The service that is a subject to the following agreement is distributed by PhpHost and provided by Attractsoft GmbH, registered in Germany, Registration No.: HRB 7963 KI.
The client (YOU) should be aware that by signing up for an account with PhpHost, YOU absolutely agree to store data on our servers, thus making it accessible to the wide public.
Hence YOU accept that it is beyond the power of PhpHost to restrict such access and guarantee the security of any uploaded files. YOU are fully responsible for protecting your data
on PhpHost servers, which suggests that you would consider carefully any piece of information before uploading it to your Semi-Dedicated hosting account on PhpHost servers.
Please avoid publishing personal data that could be easily obtained by the wide public and consequently abused online.
By completing the order form and purchasing a Semi-Dedicated hosting plan you agree and understand that this represents your electronic signature of this document.
PhpHost Semi-Dedicated hosting account Services:
PhpHost shall provide its Services to YOU (the Client) under these Terms of Services (Agreement). The Agreement is intended to keep the integrity of both PhpHost
and the Client and to protect both parties from liability. This Agreement will be enforced to ensure the speed, power, performance, and reliability of our services.
By completing the Order Form and any other documents or agreements additionally specified in this Agreement, the Agreement constitutes the whole act of convention between PhpHost
and the Client, thus being the most significant document of the established relationship. In case a court of competent jurisdiction considers that any of the Agreement's provisions are invalid,
unenforceable, or void, the remaining provisions will completely preserve their validity.
The Client's side of the Agreement could be presented by an individual being over 18 years of age or a legal entity such as a corporation, a limited liability company etc. that is consistent
with the state's law system. Moreover, if a person represents the Client for some reason, he/she should be legally authorized to act on his/her behalf, thus accepting, executing and delivering
YOU understand and agree that the Service is provided on an "AS IS" basis and that PhpHost assumes no responsibility for the timeliness, deletion, and failure to deliver or store any
Client communication or personalization settings.
PhpHost SEMI-DEDICATED HOSTING ACCOUNT SERVICE
Bandwidth - Each plan includes prepaid bandwidth.
Domains Hosted - PhpHost Semi-Dedicated hosting plans include a domain Semi-Dedicated hosting account. Each plan has a fixed number of domains that can be hosted.
For more information about the different plans refer to our web site.
Domain Registration - Free domain names are available for all Semi-Dedicated hosting plans for the initial year of registration. Please note that domain name registrations
are final and cannot be refunded.
Disk Space - Each Semi-Dedicated hosting plan includes prepaid and disk space. For the exact disk space please refer to our website's Semi-Dedicated hosting plan table.
IP Address/es - PhpHost Semi-Dedicated hosting plans do not initially include private IP addresses. In case YOU want to buy an SSL, an IP address available for
purchasing will be at your disposal. If you need an IP address for anything else, you should provide a good well-founded technical reason for that in a trouble ticket to our Support Team.
MySQL/PostgreSQL Databases - All Semi-Dedicated hosting plans include databases. Please observe the Semi-Dedicated hosting plan comparison page on our website for further
details or contact our Sales Department.
MySQL/PostgreSQL Databases Quota - The allocated MySQL/PostgreSQ quota per database depends on the Semi-Dedicated hosting plan. Please refer to the plan comparison page
on our website for more details or contact our Sales Department.
SSH - 1 Secured Shell access is available for every Semi-Dedicated hosting plan.
BACKGROUND OPERATIONS/ADD-ON SERVICES
All paid Semi-Dedicated hosting plans of PhpHost include, but are not limited to, the following services: CronTab, Zacky Tools Installer and a Mailing list integrated into
the Semi-Dedicated hosting Control Panel! These services are offered and provided WITHOUT WARRANTY and WITH NO GUARANTEE OF RESULTS.
Additionally, PhpHost might offer the following ADD-ONS:
Site Search Engine Submission - When applicable as a free add-on product, SEO submission should be requested within three months of order placement. Please note that
to successfully submit your site, it should be fully functional and finished. Sites under construction, that are not finished, or without index page will be accepted.
PhpHost ADDITIONAL SERVICES - ADD-ONS, FEATURES AND VALUE-ADDED SERVICES OF FEATURES ARE OFFERED ON "AS IS" AND "AS AVAILABLE" BASIS. PhpHost REJECTS ANY IMPLIED WARRANTIES.
NONE OF PhpHost'S EMPLOYEES, MANAGEMENT OR AFFILIATES MAY BE HELD RESPONSIBLE AND THUS LIABLE FOR ANY POSSIBLE DAMAGES AS A RESULT OF THE USE OR MISUSE OF ANY INFORMATION, CONTENT OR
SERVICES PROVIDED BY PhpHost, INCLUDING DIRECT OR INDIRECT, PUNITIVE, AND INCIDENTAL DAMAGES RESULTING FROM ANY FAILURE TO PROVIDE SERVICES, SUSPENSION OR TERMINATION OF SERVICES.
PhpHost guarantees a 99.8% network uptime. This, however, does not apply to problems arising from:
Server Hardware Breakdown;
User error(s) or purposeful interruption(s) of the Semi-Dedicated hosting service.
Failures due to software that is not explicitly supported by PhpHost. Consequently, if a hardware crash caused by a customer happens, PhpHost is beyond the control
and responsibility for the resulting downtime.
Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server
is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services.
ACCOUNT USAGE & HOSTED CONTENT
Your account's content MUST comply with the parameters stated in this Agreement. Web content requirements exclude the publication of illegal content or content considered inappropriate.
Customers should get in touch with a representative of PhpHost regarding any inquiries over this matter.
If any of PhpHost Services are used for the illegal purpose of SPAM, then those services will be terminated immediately. If unauthorized access is detected,
PhpHost reserves the right to ban without a notice the use of any PhpHost hardware or software hosted on a server of PhpHost for trying to illegally
access another hosted machine or network.
You absolutely agree and understand that by breaking this paragraph and generally this agreement your account will be closed without a notice and no refund will be issued.
A chargeback of the amount will be prosecuted legally by PhpHost legal advisers to the full extent of the law.
During the first six months after your account's expiration date, we will send you weekly notifications regarding your account's status and the available renewal options.
Failure in renewing your account during this period will result in the deletion of your account's data.
If your account has been blocked due to a violation of the Terms of Service, abuse, SPAM, or any other malicious activity, then it's data will be deleted after
15 days without any notice.
MONEY BACK GUARANTEE
PhpHost offers a 30-day money back guarantee. If you are not satisfied with our Semi-Dedicated hosting account service within the time frame of 30 days after you purchased
the account, you may contact our Sales Department and you will receive a full refund for your Semi-Dedicated hosting plan. All domain registrations are final and do not fall under
the money-back guarantee and will be a subject to the regular domain price per year.
In the case of a bank wire refund, a fee of 10.00USD is added and the reverse bank wire is sent at the client's expense. To process the reverse bank wire we need you to submit (via
a trouble ticket) the following details: Last name, First name or Company name, City, IBAN, and BIC.
PAYMENT AND CHARGEBACKS
All customers should abide by the following verification procedure.
Services are distributed by PhpHost and provided by AttractSoft GmbH. By signing up for these services you agree that you will be charged the respective
amount for these services by the respective merchant provider under vendor name AttractSoft GmbH. When signing up for a Semi-Dedicated hosting service with PhpHost,
the customer agrees to all the specified Terms in this document. Thus, PhpHost will utilize this document as evidence for the customer's agreement in cases of a chargeback
inquiry on behalf of the customer based on points that the client tries to refute after he/she accepted them at the time of the order.
PhpHost will charge the customer fees based on the fee structure at the time of the sign-up process. PhpHost reserves the right to introduce changes
to the packages when needed regarding price and a set of features. This means that the current price list may differ from the pricing and features of the customer's account.
When signing up for a Semi-Dedicated hosting account with PhpHost, the customer agrees to pay the whole price of his/her subscription period upfront.
All upgrades from an existing free or paid account are paid by the client based on the period stated in the client's Control Panel, Completed Orders section. Credit card
accounts and associated services will be automatically renewed unless notified prior to the expiration date of service.
Chargebacks are not accepted as a way of refunding. Any client who initiates a credit card chargeback of an order will be a subject to collections and legal actions.
He/she will be charged 30.00USD, because when signing up with PhpHost, customers accept these terms and conditions, thus agreeing to observe them strictly.
WARRANTIES AND REPRESENTATIONS
PhpHost provides Semi-Dedicated hosting services on an "as is" and "as available" basis without warranties or representations for its offering. The company bears no
responsibility for connection problems, in cases when customers' Semi-Dedicated hosting accounts with PhpHost experiences with service interruption issues.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the PhpHost Services, you will not use the PhpHost Services for any purpose that is unlawful or prohibited by these terms,
conditions, and notices. You may not attempt to gain unauthorized access to any PhpHost Services, other accounts, computer systems or networks connected to any
PhpHost Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means
not intentionally made available through the PhpHost Services.
PhpHost, in its sole discretion, reserves the right to disclose at any time any piece of information that PhpHost deems necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit, refuse to post or to remove, in whole or in part, any piece of information or material.
Any dealings with third parties (as well as advertisers) included within the PhpHost Services or participating in promotions, delivery and payment of goods and services,
and any other terms, conditions, warranties and representations associated with such dealings or promotions, are solely between you and the advertiser or the other third party.
PhpHost cannot be held responsible or liable for any part of such dealings and promotions.
YOU agree that PhpHost, in its sole discretion, may terminate your password, account (or any part thereof) as well as the use of the Service, and remove
and discard any Content within the Service, if violate these terms.
YOU are solely responsible for the content of your web pages, messages or data you or your sites' users upload on PhpHost servers. Using the PhpHost
Services in connection with surveys, contests, pyramid schemes [HYIP], chain letters, junk e-mail, spamming or any duplicative or unsolicited messaging (commercial
or otherwise) is prohibited.
In consideration of your use of the Service, YOU agree to:
Provide true, accurate, current and complete information about yourself as prompted by the Service's registration form.
Maintain and promptly inform us to update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or PhpHost has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete,
PhpHost has the right to suspend or terminate your account and refuse any and all current or future requests to use the Service (or any portion thereof).
YOU will receive a password and an account designation upon completing the Service registration process. YOU are responsible for maintaining the confidentiality
of your account details, and YOU are fully responsible for all activities that are associated with your account. YOU agree to:
immediately notify PhpHost, of any unauthorized use of your password, account and/or any other breach of security;
ensure that you exit from your account at the end of each session;
refrain from posting, disclosing, providing, selling or offering to sell your account details provided by PhpHost to any third parties;
PhpHost cannot and will not be held liable for any loss or damage arising from your failure to comply with these terms and conditions.
Any Customer in violation of our system or network security and/or enormously overloading/over flooding the servers' resources is subject to
criminal and civil liability, as well as an immediate account termination. Examples include, but are not limited to, the following:
Unauthorized access, use, probe, rootkit or scan of a system's security or authentication measures, data or traffic;
Interference with the service of any user, host or network including, without limitation, e-mail bombing, flooding deliberate attempts to overload a system,
and broadcast attacks;
Forging of any TCP/IP packet header or any part of the header information in an e-mail or a newsgroup posting;
The Customer agrees not to publish on or over his/her account any information, software or other content which violates or infringes
upon the rights of any third party or which knowingly contravenes the laws of any jurisdiction in which such content is generally accessible.
PhpHost does NOT allow sites that provide any content, points of distribution, or 'links' to sites that:
Infringe on any third party's intellectual property or proprietary rights, or rights of publicity or privacy;
Violate any law, statute, ordinance or regulation;
Are defamatory, trade libelous, threatening, unlawfully harassing, abusive, pornographic or obscene;
Contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software/programs that may damage the operation
of a third party's computer or property;
Contain Proxy, Pirated or Hacking / Phreaking Software (Warez). Moreover, any software that is copyrighted and not freely available for distribution
without cost, ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) - all fall under this jurisdiction. This includes also Torrent sites or links to Torrent sites;
Sites related or directly providing escort services;
Display/distribute Adult content as well as any erotic or pornographic material, links to adult sites, or advertisements for adult sites;
The use of phishing or mimic sites is strictly prohibited on PhpHost. Any user's account suspected in such activity will be terminated WITHOUT
a refund and legal actions will be started to the full extent of the law.
YOU acknowledge and agree that PhpHost might change these Terms of Services without notice and you are solely responsible for checking for
such changes, follow up and comply with them.
In conclusion, any client not observing the aforementioned rules is subject to an immediate account termination without a refund!
CUSTOMER WEBSITE; CUSTOMER WARRANTIES/GUARANTIES
When buying a Semi-Dedicated hosting plan with PhpHost, customers agree to be fully responsible for the deployment, development, operation
and maintenance of their website, online store and/or e-commerce activities within that space. Each customer is in charge of all the products, services,
contents, and materials appearing online, including:
the accuracy and relevance of the Customer's content and material showcased in his/her store or products;
the certainty that the Customer's content and materials appearing on his/her store or products do not violate or infringe upon the rights of any third party;
the certainty that the Customer's content and materials appearing on his/her store or products are not calumnious or somehow illegal. The Customer is the only
one in charge of approving, processing, filling customer orders, and taking care of customer requests and complaints. The Customer is the only one in charge
of the payment or satisfaction of any and all taxes related to his/her website/s and online store/s.
The Customer bears the responsibility for ensuring the security and confidentiality of his/her customer's data (including, without limitation, customer
credit card numbers) that he/she may receive in connection with his/her website/s or online store/s.
Each Customer guarantees to PhpHost that he/she owns or possesses the right to use the Customer Content and the corresponding material, including
all text, graphics, sound, music, video, programming, scripts and applets. Each Customer warrants to PhpHost that the use, reproduction, propagation,
and transmission of the Customer Content and any information and materials contained inside do not, and will not:
infringe or abuse any copyright, patent, trademark, trade secret or any other proprietary right of a third party;
break any criminal laws or manifest false advertising, unfair competition, vilification, privacy intrusion; violate a right of publicity or violate any other law
Each Customer empowers PhpHost to reproduce, copy, use and propagate any and all parts of the Customer content for the purposes of ensuring
and maintaining the Services operation. PhpHost is granted the right to assess the extent to which these operations need to be performed.
Any indecent, abusive or insulting treatment towards a PhpHost employee will be considered inappropriate. Each Customer is expected to conduct in a well-behaved manner
when communicating with PhpHost employees regarding any requests for help through e-mail, phone, etc. Each Customer should avoid applying any form of a written emotional
outburst. All attempts of uncontrolled behavior will be interpreted as a breach of this Agreement. Other acts of treatment towards PhpHost employees that will be
considered as unacceptable include verbal, oral, written or delivered by a second party threats that are addressed to PhpHost or any of its employees, partners, equipment,
and concerns. All forms of such threats will be interpreted as a breach of this Agreement. PhpHost reserves the right to restrict or completely stop access to the client's
account and even to permanently disable the client's Semi-Dedicated account without issuing a refund if any of the aforementioned rules are violated and if further communication
is not possible due to continued bad mannered client behavior!
SPAMMING IS PROHIBITED
We take a zero tolerance stance against the sending of unsolicited e-mail, bulk emailing, and spam. Any user who sends out spam will have their account terminated with or without
a notice. We will determine in our sole discretion whether any of the messages you send are spam. For your information, spamming generally includes, but is not limited to:
Advertising of your PhpHost hosted site using Unsolicited Email (spam). This is strictly prohibited and your account will be removed immediately if it is
involved in any type of spam activity;
The bulk sending of unsolicited messages, or the sending of unsolicited e-mails which invoke complaints from the recipients;
The sending of junk mail;
The use of distribution lists that include people who have not given explicit permission to be included in such distribution channels;
The posting of commercial ads to USENET newsgroups that do not permit them;
The posting of articles containing binary encoded data to non-binary newsgroups;
The excessive and repeated posting of off-topic messages to newsgroups;
The excessive and repeated cross-posting;
Excessive email sending/receiving: over 200 emails in one hour; over 2000 emails in one day;
The e-mail harassment of another Internet Customer/s, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any
nature which could be deemed to be offensive;
The e-mailing of age-inappropriate communications or content to anyone under the age of 18;
PhpHost reserves the right to require changes and to disable as necessary any website, account, database, or any other component that does not
comply with its established policies or to make any such modifications in an emergency at its sole discretion.
ZACKY TOOLS SOURCES MODIFICATION
PhpHost reserves the right to modify the sources of the applications installed via ZackyTools in order to meet specific company needs. Such needs may be (but not limited to):
Default incoming/outgoing links modification. Such modifications can be removed and the application reverted to its very default state upon written request (either via a Trouble Ticket or
an email message to firstname.lastname@example.org ).
ACCOUNT HDD RESOURCES USAGE
Each and every PhpHost Customer agrees not to allocate more than 30 000MB of their Semi-Dedicated hosting account space to image and multimedia (.gif, .png, .avi, .mpg, .jpg, .mp3, .3gp) files.
Each and every PhpHost Customer agrees not to allocate more than 30 000MB of their Semi-Dedicated hosting account space to archive (.rar, .zip, .tar, .gzip, .iso, .nrg, .cue, .ccd, .img, .sub, .cue) files.
Each and every PhpHost Customer agrees not to allocate more than 30 000MB of their Semi-Dedicated hosting account space to DB dump backup (.sql, .pgsql, .mssql, .mysql) files.
Each and every PhpHost Customer agrees not to allocate more than 30 000MB of their Semi-Dedicated hosting account space to .exe, .pdf, .psd, .ppt files.
Each and every PhpHost Customer agrees not to allocate more than 30 000MB of their Semi-Dedicated hosting account space to any identical file types.
Each and every PhpHost Customer agrees not to allocate more than 3000MB of their Semi-Dedicated hosting account space for the storage of emails.
ACCOUNT DB RESOURCES USAGE
PhpHost provides its Customers a Semi-Dedicated hosting service with the ability to use MySQL and PostgreSQL database engines. The very nature of the service requires that database server resources
are shared. The number of available databases depends on the package that the Customer has signed up for. The database engines described above should be used by the Customer in a manner that will not affect
server performance and no downtime can be caused due to over-usage.
Every Semi-Dedicated hosting account can use up to 250 000, 350 000, or 500 000 queries per hour depending on the purchased plan, and also up to 60 concurrent connections towards a single database.
In case a database is detected to use more than 20% of the shared database server's CPU,
PhpHost reserves the right to suspend the account associated with the database without any prior warning.
ACCOUNT CPU/RAM RESOURCES USAGE
PhpHost provides its Customers with the ability to use CPU and RAM on a shared principle. The resources described above should be used by the Customer in a manner
that will not affect server performance and no downtime can be caused due to over-usage. In case a process is detected to use more than the 20%, 35% or 50% of the shared CPU/RAM,
PhpHost reserves the right to suspend the Semi-Dedicated account associated with the process without any prior warning.
INODES RESOURCES USAGE
Every file (web page, image, email, etc) on your account uses up 1 inode. PhpHost's Semi-Dedicated plans do not have inode limitation.
BACKUPS, DATA LOSS, AND BACKUP LIMIT
Your use of the Semi-Dedicated service is at your sole risk. It is provided to you as a courtesy. Our backup service runs each week and we keep backups only from the last three weeks.
PhpHost 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
backups of files and data stored on PhpHost servers. Any shared account using more than 3GB of disk space will be removed from our off-site backup. Emails are not backed up.
All data will continue to be mirrored to a secondary drive (RAID backup) which helps to protect against data loss in the event of a hard drive failure.
TRAFFIC RESOURCE USAGE
PhpHost provides an unlimited monthly traffic allowance. A fair use policy applies to the Unlimited data traffic packages on the Semi-Dedicated hosting platform. If you generate
more server traffic than is deemed acceptable by PhpHost, to the detriment of other PhpHost customers, PhpHost reserve the right to interrupt the service.
Unlimited data transfer applies to your use of web pages only (HTML, PHP, etc.), and not for the storage of movies, pictures, audio files, downloads, etc. Unused traffic in one month cannot
be carried over to next months. PhpHost reserves the right to suspend and/or terminate any account that due to traffic over-utilization endangers the normal function of the
Semi-Dedicated hosting platform.
WEB SERVER RESOURCE USAGE
PhpHost provides a shared Semi-Dedicated hosting service. The very nature of the service requires that Web Server resources are shared. Every Semi-Dedicated hosting account can use
up to 100 concurrent (simultaneous) connections originating from one IP (regardless of the domain, subdomain) and also 100 concurrent connections towards a single vHost (domain or subdomain).
IP RESOURCE USAGE
Due to depletion of the pool of unallocated IPv4 addresses, PhpHost has to comply with the latest trends and technologies available to continue providing IPs to its customers in
a sustainable way. IPs for SSL certificates are provided on a shared basis between multiple hostnames using the Apache SNI module. All SSL certificates we provide work properly with the
new SNI technology, which is fully supported by the major modern browsers. However, visitors using older versions of browsers or browsers that do not support SNI might experience warnings
about your website's certificate.
In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to PhpHost, the Site or the Services (collectively "Feedback"),
you agree we may use the Feedback to modify our products and services and that you will not be due any compensation, including any royalties related to the product or service that
incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import,
sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same.
This is true whether you provide the Feedback on the Site or through any other method of communication with us unless we have entered into a separate agreement with you that provides otherwise.
FORCE MAJEURE CIRCUMSTANCES
PhpHost will not be held responsible in case of a failure or delay in doing its professional duties in consequence of circumstances beyond its control. Such circumstances could be
caused by acts of any governmental body, war, rebellion, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of,
interruption or delay in telecommunications or third party services (including DNS propagation), failure of a third party software or hardware or inability to obtain raw materials, supplies
or power used in or equipment needed for the provisioning of the Services.
Copyrighted material must not be placed on any Customer's account without the permission of the owner(s) or the person(s) they specifically authorize. Only the owner(s) or such authorized
person(s) may upload copyrighted material to the account.
Upon our receipt of a notice of a claimed copyright infringement containing the above information, after confirmation, we will promptly remove the allegedly infringing material from the Services
and carry out further procedures if necessary. We will have no liability to any Customer of the Services for the removal of any such material.
PhpHost cannot be held responsible for the content of pages hosted under our service. PhpHost cannot be held liable for any damages or lost profits from copyright
infringements or unauthorized content reproduction hosted on our platform as a standalone user domain or as a subdomain under our utility domains, including but not limited to the following
utility domains: onlinewebshop.net, myartsonline.com, mygamesonline.org, mypressonline.com, getenjoyment.net, medianewsonline.com, scienceontheweb.net, mywebcommunity.org, sportsontheweb.net, atwebpages.com. PhpHost does not review pages for content before they are posted and does not verify, endorse or otherwise take responsibility for the
contents of any user-created pages. However, we reserve the right to remove any page from our servers which we determine is in violation of our rules and guidelines. The client is solely
responsible for all files contained in their own directory and can be held legally liable for the contents of their website.