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terms of service

Phoenix Network Systems - Terms

Phoenix Network Systems and all subsidiaries agree to provide you, the Customer, the best services possible. We are committed to excellence and will be happy to resolve any issues or concerns you may have. For assistance or to discuss services rendered, please contact our customer service division: info@phoenixnetworksystems.net. Purchases consist mainly of services or software and therefore all purchases are non-refundable.

LIMITATION OF LIABILITY

You agree that Phoenix Network Systems's entire liability to You under this Agreement, and Your only remedy, in connection with any service provided by Phoenix Network Systems to You under this Agreement, and for any breach of this Agreement by Phoenix Network Systems, shall be limited to the fees You paid to Phoenix Network Systems for Web Hosting services. Phoenix Network Systems shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Your website or Phoenix Network Systems's servers. You agree to take full responsibility for all taxes and fees of any nature associated with such products sold. Our Involvement in Disputes. We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us s a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.

DISCLAIMER OF WARRANTIES.

Phoenix Network Systems EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

TERM OF AGREEMENT; MODIFICATIONS

The term of this agreement shall continue in full force and effect as long as Phoenix Network Systems is providing Web Hosting services to You.

You agree that Phoenix Network Systems may modify this Agreement from time to time. For the most current version of this agreement, refer to Phoenix Network Systems's website. Phoenix Network Systems may also discontinue services it provides under this Agreement. You agree to be bound by any changes Phoenix Network Systems may reasonably make to this Agreement when such changes become effective.

 


Web Site Hosting, Design, and Promotion License Agreement

This Web Site Hosting Agreement ('Agreement') is by and between Phoenix Network Systems ('Phoenix Network Systems'), a Texas Corporation, and you, your heirs, assigns, agents and contractors ('You' or "Customer") and is effective upon clicking the "I Accept" button or signing the paper agreement. This Agreement sets forth the terms and conditions of Your use of Phoenix Network Systems's Web Site Hosting ('Web Hosting') services and represents the entire agreement between You and Phoenix Network Systems. By using Phoenix Network Systems's Web Hosting services, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies which Phoenix Network Systems may establish from time to time.

1. FEES

As consideration for the services purchased by You and provided to You by Phoenix Network Systems, You agree to pay Phoenix Network Systems a monthly fee. Your monthly billing date will be determined based on the day of the month You establish Your Web Hosting relationship with Phoenix Network Systems unless that date falls after the 28th of the month in which case Your billing date will be the 28th of each month. Payment is to be made by You providing a check, money order, cash, or valid credit card for charge by Phoenix Network Systems, and is nonrefundable. If for any reason Phoenix Network Systems is unable to charge your credit card with the full amount of the service provided, or if Phoenix Network Systems is charged back for any fee it previously charged to the credit card You provided, You agree that Phoenix Network Systems may pursue all available remedies in order to obtain payment.

You agree that You will be responsible for notifying Phoenix Network Systems should you desire to terminate Your use of Phoenix Network Systems's Web Hosting services. Notification of Your intent to terminate must be provided to Phoenix Network Systems no earlier than 10 days prior to You billing date but no later than three days prior to Your billing date. In the absence of notification from You, Phoenix Network Systems will automatically continue Web Hosting services indefinitely and will bill your or charge your credit card You have on file with Phoenix Network Systems, at Phoenix Network Systems's then current rates. It is Your responsibility to keep your credit card information current, including the expiration date. In the event You terminate, moving your web site off of the Phoenix Network Systems hosting servers is Your responsibility. Phoenix Network Systems will not transfer or FTP Your web site to another provider.

2. TERM OF AGREEMENT; MODIFICATIONS

The term of this agreement shall continue in full force and effect as long as Phoenix Network Systems is providing Web Hosting services to You.

You agree that Phoenix Network Systems may modify this Agreement from time to time. For the most current version of this agreement, refer to Phoenix Network Systems's website. Phoenix Network Systems may also discontinue services it provides under this Agreement. You agree to be bound by any changes Phoenix Network Systems may reasonably make to this Agreement when such changes become effective.

3. DESCRIPTION OF SERVICE

Phoenix Network Systems currently provides Web Hosting services to its customers for a monthly fee. Phoenix Network Systems will host Your web site on Phoenix Network Systems's Web Hosting servers, provided, however, You abide by the terms and conditions set forth herein and in each of Phoenix Network Systems's policies and procedures.
You are responsible for ensuring that Your web site conforms to all local, state, federal, and international laws. Further, You are responsible for ensuring the legal copyright to any images, text, or other web site elements that are not provided by Phoenix Network Systems. Both You and Phoenix Network Systems acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Phoenix Network Systems can make no guarantee that any given reader shall be able to access Phoenix Network Systems's server at any given time.

Phoenix Network Systems shall make no effort to validate any information you post for content, correctness, or usability. You agree that You have the necessary knowledge to create and manage Your website. You agree that it is not the responsibility of Phoenix Network Systems to provide this knowledge or Customer Support outside of the defined service of Phoenix Network Systems web hosting.

Phoenix Network Systems makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Phoenix Network Systems also disclaims any warranty of merchant-ability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by You, including loss of data resulting from delays, non-deliveries, or service interruptions by any cause or errors or omissions of You. Use of any information obtained by way of Phoenix Network Systems is at Your own risk, and Phoenix Network Systems specifically denies any responsibility for the accuracy or quality of information obtained through its services.

4. YOUR OBLIGATIONS

You agree that You have provided accurate, current and complete information in the application process and that You will notify Phoenix Network Systems within five (5) business days when any of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Phoenix Network Systems to determine the validity of information provided by You, will constitute a material breach of this Agreement.

If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Phoenix Network Systems has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Phoenix Network Systems has the absolute right, in its sole discretion, to terminate its Web Hosting services and close Your account.

You warrant that each application You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name. You also warrant that the web site being hosted by Phoenix Network Systems will not be used in connection with any illegal activity. You certify that You are at least 18 years of age, or that Your parent or legal guardian will act as the customer in terms of this contract.

You agree to make use of Phoenix Network Systems servers primarily for the purpose of hosting a website, and associated e-mail functions. Servers are shared with other customers, and as such, IRC-related activities or severely CPU intensive CGI scripts (e.g. chat scripts, scripts which have bugs causing them to not close properly after being run) are not encouraged. IRC bots specifically may not be run on any Phoenix Network Systems server, and if your processes are adversely affecting server performance disproportionately, Phoenix Network Systems reserves the right to negotiate additional charges with You and/or discontinue the offending processes.

You are responsible for and must provide all telephone, computer, hardware, and software equipment and services necessary to access Phoenix Network Systems's servers. Phoenix Network Systems makes no representations, warranties, or assurances that Your equipment will be compatible with Phoenix Network Systems servers.

6. Phoenix Network Systems'S RIGHTS

Phoenix Network Systems explicitly reserves the right and sole discretion to: a. Censor any web site hosted on its Web Hosting servers that, in Phoenix Network Systems's sole discretion, is deemed inappropriate; b. Review every Web Hosting account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels; c. Modify its pricing through email notification; d. Terminate Your Web Hosting service for unsolicited, commercial e-mailing (i.e., SPAM); illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; nonpayment of Web Hosting fees; and other activities whether lawful or unlawful that Phoenix Network Systems determines to be harmful to its other customers, operations, or reputation; e. Terminate Your Web Hosting service if the contents of Your web site result in, or are the subject of, legal action or threatened legal action, against Phoenix Network Systems or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.

You agree to indemnify and hold harmless Phoenix Network Systems for any complications arising out of Your use of Phoenix Network Systems's Web Hosting services, including actions Phoenix Network Systems chooses to take to remedy Your improper or illegal use of a web site hosted by Phoenix Network Systems. You agree You will not be entitled to a refund of any fees paid to Phoenix Network Systems if, for any reason, Phoenix Network Systems takes corrective action with respect to Your improper or illegal use of its Web Hosting services.

7. DISPUTE RESOLUTION POLICY

You agree to be bound by Phoenix Network Systems's current Dispute Resolution Policy.

You agree that if a dispute arises as a result of one or more web sites Phoenix Network Systems is hosting for You, You will indemnify, defend and hold Phoenix Network Systems harmless for damages arising out of such dispute. You also agree that if Phoenix Network Systems is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a web site hosted by Phoenix Network Systems, that Phoenix Network Systems, in its sole discretion, may take whatever action Phoenix Network Systems deems necessary regarding further modification, assignment of and/or control of the web site to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled

10. LIMITATION OF LIABILITY

You agree that Phoenix Network Systems's entire liability to You under this Agreement, and Your only remedy, in connection with any service provided by Phoenix Network Systems to You under this Agreement, and for any breach of this Agreement by Phoenix Network Systems, shall be limited to the fees You paid to Phoenix Network Systems for Web Hosting services. Phoenix Network Systems shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Your website or Phoenix Network Systems's servers. You agree to take full responsibility for all taxes and fees of any nature associated with such products sold. Our Involvement in Disputes. We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us s a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.

11. INDEMNITY

You agree to release, defend, indemnify and hold harmless Phoenix Network Systems and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding, suit or demand arising out of or related in any way to Your account with Phoenix Network Systems and/or Your use of the Web Hosting services provided by Phoenix Network Systems.

13. DISCLAIMER OF WARRANTIES.

Phoenix Network Systems EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

14. SEVERABILITY

You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.

15. TRANSFER
You may not transfer this contract without the written consent of Phoenix Network Systems.

16. VENUE; WAIVER OF TRIAL BY JURY

THIS AGREEMENT SHALL BE DEEMED ENTERED INTO IN THE STATE OF TEXAS. THE LAWS AND JUDICIAL DECISIONS OF HARRIS COUNTY, TEXAS, SHALL BE USED TO DETERMINE THE VALIDITY, CONSTRUCTION, INTERPRETATION AND LEGAL EFFECT OF THIS AGREEMENT. YOU AGREE THAT ANY ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT, SHALL BE BROUGHT IN THE COURTS OF HARRIS COUNTY, TEXAS.

YOU AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEDING THAT TAKES PLACE RELATING TO OR ARISING OUT OF THIS AGREEMENT.

17. NOTICES

You agree that all notices (except for notices concerning breach of this Agreement) from Phoenix Network Systems to You may be posted on our web site. Notices concerning breach will be sent either to the email or postal address you have on file with Phoenix Network Systems. In either case, delivery shall be deemed to have been made five (5) days after the date sent.
Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by You upon Your next payment as specified in Section - Fees.

Notices from You to Phoenix Network Systems shall be made either by email, sent to the address we provide on our web site, or first class mail to our address at:

Phoenix Network Systems
Attn: Client Services
PO Box 12007
Spring, TX 77391

Copyright © 2002 Phoenix Network Systems All Rights Reserved.

 

 

 
 

 

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