The following Terms of Use apply to ALL Phoenix Multimedia Solutions customers :

Illegal Use

Phoenix Multimedia Solutions services must be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation 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.

Spamming

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 Phoenix Multimedia Solutions customers. Phoenix Multimedia Solutions reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

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; 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 Phoenix Multimedia Solutions 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.

Pornography

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

Payment

Phoenix Multimedia Solutions reserves the right to suspend the services if the payments are not made by the due date. Phoenix Multimedia Solutions shall not be held liable for any kind of loss due to disruption of services because of non-payment.

Actions Taken by Phoenix Multimedia Solutions

The failure by a customer to meet or follow any of the TOU is grounds for account deactivation. Phoenix Multimedia Solutions will be the sole arbiter as to what constitutes a violation of the TOU. Phoenix Multimedia Solutions reserves the right to remove any account without prior notice and to refuse service to anyone at any time. Depending on the severity of the violation, Phoenix Multimedia Solutions may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Phoenix Multimedia Solutions will notify the appropriate law enforcement authorities of such violation. Phoenix Multimedia Solutions does not issue credits for outages incurred through service disablement resulting from TOU violations. Phoenix Multimedia Solutions customers agree to indemnify and hold harmless Phoenix Multimedia Solutions from any claims resulting from the use of our services that damages them or any other party.

IRC

Phoenix Multimedia Solutions does not allow IRC or IRC bots to be operated by Web Hosting and E-Commerce customers.

Anti Piracy

Phoenix Multimedia Solutions Web Hosting and E-Commerce accounts should not be used to distributed illegal or pirated software and/or multimedia products.

The Phoenix Multimedia Solutions 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. Phoenix Multimedia Solutions 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.

Acceptable User Policy

There are several policies created to ensure fairness to all of the clients that host with Phoenix Multimedia Solutions

1. Pornography, pirated software, mp3 archives, rom archives, cracking / hacking tools, and spamming are not allowed at Phoenix Multimedia Solutions. Any material of this nature or links to material of this nature will cause the account to be shut without financial refund. These types of sites waste bandwidth and slow down the servers. It is not realistic to allow one site to ruin the speed for all of the sites. Additionally, sites of this nature often place web hosts at legal risk, and therefore cannot be allowed.

2. Phoenix Multimedia Solutions reserves the right to close any website that is using an unreasonable amount of bandwidth or server CPU time. This policy protects other web sites located within the same web server farm from becoming bogged down by the abusively high traffic site.

3. Clients that tax the machine down with malfunctioning pages or cgi scripts will lose their right to have dynamic pages (such as ASP, iHTML, and Cold Fusion. and cgi scripts. Everybody writes a code that locks up from time to time, but Phoenix Multimedia Solutions will not allow one client's scripts to ruin uptime or performance for the rest of the clients. Keep this policy in mind when uploading cgi scripts or dynamic pages, since you assume full responsibility for every file that you upload. If your cgi or other dynamic content is causing a noticeable performance bottleneck, your account will be disabled.

4. Failure to pay on time will result in the loss of the account. Phoenix Multimedia Solutions wants to give premier support to paying customers. Therefore, Phoenix Multimedia Solutions cannot waste time supporting those who do not pay.

5. Accounts created in the middle of the month get the rest of the month for free. For example, an account created on January 15 will not owe money for January. This policy makes sure you get your money's worth.

6. Websites that contain material that is intentionally offensive to racial minorities are not permitted. Sites that are found to contain such offensive content will be closed.

7. If you send Spam, your account will be closed. If a client you host in your account sends Spam, your client's site will be immediately and permanently closed. If extreme cases, your account may also be closed. We do not and will not tolerate Spam. It is your responsibility to make sure your clients realize that Spam is not and will not be tolerated. Spam is a waste of our network and system resources, and we are completely intolerant of anybody who sends or attempts to send Spam.

8. We reserve the right to charge Rs.5000 per spam message that is sent or attempted to be sent to or through any our servers. If a spammer is putting uptime or performance at risk by flogging the email services with spam, we have every legal right to receive payment from the spam sender or the company represented within the spam to cover the cost of the services rendered. This policy applies equally to Phoenix Multimedia Solutions customers and non-Phoenix Multimedia Solutions customers.

9. Phoenix Multimedia Solutions reserves the right to block incoming email from any remote SMTP relay at any time for any reason. If a remote SMTP relay is mis-configured, spammers will often exploit the remote relay to send thousands (sometimes millions of spams. If a spammer is abusing a remote SMTP relay to mail bomb domains at Phoenix Multimedia Solutions, Phoenix Multimedia Solutions will immediately block the IP of the SMTP relay that the spammer is abusing. Phoenix Multimedia Solutions also subscribes to multiple RBLs (real-time blocking lists. to automatically block known open SMTP relays and known spamming relays. While this policy dramatically reduces the amount of spam sent to Phoenix Multimedia Solutions this may inadvertently block some legitimate email.

10. Phoenix Multimedia Solutions cannot and will not be held liable for any problem incurred while hosting with Phoenix Multimedia Solutions. By hosting with Phoenix Multimedia Solutions, you assume any and all risk for possible downtime and other server / connection related problems. If you are not willing to assume this risk, you should not host with Phoenix Multimedia Solutions. While Phoenix Multimedia Solutions makes every possible attempt to maintain the highest possible level of uptime, Phoenix Multimedia Solutions will not under any circumstances make any expressed or implied guarantee for any specific level of uptime.

11. If you sell hosting services to other customers using your Phoenix Multimedia Solutions account, it is your responsibility to support those customers. Your customers must contact you for support issues.

12. In the event of a price or policy change, all customers (new and old. are subject to the price or policy change. These changes may occur at any time without any notice from Phoenix Multimedia Solutions. Phoenix Multimedia Solutions customers should check the Phoenix Multimedia Solutions website periodically to check for changes to pricing or policy.

13. Pricing and policies are subject to change at any time. Our policies are non-negotiable.

14. Do anything illegal or anything that adversely affects Phoenix Multimedia Solutions legal interests. The following list is non-exclusive, and should not be considered license to commit other illegal activities not specified below. All illegal activity is prohibited, and Phoenix Multimedia Solutions will cooperate fully with any law enforcement officials and/or agencies investigating and/or prosecuting such activities.

a. Cracking (Hacking) - attempts to access accounts or systems other than the user's own accounts or systems or an account or system that the user has been explicitly authorized to access is illegal under federal and state law.
b. Child Pornography - as defined by U.S. law. This is strictly prohibited and dealt with quickly and harshly.
c. Interstate Gambling - because Internet traffic generally ignores state and country boundaries,any Internet based gambling site is restricted by Federal Inter-state gambling regulations.
d. Pyramid Schemes or Fraud - are illegal under a number of Federal, State and Local laws.
e. Theft of Services - attempts to utilize services that are not contracted for is considered theft and will be dealt with as such.
f. Harassment - use of network to harass or threaten (in the legal sense of those terms. any other person is prohibited.

A guide to legal resources on the Internet is located at http://www.faqs.org/faqs/law/ Please consult an attorney if you are unsure of the legal status of your activities.

15. Do anything that threatens the integrity of Phoenix Multimedia Solutions's network or the utilization thereof by other persons.

a. Denial of Service (DOS. attacks) - no customer will commit a DOS attack against any customer's host, or any other host on the Internet. Similarly, no customer will willfully or negligently allow incitement of others to attack any host on our network, or any other host on the Internet.
b. RBL - No customer shall do anything that could get any portion of our IP space put on the RBL (Realtime Black List. as maintained by MAPS http://www.mail-abuse.com or other similar organizations, or perform activities that would cause portions of the Internet to refuse to route traffic to any portion of our IP space.

16. Spam - no customer shall send unsolicited commercial email, unsolicited mass mailings, spam or flood usenet newsgroups, or anything of that sort. If you have questions about what is allowed and what is not, please refer to http://spam.abuse.net.

a. No spam may originate from our IP space.
b. No spam may advertise sites or services located on our IP space (even if the spam originates elsewhere or IP space which receives IP transit over the our IP network.
c. No customer shall use third party mail servers to relay spam. This is considered a DOS attack on the third party and will be treated as such.
d. No customer shall participate in pyramid schemes or email chain letters.

Phoenix Multimedia Solutions reserves the right to terminate or interrupt any account in part or in full without refund for violation of these Terms of Service. In all but the most extreme or serious cases, good faith attempts will be made to resolve an issue without interruption of service. In cases where service has been terminated or interrupted, resolution will be handled on an individual case basis, at Phoenix Multimedia Solutions sole discretion.