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Hosting.ph Terms of Service and Acceptable
Use Policy
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
Hosting.ph 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
The client agrees to hold Hosting.ph
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.).
Hosting.ph 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 Hosting.ph, 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.
Under no circumstances shall Hosting.ph 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
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
Any and all services provided by Hosting.ph
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 Hosting.ph. Any material that fits into any of
the above and below cases may be deleted with no prior warning
by Hosting.ph.
3.2. Unacceptable Content
Hosting.ph forbids any material that
are listed below. This includes links or any material referring
to the following:
1. Adult Sites
2. Pirated software
3. Hackers' material
4. Child pornography
5. Warez Sites (Cracks to licensed software for example)
6. Illegal audio/video (illegal mp3, illegal recorded samples)
7. MP3 Distribution Sites
Hosting.ph 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 Hosting.ph 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
- Sending bulk email (SPAM,
UCE) with your account.
- Uploading, posting or reproducing
in any way materials protected by copyright without the permission
of the copyright holder.
- Using your account to provide counter
or other cgi related services to large quantities of people
on the internet without the prior approval of Hosting.ph
- Allowing usage of Hosting.phs
resources for accounts hosted on other servers. A web site not
hosted with Hosting.ph could not use its account to reference
or "hot link" graphics, midi, cgi, etc. from our server.
4.1. Through Traffic
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.
If this policy is unclear to you, then please contact us with
specific questions.
5.1. Chat Software
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
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
Crontabs are not allowed.
6.2. Background Processes
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
As long as multiple recipients haven't
agreed to be on your mailing list, then spamming, or sending unsolicited
email, from a Hosting.ph server or using an email address that
is maintained on a Hosting.ph machine is STRICTLY prohibited.
Hosting.ph scans the system and will be the sole arbiter as to
what constitutes a violation of this provision.
8.1. Server Usage
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. Hosting.ph
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
Any attempts to undermine or cause
harm to a Hosting.ph server or client of Hosting.ph is strictly
prohibited, and is followed by deactivation of the offending account
with no refund.
8.3. Network and Server Usage
Any accounts using constantly more
than 20% of the network and system resources will be notified.
Hosting.ph 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
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. Hosting.ph 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
Hosting.ph'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. Hosting.ph 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
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 Hosting.ph. These include but are not limited
to:
Hosting.ph server down for several days in a row
No service provided in over a week
9.3. Unacceptable Complaints for Refund
Some clients will request refunds,
whereas their reasons are not valid. These include, but are not
limited to:
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
Hosting.ph's minimum billing cycle
is quarterly or every 3 months.
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
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. Hosting.ph holds no responsibility for
lost emails or any data during the time an account is in suspended
status.
11.1. Domain name registrations
If a client registers a domain name
through Hosting.ph then he/she is responsible for the renewal
and maintenance of the domain name.
12.1. Violations
If a serious violation of any policy,
warning and/or rule has been committed, Hosting.ph reserves the
right to block a user from our hosting services with no refund.
13.1. Support and Help Desk
Hosting.ph 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. Hosting.ph does not provide support
or pre-sales inquiries by phone.
13.2. Support Limitations
Hosting.ph 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
Hosting.ph 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,
Hosting.ph will not cancel the account. In order for a cancellation
to be valid, Hosting.ph must confirm the cancellation. It is client's
responsibility to make certain that this confirmation is received.
All confirmations by Hosting.ph are made via email (not by phone,
not by FAX, not by regular mail or any other method).
Hosting.ph 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
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 Hosting.ph's services following any
such changes shall constitute the Client's acceptance of such
changes.
If you have any questions about our T.O.S and A.U.P.
Please do not hesitate to contact
us.
For Yahoo Mail users : Please check your "Bulk/Spam Mail" folder if you cannot find our reply in your main inbox folder. Open the message and click the "Not Spam" button to transfer the email to your main inbox folder. Thank You.
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