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Date of last revision: January 16, 2009.
Thank you for choosing PhanXcraft, a Web Design and Hosting Firm.
PhanXcraft Web Services and network (collectively, "PhanXcraft" or "the
Service") is operated by Henry Price and several managed design
associates (collectively, "us", "we", or " the Company"). By
accessing, using or subscribing to any of our services at
www.phanxcraft.com (the "Site"), you (the "User" or
"Client") signify that you have
read, understand and agree to be bound by these Terms of Service ("Terms
of Service", "Terms of Use", or "Agreement"), whether or not you are a
registered customer of PhanXcraft. We reserve the right, at our
sole discretion, to change, modify, add or delete portions of these
Terms of Use at any time without further notice. If we do this, we
will post the changes to these Terms of Use on this page and will
indicate at the top of this page that date these terms were last
revised. Your continued use of the Service or the Site after any
such changes constitutes your acceptance of the new Terms of Use.
If you do not agree to abide by these or any future Terms of Use, do not
use or access (or continue to use or access) the Service or the Site.
It is your responsibility to regularly check the Site to determine if
there have been changes to these Terms of Use and to review such
changes.
If any provision of this Agreement shall be unlawful, void, or for any
reason, unenforceable, it shall be deemed severable from, and shall in no
way affect the validity or enforceability of, the remaining provisions of
this Agreement, which shall remain valid and enforceable according to its terms.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN
IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND
OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND
A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
This Terms of Service is divided into three sections outlined by the
type of service. Please use the following links to jump to the
service in which you are using.
The following outlines the Agreement for the services we provide
including: formatting HTML, CSS, JavaScript, and text; ASP, PHP, Cold
Fusion, and JavaScript coding, debugging, customization, and
programming; Flash animation, interactivity, Action Script development,
debugging, and programming; and Image, Graphic, and Logo editing,
design, and creations. (collectively, "Web Design")
1. Authorization. The client is engaging the freelance web
development services of the Company, as an independent contractor for
the specific project of Web Design and/or improving a world wide website
to be installed on the client's web space on a web hosting service's
computer. The client hereby authorizes the the Company to access this
account, and authorizes the web hosting service to provide the
Company with "write permission" for the client's webpage directory, cgi-bin
directory, and any other directories or programs which need to be
accessed for this project. The client also authorizes the Company to
publicize their completed website to Web search engines, as well as
other Web directories and indexes.
2. Legal Stuff. We do not warrant that the functions contained
in these webpages or the Internet website will meet the client's
requirements or that the operation of the webpages will be uninterrupted
or error-free. The entire risk as to the quality and performance of the
webpages and website is with client. In no event will the Company be
liable to the client or any third party for any damages, including any
lost profits, lost savings or other incidental, consequential or special
damages arising out of the operation of or inability to operate these
webpages or website, even if the Company has been advised of the
possibility of such damages.
3. Copyrights and Trademarks. The client represents to the
Company and unconditionally guarantees that any elements of text,
graphics, photos, designs, trademarks, or other artwork furnished to the
Company for inclusion in webpages are owned by the client, or that the
client has permission from the rightful owner to use each of these
elements, and will hold harmless, protect, and defend the Company and
its subcontractors from any claim or suit arising from the use of such
elements furnished by the client.
4. Copyright to Webpages. Copyright to the finished assembled
work of webpages produced by the Company is owned by the Company. Upon
final payment of this contract, the client is assigned rights to use as
a website the design, graphics, and text contained in the finished
assembled website. Rights to photos, graphics, source code, work-up
files, and computer programs are specifically not transferred to the
client, and remain the property of their respective owners. The Company
and its subcontractors retain the right to display graphics and other
Web design elements as examples of their work in their respective
portfolios.
5. Credit. The Company shall have the right to include a credit
line, or "powered by logo", with a live link to PhanXcraft's website on
any website developed by the Company at the very bottom of each page.
The Client shall not, without written approval, remove this credit line
after work has finished.
6. Payment of Fees. Fees are due and payable to PhanXcraft on the
following schedule: 50% deposit, 50% upon completion. Payment in
full is due before final website is transferred to the client's
permanent host.
7. Search Engines. If requested we will submit your completed
website to the leading search engines and provide basic consultation on
search engine promotion. We are not responsible for your search engine
rankings, or marketing of any kind.
8. Termination. Either party, both the Client or the Company, may
terminate this Agreement upon giving written notice to the other as
specified below. Upon termination the Company may retain any initial
payment and the Client shall pay the Company for all hours expended on
the Project, up to the date of termination, at the Company’s standard
service rates.
9. Refunds. Once a project has been designed in full according to
the agreed upon project and has been approved by the Client the first time, no refunds will be given.
If more than the agreed upon number of hours is provided,
along with any revisions, no deposit is refunded. Refunds are only available
for unused portions of the initial deposit in the event service has been terminated.
10. Timelines. Once sufficient amount of information has been provided to the Company
by the Client a generally outlined Timeline will be created. This Timeline will provide
an estimated time of completion. This completion time WILL NOT take effect until all content
is received required from the Client. Without content from the Client, the design
job can not be fully understood or planned out. If the Client decides to take a
break from the project without informing the Company, and then return a month later,
the Company cannot guarantee that the Client will still be first in line
for design work. The Company will do our best to work the Client back into the schedule
as time permits. Clients that disappear longer than 2 months will have their web
project cancelled without refund.
11. Late Payments. After completion of a website project,
maintenance is billed at the given rates depending on the type of
changes required. If payment is not received in a reasonable time frame,
which shall be up to two weeks from project's completion, we hold the
right to charge you an additional late fee of a total of $25, if and
when any further maintenance or services is required from us.
Termination Statement
Please send all account information, including but not limited to your username, password, website domain, email address, and any other information that may be used to verify the Account being terminated. Also include your digitial signature and termination date within the following statement: "I, __________ (digital signature), on ________ (date) wish to cancel my requested Web Design Services provided by PhanXcraft. And hereby understand the Termination and Refund policies outlined at http://www.phanxcraft.com/terms.asp"
to the following email billing@phanxcraft.com with the subject "ACCOUNT CANCELATION".
PhanXcraft (the "Company", "Provider", "We" or "Us") agrees to furnish web
hosting services (the "Service") to you (the "Subscriber", or "Client"), subject to
the following Terms of Service.
1. Acceptable Use. If an account is used to violate this
policy, we reserve the right to terminate your service without notice.
The following constitute violations of this Acceptable Use:
- Illegal Use: Our services may not be used for illegal
purposes, or in support of illegal activities. We reserve the right
to cooperate with legal authorities and/or injured third parties in
the investigation of any suspected crime or civil wrongdoing.
- Harm to Minors: Use of our service to harm, or attempt to
harm, minors in any way, including, but not limited to child
pornography.
- Threats: Use of the our service to transmit any material
(by e-mail, uploading, posting or otherwise) that threatens or
encourages bodily harm or destruction of property.
- Harassment: Use of the our service to transmit any
material (by e-mail, uploading, posting or otherwise) that harasses
another.
- Fraudulent Activity: Use of our service to make
fraudulent offers to sell or buy products, items, or services, or to
advance any type of financial scam such as "pyramid schemes," "ponzi
schemes," and "chain letters."
- Forgery or Impersonation: Adding, removing or modifying
identifying network header information in an effort to deceive or
mislead is prohibited. Attempting to impersonate any person by using
forged headers or other identifying information is prohibited. The
use of anonymous remailers or nicknames does not constitute
impersonation.
- Unsolicited Commercial E-mail / Unsolicited Bulk E-mail
(SPAM): Use of the our service to transmit any unsolicited
commercial or unsolicited bulk e-mail is expressly prohibited.
Violations of this type will result in the immediate termination of
the offending account.
IMPORTANT NOTICE: Anyone hosting websites or services on our servers
that support spammers or cause any of our IP space to be listed in
any of the various Spam Databases will have their account
immediately removed from our servers.
- Unauthorized Access: Use of our service to access, or to
attempt to access, the accounts of others, or to penetrate, or
attempt to penetrate, security measures of our or another entity's
computer software or hardware, electronic communications system, or
telecommunications system, whether or not the intrusion results in
the corruption or loss of data, is expressly prohibited and the
offending account is subject to immediate termination.
- Copyright or Trademark Infringement: Use of our service
to transmit any material (by e-mail, uploading, posting or
otherwise) that infringes any copyright, trademark, patent, trade
secret or other proprietary rights of any third party, including,
but not limited to, the unauthorized copying of copyrighted
material, the digitization and distribution of photographs from
magazines, books, or other copyrighted sources, and the unauthorized
transmittal of copyrighted software.
- Collection of Personal Data: Use of our service to
collect, or attempt to collect, personal information about third
parties without their knowledge or consent.
- Network Disruptions and Unfriendly Activity: Use of our
service for any activity which affects the ability of other people
or systems to use our services or the internet. This includes
"denial of service" (DOS) attacks against another network host or
individual user. Interference with or disruption of other network
users, services or equipment is prohibited. It is the Member's
responsibility to ensure that their network is configured in a
secure manner. A Subscriber may not, through action or inaction,
allow others to use their network for illegal or inappropriate
actions. A Subscriber may not permit their network, through action
or inaction, to be configured in such a way that gives a third party
the capability to use their network in an illegal or inappropriate
manner. Unauthorized entry and/or use of another company and/or
individual's computer system will result in immediate account
termination. We will not tolerate any subscriber attempting to
access the accounts of others, or penetrate security measures of
other systems, whether or not the intrusion results in corruption or
loss of data.
- Fraud: Involves a knowing misrepresentation or misleading
statement, writing or activity made with the intent that the person
receiving it will act upon it.
- Infringement of Copyright, Patent, Trademark, Trade Secret,
or Intellectual Property Right: Distribution and/or posting of
copyrighted or the aforementioned infringements will not be
tolerated.
- Distribution of Viruses: Intentional distributions of
software that attempts to and/or causes damage, harassment, or
annoyance to persons, data, and/or computer systems are prohibited.
Such an offense will result in the immediate termination of the
offending account.
- Inappropriate Use of Software: Use of software or any
device that would facilitate a continued connection, i.e. pinging,
while using our services could result in suspension of service.
- Third Party Accountability: Our subscribers will be held
responsible and accountable for any activity by third parties, using
their account, that violates guidelines created within this
Agreement.
2. LIMITED LIABILITY. PROVIDER SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF USE, LOST DATA, PHONE BILLS, COMMUNICATION LINES BILLS, LOSS OF PRIVACY, DAMAGES TO THIRD PARTY EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIMS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR OTHERWISE. FURTHER, PROVIDER WILL NOT CENSOR ANY CONTENT ON THE INTERNET. IT WILL BE CLIENT'S RESPONSIBILITY FOR THE USAGE OF THE ACCOUNT AND ANY CONSEQUENCES OF THIS USAGE.
3. Indemnification
The Subscriber shall indemnify, defend by counsel reasonably accepted by the Company, protect and hold the Company harmless from and against any and all claims, liabilities, losses, costs, damages, expenses, including consultants' and attorneys' fees and court costs, demands, causes of action, or judgments directly or indirectly arising out of or related to the web hosting and other services provided by the Company to the Subscriber.
4. Account Security
The Subscriber is responsible for any misuse of the Subscriber's account (the "Account"), even if the
inappropriate activity was committed by a friend, family member,
guest or employee. Therefore, the Subscriber must take steps to ensure that
others do not gain unauthorized access to the Account. In addition,
the Subscriber may not use the Account to breach security of other Client's accounts
or attempt to gain unauthorized access to another network or server.
- The Subscriber's password provides access to the Account. It is the Subscriber's
responsibility to keep the password secure.
- Sharing the password and account access with unauthorized
users is prohibited. The Subscriber should take care to prevent others from
using the Account. The Subscriber will be held responsible for such
use. Attempting to obtain another Client's Account password is
strictly prohibited, and may result in termination of service.
- The Subscriber must adopt adequate security measures to prevent or
minimize unauthorized use of the Account.
- The Subscriber may not attempt to circumvent user authentication or
security of any host, network or account. This includes, but is
not limited to, accessing data not intended for you, logging
into or making use of a server or account you are not expressly
authorized to access, or probing the security of other networks.
Use or distribution of tools designed for compromising security
is prohibited. Examples of these tools include, but are not
limited to, password guessing programs, cracking tools or
network probing tools.
- You may not attempt to interfere with service to any user,
host or network ("denial of service attacks"). This includes,
but is not limited to, "flooding" of networks, deliberate
attempts to overload a service, and attempts to "crash" a host.
- Users who violate systems or network security may incur
criminal or civil liability. We will cooperate fully with
investigations of violations of systems or network security at
other sites, including cooperating with law enforcement
authorities in the investigation of suspected criminal
violations.
5. Security and Integrity of Information. Although the Company
implements the latest technology for information protection there is no
guarantee that the information on Internet is absolutely secured or never
may be destroyed. The Client agrees to keep the the Company harmless in
case of loss of information or loss of privacy. The Client is RESPONSIBLE
FOR BACKING UP ALL DATA AND MAINTAINING CURRRENT BACKUP FILES.
6. Payment:
Establishment of this service is dependent upon receipt by the
Company of payment of stated charges. Subsequent payments are
due on the first of the month for that month's service.
7. Payments and Fees:
Accounts that are past due will be disabled without notice until
further payment is received. Accounts not paid by due date may
be subject to a $10.00 late fee before reactivated.
8. Payment due date:
Payments for hosting services and other recurring monthly
services are due before the 1st day of beginning of the month.
(For example payment for November is due anytime before the 1st
day of November.) A grace period of 10 days will be allowed before
unpaid accounts may be disabled without notice.
9. Refund and Disputes:
Refunds will only be granted for complete months that you have
not yet used. In other words we will not refund the current
month's service, but we will refund your money for months you
paid in advanced. All overcharges or billing disputes must be
reported within 60 days of the time the dispute occurred.
10. Failure to Pay:
The Company may temporarily deny service or terminate this
Agreement upon the failure of Subscriber to pay charges when
due. Such termination or denial will not relieve Subscriber of
responsibility for the payment of all accrued charges, plus
reasonable interest and any collection fees.
11. Account Cancellation:
All requests for canceling accounts must be made in writing with
at least 30 days notice but not more than 60 days prior. Please see the
Termination Statement outlined below.
12. Subscriber acknowledges that the service provided is of such a
nature that service can be interrupted for many reasons other
than the negligence of the company and that damages resulting
from any interruption of service are difficult to ascertain.
Therefore, subscriber agrees that the company shall not be
liable for any damages arising from such causes beyond the
direct and exclusive control of the company. Subscriber further
acknowledges that the company's liability for its own negligence
may not in any event exceed an amount equivalent to charges
payable by subscriber for services during the period damages
occurred. In no event shall the company be liable for any
special or consequential damages, loss or injury.
13. Bandwidth and Disk Usage:
Customer agrees that bandwidth and disk usage shall not exceed
the number of megabytes per month for the Services ordered by
Customer on the Order Form (the "Agreed Usage"). We will monitor
Customer's bandwidth and disk usage. We shall have the right to
take corrective action if Customer's bandwidth or disk usage
exceeds the Agreed Usage. Such corrective action may include the
assessment of additional charges, disconnection or
discontinuance of any and all Services, or termination of this
Agreement, which actions may be taken is in our sole and
absolute discretion. If we take any corrective action under this
section, Customer shall not be entitled to a refund of any fees
paid in advance prior to such action.
14. System and Network Security:
Users are prohibited from violating or attempting to violate the
security of the our network. Violations of system or network
security may result in civil or criminal liability. We will
investigate occurrences, which may involve such violations and
may involve, and cooperate with, law enforcement authorities in
prosecuting Users who are involved in such violations. These
violations include, without limitation: Accessing data not
intended for such User or logging into a server or account,
which such User is not authorized to access. Attempting to
probe, scan or test the vulnerability of a system or network or
to breach security or authentication measures without proper
authorization. Attempting to interfere with service to any user,
host or network, including, without limitation, via means of
overloading, "flooding", "mail bombing" or "crashing". Forging
any TCP/IP packet header or any part of the header information
in any e-mail or newsgroup posting. Taking any action in order
to obtain services to which such User is not entitled.
15. Notification of Violation:
We are under no duty to look at each customer's or user's
activities to determine if a violation has occurred, nor do we
assume any responsibility to monitor or police Internet-related
activities. First violation: Any User, which we determine to
have violated any element of this policy, shall receive an
email, warning them of the violation. The service may be subject
at our discretion to a temporary suspension pending a User's
agreement in writing, to refrain from any further violations.
Second Violation: Users that we determine to have committed a
second violation of any element of this policy shall be subject
to immediate suspension or termination of service without
further notice. We reserve the right, to drop the section of IP
space involved in Spam or Denial-of-Service complaints if it is
clear that the offending activity is causing great harm to
parties on the Internet. In particular, if open relays are on
your network or a customer's network, or if denial of service
attacks are originating from your network. In certain rare
cases, we may have to do this before attempting to contact you.
If we do this, we will contact you as soon as is feasible.
Termination Statement
Please send all account information, including but not limited to your username, password, website domain, email address, and any other information that may be used to verify the Account being terminated. Also include your digitial signature and termination date within the following statement: "I, __________ (your digital signature), on ________ (date) wish to cancel my requested Web Hosting Services provided by PhanXcraft. And hereby understand the Termination and Refund policies outlined at http://www.phanxcraft.com/terms.asp"
to the following email billing@phanxcraft.com with the subject "ACCOUNT CANCELATION".
This section shall be populated with additional details
outlining our other services.
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