Last Updated 2nd of October
Terms Of Service
- Be at least 13 years old
- We will use email to contact you
- You agree to not host illegal content
- You are responsible for your projects hosted on Pixelnest
- We provide our services as-is
- We will comply with copyright takedown notices
Each time you access and/or use the Services, you agree to be bound by these Terms and any Additional Terms that apply to you.
Payments, Subscriptions, and Cancellations
You will honor your payment obligations if any. For recurring charges that you agree to make, you agree that third parties working on our behalf may store your payment information to process the payments you agreed to make. You understand that additional fees and taxes may apply to your purchases. Please refer to our Cancellations section for related information. Pixelnest does not guarantee refunds.
You are responsible and liable for your Content and the Content of your end users. Additionally, when you act as a Service Provider, you have additional Obligations as a Service Provider under the DMCA.
We may offer Rewards programs as part of our Services. If we offer Rewards credits, these will expire as set forth herein.
You may not use, copy, reproduce, republish, upload, display, post, transmit, distribute, or license/resell any Pixelnest services to other consumers or content on the Services without Pixelnest's authorization.
Limitation of Liability
To the extent permitted by law, Our liability is limited.
To the extent permitted by law, we disclaim warranties and conditions.
Acceptable Use Policy
No illegal, harmful, or offensive user content or use
You may not use, or encourage, promote, facilitate or instruct others to use, the Services for any illegal, criminal, unlawful, harmful, fraudulent, infringing or offensive use or enterprise, or to transmit, store, display, distribute or otherwise make available information or content (including User Content) that is illegal, unlawful, harmful, fraudulent, infringing or offensive. Prohibited activities or content include:
- Illegal, Harmful, or Fraudulent activities. Any activities that are illegal, tortious, that violate the rights of others, or that may be harmful to others, our operations, or reputation, including disseminating, promoting, or facilitating child pornography, offering or disseminating fraudulent goods, services, schemes, or promotions, make-money-fast schemes, Ponzi and pyramid schemes, phishing, or pharming.
- Infringing content and or use. Content that infringes or misappropriates the intellectual property or proprietary rights of others, including unauthorized disclosures of private information, or taking information directly from Pixelnest and/or our Users, and using it for your own personal or business purposes without permission or proper attribution. You agree NOT to attempt to resell Pixelnest's products and/or access to the Services without our written permission.
- Offensive content. Content that is harmful to minors in any way, defamatory, libelous, obscene, abusive, threatening, discriminatory, harassing, invasive of privacy, false, intentionally misleading, patently offensive, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, depicts non-consensual sex acts or that promotes racism, bigotry, hatred, religious intolerance, misogyny, or physical harm of any kind against any group, individual or animal.
- Harmful content. Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.
- False content. Submitting any content or information that falsely states, impersonates or otherwise misrepresents your identity, including but not limited to misrepresenting your current or previous qualifications, or your affiliations with a person or entity, past or present, or assuming another’s identity.
- No illegal, harmful, or offensive user content or use
No spam, email, or other messaging abuse.
You agree to comply at all times with our Anti-Spam Policy. You will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “SPAM”), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate this AUP or the acceptable use policy of that provider. You will not use ANY of our communication tools (forums, messaging, feeds) to market other businesses or opportunities not related to (or approved by) the Service.
No security violations.
You may not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include:
- Unauthorized access. Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
- Interception. Monitoring of data or traffic on a System without permission.
- Falsification of origin. Forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route.
No network abuse.
You may not make network connections to any Users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include:
- Monitoring or crawling. Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.
- Denial of Service (DoS/DDoS). Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.
- Intentional inference. Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.
- Operation of certain network services. Operating network services like open proxies, open mail relays, or open recursive domain name servers.
- Avoiding system restrictions. Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.
- Excessive use. In the event, any instance uses excessive CPU from activities such as cryptocurrency CPU mining, Pixelnest reserves the right to limit the CPU available to your instances in order to maintain a consistent level of performance on all our nodes.
- Overstorage. Using basic server storage for necessary operations is all you should use your network storage for. Pixelnest does not host cloud storage it is a performance hosting company. Overstoring or abusing storage on the game or generic language servers may result in suspension or termination.
You agree to (i) comply with this AUP, (ii) comply with all laws and regulations applicable to you, including, without limitation, criminal laws, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements within your field; and (iii) use the Services in a professional manner.
Our monitoring and enforcement.
We reserve the right, but do not assume the obligation, to investigate any violation of this AUP or misuse of the Services. We may:
- Investigate violations of this AUP or misuse of the services.
- review any User Content, and remove, disable access to, or modify any content or resource (including User Content) that violates this AUP or any other agreement we have with you for use of the Services;
- monitor all prohibited actions, investigate, and/or take appropriate action at our sole discretion against you.
If you violate this AUP or any other provision of the Terms of Service or otherwise create liability for us or any other person, including reputational harm, we may (without limitation) and in addition to the above, terminate or suspend your Account, your access to any or all Services and the related services or any portion thereof at any time, with or without notice, for violating this AUP. We may also take legal action to enforce our rights, and/or report you to appropriate law enforcement authorities, regulators, or other appropriate third parties. PLEASE BE AWARE THAT WE COOPERATE WITH LAW ENFORCEMENT AND REPORT SUSPICIOUS AND/OR ILLEGAL ACTIVITY.
Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing information related to alleged violations of this AUP.
Pixelnest does not control or endorse the Content, messages, or information found in the Services, and, therefore, Pixelnest specifically disclaims any liability with regard to the Services and any actions resulting from your participation in any Service. Pixelnest shall have no obligation to maintain any Content after the termination of the Services.
Sample list of prohibited activities.
- Use the Service in connection with unlawful contests, lotteries, gambling; pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute, traffic, or disseminate any defamatory, obscene, or otherwise unlawful content, such as child pornography or virtual child pornography.
- Publish, post, upload, distribute or disseminate any topic, name, material, or information that incites discrimination, hate, or violence towards one person or a group because of their belonging to a race, a religion, or a nation.
- Upload, or otherwise make available files that contain images, photographs, software, or other material protected by intellectual property laws, including, by way of example, and not as a limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's property.
- Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations, or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Service.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Host TOR exit nodes.
- Use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
- Network probing or port scanning tools are only permitted if explicitly authorized by the destination host and/or network. Unauthorized port scanning, for any reason, is strictly prohibited.
- Utilizing bots for the purpose of repeatedly and/or automatically acquiring merchandise and anything similar that violates 3rd party ToS that could result in the blocking of Pixelnest IP space or ASN.
- Utilizing autodialers or other VOIP-based robocalling software.
- Pixelnest customers are NOT permitted to utilize and deploy our services to conduct and deliver DOS/DDOS mitigation as a service.
Anti Spam Policy
Pixelnest.cloud subscribes to a strict "No Spam" Policy as exhibited and explained by this Policy. Pixelnest.cloud will not profit from, nor allow anyone else to profit from Spam of any kind. Pixelnest.cloud will terminate any and all relationships with any entity producing illegal Spam, and Pixelnest.cloud will cooperate with law enforcement to see to it that illegal spammers are prosecuted to the fullest extent of the law.
- Who should read and follow this Policy:
- If you have any relationship, whatsoever, with Pixelnest.cloud, you must, as a condition of a continued relationship with Pixelnest.cloud read and familiarize yourself with this Policy and follow it in its entirety.
- The Parties addressed in this Policy are:
- All Affiliates or members of the Website.
- Any other Affiliate(s), employee(s), contractor(s), servant(s), or agent(s) ("Affiliate" or "you/your"), of Pixelnest.cloud. The existence of one of the aforementioned relationships to us neither creates nor implies the existence of another.
Zero tolerance for unsolicited mail/email/spam
We consider any dissemination of unsolicited commercial email (i.e., "spam") to be STRICTLY PROHIBITED.
Although federal law allows the dissemination of unsolicited bulk email under certain, tightly regulated conditions, we have elected to impose a stricter, total spam ban policy, for all affiliates and promoters of this website. This means that Members are prohibited from engaging in any bulk email promotions to disseminate their profiles or any other information about Pixelnest.cloud, regardless of how the recipient email addresses are acquired, generated, or obtained. This also means that the use of opt-in, double opt-in, or any form of email address recipient list is likewise prohibited, regardless of whether such activities are otherwise permitted by state or federal law.
Any violation of this strict Anti-Spam Policy will be grounds for immediate termination and forfeiture of all unpaid commissions or entitlement thereto. We reserve the right to audit and investigate compliance with the Anti-Spam Policy at any time, with or without notice.
We are committed to stemming the flow of Spam that is prohibited by law. However, our commitment to eliminating Spam goes much further than what the law requires. Spam, in all its forms, is annoying and burdensome, and is inconsistent with our corporate policies. Consistent with this commitment and our policies, we prohibit types of Spam that have not yet been contemplated by the law, including:
- Spim or instant messenger Spam;
- Spamming of internet newsgroups;
- Spamming on Craigslist or other classified services, except in areas designated for such use;
- use of any personal service to Spam other members;
- any other method of Spamming.
In short, if you are sending a message to a recipient who does not know you, in some capacity, you may not send any information about us. If you are posting an ad somewhere that has our company information in it, that ad must be "on the topic" and properly listed.
All affiliates, agents, employees or other promoters using any form of electronic commercial mail promotion in violation of this policy agree to indemnify and hold us harmless from any and all claims, charges, counts, debts, suits, or other allegations arising from violations of the Act, or other applicable laws regulating the transmission of commercial email. Pixelnest.cloud shall provide immediate notice of any and all such claims, however, the Site shall select its own attorneys to defend such claims, at the sole and exclusive expense of the affiliate, agent, employee, or promoter responsible for the alleged violation.
Pixelnest.cloud may suspend any instance that it believes to be transmitting or is otherwise connected with any spam or other unsolicited bulk email, pending investigation/resolution in cooperation with the account holder.
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