Terms of Service
Phoenix Hosting provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available.
All clients of Phoenix Hosting are subject to the following terms of service (TOS):
You agree to use all Phoenix Hosting services and facilities at your own risk.
Phoenix Hosting specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Phoenix Hosting be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages.
Customer agrees that it shall defend, indemnify, save and hold Phoenix Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Phoenix Hosting, 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 Phoenix Hosting against liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with Phoenix Hosting's servers.
Phoenix Hosting reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers as specified herein:
- Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party
- Copyright infringement
- Any defective products sold to customer from Phoenix Hosting's server -- Phoenix Hosting shall be the sole judge of what violates the TOS
- Any matter regarding a duly constituted legal obligation requiring our response
- Pornography -- Phoenix Hosting shall be the sole judge of what violates the TOS
- Any matter considered to be contrary to the best interests of our business -- Phoenix Hosting shall be the sole judge of what violates the TOS
Phoenix Hosting bills in monthly, quarterly, semi-annual and annual time periods depending upon the product and/or service provided and customer preference if multiple options exist. Monthly services are billed one month in advance; longer terms are billed one month prior to end of term. Domain names are the primary exception with billing terms of 1, 2, 5 and 10 year options available. In all cases, payments are due, on or before the due date.
We accept Visa, Master Card, American Express, Discover Card. We also accept checks and cash. Returned checks will result in a $35.00 Non-Sufficient Funds (NSF) fee being assessed to your account. Multiple checks returned for NSF will result in your account being suspended and a $20.00 reconnect fee assessed to your account.
We encourage our clients to pay by credit card as it is the easiest way to handle payment at this time. In most cases, there are no contracts to utilize our services, but for each successive billing period, your service(s) is/are automatically renewed unless we are notified otherwise in advance.
Past Due Accounts
All accounts are billed according to the dates they were first activated on and the chosen increment thereof.
Outstanding balances that are more than ten (10) days past the due date may be subject to a 5% late fee. Any account greater than thirty (30) days past due will be subject to automatic suspension plus the assessment of a $20.00 reconnect fee. Suspended accounts must be paid in full before being reactivated by Phoenix Hosting.
Because we bill in advance for services rendered, Phoenix Hosting has a general policy of no refunds. However, with few exceptions, within the first three (3) days of an invoice being paid, if for any reason you are dissatisfied with our service, you may cancel your service(s) with us and request a refund for that most recently paid invoice. Any request for refund will not apply to past due amounts or to setup fees or technical support time provided by Phoenix Hosting, nor to any fees incurred by Phoenix Hosting in the procurement or delivery of the product or service to the client. Invoices paid by check will be subject to a sufficient period of time to allow the funds to clear before any refunds will be issued.
Domain registration fees are non-refundable.
SSL purchases are non-refundable.
Other products and/or services may be deemed to be non-refundable at the sole discretion of Phoenix Hosting with no prior notice given nor expected.
Additional Product/Service Specific Policies
The policies described below apply to specific products and/or services, or specific categories of products and/or services.
Some of our products and/or services require setup fees to be paid in advance before any work can begin. In all cases, setup fees will be clearly delineated on order forms and invoices. Setup fees are non-recurring and non-refundable. In most cases, we do not charge setup fees for shared hosting accounts and/or domain registrations. Exceptions will be clearly marked to avoid confusion.
Domain Registration / Renewals / Transfers
Phoenix Hosting uses Enom and OpenSRS, both accredited registrars, to register domains for our customers. In addition, we may occasionally use other accredited registrars for specific domain extensions or specific promotions provided by Phoenix Hosting.
Because domain registration is a service we buy from these accredited registrars, additional terms apply. Domain renewal fees that have not been paid prior to the expiration date of the domain will result in the domain being suspended at the registrar until paid for. A domain name that is suspended will prevent your website from displaying when visitors try to access it.
Any domain that is more than thirty (30) days past the expiration date is automatically moved to a status of Redemption by the sponsoring registrar. Fees to remove a domain from redemption status range from $80.00 to $125.00 or more, plus the renewal fee. These are fees assessed by the registrar and completely outside of the control of Phoenix Hosting. A domain that reaches forty-five (45) days past the expiration date may be rescinded by the registrar and resold to someone else. Again, this is entirely beyond the control of Phoenix Hosting.
Additionally, ICANN, the organization responsible for maintaining the integrity of domain registration information has implemented a new policy. Registering a new domain, and in many cases renewing an existing domain will result in an email being sent to the person registering or renewing, asking them to confirm the contact information on the domain. It is imperative that you follow the instructions contained in that email (usually simply a link to click on to verify) in order to keep your domain active. If ICANN and the registrar do not receive your confirmation within about a week, you domain will be suspended at the registrar.
Acceptable Use Policy (AUP)
Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken.
All services provided by Phoenix Hosting may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Phoenix Hosting, its officers and its employees from any claims resulting from the use of the service which damages the subscriber or any other party.
Pornography is prohibited on all Phoenix Hosting servers. This includes sites that include sexually explicit or hardcore images and/or advertising.
We do not host adult content of any description.
Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.
Illegality in any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material, or encouraging others to engage in illegal activity is prohibited.
Certain types of content are not allowed on our network. Phoenix Hosting shall be the sole arbiter of undesirable content.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.
Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
LIMITATION OF LIABILITY
Phoenix Hosting shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Phoenix Hosting servers going off-line or being unavailable for any reason whatsoever.
Furthermore, Phoenix Hosting shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Phoenix Hosting servers. All damages shall be limited to the immediate termination of service.
Phoenix Hosting cannot be held liable for system downtime, crashes, or data loss.
We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning.
Certain services provided by Phoenix Hosting are resold. Thus, certain equipment, routing, software, and programming used by Phoenix Hosting are not directly owned or written by Phoenix Hosting. Moreover, Phoenix Hosting holds no responsibility for the use of our clients' accounts.
If any terms or conditions are failed to be followed, the account in question will be automatically deactivated.
We reserve the right to remove any account without advanced notice for any reason without restitution as Phoenix Hosting sees fit.
FURTHERMORE, Phoenix Hosting retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.