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Table of Contents - Terms of Service
 
 
Important Notice
Phoenix Services agrees to provide the client web hosting for a monthly/quarterly/semi-annual/annual/biennial fee. Phoenix Services will never require clients to advertise for Phoenix Services on their website in any way shape or form unless agreed upon such as a non-profit organization receiving complimentary hosting. Clients are allowed to use the service for business/commercial or personal websites or content. Phoenix Services reserves the right to change this agreement at any time without notice.
Website Contents

All services provided by Phoenix Services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australian (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless Phoenix Services from any claims resulting from the use of the service which damages the subscriber or any other party.

Examples of Non-Acceptable Contents or Links

Pirated software
Hacking programs or archives
Warez Sites
Illegal MP3 or related audio files
Spamming Software
Vip Poster
High Yeald Investment Program (HYIP) sites
Proxys (including links to proxy websites)

Background Running Programs
Phoenix Services not allow background-running programs. This includes any IRC related software such as bouncers and bots. In certain cases we may allow programs to run continually in the background, these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

Banned Scripts

You are free to use any scripts you wish provided they do not affect the normal operations of the server and they are not mentioned specifically above. Scripts that are commonly known for causing server disruption include large cgi-based message forums, chat programs, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, Phoenix Services reserves the right to disable the account pending client cooperation and resolution.

Violation of indecency and obscenity laws can result in criminal penalties.

Intellectual Property Rights
Material accessible to you through Phoenix Services's Services may be subject to protection under the Australian (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Phoenix Services Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Phoenix Services Network. If you use a domain name in connection with the Phoenix Services Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Defamation
Defamatory speech distributed over the Internet can result in civil liability for the defamer.
Refusal of Service
Phoenix Services reserves the right at its sole discretion to refuse or cancel service. Violation of any of Phoenix Services's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Free domains which have been granted for customers paying annually are released to the customer at the end of there hosting period. Domains terminated due to policy violations will not be released to the customer.
Spam or Unsolicited E-Mail

You must not use the Phoenix Services Network, Phoenix Services equipment or any Phoenix Services email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the Phoenix Services Network, Phoenix Services equipment or any Phoenix Services email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.

If you are found to have spammed, Phoenix Services reserves the right to disable your domain without warning. In addition, Phoenix Services may impose a $100.00 penalty for each spam policy violation. Phoenix Services solely reserves the right to refuse or cancel service to known spammers. Lastly, Phoenix Services reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

Abuse
Any attempts to undermine, slander, libel, threaten, or cause harm to a Phoenix Services server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold Phoenix Services (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Phoenix Services, 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, it's agents, employees or assigns.
Free Domain Offers
When this offer is being ran and you have a valid promo code:
The terms & conditions for our free domain name offer are plain and simple. We will register the domain name for 1 year on your behalf (Only available for New Customers during sign up). All we ask is that you stay hosting with us for a minimum of 3 months. If you stay for 3 months or longer and then decide to leave you are free to take the domain at no charge. If you do not stay for 3 months you will be required to pay the full price of the domain name before your account can be cancelled.
Refund and Cancellation Policy

For payment, Phoenix Services accepts PayPal. Phoenix Services invoices exclusively via e-mail. Phoenix Services does not send out invoices via postal services.

You may cancel your account at any time and receive a full refund (excluding any setup fees or domain name registrations fees incurred) if cancelled within our thirty (30) day money-back guarantee period. To receive this refund, you may not be on a custom package of any sort. You must be on one of the pre-created packages by Phoenix Services that is listed on our site. You may cancel for any reason. Refunds are not available if the account has violated any terms on this page.

You must use only one of following methods to deliver a official written notice of cancellation:
Please contact the support Department vie email on support@phoenixscripts.com or through the billing/support system.

If after thirty (30) days you wish to cancel your hosting account, you will receive no refund of any monies already paid to Phoenix Services.

However, if customer cancels fifteen (15) days before recurring monthly billing date customer will not be billed for the next month and all payments thereafter will be cancelled with immediate effect.

No refunds are available on Domain registrations and transfers.

Late Payment

Please note All Payments are done automatically monthly.
Any account whose payment status is not current as of the start of the next billing period is deemed late. Generally, customers are given a 7 day grace period after which the account is put on suspension. Once the invoice is late a late fee of 10% will be automatically added to the invoice.

You will receive a payment reminder everyday from the start of your payment due date. If after 30 days payment has not been received or we have not been contacted regarding payment, your account will be terminated without any further notice. Reactivation of closed accounts due to delinquency incurs a $25 reactivation fee as well as payment of the balance due in full. For late payments please email billing@phoenixscripts.com to arrange payment.

Disclaimer

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

Finally, Phoenix Services wishes to emphasize that in accepting services, customers indemnify Phoenix Services for the violation of any law or Phoenix Services policy, that results in loss to Phoenix Services or the bringing of any claim against Phoenix Services. This means that if Phoenix Services is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Phoenix Services, plus costs and reasonable legal fees.

Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation.

Phoenix Services reserves the right to change, edit, or update the policies contained in this document, along with the content on our website at any time for any reason without notice.

Server Limits
25% cpu and or memory for 3 minutes.
Combined 5% CPU & RAM over 24 hours.
250 email limit per domain per hour.
50 concurrent database connections at one time.
Apache threads to be open no longer then 999 seconds.
Php upload limit of 15 megs.
Max php session time of 300 seconds or less.
Limits are subject to change at anytime.