newZ Pixels reserves the right to
change this Policy any time, so please, check this page
at least once a month or when in doubt. newZ Pixels strive
to provide the best possible service to all our customers,
but we will not tolerate any unlawful activity or abuse
on our servers. We respect freedom of speech and expression
unless it is harmful to others. These brief guidelines
are imposed to protect you, other newZ Pixels customers
and us against such harm.
Payment Policies,
Fees, Refunds and Terms of Agreement:
Full payment is required before any hosting service
is rendered, which includes renewals. All payment-due
notices will be sent by electronic mail. No bills or
invoices will be sent by postal mail or fax. Prepayment
is due each anniversary (one month) following the date
the account was established. Billing will continue until
you cancel your hosting account. You may cancel at anytime.
As a policy, we do not offer credits or refunds for
hosting time already expended.
If cancellation is done by newZ
Pixels due to restrictions violation, there will
be no refund. newZ Pixels
will only allow for the discount if cancellation is
not the fault of the client, as determined bynewZ
Pixels. All monetary transactions are in $US
dollars and Singapore Dollars (SGD). Additional features
can be added at any time. Monthly feature prices are
not prorated. newZ Pixels
reserves the right to change prices at any time.
Account Cancellation:
You may cancel at anytime. Phone requests will not constitute
acceptance of any cancellation. To cancel your account,
please contact Customer Service at support@newzpixels.com.
Notification of cancellation must be received at least
10 business days prior to your cycle date, with the
cycle date being the day of the month you sign up, in
order to avoid charges in full for the next cycle. It
is the Clients Responsibility to secure email confirmation
from newZ Pixels that account
has been cancelled. If the client has not yet received
email confirmation of account cancellation, then the
account remains active, and you will continue to be
invoiced.
If Client has a balance due at the
time of cancellation, this balance must be paid in full.
Cancellation does not absolve Client of any outstanding
financial obligations.
Indemnification
Policy:
You agree to use all newZ Pixels
services and facilities at your own risk. newZ
Pixels specifically disclaims all warranties
of merchantability and fitness for a particular purpose.
In no event shall newZ Pixels
be liable for any loss, or loss of data, or other commercial
damage, including but not limited to special, incidental,
consequential or other damages. Customer agrees that
it shall defend, indemnify, save and hold
newZ Pixels harmless from any and all demands,
liabilities, losses, costs and claims, including reasonable
attorney’s fees asserted against newZ
Pixels, its agents, its customers, officers and
employees, that may arise or result from any service
provided or performed or agreed to be performed or any
product sold by customer, it’s agents, employees
or assigns. Customer agrees to defend, indemnify and
hold harmless newZ Pixels
against liabilities arising out of:
(1) any injury to person or property
caused by any products sold or otherwise distributed
in connection with newZ Pixels'
server ;
(2) any material supplied by customer infringing or
allegedly infringing on the proprietary rights of a
third party;
(3) copyright infringement and
(4) any defective products sold to customer from newZ
Pixels' server.
newZ Pixels
shall be the sole judge of what violates this Policy.
SPAM Policy:
newZ Pixels is committed
to a zero-tolerance, anti-Spamming policy. Under this
policy, we prohibit Spam, or any unsolicited commercial
email, from being sent either: Over the newZ
Pixels network, by customers or any other users
of the newZ Pixels network
(including customers' customers); AND/OR over ANY network—
if the message sent advertises or mentions a site hosted
on newZ Pixels server.
We react quickly and seriously to violations,
and we further reserve the right to terminate the services,
without prior notice, of any customer disregarding this
policy. Sending unsolicited commercial email (a.k.a.
"spam"), cross-posting messages to a large
number of usenet groups, posting obscene or threatening
messages while using or referring to an newZ
Pixels email address or web site URL is prohibited.
The use of newZ Pixels
servers as a mail drop for responses to activities described
above is also prohibited. Accounts
canceled due to spam will be billed a "clean up"
fee of $500 US.
If you have any complaints or comments
regarding Spam on our network, please direct them via
email to abuse@newzpixels.com.
Denial of
Service Attack (DDOS or DOS) Policy:
Any account launching a Denial of Service from our server(s)
against any other server will be terminated without
prior notice.
Server Exploitation
Policy:
Any web hosting account that is attempting or has attempted
to successfully or unsuccessfully exploit any of our
server's services or attempting to gain root access
will have their account terminated without notice.
Content Policy:
All services provided by newZ
Pixels may be used for lawful purposes only.
Transmission, storage, or presentation of any information,
data or material in violation of any United States Federal,
State or City law and Singapore law is prohibited. This
includes, but is not limited to: copyrighted material,
trademark, intellectual property, material we judge
to be threatening or obscene, or material protected
by trade secret and other statute without proper authorization.
The subscriber agrees to indemnify and hold harmless
newZ Pixels from any claims
resulting from the use of the service which damages
the subscriber or any other party.
Pornography and sex-related merchandising
is prohibited on all newZ Pixels
servers. This includes sites that may infer sexual content,
or links to adult content elsewhere. newZ
Pixels will be the sole arbiter in determining
violations of this provision.
Also prohibited are sites that promote
any illegal activity or present content that may be
damaging to newZ Pixels
servers or any other server on the internet. Links to
such materials are also prohibited.
Examples of unacceptable content or
links:
Pirated software
Hacker programs or archives
Warez sites
newZ Pixels does not host
sites of its competitors or web pages promoting sites
of its competitors.
Any illegal activity, including adult
content, links to adult content web sites, spamming
or hacking will result in your site being shut down
and all your files deleted without warning.
newZ Pixels
will be the sole arbiter as to what constitutes a violation
of this provision.
Email Policy:
newZ Pixels may not be
the source, intermediary, or destination address involved
in the transmission of any unsolicited email, email
bombs, hate email, or any mass email. Your email account
may not be referenced as originator, intermediary, or
reply-to address of such email. We consider mass email
any email message sent to more than 25 email addresses
or more than 10 news groups.
CGI Scripts
Policy:
Each account comes with its own cgi-bin. You are free
to use any CGI scripts you wish, however we reserve
the right to disable any CGI script that effects normal
server operation or service to other newZ Pixels customers.
You will be notified in 24 hours about offending cgi
script. No chat room or similar scripts allowed.
Chat Policy:
newZ Pixels does not allow
chat rooms. You can however link your site to a chat
provider. Some examples of chat providers are: www.humanclick.com,
www.liveperson.com, and www.livehumanhelp.com.
Traffic Policy:
newZ Pixels allows for
very generous traffic, and most sites never exceed 1GB
per month, unless they offer shareware, sound, video,
image and multimedia archives, are mirror sites or any
site whose primary purpose is file distribution. newZ
Pixels customers are discouraged from storing
any files that cause excessive traffic on newZ Pixels
servers. Please contact newZ Pixels
Technical Support team for more information. Again,
99% of the sites do not fall into this category and
never reach our traffic limits.
We reserve the right to refuse service
to anyone for any reason not prohibited by law. Also
we reserve the right to terminate service to any customer
for any reason not prohibited by law.
Any deliberate attempt to cause damage
to newZ Pixels or any other
Internet servers will result in immediate account deactivation
without prior notice. No refund is given in this case.
All account plans come with a predetermined
amount of traffic allowance. We
monitor all accounts and bill $5.00 US for each gig
of traffic exceeded. You will NOT be charged
for transfer that you use beyond our data transfer limits
without prior notification.
Backups:
Full backups are made weekly. No guarantees are made
of any kind, either expressed or implied, as to the
integrity of these backups. Backups are made for server
restoration purposes only. It is the clients' responsibility
to maintain local copies of their web content any information.
The "Backup Manager" is included in each hosting
plan and client can use this tool to back up their files.
If loss of data occurs due to an error of newZ
Pixels, we will attempt to recover the date for
no charge to the client. If data loss occurs due to
negligence of client in securing their account or by
an action of the client, newZ
Pixels will attempt to recover the data from
the most recent archive for a $70.00 US fee.
Abusive Behaviour
against Staff:
We will not tolerate any abusive behaviour, abusive
language or threats against any newZ
Pixels staff member(s). By violating this policy,
we reserve the right to permanently suspend or terminate
your account(s) without prior notice and without any
refund.
These terms are subject to change without
notice. |