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Last update February 1st 2010

Terms of Service applies automatically to all Philhosting Company Ltd. [hereafter referred to as "Philhosting"] clients upon subscription to the Services including subscription through a third party or any commercial partner. BY SUBSCRIBING TO OUR SERVICES, YOU ACCEPT THE POLICIES LISTED IN THIS DOCUMENT AND ACCEPT TO RESPECT THEM. The service order is described as the package description as presented on the web site or the " service order " document in case of dedicated server services.

1. General

Philhosting, agrees to provide services described in the Service Order(s) signed by the parties(“Services”) to the customer subject to the following Terms of Service. Use of our services constitutes acceptance and agreement to these Terms of Service and all attachments. We will make all reasonable efforts to provide a quality service to our Customer.

We agrees to provide the client web hosting for a monthly/quarterly/semi-annual/annual fee. We will never require clients to advertise for Philhosting 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. Philhosting reserves the right to change this agreement at any time without notice.

2. ACCOUNTS CAN BE REFUSED AND/OR DISCONTINUED AT PHILHOSTING DISCRETION.

This is a very careful and secure company and WE WILL check your customer input to confirm your information. Any irregularities will be cause for refusal. We do not have instant activation for this reason. but we do have HIGHLY satisfied customers on a clean service as a result.

Violation of any of Philhosting'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.

3. Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with Philhosting, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date.

Philhosting is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

4. Transfers
Our technical support team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.

The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the technical support department with specific details to receive a price quote.

5. Contents

All services provided by Philhosting may be used for lawful purposes only.

Transmission, storage, or presentation of any information, data or material in violation of any Philippines (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 customer agrees to indemnify and hold harmless Philhosting from any claims resulting from the use of the service which damages the subscriber or any other party.

Examples of unacceptable Contents or Links on all Shared, Reseller, VPS, and Dedicated Server:

Account will be automatically terminated with or without any notice if found out any of unacceptable contents listed above.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Philhoting may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.

If in doubt regarding the acceptability of your site or service, please contact us at abuse@philhosting.net and we will be happy to assist you.

Any site found to host pornography or linking to pornography will be suspended immediately without notice.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

Background Running Programs

Philhosting doesn't allow background-running programs. This includes any IRC related software such as bouncers and bots.

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, Philhosting 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 Philhosting's Services may be subject to protection under the Republic of the Philippines (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 Philhosting 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 Philhosting Network. If you use a domain name in connection with the Philhosting 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.

Spam or Unsolicited E-Mail

You must not use the Philhosting Network, Philhosting equipment or any Philhosting 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 Philhosting Network, Philhosting Company Ltd. equipment or any Philhosting 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, Philhosting reserves the right to disable your domain with or without warning. In addition, Philhosting may impose a P1,000 penalty for each spam policy violation. Philhosting solely reserves the right to refuse or cancel service to known spammers. Lastly, Philhosting 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 Philhosting server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without any refund. In addition, we will pursue all attempts to the fullest extent of the law.

Backup and Account Restoration

Client are solely and entirely responsible, and Philhosting is in NO way responsible, for the management and backup of all client's data, and all updates, upgrades, and patches to any software that customers use in connection with Philhosting services.

We strongly recommend that you always backup your account to keep copies of your data off-site with you for emergency purposes. Philhosting shall not be liable for loss of data under any circumstance.

Philhosting will charge a one-time fee of P500 for account restoration.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Philhosting (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Philhosting, 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 Philhosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Philhosting 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 Philhosting to the amount paid for service.

Free Domain Offers

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 6 months. If you stay for 6 months or longer and then decide to leave you are free to take the domain at no charge. If you do not stay for 6 months you will be required to pay the full price of the domain name before your account can be cancelled.

Unlimited Service Hosting Terms

The use of the any unlimited disk space or bandwdith package is subject to the following terms:

System resources

The most important limitation of a shared web hosting service is the resources allocation. System resources are mainly CPU RAM, which are used by softwares and your websites.

Philhosting limits its customers to a 2% system resource usage. It is a maximum of 2% of the total system resources that can be used by a single customer. That applies to all clients hosted on the same server.

If client account uses too much system resources it will be temporarily suspended to avoid any server problems that affects other clients hosted in the server and technical support staff will notify the client.

In this situation, client have only two (2) solutions. Client can fix the situation by using less system resources of thier site content or client can migrate to a Dedicated Server or Virtual Dedicated server. In some cases, where the use of resources would reduce the availability of services to other customers, client only given a maximum 72 hours to fix the situation or else account will be permanently terminated.

These rules are written to prevent misuse of the Philhosting's offers (bandwidth, disk space and system resources) in order to give assure your entire satisfaction using the amazing Philhosting web hosting offers.

Server Limits

News and Updates

News and any updates for in any of Philhosting services will be posted in our website http://www.philhosting.net

Third-Party Application Support

Philhosting will not guarantee or provide any technical support for any free third-party web application available in CPanel, Fantastico and Plesk control panel such as Forums, Blogs, Cart, etc.

Refund and Cancellation Policy

For payment, Philhosting accepts Visa, MasterCard, Discover, American Express or PayPal. Philhosting invoices exclusively via e-mail. Philhosting 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) days (from the account subscription date) 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/plans by Philhosting that is listed on our site. You may cancel for any reason. Refunds are not available for account renewal or if the account has violated any terms on this page.

If after thirty (30) days from the start of your account subscription you wish to cancel your hosting account, you will receive no refund of any monies already paid to Philhosting Company Ltd.

No refunds are available on SSL Certificates, Domain registrations and transfers or Dedicated server and VPS payments.

Late Payment

All payments are due in full on the monthly anniversary date. Failure to remit payment for services within fifteen (15) consecutive days including the monthly anniversary date shall result in automatic temporary suspension of the account without any notice.

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.

Cancellation

You must use only one of following methods to deliver a official written notice of cancellation: Please send an official cancellation request through email or personally to our office. On receipt your account will be pending cancellation within 24 hours. Please include your Name, domain name, username, password and your reason for canceling.

Disclaimer

Philhosting will not be responsible for any damages your business may suffer. Philhosting makes no warranties of any kind, expressed or implied for services we provide. Philhosting 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 Philhosting and its employees. Philhosting makes a 99.9% Uptime guarantee.

Philhosting keeps daily backups of their servers. Philhosting can accept no responsibility for any loss of data or consequences arising from this. Philhosting always advises clients to back up their site data regularly for its own protection.

Philhosting furthermore expects that its customers who provide hosting services (resellers) to others will ensure its customers fully comply with all applicable laws concerning the privacy of online communications and any other policy of Philhosting. A customer's failure to comply with those laws will violate this policy.

If a customer provides hosting services (resellers) to others and decides to cancel their reseller hosting account with Philhosting then Philhosting will not be responsible for maintaining hosting for the resellers customers.

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

Failure to comply with any of our terms & conditions will result in grounds for immediate account termination without any notice.

Rights reserve

Philhosting 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.


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Philhosting offers reliable, affordable dedicated and shared web hosting Linux) for both personal websites. We provide cheap, secure domain hosting packages ranging from very basic, shared hosting to high bandwidth and high storage dedicated hosting. We also provides affordale Domain registration, Web design and devevelopment, Dedicated server and local hosting for Asia-Pacific region.
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