terms of service
Last Updated: May 1, 2007
All services provided by PrimePixel Pty. Ltd. (hereinafter,
to be used for lawful purposes only. Those utilising
PrimePixel's services, hereinafter called the "Subscriber" or "Subscribers", agree to the terms
and conditions set out in this
document. The Subscriber agrees that this document will, at all
times, be interpreted relative to the laws of
New South Wales,
Transmission, storage, or presentation of any information, data or
in violation of any Australian Federal, State or Local law
or the laws of any other relevant jurisdiction, is prohibited. This
includes, but is not limited to:
- copyrighted material for which you do not have a license or other
sufficient permission for use. This restriction does not apply to
content used under fair use or other related doctrines.
- material we judge to be threatening or obscene, or material that
jeopardises national security.
Also prohibited is material protected by trade secret or other laws
or agreements, for which you do not have express authorisation to
access or otherwise use.
The subscriber agrees to indemnify and hold harmless PrimePixel from
any claims resulting from the subscriber's use of PrimePixel
services which damages the subscriber or any other party.
Note: Pornography and sex related merchandising are expressly
prohibited on any PrimePixel server. This includes sites that may
imply sexual content, or link to adult content elsewhere. Also
expressly prohibited are any sites that promote any illegal activity
or content that may be damaging to PrimePixel servers or any other
server on the Internet. Links to such materials are also prohibited.
Further examples of prohibited content or links include (but are not
- Pirated software
- Hacking programs or archives
- Warez Sites
- Distibution of music files, video files, or any other material in
which the account holder does not own the copyright.
- Adult Sites
- Game Servers (dedicated game server programs), unless prior
permission has been obtained from PrimePixel.
- PrimePixel will be the sole arbiter as to what constitutes a
violation of these content provisions. Content that does not meet
these standards will be removed without prior notice to the
Subscriber, and may result in the Subscriber's account being
Housing of any of the following is considered a violation of
terms of service:
IRC - We currently do not allow IRC servers, Egg Drops, BNC, or IRC
bots to be operated on our servers or network. Files with references
to any of the above listed types of IRC software or any likeness
thereof are prohibited. Also, any program that acts like an IRC
server or that provides chat functions that run as background
processes are prohibited.
Proxies - We do not allow proxy servers of any kind, whether for
or business use. Files with references to any proxy or
Port Scanning - We do not allow any kind of port scanning to be done
on or from our servers or network.
Commercial Advertising - Email: Spamming, i.e. the sending of
unsolicited email, from any PrimePixel server or any server located
on the PrimePixel network is STRICTLY prohibited. PrimePixel will be
the sole arbiter as to what constitutes a violation of this
provision. In addition to termination of any account found to be in
violation there will also be a $100 penalty applied for every valid
spam complaint processed by PrimePixel staff.
PHP Shell - PHP Shells or any likeness thereof are prohibited. Files
with any reference to PHP Shells or likeness thereof are prohibited.
Server Abuse - Any attempts to undermine or cause harm to a
PrimePixel server or subscriber of PrimePixel is strictly prohibited
including, but not limited to:
- Logging into a server or account that you are not authorised to access
- Accessing data or taking any action to obtain services not intended
for you or your use
- Attempting to probe, scan or test the vulnerability of any system,
subsystem or network
- Tampering, hacking, modifying, or otherwise corrupting or breaching
security or authentication measures without proper authorisation
- Transmitting material that contains viruses, Trojan horses, worms,
time bombs, cancelbots or other computer programming routines or
engines with the intent or effect of damaging, destroying,
disrupting or otherwise impairing a computer's functionality or the
operation of the System
- Interfering with, intercepting or expropriating any system, data or
- Interfering with service to any user, host or network including,
without limitation, by means of overloading, "flooding," "mailbombing," or purposely "crashing" any computer system
You will be held responsible for all actions performed by your
account whether it be done by you or by others.
scheduled maintenance and downtime
PrimePixel will use its commercially reasonable efforts to provide
services at all times. Subscriber acknowledges that from time to
time the services may be inaccessible or inoperable for various
reasons, including periodic maintenance procedures or upgrades
("Scheduled Downtime"); or service malfunctions, and causes beyond
PrimePixel's control or which are not reasonably foreseeable by
PrimePixel, including the interruption or failure of
telecommunications or digital transmission links, hostile network
attacks, network congestion or other failures. PrimePixel will
provide at least 48 hours advance notice to the subscriber for
Scheduled Downtimes, and will use commercially reasonable efforts to
minimize any other disruption, inaccessibility and/or inoperability
of its web servers. PrimePixel has no responsibility for downtime
resulting from a user's actions.
Refunds will be posted for complete months only, on a pro-rated
basis. Notice of intent to cancel account must be given prior to the
commencement of the billing period in question, and at least ten
days prior to the billing date. Setup fees are non-refundable after
any initial "free trial" period is completed. Early cancellation of
any plan which offers a free domain name registration will result in
the retail cost of the domain registration being deducted from any
Accounts terminated due to a violation of these Terms of Service are
not eligble for refunds, although refunds will be considered on a
limitations on use
Any account using excessive server CPU or memory, the definition
which is at PrimePixel' sole discretion, can be suspended and/or
Any account that uses excessive amounts of bandwidth can and will be
subjected to bandwidth throttling. Such will only occur during
instances when hourly traffic exceeds 2% of the total monthly
transfer allocation of the account, except in extreme circumstances
(i.e. when the traffic seriously degrades other Subscribers' system
use), where we retain the right to engage in emergency bandwidth
Background Processes. Any processes which potentially breach
security or may otherwise disrupt network services can be
terminated, and the associated account suspended, at PrimePixel's
sole discretion, and without limiting the applicability of any other
of these Terms of Service.
account setup, termination, and billing:
Disabling of accounts due to overdue payment: Accounts can be
at PrimePixel's discretion if payment is not received
within 15 days of the invoice date. If your account has been
disabled, you may be charged a reconnection fee of up to $20.
Termination of accounts due to overdue payment: If the account is
not paid within 30 days of the invoice date, the account will be
terminated and all information within the account will be deleted.
Cancellation Procedure: Valid proof of account ownership will be
required to terminate an account. This includes, but is not limited
to, billing information in the form of a partial credit card number
or other payment information, or the billing password. Non-secure
information, such as the contact email address or account billing
address, is not sufficient as a security verification. Termination
of account in a given month requires at least ten days notice prior
to that month's billing date, otherwise account termination and
billing termination will not take effect until the subsequent
month's billing date.
courtesy services for customers
PrimePixel carries out daily, weekly and monthly backups of customer
sites as a courtesy service, but customers are advised to keep their
own complete backups, especially of sensitive or valuable files.
Except when the Subscriber subscribes to a managed backup plan,
PrimePixel is not responsible for lost data regardless of the cause
of the loss.
limitation of damages
Recovery of damages from PrimePixel may not exceed the amount of
fees it has collected on the account.
Terms of Service are subject to change on seven (7) days written
notice. Written notice will be deemed to include notice sent by e-
mail to the primary e-mail address we have on file. This notice will
be deemed to take effect immediately upon it being sent by us;
successful delivery and/or receipt of such notice is the sole
responsibility of the subscriber.
These Terms of Service are a legally binding contract between the
subscriber and PrimePixel.
By opening an account, the subscriber agrees to the above-stated
Anything not listed in the Terms of Service is open to
interpretation and change by PrimePixel administrators without prior
All prices, with the exception of any money back guarantee, are
nonrefundable and nonnegotiable.
Any violation of these Terms of Service will result in termination
of the account. In these circumstances PrimePixel maintains the
right to terminate accounts without prior notification.
We reserve the right to remove any account, without stating cause,
with 30 days prior notice.
You agree that your sole and exclusive remedy to any issues relating
to our services is to discontinue using the Service.