This Universal Terms of Service Agreement (hereinafter referred to as “Agreement”) is entered into by and between MSWEB Co. (owner of MSWEB Network brand of services, hereinafter referred to as the “Company”), a corporation duly registered and existing under and by virtue of the laws of the Republic of the Philippines and you, the Subscriber. This Agreement sets forth the general terms and conditions of your use of the Company’s website and the products and services purchased or accessed through our website (hereinafter referred to as the “Services”). Upon subscription, you agree that you have read, understood and acknowledge fully the contents of this Agreement. Therefore, you also acknowledge to agree and to be bound by the terms, conditions and policies stated herein. The Company reserves the right to revise, change and update this Agreement at any time, without prior notice. Said changes shall be effective immediately upon posting on our website. In which event, the Company may subsequently notify its subscribers of said changes, modifications and revisions through e-mail. Unless otherwise provided for in this Agreement, the terms “us,” “we” or “our” shall refer to the Company; whereas the terms “you,” “your,” “he,” “user” or “client” shall refer to the Subscriber.
MSWEB Co., through it’s corporate and/or affiliate websites will provide clients to subscribe to our web hosting services and other related web services stated in our online or offline ordering form. The clients acknowledges the fees stated and understands that that this applies to all subscribers. Promotions and other related offers is subject to our Terms and Conditions as well as existing policies.
MSWEB Co. Reserves the right to refuse or discontinue service to any client at it’s own discretion.
MSWEB Co. May modify technical specifications applicable to the services offered as long as such modifications do not result in any significant changes tot he features and functionality of the services.
The Company shall provide, and the Subscriber shall pay for the Services desired in accordance with the corresponding service fees as stated in the Company’s online order form. The Subscriber acknowledge that he has been fully informed of the Company’s rates, as well as applicable add-on charges, and agrees to the same.
In order to maintain the Company’s security and those of our existing Subscribers’, the Company reserves the right to refuse Service to anyone at our sole discretion. Moreover, to maintain that our products and services are competitive in the market and to be able to provide the optimum service that our Subscribers deserve, the Company reserves the right to upgrade, improve and/or modify our own systems, provided that no Subscriber shall be prejudiced by the same.
Subscribers may make use of our Services for any personal, academic or business use, provided that these do not include any Unacceptable Content or Unacceptable Practices, and are not contrary to law, good morals and public policy.
b. Electronic Mail (E-mail).
The Company shall provide installation, configuration and support of the Company’s e-mail accounts related to the E-mail Hosting Service subscribed to us.
c. Upgrades and/or Downgrades.
The Subscriber is required to submit a written request to the Company for any upgrades or downgrades needed. All requests will be effective on the first (1st) day of the succeeding month.
The first request for downgrades is free. Succeeding downgrades shall have an administrative fee of one hundred fifty pesos (Php 150.00), exclusive of 12% VAT which shall also be charged to the Subscriber.
d. Credit Allowance for Service Interruption.
The National Telecommunications Commission (NTC) allows a fourty-eight-hour (48-hour) period within which to resolve outages and service interruptions that may be reported without the grant of an interruption allowance. Beyond this, rebates shall be credited to the Subscriber of concern and shall be computed as follows:
Web Site Availability Credit
95% to 99.4% = 25%
90% to 94.9% = 50%
89.9% or below = 100%
However, rebates shall not be granted to the Subscriber where the interruption or outage is directly attributable to the Subscriber’s own equipment which has not been purchased or acquired from the Company and other factors which are beyond the Company’s fault or negligence.
3. Limitation of Services and Liability
a. E-mail Security
After the Company’s installation and configuration of the Subscriber’s e-mail, the latter shall be solely responsible for the security of the same. The Subscriber shall take all measures as may be necessary to protect the security and integrity of his e-mail account credentials (i.e. username and password). The Subscriber is highly discouraged from disclosing the same from any other people.
b. Internet Connection and Installation.
The Subscriber’s internet connection installation, configuration and maintenance is out-of-scope of the Company’s services. All equipment and software necessary for the same, such as, but not limited to routers, hubs, modems, telephone lines, including leased lines, computers, internal cables, fees for system interrogators and solution providers and alike, shall be for the account of the Subscriber. Any damage caused to the Subscriber as a sole result therefrom shall not be the liability of the Company.
c. Third-party Websites and Applications.
Third-party websites are not under the Company’s scope. Any links found at the Company’s website or any of its Subscribers’ websites shall not be the responsibility of the Company and any damage incurred therefrom shall not be the Company’s liability.
Installation of third-party applications, devices, hardware, etcetara, which have not been directly agreed upon or acquired from the Company is out of our scope. Any damage caused to the Subscriber as a result of the failure of the same shall not be the liability of the Company.
d. E-mails and Messages Directly Received by Subscribers.
The Company does not have control over any direct messages directed toward the Subscriber sent through any online forums, social networking sites (SNS). The Company also does not have control over SPAM messages, chain letters, malicious e-mails, fraud bank or pyramid schemes junk mail and the like, whether the Subscriber had requested for the same or not. Any damage caused to the Subscriber as a sole result of the same or from clicking on any links therein shall not be the liability of the Company.
All the services provided by the Company may be used for lawful purposes only.
a. Unacceptable Content
i. Pornography and any pornographic material;
ii. Materials relating to or inciting terrorism, racism or any form of violence;
iii. Materials relating to or inciting the usage of prohibited drugs;
iv. Pirated contents such as, but not limited to, music, movies, academic material;
v. All other materials and contents that are prohibited under Philippines laws.
b. Unacceptable Practices
iii. Illegal Activities
iv. Acts of Terrorism
Fraudulent websites or script representing as a legitimate bank or online payments that can collect and steal sensitive and personal or financial information.
ii. IRC Activity
Internet Relay Chat (IRC) is a protocol for live interactive Internet text messaging (chat) or synchronous conferencing. It is also being used for illegal activities that results to fraudulent transactions or hacking.
iii. Newsletter, Mass mailing or commercial spamming.
Subscribers may not send Usenet spams (i.e. publicizing their site in a large number of newsgroups that are irrelevant to the topic of your site) or SPAM mailing (i.e. distribution or delivery of any bulk e-mail, including unsolicited bulk or any unsolicited commercial communication, such as e-mail, fax, short message sending (SMS) and instant messaging.
iv. E-mail Fraud.
Subscribers shall not send forged e-mails, especially to aid illegal activities. Subscribers are also prohibited to employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path of your activities.
v. Hosting Illegal Contents
Pornography and any pornographic material;
Materials relating to or inciting terrorism, racism or any form of violence;
Materials relating to or inciting the usage of prohibited drugs;
Pirated contents such as, but not limited to, music, movies, academic material; All other materials and contents that are prohibited under Philippines laws.
vi. Torrent Activities
Torrent activities that is being used to distribute pirated software and copyrighted materials
c. Prohibited Scripts and/or Applications
All scripts and applications that can bring harm to both other Subscribers and the Company are prohibited. Usage of these scripts and applications shall entail the immediate termination of a Subscriber’s account. All damage that are directly imputed from such activity shall be that Subscriber’s liability.
5. Backup and Data Loss
Maintaining back-ups shall be the primary responsibility of the client or subscriber. This is to ensure recovery in the event of loss or damage to the client or subscriber’s data.
A Subscriber may request the Company’s periodic back-ups, however, the Company does not make any guarantees, whether expressed or implied, as to the integrity of the same. The Company shall, however, exert its best efforts in securing said back-ups and recovering the same in the event of loss. These shall be at no cost to the Subscriber. On the other hand, should file loss be due to some action or negligence on the part of the Subscriber.
The Subscriber understands that there may be uncontrollable instances, such as multiple system failure, wherein the reproduction of lost files will be nearly impossible even for the Company. In such an event, the Company shall not be liable for any loss resulting therefrom.
6. Fees and Payments
By subscribing to our Services, you agree and acknowledge to pay the all respective fees for the kind of service availed. Said fees are described on the Company’s sign-up form.
The Company reserves the right to change or modify its prices and fees, at any time. Such changes or modifications shall be posted online on our website, and shall be effective as soon as the same is posted, without need for notice to its subscribers. The Company shall be responsible for ensuring that prices, as displayed on our website, are true, fair and up-to-date.
The prices quoted on the Company’s website are exclusive of the twelve percent (12%) Value-Added Tax required under Philippine laws. The said tax shall only be applicable to Subscribers from the Philippines.
The Company shall send the subscriber bills via e-mail. Said bills shall contain fees for products and services availed from us. Bills may be sent at monthly or yearly intervals depending on the plan selected by the Subscriber upon sign-up. The first bill sent out to you shall contain his Regular Due Date and Billing Cycle. It shall be the responsibility of the Subsciber to take note of your oustanding balance and effect payment, without need for further demand, on or before the Regular Due Date.
Requests for information on your outstanding balance, billing cycle and the like may be directed the Company’s Billing Group at firstname.lastname@example.org or through any of its contact numbers as provided in the Communications Section for manual arrangement.
c. Mode of Payment.
Subscription fees and all other charges shall be payable on or before the Regular Due Date as stated in the billing statements issued by the Company. The following modes of payment are accepted by the Company:
- Credit Cards
Cash and/or check payments shall be made in favor of the Company’s name. Such payments may be remitted to the following banks:
In the event of the Subscriber’s late payment of any amount due, the Company shall have the right to charge on top of the outstanding amount the additional penalty rate of three percent (3%) per month from the due date until the date of full payment.
The Company reserves the right to suspend, redirect and temporarily or permanently discontinue the service of any Subscriber for failure to pay any amount due to the former on the due date. It should be noted that the services provided by the Company are dependent on the payments rendered by the Subscriber. Such suspension, redirection and/or disconnection will be emailed to the client, shall be without prejudice to any action available to the Company under any other provisions of this Agreement or in the duly-constituted laws of the Republic of the Philippines in order to recover all sums due and damages suffered by the Company by reason of such non-payment.
e. Account Delinquency.
If the account remains overdue for 3 days for VPS and Dedicated, and 15 days for shared plans, the account is considered delinquent. In case of account delinquency for failure to provide the fees due to the Company, the Company reserves the right to suspend, deactivate or terminate a server or bring a website offline. Once an account is marked as delinquent and its servers and/or websites have suspended, deactivated or terminated the Subscriber shall have to settle a reactivation charge amounting to five hundred Philippine pesos (Php 500.00) for shared plans and two thousand five hundred pesos (Php 2,500.00) for VPS and Dedicated in order to restore the servers and websites under his account. Seven (7) calendar days after the server or website has been suspended, deactivated or terminated the Company reserves the right to re-allocate the space for another Subscriber, i.e. all the data pertaining to the server or website shall be deleted. If, at this point, the Subscriber of the delinquent account wishes re-set up the re-allocated server or website, the reactivation fee will still have to be paid. However, the old data cannot be restored.
The minimum sign-up period for all shared packages (i.e. Silver, Gold and Platinum) is one (1) year from the date of activation. This is subject to automatic renewal of another minimum period of one (1) year for every year thereafter, unless the account has been cancelled via the Account Manager by the Subscriber or by the Company.
Pointing your domain to a different provider or moving out to a different does not warrant cancellation process. We will still pursue what is due to the agreement.
8. Renewals and Termination
A Subscriber’s request for termination shall be submitted to the Company at least thirty (30) days before the expiration date of each term. Request received from the first (1st) day to the twenty-fifth (25th) day of the month shall be terminated at the end of the same month. On the other hand, requests received from the twenty-sixth (26th) day until the last day of the month shall effectively be terminated at the end of the succeeding month.
In the event of service termination, the Subscriber shall be liable for all fees attributable to the account to be terminated up to the date of termination, without prejudice to any other remedies available to the Company in case of non-payment. Said amounts payable by the Subscriber shall be paid within thirty (30) days from the respective date of termination.
In case of pre-termination, an administrative fee equivalent to the monthly fee for the remaining months of the minimum term (i.e. one (1) year or twelve (12) months) shall be added on top of the charges for the last billing period, unless the reason for pre-termination is directly attributed to the Company, as follows:
i. Closure of the Company with written notice;
ii. Rehabiliation of the Company; and
iii. Merger of Company;
The Company shall charge a reconnection fee of six hundred Philippine pesos (Php 600.00) for shared plans and two thousand five hundred (Php 2,500.00) for VPS and Dedicated, for the reconnection of a disconnected account. Further, all outstanding amounts due from the customer shall be demanded and paid for prior to reconnection. The Company shall effect reconnection one (1) to two (2) working days upon settlement of the said amounts.
You agree and acknowledge that you are accessing our website and employing our Services at your own risk. Further, you agree and acknowledge that the services found at our website are provided “as is”. The Company, its officers,directors, employees and agents shall not be responsible and/or liable for any losses that your businesses may suffer. The Company, its officers,directors, employees and agents makes no warranties of any sort, whether implied or express, for any of the services we provide, nor do we claim any merchantability or fitness for any specific kind of purpose ofour products and services.
The Company reserves the right to terminate its Services to a Subscriber by reason of the latter’s violation of any of the terms and conditions stated in this Agreement. Moreover, any said violation under this Agreement shall waive the refund policy as stated above.
12. Law and Venue Applicable
This Agreement shall be governed and construed in accordance with the laws of the Republic of the Philippines. In the event ofa litigation arising or in connection herewith, the venue for the same shall be held exclusively in the competent courts of the City of Makati, Philippines. In case of a breach of contract on the part of the Subscriber, twenty percent (20%) of the amount due and collectibles shall be computed as liquidated damages. In addition, attorney’s fees and the cost of suit shall be imposed upon the party at fault.
In the event that any of the provision of this Agreement is found to be unenforceable, invalid orcontrary to any applicable law or regulation, all remaining provisions of this Agreement shall, notwithstanding, continue to be valid and effective. If a court finds that limiting an unenforceable or invalid provision, the same would become valid and enforceable, then such provision shall be deemed construed so limited.
By employing our Services, the Subscriber agrees to receive pertinent communication, through the e-mail address and/or mailing address provided. Through the provided contact details, we will inform you of any important information with regards to your subscription with us, such as but not limited to, change in this Agreement, server downtimes, technical difficulties, billing, fees, and others.
All notices provided for herein, other than routine email communications concerning the services to be provided, shall be in writing and shall be effective upon receipt of the Subscriber. An e-mail notice only shall be deemed received after twenty-four (24) hours of sending it out, unless we receive a failure notification to the same.
b. Subscriber’s Contact Information.
The Subscriber is responsible in keep his contact information correct and up-to-date. The accuracy of the said contact details shall be the Subscriber’s responsibility. You reserve the right to modify or change your contact information on the website at any time. This is to enable us to provide you with the best service possible. The Company assumes no liability or responsibility for the Subscriber’s failure to receive any important communication if such failure is solely brought about by the inaccuracy of the provided contact information.
Moreover, the Subscriber is highly encouraged to also provide a secondary e-mail address hosted by a third-party e-mail provider (i.e. Yahoo, Gmail, Hotmail, etc.). This is to ensure the continuous flow of response, especially case you have requested support assistance through a ticket.
c. The Company’s Contact Information.
If you have questions concerns about this Agreement, please do not hesitate to contact us by email or regular mail at the following address:
L17 6750 Ayala Avenue,
Brgy San Lorenzo.,
Email 24/7 at email@example.com
(available from 8:00 a.m. to 4:00 p.m., GMT +8) at firstname.lastname@example.org
Last Update: February 15, 2019