Terms of Service
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Welcome to PhilWebServices.com website hosting services! This Hosting Agreement governs your purchase and use, in any manner, of all web site hosting services (collectively, the "Services") and describes the terms and conditions that apply to such purchase and use of the Services. You must register and accept the terms of this Agreement in order to use the Services.
PhilWebServices Global Solutions, Inc. continually seeks to provide its clients top quality technology and service in the most efficient way possible. We frequently upgrade our network, servers, and support to be able to offer optimum assistance and service.
PhilWebServices reserves the right to modify or change any of the terms and conditions contained in this Agreement, any policy and Addendum or guideline incorporated by reference at any time at its sole discretion. Any modifications made will automatically take effect upon posting of the revisions on the PhilWebServices website. Your continued use of services following the posting of changes or modifications will constitute acceptance of such revisions.
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1.
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Terms and Payment for Domain Registration and Hosting Services
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| 1.1 |
Term |
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This Agreement shall be for an "Initial Term" as chosen by you in the Order Form at the time you decide to register for the services. This agreement will be renewed at the end of the initial term for the same period agreed upon unless otherwise specified. |
| 1.2 |
Domain Registration Services |
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At Customer's request, PhilWebServices may acquire a Domain Name ("Domain Name"), [e.g. yourdomain.com] on behalf of the Customer. PhilWebServices provides this service as a convenience to the Customer only and you hereby waive any and all claims which you may have, or which may later arise, against PhilWebServices for any and all damages, losses, claims or expenses arising out of or related to the acquisition, registration and/or use of the Domain Name. Any costs incurred by PhilWebServices to obtain and/or maintain the Domain Name on your behalf shall be charged to you by PhilWebServices. Domain name registrations are non-refundable. As changes are no longer allowed after the registration request is submitted, customers should make a correct spelling check before buying their domain name. |
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| a. |
Request to Transfer Registration. |
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Only the Registrant of the Registration and Domain, the authoritative holder, may initiate a request to transfer the Registration from a particular registrar to PhilWebServices or from PhilWebServices to another registrar. Therefore, you hereby represent that you have the full and complete authority as the holder of the Registration and Domain to initiate any transfer, or as a contact listed on the current Registration, that you have been given full and complete authority by the Registrant to initiate the transfer. PhilWebServices, at its sole discretion, may require you to provide documentation that proves that the Registrant initiated and/or authorized the transfer request.
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| 1.3 |
Registration Information, Use, & Limitations |
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| a. |
Required Information. |
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As part of the Registration process, you must provide certain information. You must promptly update the information you provide, as is needed to keep it true, correct, accurate, current, and complete. You must provide the following information when registering your Domain. All account and billing information and notifications will be sent to the registered email address as indicated in the Order Form:
- The legal name and postal address of the Registrant (the Domain owner/holder);
- The Domain being registered;
- The full legal name, postal address, e-mail address, voice telephone number, and, when available, fax number of the administrative, technical, and billing contacts for the Domain;
- Any other data that may be required to be submitted, including specific information regarding the primary purpose for which a Domain is registered.
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| b. |
Failure to Provide Proper Information. |
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You acknowledge that if you provide any inaccurate information, or fail to update information promptly, you will be in material breach of this Agreement, which will be sufficient cause for cancellation of your Registration. You further agree that your failure to respond to inquiries made by PhilWebServices to the e-mail address of your administrative, billing, or technical contact will constitute a material breach of this Agreement, which will be sufficient cause for immediate cancellation of your Registration.
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| c. |
Disclosure and Use of Registration Information. |
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The Internet Corporation for Assigned Names and Numbers (ICANN) - the organization that assumes responsibility for domain name allocation, requires that we collect information during the domain name registration process.
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| d. |
Domain Expiry. |
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If at any time, your hosting payments become past due, despite PhilWebServices numerous notifications via email (to the most recently updated email address on file) with instructions on rectifying the situation, PhilWebServices holds the right to deny access to and/or de-activate the accounts hosted on our servers of which have unpaid past due balances.
After the Expiry Period, you agree that PhilWebServices may delete the Domain at any time thereafter or in which case you relinquish all rights and control over the Domain and Domain Services. The ability to redeem the Domain will be available to you for a period of eighty (80) days (the "Registrar Redemption Period") for a redemption fee equaling that charged for Domains that have been deleted and available for redemption at the Registry. You agree that this service is functionally equivalent to ICANN's or a registry's redemption grace period, which may normally occur after deletion. After the Registrar Redemption Period you agree that you have abandoned the Domain and you relinquish any and all rights that you may have had to the Domain to PhilWebServices.
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| 1.4 |
Transfer of Domains |
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PhilWebServices explicitly states that it does not allow or accommodate any request for change in name servers. For account holders who wish to transfer to another hosting provider, it is the sole responsibility of the client to initiate domain transfer as the discontinuation of our services relinquishes PhilWebServices from any existing liability and accountability. |
| 1.5 |
Email Attachment Size Restrictions |
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There is a 20mb restriction on sending and receiving attachments per email message. The total size of each email our customers can receive including headers, the body, and attachments is limited to 20 Megs.
If you have attachments larger than 20 Megs, please upload them to a subfolder of public_html on your account instead and create an FTP account in FTP Manager to provide access only to that subfolder for other people or you may upload to a password protected subfolder and provide the login and URLs to the other person(s). Your account can store as many email addresses and emails as your plan's limits will allow.
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| 1.6 |
Termination Policy |
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Should you decide to terminate your receipt of the services prior to the end of the initial term agreement, or before renewal, whichever is applicable, PhilWebServices will offer to refund full money back guarantee within the first 30 days of service, excluding setup fees and domain registration. However, should you decide to terminate after the first 30-day period, PhilWebServices will no longer refund any fees paid in advance. Furthermore, you will be required to pay 100% of the standard monthly charge for each of the remaining month in the term, unless if otherwise expressly provided in this agreement. Refunds do NOT apply to domain registration, dedicated servers, dedicated IP addresses, SSL certificates or domain registration related fees.
PhilWebServices reserves the right to refuse service to anyone at any time it deems appropriate or necessary. However, if in cases where we should decide to initiate termination of services with you, PhilWebServices specifically agrees to provide reasonable access to allow you to download any files which may still reside in the server or website. In no event shall PhilWebServices be held liable for any loss of data, any type of commercial damage, including but not limited to incidental, special, consequential or any other damages which may result from the termination of services. If in any case the termination was enforced due to violation that resulted in fees and damages on your behalf, no refunds shall apply and you will be held liable for such fees arising from damages incurred.
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| 1.7 |
Payment |
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All charges for services rendered by PhilWebServices must be paid in advance according to the current prices applicable. All payments should be made by direct charge through a credit or debit card upon entering this agreement. If you decide to pay debit or credit upon registration, you thereby give PhilWebServices the authority to charge your account to pay for any charges that may apply. As a client, you must notify PhilWebServices to your debit or credit account, including but not limited to cancellation or expiration of account, change in the billing address, or any other key information that may hinder PhilWebServices from charging your account.
Payment for the renewal of domain registration should be made on or before the expiration date. PhilWebServices will send out a notice to the account holder two weeks prior to the expiration date concerning the impending end of domain registration. It is the sole responsibility of the account holder to renew registration before the said date. PhilWebServices do not offer any extensions for delayed payments for domain registration renewal. Furthermore, we will not be held liable for the possible sale or transfer of ownership of expired domain name to another party due to general negligence on the part of the account holder.
In the event where you fail to settle payments, no additional charges will apply within the period of six month, after which the non-payment will constitute the termination of PhilWebServices. Furthermore, to settle full payment within five (5) working days after due date shall be deemed as a material breach of the agreement and PhilWebServices shall be free to impose in addition to any other remedy it may have the suspension or termination of service, which does not relieve from settlement of your past dues.
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| 1.8 |
Notices |
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Notice to PhilWebServices under this Agreement shall be give via electronic mail to the customer support email address: hosting@philwebservices.com. Notices to customer shall be given via electronic mail to the individual listed as the Primary Contact on the order form. Customer may change his/her contact details by a formal notice given to PhilWebServices. Failure to provide new and updated information may cause suspension or non-renewal of account.
Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. |
| 1.9 |
Chargebacks |
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If at any occasion, PhilWebServices has unintentionally made incorrect charges to your credit card, feel free to contact billing department for corrections. |
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2.
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The Use of Services
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| 2.1 |
Applicable Use Policy |
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The PhilWebServices Usage Policy governs the procedures and policies for use of its services. This usage policy is posted on PhilWebServices website and may be updated from time to time. Please carefully read through the use of our services. Should you use any of our services, it is understood that you concur to be bound to policies and terms of usage as well as modifications made hereto. PhilWebServices reserves the right to terminate your account upon violation of the said policies and guidelines stated on this agreement. |
| 2.2 |
Product and Material Requirements |
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Unless PhilWebServices have agreed to any prior agreement, it is your responsibility to ensure that all data and materials server-ready, or which is in a form that would no longer require any additional manipulations from PhilWebServices. We will not any effort to make any validations whatsoever of any information for web content, as well as its accuracy and usability. |
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If your content is not server-ready, PhilWebServices reserves the right to reject such material and we will provide notification on the details of its refusal as well as the opportunity to modify or amend the material in order to satisfy the requirements of PhilWebServices. It is further understood that the use of services will require a certain degree of knowledge in the use of Internet protocols, languages and software. However, the level of knowledge may vary depending on the anticipated desired content and use of your website. You must have the, necessary expertise and knowledge in creating and maintaining a website as it is no longer our responsibility to provide assistance or customer support outside of the services offered to you. |
| 2.3 |
Bandwidth and Storage Usage |
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Customer agrees that disk usage and bandwidth shall not exceed the limit set out per month for the type of service package ordered by the customer. PhilWebServices will closely monitor bandwidth and disk usage and shall have the right to take corrective action if customer's bandwidth or disk usage exceeds the agreed limit Such corrective action may include the discontinuance or disconnection of any and all hosting services, or termination of this agreement, such actions may be taken is in PhilWebServices' sole and absolute discretion.
In the event PhilWebServices' takes any corrective action, the client shall not be entitled to a refund of any fees paid in advance prior to such action. Bandwidth usage is based on a calendar month and will reset on the 1st of each month, regardless of the customers billing cycle date. By default all client accounts are 'hard-locked' at their plan limits which will mean temporarily suspension since PhilWebServices does not offer additional bandwidth. Should the client decide to require greater bandwidth and disk space, we offer hosting upgrades as the most viable option available.
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| 2.4 |
Pornography |
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PhilWebServices exercises zero tolerance on pornography that explicitly violates federal, state, local or international law. This include, but not limited bestiality, child pornography, hardcore pornography and others that are not allowed by law. We do not seek to abridge the rights of our clients and users, but we actively uphold all laws that are applicable to content sites hosted by our servers or network. |
| 2.5 |
Content |
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All services provided may only be used for lawful purposes. The customer agrees to indemnify and hold harmless PhilWebServices from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account.
Examples of unacceptable material includes:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice. |
| 2.6 |
Password Protection |
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Upon commencement of service contract, PhilWebServices will turn over administrative username and password, which will be kept in your confidence all throughout the contract term. The Client is responsible for all use of the Client's account(s). PhilWebServices may change access passwords if Client's password is stolen, lost or otherwise compromised or requested by the Client.
In addition, Client's password and/or file permissions may be changed if PhilWebServices believes it compromises server security. For security purposes, new account information will be sent only to the registered email address as provided in the order form. PhilWebServices is not liable for any damages, usage, and/or charges incurred due to compromised and/or abused accounts. |
| 2.7 |
Suspension |
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We specifically reserve the right to suspend service to your account at our discretion upon non-payment of services, violation of the agreement, and by request of legal authorities with proper legal documents. This suspension will occur for the absolute minimal time possible until the issue at hand is properly resolved. For suspended accounts due to non-payment, the domain will be parked on our server for 30 days. After which, the account will be terminated. |
| 2.8 |
Service Interruptions |
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You, as customer fully understand and agree that temporary and occasional interruptions of services may occur. We agree to exercise reasonable care and precaution to effectively prevent such occurrences. However, it should be further understood that under no circumstance PhilWebServices be held liable for any type of damages and financial charges arising from such interruptions. In no event shall PhilWebServices be liable to any client or person for any special, consequential, punitive and incidental damages of any kind, including, but without limitation to loss of profits, refunds of fees and cost of replacement of services. |
| 2.9 |
Server Maintenance |
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PhilWebServices will conduct routine scheduled maintenance of its Internet Data Centers and Internet Data Center Services. In the event a mission critical maintenance situation arises, PhilWebServices 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 PhilWebServices during the scheduled and emergency maintenance periods. |
| 2.10 |
Server Abuse |
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PhilWebServices does not allow mass email marketing. We reserve the right to shutdown such sites that we consider harmful to the server's performance. Furthermore, PhilWebServices is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email.
We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of groups, posting obscene or threatening messages while using or referring to a PhilWebServices email address or website URL is prohibited. |
| 2.11 |
Abuse of the law |
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PhilWebServices hosting services may be used for lawful purposes only. Illegality includes but is not limited to: drug dealing; attempting without authorization to access a computer system; pirating(distributing copyrighted material in violation of copyright law, specifically MP3s, MPEG's, ROMs, and ROM emulators);gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating International export restrictions; stalking; or violating other state or federal law such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited. PhilWebServices reserves the right to check system files, email, and other data on our servers for illegal content and materials, or for any other reasons deemed necessary. |
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3.
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Enforcement
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| 3.1 |
Investigation of Violation |
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PhilWebServices reserves the right to conduct investigation on any suspected or reported violation of this agreement, its policies and complaints and consequently, PhilWebServices will take any action it deems reasonable and appropriate under the circumstance to protect its facilities, systems, customers and third parties. However, PhilWebServices will not access or review email contents or any similarly stored electronic communications except as permitted or required by applicable by legal process. |
| 3.2 |
Disclosure Rights |
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To be able to comply with lawful governmental requests and applicable laws as well as to protect PhilWebServices clients and systems, and/or to ensure the operation and integrity of our business, PhilWebServices may disclose and access any information it considered appropriate and necessary including but not limited to user profiles, usage history, IP addressing and traffic information as well as content residing in our servers and systems. Furthermore, PhilWebServices also reserves the right to report any suspected activity that violates regulation or law to appropriate enforcement agencies, third parties and regulators. |
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4.
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Intellectual Property Right
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| 4.1 |
Investigation of Violation |
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You hereby grant To PhilWebServices Global Solutions Inc. a worldwide, non-exclusive and royalty-free license for the Initial Term as well as any Renewal Term to make use of your content to any purpose it deems necessary for purposes of operating and rendering the services under this agreement. You expressly grant PhilWebServices a license to cache content and materials supplied by third parties and further agree that such caching is not an infringement to your intellectual property rights. |
| 4.2 |
PhilWebServices Hosting Materials and Intellectual Property |
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All content and materials, without limitation to any software (source code and object code form), information and data provided by PhilWebServices or its agents and suppliers pursuant to this agreement as well as methodologies, know-how, processes and equipment that are used by PhilWebServices in order to provide its services to you, including patents, trademarks trade secrets and any other proprietary rights will remains as exclusive and sole property of PhilWebServices Global Solutions Inc. Unauthorized copy, decompiling, reverse engineering and creation of derivative works are expressly forbidden expect as permitted in this agreement. You may be held responsible for patent rights, trade secrets and copyright that is caused to abide by the terms of this agreement. |
| 4.3 |
Trademarks |
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You hereby grant to PhilWebServices limited right to use your trademarks, if any, for the limited purpose of permitting us to fulfill its duties under this Agreement. This right does not include sub-licensing use of trademarks or the use of your trademark with any other services and products that are outside the scope of services that are provided under this agreement. |
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5.
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Disclaimer of Warranties
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PhilWebServices specifically disclaims all implied warranties, which includes but not limited to the implied warranties of fitness and merchantability for a particular purpose. Except in cases provided in this agreement, any written materials or information by PhilWebServices, whether disseminated or distributed before or after the date of this agreement shall not in any way create any implied or express warranties, contractual obligations or guarantee of performance. PhilWebServices also reserves the right to make changes on the pricing rates of its services for no reason or at any time. |
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Limitation of Liability
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Employees PhilWebServices' liability, including for purposes of this paragraph, any of its agents, and representative to its customers for any claim that may arise or relate to the service orders or this agreement or any other provisions of any of the company's services under the service order shall only be limited to amount of fees paid by the client to PhilWebServices under this agreement within the period of one year preceding the date the client contends its claim arose. The said limitation will still apply even if PhilWebServices has been advised or is aware of the possibility of such damages. |
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Indemnification
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You, as a client will defend, hold harmless and indemnify PhilWebServices and its officers, shareholders, agents, consultants, affiliates and suppliers from any actual and threatened claims, causes of action, demands, proceedings, suits, damages, liabilities and cost of expenses of any nature, including court costs and attorney's fees, incurred or sustained asserted against any firm, person, government authority and any other entity arising out of your violation or breach of any term agreement, representation, condition or any other applicable guideline or policy. This indemnification also includes your conduct, gross negligence or willful misconduct, your use of services for illegal use, or claims made by your former employee that may have any connection with or as a result of the execution of this agreement.
Any form of violation of the above stated policies will result in the immediate suspension of services and/or termination of your service. By entering into a contract with PhilWebServices, you expressly agree to be bound to the terms, policies and conditions. |
All rights reserved.
