\documentclass{article}
\pagenumbering{arabic}
\title{Web(HTTP) Hosting Product Agreement}
\author{Philippine Network Foundation Incorporated (PHNET)}
\date{12 May 2014}
\begin{document}
\maketitle
\section{Introduction}
This Service Agreement (``Agreement'') sets forth the terms and conditions 
of your use of the Web or HTTP 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 Web Hosting Service Policies 
and any rules or policies (``Policies'') that are or may be published 
by PHNET in its website at http://www.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.

\section{Registrant Information}

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 
\begin{enumerate}
\item your organization's name and postal address;
\item the host name of the web (http) server to be hosted;
\item the full name, postal address, e-mail address, and telephone number of the technical contact for the service; 
and 
\item the full name, postal address, e-mail address, and telephone number of the administrative contact for the service 
\end{enumerate}


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.

\section{Acceptable Use Policy}
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. 

\section{Resource Allocation}
 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.
 

\section{Terms and Fees}
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.

\section{Agents}
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.

\section{Disputes}
Any disputes regarding the use of this service will be subject
to the applicable provisions of the Policies.

\section{Limitation of Liability}
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 WEB HOSTING SERVICE,
THE USE OF WEB HOSTING SERVICE, ACCESS DELAYS OR ACCESS 
INTERRUPTIONS TO PHNET'S WEB 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 
WEB HOSTING SERVERS, 
THE PROCESSING OF YOUR APPLICATION,
THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR 
Web 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). 

\section{Indemnity}

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 Web Hosting Service,  any breach by you of 
this Agreement,  or  any third party claim, action, or demand related 
to the Web Hosting Service or the use thereof. 

\section{Representation and Warranties}
You represent that, to the best of your knowledge and belief, 
neither the Web 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 Web 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. 

\section{Breach}

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 Web 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.
  
\section{Right of Refusal}

PHNET, in its sole discretion, reserves the right to refuse 
to provide the Web Hosting Service and 
to provide any other service requested. 
Further, PHNET reserves the right to terminate Web 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 Web 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.

\section{Severability}
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.

\section{General}

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. 

\end{document}


