TERMS

Terms of Service

These Terms and Conditions (“Agreement”), together with the Acceptable Use Policy, Privacy Policy, Cookies Policy, and order form, including all amendments or modifications to any of them, along with any policies, guidelines or amendments that may be presented to you from time to time, constitute the sole and entire Agreement between you, your employees and agents (collectively “Customer”) and Script Phoenix Digital, Inc. (collectively “Script Phoenix Digital”), a Delaware corporation, with respect to the matters covered hereby and govern your use of the Script Phoenix Digital website, materials, products and services (collectively “Services”, superseding any prior discussions, negotiations and agreements between Customer and Script Phoenix Digital (“the parties”) for the use of Script Phoenix Digital Services and with respect to the subject matter hereof. By using the Services, Customer agrees to all of the provisions contained or referred to in this Agreement.

Script Phoenix Digital reserves the right to update or change the Agreement, in whole or in part, at any time in its sole discretion without notice. Your continued use of the Services after such changes are posted to the web site also constitutes your acceptance of the changes. The Agreement may not be amended or modified by Customer except by means of a written document signed or expressly assented to by Script Phoenix Digital. Please consult this Agreement regularly. You can review the most current version of the Agreement at any time at: https://www.Script Phoenix Digital.com/terms.

Services – Script Phoenix Digital agrees to provide to Customer the Services according to the plan selected by Customer upon submitting the order form and in exchange for payment of fees and full compliance with the Agreement.

Customer agrees to be at least 18 years of age. Customer agrees to provide real, current and accurate information, including a valid and current email address, at all times. You are responsible for maintaining the confidentiality and security of your account and password. You are solely responsible for all activities that occur under your account and for any loss, theft or other destruction of any data as the result of any access to your account via the use of your account information, whether or not actually or expressly authorized by you. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction, including, but not limited to, copyright laws.

IP Addresses – Internet Protocol addresses assigned or provided by Script Phoenix Digital remain the property of Script Phoenix Digital, and the right to use the IP addresses belongs solely to Script Phoenix Digital.

Term, Fees and Payment – The initial term of the Agreement shall begin on the date that Script Phoenix Digital generates an email notification of Customer’s account activation. The term of the Agreement shall be one (1) month and will be automatically renewed each additional month beyond the expiration of the initial term subject to written cancellation by the Customer.

Establishment of this service is contingent upon receipt of payment from Customer to Script Phoenix Digital. Subsequent payments are due on the anniversary date of the month for that month’s service, unless customer requests all monthly payments to be consolidated to one specific billing date.

Fees for Service(s) ordered by Customer shall begin on the date of the initial order and that date shall serve as the monthly anniversary date for all future billings, including one-time fees, upgrades and additional services. Payment is due on the defined monthly recurring billing date of each month. Credit cards that are declined for any reason are subject to a $20.00 declination fee. Accounts that reach 7 days past due will be suspended and the Service will be interrupted. Service interrupted for non-payment is subject to a $50.00 reconnect charge. Accounts not paid by due date are subject to a $20.00 late fee. Script Phoenix Digital is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by Script Phoenix Digital. Currency exchange settlements will be based on agreements between Customer and the provider of Customer’s credit card.

Upgrade Fees: Upgrades ordered on the billing anniversary date will be billed for a full month service and will continue each month on the anniversary date. Upgrades ordered after the normal anniversary billing date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing anniversary billing date.

Additional Service Fees: Additional services ordered on the billing anniversary date will be billed for the full month service and will continue each month on the anniversary date. Additional services ordered after the normal anniversary billing date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing anniversary billing date.

One Time Fees: One time fees, such as setup fees, administrative fees, bandwidth overages and late fees are due and payable at the time they are incurred, and agreed upon in writing or via ticket with approval.

Cancellation: Script Phoenix Digital requires a three (3) day written cancellation notice prior to the anniversary billing date for discontinuance or downgrades of month to month services. Failure to supply the requisite three (3) days written notice of cancellation will result in a full billable monthly cycle prior to cancellation. Notice of written cancellation is preferred through the control panel located at https://www.Script Phoenix Digital.com/login. Notice of cancellation can also be mailed to Script Phoenix Digital, Inc, 1433 Lewis Avenue SW #106, Knoxville, TN 37920. All customer data remaining after the cancellation date will be destroyed for security and privacy reasons.

Refunds & Disputes: All services rendered by Script Phoenix Digital are non-refundable. This includes, but is not limited to: setup fees, one time fees, monthly service fees, upgrade fees, additional service fees, administrative fees, and late fees. Customers seeking to resolve billing errors are instructed to open a billing ticket inside the control panel located at https://www.Script Phoenix Digital.com/login. Customer agrees not to chargeback any credit card payments for services rendered. A chargeback of payment for services rendered will result in an additional charge of $150 and will be subject to collection by an authorized collection agency.

 

Uptime Guarantee – Script Phoenix Digital guarantees network and server uptime of 99.9% during any 12-month period. Guarantee is not applicable in cases where downtime is the result of (1) scheduled maintenance, (2) customer behavior or customer applications, or (3) circumstances where Script Phoenix Digital has no influence or control. Exceptions to the guarantee, in which no credits will be made, include, but are not limited to, (1) backbone provider failures, (2) restoration of backups, (3) movement of accounts, (4) issues at the fault of Customer or third party, (5) fiber-optic main line cuts, (6) DNS or Registrar issues with the Customer’s domain name, (7) routing issues between the Customer’s location and the data center, (8) issues with Customers’s local ISP, (9) Denial of Service attack, (10) suspension of an account per our TOS, and (11) external issues such as acts of God, war, governmental bodies, insurrection, embargo, fire, strike, sabotage, flood and any other natural or unnatural events.

For uptime credit requests, please submit a ticket to support by logging into your Script Phoenix Digital account at https://www.Script Phoenix Digital.com/login, or sending an email to support@Script Phoenix Digital.com. Credits only qualify as money back or a free month of service; the uptime guarantee extends no further. Script Phoenix Digital may require proof of downtime.

SSH – Script Phoenix Digital allows SFTP/SCP access only. Complete SSH access is not allowed.

CGI Scripts – All accounts have a cgi-bin. You can use any CGI scripts, but Script Phoenix Digital reserves the right to disable any script that affects normal server operation or service to other customers. Script Phoenix Digital is not responsible for your scripts and their functionality. Our support team cannot troubleshoot your scripts or third party scripts that you use on our servers.

Automatic Updates – Some plans include automatic updates to WordPress and other installed software enabled by default. Script Phoenix Digital is not responsible for any failures resulting from automatic upgrades made to Customer’s account or website. If Customer’s website relies on outdated plugins, themes, or any other legacy software, Customer should disable automatic updates through the control panel located at https://www.Script Phoenix Digital.com/login.

Backups – Account data is backed up nightly, but Script Phoenix Digital does not make any guarantees, either expressed or implied, as to data availability, data validity or backup regularity. Script Phoenix Digital is not responsible for the loss or recovery of your data, even if due to the negligence of Script Phoenix Digital. We suggest you make your own backups periodically.

Bandwidth/Disk Usage – Customer agrees not to exceed the maximum amount of bandwidth or disk space allotted for his or her hosting account. Script Phoenix Digital shall have the right to take corrective action if Customer’s bandwidth or disk usage exceeds the allotted amount. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Script Phoenix Digital’s sole and absolute discretion. Script Phoenix Digital may, at its sole discretion, restrict, suspend or terminate Customer’s account. Customer shall not be entitled to a refund of any fees paid in advance prior to such action. Bandwidth and disk space overage is billed at $2.00 per gigabyte over the allotted amount.

Server abuse/System resources – Script Phoenix Digital has the right to suspend or terminate any account that utilizes an excessive or unacceptable amount of system resources, unless customer upgrades the account or significantly reduces resource usage. Script Phoenix Digital has sole discretion in determining what constitutes an excessive or unacceptable amount of system resources.

Copyright Infringement DMCA – Script Phoenix Digital will respond to all reports of infringement that are formatted in accordance with the Digital Millennium Copyright Act and any other applicable copyright laws. Notices of infringement that do not comply with this act will not be processed. We will act in accordance with the DMCA when handling infringement reports.

If you believe that your work has been copied and posted on the Script Phoenix Digital Services without your permission or in any way that constitutes copyright infringement, please provide Script Phoenix Digital with the following information: a description of the copyrighted work that you claim has been infringed; a description of where the material you claim is infringing is located on the Script Phoenix Digital Service; your address, telephone number, and email address; and a written statement by you stating that you have a good faith belief that the disputed use is not authorized by you, your agent, or the law; and a statement by you, made under penalty of perjury, that you own the claimed infringing material together with any evidence of such ownership. Please contact Script Phoenix Digital at the following address:

Script Phoenix Digital, Inc
Attn: Legal Department
1433 Lewis Avenue SW
Knoxville, TN 37920

Intellectual Property – Customer acknowledges that Script Phoenix Digital owns all right, title and interest in and to the Script Phoenix Digital Services, including without limitation all intellectual property rights (“Script Phoenix Digital Rights”), and such Script Phoenix Digital Rights are protected by U.S. and international intellectual property laws. The Script Phoenix Digital Rights include rights to: (a) the Script Phoenix Digital Services developed and provided by Script Phoenix Digital and all trademarks and other intellectual property associated therewith; and (b) all software associated with the Script Phoenix Digital Services. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Script Phoenix Digital Services or any content placed on the Script Phoenix Digital Services by Script Phoenix Digital or any third party.

Disclaimer of Warranties – Script Phoenix Digital does not monitor or control content sent through its facilities. Customer acknowledges and agrees that all use of the Services and information obtained through use of Services is at customer’s sole risk. Customer is solely responsible for any damage to Customer’s computer system or other device or loss of data that results from the use of Services.

Customer acknowledge that the Services are provided on an “as is” and “as available” basis. To the extent permitted by applicable law, Script Phoenix Digital is not responsible for and hereby expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

No advice or information, whether oral or written, provided to Customer by Script Phoenix Digital or through or from the Services shall create any warranty.

Script Phoenix Digital does not warrant that (1) the Services will meet your requirements, (2) the Services will be uninterrupted, timely, secure or error-free, (3) the results may be obtained from the use of the Services will be accurate or reliable, (4) the quality of any products, services, information or other material purchased or obtained by Customer through the Services will meet your expectations, and (5) any errors in the Services will be corrected.

Script Phoenix Digital shall not be responsible for any delays, errors, loss of data, failure to perform, interruptions or disruptions in the Services caused by or resulting from acts of God, acts of third parties, omissions or conditions beyond Script Phoenix Digital’s reasonable control.

Limitation of Liability – You expressly understand and agree that Script Phoenix Digital shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Script Phoenix Digital has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.

Notwithstanding anything else in the Agreement to the contrary, the maximum aggregate liability of Script Phoenix Digital and any of its employees, agents or affiliates, under any theory of law (including breach of contract, tort, strict liability, and infringement) shall be a payment of money not to exceed the amount payable by customer for three months of service.

Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, and in such jurisdictions, Script Phoenix Digital’s liability shall be limited to the greatest extent permitted by law.

Indemnification – Customer agrees to defend, indemnify, save and hold Script Phoenix Digital, its directors, investors, employees, officers, attorneys, agents, affiliates, sponsors, subsidiaries, advertisers, partners and co-branders and their respective officers and employees harmless from and against any and all liabilities, causes of action, lawsuits, penalties, obligations, losses, damages, fines, punitive damages, amounts in interest, claims, demands, expenses and disbursements of any kind and natures whatsoever, including reasonable attorneys’ fees and court costs, (“Liabilities”) asserted against Script Phoenix Digital, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify, save and hold harmless Script Phoenix Digital against Liabilities arising out of:

any injury to person or property caused by any products sold or otherwise distributed in connection with Script Phoenix Digital’s Server;

any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;

copyright infringement;

any defective product which Customer sold on Script Phoenix Digital Server.

Script Phoenix Digital shall be the sole judge of what violates this Policy. The customer agrees to limit the liability of Script Phoenix Digital to the amount paid for service.

Governing Law and Choice of Venue – The Terms of Service and the relationship between you and Script Phoenix Digital shall be governed by the laws of the State of Tennessee without regard to its conflict of law provisions. Customer agrees to submit to the personal and exclusive jurisdiction of the courts located within the County of Knox, Tennessee.

Survival – All terms and conditions of this Agreement that should by their nature survive termination of this Agreement shall so survive.

Severability – In the event that any provision of this agreement is deemed invalid or unenforceable in court, such invalidity and unenforceability shall not affect the validity of any other provisions of the agreement, and such invalid provision will be considered severed from the agreement. However, if the court finds that limiting such an invalid provision would make it valid and enforceable, then such provision shall be deemed to be written, interpreted and enforced as so limited. Such provision may be amended or replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the parties as reflected in the original provision.

Cancellation – Customer may cancel his account at any time via the Script Phoenix Digital website. The cancellation will take effect immediately and the Customer’s account will be immediately removed. All accounts must be paid in full before cancellation can be completed.

Termination/Suspension – Script Phoenix Digital may suspend Services to Customer without notice and without liability at any time for any reason, including, but not limited to, (1) violations of the Agreement, (2) failure of Customer to cooperate with any reasonable investigation of any suspected violation of the Agreement, (3) as necessary to protect its network and its other customers, (4) default on payment, or (5) as requested by a law enforcement or regulatory agency.

Script Phoenix Digital may terminate this Agreement prior to expiration of the term without notice and without reason at any time for any reason, including, but not limited to, (1) upon ten (10) days notice if Customer is overdue on the payment of any amount due under the Agreement, (2) material violations of any other provision of the Agreement and failure to remedy the violation within thirty (30) days of a written notice from Script Phoenix Digital describing the violation, or (3) upon one (1) days notice if Customer’s Service is used in violation of a material term of the Agreement more than once.

No Waiver – The failure of Script Phoenix Digital to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

No Agency – No part of this Agreement shall be interpreted as creating any agency, partnership or other form of joint enterprise between you and Script Phoenix Digital.

Force Majeure – Script Phoenix Digital shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Script Phoenix Digital’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

Notices – Notices to Customer shall be given via email. Notices to Script Phoenix Digital under the Agreement shall be given via postal mail to Script Phoenix Digital, Inc, 1433 Lewis Avenue SW #106, Knoxville, TN 37920. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. You agree that Script Phoenix Digital may provide you with notices, including those regarding changes to the Agreement, by email, postal mail or via the Script Phoenix Digital web site.

Assignment – Customer may not transfer or assign this Agreement or your rights hereunder, without the express written consent of Script Phoenix Digital. Script Phoenix Digital may assign all or part of its rights, benefits, interest, obligations and liabilities in connection with all or parts of the Agreement to any party.

No third party beneficiaries – Customer agrees that there shall be no third party beneficiaries to this agreement.

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Cookies Policy

This website (the “Site”) is operated by Script Phoenix Digital, Inc. (“Script Phoenix Digital”, “us”, or “we”), a Delaware corporation. This Cookies Policy describes how and when we use cookies on our website, Script Phoenix Digital.com.

This policy does not apply to cookies that may be part of Script Phoenix Digital’s product offerings. For more information on those cookies, please see the applicable documentation. This policy does not apply to the privacy practices of third party websites which we may link to from our website.

What are Cookies?

A cookie is a small piece of data that our website asks your browser to store on your computer or mobile device. It generally contains certain information that is not personally identifiable to you, but is used to improve and personalize your web experience. For example, a cookie may include the date and time of visits to the website, the pages viewed, the time spent on the website and the sites visited just before and just after it.

Most web pages contain elements from multiple web domains so when you visit Script Phoenix Digital.com, your browser may receive cookies from several sources. This includes third parties that we have hired to provide services on our behalf, such as site analytics or ad targeting.

As described in our Privacy Policy, we use cookies and other technologies to ensure visitors to our website have the best possible experience and to provide targeted advertising. By continuing to visit or use our services, you are agreeing to use of the cookies and similar technologies for the purposes we describe in this policy.

Types of Cookies

Session Cookies and Persistent Cookies: Session cookies are deleted from your computer when you close your browser, whereas persistent cookies remain stored on your computer until deleted, or until they expire. Session cookies are used to remember your browsing selection or provide you with secure access to some of the services on the website, such as access to the Control Panel. Persistent cookies are used to recognize you as a repeat visitor to the Site and adapt its content in line with your preferences.

Technical Cookies: Technical cookies are used to improve your experience by enabling personalization and providing you with access to services that you have requested?.

Analytical and Performance Cookies: These cookies help us learn how well our website and services are performing. We use these cookies to understand, improve, and research our services available via our website.

Targeting or Advertising Cookies?: These cookies collect information about the browsing habits associated with your device and are used to make advertising more relevant to you and your interests.?

How we use Cookies

Our website uses cookies to facilitate your use of the website, distinguish you from other users, offer you a better user experience and identify problems in order to improve our website. Should you give your consent, we will use cookies that enable us to gather more information on your preferences and tailor our website to your individual interests.

If you interact with the content of our Website, third-party cookies may also be installed (for example, by clicking on social media buttons). They are established by a different domain and are subject to the relevant websites’ policies. We cannot access the data stored in cookies of other websites when you browse these other websites.

Your Consent

When you first visit our website, browsing and remaining on our website will imply that you agree to our use of cookies as explained in this Cookies Policy.

You can decide to withdraw your consent at any time by deleting the cookies on your computer (or mobile device) using the settings and configuration of your Internet browser.

Managing and Deleting Cookies

Cookies can be monitored and deleted from your browser. Since browsers create and store cookies, they are also the most direct way to access, manage, and delete cookies. Our system will automatically create cookies when you visit our website. Cookies are not necessary for the use of our Website, so you can block or disable them by configuring your browser to allow you to block the installation of some or all cookies. Almost all browsers allow you to be alerted to the presence of cookies or block them automatically.

If you block cookies, you can continue to use our website, although some services may be limited and your may not experience the full functionality of our website. For more information on deleting, disabling or blocking cookies, please visit http://www.aboutcookies.org

Changes to the Cookies Policy

We’ll notify you of any changes to the Cookies Policy by posting them on the Legal section on our Website, and they will be applicable from the date we publish them. We reserve the right to amend, update or adapt this Cookies Policy to reflect any changes in legislation or in the interpretation by the relevant data protection agency.

Should you require further information on the cookies used on our website, you can contact us here.

Script Phoenix Digital, Inc
Attn: Legal Department
1433 Lewis Avenue SW
Knoxville, TN 37920
E-mail: info@Script Phoenix Digital.com

IMPORTANT NOTE: IN THE EVENT YOU SEND US A NOTICE OF ANY KIND VIA EMAIL AND DO NOT RECEIVE A RESPONSE FROM US, PLEASE SUBMIT A DUPLICATE COPY VIA PAPER MAIL TO ENSURE WE RECEIVE YOUR REQUEST.