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Manila Hosting Terms & Conditions
Please read this document carefully. This
Agreement outlines the duties and responsibilities of M.H.
Communication Services (THE PROVIDER) in providing you with
Web Site Design and Hosting (the Service) as well as your
rights and responsibilities as a user. Additionally, you
acknowledge that you are of legal age and therefore able to
enter into this binding contract with THE PROVIDER. In the event
that you do not wish to be bound by these terms and conditions,
you hereby expressly acknowledge and agree that you shall be
prohibited from accessing or using the Service.
1. Company Policies on the
Use of the Service
As a subscriber to the Service, you are responsible for your access
to the Service. You further agree to comply with all of THE PROVIDER
policies respecting the Service (including but not limited to the
Acceptable Use Policy of THE PROVIDER) as provided to you or to
which you shall be directed when using the Service. You agree to
provide accurate and current information about yourself as required
by the registration process, and to update such information as
promptly as possible to ensure that it is kept accurate and
complete. You agree that THE PROVIDER shall not be responsible for,
is free and harmless from, any and all liabilities and expenses
related to any violation of this Agreement by you or any user of
your account, or in connection with the use by you or any users of
your subscription. Furthermore, you agree to notify THE PROVIDER of
any unauthorized use of your password or account. Also, you agree
that the Service can only be used by you and/or any party that you
authorize and that you may not transfer or make available your
account name and password to others. Should you at any time deposit
information, software or other content in the public areas of the
Service, you hereby understand and agree that THE PROVIDER shall
have the right and license and you hereby give THE PROVIDER the
authorization but not the obligation to edit, copy, publish,
distribute and translate such information, software or other
document for any use without charge. Subject to the foregoing right
and license, each Subscriber who deposits information, software or
other document on the Service retains any rights Subscribers may
have in such information, software or other document. While using
the Service, you shall not post, transmit or otherwise distribute
information constituting or encouraging conduct that would
constitute a criminal offense or give rise to civil liability, or
otherwise use the Service in a manner which is contrary to the law
or would serve to restrict or inhibit any other user from using or
enjoying the Service or the Internet. More specifically but without
limiting the generality of the afore mentioned, you agree while
using the Service not to:
- defame, abuse, stalk, harass, threaten or
otherwise violate the legal rights of others, including
without limitation, the rights of minors and the rights
relating to privacy and publicity;
- post, transmit, link to, or otherwise
distribute any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful material or
information;
- post, transmit or link to any information
or software which contains a virus, cancelbot, Trojan horse,
worm or other harmful or disruptive component. You more
specifically agree, without limiting the generality of the
aforementioned, not to use the e-mail service to post,
transmit, or otherwise facilitate the creation or
distribution of chain letters, junk e-mail, spam or any
duplicative or unsolicited messages, surveys, contests or
pyramid schemes.
- Also, you may not forge headers or
otherwise manipulate any identifiers serving to disguise the
origin of any content transmitted using the e-mail service;
- upload, post, publish, transmit,
reproduce, link to or distribute in any way, information,
software or other material obtained through the Service, or
any derivative work thereof, which is protected by copyright
or any other intellectual property right, without obtaining
permission of the copyright owner or right holder;
- impersonate or falsely represent your
association with any person, including THE PROVIDER’s
representative or forum moderator;
- use, reproduce, sell, resell or otherwise
exploit the Service or any of its components for any
commercial purposes;
- gather, collect or store personal
information about others;
- distribute false publicity or
advertisements or access the Service with the intention of
extracting content for purposes other than personal use nor
- attempt to gain access to the Service or
any site, account, computer system or network connected to
the Service, through hacking, password, mining or any other
means. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made
available through the Service. THE PROVIDER reserves the
right to refuse to post or to remove any information or
materials, in whole or in part, that according to them and
in its sole discretion, are unacceptable, undesirable or in
violation of the Terms and Conditions. Subject to the terms
of this Agreement, you may use and display the software on
any machine of which you are the primary user:
2. Use of the Service by
Minors is not permitted.
3. Credit Investigations,
Client Information and Confidentiality.
You hereby authorize THE PROVIDER and its representatives to verify
your personal financial status by conducting a credit investigation
with third parties. All personal information obtained by THE
PROVIDER shall be treated as confidential as required by law. Unless
you consent in writing thereto or unless disclosure is required by
law, THE PROVIDER will not disclose any personal information
pertaining to you to any party other than:
- an agent or credit agency retained by THE
PROVIDER to collect any overdue amounts owed to THE PROVIDER
by you pursuant to the terms of this Agreement;
- administrative personnel of THE PROVIDER,
provided that the personal information is released to such
personnel solely for THE PROVIDER’s internal administrative
purposes;
- any agent or contractor of THE PROVIDER
that requires such personal information for the sole purpose
of permitting the provision to you of the Service to be
provided by THE PROVIDER pursuant to the terms of this
Agreement, or;
- as may be required by law or government
decree.
4. Fees, Billing and Plans
- Fees.
As a Subscriber of THE PROVIDER, you hereby agree to pay
such fees including all applicable taxes, incurred by the
use of the Service, all of which shall be charged to your
account in accordance with the rates and conditions
established by THE PROVIDER for the Service and as such
rates and conditions may be amended by THE PROVIDER from
time to time upon 15 days prior notice to you. You further
undertake and agree to promptly provide THE PROVIDER with
any modifications to the credit card or banking information
supplied with your account (i.e., changes to your credit
card expiration date or other similar credit card
information if you choose to pay via credit card facility)
Late monthly payments due to failure to promptly inform THE
PROVIDER of credit card or banking information shall incur
an interest rate of 12% per annum
- Exchange Rate for US$
Transactions. Exchange rate
used is based on the prevailing bank selling rate at the
time of billing date. Please process your payment using said
rate.
- Billing.
As a Subscriber of THE PROVIDER, you shall pay monthly fees
as prescribed by the Service. Your initial billing period
begins on the date of the activation of your Domain Name. In
the event that the client has an existing domain name, date
of activation will depend on the actual date of domain "nameserver
propagation". Subject to the provisions to the contrary
as set forth herein, your account will be automatically
renewed on a monthly basis. Your monthly bill will be based
on the plan that you subscribe to plus any incidental
charges which you may incur. You hereby agree to accept full
responsibility for all charges of your account.
- Email Storage and Traffic.
With your subscription, THE PROVIDER limits you to the plan
that you subscribed for the number of mailboxes and amount
of storage that goes with your account. This storage space
is for mail that has not yet been downloaded and/or read. It
is not for storing mail that you have already downloaded
and/or read. That material should be stored on your
computer. Should your mailbox exceed at any time, your
subscribed storage limit, you will be asked to remove all
files in excess of your allotted storage space. If you fail
to do so within 7 days following the receipt of a request to
that effect, THE PROVIDER may, at its sole discretion,
delete those files in excess of the allotted storage space
in order to respect the storage capacity limit. THE PROVIDER
will not be responsible for any lost content.
- Discontinued Service in Case of
Abuse. THE PROVIDER reserves
the right, at its sole discretion, to suspend or terminate
the Service to all users who are abusing the system or the
Service, subject to the terms and conditions set forth in
Section 6. THE PROVIDER may from time to time define what is
abuse of the system or of the Service.
- Discontinued Service in Case of
Spamming. Notwithstanding any
provision to the contrary, THE PROVIDER may immediately
terminate in accordance with the terms and conditions set
forth in Section 6, any subscription of anyone who is
transmitting or otherwise connected with any spam or other
unsolicited bulk e-mail. In addition, because damages are
often difficult to quantify if actual damages cannot be
reasonably calculated then you agree to pay THE PROVIDER
liquidated damages of $12.00US for each piece of spam or
unsolicited bulk e-mail transmitted from or otherwise
connected with your account. Otherwise you agree to pay THE
PROVIDER actual damages, to the extent that such damages can
be reasonably calculated.
- Domain Name.
Generic TLD's or Generic Top-Level Domains (those ending in
.com, .net, .info, .org) shall be given to you free of
charge as part of the Annual Service Subscription. Such
Domain Name shall remain under the ownership of THE PROVIDER
for such time that you continue to subscribe to the Service.
Ownership of the Domain Name by THE PROVIDER shall cease to
exist should the Subscriber decide to discontinue the
Service. Thereafter, all liabilities incurred for Domain
Name registration and/or renewal shall no longer be to THE
PROVIDER’s account. In case of domain ownership transfer
from M.H. Communication Services to client, client is to be
charged US 24.95 as domain ownership transfer fee.
5. Plan Changes
You may request a change in your subscribed plan by submitting a
request to our Customer Services Team via fax through
+63.2.631.7260 and /or by sending an e-mail using our secure
on-line form to Manila Hosting.
Please note that all plan changes requests will take effect on the
first day of the following month closest to your request date. All
modifications will be billed at the monthly rate of the plan you
chose.
6. Cancellation,
Suspension and Refund
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Cancellation by you.
You acknowledge and agree that this Agreement may be cancelled
by you only upon prior notice to THE PROVIDER. Such prior notice
shall be given a minimum of 30 working days before the start of
the next billing date in any of the following manners: by
telephone call to THE PROVIDER’s Customer Service Department at
+63.2.631.7260 to 1.866.WOW.PHIL; where notice of
cancellation has been given by telephone call, THE PROVIDER may
require for verification purposes and that you send your written
confirmation of your intent to cancel to;
M.H. Communication Services
(dba) ManilaHosting.net
Amberland Plaza, Suite 306 - Ortigas Center,
Dona Julia Vargas Avenue, Pasig City
Metro-Manila, Philippines 1605
Or by facsimile message addressed to THE PROVIDER at
+63.2.631.7260 or by mail addressed to THE PROVIDER
as stated above. Upon receipt, notice of cancellation
shall be effective as of the last day of the current
billing period. Whether the cancellation is effected at
the beginning, the middle or the end of a billing
period, you will be billed for the whole month.
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Cancellation or Suspension by THE
PROVIDER. You acknowledge and
agree that THE PROVIDER may, at any time, and for any
reason, including but not limited to your breach of any term
or condition of this Agreement, either suspend or restrict
the Service or terminate this Agreement and the Service by
giving you 48 hours notice by either telephone, facsimile or
electronic mail.
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Upon termination,
THE PROVIDER will not forward any mail or other files to
another account and all of your files including but not
limited to emails and homepages will be erased. The
termination of your subscription does not relieve you from
any amounts owing to THE PROVIDER before such termination
becomes effective plus any costs including but not limited
to costs incurred for the collection of any outstanding
amounts.
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Upon suspension,
THE PROVIDER will continue to gather and retain any mail or
other files on our servers until end of suspension and all
your files including but not limited to e-mails and
homepages will not be erased but access will be denied. The
suspension of your account does not relieve you from any
amounts owing to THE PROVIDER before such suspension becomes
effective plus any costs including but not limited to costs
incurred for the collection of any outstanding amounts.
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Pre-termination Fee.
The minimum term of the Service shall be 12
months. Should the subscriber request for termination before
the end of the minimum term, a pre-termination fee
equivalent to the remaining months of the 12-month period
plus domain registration charges shall apply. Domains
registered by ManilaHosting.net will be charged at US$24.95.
Accounts availed under Promo are also subject to the
above-mentioned termination fee, any discounts given by
ManilaHosting.net for the promo will be forfeited if the
client decides to terminate the subscription before the
promo lockout period has expired.
7. Privacy on the Net.
Messages sent over the Internet may not be completely private.
Although there are ways to mask your identity when communicating on
the Internet, your anonymity is not guaranteed. The use of the
Service is at your own risk.
8. No Liability for
Content
The Internet is a largely unregulated medium and therefore some
content, products or services offered on the Internet or through the
Service (collectively referred to as the Content) may be offensive
to you or may not comply with applicable laws. You agree to be
solely responsible for access to or use of all Content and the
Internet. You acknowledge that THE PROVIDER has not endorsed the
Content and that it is not deemed to have examined, viewed or
approved the said Content. THE PROVIDER is not responsible for any
claim related to the access to the said Content or to its use. If
you become aware of unlawful products, services or conduct on the
Internet, please notify THE PROVIDER by email using our secure
on-line form, Manila Hosting.
If other users have access to any material stored in your files or
programs located on THE PROVIDER’s servers, then THE PROVIDER
reserves the right to review that material. If the material in
question is unlawful, THE PROVIDER reserves the right to edit or
remove that material. You will be given an opportunity to respond,
within a reasonable period of time, to the allegation that the
material in question is unlawful before THE PROVIDER takes action.
9. No Liability for
Dealings with Third Parties
You acknowledge and agree that your correspondence or business
dealings with any third parties, including any merchants or
advertisers, found on or through the Service, including payment for
and delivery of related goods and services, and all other terms,
conditions, representations and warranties related to such dealings,
are solely as between you and such third parties. THE PROVIDER
assumes no responsibility whatsoever for any charges you or any user
of your account incurs when making purchases or other transactions
in this manner. Furthermore, the responsibility for ensuring
compliance with all applicable laws in connection with any such
transactions shall be the users alone. You agree that THE PROVIDER
shall not be responsible or liable directly or indirectly, in any
way for any loss or damage of any kind incurred as a result of, or
in connection with, any of such dealings or transactions.
10. No Liability for Links
to Third Party Sites
The Service may contain links to third party Web sites (Linked
Sites). The Linked Sites are not under the control of THE PROVIDER
and THE PROVIDER is not responsible for the contents of any Linked
Site, including without limitation any link contained in a Linked
Site, or any changes or updates to a Linked Site. THE PROVIDER is
not responsible for web casting or any other form of transmission
received from any Linked Site nor is THE PROVIDER responsible if the
Linked Site is not working appropriately. THE PROVIDER is providing
these links to you only as convenience and the inclusion of any link
does not imply endorsement by THE PROVIDER of the site or any
association with its operators. You are responsible for viewing and
abiding by the privacy statements and terms of use posted at the
Linked Sites.
11. Software and
Documentation
In cases where THE PROVIDER will be supplying you with compact
disks-read-only memory (the CD-ROMS) or other machine-readable or
accessible through the Internet medium (the Medium) containing
internet access or other software (collectively referred to as the
Software) you hereby acknowledge and agree that:
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If the Software has not been developed by THE
PROVIDER, the Software will not be installed, maintained,
supported or guaranteed by THE PROVIDER. The use of the
Software shall be subject to you and you shall comply with
such terms and conditions as are set out in the license
agreements, which may be included with the Software or as
defined by the various publishers thereof. The
responsibility of THE PROVIDER in the event that the
Software, the CD-ROMS or the Medium prove to be defective,
shall be strictly limited to the replacement of the relevant
CD-ROMS or Medium. The appropriate measures shall be taken
to protect the Software, including the relevant CD-ROMS or
Medium from loss or damage, and the responsibility of THE
PROVIDER, in the event that some software are not fully
supported by commercial versions, is limited to the
replacement, at its sole discretion, of the said Software by
any other Software offering similar characteristics and
functions.
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if the Software has been developed by THE
PROVIDER, THE PROVIDER will undertake to provide the
required support, subject to the provisions set forth in
Section 12. Furthermore, you agree that the Software will
not be installed or guaranteed by THE PROVIDER. The use of
the Software shall be subject to and you shall comply with
such terms and conditions as are set out in the license
agreements, which may be included with the Software or as
defined by the various publishers thereof. The
responsibility of THE PROVIDER, in the event that the
Software or the CD-ROMS or the Medium prove to be defective,
shall be strictly limited to the replacement of the relevant
CD-ROMS or Medium; and, the appropriate measures shall be
taken to protect the Software including the relevant CD-ROMS
or Medium, from loss or damage.
THE PROVIDER grants you a
non-transferable and non-exclusive license to the Software provided
that you do not (and do not allow a third party) to copy, modify,
create a derivative work of, reverse engineer, reverse assemble or
otherwise attempt to discover any source code, sell, assign,
sublicense, grant a security interest in or otherwise transfer any
right in the Software. You agree not to modify the Software in any
manner or form, or to use modified versions of the Software,
including (without limitation) for the purpose of obtaining
unauthorized access to the Service. In the event of a conflict
between the terms and conditions that accompany the Software and the
terms and conditions set forth in this Agreement, the latter will
prevail.
12. Proper Equipment
Occasionally, the computer equipment required to access and use the
Service may change. You understand and acknowledge that it is your
sole responsibility to ensure that your computer system meets the
current minimum requirements as stated by THE PROVIDER as being
necessary to use the Service. Accordingly, should your computer
equipment no longer be adequate to access the Service, you must
upgrade your equipment at your own cost and expense. You expressly
acknowledge and agree that in the eventuality that you decide not to
upgrade and /or improve your computer equipment, your sole recourse
will be the cancellation of this Agreement as and from the date of
your notice as herein provided in Section 6 above.
13. Trademarks and Other
Intellectual Property
THE PROVIDER and the Service are trademarks of M.H. Communication
Services, All other products, brand and company names, logos and
other intellectual property rights used throughout the Service are
their trademarks, registered trademarks or other intellectual
property rights of their respective owners. You also acknowledge and
agree that any content found on THE PROVIDER’s Website, except the
content provided by a Subscriber to the Service or which THE
PROVIDER uses according to the provisions set forth in Section 1 of
this Agreement, is the sole property of THE PROVIDER or its
suppliers and that you may not reproduce, copy, distribute or use in
any way, except for your personal use, without the prior consent of
THE PROVIDER.
14. Limited Warranty and
Indemnification
THE PROVIDER’s Service and Software is provided “as is” without any
warranty of any kind. Neither THE PROVIDER nor any of its
information providers, licensors, employees or agents warrant that
the Service will meet your requirements, that it will operate in
combination with the software and/or services that you select to use
on the Internet, that the operation of the Service will be
uninterrupted and error free, that any errors will be corrected,
that the Service will meet any particular criteria of quality or
performance (as regards to, without limiting the generality of the
aforementioned, the reasonable delays of delivery or receipt of
data) that the privacy of any data, information, content or other
materials transmitted by to or through its computer and/or
communication systems will be preserved, that any data or files sent
by or to you will be transmitted in uncorrupted form nor that any
Content or other materials accessible through the Service is free of
viruses or other harmful elements or components. Therefore you
assume full responsibility and risk of loss from your downloading
and/or use of the files or other material obtained wither directly
or indirectly from THE PROVIDER. You agree that in no event shall
THE PROVIDER be liable for any damages including, without
limitation, direct, indirect, incidental, special or consequential
damages (including legal fees) resulting from:
- the loss of profits or revenue incurred
by you or any third party even if THE PROVIDER has been
advised of the possibility of such damages;
- the reliance on the Service;
- the mistakes, omission, interruptions,
deletion of files, errors, defects, delays in preparations,
or transmission or failure of performance; and,
- the allegations, claims, suits, or other
proceedings based upon a contention that the use of the
Software or the Service by you or a third party through your
account infringes the intellectual property rights or
contractual rights or any other rights of any third party.
- You agree to indemnify, defend and hold
harmless THE PROVIDER, its agents, affiliates, successors,
assigns, its directors, officers and employees for any
damages, judgments, expenses and other liabilities resulting
from any final determination that the data, information
and/or content stored, received or transmitted, now or in
the future, to, through or from, as the case may be, your
account infringes trademark, trade secret, copyright, patent
or third party intellectual property rights and from any
other damages, claims, suits or actions which may arise, now
or in the future, as a result of the use of the Service.
This indemnification shall survive the termination of this
Agreement. You agree that THE PROVIDER will not be
responsible for damages and expenses related to the
violation of this Agreement resulting from the use by you or
any user of your account or in connection with your use or
the use of the Service by another user of your account and
you agree to hold THE PROVIDER harmless in that respect.
This indemnification shall survive the termination of this
Agreement.
15. Limitation of
Liability
In the event of any breach by THE PROVIDER, its affiliates or
agents, or those for whom it is responsible in law, including a
breach of a fundamental term hereof or any negligence on their part,
you expressly acknowledge and agree that your exclusive remedy shall
be to receive from THE PROVIDER payment for actual and direct
damages up to a maximum amount equal to one month of your monthly
service fee.
16. Amendment to the
Agreement
THE PROVIDER may, at any time and from time to time, modify this
Agreement by reasonable prior notice sent to you or displayed on its
Web site. As well, you agree to check THE PROVIDER’s Website
periodically to review whether any modifications have been made.
Your continued use of the Service following notice of such
modification shall be deemed to be your acceptance of that
modification. If you do not agree to any modification of this
Agreement, you must immediately stop using the Service.
17. Miscellaneous
Each of the terms, conditions and policies in this Agreement stand
alone. Should any provision of this Agreement be found by a court of
competent jurisdiction to be invalid or unenforceable, all other
provisions of the Agreement will remain in full force and effect.
Neither party is responsible for a failure to fulfill its
obligations under this Agreement or for delay in doing so if such
failure or delay is due to circumstances beyond its control such as
but not limited to, acts of God, acts of government, war, riots,
strikes and accidents in transportation.
This Agreement shall be governed
by and construed in accordance with the laws of the Republic of the
Philippines. Furthermore, you hereby irrevocably consent to the
exclusive jurisdiction and venue of the courts of Pasig City,
Philippines. Nothing contained in this Agreement prevents THE
PROVIDER from complying with governmental or court of law requests
or requirements relating to your use of the Service or information
provided to or gathered by THE PROVIDER with respect to such use.
Neither this Agreement nor the performance of the obligations under
this Agreement may be assigned by you without the prior written
consent of THE PROVIDER. THE PROVIDER may assign its rights and
obligations under this Agreement to any affiliated entity without
your prior written consent.
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