PhastNet Terms of Service (TOS) - Web Site Hosting
PhastNet provides web hosting to numerous clients, and we have a responsibility to protect each client and provide the best services available. The following guidelines were designed to insure these services:
Content:
All services provided by PhastNet 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. Customer agrees that PhastNet will not be liable to Customer for any claims or damages which may be suffered by Customer. The subscriber agrees to indemnify and hold harmless PhastNet from any claims resulting from the use of the service which damages the subscriber or any other party.
Note: Pornography and sex-related merchandising are prohibited on any PhastNet server. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited.
Examples of non-acceptable content or links:
Pirated software / warez sites
Hackers programs or archives
Pornography sites
Proxy Server software
PhastNet will be the sole arbiter as to what constitutes a violation of this provision.
Contract:
The contract between the customer and PhastNet is normally month to month unless the customer indicates quarterly, semi-annual, or annual billing on their order form. Our normal billing date is on the first of each month, so the customer's signup invoice will normally include a pro-rated amount to pay for the partial month, and then their package will renew on the first of the next month. All services are to be paid for in advance. If the customer is paying with a credit card, the charges will automatically be deducted from their account approximately 48 hours before the renewal date. In event that the credit card is declined the customer will be notified via e-mail and given 48 hours to provide an alternate form of billing. At the end of the 48 hour grace period the account will be temporarily turned off and a reconnect charges may apply in order to have the account turned back on. In the event the account fees are not paid within 14 days the web hsoting account will be removed from our servers.
Each of PhastNet's hosting packages comes with a 30 day money back guarantee. If you are not completely satisfied with our services, please let us know within the first 30 days of your contract. You will be given a full refund of the contract amount excluding setup fees and overages.
Setup fees are refundable for the following reasons only: (a) the account order is canceled prior to activation; or (b) the domain name was not available at the InterNIC.
For monthly web hosting contracts, the full contract amount less any setup fees and overages will be refunded if PhastNet is notified within the first 30 days following activation. No refund is available after the 30th day. For web hosting contracts longer than 1 month, the full contract amount less any setup fees and overages will be refunded if PhastNet is notified within the first 30 days following activation. After the 30th day, a refund is available for any full months of unused service, as long as the account is cancelled at least 48 hours prior to the unused month. Refunds for partial months of service are not available.
Cancellation requests may be made at any time. Only unused fees will be considered for refund if deemed appropriate by PhastNet. Cancellation requires 48 hours written notice. This notice may be sent via e-mail from the e-mail address of record for the account and it must contain the account password. Cancellation requests may also be faxed to our office or sent via snail mail, they too must contain the account password. Once the cancellation notice is received you will be mailed back a cancellation confirmation notice. If you have not received this notice within 48 hours of the cancellation date you will need to contact us again to confirm cancellation.
Traffic:
We are pleased to offer our clients a huge amount of web site traffic with all hosting accounts. Our generous traffic allowances are from 5x to 35x normal monthly traffic usage, depending on the size of the account ordered. In order to protect the integrity of our servers, certain limitations apply.
* Sites are limited to no more than 20 gigabytes per month of 'Anonymous FTP' transfer as this is very resource intensive.
* Sites that are reselling their space are limited to 20 gigabytes of monthly transfer, unless a reseller account has been purchased.
* Sites using more than 20% of system resources may be forced to upgrade to a dedicated or VPS server.
If you are in danger of going over your limit you will be notified via e-mail at least 7 days in advance when possible, so you have plenty of time to address the issue. Once you have exceeded your traffic limit, your account will be automatically billed for the overages. Over limit data transfer costs are $3/gigabyte once you exceed your limit. Additional traffic may also be purchased at discounted rates in larger blocks.
PhastNet will be the sole arbiter as to what constitutes a violation of this provision.
Reselling of Domain Space
We are pleased to be able to allow our customers to resell the extra space on their sites. Customers who choose to do this are limited to 20 gigabytes of transfer per month, unless a reseller account has been purchased.
Background running programs - IRC
We may allow programs to run continually in the background, these are considered on a one to one basis and a extra charge will be incurred based on system resources used and operational maintenance needed.
We currently do not allow IRC or IRC bots to be operated on our servers.
Proxy server programs/scripts
Our servers can NOT be used as a proxy server. Any program or script that uses our server as a proxy server will be disabled and possible site suspension or termination may occur.
Commercial Advertising - Email:
Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. We also consider any mass unsolicited message in the mediums of newsgroups and e-mail as spam. If you are found to have spammed, then we reserve the right to immediately, without warning, disable your account. We reserve the right to refuse or cancel service to known spammers. We reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. Moreover, any site selling or promoting bulk e-mail software, service, or addresses is forbidden.
*NOTE: Spamming is grounds for IMMEDIATE deactivation with NO refund of fees.
Server abuse:
Any attempts to undermine or cause harm to a PhastNet server or customer of PhastNet is strictly prohibited. Any sub-networks of PhastNet and all dedicated and VPS server customers must adhere to the above policies.
If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation. We reserve the right to remove any account with 5 days prior notice.
Lawful Purpose:
PhastNet reserves the right to refuse service to anyone. Customers may only use PhastNet servers for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. PhastNet expressly forbids anyone from using PhastNet servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of PhastNet management.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold PhastNet harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against PhastNet, 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 PhastNet against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with PhastNet servers; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from PhastNet servers.
Disclaimer:
PhastNet will not be responsible for any damages your business may suffer. PhastNet makes no warranties of any kind, expressed or implied for services we provide. PhastNet disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by PhastNet and its employees. PhastNet reserves the right to revise its policies at any time.
All sub-networks, resellers, dedicated and VPS server customers of PhastNet must adhere to the above policies.
Failure to follow any term or condition will be grounds for immediate account deactivation without refund.