Mabuhay Web Hosting Philippines

Terms of Service

Last Updated: February 17, 2009

POLICY AND SERVICE GUIDELINES

We want to provide the best possible service to our customers and to do so, we have to set forth some guidelines for everyone to follow.

All account holders, regardless if the order was placed online, in person or by telephone, are bound by these terms and conditions. These terms and conditions supersede any statements made through email, chat session, or contact of any kind with any Mabuhay Hosting Representative. This Registration Agreement ("Agreement") also sets forth the terms and conditions of your use of GoMabuhay! (Mabuhay Hosting Under Registrar) to register a domain name on the Internet. This Agreement will become effective when accepted by Mabuhay Web Hosting & Development Services.

YOUR USE OF THE MABUHAY HOSTING NETWORK HOSTING SERVICES INDICATES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE AND ACCEPTABLE USE POLICY.

1. TERMS AND CONDITIONS
You agree to familiarize yourself with these terms, and abide by them if you choose to use the services to which such terms apply.

1a. REFUSAL OF SERVICE
Mabuhay Hosting reserves the right at its sole discretion to refuse or cancel service. Violation of any of Mabuhay Hosting's Terms of Service could result in a warning, suspension, or possible account termination. Accounts may be terminated for any or no reason at all without any prior notice to the customer. Accounts terminated due to policy violations forfeit any and all refund(s).

2. USER CONDUCT
You agree to abide by all applicable local, state, national and international laws and regulations regarding your use of our service(s).

2a. CUSTOMER ABUSE
We have zero tolerance for abusive language and/or abusive behavior towards our company and/or service we provide and/or our employees. Any customer deemed at our sole discretion to be abusive to our company and/or service we provide and/or our employees will result in immediate irrevocable account termination without any refund. Threats to sue, slander, libel, etc., are all considered forms of abuse and will result in immediate irrevocable account termination without any refund.

2b. FORUM POSTS
We have a zero tolerance policy for posting negative feedback on any public forum about our company, service(s) and/or our employees before submitting a ticket to our 'Customer Service' department to discuss your issue, will result in immediate account termination without any refund. Although it is your right to post feedback without discussing your issue with us first, it is undoubtedly unfair and unprofessional not to, which is not the type of client we want to deal with. We have the utmost respect for all of our clients, and are more than fair with all of our clients. We will do anything and everything possible to keep all of our clients satisfied. But in the unlikely event you are not satisfied, all that we ask is to discuss your issue with our Customer Service department first. So if you are the type of person to run to the forums at the first chance you get to complain, please do not sign up with us.

3. USER ELIGIBILITY
You represent and warrant that you, as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you must have parental consent in order to sign up, and the account must be ordered by a parent or legal guardian, in their own name. You agree to supply Mabuhay Hosting with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use.

4. CONTENTS OF MESSAGES
You are solely responsible for the contents of your messages and your website and the consequences thereof. You agree not to do anything which would restrict or inhibit any other user from using and enjoying the Internet. You further agree not to use Mabuhay Hosting's network to send any messages or material that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise constitute a criminal offense, give rise to civil liability or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Mabuhay Hosting reserves the right to terminate your account if Mabuhay Hosting's network becomes aware and determines, in its sole discretion, that you are violating any of the foregoing guidelines.

4a. You are responsible for ensuring that all Upload Materials will function properly and as intended. You are responsible for all activity originating from your website, unless proven to be a victim of outside hacking or address forgery. You assume responsibility for all material on your website that may be put on by a third party (such as the usage of Free For All links pages). Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols, and software, which can vary depending on your anticipated use and desired content of your website. You acknowledge that you have the necessary knowledge to create, modify and maintain your website. Mabuhay Hosting assumes no responsibility to provide you with such knowledge.

4b. You agree to comply with the requirements of the Digital Millennium Copyright Act (the "DMCA") and acknowledge that Mabuhay Hosting is a "service provider" under the DMCA and is therefore immune from liability under the DMCA, including 17 U.S.C. ? 512. Consistent with the DMCA, Mabuhay Hosting will accommodate standard technical measures used to identify and protect copyrighted works, and, as further described herein, Mabuhay Hosting has a policy of terminating accountholders who are repeat copyright infringers.

5. UNLAWFUL OF PROHIBITED USE
As a condition of your use of Mabuhay Hosting web services you warrant to Mabuhay Hosting that you will not use the Mabuhay Hosting web service for any unlawful purpose. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, international law, or by common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. Mabuhay Hosting reserves the right to remove such illegal material from the Mabuhay Hosting network servers immediately.

6. SERVER ABUSE
Any attempt to undermine or cause harm to a server, or customer is strictly prohibited. We also may move your site or request cancellation if you use a majority of system resources which affects other users.

6a. Refusal of Service: We reserve the right to refuse, cancel, or suspend service at our sole discretion.

6b. All accounts and customers using our services must adhere to all of our policies. Failure to follow any term or condition will be grounds for immediate account deactivation.

7. PASSWORD PROTECTED DIRECTORIES
Using password protected directories to conduct illegal activities is strictly prohibited. Sites that use password protected directories where their use is not clear are subject to suspension while we investigate the legality of the hidden content.

8. DOWNLOADABLE FILES
Collections of download files are not permitted on shared web servers because they slow the server down. A reasonable amount of download files can be permitted if you keep the file size under 2000 k. Downloadable files must be hosted on a download file server. Hosting accounts may not be used as a download distribution point for your software or media. They are to be used for standard web practices only.

9. OWNERSHIP
Mabuhay Hosting and WebsXtreme Hosting were merged on 20 April 2007 in order to provide the best competitive hosting solutions. The name Mabuhay Web Hosting & Development Services was chosen to be utilized. Mabuhay Hosting is owned and operated by IVAINS.com and was founded in 18 March 2007. Some transactions may be processed with either the 'IVAINS.com' or 'sales@mabuhayhosting.com' PayPal processor signature. Our official PayPal signature is 'cs@mabuhayhosting.com'.

10. TERMS OF PAYMENT
You agree to pay Mabuhay Hosting appropriate payment for the services received from Mabuhay Hosting, in advance of the time period during which such services are provided. Payment may be made by PayPal, 2CO, Smart Money, Globe GCash, EON or Union Bank Philippines bank deposit. Mabuhay Hosting accepts American Express, Discover Card, MasterCard and Visa through its payment processor PayPal or 2CO. You agree to provide Mabuhay Hosting with current billing and contact information and authorize Mabuhay Hosting to bill all account and related charges to the information on file. You further agree that until and unless you notify Mabuhay Hosting of your desire to cancel any or all services received, those services will be billed on a recurring basis. You agree that subscriptions will be billed and charged automatically.

* Delinquent accounts are those that remain unpaid at the next due date.

10a. Users (Shared Hosting & Resellers) will have fifteen (15) days of due period to make payment. After fifteen (15) days of due period your account is considered delinquent, Mabuhay Hosting will suspend your account and a 5% late fee will be assessed. After thirty (30) days of due period, Mabuhay Hosting will terminate your delinquent account. All files within the account will be deleted on termination and no backups will be made. Reactivation of a terminated account has a fee of $20.00 (Approximate Php1000) plus fees due at the time of termination and you will be responsible to upload your site with your own backup copy.

10b. Prices do not include domain registration.

10c. No receipts or invoices will be sent by regular snail mail. If you definitely require one, you will shoulder the mailing expenses.

10d. Philippine residents: All prices are EVAT Exclusive. Additional 12% EVAT is only applied for Philippine client's that require issuance of an official receipt.

10e. All accounts are setup and billed on an anniversary basis.

10f. Mabuhay Hosting reserves the right to change prices at any time. However, all existing customers and their current hosting account(s) will be covered by our guarantee price freeze. Domain registration, transfer or any setup fees are not included.

10g. All PayPal payments are to be made or converted into U.S. currency (USD).

10h. Philippine residents have the option to pay in local currency through the options provided by Mabuhay Hosting. Current options are Smart Money, Smart Padala, Globe GCash, EON and/or Union Bank Philippines bank deposit.

10i. If you wish to cancel your Web Hosting account, you must do so prior to your next due date to avoid being charged for additional month(s) of service. You may cancel your Mabuhay Hosting service(s) by login to your Client Area > Select 'My Hosting Packages' > View Details > Request Cancellation from within your Client Area which is located at http://www.mabuhayhosting.net/clients/.

10j. Mabuhay Hosting does not offer a prorated refund based on the early cancellation of your services. If you are on a multi-month payment interval and wish to cancel a service prior to the end of the term, you will forfeit any monies paid for the service(s). Once money has been received on an account, this account will be considered under contract for the service provided by Mabuhay Hosting for the term of agreement. This policy is in effect for all accounts at Mabuhay Hosting. This only applies if you have been with us more than 30-days.

10k. All VPS (Virtual Private Servers) and servers must be paid on-time! You are only allowed a 3-day grace period only from due date. Afterwards your account is considered overdue and will be suspended. This is a data center policy which is strictly enforced. We at Mabuhay will speak on your behalf if an extension is warranted only.

11. WEB SITE CONTENT
Full back-ups are made every two weeks. No guarantees are made of any kind, either expressed or implied, as to the integrity of these back-ups. Back-ups are made for server restoration purposes only. You (the client) are responsible for keeping a copy of your most current web site files as backup on a remote system. Mabuhay Hosting is not responsible for any lost files, information, or data. However, if any loss of data occurs due to an error of Mabuhay Hosting, Mabuhay Hosting will use reasonable efforts to recover the data from the last available backup at no charge to you. If data loss occurs due to your negligence in securing an account or due to an action on your part, Mabuhay Hosting will use reasonable efforts to recover the data from the most recent archive for a $20.00 (Php1000) fee.

12. USER RESPONSIBILITIES
You may not initiate sites that provide any of the following of the following content or links on the Mabuhay Hosting servers:

• Illegal use: Mabuhay Hosting's services may not be used for illegal purposes, or in support of illegal activities. Mabuhay Hosting reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil/international wrong doing.
• Pirated Software (Warez) or any software that is copyrighted and not freely available for distribution without cost. To include software cracks.
• Phreaking. Use of Mabuhay's Hosting services for tricking telephone system is prohibited.
• Archives. Mabuhay Hosting's servers will not be used to store music, video and program archives.
• Anarchy. The use of Mabuhay Hosting's service for political disorder and confusion is prohibited.
• Sexually explicit, obscene or pornographic content (whether in text or graphics) are prohibited.
• Speech or images that are offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability or otherwise) or that promote any illegal activity are prohibited.
• Collection of personal data (Web Spoofing): Use of the Mabuhay Hosting service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
• Graphic violence. Mabuhay Hosting's services will not be used to upload or display any clear and uncensored depiction of various violent acts.
• Mirrored sites. Use of Mabuhay Hosting's service as a file server that contains a duplicate set of files of another file server, thereby sharing the burden of distribution to ensure rapid availability of data when there is heavy demand is prohibited.
• Harm to minors: Use of the Mabuhay Hosting service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
• Threats: Use of the Mabuhay Hosting 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 Mabuhay Hosting service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
• Fraudulent activity: Use of Mabuhay Hosting 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."
• 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 commercial e-mail / Unsolicited bulk e-mail (SPAM): Use of the Mabuhay Hosting 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 Mabuhay Hosting account.
• E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending Mabuhay Hosting account.
• E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Mabuhay Hosting service is in violation of this TOS.
• Usenet SPAMing: Mabuhay Hosting has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
• Unauthorized access (Hacking): Use of the Mabuhay Hosting service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Mabuhay Hosting?s 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 Mabuhay Hosting account is subject to immediate termination.
• Copyright or trademark infringement: Use of the Mabuhay Hosting 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.
• Network disruptions and unfriendly activity: Use of the Mabuhay Hosting service for any activity which affects the ability of other people or systems to use Mabuhay Hosting 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. Unauthorized entry and/or use of another company and/or individual's account or service will result in immediate account termination. Mabuhay Hosting 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.
• Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
• Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
• Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Mabuhay Hosting services could result in suspension service.
• Third Party Accountability: Mabuhay Hosting subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.
• Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
• IRC networks: It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers found to be connecting to or part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the irc server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation will result in immediate account termination.
• Topsites: It is absolutely prohibited to run a topsite script on Mabuhay Hosting servers. Spammer sites will try to load the button.php applications in the site simultaneously at a certain time, causing the server to crash, and the network to be down.

12a. We will be the sole arbiter as to what constitutes a violation of this provision.

12b. You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by Mabuhay Hosting, including restrictions on services available with each service type, restrictions on certain features, and all other policies. You agree to abide by any and all future Mabuhay Hosting policy decisions. Mabuhay Hosting reserves the right to terminate any account that does not conform to these requirements.

13. ZERO TOLERANCE SPAM POLICY
Mabuhay Hosting takes a zero tolerance stance against sending of unsolicited e-mail, commonly known as SPAM. Any user who sends out spam will have their account terminated without notice, and may be charged a one time administration fine of one hundred ($100) dollars if we can show proof that the user sent the e-mail from our servers or network. Mabuhay Hosting reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. Mabuhay Hosting also reserves the right to make any such modifications in an emergency at our sole discretion.

14. HOSTING SERVICE PROVIDER'S RIGHTS
You agree that Mabuhay Hosting has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. Mabuhay Hosting reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. Mabuhay Hosting also reserves the right to refuse refunds in cases where Mabuhay Hosting believes abuse has taken place.

14a. Mabuhay Hosting reserves the right to monitor any and all communications through or with our facilities. You agree that Mabuhay Hosting is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.

14b. Mabuhay Hosting does not set a usage limit on our Private Hosting customers, however if a customer consumes large amounts of system resources, Mabuhay Hosting reserves the right to send an e-mail notice to the customer and set a limit on the customer's account.

14c. Any accounts that have more than 10,000 INODES (INODES=pages) are deemed to be a potential harm to the servers and should look at acquiring a VPS or Dedicated Server. We can help with this.

Prohibited: Sending more than 1000 Emails per day to your subscriber, or forum members. Using up more than 15% of the CPU usage per day. These are shared servers.

15. UPTIME GUARANTEE
Mabuhay Hosting offers a 99% Uptime Guarantee. That means your web site is guaranteed operational 99% of the time in any calendar month.

Mabuhay Hosting guarantee 99 service uptime allows for 45 minutes of (HTTP) service outage per month as defined here. Mabuhay Hosting will not be held responsible for Service Outages resulting from non Mabuhay Hosting operated equipment including, but not limited to, Internet NAP failures or congestion and backbone failures. Additionally, Mabuhay Hosting will not be held responsible for delays in the registration or transfer of a domain due to third party-related issues, for outages resulting from malfunctioning customer scripts or applications that are installed by the customer, or for unusual traffic spikes or "denial of service" attacks on customer web sites. We also have a strict Server Abuse policy to avoid this unwanted cases, and PRO-Actively check customer's website to assure a good hosting experience for EVERYBODY.

16. DOMAIN REGISTRATION
In connection with requesting that Mabuhay Hosting assist you with registration services, you represent and warrant the following: (a) the registration you have asked Mabuhay Hosting to make is not made with a "bad faith intent" (as that term is used in the Anticybersquatting Consumer Protection Act, 15 U.S.C. ? 1125(d)); (b) the Domain Name does not conflict with another domain name; (c) to your knowledge, the registration of the Domain Name will not infringe upon or otherwise violate the rights of any third party; (d) you are not seeking registration for an unlawful purpose; (e) you will not use the Domain Name to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, such as "netiquette"; and (f) you will not knowingly use the Domain Name in violation of any applicable laws or regulations, for any slanderous purposes, or in connection with the distribution or receipt of child pornography. It is your responsibility to determine whether the Domain Name registration infringes or violates someone else's rights. You represent and warrant that all information provided by you in connection with your Online Order form is complete and accurate. Mabuhay Hosting makes no representation or warranties of any kind regarding the availability, or the propriety of any use of, any Domain Name requested by you. Mabuhay Hosting does not represent or warrant that its services in connection with registration of the Domain Name will prevent challenges to the Domain Name or shield you in any way for liability for the use of the Domain Name.

16a. Mabuhay Hosting is bound to use ICANN's dispute policy if any person challenges the registration of the Domain Name you have selected (the "Dispute Policy"), which can be found at http://www.icann.org/dndr/udrp/policy.htm You agree that Mabuhay Hosting, in its sole discretion, may cancel, transfer, suspend or otherwise make changes to the domain registration if Mabuhay Hosting (a) is in any way involved in a proceeding in connection with the Dispute Policy, (b) receives any order from any court or arbitral tribunal threatening or requiring such action, or (c) determines that you have breached any of your representations and warranties in Section 1.2. You understand that Mabuhay Hosting has no obligation to defend you in the event any dispute arises in connection with the Domain Name.

16b. As consideration for Mabuhay Hosting's domain name registration services, you agree to pay all applicable registration fees and renewal fees. Such registration fees and renewal fees are non-refundable. You agree that Mabuhay Hosting will attempt to collect payment for a one year renewal of your domain name registration 30 days prior to its expiration date and renew your domain name accordingly, unless you select to 'Disable Auto Renew' through your Client Area > My Domains > View Details, located at http://www.mabuhayhosting.net/clients/. If Mabuhay Hosting is unable to collect payment for your domain name registration, your domain name registration will not be renewed. To renew your domain name manually, login to your Client Area located at http://www.mabuhayhosting.net/clients/.  If you do not pay the renewal fees by the time specified in the renewal notice, your registration will expire.  You agree that Mabuhay Hosting will have no liability whatsoever with respect to any such expiration and that Mabuhay Hosting may transfer the Domain Name in the event of any delinquency in payment.

17. SCHEDULED MAINTENANCE
Mabuhay Hosting will conduct routine scheduled maintenance of its Internet Data Centers and Internet Data Center Services. In the event a mission critical maintenance situation arises, Mabuhay Hosting may be required to perform emergency maintenance at any time. During these scheduled and emergency maintenance periods, Client's Equipment may be unable to transmit and receive data and Client may be unable to access the Client Equipment. Client agrees to cooperate with Mabuhay Hosting during the scheduled and emergency maintenance periods.

18. REFUND POLICY
Mabuhay Hosting will refund payments for the service within thirty (30) days of account activation, with the exception of setup fees, domain registration fees and additional options charges. No refunds will be issued after thirty (30) days, whether in full or prorated. All refunds will be issued back to the PayPal, Smart Money, Globe GCash, EON or Union Bank Philippines account within thirty (30) days of receipt of cancellation.

18a. Accounts terminated by Mabuhay Hosting for violation of the Terms of Service do not qualify for the 30-day money back guarantee. Account setup fees and domain registration fees are not refundable.

19. TERMINATION
Mabuhay Hosting may terminate this agreement and your access to any or all Mabuhay Hosting related services at any time, with or without cause, effective immediately. Mabuhay Hosting shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. Anyone determined by Mabuhay Hosting to have violated these Terms may be barred from receiving any services from Mabuhay Hosting.

19a. You may terminate this Agreement at any time via Client Area. You may not terminate the account via the telephone or e-mail, nor does simply canceling the PayPal subscription terminate an account. No refund shall be issued. All termination requests must be received by Mabuhay Hosting by midnight on the end of the current billing period in order to avoid paying for the next term's service. Account cancellations for accounts with a negative balance will be passed on to collections, and all services rendered to the party with the negative balance, including domain registrations, will be terminated.

20. DISCLOSURE TO LAW ENFORCEMENT
The TOS specifically prohibits the use of our service for illegal activities. Therefore, subscriber agrees that Mabuhay Hosting may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agency that requests such information, provided they posses the proper court-approved warrant, without consent or notification to the subscriber.

21. RELATIONSHIP OF THE PARTIES
Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.

22. DISCLAIMER OF WARRANTIES / LIMITATION OF LIABILITY
THE MABUHAY HOSTING WEB SERVICE PROVIDED IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MABUHAY HOSTING EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE MABUHAY HOSTING SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY MABUHAY HOSTING, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

22a. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL MABUHAY HOSTING, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE MABUHAY HOSTING WEB SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE MABUHAY HOSTING SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MABUHAY HOSTING RECORDS, PROGRAMS OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT MABUHAY HOSTING IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL SERVICES AVAILABLE FROM MABUHAY HOSTING AND ITS AFFILIATES.

22b. UNDER NO CIRCUMSTANCES, UNDER THE TERMS OF THIS AGREEMENT, SHALL DAMAGES INCLUDE LOSS OF BUSINESS, OR LOSS OF PROFITS WHETHER BASED ON BREACH OF AGREEMENT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE.

22c. THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.

23. COPYRIGHT AND TRADEMARKS
All contents of the Mabuhay Hosting Web Site are proprietary to Mabuhay Hosting, and/or its suppliers and are protected under Copyright. All rights are reserved. Mabuhay Hosting reserves any rights not expressly granted herein.

23a. Furthermore, Mabuhay Hosting retains all rights to the web design provided to you through the Mabuhay Hosting Web Services.

24. FORCE MAJEURE
If by reason of failures of telecommunications or internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond the control of Mabuhay Hosting, Mabuhay Hosting is unable to perform in whole or in part its obligations as set forth in this Agreement, then Mabuhay Hosting shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make Mabuhay Hosting liable to the User.

25. SEVERABILITY
If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

26. SURVIVABILITY
The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely - warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.

27. INDEMNIFICATION
You agree to defend, indemnify and hold harmless Mabuhay Hosting against any and all claims, losses, penalties, causes of action, damages, liability, costs, expenses (including but not limited to reasonable attorneys' fees) or claims caused by or resulting indirectly from your use of the Mabuhay Hosting service, without limitation or exception, including your violation of any third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with.

28. REMEDY
You agree that your sole and exclusive remedy to any issues relating to the Mabuhay Hosting Hosting Service is to discontinue using the Service.

29. ASSIGNMENT
In the event of a merger or consolidation of Mabuhay Hosting, the surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement.

30. ENTIRE AGREEMENT
Unless otherwise specified herein, this Agreement constitutes the complete and exclusive statement of the Agreement between the parties regarding the products and services provided hereunder, and supersedes any prior Agreements between the parties with respect thereto.

31. WAIVER
The failure of Mabuhay Hosting to enforce a provision of this Agreement shall not be construed as a waiver or limitation of Mabuhay Hosting's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

32. MODIFICATION OF TERMS
Mabuhay Hosting reserves the right to modify this policy at any time and without advance notice, effective upon making the modified provisions available on the Mabuhay Hosting Web Site. You are responsible for regularly reviewing these documents. Continued use of the Mabuhay Hosting Services after any such changes shall constitute your consent to such changes. Mabuhay Hosting does not and will not assume any obligation to notify you of any changes to these Terms.

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