DNS Hosting Product Agreement
Philippine Network Foundation Incorporated (PHNET)
12 May 2014
This Service Agreement (``Agreement'') sets forth the terms and conditions
of your use of the DNS Hosting Service (``service'') of
PHNET. By requesting this service from PHNET, you represent that you
have read and agreed to be bound by all terms and conditions of
this Agreement and the terms of the PHNET DNS Hosting Service Policies
and any rules or policies (``Policies'') that are or may be published
by PHNET in its website at http://dns.ph.net.
PHNET is responsible for publishing the Agreement and the Service
Policies in its website. You are solely responsible for reviewing the
Agreement and Policies regularly.
You acknowledge that PHNET
may modify this Agreement or the Policies from time to time and will
indicate on the documents the date of modification and its date of
effectivity and that within thirty (30) calendar days
upon its publication, the Service Policies become effective and are automatically
incorporated into this Agreement. You agree to be bound by the modified
Agreement and Policies. Should you wish not to be bound by the Agreement
and Policies, you may cancel the Service subject to the section(s)
of the Policies applicable to such a cancellation, In this Agreement,
"you" and "your" refer to the party requesting services from PHNET,
and "we", "us" and "our" refer to PHNET.
As part of the registration process, you are required to provide certain
information and to update this information to keep it current,
complete and accurate. This information may include
- your organization's name and postal address;
- the domain name where the service is to be used;
- the full name, postal address, e-mail address, and telephone number of the technical contact for the hosting service;
and
- the full name, postal address, e-mail address, and telephone number of the administrative contact for the service
You acknowledge that willfully providing inaccurate information or
willfully failing to update information promptly will constitute a
material breach of this Agreement and will be a basis for cancellation and/or
revocation of this service.
You acknowledge and agree that PHNET may make the registration information
that you provide publicly available, or directly available to third
party vendors, some, or all, of the registration information
you provide, for purposes of inspection
or for targeted marketing and other purposes as required or permitted by
applicable laws.
You hereby consent to any and all such disclosures and use of, and guidelines,
limits and restrictions on disclosure or use of, information provided by you
in connection with the service (including any updates
to such information), whether during or after the term of your service.
You hereby irrevocably waive any and all claims and
causes of action you may have arising from such disclosure or use of your
registration information by us.
We will take reasonable precautions to protect the information it obtains
from you from our loss, misuse, unauthorized access or disclosure or use,
or alteration or destruction, of that information. PHNET shall have
no liability to you or any third party to the extent such reasonable
precautions are taken.
An Acceptable Use Policy (AUP) is in effect for
this hosting service. Any violation of the AUP may result in the
immediate cancellation or suspension of any or all service without
warning.
You acknowledge that the real-time resources allocated for hosting
service are dynamically allocated based on the amount of overall
resources used by you and other users. Real-time resources include but
are not limited to bandwidth, MySQL connections, email connections,
web server CPU, and web server RAM. Real-time resources may be affected
by things such as, but not limited to, bandwidth and disk space used,
the number or size of configured email accounts, the number of web
sites configured under hosting service, or the number of or activity
on connections to MySQL databases.
In consideration for the Service provided by PHNET, you agree to pay
the applicable fees subject to the current Policies. This Agreement shall
continue for a term specified by you subject to the current Policies.
Upon expiration of the term, you have the right to renew this Agreement
subject to the current Policies at the time of renewal. You will be informed,
through your technical and/or administrative contacts when such renewal fees
are due. Should these fees go unpaid by the time specified in the renewal
notice, PHNET shall have the right to cancel or revoke the service.
Your payment of the applicable fees for the renewal of the Service
constitutes an acceptance of the Agreement and Policies existing at that
time of payment and all modifications thereto thereafter. All fees are
non-refundable.
You agree that if the service is obtained on your behalf by
anyone acting as your agent (e.g., an Internet Service Provider,
employee, etc.), you are bound as a principal by all terms and
conditions provided herein.
Any disputes regarding the right to the dns hosting service will be subject
to the applicable provisions of the Policies.
YOU AGREE THAT PHNET WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON
FOR ANY LOSS THAT MAY OCCUR DUE TO ANY LOSS OF THE DNS HOSTING SERVICE,
THE USE OF DNS HOSTING SERVICE, ACCESS DELAYS OR ACCESS
INTERRUPTIONS TO PHNET'S DNS HOSTING SERVICE SYSTEM,
THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND PHNET,
EVENTS BEYOND PHNET'S REASONABLE CONTROL, THE NON-RECOGNITION OF THE PHNET
DNS HOSTING SERVERS,
THE PROCESSING OF YOUR APPLICATION,
THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR
DNS HOSTING SERVICE, THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER,
OR THE APPLICATION OF THE DISPUTE POLICY. FURTHER, PHNET WILL NOT BE
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF PHNET HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL
PHNET's MAXIMUM LIABILITY EXCEED THE AMOUNT OF THE SERVICE FEE CHARGED BY
PHNET OR FIVE HUNDRED PESOS (PhP 500.00).
You agree to defend, indemnify and hold harmless PHNET, its affiliates
and business partners and their respective subsidiaries and affiliates,
and the directors, officers, employees and agents of each of them, from and
against any and all claims, actions, losses, damages, expenses and costs,
including reasonable attorneys' fees and expenses, arising out of or
relating to your use of the DNS Hosting Service, any breach by you of
this Agreement, or any third party claim, action, or demand related
to the DNS Hosting Service or the use thereof.
You represent that, to the best of your knowledge and belief,
neither the DNS Hosting Service nor the manner in which it
is directly or indirectly used infringes the legal rights of a third party.
You represent and warrant that all information provided by you in
connection with the DNS Hosting Service is complete and accurate and that you
have full capacity and authority to enter into this Agreement.
PHNET makes no representations nor warranties of any kind in connection
with this Agreement.
You must remedy any breach of your obligations under this Agreement
within 30 days after notice by PHNET. If you fail to cure the breach
within such period within the reasonable satisfaction of PHNET, PHNET
shall have the right in its sole discretion to delete, revoke, suspend
or otherwise terminate the DNS Hosting Service. The failure
of PHNET to act in response to any or all such breaches
does not excuse you from any or all such breaches.
PHNET, in its sole discretion, reserves the right to refuse
to provide the DNS Hosting Service and
to provide any other service requested.
Further, PHNET reserves the right to terminate DNS Hosting Service within
its period, thirty (30) days after receipt of payment for such services,
or the date of the start of the service, if later.
In the event that we do not provide you the DNS Hosting Service or provide
other requested services, or we terminate the service within such thirty
(30) day period, we agree to refund your applicable fees paid. You agree that
PHNET shall not be liable to you for any loss or damages that may result
from our refusal to provide any such services, or the termination of such
services.
You agree that the terms in this Agreement are severable. Should any term or
provision be declared invalid, the remaining terms or provisions shall
continue to be binding.
This Agreement, including without limitation the fee schedule and the
Policies, together with all amendments or modifications to any of them,
constitutes the complete and exclusive agreement between you and PHNET,
and supersedes and governs all prior proposals or agreements,
whether by custom, practice, or precedent, or any other communications.
DNS Hosting Product Agreement
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The translation was initiated by Horacio T. Cadiz on 2014-05-12
Horacio T. Cadiz
2014-05-12