TERMS AND CONDITIONS

Welcome to myHome, the exclusive portal to the various services offered by the Home Group of the PLDT Group found at (www.pldthome.com/account) ("myHome portal") owned and operated by Philippine Long Distance Telephone Company (PLDT) as part of the PLDT Home website (“Site”) found at www.pldthome.com. In addition to the Content and the services provided by PLDT through the myHome portal ("Services"), myHome may provide you with various opportunities to submit information, content and participate in various Services.

BY USING THIS SITE AND AVAILING OF THE SERVICES OFFERED, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THE FOLLOWING TERMS AND CONDITIONS FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR SITE AND ANY AFFILIATE WEBSITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL BE TAKEN AS YOUR ACCEPTANCE OF THE AMENDED TERMS AND CONDITIONS

  1. Description. Through myHome, you will be able to access all of your accounts with the Home Group, site services and applications through the use of a single Username and Password. You can log in once and gain access to all systems without being prompted to log in repeatedly. myHome users don’t need to remember multiple passwords to access the different systems or applications available.
  2. Registration, Passwords and Security. You guarantee that the information you will provide to us through the myHome portal, shall be: (a) true, accurate, current and complete and (b) shall be maintained and promptly updated to keep it true, accurate, current and complete. If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current or incomplete, we may, without notice, suspend or terminate your access to the Site and refuse any and all current or future use of our Site (or any portion thereof).

If any portion of our Site requires you to register or open an account, you may also be asked to choose a username and a password. Please select a password that would not be obvious to someone trying to guess your password, and change it regularly as an added precaution. You are responsible for maintaining the confidentiality of the unique username and password combination, and you are fully responsible for all activities that are performed using your username and password combination. You agree to immediately notify myHome of any unauthorized use of your account or any other breach of security. Without limiting any rights which myHome may otherwise have, myHome reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Sites and your account, including without limitation, terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, myHome may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall myHome be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of myHome under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password. You may not use anyone else's account at any time, without the permission of the account holder.

The security of your personally identifying information is important to us. While there is no such thing as "perfect security" on the Internet, we will take reasonable steps to help ensure the safety of your personally identifying information. However, you understand and agree that such steps do not guarantee that use of the Site is invulnerable to all security breaches, and that myHome makes no warranty, guarantee, or representation that use of any of our Site is protected from viruses, security threats or other vulnerabilities.

  1. Password Reset. As the account user, you are solely responsible for your password. In case you forget your password, you may reset it by supplying your authorized email address or any of your linked Service Reference Numbers. A password reset instruction shall be sent to your email address. When you visit the unique link to reset your password, you will be asked to enter you new Password and to retype this new Password.
  2. Account Verification. You shall have a specified number of hours to verify your account. Verification instructions shall be sent to your email address.
  3. Log-in and using myHome Account. You shall login using any of your verified username and password combinations.
  4. Security Policy. To protect you from susceptibility of internet risks while retaining customer information confidentiality, myHome is equipped with the following security mechanisms to safeguard your transactions with us:

128 Bit SSL. Secured Socket Layer (SSL) is a security protocol specifically created to protect Web-based online transactions. It provides an encrypted link when you communicate with us to ensure that the information submitted between myHome and your end is secure.

VeriSign. On top of SSL, myHome is verified by VeriSign. VeriSign is the leading Secure Sockets Layer (SSL) Certificate Authority enabling secure e-commerce, communications, and interactions for Web sites. VeriSign is the trusted provider of Internet infrastructure services for the digital world.

  1. Force Majeure. Neither myHome nor the PLDT Group shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond its reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including, without limitation, strikes, slowdowns, picketing or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
  2. DISCLAIMERS. YOUR USE OF THIS PORTAL AND SERVICE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY. WHILE WE TRY TO OUR BEST TO PROVIDE THE MOST ACCURATE AND UP TO DATE INFORMATION, PLDT DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. SOME INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND PLDT DOES NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
  3. LIMITATIONS OF LIABILITY. myHome does not assume any responsibility for, and will not be liable for, any damages to, or any viruses that may infect your computer, telecommunication equipment or other property caused by or arising from your access to, use of, or browsing this Web site, or your downloading of any information or materials from this Web site. We do not guarantee continuous, uninterrupted or secure access to the Site or Services, and operation of the Site may be interfered with by numerous factors outside of our control. IN NO EVENT WILL MYHOME, OR ANY OF THE OFFICERS, DIRECTORS, BOARD OF TRUSTEES, EMPLOYEES, SPONSORS, SHAREHOLDERS, AGENTS, SUCCESSORS OR ASSIGNS OF THE PLDT GROUP, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SERVICE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SERVICE, ANY WEB SITES LINKED TO THIS WEB SERVICE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT PLDT SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEB SERVICE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SERVICE.
  4. Indemnity. You agree to defend, indemnify and hold myHome and the PLDT Group harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or in connection with: (a) the use of the Site or the Internet or your placement or transmission of any message or information on this Site by you or your authorized users; (b) your violation of any of these Terms and Conditions, including without limitation, your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (d) your violation of any law, rule or regulation of the Republic of the Philippines or any other country; (e) any claim or damages that arise as a result of any User Submission that you provide to myHome; or (f) any other party's access to and use of the Site with your unique username, password or other appropriate security code.
  5. Release. In the event that you have a dispute with one or more other users of the Site, you release myHome and the PLDT Group (and our officers, directors, board of trustees, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
  6. Applicable Laws and Venue - This Site and the Services made available through it is created and controlled by PLDT in the Republic of the Philippines. The laws of the Philippines will govern these Terms and Conditions (without giving any effect to the principles of conflicts of laws) as such laws are applied to agreements entered and to be performed entirely within the Philippines by its residents. Any action to enforce these Terms and Conditions will be brought exclusively in the Philippine courts in Makati City, and all parties expressly agree to be subject to the jurisdiction of such courts. This Site is controlled and operated by PLDT from its offices within the Philippines. PLDT makes no representation that materials in this Site are appropriate or available for use in other locations, and does not guarantee access to them in territories where any of the contents of this site are illegal or prohibited. If you choose to access this Site and the Service from other locations, you do so on your own volition and are responsible for compliance with any applicable local laws.
  7. General. Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the Republic of the Philippines. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall be enforced. You agree that these Terms and Conditions and all incorporated agreements may be automatically assigned by PLDT in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement between us with respect to the subject matter hereof. 15 (Limitations of Liability), 16 (Indemnity), and 17 (Release) shall survive any termination or expiration of these Terms and Conditions, your access to the Site or use of the Services.
  8. Entire Agreement. These Terms and Conditions are the entire agreement between the user and PLDT and supersede any prior understandings or agreements (written or oral). If you do not agree to these Terms and Conditions, please log-off and do not continue accessing the Site.
  9. Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us through the email address provided in the Contact Us Page.
  10. Copyright Notice. All Web site design, content, graphics, text selections, arrangements and all software are Copyright © 2013, Philippine Long Distance Telephone Company ALL RIGHTS RESERVED.

 

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PRIVACY POLICY

myHome is committed to providing the Subscriber with the highest levels of customer service, and this includes protecting the Customer’s privacy.

To accomplish this, myHome created a comprehensive Privacy Policy (“Privacy Policy”) that governs all information collected on or submitted to  www.pldthome.com (the “Site”). By accessing, browsing or using the Site, the Subscriber acknowledges that it has read, understood, and agreed to the terms and conditions of the Privacy Policy.

1.        MYHOME’S PRIVACY POLICY AND ITS SERVICES

1.1.      This Privacy Policy is only applicable to the Site and not to any other sites or the Services which the Subscriber may be able to access from the Site which may have data collection, storage, and use practices and policies that differ materially from this Privacy Policy.

1.2.      The Subscriber shall be required to provide certain information to myHome in order to access the Site and avail of the Services therein. 

2.        INFORMATION COLLECTION AND USAGE

2.1.      Non-Personal and Aggregated Information.  myHome shall automatically log in general data about the Subscriber which will allow myHome to continually monitor and improve the Site.

2.1.1.    Cookies

2.1.1.1.    Definition.  Cookies are files that are transferred from a Web site to the user’s computer’s hard drive that contain certain information such as the User ID, user preferences, the pages the user has visited, and the activities the user performed while using the Site.

2.1.1.2.    While the Subscriber may have the option of choosing whether or not to accept cookie files, as well as deleting cookies from the hard drive, myHome cannot guarantee that not accepting the cookie file will allow the Subscriber to navigate the Site successfully or will be able to access all the features of the Site.   myHome will be using cookie files for online purchasing and the customized presentation of the Site’s web pages.  The cookies, however, will not be used to retrieve information from the Customer’s computer that was not originally sent in the cookie, nor will the information transferred through cookies be used for any promotional or marketing purposes, with the exception of those expressly set forth in this Privacy Policy.

2.1.1.3.    Some of myHome’s partners may use cookies to provide myHome with anonymous data and information regarding the Customer’s use of the Site.  myHome does not have access or control over those cookies and this Privacy Policy does not cover the use of third party cookies.

2.1.2.    Traffic Data

2.1.2.1.    myHome shall automatically track and collect the following categories of information when Customers visit the Site: IP addresses, domain servers, types of computers accessing the Site, types of web browsers used to access the Site, referring source which may have sent the Subscriber to the Site, and other information associated with the interaction of the Customer’s browser and the Site (“Traffic Data”).

2.1.2.2.    myHome undertakes not to link information from the Traffic Data to the Personal Information without the Customer’s permission.

2.2.      Personal Information.

2.2.1.    As a user of the Site, certain personal information shall be required by myHome prior to the grant of a User ID which shall be the Customer’s means of accessing and availing of the Services therein.  The personal information shall include, but shall not be limited to, the following: name, date of birth, previous and current mailing addresses, telephone number/s, mobile phone number/s, email address, credit card details, employer, occupation/position, marital status, birth date, and myHome account number/s.

2.2.2.    The personal information myHome obtains from the Subscriber may be used to verify the Customer’s identity; assist the Subscriber in subscribing to the Services available on the Site; provide the Services required by the Customer; administer and manage the Services provided, including charging, billing and collecting debts; Inform the Subscriber of ways the Services provided could be improved; conduct appropriate checks for credit-worthiness and for fraud; research improvements and further develop the Services; gain an understanding of the Customer’s telecommunication needs in order for myHome to provide the Customer with better Services; and maintain and develop our business systems and infrastructure, including testing and upgrading of these systems.

2.2.3.    Any time the Subscriber submits personal information for a specific purpose using the Site, the information provided shall be used for that purpose only, unless the Subscriber consents otherwise or as required by law.  The Subscriber further acknowledges that personal information submitted to myHome on the Site may be transferred across national boundaries and may be stored and processed in another country, which may not provide privacy protections similar to those the Subscriber’s country provides.

2.3.      Email. The Subscriber understands that myHome will communicate with the Subscriber via email to continually update him of current offerings of the PLDT Group. Thus, the Subscriber should expect to receive regular emails from myHome, which emails shall include replies to e-mail messages sent by the Subscriber, confirmation of product or service orders placed online and to engage in other communication authorized by the Subscriber or that which myHome has determined as necessary to more effectively provide Services to its Subscribers. The Subscriber may, at any time, choose to unsubscribe from myHome’s mailing list.

2.4.      Use of Information

2.4.1.    myHome shall use the information to customize and tailor the Subscriber’s experience on the Site, in emails, and in other communications.

2.4.2.    In many cases, the Subscriber may choose the amount of information it will supply to myHome.  There may be instances, however, where myHome will require the Subscriber to provide certain information, and in such cases, where the Subscriber refuses to provide such mandatory personal information, myHome may refuse to provide the Service requested.

2.4.3.    The information which myHome has in its records may be used by it to protect its customers, employees, or property.  In some cases, it may be necessary to provide this information to the government or third parties who make a lawful demand for it.

2.4.4.    myHome reserves the right to share the information obtained with other members of the  Group of Companies (“PLDT Group”) to equip the PLDT Group with a better understanding of its customers’ product and service needs, and to learn how to best design, develop, and package products and services to meet those needs.

3.        INFORMATION SHARING AND DISCLOSURE

3.1.      Certain Services offered to the Subscriber through the Site maybe served on websites hosted and operated by organizations other than myHome (“Third Party Contractor Website”).  myHome shall not disclose the Subscriber’s Personal Information to these Third Party Contractor Websites without the Subscriber’s consent, but the Subscriber should be aware that any information disclosed by the Subscriber once it accesses these other websites shall not be subject to this Privacy Policy.   It shall be the Subscriber’s responsibility to review the privacy policy posted on any other website to understand how that Third Party Contractor Website collects and uses the Subscriber’s personally identifiable information.

3.2.      myHome may share the non-personal, aggregated information with its customers, partners, and their third parties. Aggregated information is not linked to any Personal Information.

3.3.      In order to deliver the Services required by the Subscriber, myHome may be required to disclose the Subscriber’s personal information with its affiliates and/or business partners or to organizations outside of myHome.  myHome guarantees that the Subscriber’s personal information is disclosed to these organizations only in relation the provision of Services. These organizations may carry out customer inquiries, mailing operations, billing and debt-recovery functions, information technology services, installation, maintenance and repair services, marketing, telemarketing and door-knocking services, market research, and website usage analysis.

3.4.      Unless myHome is able to obtain the Subscriber’s permission or the disclosure is required by law, myHome shall only share the Personal Information provided by the Subscriber through the Site with its affiliates and business partners or to third-party organizations engaged by myHome to act in its behalf. myHome reserves the right to disclose customer information to the extent authorized by government statutes.

3.5.      myHome reserves the right to disclose the Subscriber’s personal information to its authorized representatives or legal advisers (if requested in writing), credit-reporting and fraud-checking agencies, credit providers (for credit related purposes such as credit-worthiness, credit rating, credit provision and financing), myHome’s dealers, related companies, professional advisers, including its accountants, auditors and lawyers, government and regulatory authorities and other organizations, as required or authorized by law, and organizations who manage myHome’s business and corporate strategies, including those involved in a transfer/sale of all or part of myHome’s assets or business (including accounts and trade receivables) and those involved in managing myHome’s corporate risk and funding functions (e.g. securitization), and collection agencies when customers do not pay their bills.

3.6.      myHome’s business partners shall be bound to uphold the same standards of security and confidentiality that myHome has committed to the Subscriber under this Privacy Policy, and these business partners shall only use the Contact Data and other Personal Information to carry out their specific business obligations to myHome and to provide the Subscribers with Site related services.

4.        DATA SECURITY

4.1.      The Personal Information collected is stored on a secure, password-protected server, and only authorized personnel shall have access to the Subscriber’s Personal Information.  myHome uses industry-standard encryption technologies with respect to the receipt and transfer of the Subscriber’s Personal Information submitted through the Site.

4.2.      Owing to the nature of the internet, myHome cannot guarantee and has no control over the public or third party network through which the Subscriber sends its Personal Information to myHome's Site.

4.3.      myHome requires employees to keep customer information confidential and myHome employees shall be held accountable for their actions.

5.        CHILDREN'S PRIVACY

5.1.      Protecting the privacy of children is especially important. For that reason, myHome shall never collect nor shall it maintain information on the Site from those below the age of eighteen (18), provided that myHome is aware of the user’s age.  myHome shall not knowingly collect any personally identifiable information from children.

5.2.      No part of the Site is structured to attract anyone under 18 and is intended for a general audience.

6.        EXTERNAL LINKS

6.1.      The Site provides hyperlinks which, when clicked, will either redirect the user to another place within the document, to another document altogether, or to other Web sites not controlled by myHome. These websites may contain privacy provisions that are different or inconsistent from those provided herein and myHome shall not be responsible for the collection, use or disclosure of information collected through these third-party web sites, and myHome expressly disclaims any and all liability related to such collection, use, or disclosure.

7.        INFORMATION MODIFICATION

7.1.      myHome shall honor requests from the Subscriber to correct or amend its account information. To protect the Subscriber’s privacy and security, myHome shall take reasonable steps to verify the Subscriber’s identity before granting access to the Personal Information to be modified or corrected.

8.        PRIVACY POLICY CHANGES

8.1.      myHome reserves the right, at any time, to add to, change, update, or modify this Privacy Policy.  It shall be the Subscriber’s obligation to review the Privacy Policy frequently.

8.2.      Changes to the Privacy Policy shall be posted on the Site and such posting shall be the only manner in which the Subscriber shall be informed of such changes. 

8.3.      In all cases, the use of information submitted through the Site or collected by myHome shall be subject to the Privacy Policy in effect at the time such information is collected.

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ACCEPTABLE USE POLICY

PLDT and its subsidiaries and affiliates (collectively, "PLDT Group") have formulated this Acceptable Use Policy ("AUP") in order to encourage the responsible use of PLDT's networks, systems, services, web sites and products (collectively, the " Services") by their subscribers and other users of the various Services offered by myHome (collectively, "Subscribers"), and to enable the PLDT Group to provide its Subscribers with secure, reliable and productive services.

PLDT reserves the right to modify this AUP at any time. Such modifications will be effective as soon as they are posted online at www.pldthome.com/account when posted. Any use of the Services after such modification shall constitute acceptance of such modification.

This AUP includes by reference the terms and conditions and policies, including the Terms and Conditions and Privacy Policy, that are referenced here and in the myHome website (“Site”).  In accepting the Services offered, the Subscriber agrees and warrants that it shall not use (or plan, encourage or help others to use) the Services for any purpose or in any manner that is prohibited by this AUP, law, regulation, or other prohibition. It shall be the Subscriber’s responsibility to ensure that its use of the Services complies with this AUP.

While it is not the PLDT Group’s intent to control or monitor the Customer’s online experience or the content of its online communications, the PLDT Group reserves the right to edit or remove content that it may deem to be in violation of the AUP or believe to be harmful or offensive. This AUP applies to all aspects of the Services, including the use of e-mail, chatting, and browsing.

PROHIBITED CONDUCT

IN GENERAL

The Services must be used in a manner that is consistent with the intended purpose of the Services and may be used only for lawful purposes. The Subscriber shall not use the Services in order to transmit, distribute or store material: (a) in violation of any applicable law or regulation, including export or encryption laws or regulations; (b) that may adversely affect Services or the other subscribers of the PLDT Group; or (c) that may expose the PLDT Group to criminal or civil liability. The Subscriber is prohibited from facilitating the violation of any part of this  AUP or another provider's AUP, including, but not limited to transmitting, distributing, or otherwise making available any product or service that violates this AUP or another provider's AUP.

Use of the Services for transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law or regulation (including, where applicable any tariff or treaty) is prohibited. This includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory, or otherwise unlawful. The PLDT Group complies with all applicable laws including providing notice to designated agencies.

I.                     INAPPROPRIATE CONTENT

The Subscriber shall not use the Services to transmit, distribute or store material that is inappropriate, as reasonably determined by PLDT, or material that is obscene (including, but not limited to, pornography), defamatory, libellous, threatening, abusive, hateful, or excessively violent.

II.                    INTELLECTUAL PROPERTY

Materials accessible through the Services may be subject to protection under privacy, publicity, or other personal rights and Intellectual Property Rights, including but not limited to, copyright and laws protecting patents, trademarks, trade secrets or other proprietary information. The Subscriber shall not use the Services in any manner that would infringe, dilute, misappropriate, or otherwise violate any such rights. If the Subscriber shall be using a domain name in connection with any of the Services, the Subscriber warrants that the domain name in use shall not violate the trademark, service mark, or other rights of any third party.

III.                  HARMFUL CONTENT

The Subscriber shall not use the Services to transmit, distribute or store material that may be harmful to or interfere with the Services or any third party's networks, systems, services, or websites. Such prohibited harmful content includes, but is not limited to, viruses, worms, password-cracking programs or Trojan horses.

IV.                  FRAUDULENT/MISLEADING CONTENT 

The Subscriber shall not use the Services to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations. In addition, the Subscriber is prohibited from submitting any false or inaccurate data on any order form, contract or online application, including the fraudulent use of credit cards.

V.                   EMAIL AND UNSOLICITED MESSAGES

The Subscriber shall not use the Services to transmit unsolicited e-mail messages, including, without limitation, unsolicited bulk email, where such emails could reasonably be expected to provoke complaints ("spam"). Further, the Subscriber is prohibited from using the service of another provider to send spam to promote a site hosted on or connected to the Services.

In addition to the foregoing, the Subscriber shall not use the Services in order to:

(a) send e-mail messages which are excessive and/or intended to harass or annoy others,

(b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them,

(c) send e-mail with forged TCP/IP packet header information,

(d) send malicious e-mail, including, without limitation, "mailbombing",

(e) send or receive e-mail messages in a manner that violates the use policies of any other Internet service provider, or

(f) use an e-mail box exclusively as a storage space for data.

OTHER PROHIBITED ACTIVITIES

The following activities are also prohibited:

  • Attempting to intercept, redirect, or otherwise interfere with communications intended for others.
  • Intentionally transmitting files containing a computer virus or corrupted data.
  • Resale of Services, unless expressly authorized in a separate written agreement with PLDT.
  • Harassment, whether through language, frequency, or size of messages.
  • Furnishing false or incorrect data to PLDT on written or online applications, contracts, or other materials or information provided to PLDT, including fraudulent use of credit card numbers or "bill to" telephone numbers.
  • Attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization, or other methods to document use of the Services.
  • Any other inappropriate activity or abuse of the Services (as determined by PLDT in its sole discretion), whether or not specifically listed in this AUP, Terms of Use or Privacy Policy.

FILTERS 

Filters against particular networks or traffic types are generally available from a variety of sources. In certain circumstances and for an applicable fee, PLDT may be able to install other filters upon the Subscriber's request.

CONFIGURATION

Should the system allow for self-service configurations or where self-service is highly encouraged, the Subscriber shall be responsible for configuring its own systems to provide the maximum possible accountability. PLDT shall not be liable for any damage caused by such system configurations regardless of whether such configurations have been authorized or requested by PLDT.

UNAUTHORIZED ACCESS/INTERFERENCE

The Subscriber may not attempt to gain unauthorized access to, or attempt to interfere with or compromise the normal functioning, operation, or security of any network, system, computing facility, equipment, data, or information. The Subscriber may not use the Service to engage in any activity that may interfere with the ability of others to access or use the Service or the internet. The Subscriber may not use the Service to monitor any data, information, or communications on any network or system without authorization from PLDT or the appropriate party. The Subscriber may not attempt to gain unauthorized access to the user accounts or passwords of other Subscribers.

The Subscriber is responsible for educating himself and configuring his system with, at the very least, basic security protection from external hacks. Should the Subscriber's system be violated, the Subscriber shall be responsible for reporting the violation and fixing the exploited system. For instance, should a site be abused to distribute unlicensed software due to a poorly configured FTP (File Transfer Protocol) Server, the Subscriber is responsible for re-configuring the system to stop the abuse.

The Subscriber is prohibited from intentionally or negligently injecting false data into the internet, for instance in the form of bad routing information (including but not limited to the announcing of networks owned by someone else or reserved by the Internet Assigned Numbers Authority) or incorrect DNS information.

COOPERATION WITH INVESTIGATIONS

PLDT will cooperate with appropriate law enforcement agencies and other parties involved in investigating claims of illegal or inappropriate activity. PLDT reserves the right to disclose Subscriber information to the extent authorized by government statutes and subject to the requirements set by PLDT’s Privacy Policy.

PRIVACY

The Subscriber shall be entirely responsible for maintaining the confidentiality of his account information, including his username and password combination, as well as the security of his network. 

Because the internet is an inherently open and insecure means of communication, any data or information a user transmits over the internet may be susceptible to interception and alteration. Subject to PLDT’s Privacy Policy, PLDT makes no guarantee regarding, and assumes no liability for, the security and integrity of any data or information a Subscriber transmits via the Service or over the Internet, including any data or information transmitted via any server designated as "secure."

EXCESSIVE USAGE

In the event that the Services availed of specifies bandwidth limitations for the Subscriber’s user account, use of the Service shall not be in excess of those limitations in order to protect PLDT’s network resources and maintain the availability of the Services to other Subscribers.

TRANSFER OF ACCOUNT

The Subscriber may not transfer or assign its account to a third party without PLDT’s prior written consent.

MAIL SERVER FILTERS

The use of the Services to send email through external third party servers is prohibited. The Subscriber shall be responsible for ensuring that all persons accessing or using the Services comply with the AUP.

If the Subscriber becomes aware of any violation of this AUP by any person, including third party users who accessed the Services through Subscriber’s account, the latter has an obligation to immediately notify PLDT of the violation. PLDT shall notify the Subscriber of complaints received by PLDT regarding each incident of alleged violation of the AUP by its users.  The Subscriber is then obliged to investigate all such complaints and take all necessary actions to remedy any violation of this AUP. In the event the Subscriber fails to remedy the reported violation of the AUP, PLDT may be constrained to identify the Subscriber to the complainant and provide the latter with the necessary information to contact the Subscriber directly to resolve the complaint. In this event, PLDT cannot be held liable for such disclosure of information to a third party. PLDT reserves the right to install and use, or to instruct the Subscriber to install and use, any appropriate device to prevent violations of this AUP, including devices designed to filter or terminate access to the Services.

LEGAL

RIGHTS OF PLDT

In the event the Subscriber engages in conduct that is in violation of this AUP or is otherwise illegal or improper while using the Services, PLDT reserves the right to suspend, or possibly terminate, any of the PLDT Services or the Subscriber’s access to the Service/s.  PLDT will endeavour to notify the Subscriber of the activity deemed to be in violation of this AUP and request that the Subscriber cease such activity.  However, in cases where the viability of Services are potentially threatened or activity involves UCE/SPAM, mail relaying, alteration of the Subscriber’s source IP address information, denial of service attacks, illegal activities, harassment or copyright infringement, PLDT, at its sole discretion, shall exercise its right to immediately, and without need of any notification to the Subscriber, suspend the Service/s or the Subscriber’s access to the Service/s.  Notwithstanding PLDT’s exercise of the remedies mentioned about, it shall not be prevented from taking any other appropriate action, legal or otherwise, against the Subscriber for violations of the AUP, which may include termination of the Services. PLDT does not make any promise, nor does it have any obligation, to monitor or police activity occurring via the Services and shall have no liability to any party, including the Subscriber, for any violation of the AUP.

ADDITIONAL TERMS AND CONDITIONS 

The use of the Services by the Subscriber shall be subject to the terms and conditions of any agreements entered into by such Subscriber with PLDT. This Acceptable Use Policy is deemed incorporated into such agreements by reference.

LIMITATION OF LIABILITY AND INDEMNIFICATION

PLDT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PLDT SHALL NOT BE LIABLE FOR ANY DIRECT OR ACTUAL DAMAGES, EXCEPT TO THE EXTENT SPECIFIED IN A WRITTEN AGREEMENT ENTERED INTO BETWEEN PLDT AND THESUBSCRIBER. OTHER LIMITATIONS OF LIABILITY ARE INCLUDED HERE BY REFERENCE INCLUDING THE TERMS OF USE AND PRIVACY POLICY OF THE SERVICES.

PLDT MAKES NO WARRANTIES OR REPRESENTATIONS HEREIN, EITHER EXPRESS OR IMPLIED, CONCERNING THE NETWORK, AND EXPRESSLY DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR USE OR PURPOSE, THE WARRANTY OF MERCHANTABILITY AND ANY OTHER WARRANTY IMPLIED BY LAW.

By accessing the Services, the Subscriber is deemed to have accepted this AUP, the Subscriber agrees to indemnify, defend, and hold PLDT, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third- party providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys' fees, resulting from the Subscriber’s violation of this AUP, misuse or abuse of the Services, or the Subscriber’s infringement, or infringement by any of the Subscriber’s authorized users the account, of any intellectual property or other right of any person or entity. The Subscriber will cooperate as fully as reasonably required in PLDT's defense of any claim in this regard. PLDT reserves the right, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Subscriber and the Subscriber shall not in any event settle any matter without the written consent of PLDT.  The Subscriber agrees to immediately notify PLDT of any unauthorized use of its account or any other breach of security known to the Subscriber.

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