Acceptable Use Policy
Unless otherwise specified in the Agreements, the usage of “us”, “we” and “our” shall refer to Web.com.ph and all its parents, subsidiaries, successors and assigns (unless otherwise specified, “Web.com.ph, Inc.” and “Web.com.ph” shall have the same meaning and shall be interchangeable). The usage of “you”, “your”, “they” and “them” shall refer to the Customer of Web.com.ph.
You hereby acknowledge that you have read the Agreements and fully understood the contents thereof. You also acknowledge that you agree to the terms and conditions of, and will comply in good faith with, the Agreements.
A. Introduction, Purpose, and General Terms.
- This Web site gives you the ability to learn about Web.com.ph and its products and services as well as the ability to access Web.com.ph Services.
- This AUP is used in conjunction with the Agreements. This document sets forth the principles, guidelines and requirements of the AUP of Web.com.ph governing the use by the Customer of the Services and products (“Services and Products”). The purpose of the AUP is to comply with all international and local laws and to protect the network security, network availability, physical security, Customer privacy, and other factors affecting the Services. Web.com.ph reserves the right to impose reasonable rules and regulations regarding the use of its services provided to all Customers. The AUP is not an all-inclusive, exhaustive list and Web.com.ph reserves the right, at its sole discretion, to update or revise this policy, any of the Agreements or other policy or statement on any Web.com.ph website, and any product offerings or programs described on any Web.com.ph website. Please check back periodically to review any changes to this policy (http://www.web.com.ph/aup.php). You may also be notified by email through your given email address as set forth in the Service Descriptions.
- Without prejudice to other applicable provisions of the Agreements, you may not use this site or Web.com.ph's Products and Services for any purpose that is unlawful or in any manner that could damage, disable, overburden or impair the operation of this site, the Web.com.ph Network, or Web.com.ph's Services, or any other part's use or enjoyment of this site, the Web.com.ph Network, or Web.com.ph's Services.
- Any violation of the AUP or the Agreements may result in the suspension or termination of your account or such other action, as Web.com.ph deems appropriate. No credits will be issued for any interruption in service resulting from violations of the AUP.
- Any questions or comments regarding the AUP should be directed to Web.com.ph by email to the following email address for issues concerning the AUP: firstname.lastname@example.org
B. Compliance with Law.
Customer shall not use Web.com.ph's Service or any other service or network to post, upload, transmit, re-transmit, mirror, store, distribute or facilitate the distribution of any content (e.g., text, communications, software, images, sounds, data) or other information that, in Web.com.ph's sole discretion:
- Violates, attempts to violate, or help any third party to violate laws, oridnances, regulations in the Philippines and United States of America.
- Is threatening, obscene, indecent, pornographic, abusive, harassing, libelous, defamatory, deceptive, fraudulent, invasive of another's privacy, tortious, inaccurate, or that otherwise could adversely affect any individual, group or entity.
- Threatens or encourages bodily harm or destruction of property.
- Harms any person.
- Victimizes, harasses, degrades,or intimidates an individual or group of individuals on the basis of religion, sex, sexual orientation, race, ethnicity, national origin, immigration status, age, disability, or any other reason.
- Is posted in violation of a newsgroup charter.
- Contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Violates any terms or conditions of any other network access provider or Internet service provider.
- Violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” information content or data or other software products that are not appropriately licensed for use by Customer. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.
- Adds, removes, or modifies identifying network header information in an effort to deceive or mislead any person. Additionally, attempting to impersonate any person by using forged headers or other identifying information is prohibited. However, the use of anonymous remailers or nicknames does not by itself constitute impersonation, unless such use is made with the intent to deceive, defraud, or mislead any person or to violate any applicable laws or regulations.
- Collects, attempts to collect, or helps any third party to collect personal information about third parties without their knowledge or consent or in amanner that violates applicable laws concerning privacy.
- Has a negative effect on Web.com.ph or its network (e.g., overloading servers on the Web.com.ph Network; causing portions of the Web.com.ph Network to be blocked by other network providers; generating unresolved third party complaints or complaints which, in the discretion of Web.com.ph, impose anunreasonable administrative burden on Web.com.ph; etc.).
- Violates the prohibition on terrorist content and activities described below.
C. Terrorist Content Prohibited.
- The United States Homeland Security Act of 2002 defines "terrorism" as "any activity that - (A) involves an act that - (i) is dangerous to human life or potentially destructive of critical infrastructure or key resources; and (ii) is a violation of the criminal laws of the United States or of any State or other subdivision of the United States; and (B) appears to be intended - (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping." (Pub. L. 107-296 (2002) § 2(15)).
- The Philippine "Human Security Act of 2007” (R.A. 9372) punishes Terrorism, committed by any person who commits an act punishable under anyof the following provisions of the Revised Penal Code:
- a. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine Waters);
- b. Article 134 (Rebellion or Insurrection);
- c. Article 134-a (Coup d‘Etat), including acts committed by private persons;
- d. Article 248 (Murder);
- e. Article 267 (Kidnapping and Serious Illegal Detention);
- f. Article 324 (Crimes Involving Destruction)
- a. Presidential Decree No. 1613 (The Law on Arson);
- b. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990);
- c. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968);
- d. Republic Act No. 6235 (Anti-Hijacking Law);
- e. Presidential Decree No. 532 (Anti-piracy and Anti-highway Robbery Law of 1974); and,
- f. Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunitions or Explosives)
thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand.
D. Adult Content Prohibited.
Web.com.ph does not permit adult-oriented or pornographic websites in our servers and network.
If you have a reseller account with Web.com.ph, you may not resell our hosting services to any clients or customers that host adult-oriented and pornographic content.
Pornography (especially Child pornography) is punishable by Law in the Philippines and Web.com.ph will cooperate with authorities in prosecuting offenders.
Including obscene materials and tintilating films, as defined by law.
If we find any of your sites (or any of the sites of your customers, if you have a reseller account) to be hosting adult or pornographic content, the offending accounts shall be subject to immediate account termination.
E. Illegal Drugs Prohibited.
Web.com.ph does not permit websites that sell, buy, educate the use of illegal drugs as defined by law.
F. System and Network Security.
1. Violations of system or network security are strictly prohibited, and may result in criminal and civil liability, as well as termination of services from Web.com.ph. Web.com.ph investigates all incidents involving such violations and will cooperate with law enforcement if a violation of the criminal law is suspected.
2. You are responsible for any misuse of your account, even if a friend, family member, guest, agent, or employee committed the inappropriate activity while using your account. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach the security of another Web.com.ph account or attempt to gain unauthorized access to another network or server.
3. Examples of system or network security violations include, without limitation, the following:
a. Introduction into the network or server of any malicious program (examples: viruses, worms, Trojan Horses, logic bombs, and other executables intended to inflict harm).
b. Introduction into the network or server of any self-extracting file or program containing any malicious program.
c. Introduction into the network or server of any data, parameter, configuration, template, or control files for software applications that contain destructive macros or other malicious code.
d. Introduction into the network or server of any encrypted or compressed file or archive such as .zip or .gz files that contains any malicious program.
e. Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient, logging into a server or account that the Customer is not expressly authorized to access, or exceeding the access to a server or account that has been granted to the Customer. For purposes of this section, "disruption" includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing, and forged routing information.
f. Executing any form of network activity that will intercept data not intended for the Customer.
g. Circumventing user authentication or security of any host, network or account.
h. Interfering with or denying service to any user other than users of the Customer's host (examples: denial of service attack or distributed denial of service attack).
i. Using any program script/command, or sending messages of any kind such as a punter, designed to interfere with or to disable, a user's terminal session, via any means, locally or via the Internet.
j. Attempting to use or gain unauthorized access to data, accounts, hosts, servers, systems or networks of this site, or to probe, scan or test the vulnerability of a system or network of this site, any Web.com.ph Services or those of any other party.
k. Interfering with service to any user, host or network including, without limitation, mail-bombing, flooding, or attempting to overload the system.
l. Forging any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
m. Falsifying address information or otherwise modifying e-mail headers to conceal the sender's or the recipient's identity.
G. Internet Etiquette.
The Customer agrees to observe and abide by reasonable Internet etiquette (“Netiquette”). The Customer shall comply with the rules appropriate to any network to which Web.com.ph may provide access. The Customer should not post, transmit, or permit Internet access to information the Customer desires to keep confidential. The Customer shall not post any material that is illegal, is libelous, is otherwise tortious, indecently depicts children, or is likely to result in retaliation against Web.com.ph by offended users. Web.com.ph reserves the right to refuse or terminate the Service at any time for violation of this section. This includes, but is not limited to, advertising services or sites via Internet Relay Chat (IRC) or USENET in clear violation of the policies of the IRC channel or USENET group.
H. No-Spam Policy (NSP).
1. Customer shall comply with all the terms and conditions of the NSP as described in this Section. Violation of the NSP shall be deemed a violation of this AUP and the Agreements.
2. At Web.com.ph, we are committed to providing valuable hosting services to our valued Customers. An important part of Web.com.ph's mission is to be a respected and responsible member of the business and Internet communities. We take seriously our role in protecting our customers and the general public from nuisances such as "spam." This section describes our NO-SPAM Policy. Please read it carefully, because it contains important information and because it is a material part of your Agreement with Web.com.ph.
3. Definition of Spam. Unsolicited commercial e-mail and electronic messages are colloquially referred to as "spam." Other common names for spam include "spam e-mail," "junk e-mail," "bulk e-mail," "direct e-mail," and "mass e-mail." Spam is the electronic equivalent of the direct mail you receive in your postal mailbox frequently. In its most general terms, and as used in the NSP or the Agreements, spam is:
a. A commercial e-mail message or other electronic message, including, but not limited to, messages that are:
(i) Posted to an electronic mailing list (other than an "opt-in" e-mail list as described below);
b. A commercial e-mail message or other electronic message that is addressed to one or more recipients with whom you do not have an preexisting business or personal relationship;
(ii) Posted on an online bulletin board system or Web-based message board system or "guest book";
(iii) Posted to a Usenet newsgroup;
(iv) Posted to the common area of an online community, group, or club;
(v) Posted in a chat room;
(vi) Posted in a message board of a commercial online service (such as America Online),
(vii) Posted to a Weblog ("blog"),
(viii) Sent via an instant message system (such as ICQ, Yahoo! Pager, Yahoo! Instant Messenger, or AOL Instant Messenger),
(ix) Sent through e-mail or another Internet means of communication when the message's ultimate destination is a facsimile ("fax") machine, cellular or wireless telephone, or wireless device,
c. A commercial e-mail message or other electronic message that is sent to a mailing list of addresses that you purchased or that were otherwise distributed, or any list of e-mail addresses whose owners did not sign up for your specific mailing list, including without limitation lists commonly known as "affiliate lists";
d. Commercial e-mail message or other electronic message that is not sent at the request of, or with the express consent of, the recipient(s);
e. A commercial e-mail message or other electronic message that is sent to a recipient who has opted out of receiving further commercial electronic messages from you; or
f. A commercial e-mail message or other electronic message that contains forged headers, compromised mail server relays, or false contact information.
4. For purposes of the AUP and the Agreements, spam also includes any e-mail or other electronic message that is sent in violation of any applicable Federal, state, or local law regulating unsolicited commercial e-mail, unsolicited fax transmissions, or any other type of unsolicited commercial electronic message, regardless of whether that message fits the definition of "spam" provided above.
5. Mailing Limits
. All Web Hosting acounts may not send more than 120 emails per hour per domain to avoid our servers from being blacklisted.
6. "Opt-in" E-mail Lists
. Messages sent to "opt-in" e-mail lists are not spam, for purposes of the AUP, provided that those messages meet all of the following criteria:
a. The messages are sent to an "opt-in" e-mail list in which ALL subscribers have VOLUNTARILY agreed to receive announcements and advertisements about products and services;
b. The messages STRICTLY COMPLY with ALL the requirements and regulations of the "opt-in" e-mail list; and
c. Upon request of any subscriber to the "opt-in" e-mail list, you immediately stop sending that subscriber any e-mail regarding your products and services.
7. If you choose to use an "opt-in" e-mail list, please be aware that Web.com.ph will consider ANY violation of the requirements or regulations of such any third party provider of software or services for such a list to be a violation of this NO SPAM Policy. Furthermore, Web.com.ph reserves the right to prohibit "opt-in" e-mail lists in the future if such a prohibition is reasonably necessary to keep its hosting service operating efficiently for all users.
8. Zero Tolerance for Spam
. Web.com.ph will not tolerate any spamming by any of its Customers. This prohibition of spam extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Web.com.ph's Services whether or not the message actually originated from our network. Violation of the AUP will result in Web.com.ph taking one or more of the following actions: (a) A warning via e-mail or telephone; (b) Suspension of your site until further notice; (c) Removal of DNS for the advertised/originating site; or (d) Temporarily blocking outgoing mail from yoursite. Repeated violation of this NO-SPAM policy will result in immediate disconnection of service with no re-activation.
9. Web.com.ph reserves the right to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from being sent from or transmitted through the Web.com.ph Network. The transmission of spam, including the transmission of counterfeit e-mail, may result in civil and criminal penalties against the sender, under various international, republic and local laws and regulations, including the U.S. federal CAN-SPAM Act o
10. Indemnification of Web.com.
ph. You agree to defend, hold harmless, and indemnify Web.com.ph from any harm or damages whatsoever resulting di
rectly or indirectly from your engaging in any spamming practices or from your violation of any of the terms of the AUP.
11. To report any spam you receive that identifies itself as coming from the Web.com.ph servers or claims to be related to Web.com.ph in any way, please send an e-mail message to us at email@example.com. In your message to us, please include a complete and accurate copy of the message that you consider to be spam, along with full message headers and routing information for e-mail, a message board provided by a Web site or an online service, Usenet, interactive chat message, or instant message service, as the case may be.
I. Resource Usage.
1. You agree to not use excessive amounts of resources. Any violations may result in us taking corrective action in order maintain server stability by terminating any processes, disabling and/or suspending your account.
2. Personal Hosting accounts may not run more than 8 simultaneous processes per user, runs for longer than 10 CPU seconds, or use more than 16 megs of memory. Databases are limited to 8 max user connections.
3. Business Hosting accounts may not run more than 12 simultaneous processes per user, runs for longer than 20 CPU seconds, or use more than 24 megs of memory. Databases are limited to 12 max user connections.
4. Unlimited Hosting accounts may not run more than 16 simultaneous processes, runs for longer than 30 CPU seconds, or use more than 32 megs of memory. Databases are limited to 16 max user connections.
5. Web.com.ph reserves the right to make adjustments to these limits at our sole discretion. If Web.com.ph takes corrrective action, Customer shall not be entitled to a refund of any fees paid in advanced.
J. No Editing, Censoring, or Control of Communications; Reservation of Rights
. Your participation in online communication or use of any Web.com.ph service is not edited, censored, or otherwise controlled by Web.com.ph. However, Web.com.ph reserves the right to remove content, disable sites, or suspend or terminate services if Web.com.ph, in its sole discretion and/or upon notice by the proper party or government authority, determines such content or user practices are harmful, offensive, or otherwise in violation of this AUP.
K. U.S. Export Control Laws
. Exporting encryption software over the Internet from the United States to countries other than the United States and Canada violates United States law, unless you have a license to do so from the Bureau of Industry and Security in the United States Department of Commerce. You are solely responsible for determining whether any of your software or other information contains encryption software and whether you require a license to export your software or information. You are also solely responsible for complying with all applicable laws governing the export of encryption products. For additional information, you may wish to visit the Bureau of Industry and Security's Web site at: http://www.bxa.doc.gov/Encryption/
L. International Use.
Web.com.ph makes no representation that materials available on this site or any or through any Web.com.ph service are appropriate or available for use in locations outside the Philippines, and accessing them or using them from territories where their contents are illegal is prohibited. Customers and their users who access this site or any site hosted by Web.com.ph from locations outside the Republic of the Philippines and United States are solely responsible for compliance with all applicable local laws and regulations. Moreover, to the extent allowed by law, Customers agree to defend, indemnify, and hold harmless Web.com.ph, its parents, subsidiaries, partners, joint venturers, employees and agents, and all their respective heirs, successors, and assigns for any acts of Customer or Customer's users that may violate any applicable law.
M. Intellectual Property Rights.
1. All Web.com.ph Web site design, text, graphics and the selection and arrangement thereof are the copyrighted work of Web.com.ph. If any page, information, or content is copied, it may only be copied for non-commercial uses that are explicitly allowed under the Customer's Agreement with Web.com.ph or by law, and Web.com.ph shall, in any event, retain all copyright and other proprietary interests in said page, information or content.
2. You acknowledge and agree that copyrights, trademarks, service marks, patents, trade secrets and other proprietary rights and laws protect all content and materials available on this site or through any Web.com.ph service. Nothing on any Web.com.ph Web site shall be interpreted or implied in such a way as conferring any license or right to any intellectual property, content, technology, system, process, or related material belonging to Web.com.ph by virtueof it being displayed or made accessible on any Web.com.ph Web site. Except as expressly authorized, you agree not to use this site or any Web.com.ph Services in any manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you may access, receive or make available through this site or any Web.com.ph Services.
3. If you use a domain name or content in connection with the Web.com.ph Web hosting, or any other Web hosting service, you agree not to use that domain name or content in any way which violates any trademark, service mark, or similar rights of any third party. Specifically, and without limitation, you agree that you will not engage in, attempt to engage in or conspire with others or solicit others to engage in any cybersquatting or domain name hijacking,
4. Web.com.ph's data center infrastructure, including all hardware, software, and telecommunications facilities located in its data center, may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of any United States or state regulation or law or the common law, or any applicable foreign or international law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, patent, trade secret or other intellectual property rights.
5. Creating, utilizing, or distributing unauthorized copies of software or other information content is a violation of United States, Philippine and other local or international laws. If you copy, distribute, or install software or other information content in ways that the license to use that content doesnot allow, you are violating the said laws. Web.com.ph will cooperate with all law enforcement agencies in relation to alleged copyright infringement based on content housed in our data centers.
6. Please see Copyright Infringement Reporting on the Web.com.ph Web site and Clause R below for procedures on disclosing alleged copyright infringement.
N. Customer's Grant of Limited License to Web.com.ph; Warranties on Content.
By posting or submitting content to any Web.com.ph Web site or server, you:
1. Grant Web.com.ph a limited license to transmit, copy, store, back up, and retrieve the content, solely for the purpose of providing you with the services you are purchasing under your Agreement with Web.com.ph;
3. Warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Web.com.ph does not and will not infringe or violate the rights of any third party; and
4. Agree to defend, hold harmless, and indemnify Web.com.ph for any claims of any third party resulting from the public posting or use of your content.
O. IP Allocation.
Web.com.ph administers an Internet network on which multiple Customer servers reside. Customers shall NOT use Internet protocol (IP) addresses that were not assigned to them by Web.com.ph staff or network administrators.
P. Restrictions on Use of Web.com.ph Services.
1. You may not operate Internet Relay Chat ("IRC") servers using Web.com.ph's services.
2. You may not run any IRC robot on any IRC server that might interfere with the Services or otherwise violate this AUP. When logged into any IRC server, you must comply with the rules and policies established by that IRC's service administrator.
3. You may not use any programs that may or will interfere with another's use of this site or any Web.com.ph Services.
4. You may not run any background processes on the Web.com.ph servers, networks, or systems without prior written authorization from Web.com.ph.
5. You may not use any Web.com.ph services to send denial-of-service (DOS) attacks to any computer or network, or to "flood" any computer or network.
6. You may not host any type of proxy on Web.com.ph.
7. Web.com.ph reserves the right to add further restrictions to Customers' use of the Web.com.ph Services if such further restrictions are reasonably necessary to keep its hosting service operating efficiently for all users.
Q. Suspension and Cancellation.
Web.com.ph reserves the right to suspend service to any Customer or who is using our network or Services for violation of the AUP and the Agreements. Web.com.ph will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference as reasonably possible. Web.com.ph reserves the right to terminate service without notice for continued and repeated violations of the AUP or the Agreements.
R. Notices Regarding Violations of AUP and Intellectual Property Rights.
1. The Web.com.ph Agreement and all its components prohibit acts of copyright and trademark infringement and other unlawful behavior by Web.com.ph Customers. Web.com.ph takes Customer violations seriously and will investigate complaints and, where appropriate, may remove content, disable sites, suspend or terminate services or take other action as necessary.
2. General Complaints: Please send reports of any activity in violation of this TUP to firstname.lastname@example.org. If possible, please provide the IP address used to commit the violation, the date and time of the violation, and evidence of the violation. Web.com.ph will reasonably investigate incidents involving such alleged violations. Web.com.ph may involve and will cooperate with law enforcement officials if any criminal activity is suspected. Violations may result in criminal and civil liability.
3. Copyright/Trademark Infringement Complaints: If you believe that your copyright or trademark has been used by a Web.com.ph Customer or subscriber without permission, such that the use may constitute infringement of your intellectual property rights, please see the instructions on how to send your claim at: http://www.web.com.ph/copyright.php