Terms of Service
Terms of Service and Acceptable Use Policy
Phil-Hosting.Net issues this document.
This document is intended to provide a basic understand of our Terms of Service/User Acceptable Policy. The following are guidelines for the establishment and enforcement of the TOS/AUP:
- Ensure reliable service to our customers
- Ensure security and privacy of our systems and network, as well as the networks and systems of others
- Comply with existing laws
- Maintain our reputation as a responsible service provider
- Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
- Preserve the value of Internet resources as a conduit for free expression and exchange of information
- Preserve the privacy and security of individual users
We intend to provide our customers access to everything the Internet has to offer. While we are firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both us and the Internet and cannot be permitted under the guise of free speech. The resources of us and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.
If your account is used to violate the Terms of Service/Acceptable Use Policy, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the TOS/AUP will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
The company shall be known throughout this document as Phil-Hosting.Net.
Phil-Hosting.Net agrees to provide the client web hosting for a monthly/quarterly/semi-annual/annual fee. Phil-Hosting.Net will never require clients to advertise for Phil-Hosting.Net 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 small to medium-sized business/commercial or personal websites or content.
Backup
Client are solely and entirely responsible, and Phil-Hosting.Net is in NO way responsible, for the management and backup of all client data, and all updates, upgrades, and patches to any software that customers use in connection with Host services. We strongly recommend that you always backup your account to keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, you (the client) are responsible for data restoration. Phil-Hosting.Net shall not be liable for loss of data under any circumstance.
Content
All services provided by Phil-Hosting.Net may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Philippine, United States and/or United Kingdom law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is "adult only" content, or material protected by trade secrets and other statue, and software and/or bundled-software "backups." All accounts should be used for standard web practices and only standard web practices. The subscriber agrees to indemnify and hold harmless Phil-Hosting.Net from any claims resulting from the use of the service which damages the subscriber or any other party.
Examples, but not limited to, of non-acceptable content or links:
- Backup Your Home Computer
- Adult and/or obscene photos
- Pirated and Spamming software
- Hacking programs or archives
- Warez Sites
- MPEG's and MP3's
- Streaming Video and Audio
- Proxy, Torrent, Torentflux, RapidLeech
Background-running Programs
We do 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 below. Scripts that are commonly known for causing server disruption and/or downtime include large cgi-based message forums, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, Phil-Hosting.Net reserves the right to disable the account, with or without prior notice, pending client cooperation and resolution.
The following are samples of scripts that we don’t allow in our server:
- Chat servers/scripts of any kind are strictly prohibited.
- Streaming Video and Audio
- Greymatter
- Xmb, Ikonboard and Ultimate message boards
- PHP-Nuke, Xoops and the likes
CGI Usage
All scripts must be uploaded with the purpose of user's usage only. Setting unnecessary permissions to 777 is strictly prohibited. No script may use more than 10% of server resources. Usually, accounts with archives or galleries; accounts offering files for download; large CGI or PHP scripts (ie: ikonboard, greymatter, xmb, ultimate); mailing lists; .mp3, .jpg, .bmp, .exe, .zip, .tar, etc requires more than 10% of system resources. Accounts may be suspended if they are found to be running insecure or illegal scripts
Excessive CPU Time Usage
Scripts and/or other executable code that consume an undue amount of CPU time (more than 10 minutes per hour of CPU time) will be reprioritized if possible, or we will ask you to discontinue its use either permanently or the script is altered by yourself or third party to operate in a less resource-hungry manner. Failure to cease operation of the offending executable will be considered as server abuse which results to account suspension or termination.
High Resource User Policy
Resources are defined as bandwidth and/or processor utilization. Phil-Hosting.Net may implement the following policy to its sole discretion:
When a website is found to be monopolizing the resources available, Phil-Hosting.Net reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended for the protection of all our customers using our server.
If we receive a complaint on Spam or Unsolicited email from a Domain maintained on our servers, the account will be subject to suspension and/or cancellation without notice.
Downloads
In order to maximize uptime on our servers, downloads of any kind (media, backups, warez, etc.) are forbidden on the server. Video/Game/Music targeted sites are not allowed.
Databases
Any database stored on our servers shall be limited in size to 10% of the total disk space allotted for that particular domain's plan/web hosting account.
Distribution and/or Transmission of Obscene or Indecent Speech or Materials
Violation of indecency and obscenity laws can result in criminal penalties.
Intellectual Property Rights
Material accessible to you through Phil-Hosting.Net' Services may be subject to protection under the Philippine, United States of America, or any other country for that matter, 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 Phil-Hosting.Net 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 Phil-Hosting.Net Network. If you use a domain name in connection with the Phil-Hosting.Net 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.
Network Security
Customers may not use the Phil-Hosting.Net Network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking and hacking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, denial of service attack, or other deliberate attempts to overload or crash a host or network. Phil-Hosting.Net will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
Defamation
Defamatory speech distributed over the Internet can result in civil liability for the defamer.
Refusal of Service
Phil-Hosting.Net reserves the right at its sole discretion to refuse or cancel service. Violation of any of Phil-Hosting.Net' Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded.
Spam Or Unsolicited E-Mail
You must not use the Phil-Hosting.Net Network, Phil-Hosting.Net equipment or any Phil-Hosting.Net 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 Phil-Hosting.Net Network, Phil-Hosting.Net equipment or any Phil-Hosting.Net 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, Phil-Hosting.Net reserves the right to disable your domain without warning. In addition, Phil-Hosting.Net may impose a $50 or 3,000 PHP penalty for each spam policy violation. Phil-Hosting.Net solely reserves the right to refuse or cancel service to known spammers. Lastly, Phil-Hosting.Net 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 Phil-Hosting.Net 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 Phil-Hosting.Net (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Phil-Hosting.Net, 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. Customer agrees to defend, indemnify and hold harmless Phil-Hosting.Net against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Phil-Hosting.Net server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of Phil-Hosting.Net to the amount paid for service.
Refunds & Cancellation Policy
For payment, Phil-Hosting.Net accepts Bank deposits and Money order only.
Customers are free to terminate their account with Phil-Hosting.Net but Phil-Hosting.Net does not refund money.
Late Payment
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 3 day grace period after which the account is put on suspension.
You will receive a payment reminder everyday 3 days before your payment due date. If after 6 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 $15 or 825 PHP reactivation fee as well as payment of the balance due in full. For late payments please email support@akosiems-baw.com or raise a helpdesk ticket to arrange payment.
Cancellation
You must use only one of following methods to deliver a official written notice of cancellation:
Please e-mail support@akosiems-baw.com or raise a ticket in the helpdesk ticketing system. On receipt your account will be pending cancellation within 24 hours. Please include your Name, domain name, username, password and your reason for cancelling.
Disclaimer
Phil-Hosting.Net will not be responsible for any loss of data or damages your business may suffer. Phil-Hosting.Net makes no warranties of any kind, expressed or implied for services we provide. Phil-Hosting.Net 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 Phil-Hosting.Net and its employees. Phil-Hosting.Net makes a 99% Uptime guarantee.
Customers must always keep a backup of your site files and databases. Phil-Hosting.Net does not accept responsibility for any loss of data or consequences arising from not backing up the site.
Finally, Phil-Hosting.Net wishes to emphasize that in accepting services, customers indemnify Phil-Hosting.Net for the violation of any law or Phil-Hosting.Net's policy, that results in loss to Phil-Hosting.Net or the bringing of any claim against Phil-Hosting.Net. This means that if Phil-Hosting.Net is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Phil-Hosting.Net, plus costs and reasonable legal fees.
Resellers
Resellers MUST enforce this TOS to their clients. Failure to comply may result to suspension or termination.
Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation.
Phil-Hosting.Net reserves the right to change, edit, or update the policies contained in this document at any time for any reason without notice.
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