Terms of Service
All provisions of this contract are subject to the TOS (Terms of Service) of CyberPixel Technologies and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber/customer understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
Being the user of CyberPixel Technologies services, you agree and affirm that you shall not use, display, upload, modify, publish, transmit, update, share or store any information that:
- Belongs to another person;
- Understand the characteristics, context, goals and mental models of the customers and staff.
- Is harmful, threatening, abusive, harassing, blasphemous, objectionable, defamatory, vulgar, obscene, pornographic, pedophilic, libelous, invasive of third parties privacy, hateful, or racially, ethnically or otherwise objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- Harms minors in any way;
- Infringes any patent, trademark, copyright or other proprietary rights;
- Violates any law for the time being in force;
- Discloses sensitive personal information of other person or to which the user does not have any right to;
- Causes annoyance or inconvenience or deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- Impersonates another person;
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
Being the user of CyberPixel Technologies’ services, you agree and affirm that you shall not host or publish or edit or store any information or shall not initiate the transmission, select the receiver of transmission, and select or modify the information contained herein above on CyberPixel Technologies servers else it will treated as violation of CyberPixel Technologies’ AUP and the services are liable to be suspended/terminated without refund and the CyberPixel Technologies may initiate legal action against you for any such violation.
CyberPixel Technologies upon obtaining actual knowledge by itself or been brought to knowledge by an authority mandated under the law for the time being in force in writing or through email signed with electronic signature about any such information as mentioned herein above, shall act expeditiously to work with user or owner of such information to remove access to such information that is claimed to be infringing or to be the subject of infringing activity.
CyberPixel Technologies shall provide information, without any prior intimation, to government agencies that are lawfully authorized for investigative, protective, cyber security or intelligence activity. The information shall be provided for the purpose of verification of identity, or for prevention, detection, investigation, prosecution, cyber security incidents and punishment of offences under any law for the time being in force, on a written request of such government agency seeking such information.
CyberPixel Technologies shall not deploy or install or modify the technological measures or become party to any such act which may change or has the potential to change the normal course of operation of the computer resource than what it is supposed to perform thereby circumventing any law for the time being in force.
This Agreement shall be construed in all respects in accordance with the laws of the Republic of India.
Disclosure to Law Enforcement
The AUP specifically prohibits the use of our service for illegal activities. Therefore, customer/Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, history, account use, etc. to any law enforcement agency who makes a proper written request without consent or notification to the customer/Subscriber. In addition CyberPixel Technologies shall have the right to terminate all services set forth in this Agreement.
Customer/Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to customer/ Subscriber. Customer/Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
Establishment of this service is dependent upon receipt of payment of applicable charges by the Company. Subsequent payments are due on the anniversary date of the month for that month’s service or, on the annual renewal date in case of services purchased annually.
Payments are accepted only in the form of crossed Demand Drafts, Cheques, Credit Cards or any other payment option communicated by company. Charges for all services are payable prior to the beginning of each service period. Failure to pay in no way relieves the customer from obligations to make full payment.
CyberPixel Technologies retains full rights to charge for or alter specifications or discontinue any of the services/ features offered under the various schemes at any time, without any prior notice.
It shall be our endeavor to set-up the server within 3 working days of the receipt of completed form along with the payment (realization). If however, there is a delay due to any unforeseen circumstances, the customers are requested to kindly bear with us. Additional or customized services are available at extra cost as applicable and mentioned in the hosting scheme.
You accept that your account may be temporarily or permanently suspended without any prior notice or information to you in any event of non-payment from your side for any of CyberPixel Technologies’ services.
Payments and Fees:
Cheques and Drafts returned for any reason are subject to returned item charge. Service will be interrupted on accounts that reach 7 days past due. Service interrupted for nonpayment may be subject to a reconnect charge fixed at the sole discretion of CyberPixel Technologies. Accounts not paid by due date may be subject to a late fee at the sole discretion of CyberPixel Technologies. If you desire to cancel your account, please raise a ticket 30 days in advance. Failure to notify cancellation in advance would result in services billed and payable for the next period.
Failure to Pay:
The Company may temporarily deny all services provided or terminate this Agreement upon the failure of customer/Subscriber to pay charges when due. Such termination or denial will not relieve customer/Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
In case your hosting service expired before the expiration of your domain then the Parking page of our company is shown and it is removed when the payment of hosting renewal is realized to us.
If any TDS is deducted on the professional services, then the credit for the same would be applicable only and only when the same is reflected in our 26AS for the corresponding quarter.
All necessary reminders shall be mailed to clients for renewals, however, if due to spam filters or technical problems, in case clients report non-receipt of reminder mails, the company cannot and shall not be held accountable for suspension or termination of an account due to non-renewal. It is the owner’s responsibility to make timely renewal payments upon year end or as the case may be to avoid suspension or termination of account.
In case of renewals for Dedicated, VPS and Cloud Hosting, if the renewal remains overdue by the payment due date, then no grace period will be allowed on these services, and suspension and termination will be done immediately i.e. on the payment due date. It would be therefore the client’s responsibility to take necessary backup of data before overdue. In case the data gets lost owing to any delay in renewals, the responsibility would entirely be of clients and no dispute tickets or complaints shall be entertained by the company at any level.
Upon expiry of a domain, the registrar shall have every right to put a default parking page with its own advertisements on it. Clients acknowledge and accept the fact that in case of expired domains, restoration of domains after renewal may take at least five to ten days due to propagation factors or registrar problems. The restoration charges of a domain during redemption period would be applicable as per registrar’s policy and might be even a little higher.
In case where any refund of any fee or charges relating to the services provided by the Company is to be made the same shall be made only by adding the amount to the extent of refund amount in client area. It is also made clear that refund shall be allowed to a maximum amount equivalent to the amount of 45 days of the fee payable for the services.
VPS, Dedicated & Cloud Server Suspension &Termination: CyberPixel Teechnologies has full rights to suspend and terminate the hosting services on the payment due date. The client is solely responsible for paying CyberPixel Teechnologies on the due date of his/her services. CyberPixel Teechnologies will not be responsible for any data loss/mis-happenings that may occur due to nonpayment of services on the due date.
In case of migration/upgradation, your (client’s) old server/account will be terminated in 48 hours of the activation of the new server/account without any further intimidation. It is the client’s responsibility to ensure the full completion of migration within 48 hours of getting the new account details. CyberPixel Technologies will not be liable for any data loss/mis-happenings that may occur after 48 hours of the activation of new account.
Requests for canceling accounts may be made in writing with at least 30 days notice but not more than 60 days prior written notice by the Subscribers / Customers through the ticket.
Only the authorized account holder or an authorized contact may cancel the account. Authorized contacts are appointed only by the account holder. In the event of cancellation, customer will automatically be billed for any excess usage during the then-current calendar month.
If Refund request is made by the client and he wants to terminate the services prior to completion of the tenure fixed, then it may be terminated on the following grounds as mentioned below:
A. That client always makes available such a balance in his account/control panel, which is given to him with password and user name, through which his renewal of the services be done without fail and client also abides and agrees that if the services are not continued then he informs CyberPixel Technologies 30 days prior to renewal date of that service.
B. All Web Hosting (Linux and Windows) plans have a 10 days money back guarantee. In case you are not satisfied with your service for any reason, you will receive a refund (excluding taxes) if you cancel your account within 10 days of the activation of your account.
This 10-day refund policy shall not apply to any additional items or services; this includes but is not limited to POP accounts, MySQL, and Real Audio®/Video®. Domain Parking services, Domain Registration, VPS & Dedicated services, Email service, Office365, Sitelock, Cloud server, Website Builderare excluded from refund policy. No refunds are available after 10 days.
C. Cancellations after 10 Days. Subscriber may cancel his/her/its Services at any time with a valid proof of customer service, before or after automatic account renewal, and, with the exception of any Non-refundable Fees or setup fees, if any, which are nonrefundable after 10 calendar days, receive a pro-rated refund for all other fees paid for Services, less Domain Name & RS.500/- Setup Charge.
D. Notice of Cancellation. Subscriber agrees to direct all cancellation requests to CyberPixel Technologies via email to firstname.lastname@example.org. The cancellation request must include verification of ownership of the hosting account and/or domain(s), as determined by CyberPixel Technologies. Subscriber must also confirm to CyberPixel Technologies that all emails, files, and databases are preserved and backed up somewhere other than CyberPixel Technologies server space. Once confirmed, the cancellation can be processed as per cancellation policy.
E. In case where any refund of any fee or charges relating to the services provided by the Company is to be made the same shall be made only by adding the amount to the extent of refund amount in client area. Outside of the Money Back Guarantee, refunds are not offered.
Failure to fully comply with these terms is ground for account suspension and/or deactivation (with or without refund, subject to CyberPixel Technologies’ discretion). Any accounts and/or servers contained within CyberPixel Technologies’ network must adhere to the above policies.
We reserve the right to remove any account without prior notice. If we deactivate your account for violating policy, no claim for refund shall be entertained and your balance amount, if any, with CyberPixel Technologies shall stand forfeited.
However, if the refund request is made after 10 days, then such a request would not be processed under any circumstances regarding technical, sales, billing or any reason whatsoever. Upon release of refund amount in any case by the company, the company shall not be held accountable for any delay involved in sending refund to the client. The company shall not answer or handle any tickets in this regard.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for various reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, customer/subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Customer/Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential loss, damages, or injury.
New Domain Accounts:
All new webhosting accounts involving new domains will be set up and entered into our DNS servers within 24 hours. Due to unforeseen complications, however, this process may sometimes require up to 7 business days.
For a new domain registration request, a Registrar may take at least three to seven business days factoring in on elements like holidays, internal processing issues etc. and in all such cases, the Company cannot and shall not be held liable if your domain name gets registered by some other party. In case of any dispute arising out of this, the company’s liability shall be restricted purely to making refund of the amount received by it for a new domain request and not beyond. The company shall not be liable for any delay whatsoever occurring in the domain transfer process.
Transfer of Domains: New webhosting accounts which involve the transfer of a domain from another provider to CyberPixel Technologies will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by CyberPixel Technologies on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges paid by the Customer shall be non-refundable.
Support Boundaries: CyberPixel Technologies provides dedicated technical support to our customers/subscribers, however in accordance with purchase plan or service type. We limit our technical support to our area of expertise. The following are our guidelines when providing support:
CyberPixel Technologies provides support related to your server or virtual site physical functioning.
CyberPixel Technologies does not offer tech support for application specific issues such as CGI programming, HTML or any other such issue.
CyberPixel Technologies does not provide technical support for YOUR customers. If you are able to get online and have other questions, the answers may be on our Knowledge base – we encourage you to check there first.
The Skype or any other Chat or any other method of communication with customers/clients is only for basic help. Please do not provide your sensitive information to our agents/executives etc like login details, passwords, banking info etc. on any Chat. You should also not make any commitments on chat or otherwise. All such commitments, disclosures and interactions with our team would solely be at your own risk and CyberPixel Technologies do not deem valid or vouch for the authenticity of all such interactions. CyberPixel Technologies recommends that for all complex and advanced issues, customer duly raise a ticket by logging into their member control panels.
Any commitment of Sales team to client regarding availability of technical features, unless in accordance with technical specifications and plans mentioned on company website would not incur any liability upon the company. All such unsubstantiated commitments by sales team on phone or mails would not carry any weight in the eyes of company and the Company is not responsible and not is held liable for any such unauthorized commitment.
If upon proper assessment and merits of a particular case, a contradiction or mismatch is detected by company management between what was committed and what was stated on website, if warranted at all, a refund on pro-rata basis would be provided, but no legal accountability will be entertained.
Ticket, Live Chat & Phone Support: Our telephone and Live Chat support is available for users to update them about the status of their problems. Phone and chat support would not at any point of time be available to render technical and support information to customers. No Third Party Application will be supported in any case by CyberPixel Technologies Support Team.
For technical and billing related issues, clients can raise tickets through emails sent to technical and billing departments. For billing and support related issues we do not entertain any emails addressed to sales and abuse departments. All such mails addressed and sent to cross-functional departments (Sales, Abuse etc.) would not be answered by company. Also all such issues would not be handled by our team on Live chat.
No queries of technical and billing nature would be entertained by team on a Sales chat session. The timings for Sales and Technical chat would be 10:00 am to 7:00 pm. Any phone calls made to cross-functional departments (Sales, Abuse, etc) regarding billing or support queries would not be answered by these departments.
Other than the stipulated channels of support, the company would not entertain any query, discussion, complaint related to billing, support, or sales on a face-to-face basis.
Customers/clients may strictly desist from approaching any individual in person regarding technical support or any other issue. All such attempts would not be entertained or acknowledged by the Company.
SPAM and Unsolicited Commercial Email (UCE):
CyberPixel Technologies takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of CyberPixel Technologies may not use or permit others to use our network to transact in UCE. Customers of CyberPixel Technologies may not host, or permit hosting of sites or information that is advertised by UCE from other networks.
In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carries severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.
Violation of CyberPixel Technologies’ SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, CyberPixel Technologies will initiate an immediate investigation (within 48 hours of notification). During the investigation, CyberPixel Technologies may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, CyberPixel Technologies may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, CyberPixel Technologies reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. CyberPixel Technologies will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an “Administrative Fee” of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an “Administrative Fee” of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these “Administrative” penalties, they will pay “Research Fees” not to exceed $175 per hour that CyberPixel Technologies personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
As our Customers are ultimately responsible for the actions of their clients over the CyberPixel Technologies network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
IP Address Ownership:
If CyberPixel Technologies assigns Customer an Internet Protocol address for Customer’s use, Customer shall have no right to use that Internet Protocol address except as permitted by CyberPixel Technologies in its sole discretion in connection with the Services, during the term of this Agreement. CyberPixel Technologies shall control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by CyberPixel Technologies, and CyberPixel Technologies reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
Our allocation of IP addresses is limited by ARIN’s new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
Bandwidth and Disk Usage:
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the “Agreed Usage”). CyberPixel Technologies will monitor Customer’s bandwidth and disk usage. CyberPixel Technologies shall have the right to take corrective action if Customer’s bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in CyberPixel Technologies’ sole and absolute discretion.
If CyberPixel Technologies takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. Bandwidth usage is measured on a calendar month basis. Both incoming and outgoing traffic are counted. In the event that a customer exceeds the included allocation, CyberPixel Technologies may, at its sole discretion bill the customer over usage. Unused bandwidth allocations cannot be carried over to future months, or applied to other servers.
System and Network Security:
- Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
- Taking any action in order to obtain services to which such User is not entitled.
Notification of Violation
- Notification of claimed infringements should be sent on email@example.com.
- CyberPixel Technologies is under no duty to look at each customer’s or user’s activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
- First violation: Any User, which CyberPixel Technologies determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at CyberPixel Technologies’ discretion to a temporary suspension pending a User’s agreement in writing, to refrain from any further violations.
- Second Violation: Users that CyberPixel Technologies determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
- We reserve the right to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer’s network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
- Suspension of Service or Cancellation: CyberPixel Technologies reserves the right to suspend network access to any customer if in the judgment of the CyberPixel Technologies network administrators the customer’s server is the source or target of the violation of any of the other terms of the AUP or for any other reason which CyberPixel Technologies chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s machines were suspended.
USAGE DEFINITIONS AND POLICIES
Company offers high-limit or unlimited amounts of disk space and/or other resources, such as bandwidth transfer. The intention of Company is to provide ample resources for customer convenience, so that customers do not need to worry about exceeding limits for their own site(s).
NOTE: The following does not apply to Virtual Servers (“VPS”) as VPS customers can utilize their VPS as needed when utilized within the Terms of Service. Non Reseller Plans are for individual site owners to utilize for a singular purpose, NOT to be utilized as a reseller plan, NOT to be utilized by a webmaster for sites he/she maintains, NOT to be utilized to promote or benefit another person(s) or organization(s) outside of the accounts’ singular purpose, nor to host sites which Customer does not own, nor to host sites for which Customer is not responsible for. Any such use of the Services will result in the termination of Customer’s account, with or without notice.
“Unlimited” means what? Company does not set an arbitrary limit or cap on the amount of resources a single Customer can use. In good faith and subject to these Terms, Company makes every commercially reasonable effort to provide its Customers with all the storage and bandwidth resources needed to power their web sites successfully, as long as Customer’s use of the service complies with these Terms.
“Unlimited” DOES NOT mean what? Company employs complex mechanisms to protect its Customers and systems from abuse. Company’s offering of “unlimited” services is not intended to allow the actions of a single or few Customers to unfairly or adversely impact the experience of other Customers.
Company’s Shared and Reseller services are a shared hosting service, which means that multiple Customer web sites are hosted from the same server and share server resources. Company’s service is designed to meet the typical needs of personal, small business and home business website Customers. It is NOT intended to support the sustained demand of large enterprises, or non-typical applications better suited to a VPS or dedicated server. Any usage deemed by management to be outside of the normal shared hosting customer resource usage will not be allowed.
Company will make every commercially reasonable effort to provide additional resources to Customers who are using their website(s) consistent with these Terms, including moving Customers to newer and bigger shared servers as necessary. However, in order to ensure a consistent and quality experience for all Customers, Company does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system until Company can evaluate said sites resource needs.
Unlimited Hosting Space. Company does not set arbitrary limits on the amount of disk space a Customer can use for Customer’s website, provided Customer’s use of storage complies with these Terms. Please note, however, that Company’s service is designed to host websites. Company does NOT provide unlimited space for online storage, backups, or archiving of electronic files, including historical audio/video files of sermons, documents, log files, etc., and any such prohibited use of the Services will result in the termination of Customer’s account, with or without notice.
Unlimited File Transfer. Company does not set arbitrary limits on the amount of visitor traffic a web site can receive or on the amount of content Customer can upload to his/her/its website in a given month, as long as Customer’s use of the Services complies with these Terms. In most cases, a Customer’s web site will be able to support as much traffic as Customer can legitimately acquire. However, Company reserves the right to limit processor time, bandwidth, or processes in cases where it is necessary to prevent negatively impacting other Customers.
NOTE: Unlimited traffic is not applicable to streaming videos, streaming music or extremely high bandwidth usage sites/applications. In the very unlikely event that Customer site is utilizing an abnormally high usage of bandwidth, custom bandwidth plans can be created for Customer.
CyberPixel Technologies wishes to emphasize that in agreeing to the CyberPixel Technologies Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies CyberPixel Technologies for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to CyberPixel Technologies or the bringing of any claim against CyberPixel Technologies by any third-party. This means that if CyberPixel Technologies is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against CyberPixel Technologies, plus all costs and attorney’s fees.
You agree that if your agent (i.e. and Internet Service Provider, Web design company, employee, etc) purchased the services of the Company on your behalf, you shall nonetheless be bound as a principal by all the terms and conditions herein.
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference. A waiver by the Company of any breach of any provision of this Agreement by customer/Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
CyberPixel Technologies takes no responsibility for any material input by others and not posted to the CyberPixel Technologies Network by CyberPixel Technologies. CyberPixel Technologies is not responsible for the content of any other websites linked to the CyberPixel Technologies Network; links are provided as Internet navigation tools only. CyberPixel Technologies disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.
CyberPixel Technologies is not responsible for any damages your business may suffer. CyberPixel Technologies does not make implied or written warranties for any of our services. CyberPixel Technologies denies any warranty or merchantability for a specific purpose. This may include loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by CyberPixel Technologies.
It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.
Responsibility for Content:
You, as CyberPixel Technologies’ customer, are solely responsible for the content stored on and served by your CyberPixel Technologies server.
It is customer’s responsibility to purchase appropriate data backup and recovery plans in order to mitigate the risk of failure or accidental deletion.
We provide evaluation version on windows VPS which can be re-activated after every 6 months.
Requirements for using Microsoft software. Customers/ Subscribers are prohibited from allowing more than five (5) authenticated users of the Microsoft Windows Server Operating Systems under Microsoft licensing terms and could create liability issues with Microsoft if violated.
Customer agrees not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on Software Products or that appear during the use of Software Products. Customer further agrees not to reverse engineer, decompile, or disassemble the Software Products.
CyberPixel Technologies may provide you access to other third party software and/or services (“Third Party Products “) through reseller relationships CyberPixel Technologies has established with certain commercial vendors, including without limitation, Microsoft Corporation (“Third Party Vendors”). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by CyberPixel Technologies and not by the Third Party Vendor. Neither CyberPixel Technologies nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products.
Customer expressly acknowledges and agrees that use of third party products is at customer’s sole risk and such third party products are provided “as is” and without representation or warranty of any kind from CyberPixel Technologies or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither CyberPixel Technologies nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. Customer agrees to observe the terms of any license and/or applicable end user subscriber agreement for third party products and that customer shall be fully liable to third party vendors and CyberPixel Technologies with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user subscriber agreements.
Force Majeure: Neither party shall lose any rights hereunder or be liable to the other party for damages or losses on account of failure of performance by the defaulting party if the failure is occasioned by any occurrence or contingency beyond its reasonable control, including war, strike, fire, Act of God, earthquake, flood, lockout, embargo, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of the nonperforming party; provided that such party shall use commercially reasonable efforts to promptly mitigate any damages or losses.
Denial of Service: We reserve the right to refuse service to anyone at any time for any reason.
Governing Laws and Dispute Resolution
The laws of India govern this Policy. The Parties agree to use their best efforts to mutually resolve any dispute arising under this Policy. Failing which the dispute may be referred to Sole Arbitrator to be appointed by the Managing Director of CyberPixel Technologies. The Arbitration proceedings shall be carried out at Malda in accordance with the Arbitration and Conciliation Act 1996.
The laws of the Republic of India shall govern this agreement. In any event of dispute the area of Jurisdiction shall be Malda only.
By placing, hiring and continuing to maintain or place information at CyberPixel Technologies’ servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.