Terms of Service

The use of services from PhyloxSolutions.com [hereafter referred to as “Phylox Solutions”] constitutes agreement to these terms.

1. Service Level Agreement – Terms of Service

This SLA is part of your contract with us. It sets out our rights and responsibilities for our failure to meet the criteria herein.

We guarantee network uptime 99.9% of the time during a 12-month period. Scheduled maintenance, Force Majeure such as hardware and software failure, hackers’ and other attacks, and other, and Third Party Services are excluded. Our calculation of network availability is based on our internal records.

In the event there is no Web Site Availability, Phylox Solutions will credit your account with the monthly fee for the Service as calculated below. The maximum credit will not exceed the monthly Fee for the month during which Phylox Solutions does not meet the Web Site Availability:

Monthly Uptime & Credit Chart

95% to 99.9% —> 10% Credit

90% to 94.9% —> 25% Credit

89.9% and below —> 100% Credit

In order for you to receive a credit, you must request the credit within three business days after you experienced Web Site Unavailability via your client account login or via email at support[at]phyloxsolutions.com. The maximum credit will not exceed the monthly Fee for the month during which Phylox Solutions does not meet the Web Site Availability. Web Site Unavailability means: your web site is not responding to http requests, or unavailable via the http protocol. If you are past due on any Fees or you have breached these TOS, we are not required to provide the Credit to you. You will receive only one Credit as described by the Monthly Uptime & Credit Chart per disruption. For example, should the disruption qualify for both an Uptime Credit and an Infrastructure Credit, you will receive only one Credit. Credits may not be aggregated, are limited to one month’s Fees over a 12-month period, and may not be carried over from month-to-month.

This SLA is your sole and exclusive remedy for downtime, or any network, software, hardware or Equipment failure.

SLA Credit Restrictions

Credits will not be provided to you in the event that you have no Web Site Availability because of: (i) scheduled maintenance, (ii) your behavior or the performance or failure of your equipment, programs or applications, or (iii) circumstances beyond Phylox Solutions’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, DDoS attacks (distributed denial-of-service), unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for the Services.

Response Time SLA

Phylox Solutions guarantees its customers will receive a response to Level 2 Support tickets within 24 hours and Level 1 Support Tickets within 48 hours. This guarantee covers all requests that are submitted through a trouble ticket via the customer account login (login.phyloxsolutions.com). Phylox Solutions, Support Department shall respond to all properly submitted requests within the response times stated above. In the event that Phylox Solutions fails to respond to any Level 2 properly submitted request within the response times provided below, the customer shall be entitled to receive a service credit of 5% of the client’s anticipated monthly uptime. The amount of compensation may not exceed 100% of the client’s monthly fee.

This guarantee means that all Level 1 support requests will be responded to within forty-eight (48) hours, but does not mean that the issue will be resolved within forty-eight (48) hours. If an issue qualifies as an advanced issue, it may require the assistance of our Level 2 or Level 3 Support department. The twenty-four (24) hour response time guarantee only applies to Level 2 support related inquiries on initial contact, and does not apply to any other support levels.

Level 1: Level 1 support inquiries range from an inquiry about a particular feature, DNS related questions, and basic diagnostics. Level 1 inquiries generally consist of all questions related to the website and cPanel, and can be resolved without accessing the server through SSH.

Level 2: Level 2 support inquiries range from reports involving Website Unavailability, Webmail Inaccessibility, or server related issues that prevents users from accessing the website or accessing their email.

Requesting a Service Credit

As outlined in this Response Time SLA, Phylox Solutions shall issue a service credit to the customer’s account if Phylox Solutions does not meet the guaranteed response time limits mentioned in the SLA. The Service Credit will be applied to the clients next invoice that is due, after the credit has been requested and approved by a member of the Phylox Solutions staff. In order for a customer to receive a credit on their account, the customer must request the service credit with three (3) business days of the incident in which the response time was not met. This credit request must come from the authorized e-mail account for the customer’s account, and must be submitted directly in the form of a ticket to our Support or Accounting Department via the customer’s portal account located at http://login.phyloxsolutions.com . The ticket must include the customer’s account information, and the Ticket Number in which the response time was not met by Phylox Solutions, Support Department. Since all response times are checked through the Ticket Helpdesk System, there will need to be a Ticket Number mentioned and/or the dates and times that the incident(s) occurred. The Service Credit Request will be reviewed by a member of Phylox Solutions staff to make sure the request is valid, and the customer will receive notification of a Service Credit approval or denial. If a Service Credit Request has been approved, the Service Credit will be applied to the customers next due invoice.

The following provisions apply to all services:

1.1.1. Descriptions of the features, characteristics and limitations of the products and services we offer are set out on our website. We agree to provide the Services to you, as they are described on our website, as of the Effective Date, during the Term. Should these characteristics change after the Effective Date, we are not obligated to modify your Services to reflect these changes. If we do so, and you agree to purchase them, the Fee may change. We may make changes to these Services if a supplier makes components unavailable, cost prohibitive, if a beta period ends, or at any time effective on the end of the term of a particular Service.

1.1.2. We provide two ways for you to purchase our Services: (i) through our website; or (ii) by opening a ticket to purchase additional Services (Ordering Process). When you place an order for the Services using either of these methods, you agree to purchase the Services selected by you during the Term.

1.1.3. Unless expressly set out during the Ordering Process, the Services may be provided from any of our facilities. You will have no ownership right in the facilities, or in components of the Services. You will only have the right to use the Services.

1.1.4. The individual or entity set out in our records is the only entity authorized to access the Services. It is your responsibility to secure passwords and other access methods used to access the Services. If you administer an account on behalf of another party, you warrant that you will administer that account in good faith, and indemnify us against all losses and liabilities incurred by us should you administer the account in ways that are adverse to your customer and which result in a claim against us.

1.1.5. It is your obligation to back up your data. If the Services include backup services, these are provided as a supplement to your own backup efforts. Because no backup method is failsafe, we make no warranties regarding the thoroughness of our backup solution. If your data is restored from backup, it will be restored in the manner it is stored by us. This may not include formatting and other elements necessary to make the restored data available on the internet, or in the form originally transmitted to us. We are not obligated to restore the data in that format.

1.1.6. The Services covered by this paragraph 1.2 are provided to you on a standard basis. They are not customized for your use. In some cases, they may have the manufacturer’s default settings. This means that aspects of your website, or use of them, may not function without additional configuration by you. You bear ultimate responsibility to ensure that the Services are configured to meet your operational, privacy and security needs. Your site, and any other items you deem necessary to use the Services, must be compatible with them. Unless set out during the Ordering Process, we are not obligated to modify the Services to accommodate your use.

1.1.9. We provide certain services designed to filter unwanted email. You acknowledge that use of the Services will likely result in the capture of some legitimate email and the failure to capture some unwanted email that may contain spam, phishing scams and email infected with viruses. We recommend that you implement additional levels of protection. Email that is captured by our filtering system is not subject to our SLA.

You will ensure that neither you nor any of your End Users make excessive or wasteful use of our network by agreeing to the following:

1.1.7. A “Reasonable Use” policy will apply to maintain stable data traffic on shared hosting Services. For the shared hosting Services, this means that if your use of the shared hosting Services regularly generates more traffic than is customary for similarly situated customers, we may require you to modify your use of the shared hosting Services so that they no longer exceed this standard. If you do not modify your use, we reserve the right to terminate this TOS and assess an Early Termination Fee. Shared hosting Services may not be used for instant messaging, chat rooms, or similar activities, nor may they be used for software distribution.

1.1.8. Unused bandwidth may not be carried over from month-to-month.

1.1.9. On termination or expiration of the Services, we shall be entitled immediately to block your access to the Services and to remove all data located on our equipment. It is your responsibility to download, or otherwise secure possession of, the data prior to the date of termination. If we terminate the Services without providing you with prior notice, we agree to preserve the data for a period of fourteen days, and allow you to download, or otherwise secure possession of, the data. If, after this period, you do not collect it, it may be deleted by us.

1.) 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 [at] the domain(s) you are signing up under. 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 Phylox Solutions, 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. Phylox Solutions 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. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

Ownership
The credit card holder or owner of the PayPal e-mail address which is utilized for payment on the account is designated as the authorized owner of the account.

Transfers
Our transfers team will make every effort to help you move your site to us. 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.

The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.

Dedicated IP Address Allocation
Any dedicated IP order in addition to ones provided with a hosting package may be subject to IP Justification. Justification practices are subject to change to remain in conformity with policies of American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.

Third Party Providers
All transactions with third party providers are solely between the visitor and the individual provider. Phylox Solutions is not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction.

All discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. All transactions with third party providers are subject to the terms and conditions under which the provider agrees with you to provide the goods or services. You should confirm the terms of any purchase and/or use of goods or services with the specific provider with whom you are dealing.

We do not make any representations or warranties regarding, and are not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers.

2.) Content
All services provided by Phylox Solutions may only be used for lawful purposes. The laws of the State of Florida, and the United States of America apply.

The customer agrees to indemnify and hold harmless Phylox Solutions 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 expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse[at]phyloxsolutions.com with the information required. A list of required information may be found [Coming Soon]. If the request is of a licensing issue, we may require further documentation.

Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.

Examples of unacceptable material on all Shared and Reseller servers include:

• Topsites
• IRC Scripts/Bots
• Proxy Scripts/Anonymizers
• Pirated Software/Warez
• Image Hosting Scripts (similar to Photobucket or Tinypic)
• AutoSurf/PTC/PTS/PPC sites
• IP Scanners
• Bruteforce Programs/Scripts/Applications
• Mail Bombers/Spam Scripts
• Banner-Ad services (commercial banner ad rotation)
• File Dump/Mirror Scripts (similar to rapidshare)
• Commercial Audio Streaming (more than one or two streams)
• Escrow/Bank Debentures
• High-Yield Interest Programs (HYIP) or Related Sites
• Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
• Sale of any controlled substance without prior proof of appropriate permit(s)
• Prime Banks Programs
• Lottery/Gambling Sites
• MUDs/RPGs/PBBGs
• Hacker focused sites/archives/programs
• Sites promoting illegal activities
• Forums and/or websites that distribute or link to warez/pirated/illegal content
• Bank Debentures/Bank Debenture Trading Programs
• Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
• Push button mail scripts
• Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
• Tell A Friend Scripts

Examples of unacceptable material on all Dedicated servers include:

• IRCD (irc servers)
• IRC Scripts/Bots
• Pirated Software/Warez
• IP Scanners
• Bruteforce Programs/Scripts/Applications
• Mail Bombers/spam Scripts
• Escrow
• High-Yield Interest Programs (HYIP) or Related Sites
• Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
• Sale of any controlled substance without prior proof of appropriate permit(s)
• Prime Banks Programs
• Lottery/Gambling Sites
• Hacker focused sites/archives/programs
• Sites promoting illegal activities
• Forums and/or websites that distribute or link to warez/pirated/illegal content
• Bank Debentures/Bank Debenture Trading Programs
• Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
• Mailer Pro
• Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

Phylox Solutions services, including all related equipment, networks and network devices are provided only for authorized customer use. Phylox Solutions systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Phylox Solutions system(s) constitutes consent to monitoring for these purposes.

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

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

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

Sites hosted on Phylox Solutions.com’s service(s) are regulated only by U.S. law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. Phylox Solutions.com is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a US Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.

The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like Phylox Solutions.com and many of phyloxsolutions.com’s other webhosting services and brands are republishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, Phylox Solutions.com should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under Phylox Solutions.com’s webhosting service(s).

If in doubt regarding the acceptability of your site or service, please contact us at abuse[at]phyloxsolutions.com and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Resellers: We will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.

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 user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more 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.

3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists”, purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

Phylox Solutions reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

Phylox Solutions reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Phylox Solutions.

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

Cancellations must be done in writing from a support ticket opened from your client login section or via email at support[at]phyloxsolutions.com. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic “Your request has been received…” email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.

As a client of Phylox Solutions, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify Phylox Solutions of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by Phylox Solutions. Phylox Solutions reserves the right to bill your credit card or billing information on file with us. Phylox Solutions provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full. The $10 late fee is applied in addition to whatever else is owed to Phylox Solutions for services rendered. Access to the account will not be restored until payment has been received.

It is the customer’s responsibility to notify our sales team via email at sales[at]phyloxsolutions.com after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and Phylox Solutions cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain’s renewal.

Subsequently, domain renewals are billed and renewed 30 days before the renew date. It is the customer’s responsibility to notify our sales team via email at sales[at]phyloxsolutions.com for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations, and renewals are final.

Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact sales[at]phyloxsolutions.com

Phylox Solutions reserves the right to change the monthly payment amount and any other charges at anytime.

5.) Backups and Data Loss
Your use of this service is at your sole risk.Phylox Solutions 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 Phylox Solutions servers.

6.) Termination and Suspension Policy
Phylox Solutions reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.

Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars, and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Phylox Solutions is not responsible for any change in exchange rates between time of payment and time of refund.

Customers may cancel at any time via a support ticket or through email at support[at]phyloxsolutions.com.

Either party may terminate a particular Service by providing the other with five days written notice prior to the expiration of a Term. **Your termination request must be received by us five days prior to your next billing cycle. If you fail to do so, you will not receive a refund of any Fees paid to renew the service.** In order for you to effectively terminate this Agreement, you must submit a ticket via your account login or email support[at]phyloxsolutions.com. Other forms of termination will not be accepted as termination of this Agreement. In addition, either party may terminate a particular Service if the other breaches a material term of the TOS and such a breach is not cured within thirty days of the non-breaching party’s presentation of written notice to the breach party, or immediately if the breach is incapable of cure. In the case of our AUP, you will be provided a time period to cure any breach. Either party may also terminate this TOS, or an individual Service, if the other party becomes the subject of any type of bankruptcy or insolvency.

6.1.1) 45 Day Refund Policy

To qualify for the 45 day refund policy, you must follow the termination process set out in this TOS. In addition, your termination request must include a detailed statement discussing the reasons for your termination. If your termination request falls within the requirements set out in this paragraph, we will refund any payments made to the payment method used to purchase them. If you do not qualify for the refund, we will reply by email. The refund only applies for Business, Reseller, and VPS services. It expressly excludes Dedicated Servers, Colocated Servers, Domain registration, and third party vendor fees.

The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:

• Bank Wire Transfers
• Western Union Payments
• Checks
• Money orders

There are no refunds on dedicated servers, administrative fees, and install fees for custom software. Refund requests for .com, .net., and .org domain names (made within the 45 day money-back guarantee period) will have the common market value subtracted for those tld’s. Any ccTLD’s domain name purchases are non-refundable. Please note that domain refunds will only be considered if they were ordered in conjunction with a hosting package. Eligibility of said refunds will be determined at the time of cancellation.

Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Violations of the Terms of Service will waive the refund policy.

7a.) Resource Usage

User 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 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 link to legal torrents off-site, but may not 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 counter-strike, half-life, battlefield1942, etc
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. To help reduce usage, do not force html to handle server-side code (like php and shtml).
12. Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

7b.) INODES
The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from any backup system to avoid over-usage, however databases will still be backed up. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here.

8.) 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.

9b.) Uptime Guarantee
We offer a 45 day guarantee (Guarantee). The Guarantee applies to new shared, reseller, and VPS services only. This means that if you have previously purchased services and add services, the Guarantee only applies to the new services for the 45 day period after their purchase. Approval of the credit is at the discretion of Phylox Solutions dependent upon justification provided. 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. To request a credit, please contact sales[at]phyloxsolutions.com with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions and are subject to our SLA policy listed in this terms of service. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

10.) Reseller: Client Responsibility
Resellers are responsible for supporting their clients. Phylox Solutions does not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. Phylox Solutions will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

11.) Shared (non-reseller accounts)
Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account.

12.) Dedicated Servers
Phylox Solutions reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. Phylox Solutions reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the simplest solution. Please contact sales[at]phyloxsolutions.com if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.

13.) Price Change
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on phyloxsolutions.com, and the right to increase the amount of resources given to plans at any time.

14.) Coupons
Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price.

15a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold Phylox Solutions harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Phylox Solutions, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Phylox Solutions against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Phylox Solutions; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Phylox Solutions’s server.

15b.) Arbitration By using any Phylox Solutions services, you agree to submit to binding arbitration. If any disputes or claims arise against Phylox Solutions or its subsidiaries, such disputes will be handled by an arbitrator of Phylox Solutions’s choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Florida. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

16.) Disclaimer
Phylox Solutions shall not be responsible for any damages your business may suffer. Phylox Solutions makes no warranties of any kind, expressed or implied for services we provide. Phylox Solutions disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Phylox Solutions and its employees.

17.) Disclosure to law enforcement
Phylox Solutions may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

18.) Changes to the TOS
Phylox Solutions reserves the right to revise its policies at any time without notice. The terms of services was last updated on 01/15/2015.