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Terms Of Use

When you or your customers sign up for services all customers agree to comply with Phoenix Web Service's(dba: pwsinternet.com) Terms of Use.

The intention of this policy is to ensure our customers are using Phoenix Web Service(dba: pwsinternet.com) services with due regard to the rights of other Internet users and in conformity with the requirements of Phoenix Web Service's network environment.


Please note that asterisked items (*) are not applicable to our Dedicated Server or 2gig hosting plan customers. However you must still adhere to the bandwith standards for each plan you sign up for.


Illegal Use

Phoenix Web Service(dba: pwsinternet.com) servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots.

Adult Content*

Due to the special system and network requirements of adult-oriented sites, pornography and sex-related merchandising are prohibited. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.

Security

Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Server Resources*

Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. Phoenix Web Service(dba: pwsinternet.com) shall be the sole arbiter of what is considered to be a high server usage level. 

All shared web hosting accounts come with a limits of disk per account(measured in megs or megabytes). Each block of Meg in increments of 5Meg after the initial Meg will incur an additional charge of $9.95/month. 
Amount of Meg for each account is determined at purchase of paid hosting plan. (

Any web hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

CGI Scripts*

CGI script sharing with domains not hosted by Phoenix Web Service(dba: pwsinternet.com) is not permitted. Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

Chat Rooms*

Phoenix Web Service(dba: pwsinternet.com) does not allow customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. However, for a small charge, However Java chat rooms are permitted and meet most users' needs and run without hindering system performance.

Background Running Programs and Cron Jobs*

Phoenix Web Service(dba: pwsinternet.com) may allow programs to run in the background. These programs will be considered on an individual basis and customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact Phoenix Web Service(dba: pwsinternet.com) at support@pwsinternet.com so that we can arrange set-up.

IRC

Phoenix Web Service(dba: pwsinternet.com) does not allow IRC or IRC bots to be operated on our servers.

UCE (Unsolicited Commerce Email) - SPAM

Spamming, the sending of unsolicited mass email from or through a Phoenix Web Service(dba: pwsinternet.com) server or using an email address that is maintained on a Phoenix Web Service(dba: pwsinternet.com) machine is STRICTLY prohibited. Phoenix Web Service will be the sole arbiter as to what constitutes a violation of this provision. Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but reference in the spam a web site hosted on a Phoenix Web Service(dba: pwsinternet.com) server. Violators will be assessed a minimum fine of $200 and will face immediate suspension.

Server Abuse

Any attempts to undermine or cause harm to a Phoenix Web Service(dba: pwsinternet.com) server or customer are strictly prohibited.

Software Distribution*

Phoenix Web Service's(dba: pwsinternet.com)shared web hosting accounts are not configured for the purposes of distributing software and/or multimedia products.However we do see the need for this service for some clients. If you wish to distribute software and/or multimedia files, please contact sales@pwsinternet.com to make arrangements and discuss a fee.

Databases*

Any database stored on Phoenix Web Service's(dba: pwsinternet.com) servers shall be limited in size to 10% of the total disk space allotted for that particular domain's plan/web hosting account.

Copyright Violations

The Digital Millennium Copyright Act ("DMCA") sets forth the requirements for valid copyright infringement notification. If you would like to notify Phoenix Web Service(dba: pwsinternet.com) of an infringement of your copyright, the DMCA requires that you:

Click Here to Download the DMCA in pdf form.

  1. Send your notification to Phoenix Web Service's (dba: pwsinternet.com)designated agent. You may choose any of the following three avenues for this notification:
    1. Email to abuse@pwsinternet.com
    2. Fax to Phoenix Web Service(dba: pwsinternet.com), Attention: Abuse at (732) 262-2266
    3. Mail to Phoenix Web Service(dba: pwsinternet.com), Attention: Abuse, P.O.Box 82, Brick, NJ 08723
  2. Include in your notification the following information
    1. A physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant")
    2. Identification of the copyrighted work(s) claimed to have been infringed
    3. Identification of the material claimed to infringe the copyright(s), and enough information for Phoenix Web Service(dba: pwsinternet.com) to locate it
    4. The Claimant's name, address, and telephone number(s)
    5. A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent
    6. A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
Actions Taken by Phoenix Web Service(dba: pwsinternet.com)
The failure by a customer to meet or follow any of the above Terms of Use is grounds for account deactivation. Phoenix Web Service(dba: pwsinternet.com) will be the sole arbiter as to what constitutes a violation of the Terms of Use.

Phoenix Web Service(dba: pwsinternet.com) reserves the right to remove any account without prior notice.

When Phoenix Web Service(dba: pwsinternet.com) becomes aware of an alleged violation of its Terms of Use, Phoenix Web Service(dba: pwsinternet.com) will initiate an investigation. During the investigation, Phoenix Web Service(dba: pwsinternet.com) may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Phoenix Web Service(dba: pwsinternet.com) may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Phoenix Web Service(dba: pwsinternet.com) will notify the appropriate law enforcement authorities of such violation.

Phoenix Web Service(dba: pwsinternet.com) does not issue credits for outages incurred through service disablement resulting from Terms of Use violations.

Phoenix Web Service(dba: pwsinternet.com) customers agree to indemnify and hold harmless Phoenix Web Service(dba: pwsinternet.com) from any claims resulting from the use of our services that damages them or any other party.

The Phoenix Web Service(dba: pwsinternet.com) service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular purpose or non-infringement.

Phoenix Web Service(dba: pwsinternet.com) customers agree to indemnify and hold harmless Phoenix Web Service(dba: pwsinternet.com) from any claims resulting from the use of our services that damages them or any other party.

The Phoenix Web Service(dba: pwsinternet.com)
Hosting Termination Rights and Dispute Resolution


Parties responsibilities and expectations under this hosting agreement, Phoenix Web Service remedies in the event that the other party fails in its responsibilities or fails to give information need to up keep the customers site as expected.

Both parties has the right to terminate the agreement upon the occurrence of certain events, which include:
(1) customer failure to pay(after two months of consecutive no pay unless other methods of payment have been agreed upon);

(2) customer filing of bankruptcy against a party

(3) Phoenix Web Service breach of Terms Of Use;

(4) Phoenix Web Service breach of any other material obligation, such as confidentiality;

Phoenix Web Service offers the customer to terminate the agreement as a matter of convenience. Phoenix Web Service will require the customer to pay a termination fee if the customer elects to terminate hosting service for convenience.

If the customer terminates the web agreements for whatever reason(s) within a 1-12 months period and has the Extended Package the termination fee will be $900.00 nine-hundred dollars and no cents, within a 13-24 months period $500.00 five hundred dollars and no cents, within 25-36 months period $250.00 two-hundred dollars and no cents.

If the customer terminates for whatever reason(s) the web agreements and has a Business I Package within a 1-12 month(s) period the termination fee will be $600.00 (six hundred dollars and no cents), within 13-24 months termination $475.00 (four-hundred and seventy-five dollars and no cents), within 25-36 months $250.00 (two-hundred-fifty-dollars and no cents).

If the customer terminates for whatever reason(s) the web agreements and has a Small Business Package within a 1-12 month $600.00 six-hundred dollars and no cents, within a 13-24 month period $475.00 four-hundred-and seventy-five dollars and no cents, within a 25-36 month period the termination fee will be $250.00 (two-hundred-and fifty dollars and no cents).

Phoenix Web Service is willing to some kind of discount off of the standard termination fees listed above that would be due to; For example: If termination is for selling of the company and other detrimental situation not just for pure convenience. The company must submit documentation proof to Phoenix Web Service and be approved by our Sales Team.

By Utilizing our Servers is aconsidered an agreement between the two parties and you are bound by this agreement.

By Hosting your Domain with Phoenix Web Service you are bound by this agreement in its entirety as Phoenix Web Service would not have acccess to your domain without your contacting Phoenix web Service and allowing us acess to make the adjustments to host the site/s. ( for example the giving of passwords and file info to obtain DNS information for changes )

Your Agreement: I agree with all parts of the hosting elements and web creation elements as stated in this TOS with Phoenix Web Service.

Phoenix Web Service (dba: pwsinternet.com) expressly disclaims any representation or warranty that the Phoenix Web Service service will be error-free, secure or uninterrupted. No oral advice or written information given by Phoenix Web Service(dba: pwsinternet.com), its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice.Phoenix Web Service(dba: pwsinternet.com) and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Modification
Phoenix Web Service(dba: pwsinternet.com) reserves the right to add, delete, or modify any provision of its Terms of Use at any time without notice.

 

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