|
"Pixeled" provides Internet Domain Name Registration, World Wide Web page hosting and maintenance,
Multimedia applications, Graphic/Computer Design, and Electronic Mail services. "Pixeled" maintains
certain legal and ethical responsibilities regarding the use of its computer network and equipment involved in these services.
Payment Policies
Subject to the provisions hereof, the account will be opened upon receipt of payment, and repeated in each
successive billable period thereafter at the then applicable prevailing rates and charges, unless written notice
of cancellation is received from User at least 30 days prior to the beginning of the next billable period. All
pricing is guaranteed for the term of payment received. "Pixeled" will bill in 1 (monthly),
3 (quarterly), 6 (semi-yearly), or 12 month (yearly) cycles. "Pixeled" reserves the right to
change prices at any time. Payment is due each anniversary month or period following the date the account was
established. Any account not brought current within a week of e-mail notice or exceeding this time frame in any
way is subject to suspension. The customer is responsible for all money owed on the account from the time it was
established to the time that the customer notifies "Pixeled" in writing for a request for termination
of services. Checks returned unpaid (NSF) will be assessed a $25 charge. All payment is in U.S. currency.
Cancellation
"Pixeled" reserves the right to cancel service at any time. All fees paid in advance of cancellation
will be pro-rated and paid by "Pixeled" if "Pixeled" institutes its right of cancellation.
If cancellation is caused by customers' violation of these policies, then no refund is due. Customers can cancel service
any time, but any pre-payment for future terms is forfeited. Due to security concerns, all account
cancellations must be done in writing via US mail with a valid signature of the primary contact of the account, account name,
and reason for cancellation. Payment will be made by company check within 30 days of receipt of cancellation. The account
will be cancelled at the end of the current billing period, unless a date of cancellation is specified.
Overdue Accounts
"Pixeled" has the right to instantly terminate
service for any unpaid or partial paid subscriptions. Accounts in default
are subject to an interest charge of 1.5% per month on the outstanding
balance. Termination of service shall not relieve the user from the obligation to satisfy outstanding invoices. In
the event "Pixeled" utilizes an attorney or agency to collect such sums, the user shall be
responsible for the payment of all of "Pixeled" attorneys' fees and costs in pursuing the collection of these
sums. Venue for any litigation concerning the user's relationship with "Pixeled" shall be
in San Diego County, in the State of California.
Client
also acknowledges that should they use or utilized "Pixeled's" Managed Domain Services for domain registration
and/or renewal, failure to pay or become deliquent in those fees will automatically make "Pixeled" the named registrant until such
time that all fees for the domain services have been paid in full. Upon full payment
of domain services fees, registrant name(s) will be restored and control of the domain will be
turned over to the client.
Should this contiually
happen, "Pixeled" reserves the right, without prior written notice, to
discontinue managed domain services whereby this could result in the
client loosing the domain name to another party or
cybersquatter.
Indemnification
Customer agrees that it shall defend, indemnify,
save and hold "Pixeled" harmless from any and all demands, liabilities,
losses, costs and claims, including reasonable attorney's fees asserted
against "Pixeled Digital Design", 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, its agents,
employees or assigns. Customer agrees to defend, indemnify and hold
harmless "Pixeled" against liabilities arising out of; (1) any injury to
person or property caused by any products sold or otherwise distributed in
connection with "Pixeled's" 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 "Pixeled's" server.
Disclaimer
"Pixeled" will not be responsible for any damages
your business may suffer, and makes no warranties of any kind, expressed
or implied for services we provide. "Pixeled" disclaims any warranty or
merchantability or fitness for a particular purpose. The includes loss of
data resulting from delays, non-deliveries, wrong delivery, and any and
all service interruptions caused by "Pixeled" and its employees. "Pixeled"
reserves the right to revise its policies at any
time. |