TOS

Terms Of Service

The following terms of service apply to all business relationships between the customer and HostPixal, following named as “us”. The governing law is that which was valid when the contract was put into effect.
Dissenting, conflicting or additional customer terms of service, even if acknowledged, are not part of the contract unless their validity is expressly agreed upon.

If the security of the power supply network or the maintenance of network integrity is at stake, we can temporarily restrict access to the service as required.

The services offered are those valid at the time of the order based on the offer information, the order form and the applicable monthly special offers.

Technical support services are not included in the offers. All offered services are self managed by the customer. This term apply for only VPS & Dedicated Servers

It is the customer’s responsibility to identify the internet content as their own or as third-party content.

The client undertakes not to publish content that may violate the rights of third parties or otherwise violate the THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA law. The placement of pornographic, extremist material or material not deemed in good taste is not permitted. We are entitled to block access to the account of any customer who violates this. The same applies in the event that the customer publishes content which is capable of violating the rights of individuals or groups of people, or that insults or denigrates these people. This applies even without an actual legal claim. We are not obligated to review our customer’s content.

The sending of spam mail is strictly forbidden. This includes in particular the sending of illegal, unsolicited advertising to third parties and spamvertising. With regards to the sending of emails, it is forbidden to provide false sender information or to conceal the identity of the sender by other means. We are entitled to block the access if this is not respected.

IRC scripts, eggdrops, bots, Bitcoin faucets
Proxy server scripts (also any other script which operates as proxy)
Mail bomber and spam scripts
IP spoofers and port scanners
Pirated Software or any form of warez
Image Hosting Scripts (like imgur or Photobucket)
AutoSurf site scripts
PPC site scripts
PTC site scripts
Bruteforce Programs or scripts
File sharing, dump and mirroring service scripts (like mega, rapidshare)
Top sites generator scripts
Illegal drug or any other substance or product not allowed to be sold in US or Contraband related sites
Sites distributing copyrighted content without proper licenses
Gambling sites
Hacker programs, credit card dumps, hacker focused sites
Forums distributing warez or any other illegal content
Fraudulent sites (fake banking services, fake login pages, any other site mining information in illegal ways)
Viruses, trojan horses, mass ping, ddos, udp or tcp flood scripts, or other kind of desctructive scripts
Adult content

For direct damages, secondary damages, servers going off-line or being unavailable for any reason whatsoever or lost profits due to technical problems and disturbances within the internet that are not in our sphere of influence, we assume no liability.

For indirect damages and loss of profits, we assume no liability.

If the customer’s web content is in violation of obligations, particularly in violation of legal prohibitions or morality, they shall be liable to us for all of the resulting direct and indirect damages, including property damage.

Violations of these Acceptable Uses Policies should be referred to abuse@hostpixal.com. All complaints will be investigated promptly.

Where not otherwise contractually agreed, the contracts are in place for an indefinite period of time.

Customer can revoke their contractual statement, with stating reasons, in the client area. The period of cancellation can be immediately or at the end of the billing period. A cancellation can only be done via the secure client area.

We are entitled to terminate the contractual relationship for good cause without notice or if customer ignores warnings about infringement of the requirements of section "Published Content". Another important reason that can result in blocking or termination without a notice may be that the customer uses content which affects the performance or the safety of the servers.

We reserve the right to terminate services at any point after customer invoice is overdue or payment is reversed, and we will not be responsible for any data loss due to termination.

Internet connection channel availability; Server hardware and virtualization platform availability.

SLA guarantee does not apply to:
*Customers managed software and operating system performance
*Scheduled maintenance
*Service malfunction due to client actions (DoS/DDoS)
*Service shutdown, when a customer does not pay on time or fails to comply with terms of the contract "Pubished Content".

In the unlikely event that we experience a network or hardware failure, we will credit your account with one day of service for every hour of downtime. Contact a member of our customer service team not later than 5 days to arrange the credit.

Shared Hosting :
HostPixal generates full backups of accounts every days which are not bigger than 5GB. If the account is bigger than 5GB, HostPixal reserves the right not to generate the backup automatically, however client may generate backups from his cPanel at any time regardless of the account size. HostPixal stores a single automatically generated backup of each account which is up to 5 days old and up to 5GB in size, older automatically generated backups of accounts are not stored. HostPixal is not liable for any loss of content if the backup has not been generated, it is the client's sole responsibility to protect the account data.

VPS Hosting:
The virtual server will be backed up regularly by us, as part of the offer. In the case of data loss not involved by us, the customer can restore data by ordering backup restoration service within the client area for USD 15 one time fee.
The customer will receive a unique password for security purposes. The client will be held liable for any malpractice resulting from the unauthorized use of the password. If the customer becomes aware that unauthorized third parties know the password, they must inform us immediately. In suspicious cases, the client is able to request a new password which we then provide him.

Dedicated Servers:
HostPixal is not take any backup files from our side & not liable for any loss of content if the backup has not been generated from customer side, it is the client's sole responsibility to protect the account data.

Each account comes with its own cgi-bin. Client is free to use any CGI scripts you wish, however HostPixal reserves the right to disable any CGI script that effects normal server operation without prior warning.

If a payment on a client account is marked as fraudulent (such payments are reversed on the payment gateway), then HostPixal reserves the full right to stop any service provided to the client (including other accounts and other payments submitted by the same client) until the issues with the payment are solved. If the client refuses to solve issues with the payment which is marked as fraudulent HostPixal reserves the full right to delete all accounts and stop payment subscriptions provided to the client without any refund for security reasons.

Background daemons on shared hosting accounts in general are prohibited, we will consider requests on a one on one basis. If allowed extra charges will be assessed based on resources on system maintenance needed. Background programs on VPS & Dedicated servers are allowed and do not generate any extra charges in general.