Spam

Sending or aiding in the sending of unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of usenet groups, posting obscene or threatening messages while using or referring to an Phantom Hosting email address or website URL is prohibited. The use of Phantom Hosting servers as a mail drop for responses to activities described above is also prohibited and will result in instant account termination. . Accounts canceled due to spam will be billed a clean-up fee of $800.

Renewal

Phantom Hosting's renewal charges are billed automatically. Clients who prepay by credit card must keep their billing information current. At the beginning of your next payment cycle, Phantom Hosting will begin applying hosting charges against the credit card on file. In the event of processing failure, a notice will be sent to the billing contact by email. An attempt will be made to process the charges everyday until 10 days after of the beginning of the billing cycle. If the process continues to fail, the account will be canceled.

Refunds

Hosting prepayments are nonrefundable. You must request cancellation prior to your next billing cycle beginning to prevent charges from being assessed.

30 Money Back Guarantee

30 Day Money Back Guarantee applies to any fees paid within the first 30 days on shared and reseller accounts. Refund must be requested and the account must be cancelled within the first 30 days of service.

30 day money back guarnatees do not apply to colocation services or rent to own services. For rent to own services, the entire length of the agreement must be paid in full before the transfer of ownership of the rent to own server to the buyer. If the buyer should cancel or the buyer's rent to own server is shut down due to non-payment before the end of the length of the agreement, the buyer has no legal rights to the server or any equipment and is required to pay the remainder of the entire balance including possible late fees, court fees, attorney fees and a simple fixed interest rate of 1.5% per month.

Cancellation

Phantom Hosting reserves the right to cancel service of an account at anytime without notice and without a refund, in the event that:

1) The account or account holder violates this our posted policy.
2) Payment for hosting fees is not received.

An account can be canceled voluntarily at anytime by logging into your billing manager at http://www.phantomhosting.com/clogin.php . The contents of a canceled website may be deleted at anytime subsequent to account termination. It is the clients responsibilty to retrieve any and all files from the Phantom Hositng servers before cancelling their account. Website files for canceled accounts are removed from the server within 24 hours after the cancellation date and are NOT retrievable unless you elected to back up your data before cancelation (See Website Content Management below).

Security

Attempts to manipulate Phantom Hosting servers or client websites are prohibited. This includes, but is not limited to, attempting to gain unauthorized access to Phantom Hosting servers, mail bombing, or other means of deliberately overloading systems.

System Abuse

This includes, but is not limited to, excessive use of CPU resources or disk space, installing IRC bots, CGI scripts sharing with domains outside of Phantom Hosting network, mass emails (i.e. 300 or more email messages per day), or using disproportionate amount of system resources for CGI Scripts. Using PhantomHosting.com servers for beta testing server scripts is forbidden. Unstable scripts can quickly crash a server. All scripts must be stable versions. Phantom Hosting will determine what constitutes system abuse. Violations of system or network security are prohibited, and may result in criminal and civil liability.

Software/Multimedia Distribution

Accounts cannot to be used to distribute "cracked" versions of copyrighted software (a.k.a. warez), serial numbers for copyrighted software or copyrighted multimedia files (i.e. music files or MP3s). Sites that contain links to pirated software or illegal contraband are also prohibited. Phantom Hosting may involve and will cooperate with law enforcement if a criminal violation is suspected. If caught with pirated software, you or your company may be liable under both civil and criminal law, and you may be fined up to $250,000 and/or receive up to 5 years in jail. Phantom Hosting will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

Policy Violation

If an account is used unlawfully or is in violation of the user policy, Phantom Hosting reserves the right to terminate the account without notice and without refunds. Files that violate the user policy are subject to deletion without notice. Clients violating the User Policy will be held responsible for damages to Phantom Hosting, including but not limited to, Phantom Hosting systems, servers, connectivity, reputation, business, service, network, operations or equipment and may be assessed a $800 clean-up fee. Determining what constitutes a policy violation is the sole discretion of Phantom Hosting.

Website Content Management

Phantom Hosting is not responsible for website management or files lost or damaged by users. Website construction and management is the responsibility of the client. Client-maintained backup of all site files is recommended and should be maintained outside of Phantom Hosting's facilities. Backups are made in realtime when the user requests a backup in their control panel. The user can download a backup at any time and it is recommended that the user downloads his/her backup at least once a month. It is also recommended that the user keep a duplicate of their website on their local computer. This is common practice. PhantomHosting.com is not responsible for lost data under any circumstances. Data backups are the sole responsibility of the client.

Adult Content & Child Pornography on the Internet

Sites containing adult material, links to adult material or adult-oriented merchandise are allowed as long as it is LEGAL. The final determination of what constitutes "Legal Adult Conetnt" is made by Phantom Hosting..

Phantom Hosting will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the Phantom Hositng network, and will be liable for illegal material posted by their clients. According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years. Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT

System Updates

Phantom Hosting updates systems in real time as queued batch processes. Therefore, any updates made to the system may not be immediate. These processing times may be changed at anytime without notice. If a client or Phantom Hosting support personnel (authorized by a client) makes any modifications to a hosting account, the client is responsible to ensure that these updates occurred.

Log Files

Log files will be deleted on a periodic basis. Users are responsible for downloading their log files. It is recommended that clients who wish to maintain a history of their log files download them monthly.

Design Services

Phantom Enterprises inc offers design services through this website as well as other websites. Phantom Enterprises inc, its owners and employees are not responsible for and make no guarantees of the success in any way shape or form of any websites or design services purchased through any of our sites. The final payment made to Phantom Enterprises inc for design services or websites is confirmation from the client that the client is satisfied with the services provided. There are no refunds for design services. All sales are final.

Indemnification/Disclaimer

Phantom Hosting does not guarantee that our services will be uninterrupted and will not be held liable for any claims resulting from the use or the inability to use Phantom Hosting services including, but not limited to, service interruptions, Internet connectivity problems, unauthorized access to Phantom Hosting servers, domain name registrar problems, DNS caching, Internet bandwidth congestion, power failures and natural disasters. By using Phantom Hosting services, the client agrees to indemnify and hold Phantom Hosting harmless against any liabilities arising out of defective products sold to customers from Phantom Hosting servers, personal injury or property damage caused by products or services sold or distributed from Phantom Hosting servers, any material that infringes or allegedly infringes on the rights of a third party available from Phantom Hosting servers, and any material that libels or allegedly libels a third party available fromPhantom Hosting servers.

Verbal abuse or rude comments will not be tolerated. One instance will result in the termination of your account.

We offer a 30 day money back guarantee on shared and reseller hosting services. If you are unhappy with this service, please request a refund. If we receive a chargeback and you do not request a refund first. We will prosecute you or your company to the fullest extent of the law and without mercy.

We do not accept orders from PO Boxes and the following countries: China, Japan, Iraq, Iran, Saudi Arabia and Sudan. Note: The client understands and agrees to the fact that Phantom Hosting reserves the right to revise these terms of service at anytime.