PixelFreezer Design Hosting Terms and Conditions
If you take out a hosting plan with us, you agree to the following terms and conditions.
Our hosting services are provided my Media Temple (US) and Heart Internet (UK). Therefore you agree to Media Temple's or Heart Internet's Terms and Conditions and Acceptable Usage Policys. These are linked below.
Our servers are based in the USA and the UK. If you have a US hosting plan, your website and any files uploaded to our servers will be stored in the USA and subject to US law.
Availability of services
We attempt to provide the service 24/7/365 as long as your payments are up-to-date. Sometimes, for a number of potential reasons, the service may be unavailable. You must acknowledge that due to the nature of web hosting technology and the Internet, occasional unavailability of the services cannot be avoided. Sometimes equipment malfunctions, at other times we undertake periodic maintenance procedures or repairs. Other times there are causes beyond our control such as power failures, failure of telecommunication links, hostile network attacks, network traffic and other occurrences. We cannot promise to provide you with an uninterrupted (100% uptime guaranteed) service.
If PixelFreezer Design is sued or threatened with a lawsuit from a third party because of something you do with the services we provide, or as an affiliate, you agree to pay all legal fees plus administration fees if PixelFreezer Design is found liable or pays to settle the dispute. Not only do you agree to reimburse us for what it costs to satisfy a judgment or settle a case, you also agree to pay PixelFreezer Design's attorney's fees and all other costs PixelFreezer Design incurs in defending itself.
Disclaimer of Warranties
PIXELFREEZER DESIGN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PIXELFREEZER DESIGN MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. PIXELFREEZER DESIGN DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Limitation of Liability
IN NO EVENT SHALL PIXELFREEZER DESIGN BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF PIXELFREEZER DESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.