Pixolio.me | Terms of Service

Terms of Service

Revision date: 4/16/09

Pixolio offers you a variety of online content, products, and services, including general and personalized content, portfolio management tools, and online applications (the 'Service') on the following terms. By using the Service in any way you are agreeing to comply with these terms, which we may update without notice and encourage you to check out here at any time.

You must be at least 18 years old and competent to enter into a contract to use the Service. Unless we expressly note otherwise, these terms incorporate and supercede any other terms associated with the files and applications available on the domain www.pixolio.me, its sub-domains, as well as affiliated domains and sub-domains operated by Pixolio.me ('Pixolio', 'we', or 'us').

Overview

You (the “User”) agree that the Services, which includes all software and documentation, both electronic or printed media, contain copyrighted material, trade secrets, patent pending material, and other proprietary intellectual property. The Services are the proprietary property of Pixolio.

You agree that you will only use the Services if you are a person over 18 years of age.

You agree that you will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse engineer, reverse assemble, or otherwise attempt to discover any programming code or any source code used in or with the Services. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services (which includes its software and documentation), create derivative works based on or in any manner commercially exploit the Services, in whole or in part.

Acceptable Use

Pixolio.me does not allow any of the following content, or links to such content, to be published on the Service:

Content of a pornographic, sexually explicit, or violent nature.
Content of an illegal nature (including stolen copyrighted material).
Pirated software sites, including cracking programs or cracking program archives.
Content with the sole purpose of causing harm or inciting hate, or content that could be reasonably considered as slanderous or libelous.
Users posting any of the above content on their sites will be notified using User's current email address on file, and given a 48 hour grace period to make any corrective actions. If no corrective actions are taken, Pixolio.me will suspend the services of the member account until a resolution is met between Pixolio.me and the User. A repeated violation of this Policy may cause cancellation of service without refund of any fees.

In addition, Pixolio.me does not allow any of the following:

Users may not use the Service as a remote storage server only.
Users may not access the Service through automated methods. Use of robots or other computer code which calls the Service, except where explicitly allowed, is absolutely forbidden.
Users may not send unsolicited messages (also known as junk mail or SPAM) to promote any website published on the Service.
Users are not permitted to knowingly allow another website or hosting server to link to content files stored on Pixolio.me’s servers. Users deemed to be using Pixolio.me solely as a remote storage server will have their account immediately terminated and will have all files associated with their account permanently removed.

The final choice of whether an account is in violation of any of these policies is at the sole discretion of Pixolio.me.

All information stored on our servers, can be linked back to an individual account. If a violation occurs, this information will be used to notify and/or potentially restrict the account and/or user permanently.

Fees

User agrees to enter a one (1) month contract agreement with Pixolio.

User can opt to upgrade or downgrade their service agreement to any other contract agreement that Pixolio is currently offering for sale at any time of upgrade or downgrade. In the event of a contract downgrade, the new price will take affect for the next billing cycle. This credit can be applied to future months of service with Pixolio, and is in no way transferable to a cash refund.

At the end of the contract term, the contract will automatically renew indefinitely until explicitly cancelled by the User. Cancellation must be issued via the User's website management interface or via Pixolio’s support addresses. Any cancellation issued via the customer's website must be done at least one (1) day prior to the end of the contract term to the end of the contract term to allow for adequate processing time.

Design & Design Setup Fees

Certain design services carry a setup or one-time fee charged by Pixolio.me to client, which must be paid by client in order to for the design services to be applied to their account and site. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to Pixolio.me and agrees to pay any and all fees incurred by client.

Account Deactivations

Any account deactivated due to non-payment will require the fulfillment of the unpaid services, including time that the service was inaccessible, no greater than (2) months of service.

Chargeback / Refund Policy

Pixolio.me will not, under any circumstances, issue cash refunds for early contract cancellation. All Pixolio accounts begin an obligation-free trial which will allow you to evaluate the service for 30 days. No credit card information is collected to initiate a trial account, and charges will only be applied after explicit account purchase via the account Billing area. Please sign up for a monthly payment schedule if you are unsure of how long you will be using the service.

If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will immediately credit your account or credit card account for the appropriate amount.

Pixolio.me has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently blacklisted and barred from use of the Service. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Material and Products

Pixolio.me provides Services on an "as is" basis.

Pixolio.me shall make no effort to validate any information provided by the User for use with Services for content, correctness or usability.

Use of Pixolio.me services requires a certain level of knowledge in the use the Internet and World Wide Web. The User is required to have the necessary knowledge to use the Internet and the World Wide Web.

It is not the responsibility of Pixolio.me to provide free support for the User in the use and operation of Pixolio.

Only services and features clearly indicated as "free" or "no charge" are free or without charge. All other applications, features, functionality and support provided by Pixolio.me are provided for a fee and the User is liable for such fees.

The User may not rent or lease or provide the Services (including any software or documentation used by or with the service) to third parties.

The User may not decompile, disassemble, reverse engineer, copy, create a derivative work, or display the Software code in human readable form, or otherwise use the Services (which includes its software and documentation) except as explicitly provided for in this agreement.

The User may not store, publish, or give the Services (including software and documentation) to others, or otherwise enable its use by others.

Lawful Purpose

Services provided to or used by the User may only be for lawful purposes.

Transmission, storage, copying, or modifying any material or other actions by User in violation of any Federal, State or Local regulation is prohibited.

This includes material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets.

This also includes, but is not limited to, material protected by copyright, trade secret, or any other statute, threatening material, or obscene material.

Users are prohibited from using Pixolio.me services for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material beyond the realm of artistic representation of human body which Pixolio deems, in its sole discretion, to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. This also includes links or any connection to such materials. The designation of any materials as such described above is left entirely to the discretion of the Pixolio.

The subscriber agrees to indemnify and hold harmless and defend Pixolio.me from any claims resulting from the User's use or User's allowed use by others of the Services which damages either Pixolio.me its officers, its employees, its directors, its partners, or another party or parties.

Limitation of Liability

Damages claims for unavailability of the Service against Pixolio.me are expressly limited to the pro-rata portion of any monthly charge pre-paid by the User directly to Pixolio.me for the period of the system unavailability. "System unavailability" shall be narrowly defined as an unscheduled outage of more than 2 hours, but in no case shall include outages for maintenance, upgrade or repair where Users are provided notice of such outages in advance via the Pixolio.me website, blog, or email. Additionally, Pixolio.me shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Pixolio.me servers.

Violations

Violations of these Acceptable Use Policies should be referred to support@pixolio.me. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Account Activation

By activating your account with Pixolio.me, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

Server Uptime Guarantee

Although Pixolio.me has an excellent record for reliability, we do not offer an uptime guarantee. However, our network and servers are monitored continuously, and are rarely down except for scheduled maintenance and hardware and software upgrades.

Service Reliability and Warranties

Pixolio.me makes no warranties or representations of any kind, whether expressed or implied for the Services.

User's, use of Pixolio.me services are at User's sole risk. Neither Pixolio.me, its employees, directors, affiliates, agents, third party information providers, merchants licensers or the like, warrant that the Pixolio 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 Services or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Pixolio Service, unless otherwise expressly stated in this Agreement.

Pixolio.me also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the User, or viewers and users of User's materials, 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 Pixolio.me is at the User's own risk, and Pixolio.me specifically denies any responsibility for the accuracy or quality of information obtained through its services.

Under no circumstances will Pixolio.me bear any responsibility for any damages arising as a consequence of such unavailability.

Pixolio.me reserves all rights for changes and/or modifications to the Services and rates and will communicate these changes to the subscriber within 30 days of their effect.

Pixolio.me reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification.

Termination

This Service may be terminated by either party, without cause, by giving the other party 3 days written notice, or by account cancellation as stated above.

Notwithstanding the above, Pixolio.me may terminate Services at any time, without penalty and without notice, if the User fails to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Services. Pixolio.me may also seek legal prosecution of any violations of law or this Agreement and the User agrees to personal jurisdiction by the Courts in the State of Tennessee.

Upon notice of termination of Services by Pixolio.me to User via contact e-mail to User's Services account and contact e-mail account provided in User's personal information, or voluntary termination of service by User, Pixolio.me has the right to delete all data, files, or other information that is stored in the User's account for any reason.