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Hosting Terms of Service
Updated May 3, 2019

By subscribing to the Internet Hosting Service/s of iManila, Client accepts the policies listed in this document and abide to respect and follow them. The service order described in this document or Conforme Letter is the package description presented in the website or service order document in case of collocation and dedicated server services.

Unless otherwise specified, the use of “us,” “we,” and “our” shall refer to iManila and its Internet Hosting products, services and subsidiaries.

I. General

iManila agrees to provide services described in the Service Order/s signed by the parties herein called “Service/s” to Client, subject to the following Terms of Service (TOS). Use of the Services constitutes acceptance and agreement to these Terms of Service and all attachments and policies as Acceptable Use Policy (AUP), No Spam Policy (NSP) and Privacy Policy.

iManila will provide Service/s for the agreed fees as specified in the website or on Service Order or Conforme Letter. Client acknowledges that the service fees have been properly communicated and will therefore agree to pay such service fees. In return, Client is allowed to use the Service/s for business and personal websites.

iManila reserves the right to refuse or discontinue the Service/s at its own discretion. As such, Client information will be verified prior to account activation. Consequently, any violation of the Terms of Service and other policies could result in warning, suspension and probable termination of the account. Accounts terminated for policy violations shall not be refunded.

II. Account Activation

iManila will activate the account upon payment of agreed initial fees by Client. Additionally, we will also validate the client information for protection against fraud. Providing false client information may result in non-activation, cancellation and termination of the account.

iManila will also require a valid email address which is NOT at the domain being registered with us. This 3rd party email address will be a primary contact email for any issues with the account (i.e., Billing, Abuse, Service Suspension, etc.). It is highly urged that this account be kept active during the duration of the Service/s. We will not be responsible for any expiration of Service/s due to noncurrent or inactive email address. Please keep contact information updated by emailing our service team.

III. Term

The client agrees to be bound by the service term selected in the Order Form or Service Order or Conforme Letter that requires a minimum duration of time. Client agrees to pay in advance for One (1) Year service term.

(depends on the agreed billing period)

IV. Payment

iManila will require payment for the activation and continued use of the Service/s. Set-up fees may be charged if applicable in the service order. Prices are subject to change without prior notice.

All payments, unless expressly provided, shall be payable in Philippine Pesos currency and Client agrees to pay all taxes applicable to the Service/s.

Renewal Notice and Invoice shall be sent to the Client thirty (30) days before the expiration of the term. It shall be sent by email to the primary email contact provided by client. If payment is not made after 72 hours of lapse of expiry, your account will be terminated with no further notice.

Accounts that have expired beyond thirty (30) days can no longer be renewed and all account records (email and website) are erased. Restoration beyond thirty (30) days, if possible, may require additional charges of Php 1,000 per man-hour.

V. Delinquent Accounts

1. Failure to pay Invoices due on Hosting Plans and Reseller Plans shall result to the suspension of the Service/s thirty (30) days after the due date, and then account deletion sixty (60) days after the due date.

2. iManila is not and shall not be held responsible for data integrity for any accounts that are suspended, interrupted, disconnected or terminated for non-payment of Service/s.

3. The termination or suspension of the Service/s shall not relieve you of responsibility for the payment of all accrued service fees, and any collection fees to which iManila may be entitled under the Agreements or under applicable law. Overdue amounts may be turned over to an external agency for collection, in which case you agree to pay to iManila a “Processing and Collection” Fee of not less than One Thousand Pesos (Php 1,000) or more than Five Thousand Pesos (Php 5,000). Returned checks shall be charged a service fee of One Thousand Pesos (Php 1,000)

VI. Account Cancellation

A. Clients may voluntarily cancel their account at any time, with or without any reasons, subject to the following:

1. Web Hosting. Request for cancellation can be sent anytime to [email protected].

2. Virtual Servers and Dedicated Server. Request for cancellation shall be sent to [email protected]. Virtual and Dedicated servers cover 1yr service commitment and will require to settle the remaining balance for the whole year for early termination.

B. You understand and agree that iManila does not provide any refunds, pro-rated or otherwise, in connection with cancellations. No more charges shall be billed to the account upon cancellation. However, cancellations made on or after the renewal date shall be subject to renewal fees.

VII. Backup and Restoration

Client is solely responsible for management and backup of all data, updates, patches and upgrades to any software being used in the Service/s.

It is highly recommended that Client creates a backup of their account data in an off-site facility for contingency measures. iManila will not be held responsible for any loss of data under any circumstances.

iManila does periodic backups of active and paying accounts for internal administration requirements. In the event that Client may need to recover data from backup, we will use utmost effort to restore data to their account. We will not provide any compensation for any kind for lost, outdated, incomplete or corrupted data in the event that our backups do not function properly.

This recovery and restoration from our backup shall be charged at an agreed fee of Php 1,500.00 per instance. Other support services are available at additional fees.

VIII. Governing Law

The Agreements shall be governed by and construed in accordance with the laws of the Philippines, without regard to choice of law or conflicts of law provisions that would cause the application of the law of another jurisdiction.

IX. Notices

1. From iManila to Client

iManila will notify Client through e-mail of any notices that require us to do so under this Agreement. E-mail will be sent through Client’s most current e-mail address as provided to iManila.

By entering this Agreement, Client consents to receive notices via e-mail. Client is held responsible for ensuring that the e-mail address iManila has of Client is current and updated. iManila shall not be held responsible for any lost, misdirected, bounced, forwarded, or undeliverable e-mail that iManila sends to the most current email address Client has provided.

From Client to iManila

Unless otherwise specified in this Agreement, notices to iManila shall be sent to the following mailing address and email:

1. Mailing Address7/F Hanston Building

F. Ortigas Jr. Avenue (formerly Emerald Avenue)

Ortigas Center, Pasig City 1605

Philippines

2. Email Address

X. Entire Agreement

1. The Agreement comprises the entire agreement between Client and iManila. This supersedes any prior or previous agreements between Client and iManila with respect to the subject matter of the Agreements; provided, however, that Client agrees to be subject to any additional terms and conditions of which iManila notifies from time to time, pursuant to the Agreements.

2. The Agreements may not be modified orally.

XI. Violation of Laws

1. Client represents and warrants to iManila that it has complied, and will comply, with all applicable laws and regulations, of any applicable jurisdiction, including but not limited to the Philippines and the United States of America, and that each party has not engaged in, and shall not engage in, any illegal or improper action, and has not made, and shall not make, any improper payment to influence or effectuate any contracts regarding the Service/s and/or the Agreements.

2. Client agrees not to engage in any activity that violates any international or local laws applicable to the Service/s described in the Agreements. iManila reserves the right to discontinue the provision of Service/s to any client that it deems, in its sole discretion and/or upon notice by the proper party or government authority, to have violated any conditions of the Agreements or applicable laws. iManila will cooperate with all law enforcement agencies in relation to alleged violations of laws.

XII. Legal and Intellectual Property Rights

Any material or data used in the Service/s shall be the full responsibility of Client and may be subject to Philippine (or other countries’) laws on copyright, trademarks and intellectual property. Such data or material will not contain anything leading to an abusive or unethical use of the Internet. All images and content published on the Internet should be rightfully owned and/or licensed to the Client. Abusive and unethical material include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of illegal activity, and any infringement of privacy.

The use of a domain name that infringes or violates any trademark, service mark or similar rights of a third party are not acceptable to the Service/s and may be grounds for the termination of the Service/s.

Client agrees to use the Service/s only for lawful purposes, in compliance with all applicable laws in the Philippines . Specific illegal activities that are prohibited include but are not limited to, the following:

1. Threatening acts or language to persons or property or otherwise harassing behavior.

2. Misrepresentation or fraudulent representation of products and/or services.

3. Transmission, distribution or storage of any material in violation of any applicable law or regulation (i.e., Pornography, Pirated materials, etc.).

4. Transmission, distribution or storage of any material protected by copyright, trademark, trade secret or other intellectual property right without proper authorization, and material that is obscene, defamatory, slanderous, an invasion of privacy or constitutes an illegal threat, or is otherwise illegal.

5. Facilitation, aid, or encouragement of any of the above activities, whether using iManila network or service by itself or via a third party’s network or service.

6. Interference with a third party’s use of iManila network or service, or ability to connect to the Internet or provide services to Internet users.

7. Proxy server management

XIII. Indemnity

Client agrees to defend, indemnify and hold harmless iManila, as well as its parents, subsidiaries, officers, employees, agents, successors or assigns against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) to which we may become subject to and which Losses arise out of, or relate to the Agreements or Client’s use of the Service/s. Client also agrees to reimburse us for all legal and other expenses, including reasonable attorneys’ fees we may incur in connection with the investigation, defense, or settlement of any losses, whether or not in connection with pending or threatened litigation in which we are made a party.

XIV. Force Majeure

iManila shall not be liable or deemed to be in default for any delay or failure in performance of its obligations under the Agreements or other documents, as well as interruption of Service/s resulting directly or indirectly from acts of God, civil or military authority, any law, order proclamation, regulation, ordinance, demand or requirement of any governmental authority, acts of public enemy, war, terrorism, riot, civil disturbance, insurrection or other violence, explosion or other casualty or accident, fire, explosion, earthquake, flood, the elements, strike or labor dispute, shortage of suitable parts, materials, labor or transportation, magnetic interference, interruption of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunications or wireless service, or any cause beyond the reasonable control of iManila.

XV. No Waiver of Rights by iManila

No course of dealing and no delay in exercising, or omission to exercise, any right, power or remedy accruing to iManila under the Agreements shall impair any such right, power or remedy or be construed to be a waiver thereof or an acquiescence therein; nor shall the action of iManila in respect of such default or circumstance, or any acquiescence by it thereto, affect or impair any right, power or remedy of iManila in respect of any other default or circumstance, whether similar or not.

XVI. Abuse

We here at iManila are proud of our excellent service because its aim is to ‘improve lives through technology’. Therefore, we respect all people, most especially our clients; so it is only natural that we expect the same. If anyone attempts to malign, threaten, or cause harm to us and our network, we will immediately terminate the Service/s without refund. In addition, we will pursue justice to the full extent of the law. Abusive conduct includes, but is not limited to, the following behaviors:

1. Repeatedly addressing members of our staff in a demeaning or rude manner.

2. Using profanity in any oral or written communications with our staff, by any medium of communication, including but not limited to e-mail, instant messages, chat, text messaging, fax, postal mail, telephone, voice over Internet Protocol (VoIP), or in-person communication.

3. Yelling or shouting at our staff.

4. Deliberately using all capital (uppercase) letters in any written communication to our staff.

5. Insulting our staff because of their personal characteristics, or on the basis of their race, ethnicity, national origin, sex, sexual orientation, religion, or housing or economic status.

6. Deliberately providing false information to our staff for the purpose of harassing them or wasting their time.

XVII. Assignment

Client shall not assign or attempt to assign its obligations under the Agreements without iManila’s prior and express written consent to such assignment. iManila may assign any or all of its rights and obligations under the Agreements at any time without prior notice to or consent of Client.

XVIII. Arbitration and Venue

1. Any controversy or claim arising out of or relating to the Agreements or any breach thereof in excess of Fifteen Thousand Pesos (Php 15,000.00) shall be settled by arbitration in any competent courts of Pasig City, Philippines.

2. Jurisdiction and venue for arbitration or litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to the Agreements, or the breach thereof, shall be proper only be in Pasig City, Philippines, to the exclusion of all other courts, venues and/or jurisdictions.

XIX. Severability

In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties hereto, and the remainder of the provisions shall remain in full force and effect.

XX. System Resources

iManila limits Clients on the system resources of Internet Hosting Service to assure the quality of the service. These system resources are consumed by applications and web services.

Here are the detailed Email and Server Limits of the Service:

For Shared Hosting Services:

● 300 Email messages per domain per hour

● 500 Unique recipients per hour

● Email size is limited to 50MB via Webmail (includes the email body and attachments)

● Using Email Client applications. Email size limitation will vary from Email Client to Email Client. (Microsoft Outlook, Apple Mail, etc.)

For Dedicated Server Hosting Services:

● 500 Email messages per domain per hour

● 500 Unique recipients per hour

● Email size is limited to 50MB via Webmail (includes the email body and attachments)

· Using Email Client applications. Email size limitation will vary from Email Client to Email Client. (Microsoft Outlook, Apple Mail, etc.)

To learn more about email size, read more here .

Clients that go beyond the Email and Server limits is subject for temporary suspension to avoid any server load issues that may affect other clients hosted in the service. We shall notify the Client with the resource violation and they must resolve the issue within 72 hours with the following possible solutions:

· Client must resolve the situation by using less resources.

· Client must upgrade to dedicated server solution.

If the violation is not resolved within 72 hours, we will have no choice but to terminate the service. This rule is to prevent abuse on our Service/s.

iManila reserves the right to change or alter these limitations without prior notice.

XXI. Third-Party Applications Support

iManila does not guarantee or provide any free technical support for any open-source or free web application available in cPanel such as Fantastico and Softaculous.

XXII. Disclaimer

iManila shall not be held responsible for any harm or damages that the Client’s business may suffer. We do not make any warranties of any kind and the Service/s are provided as is. We disclaim any and all warranties of non-infringement of any third party rights and any implied warranties including but not limited to implied warranties of merchantability and fitness for a particular purpose. This includes the loss of data brought about by delays, none or mistaken implementation, mistaken and service interruption even caused by our employees. Client is solely responsible for the selection, use and suitability of the Service/s.

iManila expressly declares that by accepting the Service/s, Client will indemnify us for any violation of any law or our policies that will result in the loss for us or bringing of any claims against us. As such if we are sued because of your activities using our Service/s, you will pay for any damages awarded against us plus cost and legal fees.

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