Terms and Conditions
Agreement (the "Agreement") contains the complete terms and conditions
which govern your subscription of Web hosting, e-Commerce and other Internet-related
services provided by Phantasyworks Hosting Network., (the "Services").
As used in this Agreement, "Phantasyworks Hosting Network." means
Phantasyworks Hosting and "Client", "you", or "your"
means you. By clicking on the "Submit Order" button, you acknowledge
that you have read the Agreement, and you agree to its terms and conditions
and all policies posted on the Phantasyworks Hosting Network site. As referred
to in this Agreement, "Site" refers to a World Wide Web site and "Phantasyworks
Hosting Network Site" refers to the Site located at the URL http://www.phantasyworkshosting.com
, or any other successor Sites owned or maintained by Phantasyworks Hosting
As a reseller
you are bound and all your customers are bound by the limitations of this agreement.
You as a reseller agree at all times you hold harmless, defend, and indemnify
Phantasyworks Hosting Services from any legal action taken by any account you
sell or create. As a reseller of our services you are responsible for your client's
actions and the content that you host for them. In the event of a breach of
these terms by any client of yours, you will be notified and asked to rectify
the situation in a timely manner. In the event you refuse or do not take action
in a timely manner the offending site may at the sole discretion of Phantasyworks
Hosting Services be suspended or terminated. Repeated violations of these terms
may result in the termination of your account and all your customers account.
1. APPROPRIATE USE OF THE SERVICES.
Phantasyworks Hosting Network
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.
Client Content. Client agrees that it will not distribute, electronically
transmit or display any materials supplied by Client - or through Client by
a third party - to any Phantasyworks Hosting Network connection with Client's
use of the Services which:
any state, federal or foreign laws or regulations;
on any intellectual property rights (e.g., copyright, trademark, patent
or other proprietary rights) of Phantasyworks Hosting or any third party;
defamatory, slanderous or trade libelous;
threatening or harassing;
discriminatory based on gender, race, age or promotes hate
any Phantasyworks Hosting policy posted on the Phantasyworks Hosting Site
including, but not limited to, our AUP.
viruses or other computer programming defects which result in damage to
Phantasyworks Hosting or any third party.
Client may occupy only the amount of disk space Allocated to them, and utilize
no more than the network bandwidth that is allotted by by the plan in which
the user has chosen . Additional fees, specified in the Virtual Host plans
page, will be charged for exceeding the disk space and/or network bandwidth
allowance of your selected plan.
"SPAM". Client shall not use the Services for chain letters,
junk mail, spamming, or any use of distribution lists to any person who has
not given specific permission to be included in such a process. Client also
shall not engage in any unsolicited email practices, or otherwise, that mentions
or reference any domain hosted by Phantasyworks Hosting Network. servers.
NOTE: THIS POLICY APPLIES TO VIRTUAL SERVER ACCOUNTS, AND Reseller Accounts
and ALL DOMAINS, NAMES SERVERS AND PARKED DOMAINS HOSTED ON THE SERVER.
Software Only. Client agrees to use only properly licensed third party
software in connection with Client's use of the Services.
Files. Client will have the ability to reinstate files which are automatically
archived by Phantasyworks Hosting ; however,Phantasyworks Hosting does not
guarantee the existence, accuracy, or regularity of its backup services and,
therefore, Client is responsible for making back-up files in connection with
its use of the Services. Backup capability is available through the Client’s
Control Panel. There is a fee of $75.00 per occurance if we have to restore
a back up for you.
Phantasyworks Hosting Network reserves the right to refuse service to anyone.
Phantasyworks Hosting Network, in its sole discretion, may immediately terminate
this Agreement if Client engages in any of the foregoing. To report any unacceptable
behavior by a third party using the Services, please contact firstname.lastname@example.org.
2. PAYMENT OBLIGATIONS
Fees. Each Client
will pay on a monthly or yearly basis depending on the date ordered, Phantasyworks
Hosting Network. shall either (i) debit Client's credit card (where such information
is provided by Client) on this date. or (ii) deliver by e-mail an invoice to
Client in accordance with the applicable Services fees for services rendered
for the current month(extras) and the next month after the current month. Where
an invoice is delivered to Client, Client shall remit payment to Phantasyworks
Hosting Network by no later than the specified payment due date which will determined
by the dated entered into the agreement. Phantasyworks Hosting Network shall
be entitled to immediately terminate this Agreement for Client's failure to
make timely payments to Phantasyworks Hosting Network. Certain services carry
a set-up fee charged by Phantasyworks Hosting Network to Client that must be
paid by Client in order to have use of the Services. If Client terminates this
Agreement in accordance with Section 4 hereunder, Client shall be responsible
for any outstanding fees owed to Phantasyworks Hosting Network. and agrees to
pay any and all fees incurred by Client. Because the Services are provided on
a monthly or yearly basis, Client will be responsible for Service fees incurred
each month regardless of when Client provides notice of termination. Thus, for
example, if Client provides notice to terminate on the 15th of a particular
month, Client will still owe fees for the entire month and such fees will not
be refunded. If Client has retained the Services for one (1) year and has pre-paid
IMIN for such Services, refunds will be issued for any unused full month portions
of the Services upon Clients request. Therefore, if Client's account is cancelled
at any point during the one (1) year term, Client will be entitled to a refund
for the months remaining after notice given by the 25th of the preceding month.
Yearly account usings over their usage(additional fees) will be charge at the
end of a one month period or if additional services equal greater than $100
at any one time whichever of these conditions comes first
Domain Names. If Client chooses to register a domain name(s). PhantasyWorks
has no part in maintaining or payment of such service and in under total control
on the client.
3. CLIENT LIABILITY AND INDEMNIFICATION
parties agree that in no event shall Phantasyworks Hosting Network be liable
to any third party for Client's breach or alleged breach of any of the terms
and conditions set forth in this Agreement. Client agrees to defend, indemnify
and hold harmless Phantasyworks Hosting Network from any and all expenses,
losses, liabilities, damages or third party claims resulting from Client's
breach or alleged breach of any Client obligations set forth hereunder.
4. TERM, TERMINATION & REINSTATEMENT
to the terms and conditions hereof, this Agreement shall be effective on the
date you register for the Services, and shall continue in effect on a month-to-month
basis unless otherwise specified by separate agreement (the "Term")
unless terminated earlier pursuant to the provisions of this Section 4. Either
party will have the right to terminate this Agreement upon notice to the other
party. If Client is terminating this Agreement, Client must follow instructions
for cancellation provided on the Server Cancellation Information page. The
essence of this page states that Client must contact the PhantasyWorks Network
to receive a cancellation number, which Client shall retain as proof of termination,
and all cancellation requests must be received by the Twenty-Fifth (25th)
of the respective month of cancellation. Any other attempt by Client to cancel
this Agreement by written or e-mail notice shall be void. Sections 3 - 8 shall
survive termination or expiration of this Agreement.
- If Client
terminates its account, Client shall be allowed to re-instate Client's use
of the Services within Seven (7) business days of cancellation. Client shall
pay a fee of Fifty Dollars ($50) prior to any re-instatement of Client's account.
Once payment has been received, Client's account will be activated within
Forty-Eight (48) business hours. PhantasyWorks will maintain an archival copy
of Client's Web site for Seven (7) days after PhantasyWorks receives notice
of cancellation. Thereafter, Client will need to place a new order if it wishes
to subscribe to the Services.
will pay and indemnify and hold Phantasyworks Hosting Network. harmless from
any and all taxes associated with or arising from Client's use of the Services,
including any penalties and interest and any costs associated with the collection
or withholding thereof.
6. DISCLAIMER OF WARRANTY
SERVICES, THE PHANTASYWORKSHOSTING SITE, INCLUDING WITHOUT LIMITATION, ALL
PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE Phantasyworks Hosting Network.
SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT
ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. PHANTASYWORKSHOSTING.
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE
FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PHANTASYWORKSHOSTING. SPECIFICALLY
DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE;
(2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS;
AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
7. LIMITATION OF LIABILITY
- IN NO
EVENT SHALL PHANTASYWORKSHOSTING BE LIABLE FOR DAMAGES RESULTING FROM LOSS
OF DATA, PROFITS, USE OF THE PHANTASYWORKSHOSTING SITE OR ANY PHANTASYWORKSHOSTING
PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL
DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS
OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL PHANTASYWORKSHOSTING’S
CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500
- We reserve the right modify the TOS at our disposal. Clients are not allowed to host any other site other than their main domain. This means you cannot host a friends site on a subdomain, a distant relatives site on a subdomain, etc. Notices.
Any notices or communication under this Agreement shall be in writing and
shall be deemed delivered to the party receiving such communication at the
address specified below (1) on the delivery date if delivered personally to
the party, or a representative of the party; (2) one business day after deposit
with a commercial overnight carrier, with written verification of receipt;
(3) five business days after the mailing date, whether or not received, if
sent by postal mail, return receipt requested; (4) on the delivery date if
transmitted by confirmed facsimile.
to Phantasy Works Hosting:
Phantasy Works Hosting
1007 S. Courtland Ave.
Kokomo, Indiana 46902
Name and address provided for account setup.
any of the provisions, or portions thereof, of this Agreement are found
to be invalid under any applicable statute or rule of law, then, that provision
notwithstanding, this Agreement shall remain in full force and effect and
such provision or portion thereof shall be deemed omitted. This Agreement
(including the Exhibits, attachments and/or addenda, if any,) represents
the entire agreement of the parties with respect of the subject matter hereof
and supersedes all prior and/or contemporaneous agreements or understandings,
written or oral between the parties with respect to the subject matter hereof.
This Agreement and the rights granted and obligations undertaken hereunder
may not be transferred, assigned or delegated in any manner by Client, but
may be so transferred, assigned or delegated by Phantasy Works Hosting.
Any waiver or any provision of this Agreement, or a delay by any party in
the enforcement of any right hereunder, shall neither be construed as a
continuing waiver nor create an expectation of non-enforcement of that or
any other provision or right. In any legal proceeding between the parties
under this Agreement, the prevailing party shall be entitled to recover
its costs, expenses and reasonable attorneys' fees. This Agreement is made
under and shall be governed by the laws of the United States of America,
except with regard to it’s conflict of law rules. This Agreement and
Phantasy Works Hosting policies are subject to change by Phantasy Works
Hosting without notice. Continued usage of the Services after a change to
this Agreement by Phantasy Works Hosting or after a new policy is implemented
and posted on the Phantasy Works Hosting Site constitutes your acceptance
of such change or policy. We encourage you to regularly check the Phantasy
Works Hosting Site for any changes or addition.