All elements of PHPMySQLWebHosting's web site, including words, images, and photos, are protected by trade dress (look and feel of this site), unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any PHPMySQLWebHosting.com website may be copied or retransmitted unless expressly permitted by PHPMySQLWebHosting, LLC .

We may amend this agreement at any time, without notice, by posting the amended terms and conditions on our web site located at http://www.phpmysqlwebhosting.com. The link will be labeled "Legal Notices" and will be located at the bottom of our website. Upon signing up for PHPMySQLWebHosting's services, all customers agree to comply with the following Acceptable Use Policies. The policy is aimed to ensure our customers are using PHPMySQLWebHosting's services with due regard to the rights of other Internet users and in conformity with the requirements of Her Web Host's network environment.

This Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington, United States of America, and the courts of the judicial district of the County of Kitsap shall have exclusive jurisdiction in respect of any proceedings in connection with this Agreement

Use of Services:

All services provided by PHPMySQLWebHosting 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; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

Additionally, in purchasing PHPMySQLWebHosting services, all PHPMySQLWebHosting customers certify that they and/or the organization they represent in procuring services from PHPMySQLWebHosting are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.

System and Network Abuse

Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Viruses and Other Destructive Activities

Use of PHPMySQLWebHosting's services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Her Web Host's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.

Spam Policy:

PHPMySQLWebHosting is committed to a zero-tolerance, anti-spamming policy. Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to PHPMySQLWebHosting's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a web site hosted on a PHPMySQLWebHosting server, and selling or distributing software (on a web site residing on a PHPMySQLWebHosting server) that facilitates spamming. Violators will be assessed a minimum fine of $200 and will face immediate suspension. PHPMySQLWebHosting reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

CGI Scripts

Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. PHPMySQLWebHosting does not permit CGI script sharing with domains not hosted by PHPMySQLWebHosting or any scripts that may be abused for UCE purposes.

Chat Rooms

PHPMySQLWebHosting provides all customers with a free chat room server that meet most users' needs and run without hindering system performance.   Chat rooms tend to require significant system resources and therefore PHPMySQLWebHosting does not allow customers to install their own chat rooms without obtaining written authorization from us prior to installing or running any chat rooms.

Background Running Programs and Cron Jobs

PHPMySQLWebHosting may allow programs to run in the background. These programs will be considered on an individual basis and customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact PHPMySQLWebHosting at support@phpmysqlwebhosting.com so that we can arrange set-up.

IRC

PHPMySQLWebHosting does not allow IRC or IRC bots to be operated on our servers.

Adult Content

PHPMySQLWebHosting allows Adult Content, however, due to the special system and network requirements of adult-oriented sites, pornography and sex-related merchandising, all adult sites are placed on adult only servers.

Traffic/Bandwidth/Data Transfer

All hosting accounts are allotted a certain amount of bandwidth each month.   Any user who goes over their allotted amount of bandwidth in a month will be billed at $2.00/GB. 

PHPMySQLWebHosting provides a bandwidth estimate figure in your control panel. This is an estimate and is provided from the server level. Actual account bandwidth usage is measured for billing purposes at the port level. This policy exists because many users offer files for download via FTP which is not otherwise measured by the server directly at this time. Please note that because the bandwidth is monitored at the port, any and all traffic for your Web Site is tracked including, but not limited to: FTP uploads and downloads, mail sending and retrieval, normal Web traffic, etc. Everything that is pushed from our server to a third-party's machine is considered bandwidth and will be measured.

We have designed this policy because many users find that hosts offer "unlimited" bandwidth only to find out that it has a very real bandwidth limit. Further, they place restrictions on what you can use the bandwidth for (i.e. no image galleries because they are a large source of bandwidth consumption). We tell you up-front how much bandwidth you are allocated each month and you have the full amount to use.

It is important to note that most sites never use more than 4GB of bandwidth. Your site has to be very popular or very graphic intensive to use more than 4 GB.

Ownership of Web Site

The legal owner of customers' web sites and accounts with PHPMySQLWebHosting will be the individual or organization whose name is listed in PHPMySQLWebHosting's database as the owner. PHPMySQLWebHosting is only responsible to the present owner of the Web hosting space. We verify ownership by credit card number (if paid for by credit card), name, address, email address, username, & password. If you give this information to any other party or give access to your email address on your account to another party, you risk having your Web site and any other information on your account changed and/or deleted. We are not responsible for any information on your account should you reveal this information to another party who causes damage to your account and/or Web site.

If you are a Web designer and you are not the person paying for the hosting account we advise you to receive payment for your work before you publish it to our servers. Once the Web site is published to our servers the account owner has retained ownership of that content.

Customers will fully cooperate with and abide by any and all of PHPMySQLWebHosting's security measures and procedures in the event of any dispute over ownership of customers' web sites and accounts with PHPMySQLWebHosting.

Child Pornography

The use of PHPMySQLWebHosting's services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. PHPMySQLWebHosting is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.

Modifications

PHPMySQLWebHosting may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with PHPMySQLWebHosting's services. Certain changes to PHPMySQLWebHosting's services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and PHPMySQLWebHosting is not liable, for any and all such personalized applications and content, except as expressly agreed to by PHPMySQLWebHosting.

Backup of Data

Full backups are made weekly, and backups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content any information. The "Archive Manager" is included in each hosting plan and client can use this tool to back up their files. If loss of data occurs due to an error of PHPMySQLWebHosting, we will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, PHPMySQLWebHosting will attempt to recover the data from the most recent archive for a $50.00 fee.

If loss of data occurs due to an error of PHPMySQLWebHosting, PHPMySQLWebHosting will attempt to recover the data at no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client.

Minimum Age Requirement

PHPMySQLWebHosting customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the AUP in order for the Minor to become a PHPMySQLWebHosting customer. A parent or guardian who accepts the AUP on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the AUP, including the timely and full payment of the charges for PHPMySQLWebHosting services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains PHPMySQLWebHosting's express written consent to the contrary. Any acceptance of the AUP or any other agreement for PHPMySQLWebHosting's services will be deemed null and void to the extent that PHPMySQLWebHosting will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of PHPMySQLWebHosting's services.

Indemnification

PHPMySQLWebHosting customers agree to protect, defend, hold harmless, and indemnify PHPMySQLWebHosting, any third party entity related to PHPMySQLWebHosting (including, without limitation, third party vendors), and PHPMySQLWebHosting's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as PHPMySQLWebHosting, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of PHPMySQLWebHosting's services.

Disclaimer

The PHPMySQLWebHosting service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. PHPMySQLWebHosting expressly disclaims any representation or warranty that the PHPMySQLWebHosting service will be error-free, secure or uninterrupted. No oral advice or written information given by PHPMySQLWebHosting, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. PHPMySQLWebHosting and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Termination for Bankruptcy or Insolvency

If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, PHPMySQLWebHosting may immediately terminate provision of PHPMySQLWebHosting's services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against PHPMySQLWebHosting in such event.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL PHPMYSQLWEBHOSTING BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSE INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR PHPMYSQLWEBHOSTING SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY PHPMYSQLWEBHOSTING SERVICES EVEN IF PHPMYSQLWEBHOSTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Governing Law and Severability

The AUP, and any other agreement for PHPMySQLWebHosting services, will be governed by and construed in accordance with the laws of the State of Washington, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and PHPMySQLWebHosting will take place in Washington, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the AUP or other PHPMySQLWebHosting agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the AUP or the agreement will continue in full force and effect.

Force Majeure

PHPMySQLWebHosting will not be liable for delays in its performance of the AUP or PHPMySQLWebHosting services caused by circumstances beyond PHPMySQLWebHosting's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). PHPMySQLWebHosting will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure.

Waiver and Amendment

Any waiver, modification, or amendment of any provision of the AUP or other agreement for PHPMySQLWebHosting services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of PHPMySQLWebHosting.

Complete Agreement and Exclusivity

The AUP, and/or any other specific agreement for PHPMySQLWebHosting services, constitutes the complete understanding and agreement between PHPMySQLWebHosting and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of PHPMySQLWebHosting, the AUP supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This AUP, and/or any other specific agreement for PHPMySQLWebHosting services is between PHPMySQLWebHosting and its customers only and will not confer any rights in any third party except as otherwise expressly provided by PHPMySQLWebHosting.

Resellers & Dedicated Hosts

Resellers and Dedicated Hosts and their clients are bound by these same Acceptable Use Policies and Terms of Service. By reselling and purchasing PHPMySQLWebHosting services, you hereby agree that PHPMySQLWebHosting shall not be held liable for any promises or failure of same that Reseller's extend to their clients, including but not limited to, quality of service, financial obligations, financial losses or any other claim NOT provided to Reseller in writing by PHPMySQLWebHosting. It is the legal duty and obligation of the Reseller to provide these policies and guidelines to its client(s).

Resellers are responsible for collecting payments from their own customers. Resellers are, in turn, responsible for payment directly to us for the full amount of their monthly bill. If a Reseller's customer is delinquent with payment to the Reseller, the Reseller may request suspension of the resold account or server until payment is received. In the event that a Reseller fails to meet their obligations as a web hosting provider, violates PHPMySQLWebHosting's policies, fails to pay fees due on designated due date, risks suspension or is suspended, PHPMySQLWebHosting reserves the right to open communications with Reseller(s) clients in order to assist that client in maintaining a live account on PHPMySQLWebHosting's servers.

If you abuse our services, we reserve the right to cancel your account, which will also cancel your customer's accounts.

Refusal Of Service

We reserve the right to refuse, cancel, or suspend service at our sole discretion.