Please read this document carefully. This Agreement outlines the duties and responsibilities of Litus Software, Inc. (THE PROVIDER) in providing you with WebSite and Email Hosting (the Service) as well as your rights and responsibilities as a user. Additionally, you acknowledge that you have reached the majority age and therefore able to make this binding contract with THE PROVIDER. In the event that you do not wish to be bound by these terms and conditions, you hereby expressly acknowledge and agree that you shall be prohibited from accessing or using the Service.
1. Company Policies on the Use of the Service
As a subscriber to the Service, you are responsible for your access to the Service. You further agree to comply with all of THE PROVIDER policies respecting the Service (including but not limited to the Acceptable Use Policy of THE PROVIDER) as provided to you or to which you shall be directed when using the Service. You agree to provide accurate and current information about yourself as required by the registration process, and to update such information as promptly as possible to ensure that it is kept accurate and complete. You agree that THE PROVIDER shall not be responsible for, is free and harmless from, any and all liabilities and expenses related to any violation of this Agreement by you or any user of your account, or in connection with the use by you or any users of your subscription. Furthermore, you agree to notify THE PROVIDER of any unauthorized use of your password or account. Also, you agree that the Service can only be used by you and/or any party that you authorize and that you may not transfer or make available your account name and password to others. Should you at any time deposit information, software or other content in the public areas of the Service, you hereby understand and agree that THE PROVIDER shall have the right and license and you hereby give THE PROVIDER the authorization but not the obligation to edit, copy, publish, distribute and translate such information, software or other document for any use without charge. Subject to the foregoing right and license, each Subscriber who deposits information, software or other document on the Service retains any rights Subscribers may have in such information, software or other document. While using the Service, you shall not post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Service in a manner which is contrary to the law or would serve to restrict or inhibit any other user from using or enjoying the Service or the Internet. More specifically but without limiting the generality of the aforementioned, you agree while using the Service not to:
- defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, the rights of minors and the rights relating to privacy and publicity;
- post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
- post, transmit or link to any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component. You more specifically agree, without limiting the generality of the aforementioned, not to use the e-mail service to post, transmit, or otherwise facilitate the creation or distribution of chain letters, junk e-mail, spam or any duplicative or unsolicited messages, surveys, contests or pyramid schemes.
- Also, you may not forge headers or otherwise manipulate any identifiers serving to disguise the origin of any content transmitted using the e-mail service;
- upload, post, publish, transmit, reproduce, link to or distribute in any way, information, software or other material obtained through the Service, or any derivative work thereof, which is protected by copyright or any other intellectual property right, without obtaining permission of the copyright owner or right holder;
- impersonate or falsely represent your association with any person, including THE PROVIDERís representative or forum moderator;
- use, reproduce, sell, resell or otherwise exploit the Service or any of its components for any commercial purposes;
- gather, collect or store personal
information about others;
- distribute false publicity or advertisements or access the Service with the intention of extracting content for purposes other than personal use nor
- attempt to gain access to the Service or any site, account, computer system or network connected to the Service, through hacking, password, mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service. THE PROVIDER reserves the right to refuse to post or to remove any information or materials, in whole or in part, that according to them and in its sole discretion, are unacceptable, undesirable or in violation of the Terms and Conditions. Subject to the terms of this Agreement, you may use and display the software on any machine of which you are the primary user:
2. Use of
the Service by Minors is not permitted.
Investigations, Client Information
You hereby authorize THE PROVIDER and its mandatories to verify your personal financial status by conducting a credit investigation with third parties. All personal information obtained by THE PROVIDER shall be treated as confidential as required by law. Unless you consent in writing thereto or unless disclosure is required by law, THE PROVIDER will not disclose any personal information pertaining to you to any party other than:
- an agent or credit agency retained
by THE PROVIDER to collect any
overdue amounts owed to THE PROVIDER
by you pursuant to the terms of
- administrative personnel of
THE PROVIDER, provided that the
personal information is released
to such personnel solely for THE
PROVIDER’s internal administrative
- any agent or contractor of THE
PROVIDER that requires such personal
information for the sole purpose
of permitting the provision to
you of the Service to be provided
by THE PROVIDER pursuant to the
terms of this Agreement, or;
- as may be required by law or
Billing and Plans
- Fees. As a Subscriber of THE PROVIDER, you hereby agree to pay such fees including all applicable taxes, incurred by the use of the Service, all of which shall be charged to your account in accordance with the rates and conditions established by THE PROVIDER for the Service and as such rates and conditions may be amended by THE PROVIDER from time to time upon 15 days prior notice to you. You further undertake and agree to promptly provide THE PROVIDER with any modifications to the credit card or banking information supplied with your account (i.e., changes to your credit card expiration date or other similar credit card information if you choose to pay via credit card facility) Late monthly payments due to failure to promptly inform THE PROVIDER of credit card or banking information shall incur an interest rate of 12% per annum
- Exchange Rate for US$ Transactions. Exchange rate used is based
on the prevailing bank selling rate at the time of billing date. Please process your payment using said rate.
- Billing. As a Subscriber of THE PROVIDER, you shall pay monthly fees as prescribed by the Service. Your initial billing period begins on the date of the activation of your Domain Name. In the event that the client has an existing domain name, date of activation will depend on the actual date of domain nameserver propagation. Subject to the provisions to the contrary as set forth herein, your account will be automatically renewed on a monthly basis. Your monthly bill will be based on the plan that you subscribe to plus any incidental charges which you may incur. You hereby agree to accept full responsibility for all charges of your account.
- Email Storage and Traffic.
With your subscription, THE PROVIDER limits you to the plan that you subscribed for the number of mailboxes and amount of storage that goes with your account. This storage space is for mail that has not yet been downloaded and/or read. It is not for storing mail that you have already downloaded and/or read. That material should be stored on your computer. Should your mailbox exceed at any time, your subscribed storage limit, you will be asked to remove all files in excess of your allotted storage space. If you fail to do so within 7 days following the receipt of a request to that effect, THE PROVIDER may, at its sole discretion, delete those files in excess of the allotted storage space in order to respect the storage capacity limit. THE PROVIDER will not be responsible for any lost content.
- Discontinued Service
in Case of Abuse. THE PROVIDER reserves the right, at its sole discretion, to suspend or terminate the Service to all users who are abusing the system or the Service, subject to the terms and conditions set forth in Section 6. THE PROVIDER may from time to time define what is abuse of the system or of the Service.
- Discontinued Service
in Case of Spamming.
Notwithstanding any provision to the contrary, THE PROVIDER may immediately terminate in accordance with the terms and conditions set forth in Section 6, any subscription of anyone who is transmitting or otherwise connected with any spam or other unsolicited bulk e-mail. In addition, because damages are often difficult to quantify if actual damages cannot be reasonably calculated then you agree to pay THE PROVIDER liquidated damages of P300 for each piece of spam or unsolicited bulk e-mail transmitted from or otherwise connected with your account. Otherwise you agree to pay THE PROVIDER actual damages, to the extent that such damages can be reasonably calculated.
- Domain Name. gTLD or Generic Top-Level Domains (those ending in .com, .net, .info, .org) shall be given to you free of charge as part of the Annual Service Subscription. Such Domain Name shall remain under the ownership of THE PROVIDER for such time that you continue to subscribe to the Service. Ownership of the Domain Name by THE PROVIDER shall cease to exist should the Subscriber decide to discontinue the Service. Thereafter, all liabilities incurred for Domain Name registration and/or renewal shall no longer be to THE PROVIDERís account. In case of domain ownership transfer from LSI to client, client is to be charged USD 17.95 as domain ownership transfer fee.
5. Plan Changes
You may request a change in your subscribed plan by submitting a request to our Customer Services Team via fax through (632) 414-5017 and/or by sending an e-mail to firstname.lastname@example.org. Please note that all plan changes requests will take effect on the first day of the following month closest to your request date. All modifications will be billed at the monthly rate of the plan you chose.
Suspension and Refund
by you. You acknowledge and agree that this Agreement may be cancelled by you only upon prior notice to THE PROVIDER. Such prior notice shall be given a minimum of 30 working days before the start of the next billing date in any of the following manners: by telephone call to THE PROVIDERís Customer Service Department at (632) 357-6729, (632) 583-6466 & (632) 414-8619; where notice of cancellation has been given by telephone call, THE PROVIDER may require for verification purposes and that you send your written confirmation of your intent to cancel to
GoWeb Hosting Solutions
Litus Software Inc.
Basement QY Bldg. Tomas Morato, Brgy. South Triangle, Quezon City
Tel # (632) 357-6729, (632) 583-6466 & (632) 414-8619, Fax # (632) 414-5017
Or by facsimile message addressed to THE PROVIDER at (632) 414-5017 or by mail addressed to THE PROVIDER as stated above. Upon receipt, notice of cancellation shall be effective as of the last day of the current billing period. Whether the cancellation is effected at the beginning, the middle or the end of a billing period, you will be billed for the whole month.
or Suspension by THE PROVIDER.
You acknowledge and agree that THE PROVIDER may, at any time, and for any reason, including but not limited to your breach of any term or condition of this Agreement, either suspend or restrict the Service or terminate this Agreement and the Service by giving you 48 hours notice by either telephone, facsimile or electronic mail.
THE PROVIDER will not forward any mail or other files to another account and all of your files including but not limited to emails and homepages will be erased. The termination of your subscription does not relieve you from any amounts owing to THE PROVIDER before such termination becomes effective plus any costs including but not limited to costs incurred for the collection of any outstanding amounts.
THE PROVIDER will continue to gather and retain any mail or other files on our servers until end of suspension and all your files including but not limited to e-mails and homepages will not be erased but access will be denied. The suspension of your account does not relieve you from any amounts owing to THE PROVIDER before such suspension becomes effective plus any costs including but not limited to costs incurred for the collection of any outstanding amounts.
Fee.The minimum term of the Service shall be 12 months. Should the subscriber request for termination before the end of the minimum term, a pre-termination fee equivalent to the remaining months of the 12-month period plus domain registration charges shall apply. Domains registered by LSI will be charged at US$17.95. Accounts availed under Promo are also subject to the above-mentioned termination fee, any discounts given by LSI for the promo will be forfeited if the client decides to terminate the subscription before the promo lockout period has expired.
on the Net.
Messages sent over the Internet may not be completely private. Although there are ways to mask your identity when communicating on the Internet, your anonymity is not guaranteed. The use of the Service is at your own risk.
8. No Liability
The Internet is a largely unregulated medium and therefore some content, products or services offered on the Internet or through the Service (collectively referred to as the Content) may be offensive to you or may not comply with applicable laws. You agree to be solely responsible for access to or use of all Content and the Internet. You acknowledge that THE PROVIDER has not endorsed the Content and that it is not deemed to have examined, viewed or approved the said Content. THE PROVIDER is not responsible for any claim related to the access to the said Content or to its use. If you become aware of unlawful products, services or conduct on the Internet, please notify THE PROVIDER by email to email@example.com . If other users have access to any material stored in your files or programs located on THE PROVIDERís servers, then THE PROVIDER reserves the right to review that material. If the material in question is unlawful, THE PROVIDER reserves the right to edit or remove that material. You will be given an opportunity to respond, within a reasonable period of time, to the allegation that the material in question is unlawful before THE PROVIDER takes action.
9. No Liability
for Dealings with Third Parties
You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on or through the Service, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. THE PROVIDER assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Furthermore, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be the users alone. You agree that THE PROVIDER shall not be responsible or liable directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, any of such dealings or transactions.
10. No Liability
for Links to Third Party Sites
In cases where THE PROVIDER will be supplying you with compact disks-read-only memory (the CD-ROMS) or other machine-readable or accessible through the Internet medium (the Medium) containing internet access or other software (collectively referred to as the Software) you hereby acknowledge and agree that:
If the Software has not been developed by THE PROVIDER, the Software will not be installed, maintained, supported or guaranteed by THE PROVIDER. The use of the Software shall be subject to you and you shall comply with such terms and conditions as are set out in the license agreements, which may be included with the Software or as defined by the various publishers thereof. The responsibility of THE PROVIDER in the event that the Software, the CDROMS or the Medium prove to be defective, shall be strictly limited to the replacement of the relevant CDROMS or Medium. The appropriate measures shall be taken to protect the Software, including the relevant CDROMS or Medium from loss or damage, and the responsibility of THE PROVIDER, in the event that some software are not fully supported by commercial versions, is limited to the replacement, at its sole discretion, of the said Software by any other Software offering similar characteristics and functions.
if the Software has been developed by THE PROVIDER, THE PROVIDER will undertake to provide the required support, subject to the provisions set forth in Section 12. Furthermore, you agree that the Software will not be installed or guaranteed by THE PROVIDER. The use of the Software shall be subject to and you shall comply with such terms and conditions as are set out in the license agreements, which may be included with the Software or as defined by the various publishers thereof. The responsibility of THE PROVIDER, in the event that the Software or the CDROMS or the Medium prove to be defective, shall be strictly limited to the replacement of the relevant CDROMS or Medium; and, the appropriate measures shall be taken to protect the Software including the relevant CDROMS or Medium, from loss or damage.
THE PROVIDER grants you a non-transferable and non-exclusive license to the Software provided that you do not (and do not allow a third party) to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. In the event of a conflict between the terms and conditions that accompany the Software and the terms and conditions set forth in this Agreement, the latter will prevail.
Occasionally, the computer equipment required to access and use the Service may change. You understand and acknowledge that it is your sole responsibility to ensure that your computer system meets the current minimum requirements as stated by THE PROVIDER as being necessary to use the Service. Accordingly, should your computer equipment no longer be adequate to access the Service, you must upgrade your equipment at your own cost and expense. You expressly acknowledge and agree that in the eventuality that you decide not to upgrade and /or improve your computer equipment, your sole recourse will be the cancellation of this Agreement as and from the date of your notice as herein provided in Section 6 above.
and Other Intellectual Property
THE PROVIDER and the Service are trademarks of Litus Software, Inc. All other products, brand and company names, logos and other intellectual property rights used throughout the Service are their trademarks, registered trademarks or other intellectual property rights of their respective owners. You also acknowledge and agree that any content found on THE PROVIDERís Website, except the content provided by a Subscriber to the Service or which THE PROVIDER uses according to the provisions set forth in Section 1 of this Agreement, is the sole property of THE PROVIDER or its suppliers and that you may not reproduce, copy, distribute or use in any way, except for your personal use, without the prior consent of THE PROVIDER.
Warranty and Indemnification
THE PROVIDERís Service and Software is provided ďas isĒ without any warranty of any kind. Neither THE PROVIDER nor any of its information providers, licensors, employees or agents warrant that the Service will meet your requirements, that it will operate in combination with the software and/or services that you select to use on the Internet, that the operation of the Service will be uninterrupted and error free, that any errors will be corrected, that the Service will meet any particular criteria of quality or performance (as regards to, without limiting the generality of the aforementioned, the reasonable delays of delivery or receipt of data) that the privacy of any data, information, content or other materials transmitted by to or through its computer and/or communication systems will be preserved, that any data or files sent by or to you will be transmitted in uncorrupted form nor that any Content or other materials accessible through the Service is free of viruses or other harmful elements or components. Therefore you assume full responsibility and risk of loss from your downloading and/or use of the files or other material obtained wither directly or indirectly from THE PROVIDER. You agree that in no event shall THE PROVIDER be liable for any damages including, without limitation, direct, indirect, incidental, special or consequential damages (including legal fees) resulting from:
- the loss of profits or revenue incurred by you or any third party even if THE PROVIDER has been advised of the possibility of such damages;
- the reliance on the Service;
- the mistakes, omission, interruptions, deletion of files, errors, defects, delays in preparations, or transmission or failure of performance; and,
- the allegations, claims, suits, or other proceedings based upon a contention that the use of the Software or the Service by you or a third party through your account infringes the intellectual property rights or contractual rights or any other rights of any third party.
- You agree to indemnify, defend and hold harmless THE PROVIDER, its agents, affiliates, successors, assigns, its directors, officers and employees for any damages, judgments, expenses and other liabilities resulting from any final determination that the data, information and/or content stored, received or transmitted, now or in the future, to, through or from, as the case may be, your account infringes trademark, trade secret, copyright, patent or third party intellectual property rights and from any other damages, claims, suits or actions which may arise, now or in the future, as a result of the use of the Service. This indemnification shall survive the termination of this Agreement. You agree that THE PROVIDER will not be responsible for damages and expenses related to the violation of this Agreement resulting from the use by you or any user of your account or in connection with your use or the use of the Service by another user of your account and you agree to hold THE PROVIDER harmless in that respect. This indemnification shall survive the termination of this Agreement.
In the event of any breach by THE PROVIDER, its affiliates or agents, or those for whom it is responsible in law, including a breach of a fundamental term hereof or any negligence on their part, you expressly acknowledge and agree that your exclusive remedy shall be to receive from THE PROVIDER payment for actual and direct damages up to a maximum amount equal to one month of your monthly service fee.
to the Agreement
THE PROVIDER may, at any time and from time to time, modify this Agreement by reasonable prior notice sent to you or displayed on its Web site. As well, you agree to check THE PROVIDERís Website periodically to review whether any modifications have been made. Your continued use of the Service following notice of such modification shall be deemed to be your acceptance of that modification. If you do not agree to any modification of this Agreement, you must immediately stop using the Service.
Each of the terms, conditions and policies in this Agreement stand alone. Should any provision of this Agreement be found by a court of competent jurisdiction to be invalid or unenforceable, all other provisions of the Agreement will remain in full force and effect. Neither party is responsible for a failure to fulfill its obligations under this Agreement or for delay in doing so if such failure or delay is due to circumstances beyond its control such as but not limited to, acts of God, acts of government, war, riots, strikes and accidents in transportation.
This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines. Furthermore, you hereby irrevocably consent to the exclusive jurisdiction and venue of the courts of Makati City, Philippines. Nothing contained in this Agreement prevents THE PROVIDER from complying with governmental or court of law requests or requirements relating to your use of the Service or information provided to or gathered by THE PROVIDER with respect to such use. Neither this Agreement nor the performance of the obligations under this Agreement may be assigned by you without the prior written consent of THE PROVIDER. THE PROVIDER may assign its rights and obligations under this Agreement to any affiliated entity without your prior written consent.