Phoenix Creation of Richmond, VA - Web Design and Hosting Services


	The following comprises the terms of contract involved with the hosting services of Phoenix Creation. Please read them in their entireity.



	Phoenix Creation (hereby called "The Service Provider") is an Internet Service Provider and host of personal and business World Wide Web pages. Phoenix Creation maintains The Service Provider as a service to the Internet community. The goal of Phoenix Creation is to provide you with the best service possible for an enjoyable Internet experience. These Terms and Conditions are designed to keep Phoenix Creation and the Internet enjoyable and useful for all of our subscribers. Phoenix Creation does not offer hosting or design services for web sites which feature adult-oriented or pornographic material. Phoenix Creation does not actively monitor the content of any of it's hosted web sites, electronic mail transmissions, mailing lists, news groups or other material created or accessible over Phoenix Creation services. However, Phoenix Creation reserves the right to remove any materials for any client Phoenix Creation does become aware of that are, in Phoenix Creation's sole discretion, potentially illegal, could subject Phoenix Creation to liability, or violate this policy. At Phoenix Creation's discretion, hosting services will be canceled for any client who violates this policy. The use of The Service Provider is subject to the following terms and conditions. Phoenix Creation may amend this agreement on an as needed basis by placing an update of this posting, and your continued use of The Service Provider following each updated posting shall be deemed to be your acceptance of any such modification. Furthermore, it is your responsibility to monitor the "Terms and Conditions" page of The Service Provider regularly to determine whether the terms and conditions have been modified. If changes to terms and conditions or pricing have been made, these changes will take effect on the date of Client's contract renewal. If you do not agree with the Terms and Conditions of The Service Provider or any modifications or changes to this Agreement, you must immediately stop using The Service Provider.

	I. Financial Arrangements 1. Client agrees to the contract for the length specified (3 months). Client agrees to pay Phoenix Creation for services rendered pursuant to the payment schedule. 2. First payment shall be due upon receipt of contract. 3. This agreement will automatically renew for identical successive periods unless canceled in writing (by mail or E-Mail) or modified by client 15 days prior to the renewal date. Client will receive an invoice for charges and payment is due upon receipt of invoice. 4. Price Freeze Guarantee - At no time during the period that the client and The Service Provider have a hosting agreement, will the cost of hosting increase, provided service requirements on the Clients side do not change. If these requirements do so change, then The Service Provider will contact the Client with notification of the altered status. 5. Fee for returned personal or company check is $25.00. Fee for late payment is $15.00. Any service disconnection or suspension shall require a $15.00 re-connect fee Late Fees accessed 30 days after payment due. Disconnect made 45 days after payment due. Re-connect done after balance paid in full. II. Taxes Phoenix Creation shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or Phoenix Creation's server. Client agrees to take full responsibility for all taxes and fees of any nature associated with any such products sold.


	III. Material and Products Phoenix Creation will exercise no control whatsoever over the content of the information passing through the network or on the Client's web sites. Phoenix Creation makes no warranties or guarantees of any kind, whether expressed or implied for the service it is providing. Phoenix Creation also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions or gaps by any cause or errors or omissions of the Client. Phoenix Creation is not responsible for any loss, erasure, or corruption of Client's data or files whatsoever. Use of any information obtained by way of Phoenix Creation is at the Client's own risk, and Phoenix Creation specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of connection to Phoenix Creation and does not represent guarantees of available end to end bandwidth. Phoenix Creation expressly limits its damages to the Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Phoenix Creation specifically denies any responsibilities for any damages arising from a consequence of such unavailability. In the event that this material is not "Server-ready", Phoenix Creation may, at its option and at any time, reject this material, including but not limited to after it has been put on Phoenix Creation's Server. Phoenix Creation agrees to notify Client immediately of its refusal of the material and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of Phoenix Creation. If the Client fails to modify the material, as directed by Phoenix Creation, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be terminated.

	IV. Trademarks & Copyrights Client warrants that it has the right to use the applicable trademarks, if any. V. Etiquette and Policy 1. The network resources of Phoenix Creation may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Phoenix Creation. All messages via Phoenix Creation should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or postings. Users may not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access to said networks. Clients may not use Phoenix Creation's server for mass e-mail or "spamming" purposes. 2. Phoenix Creation may impose reasonable rules and regulations regarding the use of its services. Customer shall impose such rules and regulations on its customers to the extent necessary to ensure compliance. 3. Phoenix Creation's services may not be used for illegal purposes, or in support of illegal activities. Phoenix Creation reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Activities that are prohibited as potentially illegal include, but are not limited to: Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books, or other copyrighted sources, and copyrighted software. Posting or e-mailing of scams such as 'make-money-fast' schemes or 'pyramid/chain' letters. Threatening bodily harm or property damage to individuals or groups. Making fraudulent offers of products, items, or services originating from your account. Attempting to access the accounts of others, or attempting to penetrate beyond security measures of our or other systems (referred to as hacking) whether or not the intrusion results in corruption or loss of data. Harassing others by 'mail-bombing'. 'Mail-bombing' constitutes sending more than ten (10) similar mail messages to the same e-mail address. Forging any message header, in part or whole, of any electronic transmission, originating or passing through Phoenix Creation services. Distributing viruses to or from Phoenix Creation systems. 4. Bulk email sent through a mail service external to our system cannot contain an email address or a domain name that is hosted by Phoenix Creation. This generally results in complaints being forwarded to our administrative staff and will be cause for immediate account termination or suspension without prior notification. VI. Termination This Agreement may be terminated by either party, without cause, by giving the other party 15 days notice via e-mail or fax. In such event, the canceling party will be required to pay to other party an amount equal to the unused and prorated portion of service excluding any hosting or setup charges. Notwithstanding the above, Phoenix Creation may terminate the service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement. It is the clients responsibility to point his/her domain to another service provider upon termination, cancellation or discontinuation of service.


	VII. Limited Liability 1. Client expressly agrees that use of Phoenix Creation's Server is at Client's sole risk. Neither Phoenix Creation, its employees, agents, resellers, third party information providers, merchants licensers or the like, warrant that Phoenix Creation's Server service will not be interrupted or be error free; nor do they make any warranty as to the results that might be obtained from the use of the Server service or as to the accuracy, or reliability of any information service or merchandise contained in or provided through the Phoenix Creation Server service, unless otherwise expressly stated in this Agreement. 2. Under no circumstances, including negligence, shall Phoenix Creation, its offices, agents or any one else involved in creating, or distributing Phoenix Creation's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Phoenix Creation Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Phoenix Creation's records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on Phoenix Creation's Server service. VIII. Indemnification Client agrees that it shall defend, indemnify, save and hold Phoenix Creation harmless from any demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Phoenix Creation, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Phoenix Creation against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with Phoenix Creation's Server; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on Phoenix Creation Server. IX. Partial Invalidity If any provision of this agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. Phoenix Creation and Customer agree to renegotiate in good faith any term held invalid and to be bound by mutually agreed substitute provision. X. Confidentiality Customer acknowledges that by reason of their relationship, both customer and Phoenix Creation may have access to certain products, information and materials relating to the other party's business, which may include business plans, customers, software technology, and marketing plans that are confidential and of substantial value to either party, respectively, and which value would be impaired if such information were disclosed to third parties. Consequently, both Phoenix Creation and customer agree that it will not use in any way for its own account or for the account of any third party, nor disclose to any third party, any such information revealed to it by either party, as the case may be. Customer and Phoenix Creation further agree that it will take every appropriate precaution to protect the confidentiality of such information. In the event of termination of this agreement, there shall be no use or disclosure by either party of any such confidential information in its possession, and all confidential documents shall be returned to the rightful owner, or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, either party shall be entitled to injunctive relief, which relief will not be contested by the Customer or Phoenix Creation.