User Policy

User-Supplied Content
All services may be used for lawful purposes only. Through Phoenix Design Concepts, Inc. Service, you may have access to Chat Areas, Bulletin Boards, Web Pages, email, or other Services that enable you to send or post materials ("content") and make that content available to others. You must not submit, publish, or display on the Network any defamatory, inaccurate, abusive, obscene, infringing, or threatening content. In addition, you may not submit, publish, or display any content that violates any US Federal, State, or Local Law. You are solely responsible for the content you make accessible through the Network. You may not use the Service to assist any other person or entity to violate any Federal, State, or Local Laws, Ordinances or Regulations.

Phoenix Design Concepts, Inc. is not obligated to monitor the Network to examine available content. You hereby acknowledge that if we are made aware of content that is determined to be, in its sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, Phoenix Design Concepts, Inc. has the right, but not the obligation, to edit, remove or deny access to such content. Phoenix Design Concepts, Inc. may disclose any content or records concerning Customer's account as required to satisfy any Law, Regulation, Governmental Request or Court Order.

Pornography and sex-related merchandising are prohibited on all Phoenix Design Concepts, Inc. Servers. This includes Sites that may infer sexual content, display nudity, or link to adult content elsewhere. This is also true for Sites that promote any illegal activity or content that may be damaging to Phoenix Design Concepts, Inc. Servers or any other Server on the Internet. Links to such materials are also prohibited. In addition, any Site Selling or promoting Bulk email Service is not allowed. Below are some examples of non-acceptable content or links:

• Adult Sites - Any erotic or pornographic material, links to adult sites, or advertisements for adult sites.
• Pirated Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost; i.e. ROMs, ROM Emulators and MPEG Layer 3 files (MP3).
• Copyright Violations - Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer.
• Hacking/Phreaking - Includes sites with material, links, or resources for hacking, phreaking, viruses, anarchy, or any type of site that promotes or participates in willful harm to Internet Sites or Providers.

Network Security
Customers may not use the  Network with an 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 the Customer, logging into a Server or Account the Customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's Security Policy. Customers may not attempt to interfere or deny service to any User, Host or Network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a Host or Network. Phoenix Design Concepts, Inc. 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. Users who violate System or Network Security may incur Criminal or Civil Liability.

CGI Scripts
Each account comes fully equipped with its own pre-configured CGI-Bin. Customers are free to use any CGI-Scripts provided with their account or add any additional ones they require. Any CGI-Scripts deemed to be adversely affecting the Server performance or the Network integrity may be shut down without prior notice. CGI-Script sharing with Domains not hosted by Phoenix Design Concepts, Inc. is not allowed.

Chat Rooms
Phoenix Design Concepts, Inc. prohibits its Customers from installing outside chat rooms on their Domain, as these tend to be a resource problem. Phoenix Design Concepts, Inc. does provide its Customers a choice of Java Chat rooms to choose from for a nominal monthly charge. These chat rooms were designed to meet the growing needs of Customers and function without hindering the performance of the Servers for others.

Server Resources
Any Web Site that uses a high amount of Server resources (such as, but not limited to CPU Time, Memory Usage, and Network Resources) will be given an option of either upgrading their service level or reducing the resource used to an acceptable level.

Background Running Programs
Background Daemons in general are prohibited. Phoenix Design Concepts, Inc. will consider requests on a Per Application Basis. If allowed, extra charges will be assessed based on resource requirements for system maintenance.

IRC
Phoenix Design Concepts, Inc. currently prohibits its Customers from operating IRC or IRC Bots on any of the Servers in the Phoenix Design Concepts, Inc. Network.

Commercial Advertising/ Mass Mailings
You must not use the  Network, Phoenix Design Concepts, Inc. Equipment or any Phoenix Design Concepts, Inc. email Address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your Domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the Phoenix Design Concepts, Inc. Network, Phoenix Design Concepts, Inc. Equipment or any Phoenix Design Concepts, Inc. email Address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.

If you are found to have spammed, without warning, Phoenix Design Concepts, Inc. reserves the right to disable your Domain. In addition, Phoenix Design Concepts, Inc. may impose a $100 penalty for each spam policy violation. Phoenix Design Concepts, Inc. solely reserves the right to refuse or cancel service to known spammers. Lastly, Phoenix Design Concepts, Inc. reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

Distribution and/or Transmission of Obscene, Indecent Speech or Materials
Violation of Indecency and Obscenity Laws can result in Criminal Penalties.

Intellectual Property Rights
Material accessible to you through Phoenix Design Concepts, Inc. Services may be subject to protection under the United States or other Copyright Laws, or laws protecting Trademarks, Trade Secrets or Proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Phoenix Design Concepts, Inc. Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Phoenix Design Concepts, Inc. Network. If you use a domain name in connection with the Phoenix Design Concepts, Inc. Service or similar service, you must not use that Domain Name in violation of any Trademark, Service Mark, or similar rights of any third party.

Defamation
Defamatory speech distributed over the Internet can result in Civil Liability for the defamer.

Refusal of Service
Phoenix Design Concepts, Inc. reserves the right at its sole discretion to refuse or cancel service. Violation of any of Phoenix Design Concepts, Inc. Rules and Regulations could result in a Warning, Suspension, or possible Account Termination. Accounts terminated due to policy violations will not be refunded.

Service Cancellation
To authenticate a cancellation request, mail a cancellation notice to Phoenix Design Concepts, Inc., P.O.Box 5656, Jacksonville, FL 32247. You must include your Company or Contact Person Name and the Domain Name(s) on which you want to cancel the hosting. We cannot accept cancellation requests over the phone or through email for security reasons.

Indemnification
Customer agrees that it will protect, indemnify, save and hold Phoenix Design Concepts, Inc. harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney's fees assessed against Phoenix Design Concepts, Inc., its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it's customers, agents, employees or assigns. Customer agrees to defend, indemnify and hold Phoenix Design Concepts, Inc. harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or distributed in association with Phoenix Design Concepts, Inc. Services; (2) any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright violation and any defective products sold to a Customer from Phoenix Design Concepts, Inc. Services.

Disclaimer
Phoenix Design Concepts, Inc. will not be responsible for any damages your business may suffer. Phoenix Design Concepts, Inc. makes no warranties of any kind, expressed or implied for services we provide. Phoenix Design Concepts, Inc. disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Phoenix Design Concepts, Inc. and its employees. Phoenix Design Concepts, Inc. reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation.

Phoenix Design Concepts, Inc. furthermore expects that its Customers who provide Internet services to others will fully comply with all applicable laws concerning the Privacy of On-line Communications. A Customer's failure to comply with those laws will violate this policy. Finally, Phoenix Design Concepts, Inc. wishes to emphasize that in accepting services, Customers indemnify Phoenix Design Concepts, Inc. for the violation of any law or Phoenix Design Concepts, Inc. policy, that results in loss to Phoenix Design Concepts, Inc. or the bringing of any claim against Phoenix Design Concepts, Inc.. This means that if Phoenix Design Concepts, Inc. is sued because of activities of the Customer that violate any law, or this policy, the Customer will pay any damages awarded against Phoenix Design Concepts, Inc., plus costs and reasonable attorneys' fees.

Payment and Refund Policy
Fees to Phoenix Design Concepts, Inc. are due upon the due date stated on the invoice. There will be a $3 late fee (per domain) charge added to all payments which are received after the 15^th of the month (or the due date, if not the 15^th). If a payment is past due, changes to website pages or hosting accounts desired by the customer will not be made until the account is paid in full. Accounts which are 30 days past due will be suspended; if payment is still not received after 60 days from the initial due date the account will be terminated. To reactivate the account when it is suspended, payment must be made in full including any late charges. Accounts that have been terminated can be reactivated by paying the outstanding balance and a $25 service charge to set up a new hosting account and publish the site. Phoenix Design Concepts, Inc. reserves the right to remove web pages from viewing on the Internet until final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process. This agreement becomes effective only when signed by Phoenix Design Concepts, Inc. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Duval County, Florida, and any dispute will be litigated or arbitrated in Duval County, Florida. All payments will be made in US funds by check, money order, Visa, or MasterCard.

Hosting accounts that are paid for on a yearly basis may be canceled before the year is finished and a refund will be given. The account will prorated for the time used based on the regular monthly rate of $9.95 for a 25 MB account, $25.00 for a 500 MB account, or $35.00 for an IDX account. Accounts that are canceled before the end of any given month will be charged for that entire month.

If an account is terminated with an outstanding balance, the domain name(s) cannot be transferred until the account is paid in full. After 90 days, domains are forfeited and become the property of Phoenix Design Concepts, Inc.

Privacy Policy
Phoenix Design Concepts, Inc. insures that all personal information being voluntarily submitted to us in the processing of your order (to be used for record and billing purposes, etc.), inclusive, but not limited to, credit card and other personal information, will be kept strictly confidential and used "solely" by Phoenix Design Concepts, Inc., its authorized representatives and employees; for the strict purpose for which it was intended, and for the benefit of the Subscriber. We agree not to share, rent, sell or release this information to any individual, entity or third party, for any reason, without the specific written consent of the Subscriber; with exception as required by Law, Regulation or Governmental Authority.

Phoenix Design Concepts, Inc. is committed to protecting and securing all Subscriber provided information, through the use of firewalls and additional security measures in place at its physical facilities to protect against the loss, misuse or alteration of such information.