The use of services from Manilahost.net, [hereafter
referred to as "Manilahost"] constitutes agreement to these terms.
1.) Account Setup / Email on file
We will setup your account after we have received payment and we have
screened the order(s) in case of fraud. It is your responsibility to provide
us with an email address which is not @ the domain(s) you are signing up
under. If there is ever an abuse issue or we need to contact you, the
primary email address on file will be used for this purpose. It is your
responsibility to ensure the email address on file is current or up to date
at all times. Providing false contact information of any kind may result in
the termination of your account.
Our transfers team will make every effort to help you move your site to us,
however, we can not make guarantees of the transfer process. We provide this
as a courtesy service and can not make guarantees regarding its availability
or the amount of time it may take as each host is configured a little
differently. We will try our best, however, in some cases we may be unable
to assist you in a transfer of data from an old host.
All services provided by Manilahost may only be used for lawful purposes.
The laws of the Republic of the Philippines apply.
The customer agrees to indemnify and hold harmless Manilahost 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. If you believe that your copyright or
trademark is being infringed upon, please email abuse[a]manilahost.net. If
the request is of a licensing issue, we may require further documentation.
Examples of unacceptable material include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, ".img" /
image hosting only sites that do not host an actual domain name, Escrow,
High-Yield Interest Programs or related sites, Investment sites (FOREX,
egold exchange), 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
We reserve the right to refuse service to anyone. Any material that, in our
judgment, is obscene or threatening is prohibited and will be removed from
our servers with or without notice.
Failure to respond to email from our abuse department within 48 hours may
result in the suspension or termination of your services. All abuse issues
must be dealt with via troubleticket/email and will have a response within
If in doubt regarding the acceptability of your site or service, please
contact us at abuse[a]manilahost.net and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to
child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography
will be suspended immediately without notice.
Direct customers: Your services will be terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under
your account are secure and permissions of directories are set properly,
regardless of installation method. When at all possible, set permissions on
most directories to 755 or as restrictive as possible. Users are ultimately
responsible for all actions taken under their account. This includes the
compromise of credentials such as username and password. It is required that
you use a secure password. If a weak password is used, your account may be
suspended until you agree to use a more secure password. Audits may be done
to prevent weak passwords from being used. If an audit is performed, and
your password is found to be weak, we will notify you and allow time for you
to change/update your password.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk
emailing, and spam. "Safe lists" and "double opt-in" will be treated as
spam. Any user who sends out spam will have their account terminated with or
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers.
This provision includes, but is not limited to SPAM sent via fax, email,
instant messaging, or usenet/newsgroups. No organization or entity listed in
the ROKSO may be hosted on our servers. Any account which results in our IP
space being blacklisted will be immediately suspended and/or terminated.
Manilahost reserves the right to require changes or disable as necessary any
web site, account, database, or other component that does not comply with
its established policies, or to make any such modifications in an emergency
at its sole discretion.
Manilahost reserves the right to charge the holder of the account used to
send any unsolicited e-mail a clean up fee. This cost of the clean up fee is
entirely at the discretion of Manilahost.
4.) Payment Information
You agree to supply appropriate payment for the services received from
Manilahost, in advance of the time period during which such services are
provided. You agree that until and unless you notify Manilahost of your
desire to cancel any or all services received, those services will be billed
on a recurring basis. Manilahost reserves the right to change the monthly
payment amount and any other charges at anytime.
5.) Backups and Data Loss
Your use of the service is at your sole risk. Manilahost is not responsible
for files and/or data residing on your account. You agree to take full
responsibility for files and data transferred and to maintain all
appropriate backup of files and data stored on Manilahost servers.
6.) Cancellations and Refunds
Manilahost reserves the right to cancel the account at any time with or
Any abuse of our staff in any medium or format will result in the suspension
or termination of your services.
Customers may cancel at any time. Manilahost gives you an unconditional 15
day money back guarantee on hosting. There are no refunds on webdesign or
domain name purchases. Refund requests after 15 days will be refunded on a
prorated basis of any unused time.
Only first-time accounts are eligible for a refund. For example, if you've
had an account with us before, cancelled and signed up again, you will not
be eligible for a refund or if you have opened a second account with us.
Violations of the Terms of Service will waive the refund policy.
The equivalent cash value of the Promo / Promotional Item will be deducted
from the total amount to be refunded on any account cancelled prior to the
end of the lock-in period.
7.) Resource Usage
User may not:
a) Use 25% or more of system resources for longer then 90 seconds. There are
numerous activities that could cause such problems; these include: CGI
scripts, FTP, PHP, HTTP, etc.
b) Run any type of interactive real-time chat applications that require
server resources. Remotely-hosted services are fully allowed.
c) Run stand-alone, unattended server-side processes at any point in time on
the server. This includes any and all daemons, such as IRCD.
d) Run any software that interfaces with an IRC (Internet Relay Chat)
e) Run any bit torrent application, tracker, or client.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life,
h) Run cron entries with intervals of less than 15 minutes
When using PHP include functions for including a local file, include the
local file rather than the URL. Instead of include("http://yourdomain.com/include.php")
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies
depending on the hosting package you purchase. Should your account pass the
allocated amount we reserve the right to suspend the account until the start
of the next allocation, suspend the account until more bandwidth is
purchased at an additional fee, suspend the account until you upgrade to a
higher level of package, terminate the account and/or charge you an
additional fee for the overages. Unused transfer in one month cannot be
carried over to the next month.
9.) Money back Guarantee
On webdesign and domain purchases no refund will be honored -- the 15 day
money back guarantee does not apply. We reserve the right to refund a
prorated amount or no refund at all.
Each of Manilahost's Hosting Services carry a 15 day unconditional money
back guarantee on them. If you are not completely satisfied with our
services within the first 15 days of your service, you will be given a full
refund of the contract amount. Remember, this is only for hosting services
and does not apply to webdesign or domain name purchases.
10.) Hosting Accounts
Individual accounts may not resell web hosting to other people
11.) Price Change
The amount you pay for hosting will never increase from the date of
purchase. We reserve the right to change prices listed on Manilahost.net,
and the right to increase the amount of resources given to plans at any
Customer agrees that it shall defend, indemnify, save and hold Manilahost
harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable attorney's fees asserted against Manilahost, its
agents, its customers, officers and employees, that may arise or result from
any service provided or performed or agreed to be performed or any product
sold by customer, its agents, employees or assigns. Customer agrees to
defend, indemnify and hold harmless Manilahost against liabilities arising
out of; (1) any injury to person or property caused by any products sold or
otherwise distributed in connection with Manilahost; (2) any material
supplied by customer infringing or allegedly infringing on the proprietary
rights of a third party; (3) copyright infringement and (4) any defective
products sold to customers from Manilahost's server.
By using any Manilahost services, you agree to binding arbitration. If any
disputes or claims arise against Manilahost or its subsidiaries, such
disputes will be handled by an arbitrator of Manilahost's choice. All
decisions rendered by that arbitrator will be binding and final. You are
also responsible for any and all costs related to such arbitration.
Manilahost shall not be responsible for any damages your business may
suffer. Manilahost makes no warranties of any kind, expressed or implied for
services we provide. Manilahost disclaims any warranty or merchantability or
fitness for a particular purpose. This includes loss of data resulting from
delays, no deliveries, wrong delivery, and any and all service interruptions
caused by Manilahost and its employees.
15.) Disclosure to law enforcement
Manilahost may disclose any subscriber information to law enforcement
agencies without further consent or notification to the subscriber upon
lawful request from such agencies. We will cooperate fully with law
16.) Changes to the TOS
Manilahost reserves the right to revise its policies at any time without