Last updated: July 8, 2015
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the https://pixelatewp.com website (the “Service”) operated by ShiftWeb Solutions, LLC (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
ShiftWeb Solutions reserves the right to modify the Terms of Service without notice.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
The Service and its original content, features and functionality are and will remain the exclusive property of ShiftWeb Solutions, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ShiftWeb Solutions, LLC.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by ShiftWeb Solutions, LLC.
ShiftWeb Solutions, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that ShiftWeb Solutions, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless ShiftWeb Solutions, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
Limitation Of Liability
In no event shall ShiftWeb Solutions, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
ShiftWeb Solutions, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Georgia, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Hosting Terms of Service
ShiftWeb Solutions agrees to furnish services to the Subscriber, subject to the following Terms of Service. Use of ShiftWeb solutions’ service constitutes acceptance and agreement to ShiftWeb solutions’ Terms of Service.
Use of Services
You may use our services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of the United States or other jurisdictions. In order to access our services, you are required to provide current and factual identification, contact, and other information as part of the registration process. You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify ShiftWeb Solutions of any unauthorized use of your account or any other breach of security. ShiftWeb Solutions will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.
You are responsible for the actions of all users of your account and any data that is created, stored, displayed by, or transmitted by your account while using ShiftWeb Solutions. You will not engage in any activity that interferes with or disrupts ShiftWeb solutions’ services or networks connected to ShiftWeb Solutions.
You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that ShiftWeb Solutions will impose fees; and/or pursue civil remedies without providing advance notice.
Misuse of System Resources: Intentional misuse of system resources, including but not limited to employing programs that consume excessive network capacity, CPU cycles, or disk IO.
Spam and Unsolicited Bulk Email (UBE): ShiftWeb Solutions has a zero tolerance policy on spam, Junk E-mail or UBE. Spam, Junk-mail and UBE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested the message. UBE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of ShiftWeb Solutions whether or not the message actually originated from our network.
Mailing Lists: ShiftWeb solutions’ mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal of recipients with non-distribution in the future.
Access to Other Computers or Networks without Authorization: Attempting unauthorized and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.
ShiftWeb Solutions and the services it provides may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. ShiftWeb solutions’ services may not be used to facilitate infringement of these laws in any way.
Other Activities viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of ShiftWeb Solutions or ShiftWeb solutions’ customers.
Providing False Data on any Contract or Application: including fraudulent use of credit card numbers.
ShiftWeb Solutions does not prohibit the use of distributed, peer to peer network services such as Tor, nor does ShiftWeb Solutions routinely monitor the network communications of customer ShiftWeb Solutionss as a normal business practice. However, customers are responsible for the contents of network traffic exiting their ShiftWeb Solutions. Any usage that prompts the receipt of abuse complaints pertaining to violation of United States and/or international copyright law must be promptly discontinued to avoid service cancellation for violation of these terms.
Invoicing and Payment
You agree that ShiftWeb Solutions shall be permitted to charge your credit card on a monthly, annual, or other agreed upon basis in advance of providing services. Payment is due upon invoicing. Service may be interrupted on accounts that reach 10 days past due. Accounts that are not collectable by ShiftWeb Solutions may be turned over to an outside collection agency for collection.
Subscriber is aware that ShiftWeb Solutions may prospectively change the specified rates and charges from time to time.
ShiftWeb Solutions is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by ShiftWeb Solutions. Currency exchange settlements will be based on agreements between you and the provider of your credit card. Pro-rated credits are issued for unused services when customer retains any active service. Pro-rated refunds are issued if customer does not retain any active service and they are specifically requested via the cancellation form. All refunds are subject to a $5.00 service charge unless cancelling within the 7 day money-back guarantee period.
ShiftWeb Solutions provides a 99.9% uptime guarantee on all ShiftWeb Solutions hardware, and on network connectivity. In any given month, if your ShiftWeb Solutions is down for more than 0.1%, you may request a pro-rated credit for the down-time.
ShiftWeb Solutions, provides 24 x 7 technical support to our subscribers via our Support Ticket system. The following are our guidelines when providing support: ShiftWeb Solutions provides support related to your ShiftWeb Solutions virtual server physically functioning. ShiftWeb Solutions does not offer technical support for application specific issues such as application configuration, cgi programming, web or mail server configuration, or any other such issue. ShiftWeb Solutions does not provide technical support to your customers. Please feel free to check our Frequently Asked Questions, our Community Resources, post to our Community Forums, or ask for help in our IRC channel.
Account Cancellation or Suspension
ShiftWeb Solutions reserves the right to suspend network access to any customer if, in the judgment of the ShiftWeb Solutions network administrators, the customer’s server is the source or target of a violation of any of the other terms of service or for any other reason which ShiftWeb Solutions chooses. ShiftWeb Solutions will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference. ShiftWeb Solutions reserves the right to terminate service without notice for continued and repeated violations of the terms of service. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s machines were suspended.
If at any time it becomes necessary for ShiftWeb Solutions to cancel a customer’s service without cause, ShiftWeb Solutions will provide 30 days advance notice.
You may cancel the service at any time by contacting us. Accounts are canceled immediately after confirmation. Cancellation of service does not relieve Subscriber of responsibility for the payment of all accrued charges.
If ShiftWeb Solutions assigns Customer an Internet Protocol address for Customer’s use, the right to use that Internet Protocol address shall belong only to ShiftWeb Solutions, and Customer shall have no right to use that Internet Protocol address except as permitted by ShiftWeb Solutions in its sole discretion in connection with the Services, during the term of this Agreement. Our allocation of IP addresses is limited by ARIN’s policies. These policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses when the protocol supports name-based virtual hosts. What this means to you is that you MUST use name-based hosting where possible.
Limitation of Liability
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of ShiftWeb Solutions and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that ShiftWeb Solutions shall not be liable for any damages arising from such causes beyond the direct and exclusive control of ShiftWeb Solutions. Subscriber further acknowledges that ShiftWeb solutions’ liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall ShiftWeb Solutions be liable for any special or consequential damages, loss or injury. ShiftWeb Solutions is not responsible for any damages your business may suffer. ShiftWeb Solutions does not make implied or written warranties for any of our services. ShiftWeb Solutions denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by ShiftWeb Solutions.
Disclosure to Law Enforcement
The Terms of Service specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that ShiftWeb Solutions may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any court who sends us a valid Court Order, without further consent or notification to the Subscriber. In addition, ShiftWeb Solutions shall have the right to terminate all service set forth in this Agreement.
You agree that your use of ShiftWeb Solutions shall be at your sole risk. All services provided by ShiftWeb Solutions are available as is, without warranty.
ShiftWeb Solutions wishes to emphasize that in agreeing to the ShiftWeb Solutions Terms of Service, customer indemnifies ShiftWeb Solutions for any violation of the Terms of Service that results in loss to ShiftWeb Solutions or the bringing of any claim against ShiftWeb Solutions by any third-party. This means that if ShiftWeb Solutions is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against ShiftWeb Solutions, plus all costs and reasonable attorney’s fees.
You agree that ShiftWeb Solutions may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on ShiftWeb Solutions services.
The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and ShiftWeb Solutions and govern your use of ShiftWeb Solutions services, superceding any prior agreements between you and ShiftWeb Solutions for the use of ShiftWeb Solutions services.
Choice of Law and Forum
The Terms of Service and the relationship between you and ShiftWeb Solutions shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions. You and ShiftWeb Solutions agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Dekalb, Georgia.
Waiver and Severability of Terms
The failure of ShiftWeb Solutions to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the party’s intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of ShiftWeb Solutions services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If you have any questions about these Terms, please contact us.