Placing an order, purchasing, or using services or products created or provided by Pixel Brite Creations, Inc. (PixelBrite.com®) [hereafter referred to as "PixelBrite"] constitutes agreement to these terms of service and all other related policies and licenses referred to or referenced in these terms.

1) Account Setup / Email on file

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and may be denied.

Site Transfers

If you have paid for an assisted transfer addon, our team will make every effort to help you move your site to PixelBrite.com, however, we can not make guarantees of the transfer process. We can not make guarantees regarding its availability or the amount of time it may take as each host is configured a differently. We will try our best, however, in some cases we may be unable to assist you in a transfer of data from an old host.

Account Sharing

Your account at PixelBrite.com® and PixelBrite.com Client Corner™ are for individual use only or for company accounts. They may only be used by the individual signing up for the product/service and any contacts added in the profile manager. Certain content, downloads, and knowledgebase areas of PixelBrite.com are licensed and intended for clients only. Account sharing is not permitted which includes divulging login details to other individuals for login. Any accounts being shared or found to have an unusually high number of logins from regionally separated areas without first notifying Pixel Brite Creations, may have their account suspended and/or terminated.

Inactive Accounts

Accounts inactive without a current paid product or service may be closed—excluding paid download accounts.

2) Content

All services provided by PixelBrite may only be used for lawful purposes. The laws of the State of Florida, the State of Texas, and the United States of America apply.

The customer agrees to indemnify and hold harmless PixelBrite from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, art, graphics, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email Contact Us with the information required. The following is required information to include:

1. Identify in sufficient detail the copyrighted work that you are submitting a claim upon. You can include the original URL, the ISBN and title, or proof of the work (screenshots, titles, names)
2. Identify the material that you claim is infringing upon the rights of the IP OWNER.
3. Include examples whenever possible of both works, whether this be a print out attached in PDF, or a screenshot
4. Provide all necessary contact information for the IP OWNER [or both, you and the IP OWNER, if you are an agent of the IP OWNER]
5. Include a formal declaration and electronic or physical signature.

Example declaration:

===================
Formal Declaration
===================
I hereby state that [IP OWNER] is the owner of the exclusive rights referenced above and that I am authorized to act on its behalf. On behalf of [IP OWNER], I hereby state that I have a good faith belief that use of the content in the manner complained of is not authorized by [IP OWNER], its agents, or the law.

I, [NAME], hereby digitally sign this e-mail message under penalty of perjury under the laws of the United States of America with the additional statement under penalty of perjury that the information in the notice is accurate. ===================

If the request is of a licensing issue, we may require further documentation.

Examples of Unacceptable Material

Using an account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account.

Examples of unacceptable material on all hosting servers include:

Pornography, IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez or pornography content are prohibited.

Examples of unacceptable material on Dedicated servers include:

Pirated Software / Warez, Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, hate sites, pornography sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez or pornography content are prohibited.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via support ticket and will have a response within 48 hours.

If in doubt regarding the acceptability of your site or service, please contact us at Contact Us and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to pornography or content perceived to be pornography and child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Violations will be reported to the appropriate law enforcement agency. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

3) Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

PixelBrite reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

PixelBrite reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of PixelBrite.

Mailing Policy and Limits

Limits

There is a 500 hourly email limit per domain. This limit is also applied towards mailman and scripted email solutions. If this amount is exceeded within an hour the e-mails will bounce back with a undeliverable error.

Many of our servers have a 60 pop checks per hour limit per e-mail address.  If this is exceeded you will receive a wrong password error message indicating an incorrect login. Solution: wait an hour for an automatic unlock. Ensure that auto-checking is set above 10 minutes to prevent this issue.

Any mailing list larger than 5,000 will require a semi dedicated or dedicated hosting solution from us. Note: dividing one large list into smaller lists to get below this limit is not allowed.

Mailing Lists Rules

1. Anytime you're sending a message no matter how large your e-mail list is you must throttle it.  Throttle to 1 email every 6 seconds. Software that does not permit throttling will not work properly. PHPLIST is recommended and is provided free with your control panel (c-Panel) under Fantastico. Without throttling, your software will request the server to send all emails instantly. This will cause high server load, degrading server performance system wide until the process is completed. Causing the server to be over-stressed with a high load is cause for account suspension or termination. Also, the process will be terminated. If you choose not to throttle your scripts and mailing initiatives the server will be stressed or crash. This is cause for account termination.
2. Mailing lists exceeding 850 emails can only be sent during off-peak hours to prevent high server loads. Off peak hours include all day Saturday and Sunday, and 2am - 7am eastern time Monday through Friday.
3. You may not mail to a purchased lists, lists obtained illegally, or lists you did not personally create through known contacts. Doing so is considered spamming. The recipient never agreed to you personally sending them mail which is a violation of our terms. ANY spam and will result in the termination of the offending account.
4. Any unsolicited e-mail being sent will result in termination of the offending account. We have a zero tolerance policy regarding spam and unsolicited e-mail.
5. Any mailing list MUST comply with all guidelines set forth by the United States. These can be found at: http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.htm
6. No Direct SMTP mailers are allowed. An example of this is DarkMailer. Any mail should be relayed through the local MTA (localhost:25) for further delivery by the server and not done directly by scripts.

4) Payment Information

You agree to supply appropriate payment for the services received from PixelBrite, in advance of the time period during which such services are provided. You agree that until and unless you notify PixelBrite of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Cancellations must be done in writing via the cancellation form for your service which is located by viewing the details of your hosting package in My Hosting. This policy protects you and PixelBrite from unauthorized and malicious attempts to cancel clients hosting plans. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account has been canceled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately to ensure the cancellation went through properly.

As a client of PixelBrite, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. PixelBrite provides a 15 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 15 days and not paid will result in a 15% late fee and/or an account suspension until the account balance has been paid in full.

Invoices that have been paid more than once with multiple payments can only be added as credit towards the account and cannot be refunded. If you require assistance with this provision, please Contact Us

PixelBrite reserves the right to change the monthly payment amount and any other charges at anytime.

5) Backups and Data Loss

Your use of the service is at your sole risk. PixelBrite is not responsible for files and/or data residing on our servers, or relating to your account. You agree to take full responsibility for files and data transferred to PixelBrite servers and to maintain all appropriate backup of files and data stored on PixelBrite servers.

In the event of data loss, it is your responsibility to restore your files, email accounts, databases, and other domain related information. Backup utilities are provided as part of your CPANEL account. PixelBrite also offers a variety of backup solutions as addons to your hosting service.

6) Cancellations and Refunds

PixelBrite reserves the right to cancel an account at any time without notice.

Software downloads are non-refundable and non-transferrable.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

Cancellations must be done in writing via the cancellation form located by navigating to your Products and Services and selecting the view details of your hostin plan. This policy protects you and PixelBrite from unauthorized and malicious attempts to cancel clients hosting plans. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account has been cancelled. If you do not hear back from us or receive an e-mail confirming this cancellation, please open a Billing Support Ticket.

Product Features Adjustment Guarantee

We want you to be pleased with your purchase and the price you pay. Within the first 90-days of your new hosting package, if we make adjustments to the product features of a package comparable to yours, and the changes increase the limits or 'value' of the package, we will provide you with a free courtesy upgrade. Please open a Billing Support Ticket to request the adjustment.

Non-Refundable Payments

The following methods of payment are non-refundable, and refunds will be posted as credit to the hosting account:

• Bank Wire Transfers
• Western Union Payments
• Checks
• Money orders

There are no refunds on professional design and technical services, software, dedicated servers, administrative fees, install fees for custom software, domain  name purchases, SSL certificates, IP Addresses. There are also no refunds on artwork, ad work, printing, deposits, web design, and other professional services and addons.

Hosting Refunds

Hosting is a contract-free subscription provided for specific time durations with the service expiring after the allotted time. Customers purchase blocks of time as subscriptions that expire and/or are cancellable monthly. There are no refunds for hosting plans and subscriptions. Because there is not a contract, canceling your service will terminate the subscription at end of current billing cycle.

Canceling Annual Hosting Plans or Subscriptions will stop the service after the plan has expired. Hosting plans are a non-contract product for a set duration of time and this product is non-refundable. PixelBrite.com® extends many value-added benefits to customer packages and annual subscriptions which are instantly realized upon completing a purchase with value recovery not possible in a refund process. Included benefits such as domain names, monthly fee reductions and discounts, service discounts/inclusions, ip addresses, and other valuable addons have been included in Annual Plans and Monthly Subscriptions. Our annual RedHost™ plans coupled with PixelBrite® Pro Advantage™ Member Benefits extend valuable savings to clients which are for annual plans and subscriptions only. Domain names, hosting plans and all associated benefits remain yours for the duration of the paid-service, even if canceled. Value recovery is not possible or attempted. For example, the customer retains ownership of domain names included with packages.

Our refund policies protect PixelBrite.com from unscrupulous entities which take advantage of annual pricing from hosting companies to setup  temporary spam-shops and other 'gray-area' businesses and shortly after request cancellation and refunds. Eliminating this abuse helps keep our pricing as low as possible for our customers.

Violations of the Terms of Service will waive any applicable refund policy.

7a) Resource Usage

User may not:

• Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
• Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
• Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
• Run any software that interfaces with an IRC (Internet Relay Chat) network.
• Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
• Participate in any file-sharing/peer-to-peer activities
• Run any gaming servers such as counter-strike, half-life, battlefield1942, Battlefield2
• Run cron entries with intervals of less than 15 minutes

When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")

7b) INODES

The use of more than 45,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 45,000 inode limit will automatically be removed from our backup system to avoid overusage. Every file (a webpage, image file, email, script, css, etc) on your account uses up 1 inode.

Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension.

The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit.

To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here. If using cPanel x3 skin, the process is similar with steps that are self-explanatory by selecting a radio button.

8) Hosting Bandwidth & Disk Usage

You are allocated a monthly bandwidth and storage allowance as part of your hosting service. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused bandwidth in one month cannot be carried over to the next month.

Overages

OVERAGE BILING: Any account that exceeds package limits in a given month will be invoiced for the overages in bandwidth and/or storage. The rates for these overages vary with each hosting package and we reserve the right to adjust these rates at anytime without notice. You may request current overage rates through our Billing Support Department. Automatic account suspension for exceeding package limits has been switched to the above overage billing policy to ensure client services and hosting remain uninterrupted.

9) Dedicated Servers

PixelBrite reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. PixelBrite reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the most simple solution. Please Contact Us if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.

10) Price Change

The amount you pay for hosting will not be subject to review for a price change for a period twelve (12) months from the date of initial purchase. After twelve months, your pricing and hosting plan may be adjusted to the current pricing and hosting packages PixelBrite has established. We will always make every effort to place you into a package which maintains a close fit to your current pricing and package features. We reserve the right to change prices listed on PixelBrite.com, and the right to increase the amount of resources given to plans at any time.

11) Software License Agreement

By Downloading and/or using software downloaded from any PixelBrite owned website, you acknowledge and agree to the terms of the Pixel Brite Creations Software License agreements. The agreements are located here: Pixel Brite Creations, Inc. Terms and Agreements and here: FlexCSS™ License.

12a) Indemnification

Customer agrees that it shall defend, indemnify, save and hold PixelBrite harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against PixelBrite, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless PixelBrite against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with PixelBrite; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from PixelBrite's server.

12a) Arbitration

By using any PixelBrite services, you agree to submit to binding arbitration. If any disputes or claims arise against PixelBrite or its subsidiaries, such disputes will be handled by an arbitrator of PixelBrite's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Texas. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

13) Disclaimer

PixelBrite shall not be responsible for any damages your business may suffer. PixelBrite makes no warranties of any kind, expressed or implied for services we provide. PixelBrite disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by PixelBrite and its employees.

14) Disclosure to law enforcement

PixelBrite may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.

We will cooperate fully with law enforcement agencies.

15) Uniform Domain Name Dispute Policy

PixelBrite adheres to the policy provided by ICANN regarding the dispute of domain names. By using PixelBrite site and services, you agree to the terms of the policy, which can be examined here: Uniform Domain Name Dispute Policy

16) Products & Service Agreements

PixelBrite and its affiliates have additional agreement terms for products and services that you may elect to purchase. These products and services include web site design agreements, SSL agreements, as well as others. Any product or service you purchase may have additional agreement terms and those terms are considered to be a binding part of these Terms of Service. By using PixelBrite products and services, you certify that you have read and agreed to the terms set forth in all associated and listed agreements displayed with this terms of service.

17) Transferring an Account

PixelBrite.com Client Corner accounts and PixelBrite.com online accounts are non-transferable. There are no exceptions. These accounts are associated with domain names and other products and services that have legal measures set forth by United States and International law for tranferring these properties. Account transfers are not a legal method of transferring domain properties and other products with copyrights. All account changes are monitored to protect our customers from fraud. Intentional attempts to change the details of an account (transfer the account), may result in an immediate termination of service.

Changing of contact information in a corporate account is permissible, as long as the Company Name remains the same. To help us fight fraud, consider contacting us prior to making primary contact name changes in a corporate account. We reserve the right to verify all name changes performed on an account. We reserve the right to refuse any changes to an account's details. If you change the name on an account, we will contact you to make certain you made the change. We reserve the right to suspend an account if a name change is initiated without first contacting PixelBrite.com, while we verify the validity of the name change. Our goal is to protect your domains, assets, website and all digital property you hold with PixelBrite.com. Name changes to an account may require a form to be filled out prior to the account being updated.

18)PixelBrite® PRO Advantage™ Membership

Our free customer appreciation program, PixelBrite® PRO Advantage™ Membership includes global discounts to nearly all PixelBrite.com® products and services. Advantage Membership discounts are not combinable with other PixelBrite.com® promotions and coupons.

19)Designer Print Products

Printing services are non-refundable. If the printing product you receive has a defect in workmanship your order may be eligible to be reprinted. Please mail samples of the defective products to Pixel Brite Creations, Inc. including your order number and invoice number. If the defect is easily identified visually, you may scan and email a .pdf sample. All printing projects are approved by the customer prior to being sent to press. Content issues and typographical errors are not defects in workmanship and will only be reprinted at the cost of the customer.

Print Proofing, Defects and Refunds

Designer professional printing services include a period of design time for assistance with crops, bleeds, and pre-press file checks. Designs and artwork prepared for press by PixelBrite use professional high quality displays hardware calibrated for proper color matching. It is the client's responsibility to ensure they are proofing on quality calibrated devices and monitors prior to ordering. PixelBrite will not reprint products that do not deviate from our calibrated monitors and the printed product.

If we determine a defect in printing has occurred, at our discretion we will either 1) refund the price of the product minus expedited shipping and expedited press fees associated with the order. Or, 2) Reprint the product at standard press turn-around (non-expedited) and ground shipping.

PixelBrite is not responsible for poor quality printed products as a result of client supplied files, low-resolution images, or poor image quality.

PixelBrite does not print projects containing pornography, sexually explicit material, drug-related subjects, or any other material considered "adult-only". Orders placed that fall into the "adult-only" category will be refunded minus a 20% handling and service fee.

20)Morally Objectionable or Racial Content

PixelBrite.com® and its staff do not conduct business with morally objectionable, sexually explicit, illegal, or racially biased groups, businesses, or individuals. Although morally objectionable is subjective, we reserve the right to refuse to do business with any entity or content relating to pornography, adult oriented material, sexual orientation, or anything otherwise not suitable for the family and children. Any product or service purchased with the intent of employing PixelBrite.com® for work or tasks related to these types of content will be refunded minus a 15% handling fee and/or $50.00 service and convenience charge as well as any merchant account fees related to the transaction.

PixelBrite.com® reserves the right to refuse hosting services for any morally objectionable, sexually explicit, racially biased, or illegal services.

Products and Services, Time and Billable Rates

Bundled Hosting & Domains

Packages billed with a one-time fee that bundle Hosting and Domains will convert to a recurring billable product after purchase. These products will bill the client a hosting charge annually after the included time is exhausted (typically 1 year). Domains will be billed after the first year.

Shipping

PixelBrite.com® Designer print products may include ground shipping. All products sold by PixelBrite.com® that include shipping or quote expedited shipping upgrades are for the 48 contiguous United States located on the North American continent south of the border with Canada, plus the District of Columbia. Excludes the states of Alaska and Hawaii and all off-shore U.S. territories. For shipping to other locations besides the 48 contiguous United States, please Contact Us for a price.

Carryover Time

Packages include valuable rate-reductions by design and are intended for immediate use and consumption without reasonable adjustments made to account for carryover. Recurring packages reserve professionals for a block of time specified in the package (plus add-on time) per month. Pixel Brite Creations, Inc. does not include, permit, extend, or provide any type of carryover for professional time on any service, time or product, recurring or otherwise, unless explicitly specified. Recurring packages have a set number of hours reserved with a professional scheduled and on-call for that duration with the hours consumed if not used by months end.

One-Time Services

PixelBrite.com® offers a variety of rate-based products and services with Professional Services (hours) bundled into one-time hourly packages. These products and services include a block of professional services time at a reduced and/or discounted package rate. Time included in these products and services expires 120 days after purchasing the product or service. Hours will carryover from month to month throughout the 120 day cycle at which time the product and/or service will expire. The 120 day expiration applies to all rate-based, hourly, professional services and products offerred, design time cart-upgrades, including but not limited to: BlueDesigner™, BlueSupport™, GreenDesigner™, GreenSupport™, RedDesigner™, RedSupport™, and all other products and services with a time element or addon. Designer Print Products with addon time will expire with conclusion of the print product, which is after product delivery.

Recurring Rate Based Products and Services

PixelBrite.com® offers a variety of rate-based products and services with Professional Services (hours) bundled into recurring hourly based packages. The packages with recurring monthly variations can be cancelled at any time to stop the service after the current billing cycle. Hours and time included with recurring packages do not carry over to the next month. All hours included with a Monthly or recurring product or service must be used within the current billing cycle (month). Carryover is not provided for any recurring professional service, hourly, rate, design time cart-upgrades, or other product offerred by PixelBrite.com® including but not limited to: BlueDesigner™ Monthly, BlueSupport™ Monthly, GreenDesigner™ Monthly, GreenSupport™ Monthly, RedDesigner™ Monthly, RedSupport™ Monthly. All recurring package time expires after the current billing cycle when the product is canceled, or renews for a new monthly cycle.

Project Time Calculation

Professional services are billed in intervals of 0.1 hours (6 minutes) with time tracked and managed internally by our billing department. Clients will be billed a minimum once a design or support specialist begins working on a task, project, design, support item or other request by the client. These minimums include the following:

• Normal business hours: 0.4 Hours (24 minutes).
• Tasks performed beyond normal business hours: 0.6 Hours (36 minutes).
• Holidays have a minimum of 1 hour.

Please submit a billing support ticket to request outstanding time-balances.

Billable Rate

For products and services without a paid subscription, plan, or qualifying package that includes professional services time and/or an adjusted rate, any Professional Services rendered by Pixel Brite Creations, Inc. will be billed at the rate of $79.00/hour. We reserve the right to adjust this rate at any time without notice.

Timeliness of Website Packages

PixelBrite.com® website packages include a website agreement with these terms of service. Purchasing a Website service or package such as, but not limited to, BlueSite™, GreenSite™, and ResSite™ confirms your agreement to these terms of service and the associated website agreement. Website projects require a number of assets and content elements to be provided by the client. These include, but are not limited to, texts, descriptions, photos, logo and branding elements, video, and other materials that constitute website content. The timeliness of delivering these elements is essential to bringing website projects to completion in a reasonable amount of time. Websites remaining in development after a period of 180 days from the date of purchase are reviewable by Pixel Brite Creations, Inc. to evaluate timeliness of deliverables by both parties. If reasonable efforts are determined to have been extended to obtain assets from the client which were not delivered to PixelBrite.com® through our Support Center, and these deliverables prevented project completion in a timely manner, Pixel Brite Creations, Inc. reserves the right to declare the project completed at this time (reviewable after 180 days). Once a project is declared completed, all work is halted under the existing package, contract, or service. PixelBrite.com® will inform the client via a Billing Support Ticket if this action is necessary.

Products and Services | Discounts and Promotional Coupons

Promotional discounts are not applied to product rates unless professional services time is ordered at the time of purchase. This applies to time-overages and time spent on projects beyond package time.

Normal Business Hours

PixelBrite.com® provides expedited professional design services beyond normal business hours. Staffing beyond normal business hours is at a minimum and requires pre-planning through the Design & Support Center. Professional services are also available on all holidays if pre-planned and the client has a current design or support package with adequate pre-paid time. The following are our normal hours of operation (Eastern Standard Time):

• MONDAY-FRIDAY: 8:30 AM - 5:00 PM
• SATURDAY & SUNDAY: CLOSED

We observe all major holidays. The next business day following the 4th of July we are closed. The Friday following Thanksgiving day we are closed. We are also closed the weekdays falling in the week leading up to Christmas and those following up through New Years Day.

Changes to these Terms of Service

PixelBrite reserves the right to revise its policies at any time without notice.

Last Updated - November 30, 2010