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This AGREEMENT (the “Agreement”) is
made and entered into between
ManilaHosting.net. (“Host”) and (“Client”) (each being referred
to individually as a “Party” and collectively as the “Parties”).
By
registering for an account with
ManilaHosting.net you agree to all of the Terms and Conditions
without exception contained in this agreement.
ACCOUNTS CAN BE AND WILL BE REFUSED AND
/ OR CANCELED AT THE DISCRETION OF MANILAHOSTING.NET.
This is a very careful and secure company and WE WILL check your
customer input to confirm your information. Any irregularities will
be cause for refusal. We do not have instant activation for this
reason. but we do have HIGHLY satisfied customers on a clean service
as a result!
No IRC's, BNC's, Eggdrops, IkonBoard, Movabletype, PHP Fusion, Proxy
scripts, UltimateBBS, BitchX, guardservices, psyBNC Unauthorized
SHELL programs, Illegal or blatantly offensive material or Spamming
from a site or server. No Exceptions at any time for any reason.
Customers who LOAD (Proof of use or public display NOT required)
these programs or materials on any server will be terminated without
recourse and billed (including penalties) and further pursued to THE
FULLEST EXTENT of the LAW, including but not limited to lawsuits
against the individuals responsible.
Third-party applications available in the CPanel or Fantastico are a
FREE features and not a part of our paid hosting services and
client's
can use it in their own risk.
Services
Hosting Services:
Host agrees to provide Client with services for hosting of a site on
the World Wide Web portion of the Internet (the “Web Site”) as set
forth or described in the Pricing of all plans. Host shall provide
the Hosting Services so that the Web Site is accessible to third
parties via the World Wide Web portion of the Internet as specified
herein. Except as expressly provided herein, Client agrees that Host
is responsible only for providing the Hosting Services, and will not
responsible for providing any services or performing any tasks not
specifically set forth in the Pricing of all plans. At the time of
execution of this Agreement, to the extent that Client wishes to
receive from Host Additional Services the arrangements for their
provision shall be set forth in a separate addendum to this
Agreement which is duly executed by the Parties (the “Services
Addendum”), and the Services Addendum shall be incorporated into,
and become a part of this Agreement. (The Hosting Services and the
Additional Services will hereinafter be referred to collectively as
the “Services”).
Client Content:
Client shall be responsible for maintaining its own content via FTP
(file transfer protocol) or other means to maintain such content.
Client assumes sole responsibility for (a) acquiring any
authorization (s) necessary for hypertext links to third party web
sites, (b) the accuracy of materials on the Web Site, including,
without limitation, Client Content, descriptive claims, warranties,
guarantees, nature of business, and address where business is
conducted, and (c) ensuring that the Client Content does not
infringe or violate any right of any third party. Notwithstanding
the foregoing, Host reserves the right, in its sole discretion, to
exclude or remove from the Web Site any hypertext links to third
party web sites, any Client Content on the Web Site, or other
content not supplied by Host which, in Host’s sole reasonable
discretion, may violate or infringe any law or third party rights or
which otherwise exposes or potentially exposes Host to civil or
criminal liability or public ridicule, provided that such right
shall not place an obligation on Host to monitor or exert editorial
control over the Web Site.
Note :
Pornography and sex-related merchandising are prohibited.
This includes sexual content or direct links to adult content hosted
elsewhere. Sites, promoting any illegal activity, violence or
content that may be damaging to our servers or any other server, or
links to such sites are also prohibited.
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Examples of non-acceptable content or links are:
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Pirated software or MP3 files
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Hackers programs or archives
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Warez Sites
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Pornography Relate Websites
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Spamming Software
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Fraudulent Websites
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Businesses Engaged in Illegal
Services/Gambling
Limitations on Client Content:
Client shall place only content that does not contain any materials
which are obscene, threatening, malicious, which infringe on or
violate any applicable law or regulation or any proprietary,
contract, moral, privacy or other third party right, or which
otherwise exposes Host to civil or criminal liability. Any such
materials placed on the Web Site which do not satisfy the foregoing
requirements shall be deemed to be a material breach of this
Agreement.
Third-Party Applications:
Third-party application available in the CPanel or Fantastico is
FREE and not a part of our paid hosting services as stated above.
Client can use these application in their own risk and Host is not
liable for any data looses or account damage that will cause by the
application. Client are solely responsible for maintaining,
upgrading, applying security patch to the application.
CGI Scripts:
Any scripts that pose a potential security risk or are deemed to be
adversely affecting server performance or network integrity will be
shut down or will be automatically removed without prior notice.
Spam:
Client shall not send bulk e-mail, commonly know as spam, from or
through their account. Any use of Client’s account to send bulk
e-mail shall be a material breach of this agreement and shall be
grounds for immediate cancellation of Client’s account without
notice.
Availability of Web Site:
The Web Site shall be accessible to third parties via the World Wide
Web portion of the Internet twenty-four (24) hours a day, seven (7)
days a week, except for scheduled maintenance and required repairs,
and except for any loss or interruption of Hosting Services due to
causes beyond the control of Host or which are not reasonably
foreseeable by Host, including, but not limited to, interruption or
failure of telecommunication or digital transmission links and
Inter-net slow-downs or failures. In the event of any loss or
interruption of Hosting Services, Client’s sole and exclusive remedy
and Host's sole and exclusive liability for any loss or interruption
of Hosting Services shall be as follows: for loss or interruption of
Hosting Services which is due to (i) causes other than scheduled
maintenance and required repairs, or (ii) causes beyond the control
of Host, or (iii) causes which are not reasonably foreseeable by
Host, including, but not limited to, interruption or failure of
telecommunication or digital transmission links and Internet
slow-downs or failures, which loss or interruption of Hosting
Services exceeds a continual period of twenty-four (24) hours,
Client shall receive a credit against future Hosting Services equal
to a pro rata portion of Hosting Services fees for the period
of downtime.
Additional Storage and Data Transfer:
In the event that the Web Site requires storage and data transfer on
the Host Server which exceeds the amount of storage included in the
Hosting Services, Client may, upon two (2) days written/e-mail
request to Host, request that Host (a) upgrade the level of Hosting
Services, or (b) acquire additional incremental storage to be
included in the Hosting Services, on a time and materials basis and
in accordance with the Pricing of all plans. Host shall review all
such requests and determine, in consultation with Client, whether it
can reasonably comply with such requests and, if so, Host shall
propose a procedure and budget for complying with such request.
Backup:
Client are solely and entirely responsible, and Host is in NO way
responsible, for the management and backup of all client data, and
all updates, upgrades, and patches to any software that customers
use in connection with Host services.
We strongly recommend that you always backup your account to keep
copies of your data off-site with you for emergency purposes. If
hardware failure and data loss occurs, you the client are
responsible for data restoration. ManilaHosting.net shall not be
liable for loss of data under any circumstance.
News and Updates:
News and any updates for the hosting services are always posted in
our website
http://www.ManilaHosting.net
Domain Name Registration:
As part of the initial Hosting Services, Client shall provide Host
with a registered domain name, or Host shall register domain name
(s) selected by Client provided that such domain name is available
for registration and does not violate any ICANN or other
registration services’ policies, or any law or regulation. Client
agrees to promptly reimburse to Host any fees paid by Host to a
domain-name registrar or other registration services with respect to
the registration and maintenance of such domain name.
Domain Name Disputes:
Host shall not be liable for any domain-name disputes which Client
may enter into or otherwise encounter. Such disputes shall be
governed by the relevant ICANN dispute procedures adopted by the
domain-name registrar with whom Client’s domain-name has been
registered.
Technical Support:
Only email support is provided for all clients. Support is provided
in first-come-first-server basis to make it fair to all the clients.
Third-Party Application Support:
Host will not guarantee to provide support for any third-party
application available in CPanel and Plesk control panel. Please go
to the website of application developer's for application supports.
Payment
Hosting Services Fees:
All processing or account creations can be done upon payment. Client
shall pay Host all fees for the Hosting Services in accordance with
the applicable fee and payment schedule set forth in the Pricing of
all plans. Host expressly reserves the right to change its rates
charged hereunder for the Services during any Renewal Term (as
defined herein). Any payment without a proof that is use for payment
verification will not be honored. Refunds will not be issued without
a valid reason.
30-Day Money Back Guarantee:
All hosting plans carry a 30-day unconditional money back guarantee.
If you are not completely satisfied with our services or support
within the first 30 days, you will be given a full refund of the
fees paid in advance (excluding setup fees) upon plan cancellation.
The following services do not qualify for the 30 Day Money Back
Guarantee: additional items and services; domain name registration;
dedicated servers; items and services ordered through the reseller
program; domain parking plus; and overage fees.
Setup Fees:
Client shall pay Host all setup/startup fees for the Hosting
Services in accordance with the applicable monthly fee. The setup
fee is NON REFUNDABLE payment, unless the Host decides to give a
complete or partial refund within 14 days of original payment.
Non-Payment:
All payments are due in full on the monthly anniversary
date. Failure to remit payment for services within fifteen (15)
consecutive days including the monthly anniversary date shall result
in automatic temporary suspension of the account without any notice.
Failure to remit payment for thirty (30) consecutive days, including
the anniversary date, shall result in automatic termination of the
account without any notice.
Reactivation of Suspended Account:
Reactivation of suspended account has a fee of Php500.00 for
regular account and Php1000.00 for reseller account.
Reactivation of Terminated Account:
Reactivation of terminated account has a fee of Php1000.00
for regular account and Php2,000.00 for reseller account.
Disclaimer of Warranty:
HOST MAKES NO WARRANTIES HEREUNDER, AND HOST EXPRESSLY DISCLAIMS ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Indemnification
A. Client
Client agrees to indemnify, defend, and hold harmless Host, its
directors, officers, employees and agents, and defend any action
brought against same with respect to any claim, demand, cause of
action, debt or liability, including reasonable attorneys’ fees, to
the extent that such action is based upon a claim that: (i) if true,
would constitute a breach of any of Client’s representations,
warranties, or agreements hereunder; (ii) arises out of the
negligence or willful misconduct of Client; or (iii) any of the
Client Content to be provided by Client hereunder or other material
on the Web Site infringes or violates any rights of third parties,
including without limitation, rights of publicity, rights of
privacy, patents, copyrights, trademarks, trade secrets, and/or
licenses.
B. Host
Host agrees to indemnify, defend, and hold harmless Client, its
directors, officers, employees and agents, and defend any action
brought against same with respect to any claim, demand, cause of
action, debt or liability, including reasonable attorneys’ fees, to
the extent that such action arises out of the gross negligence or
willful misconduct of Host.
Notice:
In claiming any indemnification hereunder, the indemnified Party
shall promptly provide the indemnifying Party with written notice of
any claim which the indemnified Party believes falls within the
scope of the foregoing paragraphs. The indemnified Party may, at its
own expense, assist in the defense if it so chooses, provided that
the indemnifying Party shall control such defense and all
negotiations relative to the settlement of any such claim and
further provided
that any settlement intended to bind the indemnified Party shall not
be final without the indemnified Party’s written consent, which
shall not be unreasonably withheld.
Limitation of Liability:
HOST SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR
ALTERATION, THEFT OR DESTRUCTION OF, THE WEB SITE OR CLIENT’S DATA
FILES, PROGRAMS OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR
DEVICES. HOST SHALL HAVE NO LIABILITY WITH RESPECT TO HOST’S
OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL,
EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF HOST HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE
LIABILITY OF HOST TO CLIENT FOR ANY REASON AND UPON ANY CAUSE OF
ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO HOST BY
CLIENT UNDER THIS AGREEMENT DURING THE MONTH IMMEDIATELY PRECEDING
THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL
CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO
BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT
LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS.
Termination and Renewal
Term:
This Agreement shall be effective when signed and thereafter shall
remain in effect unless earlier terminated as otherwise provided in
this Agreement (the “Initial Term”). This Agreement shall
automatically be renewed beyond the Initial Term for additional
one(1) year terms (each, a “Renewal Term”) unless Client provides
Host with a written notice of termination at least thirty (30) days
prior to the expiration of the Initial Term or the then-current
Renewal Term.
Termination:
Host/Client may terminate this Agreement for any reason by providing
written/email notice of termination to Host/Client thirty (30) days
prior to the termination date and refunding a pro rata portion of
fees paid to Client for Hosting Services not yet rendered on the
date of termination. If the Client has failed to inform the Host for
the account termination, the Host has the right to hold the account
including the domain and Client must pay all unpaid fees to resolve
this matter.
Termination and Payment:
Upon any termination or expiration of this Agreement, Client shall
pay all unpaid and outstanding fees through the effective date of
termination or expiration of this Agreement.
Entire Agreement:
This Agreement and Schedules referenced herein constitute the entire
agreement between Client and Host with respect to the subject matter
hereof and there are no representations, understandings or
agreements which are not fully expressed in this Agreement.
Assignment:
Client shall not assign, without the prior written consent of Host,
its rights, duties or obligations under this Agreement to any person
or entity, in whole or in part, whether by assignment, merger,
transfer of assets, sale of stock, operation of law or otherwise,
and any attempt to do so shall be deemed a material breach of this
Agreement.
Modification and Notice:
Host has the right to modify this Agreement. Any modification is
effective immediately upon either a posting on the
ManilaHosting.net'’ Home Page (http://www.ManilaHosting.net),
or upon notice by electronic mail, or postal mail. Client’s
continued use of the Host’s Service following notice of any
modification to this Agreement shall be conclusively deemed an
acceptance of all such modification's). Client’s only right with
respect to any dissatisfaction with any modifications made pursuant
to this provision, or any policies or practices of Host in providing
the Services, including, without limitation, (i) any change in the
content of the Services, or (ii) any change in the amount or type of
Service Fees, is to terminate this agreement by delivering notice to
Host. Such notice will be effective upon receipt by Host.
Waiver:
The waiver of failure of either Party to exercise any right in any
respect provided for herein shall not be deemed a waiver of any
further right hereunder.
Counterparts:
This Agreement may be executed in several counterparts, all of which
taken together shall constitute the entire agreement between the
Parties hereto.
Headings:
The section headings used herein are for reference and convenience
only and shall not enter into the interpretation hereof.
Approvals and Similar Actions:
Where agreement, approval, acceptance, consent or similar action by
either Party hereto is required by any provision of this Agreement,
such action shall not be unreasonably delayed or withheld.
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