Please read this agreement in its entirety.
All users of our service will be bound by this agreement, which
may be updated by us from time to time without prior notice.
This User Agreement (the 'Agreement')
governs the terms of the use by Client of services offered by Sugbu
Internet & Multimedia Services ('Provider').
Client agrees to receive access to Sugbu Internet & Multimedia Services services according to the following terms and conditions:
of Hosting Plan. Client
will select one of the hosting plans offered by Provider, and
agrees to receive services according to the hosting plan selected.
- Payment for
Services. Client will
pay for services provided under this Agreement by credit card
authorization provided to Provider, wire transfer, check delivery
or any other means acceptable to Provider. When initiating service,
Client will be charged the published setup fee for the hosting
plan selected, as well as a pro rated partial month charge according
to the hosting plan for the number of days remaining in the calendar
month from the time of initiation of service until the end of
the month in which service is initiated. On or about the first
day of every month thereafter, Client's credit card will be charged
for monthly payment for services according to Provider's published
schedule. If Client opt to pay by other means, said payment should
be received by Provider not later than the 1st day of each month.
If this Agreement is terminated on some day other than the last
day of the month, Client will be obligated to pay for only the
pro rata portion of the monthly service plan charge for the month
in which the service is terminated.
This Agreement may be terminated by Client or Provider at any
time without prior notice and without cause. If either party is
in default under this Agreement (including nonpayment), then the
nondefaulting party may also immediately terminate the Agreement
without prior notice to the other party.
with Law. Client will
use the services offered by Provider in a manner consistent with
all applicable local and national laws and regulations.
- File Back-up.
Provider is not responsible for Client's files residing on Provider's
servers. Client is solely responsible for independent backup of
data stored on Provider's servers.
of Publication of Certain Material.
Client shall not knowingly or unknowingly submit to Provider for
publication any of the following material (including pictures,
links, or any other content):
(a) any material which violates or infringes
any copyright, trademark, trade secret, patent, statutory, common
law or other proprietary rights of others;
(b) any material that is libelous or
(c) any material which is or contains
anything obscene or pornographic; or
(d) distribution lists to be used via
unsolicited electronic mail or other mass electronic mailings
including but not limited to: mass-newsgroup postings, SPAM
and unsolicited email sent from your server, or any other service
on the Internet, which contains your domain name or any other
domain name on our network
(e) Any abuse of shell account privileges
including but not limited to:
- Use of any program/script/command,
or sending messages of any kind, designed to interfere with
a users terminal session, via any means, locally or by the
- Attempts to circumvent the idle daemon
or time charges accounting, or attempts to run programs while
not logged in by any method.
- Repeated running of CPU-intensive
user-compiled programs which negatively impact other system
- Running eggdrop or any other IRC bot
which is connected to a remote IRC server.
Any violation of the above conditions
will result in termination of Client's account.
Due to the public nature of the Internet,
all material submitted by Client for publication will be considered
publicly accessible. Provider does not screen in advance Client's
material submitted to Provider for publication. Provider's publication
of material submitted by Client does not create any express
or implied approval by Provider of such material, nor does it
indicate that such material complies with the terms of this
OF WARRANTIES. PROVIDER'S
SERVICE IS PROVIDED ON AN 'AS IS, AS AVAILABLE' BASIS.
PROVIDER SPECIFICALLY DISCLAIMS ANY OTHER
WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PROVIDER
BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL
DAMAGES, EVEN IF PROVIDER HAS BEEN ADVISED BY CLIENT OF THE
POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF PROVIDER'S
SERVICE TO CLIENT IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON,
PROVIDER SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO
DISRUPTION OF SERVICE, BEYOND THE FEES PAID BY CLIENT TO PROVIDER
FOR SERVICES, DURING THE PERIOD OF DISRUPTION OF MALFUNCTION.
of Liability. Provider
is not liable for protection or privacy of electronic mail or
other information transferred through the Internet or any other
network provider or its customers may utilize.
Provider does not represent or warrant
to Client that Client will receive continual and uninterrupted
service during the term of this Agreement. In no event shall
Provider be liable to Client for any damages resulting from
or related to any failure or delay of Provider to provide service
under this Agreement if such delays or failures are due to strikes,
riots, fire, inclement weather, acts of God, theft or vandalism
or other causes beyond Provider's control, as defined by standard
practices in the industry. Such failure or delay shall not constitute
a default under this Agreement.
Client agrees to defend, indemnify and hold Provider harmless
from and against any and all claims, losses, liabilities and expenses
(including attorneys' fees) related to or arising out of the services
provided by Provider to Client under this Agreement, including
without limitation claims made by third parties (including customers
of Client) related to any false advertising claims, liability
claims for products or services sold by Client, claims for patent,
copyright or trademark infringement, claims due to disruption
or malfunction of services provided hereunder, or for any content
submitted by Client for publication by Provider, but excluding
those related to the negligence of Provider.
- Resale of
If Client acts as a 'reseller' of the services provided by Provider
to Client hereunder, by Client providing similar services to its
customers, then all the terms of this Agreement shall provide
to the resale. Without limiting the foregoing, Client's obligations
under Section 9 ('Indemnity') shall apply to any and all claims
made against Client and/or Provider which arise out of the resale
of Provider's services.
Law/Venue. This Agreement
shall be governed by the laws of the Republic of the Philippines.
Venue for any action hereunder shall be in Cebu City, Philippines.
of the Parties. The
parties intend that an independent contractor relationship will
be created by this contract, and that no partnership, joint venture
or employee/employer relationship is intended.
If any local or national governmental entity with taxing authority
over the services provided under this Agreement imposes a tax
directly on the services provided by Provider to Client under
this Agreement (excluding any income, business and occupation,
capital gain, death or inheritance, or other indirect taxes),
then Provider may pass the direct amount of such cost on to Client,
and Client shall promptly pay such cost.
Any party's failure to insist on compliance or enforcement of
any provision of this Agreement shall not affect its validity
or enforceability or constitute a waiver of future enforcement
of that provision or of any other provision of this Agreement.
Fees. If a legal proceeding
is commenced to enforce or obtain a declaration of rights under
this Agreement, the prevailing party in such proceeding shall
be entitled to recover its reasonable attorneys' fees and costs
incurred in the proceeding from the non-prevailing party, as well
as any reasonable attorneys' fees and costs that the prevailing
party incurred prior to commencing the proceeding.
- IP Addresses.
Provider maintains control and any ownership of any and all IP
numbers and addresses that may be assigned to Client and reserves
in its sole discretion the right to change or remove any and all
IP numbers and addresses.
In order to stop service, Client must select the cancellation
link provided in the member account modification area which can
be found here: http://cebu-online.com/hosting/cancel.html
The cancellation form can either be filled out online and submitted
or you may print and fax the completed form to the fax number
listed on the cancellation form.