Terms & Conditions
Users and customers of Services provided by Pixeno must accept the terms and conditions of business set out below. If you have any questions about our Terms of Service, please contact us.
If you fail to pay any sums due to us as they become due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
If you break any of these terms and conditions and you fail to correct the breach within seven (7) days following written notice from us specifying the breach, we may terminate this Agreement forthwith.
If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to terminate this Agreement forthwith.
On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us.
SLA Conditions
If your service drops below 99.9% uptime in any given month you will be entitled to one free month of your service (excluding VPS or dedicated server plans), please make a request for this via a support ticket within 14 days of the downtime.
Any planned maintenance work is exempt from this guarantee and will be ignored.
Refund / Cancellation Policy
If you are unhappy with any aspect of our service, please contact our support department who will attempt to rectify the situation. If the problem cannot be fixed and you are unhappy with the service you are entitled to a refund within 30 days.
No refunds will be made if we terminate your hosting or other services due to violation of our Acceptable Use Policy or any other violation of our Terms and Conditions, except as may be provided therein. This does not affect your statutory rights.
Unfortunately no refunds are available on domain name purchases, so please ensure you have spelt you desired domain name correctly during the order process. No refunds are given on any VPS or dedicated servers or setup fees for VPS or dedicated servers. We require 7 days notice for a cancellation on a VPS or dedicated server service.
Cancellation requests must be submitted through the client area. To do this, click the icon next to the package you wish to cancel then press 'Request Cancellation'. You must then complete and submit the form.
Choosing an immediate cancellation means your service will be terminated within 48 hours of submitting the form.
It is your responsibility to ensure any PayPal subscriptions you have setup are cancelled.
No other forms of cancellation are accepted.
Suspension and Termination
- You agree to comply with these Terms and Policies. Any violation of either, these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for Pixeno to suspend or terminate your account. You agree that Pixeno has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following:
- Using the Service in a way, which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law)
- Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail ("spamming"); this ground for suspension or termination is separate from and in addition to the fees which will result from such activity.
- Using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access an account, message, or file which does not belong to you.
- Using your account as a backup service. At least 75% of your files must be part of your website and must be linked to from your account. Dedicated server clients are exempt from this.
- Uploading, linking to or storing warez, cracks or other pirated software.
- Assisting in or directly distributing copyrighted material.
- Excessively using the Service in such a way as to limit the bandwidth available to others.
- Providing fake or incomplete contact details, including name, postal address and telephone number.
- Using the Service to operate server programs, including, but not limited to mail servers, IRC servers, game servers, ftp servers, Web servers, or streaming audio/video servers.
- Using the Service for unauthorised relays through any third party systems.
- Attempting, in any way, to interfere with or deny service to any user or any host on the Internet.
- Performing a chargeback on any transactions past or present will result in account suspension until resolved. If a chargeback is issued we reserve the right to remove your account any deny any future business.
- Using the Service for mail bombing, which includes any instance where multiple messages are sent to a specific destination with the intent to render the recipient and/or the electronic system serving that recipient dysfunctional.
- Using the Service to add or attempt to add addresses to any mailing list (yours or a third party's) without the explicit positive consent of the addressee(s).
- Attempting to cancel, supersede, or otherwise interfere with email other than your own.
- Engaging in harassment, whether through language, frequency, or size of messages, either with email or website content.
- Using the Service to engage in syn flood attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effective impedes or totally disables functionality of the recipient system(s), or any other methods of denial-of-service attacks.
- Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information.
- No bill credit will be given for a period of suspension. In the event of termination of your use of the Service under this section, Pixeno may at its sole discretion retain any or all amounts you have paid for use of the Service as liquidated damages for your actions.
- Security - You agree not to access or attempt to access private areas of the Service. You agree to notify Pixeno as soon as you become aware of an unauthorized use of your account and/or any breach or attempted breach of security on the Service.
- Intellectual Property - Pixeno does not undertake to examine or review messages, files, or other materials, which are accessible through, pass through, or reside on the Service. Complaints regarding alleged copyright infringement can be sent to us via our contact form.
- Continuing a specific identification of the allegedly infringing material and the location(s) on Pixeno's facilities where the materials are to be found. Upon receipt of such written notice, Pixeno will expeditiously remove or block access to the allegedly infringing material, and provide notice to the person who had posted that material. If Pixeno receives a notification from that person indicating that the claim of infringement was based upon mistake or misidentification, Pixeno will send you a copy of that notification. Unless you notify Pixeno of appropriate court action to restrain the alleged infringement, the challenged material will then be restored or other wise made accessible again.
- Liability - You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by Pixeno, neither Pixeno nor any of its affiliate controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. Pixeno neither endorses nor is responsible for the accuracy of third-party material(s), and you agree that Pixeno is not responsible for any loss or damage caused by your use of, or reliance on, such material(s). You understand and agree that you have sole responsibility for your posting of any information or material to any site or newsgroup on the Internet, including but not limited to postings to Web sites, whether residing on Pixeno equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless Pixeno and its employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.
- You agree to be liable for any damages or loss of service which results in damages to Pixeno as a result of any spamming or other violations. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that Pixeno may pursue any such claims against you in Court.
- You agree that in no event will Pixeno have financial liability to you.
- THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY PIXENO ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS; PIXENO DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. PIXENO DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF ANY OF YOUR DATA WHICH MAY BE STORED ON THE SERVICE.
Resource & Acceptable Usage Policy
Users who go over there plan limits will be notified and warned in the first instance, if not resolved within 30 days by either upgrading the plan or removing files/reducing traffic, then the customer will incur overage charges on there next invoice.
Our current overage useage prices are as follows:
- £0.01/MB of overused disk space
- £0.001/MB of overused bandwidth
User may not:
- Use 10% or more of system resources for longer then 60 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any bit torrent application, tracker, or client.
- Participate in any file-sharing/peer-to-peer activities
- Run any gaming servers such as counter-strike, half-life, battlefield1492, etc
Backup Policy
You may download a backup of your account, our system backs up your account every 24 hours and achieves it on a daily, weekly and monthly basis. These backups are for our use in the event of the system failure/restore. You are expected to backup your own data locally, we cannot be held responsible for the loss of any data.
Privacy Policy
This Privacy Policy describes the information we collect from you, what we do with the information, and our information security practices. If you have any questions about our Privacy Policy, please contact us.
Collected Information
When you sign up for our service, we will ask you to provide contact information such as your name, address, telephone number, email addresses, and payment information.
We may ask you to complete user surveys, and to provide certain demographic information, such as age, gender, special interests, etc. This information is not required. You do not have to provide this type of information to use our service if you do not want to.
If you contact us for customer support, we may also ask you for information about your operating system, software and other technical matters.
When you visit our website, we will capture your IP address, time of and duration of visit, and time and duration of the pages on our website that you view. We may tie this information to the personally identifiable information we have about you.
We will also place a cookie that will identify you to us as a repeat visitor or a customer when you visit our website. See "What is a Cookie" below. We may tie this cookie to the personally identifiable information we have about you.
If we send you an email, we may include a marker that will allow us to identify email that is opened and viewed.
Use of Personally Identifiable Information
We will use your personally identifiable information only as follows:
- For payment purposes and to provide customer support;
- To announce special offers or provide other information from time to time via email. We may also send email announcing special offers by our third parties, but we will not provide the third parties with your email address or other personally identifiable information. If you do not wish to receive these emails, you may opt out of future emails at any time by canceling your account or by submitting a support ticket to customer services.
- To improve our service and the marketing of our service. For example, we may use the information we gather from user surveys, demographic data, and website visits to help us improve or target our website and customize your visit.
We will not provide any personally identifiable information about you to any other person other than:
- a law enforcement or regulatory agency at their request;
- a person or company who acquires our business;
- third parties who perform services on our behalf (such as payment processing), subject to the third party agreeing with us that it will keep your personally identifiable information confidential;
- to our subsidiaries and affiliates; or
- as otherwise needed to protect or enforce or rights or the rights of others.
We absolutely do not transfer or sell your information for inclusion on third party email or other marketing lists.
Use of Non-Personally Identifiable Information
We may share aggregate statistical data about our customers with third parties, such as advertisers or suppliers. This aggregate statistical data will not identify you personally.
What Is A Cookie
A "cookie" is an alphanumeric identifier that is unique to your browser. The cookie will identify your browser to us when you visit our website so that we may customize your visit.