phsite.com - Terms of Use

By submitting the online order form, or by using PHSITE.COM eSolutions' service, Customer hereby agrees to PHSITE.COM eSolutions' Terms of Service (TOS), Acceptable Use Policy (AUP), No Spam Policy (NSP), and Privacy Policy.

Unless otherwise specified, in this TOS, the AUP, the NSP, and the Privacy Policy, the usage of “us”, “we”, “our”, and “ours” shall refer to PHSITE.COM eSolutions, a Philippine based business, and all its parents, subsidiaries, successors, and assigns.

Moreover, in this TOS, the AUP, the NSP, and the Privacy Policy, “PHSITE.COM eSolutions” shall refer to PHSITE.COM eSolutions, a Philippine based business, and all its parents, subsidiaries, successors, and assigns; unless otherwise specified, “PHSITE.COM eSolutions” and “PHSITE.COM eSolutions” shall have the same meaning and shall be interchangeable.

Customer agrees that it shall comply with this TOS, PHSITE.COM eSolutions' Acceptable Use Policy (AUP), and PHSITE.COM eSolutions' No-Spam Policy (NSP). Customer further agrees that it has read PHSITE.COM eSolutions' Privacy Policy and agrees to all the terms and conditions in the Privacy Policy. In this document, the word “Agreement,” with a capital “A,” refers to the TOS, the AUP, the NSP, and the Privacy Policy collectively.

1.2. Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes that may require Customer to order PHSITE.COM eSolutions' service for a certain minimum period of time.

1.4. Non-Payment of services shall result in a 5-day notice of disconnection. All payment failures must be cured within 5 business days from invoice due date or account will be suspended. Account termination will result from invoices overdue for 30 days.

1.5. PHSITE.COM eSolutions is not and shall not responsible for data integrity for any accounts that are terminated, disconnected, or interrupted because of Customer’s failure to pay for PHSITE.COM eSolutions' services.

2.1. PHSITE.COM eSolutions will provide, and Customer will purchase and pay for, the Web hosting services (the “Services”), according to the service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the Customer, and that Customer is aware of all applicable charges as per the Agreement. Customer also understands that no promotional offers will apply to their individual service unless said promotional offers are specified in this Agreement.

3.1.1. Customer must pay in full for the Services before PHSITE.COM eSolutions begins to provide the Services to Customer. Invoices are automatically system generated 5 days before renewal and customer agree that if paying by credit card, recurring billing will be billed and charged automatically on the date the invoice is generated and that PHSITE.COM eSolutions may apply the amount due at any time to the credit card listed on file.

3.2. Payment is due on the defined monthly recurring billing date of each month. All returned checks will be charged a $20.00 service fee. Service will be interrupted on accounts that reach 5 days past due. Accounts that are not collectable by PHSITE.COM eSolutions will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay to PHSITE.COM eSolutions a “Processing and Collection” Fee of not less than Fifty ($50.00) Dollars nor more than One Hundred Fifty ($150.00) Dollars.

PHSITE.COM eSolutions may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, and any collection fees to which PHSITE.COM eSolutions may be entitled under this Agreement or under applicable law.

Client's account will be suspended 3 days after over due date. The client can still login on the server within 3 days to download backup of their site before it is suspended. After 15 days, the client's account will be deleted from our server to reclaim space. Restoration of the ite requires full payment of the amount due plus service charges. We do not provide warranty that the domain associated with hosting account will still be renewed after the domain expiration date. An option to replace the domain with a new registered domain name is possible so that the site content will not needed to be re-uploaded if not yet deleted.

Once a Customer has cancelled their account before the renewal date, no more charges will be billed to the account. Cancellations on or after renewal will be charged renewal fees.

Paypal paying customers cancelling their paypal subscription payment does not warrant cancellation of service. All cancellations must have a cancellation request email. Customer can terminate their account for any reason or for no reason. However, Customer understands and agrees that PHSITE.COM eSolutions does not provide pro-rated or any other kinds of refunds on cancellations. All fees Customer has paid shall be non-refundable.

Domains registered through PHSITE.COM eSolutions assistance can be transferred to a different registrar, however, the transfer request must be performed on the Client's new registrar. Domain transfer must be performed and requested on the new registrar atleast 30 days before the Domain expiration. If transfer request is done within the last 30 days of the Domains life, the Client must pay PHSITE.COM eSolutions for the Domain renewal and request the transfer on the new registrar after 60 days.

PHSITE.COM eSolutions and the designated Registrar are separate entities. Domain registration is only assisted by PHSITE.COM eSolutions and the latter is not liable for any service interuptions and service quality of the Registrar.

All payments to PHSITE.COM eSolutions, Inc. are nonrefundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within thirty (30) days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, which, in PHSITE.COM eSolutions Inc's sole discretion, are invalid under the terms and conditions of this Agreement, will result in service interruption, and reconnection fees to restore the desired service.

Without waiving any of its other rights under this Agreement, PHSITE.COM eSolutions, Inc. offers to its Customers a 30-day money-back guarantee on fees for hosting services only (the “30-Day Guarantee”). If for any reason you cancel your account by filling in the account cancellation form and submitting it to PHSITE.COM eSolutions, Inc., within thirty (30) days of the beginning of your service, PHSITE.COM eSolutions, Inc. will refund your money with no questions asked; provided, however, that you have never previously obtained a refund under the 30-Day Guarantee. If you have ever previously obtained a refund under the 30-Day Guarantee, your account will be canceled, but no money will be refunded to you.

Setup fees,
Fees for domain name registrations,
Fees charged for exceeding your allotted disk storage space or bandwidth,
SSL certificate fees,
Web design fees,
Web site marketing fees,
Any add-on services, features, software, and
Any other fees for services involving a third party.

If you do not cancel your account within thirty (30) days of the beginning of your service, your right to the 30-Day Guarantee shall expire forever and may not be revived under any circumstances, without the prior express written approval of PHSITE.COM eSolutions.

You agree that you will not circumvent the restrictions on the 30-Day Guarantee described in this document, or attempt to circumvent those restrictions by any means, including, but not limited to, the following actions:

Creating multiple accounts, using the same customer name or different customer names;
Canceling your account for the sole purpose of obtaining a refund and then registering for a new account;
Organizing multiple business entities or using assumed business names for the purpose of circumventing these restrictions;
Knowingly providing false or misleading information when you register for your account; or
Requesting a refund under the 30-Day Guarantee at any time after you have already received a refund under that guarantee.

Changes to your service, including, but not limited to, adding new services, removing services, or changing the type of hosting plan you have do NOT make you eligible for an additional 30-Day Guarantee. The 30-Day Guarantee applies to your first order of Web hosting services from PHSITE.COM eSolutions, Inc. and does not apply to any changes to your service at any time.

7. Customer agrees not to engage in any activity that violates any international, foreign, federal, state, or local laws applicable to the service terms described in this Agreement.

8. PHSITE.COM eSolutions reserves the right to discontinue service to any Customer it deems, in its sole discretion, violates any condition of service including, but not limited to, the following:

9.1. In order to allow us to provide the best service to you, PHSITE.COM eSolutions accounts are backed up daily excluding budget reseller accounts which are backed up weekly. However, these backups are intended for PHSITE.COM eSolutions' administrative purposes only. As part of its commitment to first-rate customer service, PHSITE.COM eSolutions always seeks to create complete and accurate backups of customer accounts. Backups are replaced with the current site content on each backup cycle and we do not store old backup except for the backup of the current backup cycle.

9.2. Even the best and most complete and redundant backup systems can and do fail for a variety of reasons, despite the best efforts of the Web hosting service. THEREFORE, PHSITE.COM eSolutions DOES NOT GUARANTEE THE AVAILABILITY, COMPLETENESS, CURRENCY, OR INTEGRITY OF THESE BACKUPS OR THE DATA THEY CONTAIN. Consequently, you must not rely upon the availability, completeness, currency, or integrity of these backups.

9.4. PHSITE.COM eSolutions does not provide any sort of compensation for lost, inaccurate, incomplete, or outdated data in the event that PHSITE.COM eSolutions' backups do not function properly, regardless of the reason(s) for any such malfunction, even if the malfunction was due to the fault or negligence of PHSITE.COM eSolutions or any of its employees or agents, and regardless of whether PHSITE.COM eSolutions had been informed of the possibility of such malfunction, or any fault or negligence that might cause it.

9.5. In the event that you need to recover data from a backup, PHSITE.COM eSolutions will use reasonable efforts to restore data to your account from the appropriate backup. There may be fee associated with the work required to do restore. HOWEVER, PLEASE NOTE THAT THIS SERVICE IS INTENDED TO COMPLEMENT YOUR OWN BACKUPS TO YOUR OWN COMPUTER, AND IS NOT A SUBSTITUTE FOR THOSE BACKUPS. AGAIN, PHSITE.COM eSolutions DOES NOT GUARANTEE THE AVAILABILITY, COMPLETENESS, CURRENCY, OR INTEGRITY OF ITS BACKUPS.

9.7. You understand and agree that PHSITE.COM eSolutions' backup policy does not create any warranties for whose breach PHSITE.COM eSolutions can be held liable.

10. Customer agrees to defend, indemnify, and hold harmless PHSITE.COM eSolutions, and the parents, subsidiaries, successors, assigns, employees and agents of PHSITE.COM eSolutions against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) to which an indemnified party may become subject and which Losses arise out of, or relate to this Agreement or Customer’s use of the Services, and to reimburse an indemnified party for all legal and other expenses, including reasonable attorneys’ fees incurred by such indemnified party in connection with investigating, defending, or settling any Loss whether or not in connection with pending or threatened litigation in which such indemnified party is a party.

11. PHSITE.COM eSolutions SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTAL,SPECIAL OR CONSEQUENTIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, OR LOSS OF DATA RESULTING FROM THE USE OF PHSITE.COM eSolutions' SERVICES BY CUSTOMER OR ANY THIRD PARTIES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, OR

12. PHSITE.COM eSolutions PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. PHSITE.COM eSolutions DISCLAIMS ALL WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS, AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF THE SERVICES AND

13. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHSITE.COM eSolutions DISCLAIMS, ALL WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR THROUGH, THIS SERVICE, THE SYSTEMS

WHICH PROVIDE IT, AND THE INTERNET, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.

14. PHSITE.COM eSolutions DOES NOT ASSUME ANY LIABILITY FOR THE COMPLETENESS, ACCURACY, OR USEFULNESS OF ANY INFORMATION DISCLOSED OR MATERIALS ACCESSED THROUGH ITS SERVICES, ITS SYSTEMS, ITS NETWORKS, OR THE INTERNET.

Any failure by PHSITE.COM eSolutions to enforce this Agreement in every instance in which it might apply does not amount to a waiver of any of PHSITE.COM eSolutions' rights.

PHSITE.COM eSolutions will notify you by e-mail of any notices that PHSITE.COM eSolutions is required to provide to you under this Agreement, at the most current e-mail address you have provided to PHSITE.COM eSolutions.

By entering this Agreement, you consent to receive notices by e-mail. You are solely responsible for ensuring that PHSITE.COM eSolutions has your most current e-mail address, and PHSITE.COM eSolutions shall not be responsible for any lost, misdirected, bounced, forwarded, or undeliverable e-mail that PHSITE.COM eSolutions sends to the most current e-mail address you have provided to PHSITE.COM eSolutions.

This Agreement, including all of its component parts, comprises the entire agreement between you (the Customer) and PHSITE.COM eSolutions, and supersedes any prior or previous agreements between you and PHSITE.COM eSolutions with respect to the subject matter of this Agreement; provided, however, that you agree that you shall be subject to any additional terms and conditions of which PHSITE.COM eSolutions notifies you from time to time, pursuant to this Agreement.

21.1 Customer shall not assign or attempt to assign its obligations under this Agreement without PHSITE.COM eSolutions' prior and express written consent to such assignment.

21.2. PHSITE.COM eSolutions may assign any or all of its rights and obligations under this Agreement at any time without prior notice to or consent of Customer.

PHSITE.COM eSolutions shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, hacking, war, terrorism, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, magnetic interference, interruptions of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunications or wireless service, or any cause beyond the reasonable control of PHSITE.COM eSolutions.

In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties hereto, and the remainder of the provisions shall remain in full force and effect.

Any cause of action you may have with respect to PHSITE.COM eSolutions' performance or alleged non-performance of this Agreement must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred.

26.1. At PHSITE.COM eSolutions, we take pride in providing excellent service to all of our customers. It is our policy always to treat our customers with the highest level of respect and courtesy. In return, we expect the same respect and courtesy from you.

26.2. If our staff feels that you are consistently engaging in abusive content toward them, or addressing them in a demeaning or rude manner, your account(s) may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for abusive conduct, customers will be given five (5) days’ notice. We will issue a refund only for the unused portion of pre-paid service.

Using profanity in any oral or written communications with our staff, by any medium of communication, including but not limited to e-mail, instant messages, chat, text messaging, fax, postal mail, telephone, voice over Internet Protocol

Insulting our staff because of their personal characteristics, or on the basis of their race, ethnicity, national origin, sex, sexual orientation, religion, or housing or economic status; or

Many of OUR customers wish to resell OUR services to third parties who become their customers. The additional terms and conditions in this section apply to the resale of OUR services. YOUR account with PHSITE.COM eSolutions allows YOU to resell OUR services, subject to all the terms and conditions of YOUR agreement with US. However, please note that YOU do not have to resell OUR services. As long as YOU comply with all the terms and conditions of YOUR agreement with US, YOU may simply use OUR services for YOUR own Web sites and for any lawful purpose.

First, free services generally do not require any reliable means of identifying the person who registers for them. As such, it can be practically impossible to track down persons who abuse the free services.

Second, OUR customers, including OUR resellers, are all paying for prompt, reliable service and WE have built a solid reputation for delivering excellent service to them. WE cannot risk having unidentified persons damage OUR reputation.

Third, users of free services are notorious for registering for free accounts and immediately spamming or otherwise consuming very large amounts of system resources and bandwidth before their accounts are shut down. Such abusers often register for successive or multiple accounts and cause many problems for the servers and network.

Fourth, spammers, operators of phishing and pharming scams, distributors of spyware, viruses, Trojan horses, worms, and other malware, operators of illegal Warez sites, operators of illegal or unauthorized file-swapping or archive sites, and hackers frequently abuse free online services. Allowing free services would expose OUR servers to severe abuse and could harm US, all of OUR customers, and all the customers of OUR resellers.

Fifth, free services lead to various forms of abuses that may violate criminal laws or even foster terrorist activities. Because such abuses violate applicable laws as well as OUR policies, WE must prohibit them.

If YOU violate this prohibition on free services, WE may suspend or terminate YOUR account immediately, with or without notice, as WE in our sole discretion deem necessary to address the situation.

As part of YOUR agreement with YOUR customers, YOU must require them to comply with all applicable laws and all of OUR policies. If YOU fail to do so, WE may suspend or terminate both the accounts of YOUR customers and YOUR account, as necessary to protect the security, safety, reliability, integrity, and performance of OUR servers, data, and network.

Unless YOU have purchased an account with US whereby WE have explicitly agreed in writing to provide technical support to YOUR customers, YOU are solely responsible for providing all technical support for YOUR customers, and YOU agree that YOU will not direct YOUR customers to contact US for technical support.

However, if YOU have purchased an account with US and WE have explicitly agreed to provide end user support to YOUR customers, then WE will provide end user support to YOUR customers.

Regardless of the type of account YOU have purchased from US, YOU are solely responsible for providing YOUR customers with all billing, customer service, sales, and general information support. If YOU offer training to YOUR customers,

YOU are solely responsible for providing the training to them. YOU agree that YOU will not direct YOUR customers to contact US for any billing, customer service, sales, or general information support, or for any training.

If any of YOUR customers causes harm to US or to any of OUR customers or the customers of any of OUR resellers, then YOU agree to be liable for that harm and all damages arising from that harm.

When WE can do so without unreasonable effort or expense, WE usually restore accounts for OUR reseller customers free of charge at their request. However, YOU understand and agree that WE may not always be able to restore accounts for YOU or YOUR customers and that WE do not guarantee that we will restore any or all of YOUR customers’ accounts.

If YOU breach or default on any of YOUR obligations to US under YOUR Agreement with US or any policy contained in that Agreement, YOU understand and agree that such a breach or default may result in the suspension or termination of YOUR account and hosting privileges with US. YOU further understand and agree that the loss of YOUR account and hosting privileges may create negative business, economic, or legal consequences (collectively the “Consequences of Breach or Default”) between YOU and YOUR customers.

YOU hereby further agree to defend, indemnify, and hold harmless PHSITE.COM eSolutions and PHSITE.COM eSolutions, and the parents, subsidiaries, successors, assigns, employees and agents of PHSITE.COM eSolutions and PHSITE.COM eSolutions against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) that are or arise out of the Consequences of Breach or Default, and to reimburse an indemnified party for all legal and other expenses, including reasonable attorneys’ fees incurred by such indemnified party in connection with investigating, defending, or settling any Loss whether or not in connection with pending or threatened litigation in which such indemnified party is a party.

YOU must conduct YOUR business with high levels of integrity and fair dealing. YOU should maintain a reputation for fair dealing and customer service at the highest levels.

These terms may be modified at any time without notice. All users are always subject to the newest terms posted here at all times. It is the end users responsibility to be aware of the latest terms of service and other policies at all time. It is our responsibility to provide these policies in a ready and readable form. We will, when possible, elect to notify clients of updates or changes to our policies in various mediums available including but not limited to;

We reserve the right to revise, amend, or modify this AUP/TOS and our other policies and agreements at any time and in any manner. If any terms or conditions are failed to be followed the account in question will be automatically deactivated. Notice of any revision, amendment, or modification will be posted in accordance with these policies.