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Terms
Of Service (TOS)
IMPORTANT NOTICE:
*All Payments To
PHILMETRO.COM Are Non-Refundable*
PHILMETRO.COM, ("The Company") agrees to furnish services
to the Subscriber, subject to the following TOS (Terms
of Service).
Use of PHILMETRO.COM Service constitutes acceptance
and agreement to PHILMETRO.COM's AUP (Acceptable Use
Policy) as well as PHILMETRO.COM's TOS.
All provisions of this contract are subject to the TOS
of PHILMETRO.COM and AUP. The AUP may be changed from
time to time at the discretion of the Company. Subscriber
understands that change to the AUP by the Company shall
not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in
accordance with the laws of the Republic of the Philippines.
Disclosure to Law Enforcement
The AUP specifically prohibits the use of
our service for illegal activities. Therefore, Subscriber
agrees that the Company may disclose any and all subscriber
information including assigned IP numbers, account history,
account use, etc. to any law enforcement agent who makes
a written request without further consent or notification
to the Subscriber. In addition PHILMETRO.COM shall have
the right to terminate all service set forth in this
Agreement.
Service Rates
Subscriber acknowledges that the nature of
the service furnished and the initial rates and charges
have been communicated to Subscriber. Subscriber is
aware that the Company may prospectively change the
specified rates and charges from time to time. The promotional
offer is contingent upon Company achieving and maintaining
its cost of service goals including but not limited
to rates charged to company by its suppliers.
Payment
Establishment of this service is dependent
upon receipt by the Company of payment of stated charges.
Subsequent payments are due on the 10th day of the month
for that month's service. All accounts and services
provided by PHILMETRO.COM are subject to the 10% Value
Added Tax. The above applies to all accounts and services
provided by PHILMETRO.COM.
Payments and Fees
Accounts that reach 5 days past due will
be suspended. Accounts that reached 10 days past due
will be terminated. Reactivation of a terminated account
requires no fee provided the past due of the account
will be settled first. If you desire to cancel your
account, please follow the proper procedure to do this
as outlined in this TOS.
Refund and Disputes
All payments to PHILMETRO.COM are non-refundable.
This includes the any one time setup fee and subsequent
charges regardless of usage. All overcharges or billing
disputes must be reported within 60 days of the time
the dispute occurred. If you dispute a charge to your
credit card issuer that, in PHILMETRO.COM's sole discretion
is a valid charge under the provisions of the TOS and/or
AUP, you agree to pay PHILMETRO.COM an "Administrative
Fee" of not less than $50 and not more than $150.
Failure to Pay
The Company may temporarily deny service
or terminate this Agreement upon the failure of Subscriber
to pay charges when due. Such termination or denial
will not relieve Subscriber of responsibility for the
payment of all accrued charges, plus reasonable interest
and any collection fees.
Account Cancellation
All requests for canceling accounts must
be made in writing with at least 30 days notice but
not more than 60 days prior written notice and sent
to PHILMETRO.COM admin@philmetro.com
or you may call the number published in the website.
You must have all account information to cancel.
Subscriber acknowledges that the service provided is
of such a nature that service can be interrupted for
many reasons other than the negligence of the company
and that damages resulting from any interruption of
service are difficult to ascertain. Therefore, subscriber
agrees that the company shall not be liable for any
damages arising from such causes beyond the direct and
exclusive control of the company. Subscriber further
acknowledges that the company's liability for its own
negligence may not in any event exceed an amount equivalent
to charges payable by subscriber for services during
the period damages occurred. In no event shall the company
be liable for any special or consequential damages,
loss or injury.
New Domain Accounts
All new web hosting accounts involving new
domains will be set up and entered into our DNS servers
within 3 to 5 business days. Due to unforeseen complications,
however, this process may sometimes require up to 7
business days. If the new domain is registered by the
account holder, there will be no handling fee. If the
domain is registered by PHILMETRO.COM on behalf of the
account holder a handling fee will be incurred.
Transfer of Domains
New web hosting accounts which involve the
transfer of a domain from another provider to PHILMETRO.COM
will require a minimum of seven (3) days to be set up
and entered into our DNS servers. In some cases, such
transfers may take up to seven (7) days. Due to the
unpredictable nature of the transfer process, no guarantees
are made regarding the amount of time a specific transfer
may take. If the transfer of the domain is done by PHILMETRO.COM
on behalf of the account holder a handling fee will
be incurred. If the customer cancels service during
the transfer period for any reason, all charges are
considered earned.
Support Boundaries
PHILMETRO.COM, provides office hours (8:30
to 5:30 M-F) technical support to our subscribers (except
for few holidays and short company meetings when we
close our center.) We limit our technical support to
our area of expertise. The following is our guidelines
when providing support: PHILMETRO.COM provides support
related to your virtual site physical functioning. PHILMETRO.COM
does not offer tech support for application specific
issues such as CGI programming, HTML, PHP, Python or
any other such issue. PHILMETRO.COM does not provide
technical support for YOUR customers. If you can email,
we encourage you to email support@philmetro.com
for assistance. If you are able to get online and have
other questions, the answers may be on our home page
at the SUPPORT section - we encourage you to check there
first. Lastly, the Help files in the program you are
using may have the answer to your question so please
do investigate these resources before calling tech support.
SPAM and Unsolicited Commercial Email (UCE)
PHILMETRO.COM takes a zero tolerance approach
to the sending of Unsolicited Commercial Email (UCE)
or SPAM over our network. Very simply this means that
customers of PHILMETRO.COM may not use or permit others
to use our network to transact in UCE. Customers of
PHILMETRO.COM may not host, or permit hosting of, sites
or information that is advertised by UCE from other
networks. Violations of this policy carry severe penalties,
including termination of service.
- Violation of PHILMETRO.COM's
SPAM policy will result in severe penalties. Upon
notification of an alleged violation of our SPAM policy,
PHILMETRO.COM will initiate an immediate investigation
(within 48 hours of notification). During the investigation,
PHILMETRO.COM may restrict customer access to the
network to prevent further violations. If a customer
is found to be in violation of our SPAM policy, PHILMETRO.COM
may, at its sole discretion, restrict, suspend or
terminate customer's account. Further, PHILMETRO.COM
reserves the right to pursue civil remedies for any
costs associated with the investigation of a substantiated
policy violation. PHILMETRO.COM will notify law enforcement
officials if the violation is believed to be a criminal
offense.
- First violations
of this policy will result in an "Administrative Fee"
of $250 and your account will be reviewed for possible
immediate termination. A second violation will result
in an "Administrative Fee" of $500 and immediate termination
of your account. Users who violate this policy agree
that in addition to these "Administrative" penalties,
they will pay "Research Fees" not to exceed $175 per
hour that PHILMETRO.COM personnel must spend to investigate
the matter. PLEASE, DO NOT SPAM from your account.
- As our Customers
are ultimately responsible for the actions of their
clients over the PHILMETRO.COM network, it is advisable
that Customers develop a similar, or stricter, policy
for their clients.
Network
IP Address Ownership
If PHILMETRO.COM assigns Customer an Internet
Protocol address for Customer's use, the right to use
that Internet Protocol address shall belong only to PHILMETRO.COM,
and Customer shall have no right to use that Internet
Protocol address except as permitted by PHILMETRO.COM
in its sole discretion in connection with the Services,
during the term of this Agreement. PHILMETRO.COM shall
maintain and control ownership of all Internet Protocol
numbers and addresses that may be assigned to Customer
by PHILMETRO.COM, and PHILMETRO.COM reserves the right
to change or remove any and all such Internet Protocol
numbers and addresses, in its sole and absolute discretion.
Our allocation of IP addresses is limited by ARIN's new
policies. These new policies state that use of IP addresses
for IP based virtual hosts will not be accepted as justification
for new IP addresses. What this means to you is that you
MUST use name-based hosting where possible.
We will periodically review IP address usage, and if we
find that clients are using IP addresses where name-based
hosting could be used, we will revoke authorization to
use those IP addresses that could be used with name-based
hosting.
Bandwidth and Disk Usage
Customer agrees that bandwidth and disk usage
shall not exceed the number of megabytes per month for
the Services ordered by Customer on the Order Form (the
"Agreed Usage"). PHILMETRO.COM will monitor Customer's
bandwidth and disk usage. PHILMETRO.COM shall have the
right to take corrective action if Customer's bandwidth
or disk usage exceeds the Agreed Usage. 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 PHILMETRO.COM's sole and absolute discretion.
If PHILMETRO.COM takes any corrective action under this
section, Customer shall not be entitled to a refund of
any fees paid in advance prior to such action.
In the event that a customer exceeds the included allocation,
PHILMETRO.COM may, at its sole discretion, collect a deposit,
in an amount determined by PHILMETRO.COM, against customer's
credit card on file with PHILMETRO.COM.
System and Network Security
Users are prohibited from violating or attempting
to violate the security of the PHILMETRO.COM Network.
Violations of system or network security may result in
civil or criminal liability. PHILMETRO.COM will investigate
occurrences, which may involve such violations and may
involve, and cooperate with, law enforcement authorities
in prosecuting Users who are involved in such violations.
These violations include, without limitation:
- Accessing data not
intended for such User or logging into a server or
account, which such User is not authorized to access.
- Attempting to probe,
scan or test the vulnerability of a system or network
or to breach security or authentication measures without
proper authorization.
- Attempting to interfere
with service to any user, host or network, including,
without limitation, via means of overloading, "flooding",
"mail bombing" or "crashing".
- Forging any TCP/IP
packet header or any part of the header information
in any e-mail or newsgroup posting.
- Taking any action
in order to obtain services to which such User is
not entitled.
Notification
of Violation
- PHILMETRO.COM is
under no duty to look at each customer's or user's
activities to determine if a violation of the AUP
has occurred, nor do we assume any responsibility
through our AUP to monitor or police Internet-related
activities.
- First violation:
Any User, which PHILMETRO.COM determines to have violated
any element of this AUP, shall receive an email, warning
them of the violation. The service may be subject
at PHILMETRO.COM's discretion to a temporary suspension
pending a User's agreement in writing, to refrain
from any further violations.
- Second Violation:
Users that PHILMETRO.COM determines to have committed
a second violation of any element of this Acceptable
Use Policy shall be subject to immediate suspension
or termination of service without further notice.
- We reserve the right,
to drop the section of IP space involved in Spam or
Denial-of-Service complaints if it is clear that the
offending activity is causing great harm to parties
on the Internet. In particular, if open relays are
on your network or a customer's network, or if denial
of service attacks are originating from your network.
In certain rare cases, we may have to do this before
attempting to contact you. If we do this, we will
contact you as soon as is feasible.
Suspension of
Service or Cancellation
PHILMETRO.COM reserves the right to suspend
network access to any customer if in the judgment of the
PHILMETRO.COM network administrators the customer's server
is the source or target of the violation of any of the
other terms of the AUP or for any other reason which PHILMETRO.COM
chooses. If inappropriate activity is detected, all accounts
of the Customer in question will be deactivated until
an investigation is complete. Prior notification to the
Customer is not assured. In extreme cases, law enforcement
will be contacted regarding the activity. The customer
will not be credited for the time the customer's machines
were suspended.
PHILMETRO.COM reserves the right to amend its policies
at any time. All Sub-Networks, resellers and managed servers
of PHILMETRO.COM must adhere to the above policies. Failure
to follow any term or condition will be grounds for immediate
Cancellation. You will be held responsible for the actions
of your clients in the matter described on these Terms
and conditions. Therefore, it is in your best interest
to implement a similar or stricter Terms and conditions
or otherwise called Acceptable Terms of use policy.
Indemnification
PHILMETRO.COM wishes to emphasize that in agreeing
to the PHILMETRO.COM AUP and TOS, customer indemnifies
PHILMETRO.COM for any violation of the AUP and TOS that
results in loss to PHILMETRO.COM or the bringing of any
claim against PHILMETRO.COM by any third-party. This means
that if PHILMETRO.COM is sued because of a customer's
or a customer of a customer's activity, the customer will
pay any damages awarded against PHILMETRO.COM, plus all
costs and attorney's fees.
Miscellaneous Provisions
You must provide us with, and keep current,
good contact information for you. E-mail, fax, and telephone
contacts are used, in that order of preference.
- A waiver by the Company
of any breach of any provision of this Agreement by
Subscriber shall not operate as or be construed as
a continuing or subsequent waiver thereof or as a
waiver of any breach of any other provision thereof.
- Subscriber shall
not transfer or assign this Agreement without the
prior written consent of the Company. Company may
assign Agreement at anytime without consent from or
notice to Subscriber. Company reserves right to cancel
customers rights under this contract at anytime without
further obligation.
- PHILMETRO.COM takes
no responsibility for any material input by others
and not posted to the PHILMETRO.COM Network by PHILMETRO.COM.
PHILMETRO.COM is not responsible for the content of
any other websites linked to the PHILMETRO.COM Network;
links are provided as Internet navigation tools only.
PHILMETRO.COM disclaims any responsibility for any
such inappropriate use and any liability to any person
or party for any other person or party's violation
of this policy.
- PHILMETRO.COM is
not responsible for any damages your business may
suffer. PHILMETRO.COM does not make implied or written
warranties for any of our services. PHILMETRO.COM
denies any warranty or merchantability for a specific
purpose. This includes loss of data resulting from
delays, non-deliveries, wrong delivery, and any and
all service interruptions caused by PHILMETRO.COM.
- It is absolutely
forbidden to host pornographic content or IRC servers
on Virtual Server Accounts. Virtual Server Accounts
found hosting this material will be subject to immediate
cancellation without refund.
Responsibility
for Content
You, as PHILMETRO.COM's customer, are solely responsible
for the content stored on and served by your PHILMETRO.COM
Virtual Server Account.
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