Terms of Service

Content

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.

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. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography.

SPI reserves the right to require changes or disable as necessary any 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. SPI reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of SPI .

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 and pay the higher charge, 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. We reserve the right to cancel your hosting plan without prior notification at any time due to the non payment of your hosting account. 

Price Change

Subject to the 'Bandwidth Usage' clause above, the amount you pay for your hosting plan will not increase from the date of purchase. We reserve the right to change prices listed on www.pixsmart.com.au and the right to increase the amount of resources given to plans at any time.
 

Indemnification

Customer agrees that it shall defend, indemnify, save and hold SPI harmless from any and all demands, liabilities, losses, costs and claims, including reasonable lawyer's fees asserted against SPI, 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 SPI against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with SPI; (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 SPI's PixSmart Professional website or servers.

Arbitration

By using any SPI services, you agree to submit to binding arbitration. If any disputes or claims arise against SPI or its subsidiaries, such disputes will be handled by an arbitrator of SPI's choice. Arbitrators 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.

Disclaimer

SPI shall not be responsible for any damages your business may suffer. SPI makes no warranties of any kind, expressed or implied for services or products we provide. SPI 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 SPI and its employees.

Changes to these Terms Of Service

We reserve the right to revise our policies including these Terms of Service at any time without notice.