All services provided by Philex Enterprises, Inc.
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,
material we judge to be threatening or obscene,
or material protected by trade secret and other
statue. The subscriber agrees to indemnify and
hold harmless Philex Enterprises, Inc. from any
claims resulting from the use of the service which
damages the subscriber or any other party. Note:
Pornography and sex-related merchandising is prohibited
on all our servers. This includes sites that may
infer sexual content, or link to adult content
elsewhere. This is also true for sites that promote
any illegal activity or content that may be damaging
to our servers or any other server on the Internet.
Links to such materials are also prohibited.
Examples: of unacceptable content or links
Hacker's programs or archives
Philex Enterprises, Inc. will be the sole arbiter
as to what constitutes a violation of this provision.
Shared Hosting Traffic :-
We are pleased to offer our clients high amounts
of web page traffic, with the following terms.
We allow each account to receive a certain amount
of traffic per month of site traffic. Currently
our two accounts offer either 15GB or 30 GB
(the average user only requires 500 megs per
month). We offer more traffic than any ISP we
have seen that is giving for the same price
and quality of service. Even our extremely high
traffic customers have not used this amount.
For those that do go over this amount normal
data transfer cost of $3.00/1000megs (three
dollars per each 1-Gigabyte of transfer) will
apply and you will be emailed for acceptance
before such costs are billed to you.
If you order a dedicated sever from us, you
will be given a document explaining the allocated
bandwidth and server specifications for that
Chat Rooms: (Shared Hosting Only)
We do not allow clients to install their own
chat rooms. These tend to be large system hogs
and we cannot allow it as an account option.
However, we do provide a choice of Java chat
rooms for a small extra charge that will more
than fill your needs and run without hindering
the performance of the machine for others.
Background Running Programs: (Shared
We may allow programs to run continually in
the background . These are considered on a one-to-one
basis and an extra charge will be incurred based
on system resources used and operational maintenance
We currently do not allow IRC or IRC bots
to be operated on our servers.
SPAM,Commercial Advertising - E-mail: (All
Spamming, or the sending of unsolicited e-mail,
from our server or using an e-mail address or
domain that is maintained on an our machine
as reference is STRICTLY prohibited. Philex
Enterprises, Inc. will be the sole arbiter as
to what constitutes a violation of this provision.
In general sending mass emails to users who
did not ask to receive the email is consider
spam. We have no toleration for SPAM whatsoever
and we will cancel your account if you are spamming.
You may also be held responsible for technical
fees to clean up the problems caused from the
spam. To report spam please contact
Any attempt to undermine or cause harm to
a server, or customer, of Philex Enterprises,
Inc. is strictly prohibited and will be prosecuted
to the maximum extent of the law.
Renewal payment is due 1 week before existing
contract expires. All payments will automatically
re occur from ones credit card account when
renewal is next due. If you paid by check, you
simply call us and we can accept your check
by phone, or if you like you can send us your
payment amount by mail. Please send payments
on time to avoid a late fee.
All payments recurring to Philex Enterprises,
Inc. are nonrefundable. This includes the one
time setup fee and subsequent charges regardless
of usage. Any billing disputes must be reported
within 60 days of the time the dispute occurred.
If you dispute a charge to your credit card
issuer that, in Philex Enterprise's sole discretion
is a valid charge under the provisions of the
TOS and /or AUP, you agree to pay Philex Enterprises,
Inc. an "Administrative Fee" of not
less than $50
Billing history will be supplied within ten
business days and will cover the last 12 months
Billing history longer than 12 months requires
a statement fee of $3.00 per statement term
Philex does not guarantee to have a billing
history available past 16 months.
Should you ever want to cancel your account,
simply call us or email us two weeks prior to
the expiration date of your account. A onetime
$12.95 cancelation fee will apply for all canceled
accounts. (Philex may at its sole discretion
waive this fee.) You must then fax or mail a
document to us to complete cancellation and
you must retain a copy from us indicating your
account was canceled. Otherwise re occurring
billing will occur for the next contract term
and you will be obligated to pay the next term.
Our calculation process is quick and easy and
is done in a few minutes.
Lack of payment does not constitute cancellation.
All past due accounts will be sent to collections
which may include filing in Superior Court In
Los Angeles, CA.
Lack of Payment for Domain Names
Our goal is to provide you quality, and service
with the highest ethics. There are many instances
that our company prepays for services we are
selling such as domain name reservations. When
these are not paid by the end client our company
is left to cover the debt. Therefore, If payment
is not received for your domain hosting, domain
reservation or other service Philex Enterprises,
Inc. reserves the right to delete, confiscate
or resell the domain to make up for this loss.
Our servers our one of the fastest in existent.
We have an uptime of 99% of the time. We are
very reliable, however at times usually in the
night we must do maintenance, and thus the severs
may sometimes be temporally unavailable. We
usually e-mail you to let you when this will
happen. Most of the time, we reroute traffic
to alternate connections, until maintenance
is complete, thus you notice no change.
Internet hosting requires knowledge of the
Internet, and a connection to the Internet.
User is assumed to have knowledge and experience
in how to use the Internet and how to set up
an Internet page.
Domain Name registrations
Philex Enterprises, Inc. provides .com,
.net. ,org domains names for a discounted price
via A+ net. If you are registering a domain
name through us your name will be registered
via A+ net. By registering any domains from
us you also agree and accept our domain name
policies shown at the domain
name service agreement page.
Within 30 days from your account order,
you may request a money back guarantee.If your account was transferred
and you were not charged a setup fee you will
be required to pay a deactivation fee of $15.00.
Also please note domain names registration fees
are non-refundable and neither are any setup
fees. If your account has been deactivated for
Spamming, or Unsolicted email the refund policy
does not apply.
Limitation of Liabilities -Philex Enterprises, Inc.
Inc. (PE) sells web hosting, Internet access,
design, programming and other Internet Services
on an as-is basis and WITHOUT WARRANTY OF ANY
KIND TO CLIENT OR ANY THIRD PARTY, INCLUDING,
BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES
OF: 1) MERCHANTABILITY; 2) FITNESS FOR A PARTICULAR
PURPOSE; 3) EFFORT TO ACHIEVE PURPOSE; 4) QUALITY;
5) ACCURACY; 6) NON-INFRINGEMENT; 7) QUIET ENJOYMENT;
AND 8) TITLE.CLIENT AGREES THAT ANY EFFORTS
BY PE TO MODIFY ITS GOODS OR SERVICES SHALL
NOT BE DEEMED A WAIVER OF THESE LIMITATIONS,
AND THAT ANY PE WARRANTIES SHALL NOT BE DEEMED
TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. CLIENT
FURTHER AGREES THAT PE SHALL NOT BE LIABLE TO
CLIENT OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS,
LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY
DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT
OR OTHERWISE, EVEN IF PE WAS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT.
Some jurisdictions do not permit the exclusion
or limitation of liability for consequential
or incidental damages, and, as such, some portion
of the above limitation may not apply to Client.
In such jurisdictions, PE's liability shall
be limited under this Agreement, regardless
of cause, and shall not exceed the total amount
of fees paid to PE by Client under this Agreement.
PE makes no representation or guarantees as
to the number of hits or market potential of
the Web Site, is not liable for the content
provided or used by the Client.
backups all data on normal rotation schedules
using the proprietary backup procedural systems
developed over years. Given the nature of harddisks,
and equipment failure backups are not guaranteed.
Customers are required to backup all data on
their own. Philex makes no guarantee, and assumes
no liability for lost data.
a courtesy Philex on request will make a free
backup of client's site for local use.
Governing Law, Jurisdiction.
The construction, validity and performance of
this Agreement shall be governed by, and construed
in accordance with, the laws of the State of
California, and the parties expressly waive
its choice of law rules. The parties agree that
venue and jurisdiction for any litigation or
arbitration arising out of, relating to, or
regarding the validity of, this Agreement shall
lie in the County of Los Angeles, State of California.
Notices. All notices must be in writing,
and must be via either confirmed facsimile or
mailed by registered or certified mail, postage
prepaid and return receipt requested. All Notices
to PE shall be addressed and delivered to: 9045
Corbin Avenue, Second Floor Suite 250, Northridge,
California 91324 Attention legal dept. Notices
transmitted orally or by electronic means shall
be deemed insufficient notice.
Agency The parties are separate
and independent legal entities. PE is
performing services for Client as an independent
contractor. Nothing contained in this Agreement
shall be deemed to constitute either PE or Client
an agent, representative, partner, joint venturer
or employee of the other party for any purpose.
Neither party has the authority to bind the
other or to incur any liability on behalf of
the other, nor to direct the employees of the
other. PE is an independent contractor,
not an employee of Client. No employment relationship
is created by this Agreement. PE shall
retain independent professional status throughout
this Agreement and shall use his own discretion
in performing the tasks assigned.
Philex Enterprises, Inc. reserves
the right to cancel, or not renew an account
at our discretion. We rarely do this, and only
act in this manner if we feel the account content
from the account is contradictory to the family
values and beliefs we purport and represent.
Any terms or conditions that fail to be followed
will result in grounds for account deactivation.
want your stay to be as enjoyable as possible.
Please contact us for any questions you might have.