TERMS OF SERVICE

PHILIO, INC.
GENERAL TERMS OF SERVICE

Philio reserves the right to change this Policy at any time, so please, check this page at least once a month or when in doubt.

SPAM

Philio is committed to a zero-tolerance, anti-spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the Philio network, by customers or any other users of the Philio network (including customers’ customers); AND/OR over ANY network— if the message sent advertises or mentions a site hosted on the Philio server. We also prohibit the selling of products that can be used for spamming.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy.

You’ll NOT Upload, post or otherwise transmit any content any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “opt-in/opt-out,” “bulk email” or any other form of solicitation. THIS MEANS NO SPAM. WE WILL REMOVE YOUR ACCOUNT AND TERMINATE YOUR SERVICES IMMEDIATELY WITH NO REFUND IF YOU ARE FOUND TO BE IN VIOLATION OF THIS TERM OF SERVICE.

If you have any complaints or comments regarding Spam on our network, please direct them via the help desk to support.

Account Ownership

Philio is only responsible to the present owner of the Web hosting space. We verify ownership by credit card number (if paid for by credit card), name, address, email address, username, & password. If you give this information to any other party or give access to your email address on your account to another party, you risk having your Web site and any other information on your account changed and/or deleted. We are not responsible for any information on your account should you reveal this information to another party who causes damage to your account and/or Web site.

If you are a Web designer and you are not the person paying for the hosting account we advise you to receive payment for your work before you publish it to our servers. Once the Web site is published to our servers the account owner has retained ownership of that content.

Content Policy

All services provided by Philio may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States Federal, State, or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statutes without proper authorization. The subscriber agrees to indemnify and hold harmless Philio from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography and sex-related links or merchandising are prohibited on all Philio servers. This includes sites that may infer sexual content or links to adult content elsewhere. Philio will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to Philio servers or any other server on the internet. Links to such materials are also prohibited. Examples of unacceptable content or links:

Pirated software Hacker programs or archives Warez sites Pornography or Adult Material

Philio will be the sole arbiter as to what constitutes a violation of this provision. Philio does not host competitor sites or web pages promoting sites of its competitors.

Any deliberate attempt to cause damage to Philio or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.

Promotion and Coupons

All promotions are on signup only. Only one promotion is applicable at a time. So, if we offer a free domain, it cannot be mixed with another promotion or discount coupon.

Email Policy

Philio may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. We consider unsolicited mass email as any unsolicited email messages sent to more than 25 email addresses or more than 10 newsgroups.

All email boxes on your account should be kept below 10 MB each. This is normal for most accounts since email is typically accessed on a regular basis using an email client such as Outlook, Outlook Express, or Eudora.

Philio does not backup your e-mails. You are not supposed to store your e-mail on the server permanently. You are recommended to download e-mail through email clients such as Outlook, Outlook Express, or Eudora.

Sub Hosting Policy

Sub hosting (hosting more than one website with a single Philio user account) is generally not allowed on Philio servers unless you sign up for the sub-domain account for each domain name that you want to point to a sub-directory under your main account. You must have one main account to have any sub-domain accounts.

Backups

Full backups are made depending on your plan. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients’ responsibility to maintain local copies of their web content and any information on their account including but not limited to clients’ websites, email, databases, mailing lists, and archives. If loss of data occurs due to an error of Philio, we will attempt to recover the data at no charge to the client. If data loss occurs due to negligence of the client in securing their account or by an action of the client, Philio will not be responsible.

Indemnification Policy

We reserve the right to refuse service to anyone for any reason not prohibited by law. Also, we reserve the right to terminate service to any customer for any reason not prohibited by law. You agree to use all Philio services and facilities at your own risk. Philio specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Philio be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential, or other damages. Customer agrees that it shall defend, indemnify, save and hold Philio harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorney’s fees, asserted against Philio, 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, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Philio against liabilities arising out of; any injury to person or property caused by any products sold or otherwise distributed in connection with Philio’s server; any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement and any defective products sold to customer from Philio’s server.

Philio shall be the sole judge of what violates this Policy

Philio is only responsible to the present owner of the Web hosting space. We verify ownership by credit card number (if paid for by credit card), name, address, username, & password. If you give this information to any other party you risk having your Web site and any other information on your account changed and/or deleted. We are not responsible for any information on your account should you reveal this information.

Payment Policies And Fees

Full payment is required before any hosting service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. Prepayment is due each anniversary (one month, three months, six months, one year, two years) following the date the account was established. Additional features can be added at any time. Monthly feature prices are not prorated. Philio reserves the right to change prices or plans at any time. NOTE: Philio charges a $25.00 fee for returned checks as well as chargebacks. For international customers: check or money order funds must be drawn in US dollars.

Cancellation Policy

You may cancel at any time within 30 days moneyback guarantee period. To cancel your account, open a support ticket through the client area. The following policy guidelines are applicable on refunds:

  • We can not refund the domain registration charges because once the domain is registered, it can not be reversed. All monetary transactions are in $US dollars.
  • We cannot issue a refund if you have availed the FREE domain name offer.
  • We will refund 50% of the amount if you have availed a discount through a running promotion/coupon code.
  • We cannot refund the hosting addons (Search Engine submission, etc).
  • Setup fee of Rs. 1000/– is charged on cancelation within 30-days of signup.

Dedicated/VPS Servers: No refund is issued for these services. A 30-day notice period is required for the cancelation of these services.

Resellers: If you cancel your reseller account within the first 30 days we will refund half (50%) of the reseller fee. If you cancel after the first 30 days, no refund on the current charge will be given.

Resellers: You provide billing to your customers. We do not bill your customers. We bill you for the domain name and space, then you turn around and bill them for your cost from us and your services in addition to that. You can easily bill with the provided reseller control panel.

Actual or attempted violations of policy by a customer’s end-user shall be considered violations of the policy by the customer regardless of intention and will be acted upon accordingly.

Your customers are given a limited amount of transfer and if we feel that one of your customers are using up more transfer than allocated or are taking up too much of the CPU usage then we will need to pass some of the extra cost on to you and you will need to pass it on to your customer. You will need to put that in your terms and conditions for the hosting. You can monitor your customer’s bandwidth in their control panel.

You agree that neither you nor your customers can hold us responsible for the services that you offer.

Your customers have to abide by the same terms and conditions as you do, or we have the right to cancel any of your reseller accounts.

If you abuse our services, we reserve the right to cancel your account, which will also cancel your customer’s accounts.

We reserve the right to remove the link to a reseller’s Web site on our Web Design page if it has been determined that the reseller is affiliated in any way with a competitor of Philio, if it has been determined that the reseller is not representing Philio professionally or appropriately, or if it has been determined that the reseller has violated our Acceptable Use Policy.

Package Upgrade

Upgrade to any higher plan is FREE. We transfer the current amount on a pro-rata basis. If you upgrade within one month then there is no deduction. After that, we deduct the monthly charges from your balance. After 6 months there is no transfer of the current amount.

Package Downgrade

Please note that there is a $15 Downgrade fee for all shared hosting and reseller hosting plans.

Domain Name Expiration

A domain name will expire exactly after 1 year of registration. You can add multiple years to a domain registration at any time. Domain goes to Grace Period after it expires and remains in a grace period for 30-days. During this time, and we charge normally to renew the domain for one year. You are advised to renew domains before they expire as the expired domain can go into the Redemption Period any time without any notice. Once the domain is in the Redemption Period, the renewal fee is in excess of $250.

Domain Name Transfer Out

Outward (Transfer Out) domains will be charged an amount equal to the domain renewal fee if the domain was transferred at a discount price or free of cost in a promotion. To transfer out you should open a support ticket saying “I need EPP code” and we will send the code after you’ve paid your due fee.

Domain Name Renewal

Free domain offer is on 1st term only. On the renewal, the domain renewal price is charged.

Uptime Guarantee

If our servers are not up 99.9% of the time during your first 30 days of hosting we will gladly give you a full refund on your hosting services (excluding setup fees) and cancel your account. Just open a sales ticket and send us your account login and website name. Be sure and mention that you would like a refund based on our 99.9% Uptime Guarantee.

Availability of the Shared Web hosting services is defined as the percentage of the time, within the agreed available hours of the service, in which this service, as defined in this contract, is available. There are however a number of factors that may cause the service to be unavailable to the customer that is either outside the control of Philio or allowed within the service definition. The service provided by Philio is therefore measured as an “adjusted availability” using values referred to as “adjusted service hours” (ASH) and “adjusted downtime” (AD).

Adjusted availability (percentage) = ((ASH-AD)/ASH)x100

Where, the adjusted service hours (ASH) and adjusted downtime (AD) are calculated as follows:

ASH = TM – SMM – UMM AD = MD – SMM – UMM

Where: TM = total number of minutes that the service should be available. SMM = the number of minutes that the system was not available due to scheduled maintenance UMM = the number of minutes that the system was not available but could not be repaired because the system was unreachable to Philio staff.

The Philio Terms of Service was last updated on October 05, 2018. 800-817-7445 – 1661 International Drive, Ste 400, Memphis, TN 38120