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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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