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Acceptable Use Policy

As a provider of Internet access, web site hosting, and other Internet-related services, Pictor Design offers its customers, their customers, and end-users (collectively known as "Subscribers"), the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. Pictor Design respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Pictor Design reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Pictor Design has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing Pictor Design's services.

Read more: Acceptable Use Policy

Service Level Agreement

  1. Coverage; Definitions
    1. The Web Site Availability Service Level Agreement (SLA) applies to you (”Customer”) if you have ordered any of the following Unix hosting account services from Pictor Design (the “Services”) and your account is current (i.e., not past due) with Pictor Design:
      1. Shared Web Hosting Plans (Basic, Enhanced, Premium, Bronze, Silver, Gold, Platinum, High Volume, Hosting 1000, Hosting 2000, Hosting 3000, Hosting 4000), E-Commerce Plans (Cyberstand, e-Vendor or Marketplace, ShopSite Starter, Manager and Pro add-ons on to Unix Hosting 1000-4000) and Signature Hosting.
      2. As used herein, the term “Web Site Availability” means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the content of customer’s Web site is available for access by third parties via Hypertext Transfer Protocol (HTTP) and HTTPS, as measured by Pictor Design.
    2. The Server Availability Service Level Agreement (SLA) applies to you (”Customer”) if you have ordered any of the following Unix hosting account services from Pictor Design (the “Services”) and your account is current (i.e., not past due) with Pictor Design:
      1. Virtual Private Servers (FreeBSD, Linux).
      2. Managed Private Servers (FreeBSD, Linux).
      3. As used herein, the term “Server Availability” means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the server is reachable across an IP network and is available for access by third parties via Internet Control Message Protocol (ICMP), i.e. ping, as measured by Pictor Design.
  2. Service Level
    1. Goal:
      Pictor Design’s goal is to achieve 100% Web Site and Server Availability for all customers. Our published service level agreement is 99.9%.
    2. Remedy:
      Subject to Sections 3 and 4 below, if the Web Site or Server Availability of customer’s Web Site or Server is less than 100%, Pictor Design will issue a credit to customer in accordance with the following schedule, with the credit being calculated on the basis of the monthly service charge for the affected Services:
      Web Site or Server Availability Credit Percentage
      99.9 to 100% 0%
      98% to 99.8% 10%
      95% to 97.9% 25%
      90% to 94.9% 50%
      89.9% or below 100%
  3. Exceptions
    Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Web Site or Server Availability caused by or associated with:
    1. circumstances beyond Pictor Design’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, earthquake, hurricane or other acts of God, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
    2. failure of access circuits to the Pictor Design Network, unless such failure is caused solely by Pictor Design;
    3. scheduled maintenance and emergency maintenance and upgrades;
    4. DNS issues outside the direct control of Pictor Design;
    5. issues with FTP, POP, IMAP, or SMTP customer access;
    6. false SLA breaches reported as a result of outages or errors of any Pictor Design measurement system;
    7. customer’s acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence, willful misconduct, or use of the Services in breach of Pictor Design’s Terms and Conditions and Acceptable Use Policy;
    8. e-mail or webmail delivery and transmission;
    9. DNS (Domain Name Server) Propagation.
    10. outages elsewhere on the Internet that hinder access to your account. Pictor Design is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Pictor Design will guarantee only those areas considered under the control of Pictor Design: Pictor Design server links to the Internet,Pictor Design’s routers, and Pictor Design’s servers.
  4. Credit Request and Payment Procedures
    To receive a credit for a Shared hosting account, a Virtual Private Server (VPS) or Managed Private Server (MPS) account , the customer must make a request therefore by sending an e-mail message to This email address is being protected from spambots. You need JavaScript enabled to view it.. The e-mail message MUST include the domain name of the customer’s account in the “Subject” line. Each request in connection with this SLA must include the customer’s account ID (per Pictor Design’s invoice) and the dates and times of the unavailability of customer’s Web site and must be received by Pictor Design within ten (10) business days after the customer’s Web Site was not available. If the unavailability is confirmed by Pictor Design, credits will be applied within two billing cycles after Pictor Design’s receipt of the customer’s credit request. Credits are not refundable and can be used only towards future billing charges.

    Notwithstanding anything to the contrary herein, the total amount credited to customer in a particular month under this SLA shall not exceed the total hosting fee paid by customer for such month for the affected Services. Credits are exclusive of any applicable taxes charged to customer or collected by Pictor Design and are customer’s sole and exclusive remedy with respect to any failure or deficiency in the Web Site or Server Availability of customer’s Web Site or Server.

    Note: Credits are not refundable and can be used only towards future billing charges.