Phi Network Systems
55 Ballymartin Road
Ballyclare
Phone : +44 (0) 28 9334 4868
Support : +44 (0) 289343 8236
Fax : +44 (0) 289343 8235
Email : Info@PhiNetworkSystems.co.uk









General Terms and Conditions

(Webhosting and communications services)


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) incase of fraud. It is your responsibility to provide us with an email address which is not @ 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. This email address will also be used, but not limited to, the method of delivery for your order product or service ; whether in it's entirety or by means of providing a source of reference for where your ordered product or service can be collected or retrieved. Providing false contact information of any kind may result in the termination of your account. In certain 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.

2.) Transfers
Our transfers team will make every possible effort to help you move your site to us, however, we can not make guarantees of the transfer process. We provide this as a courtesy service and can not make guarantees regarding its availability or the amount of time it may take as each host is configured a little differently. We will try our best, however, in some cases we may be unable to assist you in a transfer of data from an old host.

3.) Content
All services provided by Phi Network Systems may only be used for lawful purposes. The laws of England, Wales and Northern Ireland apply and all claims concerning this agreement shall be brought exclusively in courts located in United Kingdom The customer agrees to indemnify and hold harmless Phi Network Systems 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. If you believe that your copyright or trademark is being infringed upon, please email trouble@PhiNetworkSystems.co.uk with the information required. If the request is of a licensing issue, we may require further documentation. Examples of unacceptable material on all servers include: IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.

Phi Network Systems services, including all related equipment, networks and network devices are provided only for authorized customer use. Phi Network Systems 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 Phi Network Systems system(s) constitutes consent to monitoring for these purposes. 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 trouble ticket/email and will have a response within 48 hours.

If in doubt regarding the acceptability of your site or service, please contact us at Domains@PhinetworkSystems.co.uk 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.

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 username 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.


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

Sites advertised via SPAM may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, 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.
Phi Network Systems 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.
Phi Network Systems reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of Phi Network Systems.

5.) Payment Information
You agree to supply appropriate payment for the services received from Phi Network Systems, in advance of the time period during which such services are provided. You agree that until and unless you notify Phi Network Systems 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 by submitting a ticket from your client portal access at https://secure.PhiNetworkSystems.co.uk/support . Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account has been canceled. At this time, your account with us has been canceled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately.

As a client of Phi Network Systems, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Phi Network Systems provides a 23 day grace period from the time the invoice is due (unless otherwise stated on your invoice) and when it must be paid. Any invoice that is overdue for 10 days and not paid will result in a 10GBP late fee (unless otherwise stated on your invoice) and/or an account suspension until account balance has been paid in full.

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 accounts@PhiNetworkSystems.co.uk . Phi Network Systems reserves the right to change the monthly payment amount and any other charges at anytime.

6.) Backups and Data Loss
Your use of the service is at your sole risk. Phi Network Systems 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 Phi Network Systems servers.

7.) Cancellations and Refunds
Phi Network Systems reserves the right to cancel the account at any time with or without notice. No refund of any kind will be made when there is a suspension or termination of Services for cause. If an account or service is suspended or cancelled without cause Phi Network Systems may provide a refund, the terms and value of which is solely at it's discretion. Said value will reflect both pro-rata service evaluation and administration costs.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

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

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 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.

9.) 3rd Party responsibilities
In providing your products and services Phi Network Systems may be responsible to a 3rd party for purposes of informing Phi Network Systems clients and customers of rights and responsibilities both parties may have towards the 3rd party. In particular the following apply :- (1) obligations under the 2009 Registrar Accreditation Agreement (RAA) between ICANN and its accredited registrars requires that Phi Network Systems provide a link to an ICANN ( The Internet Corporation for Assigned Names and Numbers ) document titled “ Registrants Rights and Responsibilities ” , the document can be found Here. Phi Network Systems requires you to visit this link to ensure that you are both educated and protected as a domain registrant ; by ensuring you understand your rights and responsibilities when it comes to any domain names that are registered though Phi Network Systems. ; (2) for Nominet domain names there are three important documents that a registrant/customer must read, understand and agree to:- Nominet's legal information, Nominet's terms and Conditions of Domain Name Registration ( a 3 way legal contract ) that you the domain registrant are entering into and finally : Nominet's Rules of Registration and Use of Domain Names to which you must adhere to.

10.) Expired Registration Recovery Policy
Domain expiration notices for gTLDs will be sent via email 30 days and 5 days prior to your domain expiration date and 3 days after your domain expires. Furthermore, a fee of GBP200 will apply for renewal, post-expiration renewal and redemption of a domain.

11.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold Phi Network Systems harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Phi Network Systems, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or delayed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Phi Network Systems against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Phi Network Systems; (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 Phi Network Systems's server.

12.) Arbitration
By using any Phi Network Systems services, you agree to submit to binding arbitration. If any disputes or claims arise against Phi Network Systems or its subsidiaries, such disputes will be handled by an arbitrator of Phi Network Systems's choice. An arbitrator from the National Arbitration Forum will be selected in the United Kingdom. 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. You are also responsible for any and all costs related to such arbitration.

13.) Disclaimer
Phi Network Systems shall not be responsible for any damages your business may suffer. Phi Network Systems makes no warranties of any kind, expressed or implied for services we provide. Phi Network Systems 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 Phi Network Systems and its employees

14.) Disclosure to law enforcement
Phi Network Systems 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.

15.) Service delivery agreement
Phi Network Systems will endeavour to provide and/or activate your service within a reasonable time period. In any instance where delivery of a product or service is delayed ; you hereby accept that said delay is not a cause for grievance. If you feel that a delay is excessive you are free to contact Phi Network Systems and request an explanation for the delay, where-upon you will receive a explanation within 48 hours.

16.) Changes to the TAC
Phi Network Systems reserves the right to revise its policies at any time without notice.

17.) Agreement
Where these terms and conditions have been supplied either in hard form or as soft link (URL etc) and an acceptance by the customer has not been specifically provided to Phi Network Systems ; payment by the customer of any invoice which accompanied said reference to these terms is considered an acceptance of them by the customer.

Current as of 30th August 2013

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