Terms Of Service

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
Pirated software
Hacker’s programs or archives
Ware Sites
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.

Dedicated Server

If you order a dedicated sever from us, you will be given a document explaining the allocated bandwidth and server specifications for that sever.

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 Hosting Only)

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 needed.

IRC:
We currently do not allow IRC or IRC bots to be operated on our servers.

SPAM, Commercial Advertising – E-mail: (All Servers)

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 us

Server abuse:
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.

Payment:
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 of service.
Billing history longer than 12 months requires a statement fee of $3.00 per statement term per year.
Philex does not guarantee to have a billing history available past 16 months.

Cancellation:
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.

Server Uptime:
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.

Misc:
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.

Money back Guarantee
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 Unsolicited email the refund policy does not apply.

Limitation of Liabilities -Philex Enterprises, Inc.

Philex Enterprises, 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.

Data Loss, Backup

Philex 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.

As 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.

We want your stay to be as enjoyable as possible.
Please contact us for any questions you might have.