Terms and Conditions of Use

Prohibited content and activities

The following content and activities are strictly prohibited on our services:

• Sexual content involving minors, child exploitation or non-consensual material
• Excessively violent content or content that incites violence or hatred
• Pyramid schemes
• Defamatory or confidential content that violates privacy or personal data integrity
• Phishing
• Proxy scripts or services
• IRC bots
• SPAM
• SCAM / Fraudulent or scam websites
• Black market activities
• Hacking activities
• Denial-of-service attack scripts
• Port scanning
• HYIP
• Spoofing
• Torrentflux / Bittornado
• Rapidleech or similar tools
• Terrorism-related websites
• Malware
• Cryptocurrency mining
• Trolling
• Botnets
• Mailbombing
• Spam-generating scripts
• Providing information that violates applicable Chilean law

Adult content (+18)

Legal adult content may be hosted, subject to the following conditions:

• The account holder must be of legal age and the content must be directed exclusively to persons over 18 years of age.
• It must comply with applicable Chilean law and must not constitute a crime.
• It must include age warnings and must not be shown to minors.

Content involving minors (child sexual abuse material), non-consensual content or any other unlawful material is strictly prohibited, in accordance with Law No. 20.526 and other applicable regulations. Such cases will be reported to the competent authorities.

Resource usage

Shared hosting plans operate in a shared-resource environment (CPU, memory, input/output and storage) subject to reasonable-use limits. Clients must keep their websites and applications at a normal consumption level, consistent with the features of the contracted plan.

If an account's consumption affects the performance or stability of the node where it is hosted, we will notify the client so they can correct or reduce their consumption within a reasonable period. If the situation is not resolved within that period, we may limit or suspend the affected account.

Where consumption poses an imminent risk to the stability or security of the node or of other clients, we may apply an immediate limitation or suspension, notifying the client as soon as possible.

Content policy on VPS services

VPS services are governed by Chilean local law. The client retains full control and responsibility over hosted content and virtual server configuration.

Content policy on Hosting services

DirectAdmin, cPanel and HestiaCP hosting plans are oriented toward client confidentiality. Copyright or third-party content claims are handled exclusively under Chilean local law.

We prioritize account privacy and do not perform automatic takedowns for foreign requests that lack validity under Chilean legislation or competent jurisdiction in Chile. We do not share client data without legal basis under Chilean law.

Copyright and content takedown requests

As a general rule, Phantom Server does not act on content takedown requests (DMCA or otherwise) that are not supported by a valid court order issued by a competent Chilean court and processed under Law No. 17.336 on Intellectual Property and other Chilean laws. For requests from third parties or foreign authorities lacking jurisdiction in Chile, we do not perform automatic takedowns and, where applicable, we inform the account holder.

Exception — segment 45.8.207.0/24: for IP addresses within the 45.8.207.0/24 segment, we do process copyright infringement notices (DMCA). In these cases we forward the notice to the client and request removal of the reported content within no more than 24 hours from the sending of the notice.

If the content is not removed or the client does not respond within that period, we may suspend the affected content or service. Account holders who repeatedly infringe within that segment may have their service suspended or terminated.

Account and legal capacity

To contract and use our services you must be at least 18 years old and have the legal capacity to contract. The account holder is responsible for the accuracy of the information provided and for keeping their access credentials safe.

Sharing or reselling the services to third parties is not allowed without a reseller plan or prior written authorization from Phantom Server.

Storage usage

Storage in hosting plans is intended exclusively for files and content required for the operation of the hosted websites. It may not be used as a backup service, cloud storage, repository for files unrelated to the site, file distribution or video/audio streaming.

Use of storage outside its purpose, or that affects node operation, may be limited or suspended under the "Resource usage" section.

Email and anti-SPAM policy

Sending unsolicited bulk email (SPAM) is strictly prohibited, as is the use of purchased or non-consented lists. All sending must comply with applicable Chilean law.

To protect IP reputation and deliverability for all clients, we apply sending limits and abuse monitoring. Email misuse may result in limitation, suspension or termination of the service.

Dedicated IPv4 (optional add-on)

A dedicated IP is an optional service subject to availability and justified use. The client must use it for the declared purposes, may not hoard addresses and may not use it for activities prohibited under these terms.

The client is responsible for not harming the reputation of the IPv4 space through unsolicited email or other abusive practices. Phantom Server may revoke or reassign the dedicated IP in the event of misuse, breach of these terms or authority requirements, without prejudice to other applicable measures.

Backups

We perform automatic backups for the purpose of assisting in service recovery. These backups are not a guarantee of recovery or a complete backup, and do not replace the copies the client must keep on their own.

Phantom Server is not liable for data loss arising from client errors, third-party software, cyberattacks or any cause beyond its reasonable control. The client is responsible for keeping independent backups of their information.

Payments, billing and overdue amounts

Prices are published in US dollars (USD) and, for the client's convenience, also in referential Chilean pesos (CLP). In Chile, prices in pesos are understood plus Value Added Tax (IVA) of 19%, unless stated otherwise. We issue the corresponding tax document in accordance with the Chilean Internal Revenue Service (SII) regulations.

We accept the published payment methods (for example, PayPal and Cryptomus). Subscriptions renew for equivalent periods unless previously cancelled from the client area. Unpaid services may be suspended and, after a grace period, cancelled and their data deleted under the corresponding section.

Refunds and right of withdrawal

If you contract as a consumer by electronic means, Law No. 19.496 grants the right of withdrawal within 10 days of contracting, by request to info@phantomserver.net. We will proceed with the refund where legally applicable, deducting services actually provided and non-refundable third-party costs (for example, activated domains or licenses).

The right of withdrawal does not apply to services already provided, digital content supplied, or third-party licenses or registrations once activated, to the extent permitted by law. Improper chargebacks may result in account suspension.

Suspension, cancellation and data deletion

We may suspend or cancel a service for breach of these terms, abusive resource use, prohibited activities, non-payment or legal requirement, seeking to notify the client where possible and where there is no imminent risk.

The client may request cancellation from the client area. After cancellation, associated data is retained for a reasonable period and then deleted, without prejudice to information we must retain for legal obligations or for the exercise of claims.

Indemnity

The client shall hold Phantom Server harmless against claims, damages or third-party liabilities arising from the content hosted, the use of the service or any breach of these terms and applicable law.

Privacy and personal data

The processing of personal data is governed by our Privacy Policy and by Law No. 19.628 and Law No. 21.719 on personal data protection.

Changes to the terms

We may update these terms to reflect legal, technical or operational changes. We will publish the current version with its update date and, for substantial changes, seek to inform you through the registered contact channels. Continued use of the service after the effective date implies acceptance.

Client responsibility

The client is responsible for all material published, disseminated, distributed or hosted on their hosting account, holding Phantom Server free from any liability or blame.

Limitation of liability

Phantom Server shall not be liable for fortuitous service outages caused by the following types of events:

1. Earthquakes and natural disasters that prevent service delivery.
2. Outages of national and/or international links provided by external companies.
3. Prolonged power outages that exceed backup capacity provided by external companies.
4. Loss of data and/or information deleted by the client.
5. Misconfiguration and service disasters due to misuse.

Governing law and jurisdiction

These terms and the use of our services are governed by the laws of the Republic of Chile. Any dispute arising from the provision of services shall be submitted to the competent courts of Chile, unless otherwise required by law.