This policy represents the Creative Pixels Media Terms of Service (“TOS”) in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all Creative Pixels Media customers agree to when they sign-up for any of the Creative Pixels Media website hosting services. Creative Pixels Media reserves the exclusive right to change, amend or revise any portion of this TOS policy at any time, with or without written notice to our customers.
Customers using any services offered by Creative Pixels Media agree to be obligated by and must comply with all policies in this TOS or must otherwise opt out of and cancel their web hosting service with Creative Pixels Media. Creative Pixels Media retains the sole discretion to make judgment regarding any violation by any Creative Pixels Media customer and may take action against any customer deemed to be in violation of these terms including the cancellation of any customer.s services without refund and/or, if deemed appropriate, be legally prosecuted.
In consideration for Creative Pixels Media maintaining one or more accounts (each “Account”), you, as the Creative Pixels Media customer, agree to the following terms of service.
“We” “Us” or “Provider” or “Creative Pixels Media” – CreativePixelsMedia.com
“You” “Your” “Client” “Customer” or “Member” – Each person or entity who applies for internet service or is a designate of anyone who applies for internet service.
Disclaimer of Warranty
The Internet and website hosting relies on a complex network of hardware, software, network services and providers of information. Due to the need for an aggregate of all of these providers and service companies working properly not all services may be available to you at all times.
Creative Pixels Media however, offers a 99.9% uptime guarantee. This is valid for only the Creative Pixels Media servers and our primary co-location internet connection. Creative Pixels Media shall pursue partnerships with all tier-1 resource and channel available to maintain maximum uptime, however, Creative Pixels Media is not responsible for any down time caused by any provider’s hardware or network malfunction which is outside of Creative Pixels Media capability to directly correct. Creative Pixels Media clients are diverse and their websites and the function of those websites are diverse and Creative Pixels Media cannot be held responsible for any service interruption due to client’s error, including but not limited to spamming, the target of a DDOS attack, or any other internet or cyber attack.
Creative Pixels Media MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither Creative Pixels Media nor any one else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of Creative Pixels Media, even if Creative Pixels Media has been advised to the possibility of such damages.
Limitation of Liability
IN NO EVENT SHALL Creative Pixels Media BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE Creative Pixels Media. SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF Creative Pixels Media. SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF Creative Pixels Media HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Creative Pixels Media. MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO Creative Pixels Media FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, Creative Pixels Media. LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW
You agree to indemnify, defend and hold Creative Pixels Media and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto Creative Pixels Media. servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to Creative Pixels Media. equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by Creative Pixels Media. gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.
Choice of Law
This Agreement shall be interpreted under the laws of the State of Minnesota without regard to any conflict of laws provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venued in the Superior Court of the State of Minnesota , County of Hennepin . The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.
Services Provided By Creative Pixels Media
Creative Pixels Media will provide Internet server rental (“the Service”) to its members for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows Creative Pixels Media members to maintain Internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. Creative Pixels Media members will use the provided services in a manner consistent with any and all applicable laws. Creative Pixels Media provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. Creative Pixels Media reserves the right to refuse service to potential and/or existing customers to protect its existing paying customers. If any of the below violates are committed, Creative Pixels Media can terminate client’s account without notification.
CreativePixelsMedia.com provides timely website hosting support to our clients through emails, chat and phones. By accepting your client contract agreement with CreativePixelsMedia.com you agree not to abuse whether verbally or physically or whether in person, via email, live chat or telephone or otherwise (a) any other customer of CreativePixelsMedia.com and any employee or contractor of CreativePixelsMedia.com.
Creative Pixels Media will send e-mails from time to time regarding your account, special offers and promotions. You may unsubscribe to these e-mails at anytime by following the instructions at the bottom of those e-mails.
Client agrees that web pages and files uploaded to servers will not violate any state, national or foreign laws or regulations; infringe on any intellectual property rights of Creative Pixels Media or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to Creative Pixels Media or any third party. Customers may not run IRC, bots or clients. Clients may not use Creative Pixels Media servers for file storage unrelated to the client’s website, storage Space is for active website file pages only. Creative Pixels Media’ shared hosting account holders may not act as a reseller, which means that clients may not host any websites in their add on domains that are not domains owned by the client on record at Creative Pixels Media. You will need to opt-in for our reseller hosting service. Unacceptable uses also include: Bulk unsolicited emailing, unsolicited e-mailings, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted MP3, copyrighted music, copyrighted video, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, proxy(ies) and image/file sharing websites. Creative Pixels Media will be the sole and final arbiter as to what constitutes a violation of this policy. Creative Pixels Media does not normally monitor the contents of clients servers, however if suspicion occurs, Creative Pixels Media reserves the right to investigate and terminate the clients subscription to the service.
Free Hour of Website Updates & Changes
Your free hour is content based, but does not include design, development or SEO (beyond the initial SEO setup when you open your account). Actual design, development and SEO is billed at $100/hour in 15 minute increments. What this means is the free hour per month is to be used to update content on your site. Examples of this would be adding a blog post you send us for you, updating text or images on pages, if you run a restaurant we’ll update your menu or daily specials for you. If you run an online store we’ll add items you send us to your store. Stuff like that. If you have questions on if something is included, please reach out to use through your support desk located within your account dashboard. We’ll always let you know if something wouldn’t be covered prior to doing it so we can get authorization to move forward.
What do you mean by “unlimited disk space and bandwidth/data transfer”?
We do not set limits on the disk space and bandwidth (data transfer) that we provide in plans that are marked “Unlimited”. We want you to have the resources available to you to build a great online presence.
Even though we want you to succeed, we need to ensure that we’re providing all of our customers with optimum service. As such we do require all of our customers to be fully compliant with our Excessive Resource User Policy/Terms of Service and utilize disk space and bandwidth related to normal operation of a personal or small business website.
If a customer’s hosting account is found to have violated the client content, excessive resource user policy and/or is storing files for archiving purposes, the contents will be removed and while we make best effort to contact customers before hand, can occur without notice.
Excessive Resource User Policy
Resources are defined as disk space, bandwidth, and/or computing resources (cpu, memory, disk i/o, # of files/inodes) utilization. Creative Pixels Media offers a shared hosting service in which environment customers may share resources with other customers, therefore it is imperative that Creative Pixels Media control any excessive usage by customers so that they do not disrupt the service quality of other customers using the same resources. A hosting account is considered using “Excessive amounts of resources” when it consumes 100% of 1 CPU core, and/or 1 GB Memory, 20 concurrent connections and/or 75,000 files also known as “Computing Resources”, and/or “Resources”, and/or “Resource Usage”. There are numerous issues that could cause such problems, including but not limited to: cgi scripts, FTP, HTTP, etc. To prevent service disruption for other customers, a hosting account which exceeds the included computing resources will be slowed down automatically for as long as the resources are being overused. Creative Pixels Media will make every reasonable effort to notify customer prior to suspension, however, Creative Pixels Media may suspend any offending hosting account prior to notifying the customer of the account in the event that service disruption to other customers was/is caused. The customer whom is using “excessive resources” may be asked to upgrade his/her package to a more suitable hosting package, such as but not limited to a premium account, virtual private server or dedicated server. Creative Pixels Media will be the sole and final arbitrator as to what constitutes as a violation of this policy. Customers have access to their Resource Usage within their control panel.
UCE/UBE or “Spam” originating from a server located on our network or associated with a Creative Pixels Media server is not tolerated. This includes any e-mail that promotes websites hosted on a server located on the Creative Pixels Media network but is sent from an e-mail address not associated with that Creative Pixels Media account. Client shall not use their Creative Pixels Media services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Creative Pixels Media reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice.
Creative Pixels Media allows 3rd party scripts to be uploaded/installed from our auto-installer or manually (those scripts that are/aren’t included in the auto-installer) on your web hosting account. It is the responsibility of our web hosting clients to maintain the latest exploit free version of the scripts. If a script that our web hosting clients uploads to our servers is found to have security lapses and allows a third party to “hack”, “exploit”, “deface” their site(s) it is the responsibility of our clients to either remove that script or Creative Pixels Media.com and GreenResellerWebHosting.com reserves the right to terminate that clients’ account and provide them with a prorated refund.
Customer agrees not to post false or inaccurate information to news groups in violation of the news groups rules and regulations. If any news groups or service provider contact Creative Pixels Media concerning unethical, false or unlawful activities by you, Creative Pixels Media reserve the right to suspend or terminate your service with or without notice.
Licensed Software Only
Client agrees to use only properly licensed third party software in connection with Client’s use of the Services.
Creative Pixels Media provides the service of daily database backups and weekly full site backups. Creative Pixels Media also backs up its servers and retains a copy for 24 hours for disaster recovery purposes only. Although we keep daily database backups and weekly full site backups it is the responsibility of the customer to keep up-to-date archives of their backed up data. Creative Pixels Media is not responsible for any loss of data including but not limited to hardware failure, backup failure, hacking or accidental deletion.
Full payment is required in advance before hosting service is established. Creative Pixels Media will bill your credit/debit card on file each month or year on the same day depending on which plan you choose. It is the customers responsibility to keep up to date payment information. If your card is lost/stolen or you simply would like to change credit/debit cards, please log in to your Account Dashboard (My Account) and click ‘My Plan’ then click ‘Update Payment Method’.
You warrant and represent that the information you supply in the Order Form (or other information that Creative Pixels Media may require) is accurate and truthful. All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your account will be suspended. It is the clients responsibility to ensure that payment is made to Creative Pixels Media prior to the renewal date and although Creative Pixels Media sends renewal notices to our customers prior to their renewal date, because of the ability for a customer to change their contact email addresses without notifying Creative Pixels Media, the customer is ultimately responsible for remembering their renewal date and to make sure payment is available upon the renewal. Failure to keep an account in good standing and/or service renewals paid for will result in service deactivation until the account and or service renewal is paid for in full. In the event your card is declined we will send out reminders to update your billing, but after 7 days your account will be suspended and your site/files will come down. After 30 days of non payment your account will be deleted and all files will be deleted as well.
Discount / Promo Codes
We occasionally promote discount codes through our site or social media so please check those and follow us for up to date codes being offered. We also occasionally work with partners or affiliates to offer special discounts to their visitors. You can enter your discount code during checkout.
Note: Discount or promo codes only provide the discount for the first month of your subscription. After that your monthly rate will be the normal advertised price. Annual payments already receive a ‘2 FREE months’ discount so are excluded from these discount code offers.
It is the obligation of the Creative Pixels Media customer to know when their account comes up for renewal and if their intention is to non renew their account they must cancel their hosting subscription prior to their due date. It is the customer’s responsibility to ensure that Creative Pixels Media has a valid email address for which we can send out renewal notices to our clients. If Creative Pixels Media does not receive a cancellation request prior to the customer’s renewal we will renew the clients’ account on the renewal date and we will apply the appropriate charges. Accounts will be automatically renewed under the same time and fee structure as the plan that the client signed up for (unless plan changes were made or upgraded between the time when the client signed up & their renewal date). The 30 day money back guarantee applies only to the start date of the clients’ service with Creative Pixels Media and does not apply to renewals of service.
In the event your card is declined we will send out reminders to update your billing, but after 7 days your account will be suspended and your site/files will come down and access to your site will be restricted until payment is made. After 30 days of non payment your account will be deleted and all files will be deleted as well.
All prices listed are in US Dollars ($), for all services & server locations unless otherwise specified.
Cancellation & Refunds
Should you become dissatisfied with our services within the first 30 days of your account activation, Creative Pixels Media will refund your hosting fee subject to the money back guarantee terms listed in this agreement. Refunds are not available for customers after the 30 days of account activation. You may however cancel your account at any time in order to make sure that your account is not renewed. To cancel your hosting subscription, simply log in and go to your Account Dashboard (My Account) and click ‘My Plan’, then click ‘Cancel’. Note: You must cancel before your renewal date to avoid being charged for the next month. Example: If your billing date is on the 5th, you must cancel no later than the 4th. This includes annual plans. You must cancel before your initial 30 days or there will not be any refunds for annual plans after the initial 30 days, however you can cancel at anytime so that your annual plan will not be renewed. All website files are the responsibility of the customer and must be moved/backed up prior to cancellation. Accounts which have negative balances will be sent to collections and all services will be terminated, including domain registrations. Refunds are never available for domain registrations. Domain Names transferred to our service incur an additional year of registration and therefore are considered a domain registration. Domain registration fees are $24.95/yr. Domain names of customers which leave our hosting service will be refunded the package price total less the domain registration fee if the customer leaves Creative Pixels Media hosting service within the 30 day money back guarantee.
In addition refunds are not available for additional services such as, but not limited to domain names, dedicated IP’s, SSL certficates, CDN, professional services, etc. Add-on services that are activated and are included in the hosting package will not be refundable if cancelled within 30-days.
Website files are the responsibility of the Creative Pixels Media customer and should a Creative Pixels Media customer decide to cancel their service it is the customer’s responsibility to make sure that they have backed up & downloaded the website files and any emails from the Creative Pixels Media server prior to requesting that Creative Pixels Media cancels their account. Once the cancellation request has been submitted to Creative Pixels Media a cancellation of the website hosting service may occur anytime after the request is received by Creative Pixels Media and when a cancellation request is completed the client’s hosting account with Creative Pixels Media and their website files are permanently removed from the Creative Pixels Media servers. Therefore again it is the client’s obligation to ensure that they have downloaded their website files and any emails from the server prior to their cancellation request.
99.9% Service Level Agreement “SLA”
Creative Pixels Media offers its clients a 99.9% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem free. Creative Pixels Media will try to maintain maximum uptime. Creative Pixels Media is not responsible for any downtime caused by the client.
30 Day Money Back Guarantee
Creative Pixels Media offers an unconditional 30-day money back guarantee that covers cancellations on shared hosting made during the first 30 days of service, due to the inability to deliver satisfactory services. As a part of our strive to achieve industry leading customer satisfaction, the customer will be refunded all hosting charges made to their credit card minus any setup fees, domain name or add-ons (included and/or purchased) are non-refundable. The guarantee does not apply to accounts with non-use, misuse, and/or abuse of this agreement. Domain name registrations are also non-refundable. Domain Names transferred to our service incur an additional year of registration and therefore are considered a domain registration. Domain registration fees are $24.95/yr. Domain names of customers which leave our hosting service will be refunded the package price total less the domain registration fee if the customer leaves Creative Pixels Media hosting service within the 30 day money back guarantee. Any questions regarding the 30-day money back guarantee should be forwarded to Creative Pixels Media via our contact page or via the Support tab in your Account Dashboard.
Theme Refund & License Policy
Due to the nature of digital downloads being irretrievable we do not offer refunds on theme purchases outside of extenuating circumstances. If you feel as though a refund is warranted please contact us with your explanation and we will do everything we can to work with you to resolve the issue.
Your purchase of any of our themes allows for unlimited use. Resale is not permitted. Support is included for one year from purchase date. Extended support/updates are available for $19/year.