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.
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.
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.
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.
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.
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
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.
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.
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 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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