Terms of Service
This agreement is for the protection of our customers and systems
and is fairly standard legal-ese. Its main purpose is to prevent illegal
or abusive practices.
Mywebhostmanila Service Agreement
Mywebhostmanila seeks to provide you with top quality technology and service thus allowing you the opportunity to administer your own web site on the World Wide Web (WWW) in the most efficient and effective way possible. We continually upgrade our servers, network, and support to help you achieve your goals in hosting.
Mywebhostmanila (MWM) reserves the right to refuse service to anyone at any time. However, if MWM should deem it necessary to initiate termination of services with you, MWM specifically agrees to provide reasonable access to you in order to allow you to download any files which may still reside on the web site or server being removed from the network. In no event shall mywebhostmanila be liable for any loss, loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages, which result from this termination of services.
Terms and Condition
You are not authorized to use or access Mywebhostmanila.com web site and/or services without acceptance of these terms and conditions. Use of this web site and our services means your acceptance of these terms and conditions.
Subject to change without prior notice
Mywebhostmanila.com may at any time make modifications, improvements and/or changes to these Terms of Service, the information, names, images, pictures, logos and icons displayed on this web site, or the products and services referred to within, and may do so with or without notice.
High Server Resource User Policy
Resources are defined as CPU utilization and / or resource manipulation. Mywebhostmanila.com may implement the following policy to its sole discretion: When a website is found to be monopolizing the resources available, Mywebhostmanila.com reserves the right to suspend or terminate that account immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. An agreement is normally reached with a client, allowing them to upgrade their web hosting plan for an additional fee.
Violations of Mywebhostmanila.com Terms of Service and Acceptable Use Policies
Mywebhostmanila.com does not allow storage of the following content in the web hosting disk space (including FTP disk space) that you are provided with:
Illegal Material - Copyrighted works, commercial video, audio or music files and any material that violates any Federal, State or Local law or regulation. Adult material may be stored and published as long as is its content remains legal. Non-acceptable adult content includes, but is not limited to: child pornography, incest and bestiality, scenes of real violence and crime. You are also prohibited to link to and/or provide information about such content. We reserve the right to cancel your account without notice and without refund, should you be found violating this rule.
Warez and Malicious Software - Pirated software and cracks, emulators, ROMs, phreaking, hacking, password cracking, IP spoofing, Trojan horses, viruses, spy-ware, malware, etc., and encrypted versions of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
Spam (unsolicited bulk e-mail) & Undesirable E-mail Services - No spamming is allowed. We reserve the right to cancel any account for spamming immediately and without refund. We also reserve the right to cancel without refund, any account that causes our company to be blocked by any e-mail service - this includes selling bulk-emailing software and/or e-mailing lists.
Collection of Personal Data - Use of the Mywebhostmanila.com service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
Threats - Use of the Mywebhostmanila.com service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
Harassment - Use of the Mywebhostmanila.com service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
Fraudulent Activity - Use of the Mywebhostmanila.com service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."
IRC Networks - It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network on our servers. Servers found to be connecting to or part of these networks will be immediately removed from our network without notice.
If you are found to be engaged in any of the above activities, we reserve the right to terminate and/or suspend your service immediately without warnings and refunds. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of these Terms will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
When a website is found to be monopolizing the resources available, Mywebhostmanila.com reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of servers on which your site is hosted or any other servers your site is associated with.
Payment Policy
All accounts are set up and operated on a monthly, quarterly, semi-annual or yearly basis. Mywebhostmanila.com reserves the right to change prices for its services at any time, although price is guaranteed to remain the same for the prepaid period.
Should the account holder opt not to renew his/her account by failure of payment for the appropriate amount due, Mywebhostmanila.com will suspend the service of the unpaid account after 3 collection attempts have been made, or within 10 days of the original payment due date, whichever comes first. This will not suffice as a cancellation of services and billing will continue on the account until which time an acceptable cancellation notice has been rendered.
In addition, the customer is responsible for all charges applied to his/her account from the time of the account creation until a cancellation notice is submitted to our Billing Department via our Help Desk. No other method of account cancellation, either written or verbal, will be accepted for purposes of canceling an account.
On request basis, the invoices and receipts will be sent thru email.
Taxes
The prices that are shown in this website are subject to 12% Value Added Tax (VAT).
Accounts Cancellation and Refunds
Mywebhostmanila.com reserves the right to cancel any account holder's service at any time. In the event that this cancellation is not due to a violation of these Terms of Service, customers will be entitled to a pro-rated refund based on the remaining period of their membership. No other refunds, other than our 30 Day Money Back Guarantee (outlined below), will be issued for any reason.
Customers may cancel their accounts at any time. However, the cancellation must be made to our Billing Department via our Help Desk. The cancellation of an account will be effective as of the first day of what would be the following billing cycle. This will ensure that your account (website & hosting service) will remain active and accessible through the end of the pre-paid period. No new charges will be applied to your account for any services rendered on or after the specified cancellation date.
30 Day Money Back Guarantee
Should you decide to cancel your account within the initial 30 day period, Mywebhostmanila.comt offers an unconditional money back guarantee. You will receive a full refund on the pre-paid hosting fees, provided the appropriate cancellation notice is received within the initial 30 days of service. Domain name is excluded in the 30 day money back.
Free Domain Name
Web Hosting packages that are paid in two(2) years immediately upon enrollment is subject to have 1 free domain name that applies only to .com .net and .org extensions.
Shoutcast Stream Hosting
Broadcasters have the option to change the bitrate of the streaming broadcast, but the operator are to use their designated bitrate while broadcasting (for example if you ordered 24kbps, you should broadcast at that bitrate), if found that the operator is not broadcasting at their designated bit rate the account will be disabled until we have been contacted by the owner of the account (broadcasters).
Disclaimer
Mywebhostmanila.com shall not be held responsible for any damages your business may suffer. Mywebhostmanila.com makes no warranties of any kind, either expressed or implied for services it provides. Mywebhostmanila.com disclaims any warranty of merchantability or fitness for any particular purpose. This includes loss of profit resulting from delays, server malfunctions, missed backups, non-deliveries, wrong delivery and any and all service interruptions caused by Mywebhostmanila.com’s proprietors and their employees. Mywebhostmanila.com reserves the right to revise these policies at any time.
Customer agrees that it shall defend, indemnify, save and hold Mywebhostmanila.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Mywebhostmanila.com’s owners, their agents, their customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, agents, employees or assigns of the owners of Mywebhostmanila.com.
Customer agrees to defend, indemnify and hold harmless Mywebhostmanila.com owners against liabilities arising out of;
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with Mywebhostmanila.com.
(2) any material supplied by customer infringing or allegedly infringing the proprietary rights of a third party;
(3) copyright infringement; and
(4) any defective products sold to customer from Mywebhostmanila.com’s servers.
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