Customers using any services offered by PHOENIXRISING-WEB.COM consent to be bound by and must comply with all policies in this TOS. At the sole discretion of PHOENIXRISING-WEB.COM, any violators of this TOS may have their services cancelled without refund and/or, if deemed appropriate, be legally prosecuted.

General Provisions
In consideration for PHOENIXRISING-WEB.COM maintaining one or more accounts (each "Account"), you agree to the following terms of service.

Definitions

• "We" "Us" or "Provider" or "PHOENIXRISING-WEB.COM."
• PHOENIXRISING-WEB.COM
• "You" "Your" "Client" "Customer" or "Member."
  Each person or entity who applies for internet service or is a designate of any one who applies for internet service.

Disclaimer of Warranty
The Internet is a complex network of equipment, services and providers of information, thus the Service may not be available to you at all times. There are many problems that can and eventually will crop up with computers in general, as well as with software and needed updates and patches. However, PHOENIXRISING-WEB.COM offers a 99.5% uptime guarantee. This is valid for only the connection. PHOENIXRISING-WEB.COM will pursue all resources and channels available to maintain maximum uptime, however, PHOENIXRISING-WEB.COM is not responsible for any down time caused by client's error.

PHOENIXRISING-WEB.COM conducts backups of server data, however it is the clients responsibility to maintain backups of their own files locally (please back up your html files, graphics, and databases locally) While we strive to keep the best backup systems in place, no system or hardware is fail proof. Like any computer or network equipment, it also runs a risk of failing or becoming inoperable. Ultimately it is the responsiblity of the client to maintain backup copies of files locally on their own computer or storage devices. PHOENIXRISING-WEB.COM will make every effort to restore affected data from our backups, but in the event that we cannot, we are not liable for any data loss due to server malfunction, and will assist the client in restoring their local copies to their account.

PHOENIXRISING-WEB.COM MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither PHOENIXRISING-WEB.COM nor any one else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of PHOENIXRISING-WEB.COM, even if PHOENIXRISING-WEB.COM has been advised to the possibility of such damages.

Services provided by PHOENIXRISING-WEB.COM
PHOENIXRISING-WEB.COM will provide Internet server rental ("the Service") to its members for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows PHOENIXRISING-WEB.COM members to maintain Internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. PHOENIXRISING-WEB.COM members will use the provided services in a manner consistent with any and all applicable laws of the United Statest. PHOENIXRISING-WEB.COM provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. If any of the below activities are committed, PHOENIXRISING-WEB.COM can terminate client's account without notification.

1. Client Content: Client agrees that webpages and files uploaded to servers will not violate any province, federal or foreign laws or regulations; infringe on any intellectual property rights of PHOENIXRISING-WEB.COM or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to PHOENIXRISING-WEB.COM or any third party. Customers may not run IRC, bots or clients. Unacceptable uses also include: Bulk unsolicited emailing, unsolicited emailings, newsgroup spamming, child porn or links to such sites, adult pornographic material or links to such sites, copyrighted MP3, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers. PHOENIXRISING-WEB.COM will be the sole and final arbiter as to what constitutes a violation of this policy. PHOENIXRISING-WEB.COM does not normally monitor the contents of clients servers, however if suspicion occurs, PHOENIXRISING-WEB.COM reserves the right to investigate and terminate the clients subscription to the service, without liability for any business losses or damages.
   
   
2. Bandwidth Usage: PHOENIXRISING-WEB.COM offers a generous amount of data transfer per month. Bandwidth are calculated on a recurring 30 days. Sites that use over the given limit in 30 days will automatically be billed $5.00 per GB. If you exceed your bandwidth limit for any given month, your account will be suspended until you upgrade your account to the next level, or pay the additional mount required to increase your bandwidth, warning e-mail's are sent out before your account reaches the maximum.
   
   
3. Excessive Resource User Policy: *Applies to virtual accounts. Resources are defined as bandwidth and/or processor utilization. A website is considered using "Excessive amounts of resources" when it monopolies the resources available using 10% or more of system resources for longer than 60 seconds. There are numerous problems that could cause such problems, this includes: cgi scripts, FTP, HTTP, etc. A site that consumes over the account limit of bandwidth is also considered "excessive resources". This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. The client whom is using "excessive resources" will be asked to upgrade his/her package to one of our dedicated server packages. PHOENIXRISING-WEB.COM will be the sole and final arbiter as to what constitutes a violation of this policy.
   
   
4. No "Spam": UCE/UBE or "Spam" originating from a server located on our network or associated with a PHOENIXRISING-WEB.COM server is not tolerated. This includes any e-mail that promotes web sites hosted on a server located on the PHOENIXRISING-WEB.COM network but is sent from an e-mail address not associated with that PHOENIXRISING-WEB.COM account. Client shall not use their PHOENIXRISING-WEB.COM services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. PHOENIXRISING-WEB.COM reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice. There will be a $350 clean up fee if an account was suspended for policy violation.
   
   
5. False Information: Client agrees not to post false or inaccurate information to news groups in violation of the news groups. rules and regulations. If any news groups or service provider contact PHOENIXRISING-WEB.COM concerning unethical, false or unlawful activities by you, PHOENIXRISING-WEB.COM reserve the right to terminate your service without notice.
   
   
6. Licensed Software Only: Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
   
   
7. Back-Up Files: Client's are responsible for maintaining local backups of their html files, graphics, photos, and databases. Although PHOENIXRISING-WEB conducts a redundant tape back up system that is rotated daily to ensure up-to-date files, this system may be subject to failure or malfunction, just like any other computer network equipment or server process. In the event of a data loss or backup server failure our tech-support will attempt to restore data. In the event that it cannot it is the client's responsibilty to upload or provide local backup copies of their files.

1. Payment Obligations: Full payment is required in advance before hosting service is established. PHOENIXRISING-WEB.COM sends out invoices that are due every pay period. You are given fifteen (24-72hrs) to fully pay the invoice. We do not automatically charge your credit card. You warrant and represent that the information you supply in the Order Form (or other information that PHOENIXRISING-WEB.COM may requre) is accurate and truthful. All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your account will be suspended, and then subject to deletion. To have your account re-established, you will need to pay the monthly fees, plus any interest accumulated at the rate of 12.35% per year. There is a $35 fee for bounced cheques and a $45 processing fee for chargebacks.
   
   
2. Renewals: Your account will be automatically renewed under the same time and fee structure unless you give written notice to PHOENIXRISING-WEB.COM thirty (30) days before the renewal date that you do not wish to renew such account.
   
   
3. Cancellation & Refunds: Should you become unsatisfied with our services within the first 30 days of your account activation, PHOENIXRISING-WEB.COM will refund your hosting fee subject to the money back guarantee terms listed in this agreement. Refunds are not available for pre-paid accounts and after the 30 days of account activation. You may however cancel your account at any time. You will need to contact our customer service and verify information before cancellation takes place. You will be charged in full for the entire month in which you canceled your account. Accounts which have negative balances will be collections and all services will be terminated, including domain registrations. Refunds are never available for domain registrations.

   Contact Information:
   PHOENIXRISING-WEB.COM
   support@phoenixrising-web.com
   management@phoenixrising-web.com

4. Free Hosting Accounts: Our Free Hosting accounts are not upgradeable beyond the features that they come with when you pay your 1-time fee. If you need additonal storage or bandwidth you will need to purchase an additional free hosting account, or sign-up for one of our Premium Hosting Plans. Additional account features, extra bandwidth and storage are available for free hosting customers if you pay a small subcription based fee per year for your hosting. Please contact our customer support division for more information.

30-Day Money Back Guarantee
PHOENIXRISING-WEB.COM offers an unconditional 30 day guarantee that covers cancellations of an web hosting account made during the first 30 days of service, due to the inability to deliver satisfactory services. A customer cannot take advantage of their 30-Day Money Back Guarantee just to take advantage of a new special, or promotion. New sign-ups are monitored for refund & re-signups during time periods when special promotions are run. Our 30-Day guarantee does not apply to accounts with non-use, misuse, or abuse. Domain names are also non-refundable. Any questions regarding the 30 day money back guarantee should be forwarded to our customer suppport department.