Terms of Service: Web Hosting
IMPORTANT – PLEASE READ THE FOLLOWING TERMS AND CONDITONS CAREFULLY. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT AND BY USING THIS WEB-HOSTING SERVICE, YOU ARE INDICATING THAT YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS.
This Terms of Service (“Agreement”) is a legal agreement between you, the client (“subscriber”), and AKDEGUZMAN IT Consulting ("provider') for the use of AKDEGUZMAN Web Hosting Service. The web hosting service includes: Any reference made in this Agreement to AKDEGUZMAN IT Consulting shall be deemed to include, its subsidiaries, successors, assignees, affiliates and any company that controls AKDEGUZMAN IT Consulting, directly or indirectly, and any other subsidiary of such controlling company.
Acceptance of Terms and Conditions.
Your use of the AKDEGUZMAN Web service shall be deemed your acceptance to be bound by all the terms and conditions of this Agreement. If you do not fully agree with all the terms and onditions of this Agreement, please immediately cancel your subscription.
Availability, Modifications and Reduction of Software Functionalities.
User acknowledges and agrees that AKDEGUZMAN IT Consulting may, at its sole discretion, at any time, without prior notice and without liability to any subscriber or third party, limit, deny, create varying priorities or access to different subscribers or different levels of service, update, modify or terminate, temporarily or permanently some or all of the functionality of the AKDEGUZMAN web hosting services. Subscriber acknowledges and agrees to assume all risks relating to or arising out of such acts by AKDEGUZMAN web hosting services to the exclusion of AKDEGUZMAN IT Consulting.
No Unlawful or Prohibited Use.
No user can use the Web Hosting Service for any purpose that is unlawful or prohibited by this Agreement. Users may not use the hosted website to: (a) promote or advertise any unlawful or illegal activity or purpose, including any activity that could give rise to criminal or civil liability; (b) infringe on the copyright, patent, trademark, service mark or any other rights of any person or entity; (c) cause harm to minors in any manner; (d) upload, e-mail, post or transmit any material that is unlawful, illegal, obscene, vulgar, defamatory, harassing, threatening, libelous, objectionable racially or otherwise, or invasive of the privacy of another; (d) carry out any unauthorized alteration of any data or information on or supplied by another user of the Website; (e) upload, post, e-mail or transmit any junk mail, or any other unauthorized communication, advertisement, or promotion; (f) distribute or transmit any software viruses or other computer code designed to interfere with the functionality of any computer, hardware, software, server, network or other equipment or devices; (g) impersonate or misrepresent any person or entity or the origin of any Download; or (h) collect, store, transmit, exchange or otherwise distribute the personal information of any users of this Website or any other web site.
You may not attempt to gain unauthorized access to any AKDEGUZMAN service, or computer systems or networks connected to any AKDEGUZMAN service through data mining, hacking, robots or any other means. You shall not use the Website or the Service in any manner that could harm, immobilize, overload, or impair any AKDEGUZMAN service or interfere with any other party's use and enjoyment of any AKDEGUZMAN service. AKDEGUZMAN IT Consulting reserves the right, in its sole discretion, to terminate your access to the Website and the related services at any time, with or without cause and without notice.
You agree to indemnify, defend and hold harmless AKDEGUZMAN IT Consulting and its agents, employees, subsidiaries, affiliates, officers, contractors, agents, licensors and assigns from and against any and all liabilities, claims, actions, demands, causes of action, damages, costs and expenses, including reasonable attorneys' fees, made by any third party due to or arising from or concerning (a) your use of the Service, and (b) the breach by you of your representations and warranties set forth herein.
Termination and Cancellation of Services.
You agree that AKDEGUZMAN IT Consulting, at its sole discretion, may at any time terminate this Agreement, suspend or discontinue your use of the Service and individual services provided via the Service, access to the Website, or any portion thereof immediately and without prior notice and without cause. Reasons may include notification by third parties that a User's activities are infringing on third party rights or are illegal according to applicable jurisdictions.
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and AKDEGUZMAN IT Consulting regarding the AKDEGUZMAN Web Hosting Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You agree that the terms of this Agreement are severable. If any part of this Agreement is held invalid or unenforceable, that term or provision will not affect the remainder of this Agreement, the remaining portions shall remain in full force and effect. This Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid and, to the maximum extent possible, consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect. Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable.
No waiver of any term of this Agreement shall be rendered effective unless it is in writing, and signed by a duly authorized representative of AKDEGUZMAN. The remedies of AKDEGUZMAN under this Agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. The failure of a party, at any time or from time to time, to require performance of any obligations of the other party hereunder shall not affect its right to enforce any term of this Agreement at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.
Disclosure of Risks by AKDEGUZMAN and Subscriber's Assumption of Such Risks.
As with any internet-based facility, they are not intended, and AKDEGUZMAN hereby disclaims any intimation, suggestion or representation to the contrary, to be a facility free of various security, privacy and reliability issues. If the subscriber uses the AKDEGUZMAN web hosting services, the subscriber expressly and exclusively assumes the risk thereof to the exclusion of AKDEGUZMAN IT Consulting.
Charge for Use.
The subscriber shall be charge for using AKDEGUZMAN Web Hosting services on a monthly basis in reference to the plan subscribed. Payment must be made at least one day before the beginning of the month's usage and will apply respectively for that month only. Advance payments will always be credited to the ensuing months that follow accordingly. No pro-rata refund will be applied for the unused portion of a month except when the 30-day money guarantee is applied and/or the month(s) unused is not the current month and pre-paid.
Notwithstanding, the subscriber's plan usage limits for data traffic, all bandwidth traffic in excess of that limit will be charge per an excess Megabyte usage based on prevailing rates set by AKDEGUZMAN IT Consulting
Disclaimer of Warranties.
AKDEGUZMAN IT Consulting MAKES NO AND HEREBY SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, NON INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEB HOSTING SERVICES . USER ASSUMES THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SUBSCRIBER'S WEB HOSTING TO THE EXCLUSION OF AKDEGUZMAN IT Consulting.
Limitation of Liabilities.
AKDEGUZMAN IT Consulting WILL NOT BE LIABLE TO ANY SUBSCRIBER OR ANY THIRD PARTY FOR ANY AND ALL DAMAGES, HOWEVER CLASSIFIED OR CATEGORIZED, ARISING OUT OF OR RELATED TO THE USE OR NON-USE, MISUSE, AVAILABILITY OR RELIANCE ON THE AKDEGUZMAN WEB HOSTING NOTWITHSTANDING THE FACT THAT AKDEGUZMAN IT Consulting SHALL HAVE BEEN INFORMED OR NOTIFIED OF THE POSSIBILITY OF THE INSTANCE OF SUCH DAMAGES.
Amendment of Terms and Conditions.
AKDEGUZMAN IT Consulting may, at its sole and exclusive discretion, amend, modify, vary or altogether change the terms and conditions of this Agreement. By maintaining usage of the AKDEGUZMAN Web Site and the Web Hosting Services for a period of thirty (30) days after such change is posted on the AKDEGUZMAN Web Site, subscriber is deemed to have agreed to amended, modified, varied or new terms and conditions.
Choice of Law and Forum.
This Agreement, the Terms of Service for AKDEGUZMAN Web Hosting Service and the use of the AKDEGUZMAN Web Hosting Service shall be governed by the laws of the Republic of the Philippines, and subscriber expressly agrees that any and all dispute relating to or arising out of this Agreement, and the use of the AKDEGUZMAN Web Hosting Services shall be subject to the exclusive jurisdiction of the appropriate courts in the Quezon City, Philippines. User hereby expressly consents to the exercise of personal jurisdiction by the courts of Quezon City, Philippines.
Origianl Date of Publication: July 01,2011 00:45H (GMT)
Last Revision: none