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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.
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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.
- 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:
- Email to abuse@pwsinternet.com
- Fax to Phoenix Web Service(dba: pwsinternet.com), Attention: Abuse at (732) 262-2266
- Mail to Phoenix Web Service(dba: pwsinternet.com), Attention: Abuse, P.O.Box 82,
Brick, NJ 08723
- Include in your notification the following information
- A physical or electronic signature of the copyright owner
or a person authorized to act on the copyright owner's behalf
(the "Claimant")
- Identification of the copyrighted work(s) claimed
to have been infringed
- Identification of the material claimed to infringe the copyright(s),
and enough information for Phoenix Web Service(dba: pwsinternet.com) to locate it
- The Claimant's name, address, and telephone number(s)
- 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
- 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.
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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)
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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