terms of service

Last Updated: May 1, 2007

All services provided by PrimePixel Pty. Ltd. (hereinafter, PrimePixel) are 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, Australia.

content

Transmission, storage, or presentation of any information, data or material 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 limited to):

• 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 suspended.

Housing of any of the following is considered a violation of the 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 personal or business use. Files with references to any proxy or likeness thereof are prohibited.

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 information
• 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

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 hosting refund.

Accounts terminated due to a violation of these Terms of Service are not eligble for refunds, although refunds will be considered on a case-by-case basis.

limitations on use

Any account using excessive server CPU or memory, the definition of which is at PrimePixel' sole discretion, can be suspended and/or terminated.

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 throttling.

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 disabled 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.

general

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 terms.

Anything not listed in the Terms of Service is open to interpretation and change by PrimePixel administrators without prior notice.

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.

remedy

You agree that your sole and exclusive remedy to any issues relating to our services is to discontinue using the Service.