Terms of Service (TOS)

Acceptable User Policy (AUP)

Service Level Agreement (SLA)

PHILWEBGUIDE.COM reserves the right to revise, amend or modify this Acceptable User Policy (AUP), Service Level Agreement (SLA), Terms of Service (TOS) and other policies without notice. Notice of any revision, amendment or modification will be posted in accordance with our TOS. All users of PhilWebGuide internet services and their clients, must comply with (AUP) and TOS.

Pornography

Pornography and sex-related merchandising including Viagra, Cialis or similar drug sites or links to such material, even if legal, is not an acceptable at PhilWebGuide servers. Child pornography will be reported to the authorities immediately! We do not actively monitor subscriber’s activity under normal circumstances. Similarly, we do not exercise editorial control over the content of e-mail transmission or other material created or accessible over or through the services, except for certain proprietary web sites. However, in accordance with our TOS, we may remove any materials that we, in our sole discretion, estimate may be illegal, may subject us to liability, or which may violate this AUP. PhilWebGuide may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your PhilWebGuide account or other actions as detailed below without notice, based upon the nature of the violation. This document is intended to provide a basic understanding of PhilWebGuide’s AUP. The following are guidelines for the establishment and enforcement of PhilWebGuide ‘s AUP. Whenever a PhilWebGuide account violates this Acceptable Use Policy or our TOS, we reserve the right to terminate it without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however based on the nature of the violation, it could result in immediate termination of service.

The following constitute violations of this AUP:

*Illegal Activities: PhilWebGuide services may not be used for illegal purposes or in support of illegal activities. PhilWebGuide reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

*Harm: You may not use PhilWebGuide’s service to harm or attempt to harm minors in any way, including, but not limited to child pornography or use PhilWebGuide’s service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

*Forgery or Impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

*Unsolicited E-mail, News Bombing (SPAM): Use of the PhilWebGuide.COM service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending PhilWebGuide.COM account. Anyone hosting websites or services on their account or server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. An integrated part of our TOS is our non-tolerance of spam as expressed in our article: Active Against Spam. The account or server will not be reconnected until such time that you agree to remove any and all traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been completely removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any account or server guilty of a second violation will be immediately and permanently removed from our network without notice. Malicious intent to impede another person’s use of electronic mail services or news will result in the immediate termination of the offending PhilWebGuide account.

*Copyright or Trademark Infringement: Use of the PhilWebGuide service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books or other copyrighted sources and the unauthorized transmittal of copyrighted software. Use of the PhilWebGuide service to collect, or attempt to collect, personal information about third parties without their knowledge or consent. Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

*Network Disruptions: Use of the PhilWebGuide service for any activity which affects the ability of other people or systems to use PhilWebGuide services or the Internet. This includes “denial of service” (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. PhilWebGuide will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. PhilWebGuide does not allow the hosting of IRC, IRC Bots, or eggdrops on our network. Accounts and servers found hosting this material will be subject to immediate cancellation without refund. Use of the PhilWebGuide service to access or to attempt to access the accounts of others or to penetrate or attempt to penetrate security measures of PhilWebGuide or another entity’s computer software or hardware, electronic communications system or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending PhilWebGuide account is subject to immediate termination.

*Security: You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest, employee or whoever. 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 security of another account or attempt to gain unauthorized access to another network or server.

*Network Security: PhilWebGuide accounts operate on shared network resources. Excessive use or abuse of these resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in the termination of your account.

REPORTING VIOLATIONS OF PHILWEBGUIDE AUP

PhilWebGuide.COM requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department athelpdesk@philwebguide.com and if possible provide the IP address and/or domain used which committed the violation and in case of spam, include extended header, date and time of the violation with evidence. Terms of Service (TOS) Use of PhilWebGuide service constitutes acceptance and agreement to PhilWebGuide AUP as well as PhilWebGuide TOS. From herewith in this TOS, AUP and SLA, the usage of “us”, “we”, “our”, “ours” shall constitute reference to PhilWebGuide, the usage of “you”, “your”, “they”, “them” shall refer to client / customer of PhilWebGuide.

Acceptance of Contractual Agreement

1. Client agrees that by placing an order either by means of electronic ordering (web order form), spoken word or submitting a written contract and receipt of such order by PhilWebGuide, that you are agreeing to our TOS, AUP and SLA. No Modifications of said contract by customer is allowed.

2. PhilWebGuide will provide while Customer will purchase and pay for the Services and service fees specified in the order form for the applicable Service Description. Customer acknowledges that the service and service fees have been communicated to the customer and that they are aware of all applicable charges as per contract, AUP, SLA and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.

3. In connection with any Hosting Services, if Customer’s actual bandwidth usage in any month exceeds allotted amount specified in Customer’s contract, Customer will pay PhilWebGuide any additional fees as specified in the Service Description.

PAYMENT

Establishment of this service is contingent upon receipt of payment from Customer to PhilWebGuide. Subsequent payments are due on the anniversary date of the month for that month’s service, unless customer requests all monthly payments to be consolidated to one specific billing date. Any additional services relative to a primary hosting account will be prorated to the primary hosting account’s monthly recurring billing date  along with the following guidelines of prorating methodology: (total monthly fees/ 30) * number of days to monthly recurring billing cycle. Any setup fees will be charged full setup fee pricing and are applied at time of initial request of such services.

Delinquent Accounts: PhilWebGuide may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees or any collection fees.

Account Cancellation: All requests for canceling any service / services must be made in writing with at least 45 days notice but not more than 60 days prior written notice and sent by postal mail or e-mail to PhilWebGuide.com.

Refunds and Disputes: All payments to PhilWebGuide are nonrefundable for domain name orders, SSH Access, SSL Certificates or Static IP Addresses. Hosting accounts are eligible to receive a full refund if within 30 days of account activation under our 30 day money back guarantee the client is not 100% satisfied, cancels the account and wants a refund. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within 10 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, in PhilWebGuide’s discretion which is valid, under the terms and conditions of our SLA, AUP and TOS will result in service interruption and reconnection fees to restore the desired service. Service Level Agreement (SLA) Shared Hosting is defined as an account on our server that is rented to Clients. From time to time security updates, patches, kernel upgrades and System Administration will be performed on your server free of charge. PhilWebGuide will install any server modules for a client if that module is available free and is stable. Any support not included with your shared hosting account will be subject to a fee. PhilWebGuide will perform maintenance, security checks and management without clients initiating a request on our shared hosting services. Shared Hosting Support covers just about everything provided by PhilWebGuide. However, it is at PhilWebGuide discretion whether or not to provide support on webpage creation, scripting languages, the Interchange shopping cart system, etc.

DNS Information: Entry into our DNS servers may take 3-5 days to complete. Unforeseen complications may cause for longer waiting times. However, normal times for a new domain are 24-48 hours and for a change in DNS, 12-24 hours. Network Uptime is the total time in a calendar month that PhilWebGuide network is available through the Internet, provided that Client has established connectivity. PhilWebGuide takes responsibility of Network availability within their network, however, we cannot be held liable for upstream problems outside of our network. Our guarantee is that our Network will be available to clients free of Network Outages, rendering 100% packet loss 99.9% of each calendar month.  Network Outages or Unscheduled downtime is any unplanned or unscheduled interruption in Service availability during which Client is unable to access the services as described in the section titled “Network Uptime” above. A Network Outage is defined as a period in which 100% packet loss to our network is experienced determined to have been caused by a problem in PhilWebGuide’s Network as confirmed by PhilWebGuide. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month. Scheduled Downtime is any PhilWebGuide scheduled interruption of Services for the purpose of network upgrades or replacement of any equipment in order to provide for a better service. Scheduled downtime occurs during notified downtime periods with as much advance warning as possible via e-mail with a minimum of 12 hours notice.

*Problems outside of PhilWebGuide’s network (upstream providers, or client’s inbound connection) not effecting 100% loss to our network

*Interruptions or failure of individual service caused by client, their employees, client’s customers, etc. to their service. These include inaccurate configuration, 3rd party software, client abuse or over utilization of resources, hacked servers, attacks, exploits, or server hardware failures.  Server Hardware for Shared Hosting, Dedicated or Co-Located Servers Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included for Dedicated Servers, and switches for Co-Located Servers, unless client provides their own switch. Hardware replacement will occur within 6 hours of the reported problem, PhilWebGuide will refund 5% of the monthly fee per additional 12 hours of down time (up to 100% of customer’s monthly fee). In order to reduce replacement hardware downtime, we keep a small quantity of pre-built systems on hand to swap out Hard disks, so that your server can be back up in the shortest amount of time. For Hard disk failures, we keep pre-installed drives with our standard partitioning for immediate deployment. In order to request an SLA hardware violation credit, you must email sales, within 5 days of reported violation.  SLA violations will be reviewed by our personnel Monday – Friday 9AM to 5PM PST.

*Hardware SLA violations do not cover network violation*

*Interruptions or failure of individual service caused by client, their employees, client’s customers, etc. to their service. These include inaccurate configuration, 3rd party software, client abuse or over utilization of resources, hacked servers, attacks, exploits, or server hardware failures. Replacement is defined as returning the server to original configuration when it was purchased. If hardware failure causes corrupted Operating System, Data Files or Configuration of server, PhilWebGuide will restore the system to original state. PhilWebGuide is not responsible for the restoration of data to server. We strongly recommend that your purchase backup options for your server and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, the client are responsible for data restoration. PhilWebGuide shall not be liable for loss of data under any circumstance or the effects it may have for you and/or your business and/or organization in any way whatsoever.

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