Hosting Services Agreement
Pixel Witch's Service Agreement is intended to protect
both the integrity and liability of Pixel Witch and the
Customer. This Service Agreement will be enforced to ensure
the speed, power, performance, and reliability of our
Pixel Witch (the "Service") provides web hosting. Pixel
Witch is to act as a neutral provider of these fore-mentioned
services to the Customer. The terms and conditions of
this agreement and any rules and prices published on Pixel
Witch's Web Site (http://www.pixelwitch.com)
constitute the entire and only agreement (collectively,
the "Service Agreement") between Pixel Witch and the Customer
(hereby defined as one who has an account with Pixel Witch
for the Service and supersede all other communications
and agreements with regard to the subject matter hereof.
Pixel Witch reserves the right to modify this Service
Agreement or prices, and may discontinue or revise any
or all aspects of the Service in its sole discretion without
Customer agrees to indemnify Pixel Witch against any liability
for any and all use of Customer's account. Furthermore,
Customer agrees to indemnify and hold Pixel Witch harmless
from any claims and expenses, including reasonable attorney's
fees, related to Customer's violation of the Service Agreement
or Customer's direct or indirect damage to another party.
Customer is responsible for and must provide all telephone
and other equipment and services necessary to maintain
customer's account remotely through FTP accounts.
Customer agrees that he/she is at least 18 years of age.
If the customer is not at least 18 years of age, a parent
or guardian's name must be put on the account and will
be responsible for payment and Web Site content. If a
minor (a person under the age of 18) obtains an account
through Pixel Witch without parental approval, this agreement
does not become void.
CUSTOMER EXPRESSLY AGREES THAT USE OF PIXEL WITCH'S SERVICE
IS AT CUSTOMER'S SOLE RISK. NEITHER PIXEL WITCH NOR ANY
OF ITS INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR
AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED
OR ERROR FREE; NOR DOES PIXEL WITCH OR ANY OF ITS INFORMATION
PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS MAKE ANY WARRANTY
AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE.
THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED
BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION
UNDER THE LAWS APPLICABLE TO THIS SERVICE AGREEMENT. NEITHER
PIXEL WITCH NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING
OR DELIVERING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE
THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER
EXPRESSLY ACKNOWLEDGES THAT THE PROVISION OF THIS PARAGRAPH
SHALL ALSO APPLY TO ALL THIRD PARTY CONTENT AND ANY OTHER
CONTENT AVAILABLE THROUGH THE SERVICE.
This Service Agreement is made in the State of Illinois,
and shall be governed by and construed in accordance with
the laws of the United States of America, the State of
Illinois and Cook County. Any cause of action of customer
or its designated users with respect to the Service Agreement
must be instituted within six (6) months after the claim
or cause of action has arisen or be barred.
Pixel Witch's Service may only be used for lawful purposes.
Transmission, distribution, or storage of any information,
data, or material in violation of United States or Illinois
State regulation or law, or by the common law, is prohibited.
This includes, but is not limited to, material protected
by copyright, trademark, trade secret, or any other statute.
Pixel Witch reserves the right to remove such illegal
material from it's server immediately. Pixel Witch expressly
forbids anyone from using Pixel Witch's servers for the
propagation, distribution, housing, processing, storing,
or otherwise handling in any way lewd, obscene, or pornographic
material, or any other material which Pixel Witch deems
to be objectionable. The designation of any materials
as such described is left entirely to the discretion of
Pixel Witch does NOT allow sites that provide points of
distribution, or 'links' to the following types of sites:
Pirated Software (Warez): Any software that is copyrighted
and not freely available for distribution without cost.
ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) all
fall under this jurisdiction.
Hacking / Phreaking: Includes sites with material, links,
or resources for Hacking, Phreaking, Viruses, Anarchy,
or any type of site that promotes the destruction or
compromises the integrity of Pixel Witch.
Adult Sites: Any erotic or pornographic material, links
to adult sites, or advertisements for adult sites.
Copyrighted material must not be placed on Customer's
account without the permission of the owner(s) or person(s)
they specifically authorize. Only the owner(s) or such
authorized person(s) may upload copyrighted material to
Pixel Witch strictly prohibits e-mail harassment, whether
through language, frequency, or size of messages. Forging
of header information is not permitted. Pixel Witch does
not allow unsolicited e-mail. This includes "Spamming"
and "Bulk Mail" sent to persons who have otherwise not
requested to receive such mail.
Any Customer that uses a high amount of server resources
(such as, but not limited to, CPU time, memory usage,
and network resources) will result in immediate account
suspension. The Customer will then be requested to either
reduce the resource use to an acceptable level or pay
for the additional hardware or the resource needed to
compensate. Pixel Witch shall be the sole arbiter of what
is considered to be a high server usage level.
Any Customer in violation of system or network security
is subject to criminal and civil liability, as well as
immediate account termination. Examples include, but are
not limited to the following: Unauthorized access, use,
probe, or scan of a systems security or authentication
measures, data or traffic. Interference with service to
any user, host or network including, without limitation,
e-mail bombing, flooding deliberate attempts to overload
a system and broadcast attacks. Forging of any TCP/IP
packet header or any part of the header information in
an e-mail or newsgroup posting.
Customer agrees not to publish on or over its account
any information, software or other content which violates
or infringes upon the rights of any others or which knowingly
contravenes the laws of any jurisdiction in which such
content is generally accessible.
Use of illegal or copyright material on any Web page or
other distribution mechanism used in conjunction with
the Customer's account, will result in termination of
this Service Agreement. Illegal material is defined as
any material not permitted under United States local,
state or federal laws. If "illegal material" was submitted
by a client of the Customer without Customer's knowledge,
this Service Agreement will remain in effect if the Customer
removes the "illegal material." Any use of Pixel Witch's
systems that disrupts the normal use of the system for
other Pixel Witch customers is considered to be abuse
of Pixel Witch services and is grounds for termination
of this Service Agreement. Some examples of abuse include
(not limited to) spawning dozens of processes, consuming
large amounts of memory or CPU cycles for long periods
of time, attempting to access other Customers' account
areas, or conducting provocative activities such as mass
e-mailings (spam) which may result in retaliatory actions
against Pixel Witch's systems.
Depending upon the nature and severity of any abuses,
the Customer may receive an e-mail warning detailing the
nature of the abuse. If the abuse of services is not terminated
within one (1) day, a final e-mail will be sent to the
customer formally requesting termination of the stated
abuse. Customer then must terminate stated abuse within
one (1) day, otherwise the Service Agreement will be terminated.
Any reconnection of a terminated account will require
a reconnection fee.
If, in Pixel Witch's sole discretion, the nature and severity
of any abuses is severe enough, Pixel Witch may terminate
the Service Agreement immediately without written notification
prior to termination. This may also be subject to a reconnection
fee, however Pixel Witch reserves the right to deny all
future access upon termination.
Pixel Witch's Service is intended for the use of the end-user
Violation of any of Pixel Witch's rules and regulations
could result in a warning, suspension, or possible account
Pixel Witch reserves the right to suspend or cancel a
Customer's (hereby defined as one who has an account with
Pixel Witch) access to any or all services provided by
Pixel Witch when Pixel Witch decides that the account
has been inappropriately used.
Customers located outside of the United States or Canada
must use a system of payment issued within the United
Pixel Witch's 30-day Money-back Guarantee does not apply
for Dedicated Servers, Co-Located Servers, DSL Internet
Access, Merchant Accounts, or any fees associated with
Full payment is due each anniversary period following
the date the account was established. The Setup fee and
Monthly fee are due on the first anniversary date, and
the monthly fee is due on every subsequent anniversary
date. The Customer is responsible for all money owed on
the account from the date it was established to the date
it is terminated.
Requests for cancellation (termination of service) must
be either submitted through the control panel provided
by Pixel Witch, or written request by Client. The date
of cancellation request will not be used as date of cancellation.
A representative of Pixel Witch must confirm all cancellations
prior to a cancellation date being set and followed through.
Customer shall pay the monthly fee, and any charge for
additional services under the terms of this Service Agreement,
within seven (7) days of invoice. Invoices and receipts
will be sent to the Customer via e-mail or by US mail.
Customer may not withhold or "setoff" any amounts due
hereunder. Pixel Witch retains the right to withhold service
without prejudice until all amounts determined delinquent
are paid in full. Any late payment shall be subject to
any costs of collection (including but not limited to
Accounts which are delinquent will be placed on "administrative
hold" or suspension and may not be used or accessed. Any
account that is delinquent for seven (7) days will have
all files purged from all Pixel Witch servers. Customer's
account will continue to accrue charges while on "administrative
hold" or suspension.
Any Customer whose services are terminated or suspended
will be asked to pay a reconnection fee to restart the
account. Reconnection fee for suspended accounts is $25.00.
Reconnection fee for accounts that have been terminated
For payment via Credit Card, accounts will be automatically
billed on a monthly, quarterly or yearly basis to the
card number on file unless notified otherwise. E-mail
notification of payment will be sent to the Customer via
e-mail on that anniversary payment date. All credit card
payments will be billed on the date due, the e-mail notification
is solely a courtesy e-mail. In the event that a credit
card does not clear with the Customer or cardholder's
bank, the Customer will be notified via e-mail. Past due
accounts that are not brought current within 7 days of
e-mail notice are subject to suspension or possible account
Customer's agree that the first name, last name, street
address, and zip/postal code provided for their account
profile is the same as the cardholder's for the Credit
Card being used for payment of the account.
For payment via Check or Money-Order, orders will be fulfilled
within 1 business day upon receipt of payment. E-mail
notification will be sent 10 days prior to payment due
date. Checks returned unpaid (NSF) will be accessed a
$15.00 service charge. Past due accounts that are not
brought current within 15 days of the e-mail notice are
subject to suspension and possible account termination.
There will be a $50.00 processing fee for each returned
There will be a $50.00 processing fee for all illegitimate
credit card chargebacks.
ALL PAYMENTS MUST BE IN US CURRENCY.
Legal notices sent to either party shall be effective
when delivered by mail, transmitted by telecopier ("fax")
machine, one (1) day after being sent by overnight mail
or "fax," or seven (7) days after being sent by first
class mail postage prepaid to the address shown. This
information is subject to change without prior notification.
27201 Mack Drive
Wauconda, IL 60074
FAX: (847) 487-8975
Pixel Witch reserves the right to cancel service at any
time for any reason. All fees paid in advance of cancellation
will be pro-rated and paid by Pixel Witch if Pixel Witch
institutes it's right of cancellation. If cancellation
is caused by customers violation of these policies, then
no refund will be disbursed.
Customer retains the right to cancel use of Pixel Witch's
Service at any time through written, e-mailed (must be
followed by a faxed or written request) or faxed notification.
Requests for cancellation must be received at Pixel Witch's
main office. All Pixel Witch accounts must be paid in
full before the cancellation transaction will be considered
All cancellation requests must include the following information
to be valid; Primary Contact of the account, account name,
reason for cancellation, current account password, and
last 4 digits of credit card on file. If payment was made
by Check, Money-Order, or Bank Transfer, the Zip/Postal
Code of the primary contact must also be included.
All accounts are cancelled at the end of the current billing
period unless a date of cancellation is specified.
Refunds made by Pixel Witch for all payment systems (including
Credit Card, Check, Money-Order, and Bank Transfer payments)
will be fulfilled via check. Pixel Witch will recognize
no other systems of reimbursement and reserves the right
to do so. Service Disclaimer
Pixel Witch acknowledges and agrees that in the course
of dealings with Customer, it may acquire information
about Customer, its business activities and operations,
its technical information and trade secrets, of a highly
confidential and proprietary nature. Pixel Witch agrees
that title to all such information and related materials
shall remain with the Customer. All applicable copyrights,
trade secrets, patents and other intellectual and property
rights in such information and related material are and
remain in the property of the Customer. All other aspects
of the information and related material, including without
limitation, technologies, procedures, programs, methods
of processing, all source code, conversions, enhancements,
databases, templates, specific design and structure of
individual programs and their interaction and unique programming
techniques employed therein as well as screen formats
shall remain the sole and exclusive property of the Customer
and shall not in any way be sold, revealed, disclosed
or otherwise communicated, directly or indirectly, by
Pixel Witch to any person, company or institution whatsoever
other than for the purposes set forth herein. It is expressly
understood that no title to or ownership of such information
or any part thereof is hereby transferred to Pixel Witch.
Any customer lists and/or other information concerning
the Customer's clients are the sole and exclusive property
of the Customer. Pixel Witch shall not for any reason
whatsoever, directly or indirectly, solicit the trade
business of any of the clients or prospective clients
of the Customer with respect to any of the services, products,
trade secrets or other matters of the Customer. In addition
to maintaining confidentiality of all matters as imposed
herein above, Pixel Witch agrees to keep in the strictest
of confidence any information acquired by Pixel Witch
during the course of its dealings with the Customer about
any of the Customer's clients, including but not limited
to contents of related databases, credit and credit card
Nothing contained herein shall be construed to place the
parties (Customer and Pixel Witch) in a relationship of
partners, agents or joint ventures. Neither party shall
represent itself as the agent or legal representative
of the other party for any purpose whatsoever and shall
have no power to obligate or bind the other party in any
If any clause herein shall be found to contravene any
law or ordinance in whole or in part, it shall be severed
from the Agreement. The balance of the Agreement shall
continue in full force and effect.
Each party (Customer and Pixel Witch) to this agreement
represents that it has all necessary rights and authority
to enter into the terms of the Agreement and is in compliance
with all federal, state and local laws governing this
Pixel Witch is not responsible for files and data residing
on Customer's account. Customer agrees to take full responsibility
for files and data transferred and to maintain all appropriate
backups of files and data stored on Pixel Witch servers.
Pixel Witch's tape back-up system is in place primarily
as a disaster recovery system in case of a server crash
or some similar catastrophe and should not be relied upon
as Customer's sole source of backup protection.
Pixel Witch is not responsible for any damages your business
may suffer. Pixel Witch makes no warranties of any kind,
expressed or implied for services we provide. Pixel Witch
disclaims any warranty or merchantability or fitness for
a particular purpose. This includes loss of data resulting
from delays, non-deliveries, wrong delivery, and any and
all service interruptions caused by Pixel Witch and it's
employees. Pixel Witch reserves the right to revise it's
Service Agreement at any time without prior notification.