the earlier of:

  • the date the customer uses our Products after we publish the revised version on our website; or
  • 30 days after we publish the revised version on our website.

We encourage you to contact us if you believe that someone has violated this AUP. To facilitate this contact, and ensure that important matters are responded to and addressed, we have designated specific channels for communicating with us. Individuals who contact us about this AUP, the behavior of our customers, or for other purposes, are required to provide us with accurate information to enable us to contact them and respond to their requests. We do not respond to anonymous correspondence, and will refer individuals who deliberately attempt to mislead us regarding their identity, or the basis for their complaints, to appropriate law enforcement officials. Nothing you send or communicate to us is confidential regardless of whether you claim that it is.

Please send all e-mail correspondence to: info@pixallus.com

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