Terms & Conditions

The use of services from No Half Pixels Ltd, LLC [hereafter referred to as "No Half Pixels Ltd"] constitutes agreement to these terms.

1.) Account Setup / Email on file 

We will setup your account after we have received payment and we and/or  our payment partner(s) have screened the order(s) in case of fraud. It  is your responsibility to provide us with an email address which is not @ the domain(s) you are  signing up under. If there is ever an abuse issue or we need to contact  you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address  on file is current or up to date at all times.  If you have a domain name registered with HostGator, it is your  responsibility to ensure that the contact information for your domain  account and your actual domain name(s) is correct and up-to-date. No Half Pixels Ltdg is not responsible for a lapsed registration due to outdated  contact information being associated with the domain. If you need to  verify or change this information, you should contact our sales team via  email. Providing false contact information of any kind may result in  the termination of your account. In dedicated server purchases or high risk transactions,  it will be necessary to provide government issued identification and  possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered  fraudulent in nature and be denied.

Transfers

Our transfers team will make every effort to help you move your site to  us. However, transfers are provided as a courtesy service, and we can not make  guarantees regarding the availability, possibility, or time required to  complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an  incompatible or proprietary format, which may make it extremely  difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a  transfer of data from an old host.
The free transfer services are available for 30 days from your sign  up date. Transfers outside of the 30 day free period will incur a  charge; please contact a member of the transfers department with  specific details to receive a price quote.

2.) Content 

All services provided by No Half Pixels Ltd may only be used for lawful purposes.  The laws of the United Kingdom apply.
The customer agrees to indemnify and hold harmless No Half Pixels Ltd from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is  prohibited. This includes but is not limited to unauthorized copying of  music, books, photographs, or any other copyrighted work. The offer of  sale of any counterfeit merchandise of a trademark holder will result in  the immediate termination of your account. Any account found to be in  violation of anothers copyright will be expeditiously removed, or access  to the material disabled. Any account found to be in repeated violation  of copyright laws will be suspended and/or terminated from our hosting.  If you believe that your copyright or trademark is being infringed  upon, please email contact@no-half-pixels.com with the information required. A  list of required information may be found 
here. If the request is of a licensing issue, we may require further documentation.

Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.

Examples of unacceptable material on all Shared servers include:
Topsites
IRC Scripts/Bots
Proxy Scripts/Anonymizers
Pirated Software/Warez
Image Hosting Scripts (similar to Photobucket or Tinypic)
AutoSurf/PTC/PTS/PPC sites
IP Scanners
Bruteforce Programs/Scripts/Applications
Mail Bombers/Spam Scripts
Banner-Ad services (commercial banner ad rotation)
File Dump/Mirror Scripts (similar to rapidshare)
Commercial Audio Streaming (more than one or two streams)
Escrow/Bank Debentures
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Sale of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Lottery/Gambling Sites
MUDs/RPGs/PBBGs
Hacker focused sites/archives/programs
Sites promoting illegal activities
Forums and/or websites that distribute or link to warez/pirated/illegal content
Bank Debentures/Bank Debenture Trading Programs
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
Mailer Pro
Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

No Half Pixels Ltd services, including all related equipment, networks and  network devices are provided only for authorized customer use. No Half Pixels Ltd  systems may be monitored for all lawful purposes, including to ensure  that use is authorized, for management of the system, to facilitate  protection against unauthorized access, and to verify security  procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for  authorized purposes. Use of No Half Pixels Ltd system(s) constitutes consent to  monitoring for these purposes.

Any account found connecting to a third party network or system  without authorization from the third party is subject to suspension.  Access to networks or systems outside of your direct control must be  with expressed written consent from the third party. No Half Pixels Ltd may, at  its discretion, request and require documentation to prove access to a  third party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that,  in our judgment, is obscene, threatening, illegal, or violates our terms  of service in any manner may be removed from our servers (or otherwise  disabled), with or without notice.
Failure to respond to email from our  abuse department within 48 hours may result in the suspension or  termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.

Sites hosted on No Half Pixels Ltd's service(s) are regulated only by U.K./U.S.  law. Given this fact, and pursuant to Section 230(c) of the  Communications Decency Act, we do not remove allegedly defamatory  material from domains hosted on our service(s). The only exception to  this rule is if the material has been found to be defamatory by a court,  as evidenced by a court order. No Half Pixels Ltd is not in a position to  investigate and validate or invalidate the veracity of individual  defamation claims, which is why we rely on the legal system and courts  to determine whether or not material is indeed considered defamatory. In  any case in which a court order indicates material is defamatory,  libelous, or slanderous in nature; we will disable access to the  material. Similarly, in any case in which a UK/US Court has placed an  injunction against specified content or material; we will comply and  remove or disable access to the material in question.
The language of Section 230(c) of the Communications Decency Act  fundamentally states that Internet services providers like No Half Pixels Ltd  and many of No Half Pixels Ltd's other webhosting services and brands are  republishers and not the publisher of content. Our service merely  provides a hosting platform and space on which to host content, and any  creation or publication of content on our services is the sole  responsibility of the third-party user which creates or publishes the  content. Therefore, No Half Pixels Ltd should not be held liable for any  allegedly defamatory, offensive or harassing content published on sites  hosted under No Half Pixels Ltd's webhosting service(s).
If in doubt regarding the acceptability of your site or service,  please contact us at contact@no-half-pixels.com and we will be happy to assist  you.
Potential harm to minors is strictly forbidden, including but not  limited to child pornography or content perceived to be child  pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Direct customers: Your services will be terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed  under your account are secure and permissions of directories are set  properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive  as possible. Users are ultimately responsible for all actions taken  under their account. This includes the compromise of credentials such as user name and password. It is required that you use a  secure password. If a weak password is used, your account may be  suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an  audit is performed, and your password is found to be weak, we will  notify you and allow time for you to change/update your password.

3.) Zero Tolerance Spam Policy 

We take a zero tolerance stance against sending of unsolicited e-mail,  bulk emailing, and spam. "Safe lists" and purchased lists will be  treated as spam. Any user who sends out spam will have their account terminated with or without  notice. Please read our generalized mail policy.

Sites advertised via SPAM (Spamvertised) may not be hosted on our  servers. This provision includes, but is not limited to SPAM sent via  fax, phone, email, instant messaging, or usenet/newsgroups. No  organization or entity listed in the ROKSO may be  hosted on our servers. Any account which results in our IP space being  blacklisted will be immediately suspended and/or terminated.
No Half Pixels Ltd reserves the right to require changes or disable as  necessary any web site, account, database, or other component that does  not comply with its established policies, or to make any such  modifications in an emergency at its sole discretion.
No Half Pixels Ltd reserves the right to charge the holder of the account used  to send any unsolicited e-mail a clean up fee or any charges incurred  for blacklist removal. This cost of the clean up fee is entirely at the discretion of No Half Pixels Ltd.

4.) Payment Information 

You agree to supply appropriate payment for the services received from No Half Pixels Ltd, in advance of the time period during which such services are provided. You agree that until and unless you notify No Half Pixels Ltd of your desire to cancel any or all services received, those  services will be billed on a recurring basis. This includes when  accounts are suspended. When an account's invoices are paid outside of  the 3 day grace period, invoices will not be automatically generated.  However, after the customer notifies No Half Pixels Ltd of his or intent to  resume service, invoices will be manually generated and payment expected  for the time the account was suspended.
Cancellations must be done in writing via the support ticket system provided. Once we receive your cancellation and have confirmed all  necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation  confirmation will contain a ticket/tracking number in the subject for  your reference, and for verification purposes. You should immediately receive an automatic "Your request has been  received..." email with a tracking number. An employee will confirm your  request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic  confirmation email within a few minutes after submitting your  cancellation, please contact us immediately.  We require that cancellations of service are done through the online tickets to (a) confirm  your identity, (b) confirm in writing you are prepared for all  files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious  requests, and ensures you are aware that the files, emails, and account  may be removed immediately after a cancellation request is processed.

As a client of No Half Pixels Ltd, it is your responsibility to ensure that  your payment information is up to date, and that all invoices are paid  on time.  You agree that until and unless you notify No Half Pixels Ltd of your desire to  cancel any or all services received (by the proper means listed in the  appropriate section of the Terms of Service), those services will be  billed on a recurring basis, unless otherwise stated in writing by No Half Pixels Ltd. No Half Pixels Ltd reserves the right to bill your credit card or  billing information on file with us. No Half Pixels Ltd provides a 3 day grace period from the time the invoice is  generated and when it must be paid. Any invoice that is outstanding for 3 days and not paid will result in a  late fee and/or an account  suspension until account balance has been paid in full. The late fee is applied in addition  to whatever else is owed to No Half Pixels Ltd for services rendered. Access to  the account will not be restored until payment has been received.

It is the customer's responsibility to notify our sales team via email here after paying for a domain renewal and to ensure the email is received  and acted upon. Domain renewal notices and invoices are provided as a  courtesy reminder and No Half Pixels Ltd cannot be held responsible for failure  to renew a domain or failure to notify a customer about a domain's  renewal.
Subsequently, domain renewals are billed and renewed 30 days before  the renew date. It is the customer's responsibility to notify our sales  team via email at 
sales@no-half-pixels.com for any domain registration cancellation. No refunds can be given, once  a domain is renewed. All domain registrations, and renewals are final.
Invoices that have been paid more than once with multiple Paypal  Subscriptions can only be added as credit towards the account and cannot  be refunded via Paypal. If you require assistance with this provision, please contact sales@no-half-pixels.com

No Half Pixels Ltd reserves the right to change the monthly payment amount and any other charges at anytime.

4b.) Chargebacks & None Payments 

Should a transaction become the result of a chargeback case, or full payment not be met on any service we reserve the right to suspend all products and services on file for a client.
Once a resolution has been made over a chargeback case or none payment we will reactivate services based on the following criteria:
Payment of the chargeback fee from payment gateway (if applicable)
Successfull Payment of the questioned funds (if the funds have in fact been credited back to the client)
Description of the factors which causes the chargeback or none payment (for us to improve our service and prevent the issue arising again)
We use multiple payment gateways and the description provided for a transaction on your back statement may not reflect our company. The transaction description may contain the gateway name, and/or the invoice details. Please review transactions throughly and also consider contacting us directly before performing a chargeback case.
As described above some gateways may charge for a chargeback to be investigated. Should the gateway do this we reserve the right to pass these fees to your account. And failure to pay will result in your services staying suspended indefinitely.

4c.) EU VAT Regulations

Effective as of January 1st 2015 VAT additions on digital goods must be charged as per the "purchaser location" and not as traditionally the "seller location". However these new guidelines are specifically for business to customer transactions. As a development company producing software goods for a business product we provide services on a business to business basis and as a result the new EU VAT guidelines don't apply.

All of our services and goods are strictly for business to business. If you are a none business entity and wish to purchase any of our goods please contact us before making any payments.

5.) Backups and Data Loss 

Your use of this service is at your sole risk. Our backup service is ran  on Sunday of each week, overwrites any of our previous backups made,  and only one week of backups are kept. This service is provided to you  as a courtesy. No Half Pixels Ltd is not responsible for files and/or data  residing on your account. You agree to take full responsibility for  files and data transferred and to maintain all appropriate backup of  files and data stored on No Half Pixels Ltd servers.

6.) Cancellations and Refunds 

No Half Pixels Ltd reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
Customers may cancel at any time via the client ticket system. No Half Pixels Ltd gives you an unconditional 30 day money back guarantee on  managed shared hosting solutions for any customer who paid  the first invoice with a credit card or with Paypal.
Cancellations requested after the initial 30 days for Shared hosting  accounts will go into effect on the renewal date for that  particular hosting package. Unless specifically requested, the account  will remain active until the period expires.  Any request for a refund  outside of the initial 30 day period will be given on a prorated basis  from when the refund was requested, if the account is eligible for a  refund.  Refunds are determined by the Cancellation agents at the time  the account is canceled.
The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:
Bank Wire Transfers
Western Union Payments
Checks
Money orders

There are no refunds on administrative fees,  install fees for custom software, or domain name purchases. Refund  requests for shared accounts after the initial 30 days will be refunded on a prorated basis of any unused time.
Only first-time accounts are eligible for a refund. For example, if  you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account  with us.
Violations of the Terms of Service will waive the refund policy.

7.) Resource Usage 

User may not:
 1) Use 25% or more of system resources for longer then 90 seconds. There  are numerous activities that could cause such problems; these include:  CGI scripts, FTP, PHP, HTTP, etc.
 2) Run stand-alone, unattended server-side processes at any point in  time on the server. This includes any and all daemons, such as IRCD.
 3) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
 4) Run any software that interfaces with an IRC (Internet Relay Chat) network.
 5) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
 6) Participate in any file-sharing/peer-to-peer activities
 7) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
 8) Run cron entries with intervals of less than 15 minutes.
 9) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
 10) When using PHP include functions for including a local file, include  the local file rather than the URL. Instead of  include("http://yourdomain.com/include.php") use include("include.php")
 11) To help reduce usage, do not force html to handle server-side code (like php and shtml).
 12) Only use https protocol when necessary; encrypting and decrypting  communications is noticeably more CPU-intensive than unencrypted  communications.


7a.) INODES

The use of more than 250,000 inodes on any shared account may  potentially result in a warning first, and if no action is taken future  suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage,  however databases will still be backed up. Every file (a webpage, image  file, email, etc) on your account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be  suspended; however, accounts that constantly create and delete large  numbers of files on a regular basis, have hundreds of thousands of  files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive  inodes seems to be due to users leaving their catchall address enabled,  but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually  pushing the account past our inode limit. To disable your default  mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user  here.

7b.) Backup Limit

Any shared account using more than 20 gigs of disk space will be removed  from our off site weekly backup with the exception of Databases  continuing to be backed up. All data will continue to be mirrored to a  secondary drive which helps protect against data loss in the event of a  drive failure.

8.) Bandwidth Usage 

You are allocated a monthly bandwidth allowance. This allowance varies  depending on the hosting package you purchase. Should your account pass the allocated amount we reserve  the right to suspend the account until the start of the next allocation,  suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher  level of package, terminate the account and/or charge you an additional  fee for the overages. Unused transfer in one month cannot be carried over to the next month.

9.) Money back Guarantee 

Each of No Half Pixels Ltd's managed shared servers carry a 30 day unconditional money back guarantee on them. If you are not  completely satisfied with our services within the first 30 days of your service,  you will be given a full refund of the contract amount. Remember, this  is only for monthly shared packages, administrative fees, install fees for  custom software, or domain name purchases.
No Half Pixels Ltd will not activate new orders or activate new packages for  customers who have an outstanding balance with No Half Pixels Ltd. For a new  order to be setup or a new package to be activated, you must have a  balance of $0.00, unless otherwise stated by No Half Pixels Ltd in writing.

10.) Uptime Guarantee 

If your shared server has a physical downtime that is not  within the 99.9% uptime you may receive one month of credit on your  account. Approval of the credit is at the discretion of No Half Pixels Ltd  dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of  factors including the monitor's network capacity/transit availability.  The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ  from the uptime reported by other individual services. To request a  credit, please contact contact@no-half-pixels.com with justification. All requests must be made in writing via email. Uptime guarantees only  apply to shared solutions.

11.) Shared Servers 

Shared accounts may not resell web hosting to other people.

12.) Price Change 

The amount you pay for hosting will never increase from the date of  purchase. We reserve the right to change prices listed on No Half Pixels Ltd,  and the right to increase the amount of resources given to plans at any  time.

13.) Coupons 

Discounts and coupon codes are reserved for first-time accounts *or   first-time customers* , or product specific only and may not be used towards the purchase  of a  domain registration unless otherwise specified. If you have  signed up  using a particular domain, you may not resign up for that  domain using  another coupon at a later date.  Any account found in  violation of  these policies will be reviewed by our sales  department and the  appropriate invoices will be added to the  account. Coupon abuse will  not be tolerated and may result in the  suspension or termination of the  account.  Coupons or discounts are only valid towards the initial  purchase, and do not affect the renewal or recurring price.

14.) Indemnification 

Customer agrees that it shall defend, indemnify, save and hold No Half Pixels Ltd  harmless from any and all demands, liabilities, losses, costs and  claims, including reasonable attorney's fees asserted against No Half Pixels Ltd, its agents, its customers, officers and employees,  that may arise or result from any service provided or performed or  agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and  hold harmless No Half Pixels Ltd against liabilities arising out of; (1) any  injury to person or property caused by any products sold or otherwise distributed in connection with No Half Pixels Ltd; (2) any material  supplied by customer infringing or allegedly infringing on the  proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from No Half Pixels Ltd's server.

14a.) Arbitration

By using any No Half Pixels Ltd services, you agree to submit to binding  arbitration. If any disputes or claims arise against No Half Pixels Ltd or its  subsidiaries, such disputes will be handled by an arbitrator of No Half Pixels Ltd's choice. An arbitrator from the American Arbitration  Association or the National Arbitration Forum will be selected in the state of Texas. Arbitrators shall be attorneys  or retired judges and shall be selected pursuant to the applicable  rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all  parties. The Federal Arbitration Act, and not any state arbitration law,  governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such  arbitration.

15.) Disclaimer 

No Half Pixels Ltd shall not be responsible for any damages your business may  suffer. No Half Pixels Ltd makes no warranties of any kind, expressed or implied for services we provide. No Half Pixels Ltd  disclaims any warranty or merchantability or fitness for a particular  purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions  caused by No Half Pixels Ltd and its employees.

16.) Disclosure to law enforcement 

No Half Pixels Ltd may disclose any subscriber information to law enforcement  agencies without further consent or notification to the subscriber upon  lawful request from such agencies. We will cooperate fully with law  enforcement agencies.

17.) Changes to the T&C 

No Half Pixels Ltd reserves the right to revise its policies at any time without notice.

18.) Contacting Us

No Half Pixels Ltd Provide a contact form for general communications, and a support ticket system for more in depth communication. For complaints and legal matters including but not limited to: billing terms, DCMA issues, Copyright Complaints, etc you can contact us by letter at the following address:
No Half Pixels
20 The Ridgeway
Sedgley
West Midlands
DY3 3UR
UK


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