Terms of Hosting Services
NeoPixel provides World Wide Web page hosting. NeoPixel reserves the right to suspend or cancel a customer's access to any or all services provided by NeoPixel when NeoPixel decides that the account has been inappropriately used or otherwise.
1 - Server Usage
Personal accounts are to be used by the primary owner only. Personal account holders are not permitted resell, store or give away web-hosting services of their website to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads. NeoPixel reserves the right to refuse service and /or access to its servers to anyone. NeoPixel do not allow any of the following content to be stored on its servers: Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation. Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of NeoPixel . Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
2 - High Resource User Policy
Resources are defined as bandwidth and/or processor utilization. NeoPixel may implement the following policy to its sole discretion: When a website is found to be monopolising the resources available NeoPixel reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby NeoPixel continues hosting the website for an additional fee.
3 - Payment Policies
3.1 - All accounts are set up on a prepay basis. Although NeoPixel reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the period of prepayment. Payment is due each anniversary year, semi-annually, quarter or month following the date the account was established. Customers will be invoiced 42 days before their next due date at the end of their prepay period unless closure notification has already been given in writing to email@example.com before the renewal invoice due date is generated. NeoPixel will automatically suspend services if invoices are 40 days or more overdue. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request. If an invoice is 40 days or more overdue, NeoPixel will automatically add a late fee of £10 + VAT to all outstanding invoices, an account will not be unsuspended, if it has been suspended, until all outstanding monies, including the late fee, are paid in full. All payment is in UK sterling.
3.2 - Customers agree to be billed monthly overages when accounts are over their allocation of resources, specifically disk space and bandwidth. The overages rate is available on the package information page. We reserve the right to update the overages rate but will inform customers with at least 27 days notice if doing so.
4 - Cancellation and Refunds
4.1 - NeoPixel reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes NeoPixel terms of service a refund will not be issued in the event of a cancellation. Customers may cancel their account at any time. Any incentives offered to customers when opening the account will also be cancelled. Customers may be given the option to purchase services which were offered as start-up incentives in the result of a cancellation. Fees charged on a prepay basis are non-refundable
4.2 - The contract shall commence on the commencement date and continue for the Service period and thereafter shall remain in force and effect unless terminated by (1) months written notice by either party subject to the client not being entitled to give notice of termination until expiry of the Service period.
5 - Indemnification
Customer agrees that it shall defend, indemnify, save and hold NeoPixel harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against NeoPixel, 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 NeoPixel against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with NeoPixel 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 NeoPixel server.
6 - Disclaimer
NeoPixel will not be responsible for any damages your business may suffer. NeoPixel makes no warranties of any kind, expressed or implied for services NeoPixel provide. NeoPixel disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, nondeliveries, wrong delivery, hardware failure and any and all service interruptions caused by NeoPixel and its employees. NeoPixel reserves the right to revise its policies at any time.