The Terms of Service sets forth the general terms and conditions when you use the products and services made available by Phitany. When using the Services, you agree to abide by the rules of this Agreement and if not, you are not authorized to access or use the Services.
Phitany does not allow unsolicited email, pornographic material, or promoting any type of illegal activity. Stringent action against fraud, denial of service attacks, storing and/or linking to illegal content will be taken and against people involved in gambling, drugs, and obscene material. The Company reserves the right to cease your account at any time if found guilty of the actions above. Action will be taken when attempts to circumvent any of the above procedures are found.
Phitany reserves the right to prevent sharing of the following content either on dedicated or shared servers. These are – *AutoSurf sites *Anonymizers *Bots*BruteforcePrograms*Banner-Ad Services*Bank Debentures*Commercial Audio Streaming*Forums*Fraudulent Sites*File Dump*Hateful/Racist/Harassment oriented sites*Hacker focused sites*High-Yield Interest Programs*Image hosting scripts*Linden Exchange*MLM*Mailer Pro*Proxy Scripts*Prime Banks Programs*Spam Scripts*Sale of any controlled substance without prior proof of permit*Sites promoting illegal activities*Topsites*Torrent Sites*
The Services including networks, equipment and network devices are solely provided for authorized customer use. Phitany may monitor the systems occasionally to prevent any fraudulent and unauthorized access. We may copy, record, examine and use your information without asking for your explicit consent during monitoring. It is your responsibility to ensure that you have appropriate permissions set on directories and that the scripts/programs installed under your account are secure. Any account found connecting to a third party network without authorization is subject to suspension. Approval from third parties includes a written confirmation of the use. Phitany may ask for the requisite documents to prove the authorization.
If you fail to remove any malicious content from the site even after being notified by the Phitany, the Company reserves the right to suspend/terminate your account. Phitany reserves the right to migrate your account from one data center to another to comply with local laws, applicable data center policies and for any other reason without issuing a warning or notice
Phitany offers a Thirty-day money-back guarantee if you are not completely satisfied with the hosting services. Terminate your account within a month of signing up for the Services and receive a full refund.
Please note that no refund will be given on SSL certificates, domain names, mailer accounts and dedicated servers.
You may cancel or terminate the Services by raising a ticket from the account holder’s email address. In such an event, you shall be obligated to pay all outstanding charges and fees before submitting your cancellation request. State your User ID and Password to validate the cancellation. The application has to be submitted 30 days prior to the actual termination date. We process the request for cancellations using an online form in order to (1) Confirm your identity (2) Document your request (3) Confirm that you are prepared for all of your emails and files to be removed. This process prevents malicious applications and mistakes and notifies you that all your data including files and emails will be deleted permanently.
It is your responsibility to ensure that all your payments and invoices reach us on time. Unless provided, you agree to be automatically billed on a recurring basis to prevent any disruption of Services. If not, your Services will be disrupted if they reach 5 days past due and $10 will be charged as your renewal fees. Please note that we will terminate the account if we did not receive the payment in 30 days.
You agree to pay all the charges to use the Services at the current Phitany prices which shall be exclusive of tax. It will be your responsibility to pay for the federal, state, local, value-added taxes, excise duty, or any other taxes accrued by the laws of the respective country.
You have ninety (90) days to dispute any charge processed by Phitany. If you have any questions concerning a charge on your credit card, please reach out to the billing department for assistance. If you contact your credit card company and issue a chargeback, you will be liable to pay $50 as the chargeback fee. As per our Terms of Service, if you fail to pay this amount, your account will be terminated.
Phitany’s Backup services run once a week and overwrite any of the previous backups. It should be your sole responsibility to keep a backup at your end. The Service Provider will not be responsible for files and/or any data loss. You take full responsibility to maintain an appropriate backup of your data stored on our servers.
We cooperate fully with law-enforcement agencies and may disclose any and/or all User Information including account history, assigned IP numbers, account use, etc. to the agent. The subscriber in question will not be notified or consented for the same.
Phitany may add, delete or modify any portions of this Agreement anytime. Once done, we will post a notice on the website for a minimum of 30 days once the changes come into effect. You agree to any modification to this Agreement and continue to use the Services post the change.
Phitany can not be held responsible for any damages or loss caused to your business. It makes no warranties of any kind, neither implied nor expressed, for the Services offered. We disclaim any warranty for a particular purpose like a delivery failure, loss of data, service interruptions caused by our company or employees, etc.