Acceptance Use Policy
This AUP regulates the use of Best Phil Hosting Web Services’ web hosting service. Any violation of the contents of this AUP may result in suspension or termination of the service of Best Phil Hosting Web Services to the Client. In the event that a dispute may occur between the Client and Best Phil Hosting Web Services regarding the interpretation of the contents of this AUP rational interpretation will prevail. For clarifications regarding the contents of this AUP, contact
This Acceptable Use Policy is used in association with the Agreements. This document contains the principles, guidelines and requirements of the AUP of Best Phil Hosting Web Services governing the Client’s use of the services and products provided. Best Phil Hosting Web Services’ AUP was created to comply with all international and local laws and to safeguard network security, network availability, physical security, the Client’s privacy, and other concerns that may affect the services provided by Best Phil Hosting Web Services. Best Phil Hosting Web Services reserves the right to implement rational rules and regulations regarding the services provided. Exclusive rights in updating, revising and modifying this AUP at any time belong to Best Phil Hosting Web Services along with the modifications, updates and revisions of the other Agreements and product features associated with this AUP. The Client is advised to regularly check Best Phil Hosting Web Services’ website for the changes in this AUP and any of the Agreements.
The Client is not permitted to use Best Phil Hosting Web Services’ site, products and services in any direct or implied manner that is in violation to any laws and would cause any form of damage that may overload, disable or impair the operation of Best Phil Hosting Web Services’ site, services, network, or the over-all use of the components. In the event that the Client violates in any manner the terms in this AUP and the associated Agreements, Best Phil Hosting Web Services has the right to suspend or terminate the Client’s account. Refunds are not applicable for the period of service interruptions resulting from the Client’s violations of this AUP and the other agreements.
Best Phil Hosting Web Services prohibits the Client to use the services provided by to Best Phil Hosting Web Services along with it's network in transmitting, posting, uploading, mirroring disseminating, facilitating, and storing any content such as images, sounds, data, software, text, communications, and other similar contents that in Best Phil Hosting Web Services’ reasonable analysis is classified as:
- A violation of any of the terms or conditions of any other network access provider or Internet service provider.
- A direct or implied violation of any local or international law, ordinance, or regulation.
- Pornographic, obscene, lewd, malicious, libelous, abusive, defamatory, harassing, threatening, assaults an individual’s privacy or individuality, misleading, fraudulent, vague, erroneous or may cause harm to any individual, group or entity.
- Directly or impliedly adverse to any person.
- A cause to inflict or insinuates physical or psychological harm to an individual or group and may cause destruction of property.
- Discriminating, intimidating, humiliating or harassing an individual or a group in reference to their religion, race, nationality, ethnicity, disability, age, sex, sexual orientation or for any other reason.
- A violation of the prohibition on the Terrorist Content section of this AUP and activities similar in nature.
- Transmitter of malwares, corrupted files, viruses, or any other similar software or programs that may impair or damage the operations of another individual’s computer.
- A violation of the rights of any group or individual along with the group or individual’s copyright, trade secrets, patents or other intellectual property rights or related laws or regulations including, but not confined to, the dissemination or installation of “pirated” content or data or other software products that are not properly licensed to be used by the Client. The Client takes full responsibility to learn corresponding laws or regulations in using products and services.
- Direct or implied misinformation or deception of other individuals by affixing, removing, altering, falsifying or duplicating network header information or identification. Also, the use of anonymous remailers or nicknames intended to misinform, deceive or any similar fraudulent purposes intended for any group or individual and to infringe any existing and applicable laws or regulations are prohibited.
- A direct or implied collection of personal information from a group or individual without prior consent or authorization from the individual or the group that violates in any aspect the rules on privacy.
- Harmful to Best Phil Hosting Web Services or its network in ways such as overloading the servers which results into Best Phil Hosting Web Services to be blocked by other network providers and may result to complaints from a third party which would be damaging and compromise the credibility of services, products and networks.
The Client is prohibited to use the services provided by Best Phil Hosting Web Services in any of the following manner:
Best Phil Hosting Web Services will fully cooperate with authorities conducting any criminal investigation into a Client’s account if suspected violations of the following Philippine laws:
- As means to promote or partake in terrorism;
- Persuade individuals or groups to engage in terrorism;
- Engage in terrorist acts in connivance with an individual or a group,
- Give support or give aid in any form to an individual or group to engage in terrorist acts; or
- Deliberately enter into transactions with terrorists, terrorist groups or suspected terrorists in any manner such as money, goods, or services,
- Best Phil Hosting Web Services does not allow the Client to use the services provided and the network for websites that are adult-oriented and pornographic in nature including sites that include illicit content, and links to other sites that have adult content.
- Best Phil Hosting Web Services will not be liable if the Client violates the prohibition on adult content. The Client will be solely responsible and liable to the law if proven that the Client’s website includes pornographic or adult-oriented contents. The Client is also responsible to learn applicable local and international laws and to comply with the laws that states prohibitions on adult-oriented and pornographic contents posted on websites.
- Best Phil Hosting Web Services does not provide legal counsel to the Client regarding the laws governing adult-oriented and pornographic contents and is advised to contact a law firm or a legal representative to provide such legal advice.
The Client is not allowed to use the services, products, and network of Best Phil Hosting Web Services in selling or promoting any of the following items, products or services that may be illegal in the Philippines and other jurisdictions that services of Best Phil Hosting Web Services are offered or can be viewed:
- Products or services which are adult related which may include X-rated videos, pictures, etc. especially of minors or individuals under 18 years of age;
- Adult-oriented content or online pornography which requires subscription for the user to gain access;
- Any obscene materials defined as illicit by applicable laws.
- The Philippine Constitution states in Section 3 (2), “The State shall defend the rights of the child to assistance, proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation, and other condition that may be prejudicial to their development. “
- Presidential Decree 603 or the Children and Youth Welfare Code of the Philippines states the Twelve (12) rights of the child in No. 5, “To be brought up in an atmosphere of morality and rectitude” and in No. 8 “To protection against exploitation, improper influences, hazards and other conditions or circumstances prejudicial to his physical, mental, emotional, social and moral development”
- Republic Act 7610 or the Special Protection of Filipino Children Against Child Abuse, Exploitation and Discrimination states in Section 3 Definition of Terms:
- Republic Act 7877 - Anti-Sexual Harassment Law The law does not define sexual harassment but enumerates the acts that constitute sexual harassment and possible offenders in an employment and education environment. When the victim is a child, the offender may be prosecuted for violating this law.
Client consents to observe and abide by reasonable Internet etiquette (“Netiquette”) at all times. The Client shall also comply with the rules applicable to any network to which Best Phil Hosting Web Services may provide access. Client is advised not to post, transmit, or permit Internet access to information that is confidential for Client’s own protection. Client is prohibited to post any material that is illegal, libelous, is otherwise misleading, indecently depicts children, or is likely to result in negative reactions from offended users against Best Phil Hosting Web Services and its networks. Best Phil Hosting Web Services reserves the right to decline or terminate the Service at any time for violating this section including, but not limited to, advertising services or sites via Internet Relay Chat (IRC) or USENET in clear violation of the policies of the IRC channel or USENET group.
- Client agrees to comply with all the terms and conditions of the No Spam Policy described in this section. Violation of this section will be considered as a violation of this AUP and the associated Agreements.
- In maintaining Best Phil Hosting Web Services’ quality hosting services to our Clients, Best Phil Hosting Web Services puts effort to uphold our company’s integrity and be responsible members of the Web industry and Internet communities. Best Phil Hosting Web Services takes serious responsibility in protecting Clients and the public from inconveniences such as unsolicited e-mails or "spam." Please read this No Spam Policy section carefully, because this section contains vital information and a part of the Agreement the Client has made with Best Phil Hosting Web Services.
“Spam” is defined as any unsolicited or unwanted commercial e-mail or electronic message, which is the electronic counterpart of the direct mail regularly received in postal mailbox. Spam is also known as "junk e-mail," "bulk mail," "spam e-mail," "mass e-mail," and "direct e-mail." In more general terms used in the No Spam Policy or the Agreements, spam is:
- An e-mail message containing advertising, promotional, and selling, including, but not limited to, messages that are:
- Any commercial e-mail message or electronic message that were not requested for or had no permission from the recipient(s) to be sent to their mail account(s);
- A commercial e-mail message or other electronic message sent to a recipient who chose not to receive further commercial electronic messages from the Client or the Client’s company; or
- A commercial e-mail message or other electronic message having compromised mail server relays, phony contact information, or counterfeit headers.
- Best Phil Hosting Web Services strictly prohibits violations of system or network security. Any violation of system or network security may be committed by the Client may result to criminal and civil liability and may serve as grounds for termination of services provided by Best Phil Hosting Web Services. All incidents involving violations of system or network security will be subject to investigation and Best Phil Hosting Web Services will fully cooperate with law enforcers if the Client has committed suspected violations of the criminal laws.
Client will be solely responsible and liable for misuse of account provided by Best Phil Hosting Web Services in any manner. Client will also be responsible if other users of the account that includes the Client’s friends, family members, guests, and employees commit violations of the system or network security. Client must take the necessary precautions to secure access to account and to restrict others from accessing Client’s account. Client is prohibited to use own account to violate the security of another Best Phil Hosting Web Services account or make any attempts to gain unauthorized access to another network or server.
- Uploading of any self-extracting file or program containing any malicious program into Best Phil Hosting Web Services’ network or server;
- Introduction of any data, parameter, configuration, template, or control files for software applications that contain destructive macros or other malicious code into Best Phil Hosting Web Services’ network or server;
- Intentionally uploading into Best Phil Hosting Web Services’ network or server of any malicious program such as viruses, worms, Trojan Horses, logic bombs, and other executables intended to inflict harm;
- Introduction of any encrypted or compressed file or archive such as .zip or .gz files that contains any malicious program into Best Phil Hosting Web Services’ network or server;
- Attempts to use or gain illegal access to accounts, servers, systems or networks, data, and hosts of Best Phil Hosting Web Services’ site, or to explores, scans or tests the vulnerability of a system or network of Best Phil Hosting Web Services’ site, or any services or products of Best Phil Hosting Web Services or those of any other party.
- Best Phil Hosting Web Services’ graphics, web site design, text, and all the arrangements are all copyrighted work of Best Phil Hosting Web Services. In the event that any information, content, or any of the pages are copied, it may only be permitted for non-commercial uses that are allowed under the Client’s agreements with Best Phil Hosting Web Services or as stated by the law, and Best Phil Hosting Web Services retains all copyright and commercial interests in said page, information or content.
- Client accepts and agrees all contents and materials accessible in Best Phil Hosting Web Services’ site or through any of Best Phil Hosting Web Services service are protected by copyrights, trademarks, service marks, patents, trade secrets and other applicable proprietary rights and laws. Best Phil Hosting Web Services prohibits any of its sites or the contents and materials accessible in any of Best Phil Hosting Web Services’ sites to be interpreted in such a way as granting any license or right to any intellectual property, content, technology, systems, processes, or similar materials belonging to Best Phil Hosting Web Services and its sites. Client understands and agrees not to use Best Phil Hosting Web Services’ sites, services, and products in any way that would infringe, violate, or take away any such rights, with respect to any material, which the Client has access to, have received or made available through Best Phil Hosting Web Services’ sites and services.
- Client agrees not to use Best Phil Hosting Web Services’ services, networks or systems, and products which bears the domain name or content that relates to Best Phil Hosting Web Services that may violate any trademark, service mark, or similar rights of any third party. Client particularly agrees without any limitation not to engage in or attempt to engage in or conspire with others or solicit others to engage in any “cybersquatting” or domain name hijacking,
- Client is advised that creating, utilizing, or distributing illegal copies of software or other information content violates laws of the United States, the Philippines and other applicable local or international laws. In the event that Client copies, distributes, or installs software or other information content in ways that the license to use that content does not allow, the Client will be violating the said laws. Best Phil Hosting Web Services will fully cooperate with all law enforcers in investigating alleged copyright infringements based on content housed in Best Phil Hosting Web Services’ data centers.
- Client is not allowed to use any programs that may or will interfere with another's use of Best Phil Hosting Web Services’ site or any of the services provided by Best Phil Hosting Web Services.
- Client is not allowed to run any background processes on any of Best Phil Hosting Web Services servers, networks, or systems without prior written authorization from Best Phil Hosting Web Services.
- Client is not allowed to operate Internet Relay Chat ("IRC") servers using services provided by Best Phil Hosting Web Services.
- Client is not allowed to run any IRC robot on any IRC server that would interfere with the services or violates the terms in this AUP. When logged into any IRC server, Client is strictly advised to comply with the rules and policies established by that IRC's service administrator.
- Client is not allowed to use any of the services provided by Best Phil Hosting Web Services in sending denial-of-service (DOS) attacks to any computer or network, or to "flood" any computer or network.
- Best Phil Hosting Web Services reserves the right to add further restrictions to Client’s use of the services provided by Best Phil Hosting Web Services in interests that further restrictions are reasonably necessary to keep Best Phil Hosting Web Services’ hosting service operating efficiently for all users.
Best Phil Hosting Web Services reserves the right to suspend service to any Client or any individual using Best Phil Hosting Web Services’ networks or services if the terms of the AUP and the Agreements are violated. Best Phil Hosting Web Services will use reasonable care and courtesy in notifying the Client and in resolving the problem in a method resulting in the least amount of service interference as reasonably possible. Best Phil Hosting Web Services reserves the right to terminate service without notice if Client commits continued and repeated violations of the AUP or the Agreements
Best Phil Hosting Web Services is under no duty, and does not undertake by this AUP any duty, to monitor Client’s activities and disclaims any responsibility for any misuse of the Best Phil Hosting Web Services’ networks and services.
Indirect or Attempted violations of the policy, and acutal or attempted violations by a third party on behalf of Best Phil Hosting Web Services’ CLIENT OR A CLIENT’S end user,shall be considered violations of the policy by such customer or end user. This AUP is subject to change without notice.
Inquiries regarding this policy may be directed to email@example.com