Upon notice published on-line, Pixelgate Inc. may modify these terms and conditions, and/or fees charged, as well as discontinue or change the services offered. If you do not agree to these terms and conditions, please direct any questions or concerns to our accounting department at [email protected] and complete the service cancellation form, so we may initiate the termination of your user account. If you have any questions about the PixelGate Acceptable Use Policy (AUP), please contact the PixelGate Customer Service department.
1.0 Provision Of Services
1.1 PixelGate will provide services on its computing and network systems to individual account holders in exchange for payment of fees and compliance with the terms and conditions of this document.
1.2 PixelGate services are defined as the use by the account holder of computing, telecommunications, PixelGate software, and information services provided by PixelGate. These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the "Internet".
1.3 PixelGate may provide computer software and programs with its user accounts. However, PixelGate does not provide a warranty, either expressed or implied, as to the usability or behavior of these programs.
1.4 PixelGate services include access to the worldwide USENET discussion groups (newsgroups). Some of these discussions may contain language or pictures about subjects intended for Adult audiences. Account holders less than 18 years old must have a parent or legal guardian agree to these conditions to indicate acceptance and knowledge of this.
1.5 PixelGate will publish a notice of fee changes on-line via PixelGate services before such increases will take effect.
2.0 Use of Material
2.1 Public Domain materials (e.g., images, text, and programs) may be downloaded or uploaded using PixelGate services. Account holders may also re-distribute materials in the public domain. The account holder assumes all risks regarding the determination of whether the material is in the public domain.
2.2 As provided by United States federal law and by International treaties, copyrighted materials (e.g., images, text, and programs) may not be uploaded using PixelGate services without the permisssion of the copyright holder. Except as expressly permitted, materials under copyright may not be distributed to others. Copyrighted material may not be changed nor can the author attribution notices nor the copyright notices be modified.
2.3 Note that some materials available on the Internet are called "SHAREWARE." These materials may be downloaded and used, but they are copyrighted materials. The copyright holder usually gives permission to use the material for examination. If you choose to continue using the materials, the copyright holder requests that you register your usage and may ask that you pay a license fee.
3.0 Use of Services
3.1 PixelGate user accounts are for individual users (even if paid for by their employer) and the account holder therefore agrees not to share the password of the account. The account holder acknowledges that PixelGate will terminate the account after appropriate notification if the account holder does not comply.
3.2 The account holder agrees to maintain a secure password to the account. Secure passwords are those that are at least 5 characters long, contain two or more of the following: upper case characters, lower case characters, numbers or mathmatical characters. Furthermore, the password should not be found in direct or reverse order in a dictionary.
3.3 The account holder agrees not to use any process, program, or tool via PixelGate services for guessing the passwords of account holders on PixelGate or other systems. The account holder agrees not to use PixelGate services to make unathorized attempts to access the systems and networks of others.
3.4 The account holder agrees to use the services provided by PixelGate as permitted by applicable local, state, and federal laws. The account holder agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law.
4.1 The account holder acknowledges that PixelGate makes an honest effort to keep the information or services available on PixelGate's systems accurate or available to other interconnecting networks. However, PixelGate can make no warranty of any kind, either expressed or implied, regarding the availability, quality, accuracy, or validity for the data or services provided. Use of information and services obtained from or through PixelGate is at the risk of the account holder.
4.2 In the event of an unscheduled loss of service exceeding 20 minutes in one monthly period (99.95% uptime), the account holder is only entitled to a pro-rated credit for the length of the outage. Such credits must be requested by the customer and can only be granted if the problem occured with PixelGate equipment or services for which PixelGate has administrative control. So called "upstream network" issues are not considered an outage for these purposes.
4.3 The account holder also acknowledges that the information available through the interconnecting networks may not be accurate or always available. PixelGate has no ability or authority over the material. PixelGate can make no warranty of any kind, either expressed or implied, regarding the availability, quality, accuracy, or validity of the data and/or information residing on or passing through these networks. Use of information obtained from or through PixelGate services is at the risk of the account holder.
4.4 The account holder agrees to indemnify and hold PixelGate harmless from any claims, including attorney's fees, resulting from the account holder receiving PixelGate services which cause direct or indirect damage to another party.
5.0 Payment Of Fees And Penalties
5.1 The PixelGate billing cycle is monthly, starting for each user respectively from the day their account is activated, and continuing for one month, unless otherwise arranged or prorated to a beginning of the month billing cycle.
5.2 PixelGate user accounts which are pre-paid to take advantage of term discounts are non-refundable in the event of account cancellation.
5.3 Delinquent accounts are those that are unpaid after the due date, or those whose payments are refused by the account holder's credit card company or bank.
5.4 Accounts that are delinquent are put on "accounting lock" and may not be used. PixelGate accounts continue to accrue charges while they are locked.
5.5 Accounts that are on accounting lock will only be "unlocked" after the PixelGate Accounting department has cleared the account and the account is paid in full. Accounts will only be unlocked during the hours of 9am-5pm Monday-Friday, Pacific Time, excluding holidays.
5.6 The account holder acknowledges full responsibility for the account until payment in full is made.
5.7 Administrative fees for such services as toll free (800) service, account changes or custom programming will be assessed automatically upon completion of the administrative service requests. The account holder will be notified beforehand if such a charge is deemed necessary.
6.0 Account Cancellations
6.1 Cancellation requests for PixelGate accounts must be received via acknowledged email or in writing via postal service at PixelGate's main office 30 days prior to said cancellation. Such requests must be received before the billing recycle day at which the customer's account would normally cycle in order to be processed so that the customer is not billed for the next usage period.
6.2 All PixelGate accounts must be paid in full before the transaction will be considered complete.
6.3 Inactive mailboxes not checked in over 6 months time will be changed so that no additional email may be received. Existing mail can be checked during a hold period of 90 days, however new mail can not be received. If the customer wishes to fully reactivate the account, he/she must contact Pixelgate. If after the hold period of 90 days, Pixelgate is not contacted, the account mailbox will be deleted.
7.0 Abuse Of Services
7.1 Any use of PixelGate system resources that disrupts the normal use of the system for other PixelGate users is considered to be abuse of system resources and is grounds for administrative intervention, including account suspension. Examples of system misuse can include, but are not limited to, the following: Violation of PixelGate's published usage limits, such as the continuous online time limitation, multiple logins or using Personal World Wide Web Pages for commercial purposes. Running automation programs (commonly called "bots") on PixelGate's server systems and/or other server systems through PixelGate's dialup access links. Leaving unattended systems online for other's use. Sending unwanted or large amounts of unwanted e-mail messages, posting commercial advertisements in USENET newsgroups, or making large numbers of article posts to inappropriate newsgroups (behavior commonly referred to as "spamming") through PixelGate electronic mail or USENET news servers, Use of profanity, sexually explicit language, or sexually explicit material on World Wide Web homepages stored in a PixelGate user account, or in electronic mail stored or transmitted through PixelGate computer systems. Use of copyrighted materials without permission of the copyright holder on World Wide Web homepages stored in an PixelGate user account.
7.2 Modification, alteration, reverse engineering, decompilation, dissasembly or creation of derived works based on PixelGate's installation software or associated setup utilities is an abuse of PixelGate services.
7.3 Depending on the nature and the severity of the abuse, the user may receive an E-mail warning or, if severe enough, have their account suspended by PixelGate Technical Support without prior notice. If the misuse is unintentional, the suspension may be rescinded at the discretion of PixelGate's Technical Support Manager.
7.4 Violations of any of the PixelGate conditions of use are unethical and may be criminal offenses. When PixelGate becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further unauthorized activity, PixelGate may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at PixelGate's discretion.
8.1 Pixelgate considers your privacy to be important. The purpose of this policy is to make sure you understand the information we may collect about you and what we do with it.
8.3 Collection of information about you by Pixelgate. When you register to use a Pixelgate service, we may ask you (or you may be asked by prompts from the web site, for example), to provide or we may collect from you the following kinds of information:
Your Name, address (including your e-mail address), telephone numbers, levels of service.
When this information is used in a manner that identifies you, this information shall constitute "Personal Information". When this information is used ina manner that does not identify you, this information shall constitute "Statistical or Aggregated Information". Federal law allows Pixelgate to collect Personal Information from or about you using the Pixelgate service without your consent in order to: (i) obtain information necessary to render the Pixelgate service to you (ii) to detect unauthorized reception of service. Pixelgate may collect other Personal Information from you with prior written or electronic consent.
8.4 Use of Personal Information by Pixelgate. Pixelgate uses Personal Information for legitimate business activities related to the provision to you of a Pixelgate service, including, without limitation, to bill you for Pixelgate services, for accounting or tax purposes, to detect unauthorized use of a Pixelgate service, violation of the Pixelgate AUP, or violation of law, and for mailing or sending promotional material or information to you about products and services.
8.5 Security Measures. Pixelgate will implement reasonable security measures to protect Personal Information from unauthorized access.