PX Media, Inc. – Web Hosting Service Contract

By Hosting with PX Media, you must agree to this Service Contract. If you disagree, you should not Host with us

1.USER CONDUCT:

PX Media, Inc. prohibits the use of its web hosting services for any unlawful purposes, which includes, but is not limited to, the posting or transmission of any data that violates any state, federal or international laws, data which is threatening, obscene or defamatory, any data which is the property of a third party and is protected by copyright, trade secret, intellectual property patent laws or export control laws.

2. INDEMNIFICATION:

You at this moment agree to indemnify, defend, save, and hold harmless PX Media, Inc. from any demands, liability, penalties, losses, damages, costs, claims, expenses, attorneys’ fees asserted against PX Media, Inc., its agents, its customers, officers, and employees, that may arise or result from any service provided or performed or agreed to be performed or causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, PX Media, Inc., or any other party or parties without limitation or exception.

3. REFUSAL OR DISCONTINUANCE OF SERVICE:

You at this moment agree that any termination or refusal shall not constitute a breach of contract or be used as the basis for any other claims, financial or otherwise, against PX Media, Inc. by you, and you agree to indemnify and hold PX Media, Inc. harmless from any claims by third parties resulting from your use of our Pasadena web hosting services. *At no time will refunds be given unless under a separate contract. If you decide to cancel your service, you must pay any unpaid invoices due within the following 25 days. Clients demanding an annual billing cycle are still liable for the remaining term. (No refunds will be given).

PX Media, Inc. may elect at its sole discretion to monitor some or none of your web activities for adherence to this agreement. At all times, PX Media, Inc. reserves the right to terminate this agreement and refuse to provide further service to anyone it determines is in violation or may violate any law.

4. DATA ENCRYPTION:

Although PX Media, Inc. provides encrypted data through its secure servers via industry-standard methods, PX Media, Inc. assumes no responsibility for the effectiveness of any encrypted data, nor will PX Media, Inc. guarantee that an encryption algorithm will be indecipherable, and data visibly transmitted. PX Media, Inc. makes no claims or warranties regarding the viability, integrity, or invincibility of the encryption used, nor will PX Media, Inc. accept responsibility for the success or failure of the secure server to encrypt data properly. Therefore, by using PX Media, Inc.’s secure server and being charged for its use, you assume any risks that the encryption may be decipherable.

5. NOT TRANSFERRABLE:

You agree that the PX Media, Inc. web hosting service is not transferable. Whoever activates and pays for the account is responsible for that account.

6. ECPA NOTICE:

PX Media, Inc. reserves the right to monitor any communications through or with our facilities. You agree that PX Media, Inc. is not considered a “secure communications medium” for the ECPA and that no expectation of privacy is afforded.

7. ACCOUNTING:

PX Media, Inc.’s billing cycle begins when you receive an email confirming that your website has become available for access over the Internet. The first month (and all months of service) is payable in advance, including any set-up fees. Your credit card will be charged 1-5 days before the account becomes due. We also may use PayPal for billing. Invoices are sent out via email. The invoice is due once received.

If the account is not paid within seven days after payment is due, access to the account may be blocked, and the website may be taken offline. No data will be deleted. However, no backup of it will be provided (it is the user’s responsibility to have a local copy of their website) unless a backup restoration fee of $135 is provided.

Any such termination or interruption does not relieve you from paying the overdue amount plus any interest, and in the event of collection enforcement, you shall be liable for any costs associated with such collection, including legal costs, attorney fees, court costs, or collection agency fees. Any returned checks due to insufficient funds and credit card chargebacks are subject to a $35.00 fee and will place your account in default, and service will be terminated immediately.

Payment dates will be sent to the contact email addresses you provide to PX Media, Inc. (via the order process or the control panel’s email section). It is not PX Media, Inc.’s responsibility if you do not receive or read that email due to circumstances beyond our control. Payment reminder emails are sent on different dates to ensure you receive them.

An example: if you opened your account on March 18th, your account becomes due on March 30th if you paid for one month of service, with your payment date being April 1st.

PX Media, Inc. reserves the right to change the rate of this service by giving thirty (30) days notice before the effective date of the new rate. You may cancel this Agreement by providing thirty (30) days prior written notice to PX Media, Inc.

PX Media, Inc. reserves the right to modify these policies anytime. All clients will be notified of such changes before they take effect. We are not responsible for any typographical or translation errors.

It is not PX Media, Inc.’s responsibility if you do not receive the “Welcome Letter” email due to any circumstances beyond our control.

8. IDENTIFICATION INFORMATION:

You agree that you, as the person legally responsible for using this account, are at least 18 years of age. You agree to supply PX Media, Inc. with the correct information for our records, and you will need to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us and agree that we must fully investigate any possible fraudulent credit card use.

9. CONFIDENTIALITY OF PASSWORD:

You are responsible for maintaining the confidentiality of your password and are liable for any harm from disclosing or allowing disclosure of any password or from use by any person of your password to gain access to your account.

10. BACKUP OF DATA and DATA LOSS POLICY:

You are responsible for backing up your data, files, e-mail, and other information that PX Media, Inc. holds in computer storage. However, PX Media, Inc. shall take reasonable measures to protect such information and undertake measures to protect it. PX Media, Inc. reserves the right to extirpate, delete, and obliterate all of your data, files, e-mail, and other information that PX Media, Inc. holds in computer storage once your account has been terminated, for any reason, by either party.

PX Media, Inc. is not responsible for any data loss and damages that can be incurred due to such event. This includes data loss caused by the user, lack of caution by the user (i.e., leaving your password written down where others can see it, logging in, and deleting/stealing your data), hardware/software/human error, or a server security breach. PX Media, Inc. is *very* strict about server security, which we monitor constantly. We are also very good at maintaining hardware in optimum conditions thanks to our years of extensive experience in the server hardware industry.

WARNING

PX Media, Inc. is not responsible for any losses caused by the termination of an account.

FACT OF LIFE: most web hosts pay no attention to server security and constantly have security breaches. We know this due to experience with other web hosts and their systems (especially with major web hosts). Most don’t apply security patches and use default operating system installations (!!!). Some leave ports open, unnecessary services running, etc. This is not the case with PX Media, Inc.. However, we can’t guarantee 100% foolproof security (actually, no one can guarantee you such a thing) since, as you might know, security bugs constantly appear on all operating systems before solutions to them are available.

PX Media, Inc. reserves the right to modify these policies anytime. All clients will be notified of such changes before they take effect. We are not responsible for any typographical or translation errors.

11. NO WARRANTIES:

PX Media, Inc. provides the services “as is” without warranty of any kind. If PX Media, Inc. provides you with products in conjunction with other services, PX Media, Inc. also provides those products “as is” without warranty of any kind, whether express or implied. PX Media, Inc. disclaims all implied warranties, including the implied warranties of merchantability or fitness for a particular purpose. In no event shall PX Media, Inc. be liable for any direct, consequential, loss of profit, special, exemplary, or punitive damages, even if PX Media, Inc. has been advised of the possibility of such damages that you incur from the usage of information obtained over the internet. Notwithstanding anything here to the contrary, PX Media, Inc. shall not be liable for any claim brought by the Reseller for any amounts over the aggregate of the amounts paid by the Reseller or Reseller’s customers during the 12 months before the date the cause of action arose.

Note: No guarantee and natural disasters or provider problems.

12. DISCLAIMER:

PX Media, Inc. will not be responsible for any damages your business may suffer. PX Media, Inc. makes no warranties or guarantees of any kind, expressed or implied, for our services. PX Media, Inc. disclaims any warranty, merchantability, or fitness for a particular purpose. This includes data loss resulting from delays, non-deliveries, wrong delivery, and any interruptions caused by PX Media, Inc. and its employees. PX Media, Inc. reserves the right to revise its policies anytime.

13. DAMAGE OR LOSS OF INCOME OR PROFITS:

PX Media, Inc. will not be held liable for any damages or loss of income or profits resulting from:

The use of its service by you or a third party;
Service interruptions caused by its negligence, or your negligence, or any other errors or omissions;
Service interruptions caused by acts of nature or acts of God, or power or line failures;
Any loss of data/files caused by delays, non-deliveries, or wrong deliveries;

PX Media, Inc. is not responsible for the content, accuracy, or quality of information obtained through its service or information hosted on its web servers.

14. PRIOR AGREEMENTS:

This Agreement supersedes all previous representations, understanding, or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted.

15. APPLICABLE LAW, JURISDICTION, AND SERVICE:

This agreement shall be governed by the laws of the Commonwealth of Los Angeles, CA. and the United States of America. Suppose any part of this Agreement is held to be invalid, illegal, or unenforceable. In that case, the validity, legality, or enforceability of the remainder of the Agreement will not be affected or impaired.

Regardless of the place of signing this agreement, the client agrees that for purposes of venue, this contract was entered into the Commonwealth of Los Angeles, CA., and any dispute will be litigated or arbitrated in the courts of Los Angeles, CA., USA. Furthermore, the defendants waive all objections to the venue and acknowledge that the venue in any such litigation will be held in the Commonwealth of Los Angeles, CA.’s courts. IN NO EVENT SHALL PX Media, Inc’S MAXIMUM LIABILITY EXCEED TWO HUNDRED ($200.00) DOLLARS.

ALL CLIENTS OF PX Media, Inc. MUST ADHERE TO THE ABOVE POLICIES.

FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.

PX Media, Inc. reserves the right to modify these policies at any time. All clients will be notified of such changes before they take effect. We are not responsible for any typographical or translation errors.

HOSTING SERVICE CHANGES.

Need to upgrade you hosting package?

PX Media now offers many managed hosting packages for WordPress sites. (Also Multisite).
See all our secure managed Hosting Packeges here.