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Before signing up with our services, you must accept all the following terms and policies. Violating any of these terms and policies may result in the termination of your account. We reserve the right to cancel the account privileges to anyone who purposefully and repeatedly abuse the system. |
| 1.1 Service |
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PHILWEBHOSTING.NET is committed to offer all its clients excellent service and customer support. In order for us to continue providing these services, there has to be good communication and cooperation between us. The following policies and rules have been created in order for us to have a good relationship - as well as to keep the services running smoothly. You understand that by following these rules, you will be able to get the most out of our provided services, and that by violating any of these policies can result in the deactivation of your account with no refund. |
| 2.1. Liability |
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The client agrees to hold PHILWEBHOSTING.NET harmless from any claims resulting from the use of the service which damages the client or any other party. Any and all material within a client's account, is his/her property and responsibility (unless the material is copyrighted, trademarked, etc.). |
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PHILWEBHOSTING.NET shall have no liability whatsoever for any direct, indirect, incidental, special or consequential damages or losses (including, without information, or any other pecuniary loss) of the client that may result from the use or inability to access the Site or from the services provided by PHILWEBHOSTING.NET, or as a result of any errors, omissions, interruptions, power failures, computer viruses, data damage, deletion of files, defects, delays in operation, delays or failures of transmission, or any other failure of performance. |
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Under no circumstances shall PHILWEBHOSTING.NET be responsible for more than the aggregate peso amount paid by the client for the monthly service period during which the claim arose during the term of this Agreement. |
| 2.2. Violating Material |
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If material is found within a client's account, that is violating any of the policies and terms listed on this page, that client will be held liable for the content. |
| 3.1. Content |
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Any and all services provided by PHILWEBHOSTING.NET may be used for legal purposes only. This means that illegal material is strictly prohibited. Transmission, storage, or presentation of any information, data or material in violation of any Philippine law, is prohibited. Any data that violates international laws is forbidden as well. All content that we judge threatening or obscene, and/or materials protected by trade secret can and will be reviewed by PHILWEBHOSTING.NET. Any material that fits into any of the above and below cases may be deleted with no prior warning by PHILWEBHOSTING.NET. |
| 3.2. Unacceptable Content |
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PHILWEBHOSTING.NET forbids any material that are listed below. This includes links or any material referring to the following: |
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Adult Sites |
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Pirated software |
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Hackers' material |
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Child pornography |
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Warez Sites (Cracks to licensed software for example) |
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Illegal audio/video (illegal mp3, illegal recorded samples) |
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MP3 Distribution Sites |
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PHILWEBHOSTING.NET will be the sole arbiter as to what constitutes a violation of this provision. You will be notified in time, and you'll have to remove (censor) the material we'll point out, immediately. If PHILWEBHOSTING.NET needs to contact you for more than 3 times about a violation caused by you, your account will be terminated with no refund. |
| 3.3. Unacceptable Practices |
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Sending bulk email (SPAM, UCE) with your account. |
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Uploading, posting or reproducing in any way materials protected by copyright without the permission of the copyright holder. |
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Using your account to provide counter or other cgi related services to large quantities of people on the internet without the prior approval of PHILWEBHOSTING.NET |
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Allowing usage of PHILWEBHOSTING.NET’s resources for accounts hosted on other servers. A web site not hosted with PHILWEBHOSTING.NET could not use its account to reference or "hot link" graphics, midi, cgi, etc. from our server. |
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| 4.1. Through Traffic |
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You may not use our servers for through traffic. This means that if you want to download any material from a remote FTP server to your account directly (server to server), then this is not acceptable. This is usually done when a person wants to download illegal material, or material from a very popular website, whose FTP server is extremely slow. |
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If this policy is unclear to you, then please contact us with specific questions. |
| 5.1. Chat Software |
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We allow only chat software that is written in PHP/MySQL as long as it does not take too much system resources to operate. |
| 5.2. IRC and IRC Bots |
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We currently do not allow IRC or IRC bots to be operated on our servers. These tend to be huge system resource hogs. |
| 6.1. Crontabs |
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Crontabs are not allowed. |
| 6.2. Background Processes |
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We don't allow for clients to setup their own background programs. Background programs can and do slow down servers. |
| 7.1. Spam - Commercial Advertising Email |
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As long as multiple recipients haven't agreed to be on your mailing list, then spamming, or sending unsolicited email, from a PHILWEBHOSTING.NET server or using an email address that is maintained on a PHILWEBHOSTING.NET machine is STRICTLY prohibited. PHILWEBHOSTING.NET scans the system and will be the sole arbiter as to what constitutes a violation of this provision. |
| 8.1. Server Usage |
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Many things can slow down a server. In order to guarantee the fastest possible connections, we need to monitor our servers for processes that overload them. Any party that slows our servers down, can and will be notified. PHILWEBHOSTING.NET reserves the right to kill any process (i.e. end a software's execution) that is overloading a server, or slowing it down heavily. |
| 8.2. Server Abuse |
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Any attempts to undermine or cause harm to a PHILWEBHOSTING.NET server or client of PHILWEBHOSTING.NET is strictly prohibited, and is followed by deactivation of the offending account with no refund. |
| 8.3. Network and Server Usage |
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Any accounts using constantly more than 20% of the network and system resources will be notified. PHILWEBHOSTING.NET will ask those accounts (using over 20% constantly) to remove certain material if those accounts are willing to stay, else those accounts will be asked to leave in order for all other clients to be able to benefit from speed and fast performance. |
| 8.4. Traffic usage |
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All clients who exceed their traffic (bandwidth) will have their accounts automatically suspended. A short email reminder notice will be sent when traffic usage reaches 90% and 100% after which the account would be deactivated. Failure to receive this notification would not be considered as a reason for complaint. PHILWEBHOSTING.NET is not responsible for any loses users may have because of automatic site deactivation. It is the client's responsibility to monitor regularly his/her site through the control panel. |
| 9.1. 30 Day Money Back Guarantee |
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PHILWEBHOSTING.NET's 30 day money back guarantee is valid only on the first 30 days after account has been paid and set up. A valid complaint must be made and proven in order for a client to be eligible for a refund. PHILWEBHOSTING.NET is not responsible for a client's failure to use and test the server within the first 30 days after the account has been paid and set up. |
| 9.2. Acceptable Refunds |
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All refunds requested with a valid complaint will get a refund equivalent to the remaining unused months of the minimum quarterly payment paid. A valid complaint is determined by PHILWEBHOSTING.NET. These include but are not limited to: |
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PHILWEBHOSTING.NET server down for several days in a row
No service provided in over a week |
| 9.3. Unacceptable Complaints for Refund |
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Some clients will request refunds, whereas their reasons are not valid. These include, but are not limited to: |
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Slow connection caused by client's ISP/network
Client's ignorance and/or negligence
Already having logged in to his or her account many times
Non payment for service by customer |
| 10.1. Payments and Billing Cycle |
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PHILWEBHOSTING.NET's minimum billing cycle is quarterly or every 3 months. |
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Failure to settle succeeding quarterly fees will result in immediate account suspension.
Our billing software automatically suspends accounts Thirty (30) days after the due date.
Suspended accounts will be retained for 1 month. After such time, and the subscriber still fails to settle his/her account, all data and emails under the subscriber's account will be permanently deleted and account closed sixty (60) days after the invoice due date. Once an account has been terminated/deleted, all web site files, emails and log files can no longer be retrieved. |
| 10.2. Suspended Accounts |
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Suspended accounts include web and email services suspension. The home page will be replaced with a "Temporarily Unavailable" page, FTP and Email access will also be unavailable at this time. All incoming emails will be "bounced back" to the sender and cannot be retrieved once the account has been reactivated. PHILWEBHOSTING.NET holds no responsibility for lost emails or any data during the time an account is in suspended status. |
| 11.1. Domain name registrations |
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If a client registers a domain name through PHILWEBHOSTING.NET then he/she is responsible for the renewal and maintenance of the domain name. |
| 12.1. Violations |
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If a serious violation of any policy, warning and/or rule has been committed, PHILWEBHOSTING.NET reserves the right to block a user from our hosting services with no refund. |
| 13.1. Support and Help Desk |
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PHILWEBHOSTING.NET will handle technical support and pre-sales inquiries through email and the online help desk system only. Our technical support team will be available to answer requests from 10AM to 2AM Mondays to Sundays. PHILWEBHOSTING.NET does not provide support or pre-sales inquiries by phone. |
| 13.2. Support Limitations |
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PHILWEBHOSTING.NET Help Desk will provide support regarding server related issues only. All other technical concerns regarding a client account's site contents, web scripts and client side network or ISP related issues must be brought to the attention of the webmaster, web script's author and client's network administrator or ISP. |
| 14.1. Cancellations |
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PHILWEBHOSTING.NET will continue to provide service to a client, until a written cancellation notice is received from the client. A written notice must be sent by email. Client will be asked for random information to verify identity; until the client has not provided correct identity information, PHILWEBHOSTING.NET will not cancel the account. In order for a cancellation to be valid, PHILWEBHOSTING.NET must confirm the cancellation. It is client's responsibility to make certain that this confirmation is received. All confirmations by PHILWEBHOSTING.NET are made via email (not by phone, not by FAX, not by regular mail or any other method). |
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PHILWEBHOSTING.NET requires a 30 days advanced termination notice for the cancellation to be effective. No refunds will be granted. Account terminations will always be towards the end of the quarter already paid. |
| 15.1. Policy Revisions |
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Any contents on this page is subject to change without prior notice. Client is responsible for regularly reviewing these Terms of Service and Acceptable Use Policy. Continued use of PHILWEBHOSTING.NET's services following any such changes shall constitute the Client's acceptance of such changes. |
