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Terms of Agreement

i.ph DOMAIN NAME SERVICES AGREEMENT

A. Introduction and dotPH Policies.

This domain service agreement ("Service Agreement" or "Agreement") is submitted to dotPH Domains, INC.("dotPH") for the purpose of applying for and registering an i.ph sub-domain of the PH country-code top level domain ("Domain") on the Internet. If this Service Agreement is accepted by dotPH, the Service Fee is paid to dotPH, its re-seller or other authorized party, and a Domain is registered in dotPH's domain name database and assigned to the Nameholder, Nameholder ("Nameholder") agrees to be bound by the terms of this Service Agreement and the terms of dotPH's Policies ("dotPH Policies") which exist now or in the future may be published by dotPH at dotPH's web site at http://www.dot.ph ("dotPH's Site"). dotPH may modify this Agreement and dotPH Policies from time to time, and will post at the top of the particular document the last date upon which it was modified and the date of effectivity. dotPH is responsible for publishing dotPH Policies applicable to its Nameholders on dotPH's Site. Nameholder is solely responsible for reviewing the dotPH Policies on a regular basis, as the updated dotPH Policies are effective thirty (30) calendar days after the initial date of posting of such revisions or modification on dotPH's Site. dotPH Policies, which Nameholder acknowledges and understands may be changed or modified by dotPH from time to time, are incorporated into this Agreement by this reference. By Nameholder's use of its Domain following the effective date of any revision of dotPH Policies, Nameholder agrees to be bound by such revisions to dotPH Policies. In the event Nameholder does not wish to be bound by the updated dotPH Policies, Nameholder's sole remedy is to cancel its registration to the Domain by following the appropriate dotPH Policies regarding such cancellation.

B. Term, Fees and Payments.

This Service Agreement shall continue for a term specified by Nameholder pursuant to the current dotPH Policies. Nameholder will have the right to renew this Agreement in accordance with the dotPH Policies in effect at the end of this Agreement's then current term. Nameholder's payment of the Service Fee for the renewal term shall constitute Nameholder's acceptance of this Agreement and the dotPH Policies existing at the time of the payment including amendments thereto introduced thereafter.

Nameholder shall pay to dotPH the appropriate Service Fee applicable at the time the Nameholder submits its Registration Application. Payment of Service Fees should be made in accordance with the dotPH Policies effective at the time the Nameholder submits such payment. All fees paid pursuant to this Agreement are non-refundable except as provided for herein.

C. Terms of Use

i.ph domains are only for individual use. They may not be used by companies, organizations, partnerships or sole proprietors. They may be used by businessmen and professionals, provided that the material on the i.ph website represent those of the individual and not the companies, organizations, partnerships or sole proprietorships that they are a part of. Nameholder acknowledges that a breach of this Section will constitute a material breach of this Agreement which will entitle dotPH to terminate this Agreement immediately upon such breach without any refund of the Service Fee and without notice to Nameholder.

D. Registration Information

Nameholder shall ensure that: (i) the information submitted by Nameholder to dotPH (Nameholder Information) is true, current, complete, accurate, and reliable; and (ii) Nameholder shall maintain, update, and keep Nameholder Information true, current, complete, accurate, and reliable by notifying dotPH immediately of a change to any such information in accordance with the appropriate dotPH Policy relating to Nameholder Information modifications. dotPH reserves and may exercise the right to terminate Nameholder's Domain registration if (i) information provided by Nameholder to dotPH is false, inaccurate, incomplete, unreliable, misleading or otherwise secretive; or (ii) Nameholder fails, in a timely manner, to maintain, update, and keep Nameholder Information true, current, complete, accurate, and reliable. In the event that additional registrant information becomes necessary in case of a domain dispute, other legal proceeding, or upon request by relevant authorities, Nameholder agrees to provide such information in a timely manner. Nameholder acknowledges that a breach of this Section will constitute a material breach of this Agreement which will entitle dotPH to terminate this Agreement immediately upon such breach without any refund of the Service Fee and without notice to Nameholder.

E. Disputes.

Nameholder agrees that, if the registration of its Domain is challenged by any third party, the Nameholder will be subject to the provisions specified in the dotPH Policies.

F. Agents.

Nameholder agrees that if this Service Agreement is completed by an agent for the Nameholder, such as an ISP or dotPH's Reseller, the Nameholder is nonetheless bound as a principal by all terms and conditions herein, including the dotPH Policies. Further, Nameholder is responsible for all information submitted by its agent. dotPH will not cancel this Agreement, or refund any fees paid to it, because of errors or omissions of the agent in the registration process (e.g., if such agent provides incorrect information) or because of errors or omissions in changes to Nameholder's Domain registration, without Nameholder's actual consent, as such apparent authority will suffice to bind Nameholder. By acting on Nameholder's behalf, such agent represents and warrants to Nameholder and dotPH that the agent is authorized to bind Nameholder hereto and that it has fully and thoroughly advised Nameholder of the terms and conditions of this Agreement.

G. Limitation of Liability.

dotPH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, RELATING TO THE USE, OR THE INABILITY TO USE, THE DOMAIN, OR IN ANY OTHER WAY RELATED TO THE DOMAIN, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. ADDITIONALLY, dotPH AND dotPH RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY LOSSES OR DAMAGES THAT NAMEHOLDER MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN ARISING FROM "HACKING" OR OTHERWISE, OR FOR LACK OF FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN. FINALLY, dotPH IS NOT LIABLE WHATSOEVER FOR ANY DAMAGES THAT NAMEHOLDER MAY SUFFER BECAUSE OF THE RE-DELEGATION OF THE PH COUNTRY CODE TOP LEVEL DOMAIN, SERVICE OR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOT SERVER FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS-DELIVERY, ACTS OF GOD, UNAUTHORIZED USE OF PASSWORDS, ERRORS, OMISSIONS OR MIS-STATEMENTS IN ANY INFORMATION OR OTHER SERVICES PROVIDED UNDER THIS AGREEMENT, DELAYS OR INTERRUPTIONS IN DEVELOPMENT OF WEB SITES, OR BREACH OF SECURITY, EVEN IF dotPH HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF dotPH MAY FORESEE SUCH POSSIBLE DAMAGES. NAMEHOLDER'S SOLE REMEDY FOR dotPH'S BREACH OF THIS AGREEMENT SHALL BE A REFUND OF THE SERVICE FEE OR RENEWAL FEE (IF THE BREACH OCCURS DURING A RENEWAL TERM), WHICH REMEDY NAMEHOLDER ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. NAMEHOLDER'S SOLE REMEDY FOR AN ACTION NOT FLOWING FROM THIS AGREEMENT (IN TORT OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT OF MONEY PAID TO dotPH BY THE NAMEHOLDER BUT IN NO CASE SHALL EXCEED ONE HUNDRED U.S. DOLLARS (US).

H. Indemnity.

Nameholder shall defend, indemnify, and hold harmless dotPH and its officers, directors, shareholders, owners, managers, employees, agents, contractors, affiliates and attorneys ("dotPH Related Parties") from and against any and all claims of third parties, including, but not limited to all loss, liability, claims, demands, damages, cost or expense, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees (which attorneys shall be hired at the sole discretion of dotPH) and costs (including claims without legal merit or brought in bad faith), relating to or arising under this Agreement, use of dotPH's Domain registration or other services, or to the Domain itself, including Nameholder's use, display, exploitation, or registration of the Domain, as well as for infringing or otherwise damaging content displayed or otherwise made available via the Domain. If dotPH is threatened by claims or suit of a third party, dotPH may seek written assurances from the Nameholder concerning the Nameholder's obligation to indemnify dotPH. Failure to provide such written assurances is a material breach of this Agreement. Failure of Nameholder to fully indemnify dotPH in a timely manner will result in termination of Nameholder's registration to the Domain; such termination of the Domain shall in no way prejudice dotPH's right to seek the indemnity by way of litigation or otherwise.

I. Breach.

Nameholder agrees that failure to abide by any provision of this Service Agreement or the dotPH Policies may be considered by dotPH to be a material breach and that dotPH may provide a notice via electronic mail, describing the breach, to the Nameholder. If, within thirty (30) days of the date of sending such notice, the Nameholder fails to provide evidence, which is reasonably satisfactory to dotPH, that it has not breached its obligations, then dotPH may delete Nameholder's registration of the Domain. Any such breach by a Nameholder shall not be deemed to be excused simply because dotPH did not act earlier in response to that, or any other, breach by the Nameholder.

J. No Guaranty.

Nameholder agrees that, by registration of a Domain, such registration does not confer immunity from objection to either the registration or use of the Domain.

K. Nameholder Warranties.

Nameholder represents, warrants, and guarantees that (i) Nameholder understands that use of the Domain may be subject to applicable laws, including those concerning trademarks and other types of intellectual property; (ii) to the best of the Nameholder's knowledge and belief, neither the registration of the Domain nor the manner in which it is to be directly or indirectly used infringes the intellectual property rights of another party in accordance with the law effective in the jurisdiction/s where the Nameholder resides or conducts business; (iii) Nameholder understands that use of the Domain is subject to all terms and conditions of this Agreement, dotPH Policies, and any other pertinent rule or policies now existing or which dotPH may publish from time to time; (iv) Nameholder does register and will use, display, or exploit the Domain in good faith, in accordance with all laws and regulations effective in the jurisdiction/s where the Nameholder resides or conducts business, and will not use the Domain in any way which may violate a subsisting right of any party; (v) the information provided by the Domain applicant is true and accurate; and (vi) the Domain is for individual use only.

L. Revocation.

Nameholder agrees that dotPH may delete a Nameholder's Domain if this Service Agreement, or subsequent modification(s) thereto, contains false or misleading information, or conceals or omits any information dotPH would likely consider material to its decision to approve this Service Agreement.

M. Right of Refusal.

dotPH, in its sole discretion, reserves the right to refuse to approve the Service Agreement for any Nameholder. Nameholder agrees that the submission of this Service Agreement does not obligate dotPH to accept this Service Agreement. Nameholder agrees that dotPH shall not be liable for loss or damages that may result from dotPH's refusal to accept this Service Agreement.

N. Severability.

Nameholder agrees that the terms of this Service Agreement are severable. If any term or provision is declared invalid, it shall not affect the remaining terms or provisions which shall continue to be binding.

O. Entirety.

Nameholder agrees that this Service Agreement and the dotPH Policies is the complete and exclusive agreement between Nameholder and dotPH regarding the registration of Nameholder's Domain. This Service Agreement and the dotPH Policies supersede all prior agreements and understandings, whether established by custom, practice, policy, or precedent.

P. Coverage.

This Service Agreement is only for registrations of i.ph domains. By completing and submitting this Service Agreement for consideration and acceptance by dotPH, the Nameholder agrees that he/she has read and agrees to be bound by the above.



CALLIOPE SERVICES AGREEMENT

This Agreement includes dotPH policy for acceptable use of the Calliope Services, Content posted using the Calliope Services and your rights, obligations and restrictions regarding your use of the Calliope Services.

dotPH may modify this Agreement from time to time and such modification shall be effective upon posting by dotPH on the dotPH or Calliope website. You agree to be bound to any changes to this Agreement when you use the Calliope Services after any such modification is posted.

I. TERM. This Agreement shall remain in full force and effect while you use the Calliope Services. You may terminate your Calliope Account at any time, for any reason, by sending a formal notice of your intent to support@i.ph. dotPH may terminate your Account at any time, for any reason, without warning. Even after your Account is terminated, this Agreement will remain in effect.

II. FEES. You acknowledge that dotPH reserves the right to charge for the Calliope Services and to change its fees from time to time in its discretion. If dotPH terminates your Account because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.

III. PROPRIETARY RIGHTS in Content Posted Through the Calliope Services

  1. By displaying or publishing ("posting") any Content on or through the Calliope Services, you hereby grant to dotPH a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Calliope Services. The license you grant to dotPH is non-exclusive fully-paid and royalty-free, sublicensable, and worldwide. This license will terminate at the time you remove your Content from the Calliope Services. The license does not grant dotPH the right to sell your Content, nor does the license grant dotPH the right to distribute your Content outside of the Calliope Services.
  2. You represent and warrant that: (i) you own the Content posted by you on or through the Calliope Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Calliope Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Calliope Services.


IV. POSTED CONTENT. dotPH reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Calliope Services at any time, for any or no reason, with or without prior notice, and without liability.

  1. dotPH may delete any Content that in the sole judgment of dotPH violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. dotPH assumes no responsibility for monitoring the Calliope Services for inappropriate Content or conduct. If at any time dotPH chooses, in its sole discretion, to monitor the Calliope Services, dotPH nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
  2. You are solely responsible for the Content that you post on or through any of the Calliope Services, and any material or information that you transmit to other Users and for your interactions with other Users. dotPH does not endorse and has no control over the Content. Content is not necessarily reviewed by dotPH prior to posting and does not necessarily reflect the opinions or policies of dotPH. dotPH makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Users.


V. PROHIBITED ACTIVITY/CONTENT. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Calliope Services. Prohibited Content includes, but is not limited to Content that, in the sole discretion of dotPH:

  1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  2. harasses or advocates harassment of another person;
  3. exploits people in a sexual or violent manner;
  4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
  5. solicits personal information from anyone under 18;
  6. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  7. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
  8. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;


The following is a partial list of the kind of activity that is illegal or prohibited through your use of the Calliope Services. dotPH reserves the right to investigate and take appropriate legal action against anyone who, in dotPH sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

  1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
  2. covering or obscuring advertisements on any Calliope page via HTML/CSS or any other means;
  3. any automated use of the system, such as using scripts to add friends or send comments or messages;
  4. interfering with, disrupting, or creating an undue burden on the Calliope Services or the networks or services connected to the Calliope Services;
  5. attempting to impersonate another User or person;
  6. using the Calliope Services in a manner inconsistent with any and all applicable laws and regulations.


VI. COPYRIGHT POLICY. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of dotPH to terminate the Account of any User who repeatedly infringes the copyright rights of others upon receipt of prompt notification to dotPH by the copyright owner or the copyright owner's legal agent.

VII. WARRANTY. THIS IS A LIMITED WARRANTY AND IS THE ONLY WARRANTY MADE BY dotPH EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, dotPH AND ITS SUPPLIERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND dotPH AND ITS SUPPLIERS MAKE NO WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS WITH RESPECT TO THE HOSTING SERVICES. NO dotPH EMPLOYEE, AFFILIATE OR BUSINESS PARTNER IS AUTHORIZED TO MAKE CHANGES OF ANY KIND TO THIS WARRANTY.

VIII. LIMITATION OF LIABILITY - NOTWITHSTANDING ANY PROVISION HEREOF TO THE CONTRARY, IN NO EVENT WILL dotPH, ITS AFFILIATES, BUSINESS PARTNERS OR SUPPLIERS BE LIABLE TO YOU FOR (1) GENERAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR (2) ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, PROFITS, GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE HOSTING SERVICES, WHETHER IN AN ACTION BASED ON ANY LEGAL THEORY, CONTRACT, TORT OR OTHERWISE, EVEN IF dotPH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL dotPH OR ITS SUPPLIER'S TOTAL LIABILITY FOR ANY DAMAGES IN ANY ACTION HOWEVER BASED ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE HOSTING SERVICES EXCEED THE FEE PAID TO dotPH BY END USER IN THE PRECEDING TWELVE (12) MONTHS UNDER THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

IX. MISCELLANEOUS.

  1. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all such prior agreements and representations between them. No modification, addition or waiver of the terms and conditions of this Agreement shall be effective unless in writing and signed by an authorized representative of both parties. The terms and conditions of any purchase order or other ordering document issued by User and accepted by dotPH in connection with this Agreement, which are in addition to or inconsistent with the terms and conditions of this Agreement are made expressly conditional on User's assent to the terms and conditions set forth in this Agreement.
  2. Neither party shall be liable for any failure or delay in performance due to any cause beyond its reasonable control, including, but not limited to, acts of God, or strikes.
  3. The waiver by either party of any of the rights, obligations, limitations, terms and conditions of this Agreement shall not constitute a waiver of any past, current or future obligation to comply with such provisions and no waiver shall be effective unless made in writing and approved by an authorized representative of both parties. In the event any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be reformed to the extent necessary to make it enforceable, or severed, and in either event the entire Agreement shall not fail on account thereof and the balance of the Agreement shall continue in full force and effect. This Agreement shall be governed by the substantive, but not conflict, laws of the Philippines. User irrevocably submits to the exclusive jurisdiction and venue of the courts located in Pasig City, Philippines. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.


IN WITNESS WHEREOF, you have caused this Agreement to be executed by completing the electronic acceptance below and agree to the terms and conditions stated above.
Copyright © 2004-2006 i.ph. All Rights Reserved.