| TERMS AND CONDITIONS
SERVICE POLICY
WHEREAS, PIXELEDGE offers storage and transfer services over the
Internet through access to its Web Server, FTP Server and SMTP &
POP Mail Server services;
WHEREAS, Client seeks to utilize PIXELEDGE's server for its own
purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned
nor controlled by any one entity; therefore, PIXELEDGE can make
no guarantee that any given reader shall be able to access PIXELEDGE's
server at any given time. PIXELEDGE represents that it shall make
every good faith effort to ensure that its server is available as
widely as possible and with as little service interruption as possible;
NOW THEREFORE, in consideration of the mutual promises contained
herein, the parties agree as follows;
I. Material and Products:
1. Client will provide PIXELEDGE with material and data in a condition
that is "server-ready", which is in a form requiring no
additional manipulation on the part of PIXELEDGE. PIXELEDGE shall
make no effort to validate this information for content, correctness
or usability.
2. PIXELEDGE will exercise no control whatsoever over the content
of the information passing through the network. PIXELEDGE makes
no warranties or representations of any kind, whether expressed
or implied for the service it is providing. PIXELEDGE also disclaims
any warranty of merchant-ability or fitness for particular purpose
and will not be responsible for any damages that may be suffered
by the Client, including loss of data resulting from delays, non-deliveries
or service interruptions by any cause or errors or omissions of
the Client. Use of any information obtained by way of PIXELEDGE
is at the Client's own risk, and PIXELEDGE specifically denies any
responsibility for the accuracy or quality of information obtained
through its services. Connection speed represents the speed of a
connection to and do not represent guarantees of available end to
end bandwidth. PIXELEDGE expressly limits its damages to the Client
for any non-accessibility time or other down time to the prorated
monthly charge during the system unavailability. PIXELEDGE specifically
denies any responsibilities for any damages arising as a consequence
of such unavailability. In the event that this material is not "Server-ready",
PIXELEDGE may, at its option and at any time, reject this material,
including but not limited to after it has been put on PIXELEDGE's
Server. PIXELEDGE agrees to notify Client immediately of its refusal
of the material and afford Client the opportunity to amend or modify
the material to satisfy the needs and/or requirements of PIXELEDGE.
If the Client fails to modify the material, as directed by PIXELEDGE,
within a reasonable period of time, which shall be determined between
the parties themselves, the Agreement shall be deemed to be terminated.
3. PIXELEDGE maintains control and any ownership of any and all
I.P. numbers and addresses that may be assigned to Client and reserves
in its sole discretion the right to change or remove any and all
IP numbers and addresses.
II. Trademarks & Copyrights:
Client warrants that it has the right to use the applicable trademarks,
if any, and grants PIXELEDGE the right to use such trademarks in
connection with PIXELEDGE's Server service.
III. Hardware, Equipment & Software:
The customer is responsible for and must provide all telephone,
computer, hardware and software equipment and services necessary
to access PIXELEDGE. PIXELEDGE makes no representations, warranties
or assurances that the Customer's equipment or software will be
compatible with the PIXELEDGE service.
IV. Internet Etiquette:
1. Electronic forums such as mail distribution lists and Use Net
news groups all have expectations regarding subject area and appropriate
etiquette for posting. Users of these forums should be considerate
of the expectations and sensitivities of others on the network when
posting material for electronic distribution. The network resources
of PIXELEDGE may not be used to impersonate another person or misrepresent
authorization to act on behalf of others or PIXELEDGE. All messages
transmitted via PIXELEDGE should correctly identify the sender;
users may not alter the attribution of origin in electronic mail
messages or posting. Users must not attempt to undermine the security
or integrity of computing systems or networks and must not attempt
to gain unauthorized access.
2. Use of distribution lists via unsolicited electronic mail or
other mass electronic mailings is strictly prohibited. PIXELEDGE
reserves the right to deactivate the Client's Virtual Server account(s)
upon an indication of such activity.
V. Termination:
This Agreement may be terminated by either party, without cause,
by giving the other party 30 days written notice. Notwithstanding
the above, PIXELEDGE may terminate service under this Agreement
at any time, without penalty, if the Client fails to comply with
the terms of this Agreement or upon an indication of credit problems
including delinquent payments.
VI. Limited Liability:
1. Client expressly agrees that use of PIXELEDGE's Server is at
Client's sole risk. Neither PIXELEDGE, its employees, affiliates,
agents, third party information providers, merchants licensers or
the like, warrant that PIXELEDGE's Server service will not be interrupted
or error free; nor do they make any warranty as to the results that
may be obtained from the use of the Server service or as to the
accuracy, reliability or content of any information service or merchandise
contained in or provided through the PIXELEDGE Server service, unless
otherwise expressly stated in this Agreement.
2. Under no circumstances, including negligence, shall PIXELEDGE,
its offices, agents or any one else involved in creating, producing
or distributing PIXELEDGE's Server service be liable for any direct,
indirect, incidental, special or consequential damages that result
from the use of or inability to use the PIXELEDGE Server service;
or that results from mistakes, omissions, interruptions, deletion
or loss of files, errors, defects, delays in operation, or transmission
or any failure of performance, whether or not limited to acts of
God, communication failure, theft, destruction or unauthorized access
to PIXELEDGE's records, programs or services. Client hereby acknowledges
that this paragraph shall apply to all content on PIXELEDGE's Server
service and is solely responsible for independent backup of data
stored on PIXELEDGE’s Server Service.
3. Notwithstanding the above, Client's exclusive remedies for all
damages, losses and causes of actions whether in contract, tort
including negligence or otherwise, shall not exceed the aggregate
dollar amount which Client paid during the term of this Agreement
and any reasonable attorney's fee and court costs.
VII. Lawful Purpose:
Client may only use PIXELEDGE's Server for lawful purpose. Transmission
of any material in violation of any regulation of the Republic of
Singapore or the United States of America is prohibited. This includes,
but is not limited to copyrighted material, material legally judged
to be threatening or obscene, pornographic, profane, or material
protected by trade secrets. This also includes links or any connection
to such materials.
VIII. Indemnification:
1. Client agrees that it shall defend, indemnify, save and hold
PIXELEDGE harmless from any and all demands, liabilities, losses,
costs and claims, including reasonable attorneys' fees, ("Liabilities")
asserted against PIXELEDGE, its agents, its customers, servants
officers and employees, that may arise or result from any service
provided or performed or agreed to be performed or any product sold
by Client, its agents, employees or assigns. Client agrees to defend,
indemnify and hold harmless PIXELEDGE against Liabilities arising
out of (i) any injury to person or property caused by any products
sold or otherwise distributed in connection with PIXELEDGE's Server;
(ii) any material supplied by Client infringing or allegedly infringing
on the proprietary rights of a third party; (iii) copyright infringement
and (iv) any defective product which Client sold on PIXELEDGE Server.
2. Due to the public nature of the Internet, all information should
be considered publicly accessible, and important or private information
should be treated carefully. PIXELEDGE is not liable for protection
or privacy of electronic mail or other information transferred through
the Internet or any other network provider or its customers may
utilize.
Technical Support Policy
PIXELEDGE is responsible for supporting our clients by isolating specific problems that may be encountered by using PIXELEDGE Services. We will however provide basic assistance and advice based on your description of the problem which you have encountered. PIXELEDGE will not offer technical support for third party vendor products that are not part of existing server services.
Support Hours
Phone
Phone support is provided daily from 9.00am to 10.30pm, Monday to Friday, and 9.00am to 1.30pm on Saturday.
For critical issues (i.e. your server is down and in accessible to the public), PIXELEDGE has onsite personnel available round the clock to provide assistance.
Email
Email support is available 24 hrs a day via support@pixeledge.com or click here.
We'll try to ensure every request is answered within 24 working hours.
Emergency Support
For customers that require emergency support services outside of business hours are chargeable.
BILLING TERMS
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