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Legal Information

IDXNet Philippines, Inc. (IDXNet) SEC A200205204 trading as
IDXNet Standard Terms and Conditions for Internet Services


All IDXNet Philippines, Inc. subscribers should carefully read and understand the following terms and conditions. Upon signing this Agreement, new subscribers must return the page marked as IDXNet's Copy along with the duly signed and accomplished Application Form.

If IDXNet accepts your application for a credit account, IDXNet will supply you with internet services in accordance with these terms and conditions.

1. Definitions and Interpretation
(The words highlighted in bold in this agreement are definitions)

IDXNet means IDXNet Philippines, Inc. SEC A200205204, trading as IDXNet and its employees, officers, agents and affiliates.
Customer means the person, company or other entity on the application form which IDXNet accepts.
Agreement means these standard terms and conditions (as amended or varied from time to time by IDXNet), the details on the customer's application for a credit account, the signed application form and the type of account that the customer selects.
Service or Services or Internet Service means the computing and communication internet service provided by IDXNet, and any future modifications to the service ('the services').
Customer User ID means the user ID specified in the customer's application form.
Type of account means the type of account that the customer selects to use.
Internet Services IDXNet will provide the services to the customer upon commencement of this agreement.
2. Commencement
The start of the subscription period to IDXNet's internet service commences when IDXNet registers the Customer's User ID. It ends at the date of termination.
3. IDXNet's Fees and Charges
The customer agrees to accept the pricing and charges for services for the customer's type of account as published on the IDXNet's home page at www.idx.com.ph. The customer agrees that these form part of the terms and conditions.

IDXNet may vary the pricing and charges at any time by giving reasonable notice to the customer by e-mail and by publishing the new price or charges on its home page. By continuing to use IDXNet's services after IDXNet publishes its new price or charges, the customer agrees to accept the new price or charges. IDXNet will send the customer a monthly account on the customer's anniversary date of each month via e-mail. The customer agrees to pay from the commencement date a one-off charge for each User ID registered. The customer agrees to pay within seven days of IDXNet issuing an account for: all charges for the type of account that the customer selects, incurred by any person using the customer's password. (The customer must pay these charges whether or not the use of the password is authorized); and any additional charges that the customer incurs through using the services. Business customers agree to pay the minimum monthly usage charge applicable to each business account listed in the selected billing option.

The customer agrees to pay interest on overdue payments at 2% above the overdraft rate from time to time as charged by IDXNet's principal bankers. (This rate is published on IDXNet's home page) The customer may change the type of account through IDXNet's home page. The change in type of account commences when IDXNet accepts the customer's application for the change. The change may be given electronically and by email.
4. Customer's Own Costs
The customer agrees to pay for: installing and using telephone lines and all other equipment needed to use the services; all telecommunication charges for using the services; and all government taxes, duties and levies imposed on the customer or IDXNet in providing the services, including VAT.
5. Acceptable Use Policy
The customer agrees to abide by IDXNet's Acceptable Use policy published on the IDXNet website: www.idx.com.ph. This policy may be changed from time to time and the customer must ensure that they become aware of any such changes.
6. Accounts Administrator
The customer must immediately inform IDXNet in writing if the Nominated Account Administrator changes.
7. Security Deposit
IDXNet may require the customer to pay a security deposit before providing any Services, or as a condition of continuing any of the Services. In its discretion, IDXNet may use the security deposit to pay for any costs, loss or liability caused to it by the customer. IDXNet will refund the balance of the security deposit, without interest, when the customer has fully performed all obligations under the agreement.
8. Amendment of Agreement
IDXNet may amend these terms and conditions and the agreement at any time after giving reasonable notice to the customer. IDXNet may give this notice electronically to the customer's e-mail address and by posting it on its website. The customer agrees that if the customer continues to use the services after notice is given the customer has accepted the amendment.
9. Publication at Customer's Risk
The customer accepts all responsibility for any information and material that the customer publishes over the services. The customer indemnifies IDXNet from any liability that IDXNet incurs through the customer's publication of anything over its services. The customer acknowledges that IDXNet does not vet or approve anything available through its service and that IDXNet accepts no liability for any material available on the services. The customer accesses and uses such information and material at the customer's own risk.
10. Provision of Service
The customer acknowledges that IDXNet cannot provide an uninterrupted or fault-free service. The customer acknowledges that IDXNet provides its services to the customer at times and by means that it decides in its own discretion.
11. Breaches of the agreement
The customer agrees to indemnify IDXNet against any economic loss to or liability to IDXNet as a result of the customer breaching the terms of any agreement with IDXNet. The customer agrees that this includes the period between when IDXNet became aware of the breach and when it was entitled to terminate the agreement. The customer must pay to IDXNet all expenses it incurs in recovering any money that the customer owes to it.
12. Termination
Termination by IDXNet: IDXNet may terminate the agreement or the provision of any services: If the customer breaches any terms of the agreement including those relating to payment or use; or IDXNet believes that the customer is or may be bankrupt or insolvent; or the customer has provided false or incomplete information to IDXNet; or if IDXNet or a regulatory authority believes that it is not in the public interest to continue providing the services to the customer.

Termination by the customer: The customer may terminate the agreement at any time by giving thirty days written notice to IDXNet. The agreement is terminated on the thirtieth day after IDXNet receives the notice of termination. This notice may be given electronically and by email. On termination the customer must return to IDXNet any materials that IDXNet provided to the customer in relation to the services.
13. Liability of Customer on Termination
Termination by IDXNet: If IDXNet gives the customer notice of termination, the customer must immediately pay all outstanding charges. The customer is not entitled to any refund of payments made under this agreement. IDXNet must use the customer's security deposit to offset any amount that the customer owes IDXNet at termination.

Termination by the customer: IDXNet will refund to the customer any unused advanced payments on monthly accounts. IDXNet will not refund to the customer any payments relating to special or discounted accounts.
14. Suspension of Service
IDXNet may suspend, in its discretion and without prior notice to the customer, the services or may disconnect or deny the customer access to any of the services: if the customer breaches any term of the agreement - including failing to pay due charges - until the customer remedies the breach; or if the customer does anything that IDXNet believes violates the IDXNet's Acceptable Use Policy. During any technical failure and modification of or maintenance to the services IDXNET may suspend or disconnect the service without prior notice to the customer. IDXNet will make all reasonable attempts to resume the service as soon as reasonably practicable. The customer remains liable for all charges due throughout the period of suspension.
15. Technical Support
IDXNet may but is not obliged to provide the customer with technical support. IDXNet does not guarantee the support and is not liable for any loss or damage caused to the customer in connection with the support.
16. Disclaimer and exclusion of Liability
To the extent that the law allows, IDXNet is not liable to the customer or any other person or entity for - negligence; or any economic loss or liability caused by its supply or failure or delay in the supply of the services; or the content, context or confidentiality of any communications made using the services. IDXNet cannot provide support for software it does not supply, including software downloaded from the Internet. This disclaimer does not apply to any term or warranty that the law does not allow to be excluded. Any term or warranty that the law implies into this agreement is deemed to be included in the agreement. If the law allows it, IDXNet limits its liability at its own discretion, to: repairing or replacing, or paying to repair or replace any damaged or faulty goods; or resupplying or paying the cost of resupplying the services.
17. Credit checks and the Privacy Act
The customer consents to IDXNet obtaining from a credit reporting agency any necessary personal information to allow IDXNet to assess the customer's application for credit this includes personal information IDXNet may obtain and how it may use it.
18. Assignment
The customer must not assign the customer's rights under this agreement.
19. The terms and conditions above are governed by the laws of the Philippines and the Subscriber hereby submits to the non-exclusive jurisdiction of the courts of the Philippines.

ACCEPTABLE USE POLICY

This Acceptable Use Policy specifies the actions prohibited by IDXNet to customers using the Internet. The customer referred to in this document is the customer as defined in Clause 1 of the IDXNet Terms and Conditions or any user whether authorized or not authorized by the customer. IDXNet may vary this policy at any time and effective upon posting of the changed policy on the IDXNet website www.idx.com.ph.

1. All accounts are subject to our excessive use policy. We define excessive use as more than 360 hours use per month or more than 1000 MB (1 Gigabyte) download. Download is the count of all bytes of data transferred from the Internet to your computer. Download occur when you are browsing the Internet, or reading your email, etc. Download is expressed in Megabytes (MB) which is 1,000,000 bytes. Accounts may be terminated if the use is excessive for two consecutive months.
2. We reserve the right to terminate the use of the free web space if the download rate is more than 100MB per month.
3. The email size limit is 4MB per email. Emails more than two months old are deleted from our system.
4. Session time limit is set to a maximum 10 hours and maybe changed from time to time by our network administrator without prior notice. During peak periods, session time limit maybe reduced to maximum 3 hours. Shorter session times may exist on our special plans.
5. The customer must not use the IDXNet network to break any Philippine or International law including criminal, copyright and intellectual property laws.
6. The customer agrees not to publish any illegal material. The customer acknowledges that IDXNet does not vet or approve anything available through its service and that IDXNet accepts no liability for any material available or published using its services.
7. The customer agrees to conform to Internet protocols and standards and abide by the acceptable use policies of other networks that IDXNet services are linked to.
8. The customer abides by the security and authentication protocols of IDXNet and all other network that it is linked to. The customer may not interfere or circumvent any established security or authentication protocols of any hosts, network, account or services available on the Internet. These activities are sometimes referred to as "hacking", "cracking" or "denial of service attacks".
9. The following activities without limitation are prohibited:
  • Engage in any activity that may jeopardize or disrupt the normal operation of IDXNet and any network or system that it is linked to
  • Breach any security measure or authentication system on the Internet including attempt to scan, probe or test the vulnerability of a system or network.
  • Interfere with services of any network or system with the intent of overloading the network or system
  • Attempt to conceal or forge any TCP-IP packet header or any part of the header information.
  • Unauthorized monitoring of data or traffic on any network or system.
  • Attempt to transfer files or computer programs to another network or computer system without the expressed approval or consent of the owner of the network or system.
10. IDXNet consider these acts as abuse of service and will cause immediate termination of the customer's services without prior notice.
11. IDXNet prohibits sending of any unsolicited email messages ("spamming") of any kind. The customer may not use or attempt to use another network's mail server to do spamming. The customer agrees not to send or forward any malicious email or propagate chain emails. The customer must not use another email address that is owned by another person or company without the consent or authorization of the owner.
12. The customer agrees to abide by all the guidelines and acceptable use and posting policy of newsgroups. Any excessive posting or posting of irrelevant material is not allowed.
13. The customer is aware by doing any of these prohibited acts that it may incur criminal or civil liability and IDXNet will fully cooperate with any law enforcement agency in the investigation and prosecution of such activities.