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This Service Agreement ("Agreement") sets
forth the terms and conditions of your subscription
and use of WWW.PH, INC. (WWW) Virtual
Web / Email / Database Hosting Services.
By subscribing to WWW's Virtual Web / Email / Database
Hosting Services, you acknowledge that you have completely
read, understood and agree to be bound by all the terms
and conditions of this Agreement including any rules
or policies that WWW is currently implementing or will
be implementing in the future.
WWW may accept or reject your subscription at its sole
discretion. Your subscription shall only be deemed accepted
or renewed upon actual or continued activation of your
Virtual Web / Email / Database Hosting Account with
WWW.
WWW Services
WWW Services shall refer to the provision of a shared
hard disk storage space facilities within WWW's Virtual
Web / Email / Database Host Servers that are remotely
accessible and manageable over the Internet.
WWW shall provide you with a shared hard disk storage
space facilities within WWW's Virtual Web / Email /
Database Host Servers in accordance with your subscribed
hosting plan.
WWW Services excludes the provision of all your required
facilities, equipments, hardwares and softwares to remotely
access and manage over the Internet the shared hard
disk storage space facilities being provided to you
by WWW.
Subscription Fee
Billing and payment of your hosting subscription fee
shall be on a quarterly advance payment mode which is
due and payable prior to the initial activation of your
hosting account, and for subsequent renewal shall be
due and payable on the 1st day of the month covering
your quarterly renewal subscription period.
You will be notified (via email) when your renewal subscription
fee are due. Should your hosting subscription renewal
fee go unpaid after the deadline specified in a reminder
regarding renewal, your hosting account will be suspended
or terminated at the sole discretion of WWW.
Subscription payment must be made by cash or check and
in such method as WWW may indicate in the Billing Statement.
WWW reserves the right to amend, increase, or decrease
fees, surcharges, renewal fees or to institute new fees
at any time, for any reason, at its sole discretion.
Subscription Plan Upgrading / Downgrading
You have the option to upgrade or downgrade your current
hosting subscription plan any time during the term of
this Agreement, subject to the following;
(1) upgrading or downgrading of your hosting plan shall
be FREE from any service charges or fees and shall be
implemented by WWW within Forty Eight (48) hours upon
receipt of your written request (postal mail / fax /
email) to upgrade or downgrade your current hosting
subscription plan.
(2) There shall be no adjustments in your hosting subscription
fee for the current month of your hosting subscription
plan upgrade or downgrade. Any adjustments in your hosting
subscription fee shall only be effective on the following
month immediately preceding your request for a hosting
plan upgrade or downgrade.
(3) The resulting difference in your hosting subscription
fee for the following month/s of an upgraded plan shall
become due and payable to WWW on the first day of the
month immediately preceding the month following the
upgrade.
(4) The resulting difference in hosting / storage fees
for the following month/s of a downgraded plan is non-refundable.
However, such difference in hosting / storage fee shall
be automatically apply as advance credit payment to
WWW for the succeeding month/s of subscription renewal
or until fully depleted.
Disclaimer of Warranty
WWW services is provided on an "as is, as available"
basis. WWW gives no warranty, expressed or implied,
for its services, including without limitation, warranty
of the merchantability and warranty of fitness for a
particular purpose. This disclaimer of warranty expressly
disclaims any right to reimbursement for direct or consequential
losses, including but not limited to losses of income,
due to disruption of services by WWW.
You expressly agree that use of WWW Services is at your
sole risk. WWW, its employees, affiliates, agents, third
party providers, merchants licensors or the like, indicate
that WWW Services may be interrupted and is not likely
to be error free. WWW makes no warranty as to the results
that may be obtained from the use of WWW Services or
as to the accuracy, reliability or content of any information
service or merchandise contained in this Agreement.
Under no circumstances, including negligence, shall
WWW, its officers, agents or anyone else involved in
creating, producing or distributing WWW Services be
liable for any direct, indirect, incidental, special
or consequential damages that may result from the use
of or inability to use WWW Services; or that results
from mistakes, omissions, interruptions, deletion or
loss of files or data, errors, defects, delays in operation,
or of performance, whether or not limited to acts of
God, communication failure, theft, destruction or unauthorized
access to WWW records, programs or services. You maintain
the sole responsibility for data backups and restoration,
unless WWW has provided those services and a rider is
attached to this Agreement.
Use of any information obtained by way of WWW is at
your own risk, and WWW specifically denies any responsibility
for the accuracy or quality of information obtained
through its services.
WWW disclaims liability for any damages arising from
your use of WWW Services. WWW disclaims liability for
your data, files, or directories residing on WWW servers.
Your solely responsible for maintaining data, file,
and directory structure back-ups.
Indemnification
You hereby agree that any material submitted for publication
to WWW Services through your account will not contain
anything leading to an abusive or unethical use of WWW
Services. Abusive and unethical materials and uses include,
but not limited to pornography, obscenity, nudity, violations
of privacy, computer viruses, any harassing and harmful
materials or uses, any illegal activity, or materials
advocating illegal activity, and any infringement or
piracy or libel.
You agree that you shall defend, indemnify, save and
hold WWW harmless from any and all demands, liabilities,
losses, cost and claims, including reasonable attorney's
fees ("Liabilities") asserted against WWW,
agents, its clients, servants, officers and employees,
that may arise or result from publication or use of
your materials, any service provided or performed or
agreed to be performed or any product sold by you, its
agents, employees or assigns.
You agree to defend, indemnify and hold harmless WWW
against liabilities arising out of (i) any injury to
person or property caused by any product or services
sold or otherwise distributed in connection with WWW
Services (ii) any material supplied by you infringing
on the proprietary rights of a third party; (iii) copy
right infringement and (iv) any defective product which
you sold through WWW Services.
Trademarks and Copyrights
You hereby agree that any material content / software
/ programs / scripts submitted for publication to WWW
Services through your account will not violate or infringe
any copyright, trademark, patent, statutory, common
law or proprietary right of others, or contain anything
libelous or harmful. You will hold WWW harmless and
indemnify WWW from any damages, fines, or cost including
attorney fees which may arise from any such violations
or infringement.
Internet Etiquette
Due to the public nature of the internet, all information
should be considered publicly accessible, and important
or private information should be treated carefully.
WWW is not liable for protection or privacy of electronic
mail or other information transferred through the Internet
or any other network provider or its customers may utilize.
Use of distribution list via unsolicited electronic
mail or other electronic mailings is strictly prohibited.
WWW reserves the right to suspend / deactivate / terminate
your account upon an indication of such activity. YOu
hereby agree to indemnify and hold harmless WWW from
any claim resulting from your or another party's use
of electronic mail service on your account.
Controlling Law and Venue
This Agreement, your rights and obligations and all
actions contemplated by this Agreement shall be governed
by the laws of the Republic of the Philippines, as if
this Agreement was a contract wholly entered into and
wholly performed within the Republic of the Philippines.
Any action to enforce this Agreement or any matter relating
to your use of WWW Services shall be brought exclusively
in the Courts of Quezon City, Philippines.
Notices
You agree that any notices required to be given to you
by WWW under this Agreement will be deemed to have been
given if delivered in accordance with the registrant
and / or billing contact information you have provided.
General
This Agreement together with all modifications, constitute
the complete and exclusive agreement between you and
WWW, and supersede all prior proposals, agreements,
or other communications.
Nothing contained in this Agreement shall be construed
as creating any agency, partnership, or other form of
joint enterprise between the parties.
The failure of WWW to require your performance of any
provision hereof shall not affect the full right to
require such performance at any time thereafter; nor
shall the waiver by WWW of a breach of any provision
hereof be taken or held to be a waiver of the provision
itself or of this agreement as a whole.
In the event that any provision of this Agreement shall
be unenforceable or invalid under any applicable law
or be so held by applicable court decision, such unenforceability
or invalidity shall not render this Agreement unenforceable
or invalid as a whole. WWW will amend or replace such
provision with one that is valid and enforceable and
which achieves, to the extent possible, the original
objectives and intent of WWW as reflected in the original
provision.
This Agreement may not be amended or modified by you
except by means of a written document signed by both
you and an authorized representative of WWW.
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