PHSHOST agrees to provide the services stated for the price agreed at any
given time. We do not miss lead customers with hidden costs unlike many other
web hosting companies.
All customers are responsible for monitoring their storage space and
bandwidth transfer each month. Customers who go over the limit of their account
will be sent an email with the option to either upgrade their account or reduce
store and or storage. If customers continue to go over we will do everything
possible to fix the problem. We do hold to right to ban accounts for continuous
problems. If customers sign up for an account and cancel it within the first
month they will still be charged for the full first month.
Billing and Payment.
Fees Due. You
will pay to PHSHOST all fees for the Services set forth in the
registration form presented to you at the time you order the Services
and for all fees for subsequent Renewal Periods at the time of renewal.
Price Increases. PHSHOST
may increase the fees for the Services (i) in the manner permitted in
the applicable description of the particular Service published by
PHSHOST on the PHSHOST website or in a promotional offer (the "Service
Description") and (ii) at any time on or after expiration of the Initial
Term by providing thirty (30) days prior written notice to you. Written
notice may be in the form of (i) notices and updates provided through
the Subscriber billing tool provided as part of the Services, (ii)
notices and updates otherwise provided through the Services, or (iii)
notifications of pricing for renewal terms. It is your sole
responsibility to periodically review billing-related information
provided by PHSHOST through the Subscriber billing tool or other methods
of communications and notices sent or posted by PHSHOST.
advertised fees do not include any applicable sales, use, revenue,
excise or other taxes imposed by any taxing authority with respect to
the Services provided hereunder. All such taxes may be added to
PHSHOST's invoices for the fees as separate charges to be paid by you.
All fees are non-refundable when paid except as otherwise provided
renewals. By purchasing the Services, you agree to allow PHSHOST to
place your account on a recurring payment plan. The account will
automatically be re-billed according to the term length of the Services
you select. For Services with term lengths of three (3) months or
longer, PHSHOST shall provide notice of the upcoming charge to
Subscriber no later than thirty (30) days prior to the payment date for
each Renewal Period. This notification will be sent to the contact email
address on file for the Account. In the case of insufficient funds to
charge such amount, we will attempt to collect at a partial term
quantity (not changing your current term) to avoid an interruption in
you disable the automatic renewal option, we will automatically renew
the Services up to fifteen (15) days before your renewal date and will
take payment from the payment method we have on file.
VPS and Dedicated
Accounts. As a courtesy and not as an obligation, PHSHOST will
automatically renew Subscriber's VPS or Dedicated Hosting Account by
charging the applicable fee for the regular rate to Subscriber's current
method of payment on file. For VPS or Dedicated Hosting accounts with a
term of three (3) months or greater, this renewal will occur fifteen
(15) days prior to the expiration of Subscriber's Hosting Account. For
accounts with a Term of one (1) month, this renewal will occur
twenty-four (24) hours prior to the expiration of Subscriber's Services.
For Services with term lengths of three (3) months or longer, PHSHOST
will provide notice of the upcoming charge to Subscriber no later than
thirty (30) days prior to the payment date. In the event that a VPS or
Dedicated Hosting Account that has been set to manual renewal by
Subscriber expires, the account will be suspended seven (7) days after
expiration if no payment is received. If the account has not been
renewed after fourteen (14) days have elapsed following expiration, the
account will be terminated.
Add-On Services. If
you purchase certain add-on services from PHSHOST such as Domain
Privacy, SSL certificates or SiteLock, you may be required to apply the
Service to a specific domain name to begin using the Service. PHSHOST is
not responsible if you fail to apply an add-on to a domain name and will
not provide refunds for any purchased but unused Services.
Failure to Pay.
If you fail to pay the fees due, we may suspend or terminate your
Services and pursue the collection costs incurred by PHSHOST, including
without limitation, any arbitration and legal fees and PHSHOST's
reasonable attorneys' fees. If any check is returned for insufficient
funds, PHSHOST may impose a minimum processing charge of $25.00 plus any
applicable taxes. Accounts will not be activated or reactivated until
all outstanding amounts are paid.We
are not responsible for any deleted or lost Subscriber Content that
results from any suspension or reactivation. Dedicated servers are
subject to being reclaimed and all content deleted if you fail to make a
timely payment. If you make a late payment we do not automatically
reactivate the dedicated servers. Contact PHSHOST directly after you
make a late payment to reactivate the dedicated server.
Fraud. It is a
violation of this Agreement for you to misuse or fraudulently use credit
cards, charge cards, electronic funds transfers, and/or electronic
checks. We may report all such misuses and fraudulent uses (as
determined by us in our sole discretion) to appropriate government and
law enforcement authorities, credit reporting services, financial
institutions and credit card companies.
30 Day Money-Back
If you purchase an account with a thirty (30) day money-back
guarantee, you may receive a full refund of all basic hosting fees
paid (the "Money-back Guarantee Refund") if you cancel within the
first thirty (30) days of the Initial Term (the "Money-back
Guarantee Period") and make a written request to PHSHOST for such
refund. The Money-back Guarantee Refund shall only accrue and be due
to you upon your compliance with, and subject in all respects to,
the terms and conditions of this section. Money-back Guarantee
Refunds only apply to basic hosting services and do not apply to
domain registration fees (except as set forth below during the first
3 days of registration), setup fees, or any fees for additional
Fees paid by Subscriber in connection with the purchase of add-on
services, including without limitation, SSL certificates, AppMachine,
Site Backup Pro, Pay Per Click Marketing (PPC), cPanel QuickStart,
WordPress QuickStart, Site Doctor, website transfer, Design Service
Standard, Design Service Plus, Design Service Premium, SEO Package,
SiteLock, Constant Contact, domain privacy, and domain names are
non-refundable, as are payments made by check for $10.00 or less due to
processing fees, unless otherwise expressly provided.
within First 3 Days of Registration. In the event Subscriber cancels
the Services within three (3) calendar days of registration and requests
a refund in compliance with the terms and conditions of this section,
Subscriber will receive a Money-back Guarantee Refund. In addition,
Subscriber has the option, but not the obligation, to retain ownership
and control of any promotional "Free Domain Name" registered in
connection with the subscription, in which case Subscriber's refund will
be reduced by $15.99 per domain name.
After 3 Days and Before 30 Days.
In the event Subscriber cancels the Services after the expiration of
three (3) calendar days, but prior to the expiration of thirty (30)
calendar days, Subscriber will receive a Money-back Guarantee Refund
subject to the following:
Free Domain Names: If Subscriber registers any domain name as part
of a "Free Domain Name" promotion in connection with the
registration, Subscriber's refund will be reduced by $15.99 per
domain name. Subscriber will retain full ownership and control of
any such domain names.
Any fees paid by Subscriber for a Dedicated IP will be refunded at a
prorated rate based on the registration date, the length of service,
and the date of cancellation.
After 30 Days. PHSHOST does not offer refunds for cancellations that
occur after thirty (30) calendar days.
Any attempt to undermine or cause harm to a server or customer of PHSHOST is
PHSHOST will strongly react to any use or attempted use of an Internet
account or computer without the owner's authorization. Such attempts include
'Internet scamming' (tricking other people into releasing their passwords),
password theft, security hole scanning, etc.
Any unauthorized use of accounts or computers by YOU, whether or not the
attacked account or computer belongs to PHSHOST, will result in action against
YOU. Possible actions include warnings, account suspension or cancelation, as
well as civil or criminal legal action, depending on the seriousness of the
IMPORTANT NOTE - PHSHOST has the right to discontinue service, or deny access
to anyone who violates our policies or the terms and conditions shown below
WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account
termination is due to violation of the terms outlined below.
YOU may not run IRC, bots or clients on shared servers. Unacceptable uses
also include, but are NOT limited to: Bulk emailing, unsolicited emailing,
newsgroup spamming, upload scripts (Rappidleach), illegal content, copyright
infringement, trademark infringement, warez sites (including links to/from),
cracks, software serial numbers, proxy-relaying, link farming (the act of or by
use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All)
and/or anything else determined by PHSHOST to be unacceptable use of our
services including abuse of server resources.
WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS - All web applications that are
out-of-date and actively being exploited will be shut down immediately without
prior notice. YOU are responsible for and should evaluate YOUR web-based
applications and scripts on a regular basis to ensure their security and
Shared hosting accounts may also be terminated if it includes the following
content or have links to the following content: Providing material that is
grossly offensive to the Web community including blatant expressions of bigotry,
racism, hatred, or profanity; promoting or providing instructional information
about illegal activities; promoting physical harm or injury against any group or
individual; displaying material containing obscene material (not applicable to
managed dedicated servers); displaying material that exploits children under
18-years of age; acts of copyright infringement including offering pirated
computer programs or links to such programs; information used to circumvent
manufacturer-installed copy-protect devices, including serial or registration
numbers for software programs, or any type of cracker utilities.
This AUP governs the use of PHSHOST's web hosting service. Violation of this
AUP may result in suspension or termination of your service. In the event of a
dispute between you and PHSHOST the interpretation of this AUP,
PHSHOST's interpretation, in its reasonable commercial judgment, shall govern.
The following is the entire Acceptable User Policy ('AUP') agreement between
PHSHOST and the personal or corporate account holder. PHSHOST provides World
Wide Web Hosting, web design and script installation. PHSHOST has certain legal
and ethical responsibilities consisting with the use of its servers and
equipment involved in these services. PHSHOST's general policy is to act as a
provider of Internet presence. PHSHOST reserves the rights to suspend or cancel
a customer's access to any or all services provided by PHSHOST when we decide
that the account has been inappropriately used.