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Terms Of Service

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This Web Hosting Agreement is between Philwebhosting.Net and the person/persons who use our website hosting and domain service. Please read carefully to ensure you understand our terms before purchasing any of our products or services.

By purchasing and/or using the Services in any manner, you represent that you have read, understand, and agree to all terms and conditions set forth in this Agreement, and that you are at least eighteen (18) years old and have the legal ability to engage in a contract.

If you do not agree to all the terms and conditions set forth in this Agreement, then you may not use any of the Services we offer. If you are already a customer of Philwebhosting.Net and do not agree with the terms and conditions set forth in this Agreement, you should immediately contact Philwebhosting.Net support to cancel your Services.

Account Setup / Email on file

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under in order ensure proper delivery of notifications. Setup is usually instant but if manual verification is needed, setup may be delayed until the account information is properly verified.

If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times.

If you have a domain name registered with Philwebhosting.Net, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. Philwebhosting.Net is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email or our client portal. Providing false contact information of any kind may result in the termination of your account.

In a high risk transaction or if we find any suspicious detail on your account, we may ask you to provide a government issued identification for further verification. To avoid delays in activation, please make sure you have provided the correct information to us.

Account Migration

Philwebhosting.Net will make every effort to help you move your site to us for free. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host. If the account needs to be migrated manually, additional fees may apply if it requires more than the basic expertise. No warranties or guarantees are made in terms of account migrations.

Philwebhosting.Net reserves the right to limit the number of transfers per account. If any of your scripts require changes to the code due to the new location or name of the databases, it is your responsibility to make these changes. If you cancel your account either under our 30 day money back guarantee policy or at any time after the migration has been requested and started on, a Php 500.00 admin work fee will be applied to your account. 

Acceptable Content

All services provided by Philwebhosting.Net may only be used for lawful purposes. Examples of unacceptable content include, but are not limited to: copyrighted material, material we judge to be threatening or obscene, hate sites, illegal pornography (eg. kiddie porn [under legal age], bestiality), warez sites, proxy scripts, dangerous or insecure scripts. You agree to indemnify and  hold harmless Philwebhosting.Net from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be terminated from our network.

If you believe that your copyright or trademark is being infringed upon, please email admin (a) philwebhosting.net.

FORBIDDEN | UNACCEPTABLE CONTENT
The following are prohibited unless otherwise indicated:

• Cracked/pirated software, or material that violates copyright law
• Linking to cracked/pirated software, or material that violates copyright law
• Illegal songs, books, or videos
• Photos or images for which you do not own the copyright
• Eggdrops, torrents, virus/trojans, irc, irc files, irc scripts/bots, hack programs, hack archives, warez, pirated software (nor can you link to any of these items)
• Game servers
• Hate, threatening or obscene sites (at Philwebhosting.Net’s sole discretion).
• XXX sites
• Sites that link to unacceptable material as provided in this ToS
• Proxy scripts, shell scripts or scripts that allow ssh or simulated ssh access
• IP scanners
• Topsites
• Doubler, pyramid, VPN, HYIP, e-gold exchange, online currency exchange (not limited to Bitcoin, WoW, Linden/Second life, or Diablo III), or ponzi programs
• Free email accounts. You cannot use our service to supply free email accounts to users. We are not to be used as a free email service
• Sites from countries or regions under current US sanctions
• Sites or content that is not easily discernable or translated by our staff
• Outdated/vulnerable scripts. You must have any and all scripts uploaded to our servers updated to the latest secure version at all times
• Broadcast or Streaming of Live Sporting Events
• Commercial Audio or Video Streaming
• Sale of any controlled substance without prior proof of appropriate permit(s)
• Bruteforce Programs/Scripts/Applications
• Mail Bombers/Spam Scripts
• Lottery/Gambling Sites
• MUDs/RPGs/PBBGs
• Gaming related sites or forums. These are only allowed on Semi-dedicated, VPS or Dedicated plans unless approved by management.
• Hacker focused sites/archives/programs
• Fraudulent Sites
• File Dump/Mirror Scripts (similar to rapidshare)
• Using a hosting account primarily for online file storage or archiving electronic files
• Adult Websites and materials or links to them
• Any other material Philwebhosting.Net judges to be threatening or obscene
• Pornography of any form is strictly not allowed

We reserve the right to suspend any site that violates our TOS without notice. Account termination for TOS violation negates any refund for unused time.

We will actively work with law enforcement officials to prosecute child pornography or those found to be breaking the law. It is your responsibility to adhere to both local and international laws. It is at Philwebhosting.Net ’s sole discretion to decide whether your content is acceptable under these terms of service.

All third party scripts must be the latest secure version. Failure to keep your scripts updated will result in suspension of account or other measures at Philwebhosting.Net’s sole discretion, including (but not limited to) removal of script by our techs. If an exploit through a script you have installed on your Web hosting space causes harm to our servers or otherwise affects the performance of our services we reserve the right to terminate your account for TOS violation. We will automatically remove any insecure script, this includes insecure software installations of any kind. We may also suspend the site at our sole discretion.

Philwebhosting.Net is registered in the Philippines and have servers within the United States of America, Singapore and other locations globally, we are required to comply with the laws and official policies of these lands, regardless of where the Services are provided. In addition, Philwebhosting.Net will comply with appropriate laws and official policies set forth by the Republic of the Philippines as well as the law of the country in which our servers reside.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension and even termination. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Philwebhosting.Net may, at its discretion, request and require further documentation to prove access to a third party network or system is authorized.

Failure to respond to email from our abuse or admin team within 24 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket/email and will have a response within 48 hours.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

Zero Tolerance Spam Policy

Philwebhosting.Net has a zero stance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as:

*The sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information.

This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Philwebhosting.Net whether or not the message actually originated from our network.

“Drop-Box” Accounts. Using this network for the receipt of replies to unsolicited mass email (spam) sent from a third-party network is prohibited.

Header Forgery: Forgery of email headers (“spoofing”) is prohibited.

Proxy Spamming: Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software is prohibited.

Comment Spam Posting: Posting unsolicited links or spammy links on other sites and blogs is strictly prohibited.

Mass Mailings: Sending mass unsolicited email is considered spam. Unsolicited email is defined as email sent to a recipient who has not double-opted in to mailings from the Customer. Senders of mass mailings must maintain complete and accurate records of all opt-ins, including the email and its headers if applicable, and provide such records to Philwebhosting.Net upon request. If positive and verifiable proof of opt-in cannot be provided, complaints from recipients of the mailing are considered proof they did not subscribe and the mailing is unsolicited.

Mailing Lists: Philwebhosting.Net’s mass mailing rules also apply to mailing lists, listservs, or mailing services contracted for by Customer. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for e-mail information using a double opt-in process or that has made their e-mail address available to Customer for distribution of information. The list must also allow for automatic removal by all end Customers with non-distribution in the future.

Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Philwebhosting.Net, but also because it can overload Philwebhosting.Net' network and disrupt service to Philwebhosting.Net' subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Philwebhosting.Net will investigate and shutdown the account that is SPAMing.

Payment Information

You agree to supply appropriate payment for the services received from Philwebhosting.Net, in advance of the time period during which such services are provided. You agree that until and unless you notify Philwebhosting.Net of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Philwebhosting.Net reserves the right to adjust pricing plans and optional fees.
There is a 24 hour grace period on payments. Your account is in risk of suspension if payment is not received by 12:01am the day after your account is due.

Payments made with E-check may take 4-10 days to clear. If using E-check, please allow enough time before your payment due date as pending E-check payments do not constitute a paid invoice and past due accounts are still subject to suspension.

After 10 days past due a Php 50.00 late fee may be applied to your account.

Chargebacks or Paypal disputes will result is account cancellation with zero refund regardless of the outcome. We work hard for our clients and always refund when within our TOS, AUP and SLA. If a chargeback or paypal dispute is filed, Philwebhosting.Net will no longer conduct business with the client and all files, accounts and services will be terminated.

Bank deposit or Transfer

We require all customers to submit a screen capture, photo or scan copy of the deposit slip as a proof of payment.

Suspension for Non-Payment

If your account is suspended for non-payment (Penalty starts after 15 days from the due date), a reinstatement fee (50% of your plan amount) will be incurred. If your plan has been discontinued you will loose any grandfathered in status and be required to move to a current plan at the current published rates.

Suspension is automatically done by the system and you need to contact us if payment has been made via Bank, Credit card or paypal for reactivation.

If incase there is an understandable and unavoidable circumstances that the you are having during the payment period, Please do not hesitate to contact us so that we may adjust the system not to suspend your account till the date we have agreed upon. A promisory e-mail may need to be sent just for reference.

Termination of Account for Non-Payment

We will terminate your account if no payment has been made for the outstanding invoices after 45 days. Termination means removal of your files from the server and any backup data.

Cancellations and Refunds

Philwebhosting.Net reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.

Any abuse to our staff in any medium or format will result in the suspension or termination of your services. We'll always treat you with repect. Please do the same.

If not cancelling within the first 30 days, the cancellation will be effective as of your next billing date. This applies to monthly, quarterly, semi-annual annual, 2 year and 3 year payments.

Only the hosting portion is refundable. SSL, domains, billing software, etc are non refundable. If you received a domain, SSL or billing system with your account, fees will be deducted from your refund to cover the cost of providing these add ons. Semi Dedicated, VPS and Dedicated hosting do not provide a money back guarantee and require 15 days advance notice of cancellation. If your account has a free domain due to promotions or packages, the domain price will not be refunded.

We reserve the right to refuse a refund if we find that you used your account against our Terms of Service or if we migrated your site to our servers manually.

Our 30 day refund policy applies to new clients only. If you’ve ever had an account with Philwebhosting.Net, you do not qualify for the 30 day money back guranatee.

Money Back Guarantee per Plan

Web Hosting, Unli-Hosting, Business Hosting: 30 day money back guarantee policy
You may cancel your shared hosting plan within the first 30 days and receive a full refund of the hosting portion of your payment if you are not completely satisfied. After the first 30 days, you may cancel at any time. However, your cancellation will be effective as of the next billing date.

Reseller Hosting : 30 day money back guarantee policy
You may cancel your reseller hosting plan within the first 30 days and receive a full refund of the hosting portion of your payment if you are not completely satisfied. After the first 30 days, you may cancel at any time. However, your cancellation will be effective as of the next billing date.

Cloud Virtual Server and Dedicated : No refund policy. Cancellations must be made 15 days in advance of your next renewal date.

Money back offer ONLY for first time customers
Add-ons, Domain names and set up fees are NON-REFUNDABLE.
SSL, install fees and license fees are NON-REFUNDABLE
Dedicated IP payments are NON-REFUNDABLE
If you requested our account migration service, fees may be deducted for this if cancelling after the work was completed.

We reserve the right to refund a prorated amount or no refund at all if you were found in discordance with our TOS.

No refunds on domain registrations, SSLs or Domain transfers. No refunds on Server administration unless work was not completed.

No refunds on 3rd party support.

Upgrade/DownGrade Policy

You can upgrade your hosting at any time. There are no additional fees other than the pro-rated difference between plans.

Plan downgrades are effective as of your next billing date.

Backups and Data Loss

Your use of this service is at your sole risk. Our backup service runs atleast twice a week, overwrites any of our previous backups made.

This service is provided to you as a courtesy. Philwebhosting.Net is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Philwebhosting.Net servers. This service is only to restore your account on our servers. If you require a backup to move your files you must take a backup from within your control panel.

We make no guarantees on the integrity of a backup. Remember that ultimately, backups are your responsibility and Philwebhosting.Net makes no guarantees as to having a backup available of your lost data.

You can run a backup in your cPanel account and download that backup. For regular web hosting you can only keep 2 copies of backup inside your cPanel account as we our system will auto clean old backup files. For unli-hosting, no backup should reside inside the cPanel account.

Our remote backup will only accomodate the backup space allocated as per your plan indicates. If you need more space you will need to contact sales for upgrade of backup space.

No backups are performed for cloud virtual server (VPS/VDS) or dedicated server packages, unless you specifically purchase an additional service for this purpose. If your hosting account exceeds 150,000 inodes, the account will not be included in Philwebhosting.Net's automatic backup process.

Resource Usage

Shared (Web Hosting, Unli-Webhosting and Reseller users may NOT:
1) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
2) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as (but not limited to) IRCD.
3) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
4) Run any software that interfaces with an IRC (Internet Relay Chat) network.
5) Run any bit torrent application, tracker, or client. You may not link to legal torrents off-site, nor host or store them on our shared servers.
6) Participate in any file-sharing/peer-to-peer activities
7) Run any gaming servers such as (but not limited to) Source-based, Minecraft, or Call of Duty.
8) Run cron entries with intervals of less than 15 minutes.
9) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
10) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php“) use include(“include.php”)
11) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
12) Use our services as personal file storage

Business Services (Basic Biz, Standard Biz, Advance Biz) may NOT:
1) Use 50% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
2) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as (but not limited to) IRCD.
3) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
4) Run any software that interfaces with an IRC (Internet Relay Chat) network.
5) Run any bit torrent application, tracker, or client. You may not link to legal torrents off-site, nor host or store them on our shared servers.
6) Participate in any file-sharing/peer-to-peer activities
7) Run any gaming servers such as (but not limited to) Source-based, Minecraft, or Call of Duty.
8) Run cron entries with intervals of less than 10 minutes.
9) Run any MySQL queries longer than 30 seconds. MySQL tables should be indexed appropriately.
10) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php“) use include(“include.php”)
11) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
12) Use our services as personal file storage

Cloud Virtual Server plans may NOT:
1) Use 75% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
2) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as (but not limited to) IRCD.
3) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
4) Run any software that interfaces with an IRC (Internet Relay Chat) network.
5) Run any bit torrent application, tracker, or client. You may not link to legal torrents off-site, nor host or store them on our shared servers.
6) Participate in any file-sharing/peer-to-peer activities
7) Run any gaming servers such as (but not limited to) Source-based, Minecraft, or Call of Duty.
8) Run cron entries with intervals of less than 5 minutes.
9) Run any MySQL queries longer than 30 seconds. MySQL tables should be indexed appropriately.
10) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php“) use include(“include.php”)
11) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
12) Use our services as personal file storage

On all plans, databases must not pose a threat to server stability. Excessively large databases are best suited for VPS or dedicated plans.

Configuration Changes and Module Requests

For Web hosting, Unli-Hosting, Reseller and Business plans, we do not honor any configuration changes or module requests on reseller or shared production servers. module, security, or configuration change requests that may affect other users on the same physical server.

If you are using Cloud Virtual Servers and Dedicated servers of course, you should be able to install any modules or change the configuration on it since these are self manged and it si up to you on your configuration.

Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

Indemnification

Customer agrees to indemnify and hold harmless Philwebhosting.Net, Philwebhosting.Net's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.

YOU AGREE TO DEFEND,INDEMNIFY AND HOLD HARMLESS Philwebhosting.Net AGAINST LIABILITIES ARISING OF:

(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Philwebhosting.Net'S SERVER.
(2) ANY MATERIAL SUPPLIED BY THE 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 Philwebhosting.Net'S SERVER.

Maintenance

Philwebhosting.Net designates time periods (“Scheduled Maintenance Windows”) during which it may limit or suspend the availability of the hardware and/or software involved in providing its Services and Products (an “Outage”) to perform necessary maintenance or upgrades. Scheduled Maintenance Windows currently are between the hours of 12am and 5am Philippine time. If planned maintenance has the possibility of making the server or servers, as the case may be, utilized by Customer inaccessible to the Internet during a Scheduled Maintenance Window, Philwebhosting.Net will provide an electronic mail or announcement via our official facebook page. Philwebhosting.Net reserves the right to conduct maintenance withour prior notice if the situation is urgent.

Philwebhosting.Net reserves the right to make any changes to our servers without prior approval from our clients. These changes may be for performance or maintenance reasons. We are not responsible for any adverse affects our changes may have on your files, databases or configurations. Downtime due to maintenance periods do not count against uptime guarantee.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines, Singapore, The United States of America (The state where the server or service is located), without regard to choice of law provisions that would cause the application of the law of another jurisdiction.

Right to Terminate

Any domain that causes harm, damage, crashes or otherwise compromises or affects other users will be terminated. We reserve the right to terminate any account we find to be hosting or storing files against our TOS. You are allowed to copy our TOS only. All other Philwebhosting.Net content is copyrighted. This especially holds true for our testimonials. Under no circumstances can you copy our testimonials. Doing so may result in losing your account.

Any user in violation of this policy will have their site suspended and asked to remove it. Failure to do so will result in account termination. Philwebhosting.Net reserves the right to terminate your account without warning if your offense is endangering the integrity or performance of our servers.

DoS attacks or any other attacks launched from within our servers or against our servers may result in your account being terminated. Determination is at Philwebhosting.Net’s sole discretion.

Philwebhosting.Net reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this TOS or hinders performance on our servers, at our sole discretion. Philwebhosting.Net also reserves the right to make any such modifications in an emergency at our sole discretion.

Domains placed on our servers must resolve to our servers. It is your responsibilty to provide an offsite email address as your primary contact where you can be reached in case issues arise. We must also have a valid phone number on file as verified when placing your order.

Support

Philwebhosting.Net offers 24/7/365 support via Support Ticket via our Help Desk.Live Chat support is offered at various shifts as available. Live chat through our website is for minor cpanel/WHM issues, pre-sales and quick answers to basic questions. For more in-depth issues or for complete support please use the support portal.

We do not offer telephone support at this time. Emails to admin seeking support will go unanswered. Please use the proper channels when requesting support. We must keep logs of all support requests and support history and the most efficient way to do this is through the ticket system. Please do not use facebook as a support system unless our main website in not accessible due to maintenance.

Support is only provided to the main account holder. If there will be additional staff or users requesting support for your organization, please email billing(at)Philwebhosting.Net with a list of authorized users and what permissions they have to request support for…IE password change, IP move, sales, billing, etc.

We do not support any third party scripts or code. This includes updating your script. If you are not able to update your script to the latest version using our script installer, then a manual update will be needed. If you require us to update your script manually for you, additional charges will incur. We do not offer assistance with mail scripts, custom email configurations or database issues unless the issue is server side. We are happy to investigate server side issues and resolve as necessary and available. Restore requests of databases will incur additional fees. We provide sitebuilder/s that you can use to start up your website. It is very easy to use and you should be able to build your first site easily. It really depends on your skills as we actually do not do the web designing for you. Please take note that the 3rd party software that we provide as a sitebuilder may be changed with no prior notice.

We do not offer Frontpage support.

We do not support changes you make to your default DNS settings. Any changes you make to the standard DNS configuration remain your responsibilty. The extent of our support on these issues is restoring DNS settings to default.

Reseller Accounts Clause

For the purpose of this TOS, Reseller is defined as any account with access to placing hosting accounts on our servers. Reseller Hosting plans fall under this category.

Philwebhosting.Net offers our Resellers the opportunity to grow. To that extent, we allow our resellers to oversell their allotted disc space by default and bandwidth upon request. To request bandwidth overselling, please submit a support request through the Help Desk.

You agree to promptly pay invoices for such overages if your account exceeds your originally paid for configurations and/or limitations. Failure to pay for the extra resources may result in the suspension or termination of your account, at Philwebhosting.Net’s sole discretion.

Resellers must support their own clients. We will not deal with your customers in any way or resolve any of your clients’ technical issues.It is the resellers’ responsibilty to secure their clients’ scripts. Resellers are not permitted to be a free hosting provider. You are of course allowed to offer free hosting to friends family and business associates but a business plan based on providing free hosting is not allowed on our servers.

Philwebhosting.Net reserves the right to suspend or terminate any domain hosted on our servers. Philwebhosting.Net will remove any reseller’s resold accounts from our servers that have remained in suspended status for 30 days or more unless prior arrangements are made.

Resellers are responsible for any and all content placed on our servers by any domain in their reseller block. While we normally simply suspend or terminate the offending domain, we reserve the right to suspend all of your accounts or your entire reseller status depending on the severity of the violation. Resellers are responsible for any outdated or insecure scripts hosted on any domain in their reseller block. As we do not have access to your clients, it is important that you respond to and fulfill any requests made by our staff in terms of securing or updating any scripts hosted by your reseller account. Failure to do so may result in suspension of the domains in violation.

Under no circumstances can a reseller or client copy our customer testimonials. Doing so may result in losing your account. Our customer testimonials are real and attained through dedication and hard work. Copying them is unfair to us, our clients and your potential customers. You are welcome to and in fact encouraged to use our TOS, AUP and Privacy Policy.

If your accounts lead to several TOS violations and we deem you to be an unreliable reseller (content placed on our server is not safe and various violations have occurred) we reserve the right to suspend/terminate the entire reseller account at Philwebhosting.Net’s sole discretion.

Affiliates

You agree to NOT SPAM your referral link or coupon code any any Web sites, forums or email. This policy is strictly enforced and violation of this policy will result in termination of your affiliate status and forfeiture of any earned commissions. Account must be in good standing for payout to occur. If your account was cancelled for non payment you forfeit your affiliate commissions.

Unlimited Hosting at Philwebhosting.Net

We have not set and configured any limits on the disk space or data transfer (bandwidth) for the unlimited packages that we provide. We provide you more than enough resources to do the basics in your shared webhosting’s day to day needs. The use of the “Unlimited” Plans that we offer should only be use within the normal operation of your website.

As an Unlimited plan customer, you are allowed to upload all the usual web pages and the needed images you need for your website. Although it is rare, we may need to put constraints on accounts that are using resources that impact other customers on the same server. This is to make sure everybody is happy on the same shared hosting server. Customers who are affecting other clients or are using 25% or more of system resources for longer than 90 seconds would be in violation.

If we have concerns about your account's bandwidth or disk space utilization, you will receive an email asking you to reduce usage. (This is rare and does not happen for any typical personal or small business website).

We have not set and configured any limits on the disk space or data transfer (bandwidth) for the unlimited packages that we provide. We provide you more than enough resources to do the basics in your shared webhosting’s day to day needs. The use of the “Unlimited” Plans that we offer should only be use within the normal operation of your website. Backup files are not allowed to reside on the server. You are allowed to do the backup wizard but you will need to download the backup file afterwards.

To protect the server performance, Please bear in mind that:

Unlimited account must not be used for storage and file sharing.
Unlimited account e-mail box sizes is limited to 250MB, You need to clear email box space.
Unlimited account databases (Mysql) are limited to 1GB

How do we know if your site is running in “Normal Operation”?

We regularly do an analysis of customer account bandwidth and disk space utilization and use the results of the test to define normal. Typically, customers who fall outside the normal range are using their accounts for file storage or sharing rather than hosting which is not allowed. We do audit randomly in a daily basis of the usage. In the event we found some issues in your account we will send you a notification. However, if your account is creating some issues across the server and we find that it could affect server performance. We reserve the right to take action to your account that may lead to suspension (until issue is resolved), transfer to a different plan or server, cancelation of account and services.

Unlimited accounts were designed to provide freedom of thinking of upgrades of pacakges in terms of disk space and bandwidth. If we feel that the site does not fit our unlimited plans, we would recommend another plan for you to downgrade or upgrade. Unlimited is just a terminology use to let people know that you have the freedom to use unmetered disk space and bandwidth, however, it has limit since it relies on hardware and other resources as well. If we find that you have already reached a certain percentage of usage vs. the costing of the server, we will inform you to upgrade or change plans.

Restrictions on Storage Space Usage

All accounts are subject to the following restrictions on storage space usage: a) accounts must have valid, working websites, and not violate any previously subscribed terms; b) accounts are not for use of mass storage of backups, files, audio, video, zip files or others, as determined by Philwebhosting.Net, at its sole discretion; Caching scripts, plugins or software are not allowed to be installed in any Unli Account (You can use external caching services), you cannot do local caching for Unli packages; and c) accounts are not for use of mass distribution of files, such as torrents or mirrors. Any account found violating these terms may be suspended or terminated without warning.

Changes To Philwebhosting.Net's Network and Multi-location hosting

Upgrades and other changes in Philwebhosting.Net's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. Philwebhosting.Net reserves the right to change its network in its commercially reasonable discretion, and Philwebhosting.Net shall not be liable for any resulting harm to Customer.

Philwebhosting.Net does not guarantee the availability of any and all host locations, and reserves the right to add, move, modify, or remove any location at any time without notification.

Philwebhosting.Net also reserves the right to deny the transfer of any account to a new location for any or no reason.

Notices

Notices to Philwebhosting.Net under the Agreement shall be given via electronic mail to the e-mail address posted for customer support. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.

Force Majored

Philwebhosting.Net shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Philwebhosting.Net's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

Changes to the (TOS)

Philwebhosting.Net reserves the right to revise, alter and update the above (TOS) without notice at anytime at its sole discretion and can apply any and all changes and updates retroactively.

Miscellaneous

Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer's purchase order or other business forms are not binding on Philwebhosting.Net unless they are expressly incorporated into a formal written agreement signed by both parties. A party's failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the Agreement. A party's waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without Philwebhosting.Net's prior written consent. Philwebhosting.Net's approval for assignment is contingent on the assignee meeting Philwebhosting.Net's credit approval criteria. Philwebhosting.Net may assign the Agreement in whole or in part. This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.

Copyright Files

All files stored on Philwebhosting.Net's servers must be legally-owned and be accompanied with a valid license and/or copyright. This include and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion.

PROMOTIONAL RATES & SPECIAL OFFERS

Philwebhosting.Net may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not effect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.

We have various special promotions that include a domain name. The cost of this domain name is usually covered by the first month's payment. As a result of this our promotions are not refundable and are not covered by our 30-day money back guarantee.

INTELLECTUAL PROPERTY RIGHTS

Material accessible to you through Philwebhosting.Net's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use Philwebhosting.Net or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the Philwebhosting.Net network. If YOU use a domain name in connection with Philwebhosting.Net or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

NETWORK SECURITY

Customers may not use the Philwebhosting.Net network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Philwebhosting.Net will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

ELECTRONIC COMMERCE

YOU will be solely responsible for the development, operation and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including without limitation:

(a.) the accuracy and appropriateness of content and materials appearing within the store or related to YOUR products,
(b.) ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party, and
(c.) ensuring that the content and materials appearing within the store or related to YOUR products are not libelous or otherwise illegal. YOU will be solely responsible for the final calculation and application of shipping and sales tax. YOU will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.

YOU are also responsible for the security of any customer credit card numbers and related customer information YOU may access as a result of conducting electronic commerce transactions through YOUR website. YOU will keep all such information confidential and will use the same degree of care and security as YOU use with your confidential information.

STATIC & DYNAMIC CONTENT CACHING

YOU expressly

(i) grant to Philwebhosting.Net a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by Philwebhosting.Net under this Agreement and
(ii) agree that such caching is not an infringement of any of YOUR intellectual property rights or any third party's intellectual property rights.

IP ADDRESS OWNERSHIP

Philwebhosting.Net shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by Philwebhosting.Net. Philwebhosting.Net reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

DOMAIN NAME REGISTRATION

YOU agree to pay Philwebhosting.Net prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the Philwebhosting.Net price schedule for the initial registration of the domain name and, should YOU choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if YOUR domain name registration is suspended, canceled or transferred prior to the end of YOUR then current registration term. Philwebhosting.Net reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from Philwebhosting.Net to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Philwebhosting.Net) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to Philwebhosting.Net as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Philwebhosting.Net will reinstate YOUR domain name registration solely at Philwebhosting.Net's discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

Transfer domain registrar to Philwebhosting.Net

YOU agree to pay Philwebhosting.Net prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the Philwebhosting.Net price schedule for the initial transfer request of the domain name. YOU agree and acknowledge that the domain name transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to:

- No response from the Registered Name Holder or Administrative Contact
- Domain name in Registrar Lock Status
- Domain name registration period time expires or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer

Philwebhosting.Net reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from Philwebhosting.Net to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Philwebhosting.Net) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to Philwebhosting.Net as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Philwebhosting.Net will reinstate YOUR domain name registration solely at Philwebhosting.Net discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

Transfer domain away from Philwebhosting.Net

Philwebhosting.Net reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:

- No response from the Registered Name Holder or Administrative Contact
- Domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for the status change
- Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer

YOU agree and acknowledge that the failure or success of a domain name transfer will be his/her sole responsibility, and Philwebhosting.Net will not be held liable for the failure of a domain name transfer for any reason.

Domain registrations are non-refundable. Please do not purchase the domain name until you are certain that it is exactly what you would like to buy.

LAWFUL PURPOSE

Philwebhosting.Net reserves the right to refuse service to anyone. YOU may only use Philwebhosting.Net server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: 'Pirated Warez', OGG, AVI, MPEG, ISO, 'Hacker programs or archives', 'Copyrighted Digital Movie Copies (DIVX)' and 'Unlicensed MP3'. The designation of any materials as such described above is left entirely to the discretion of Philwebhosting.Net management.

If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that Philwebhosting.Net may disclose any and all YOUR information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.

Regardless of the place of signing this agreement, YOU agree that for purposes of venue this contract is entered in Republic of the Philippines and any dispute will be litigated or arbitrated in the Republic of the Philippines. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Philippine courts. IN NO EVENT PHILWEBHOSTING.NET WILL BE LIABLE FOR YOUR OFFENSE.

PRIVACY STATEMENT

Philwebhosting.Net follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.

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