TERMS
AND CONDITIONS
1.0 General
1.1 All EASYNET
subscribers should carefully read and understand the following
terms and conditions as this is a legally binding document.
Upon signing this Agreement, new subscribers must return
a copy of this agreement to EASYNET.
1.2 The EASYNET
dial-up service is designed to meet the needs of individuals,
groups, organizations, agencies and corporations desiring
an affordable means of accessing the Internet. EASYNET dial-up
service requires subscribers to have the following minimum
requirements - a personal computer equipped with monitor
and a pointing device, TCP/IP based communications software
(SLIP/PPP), and a modem attached to a telephone line. Subscribers
can gain access by dialing a designated phone number, which
will connect them to the EASYNET dial-up Remote Access Service
(RAS) equipment.
1.3 The Internet
is not a commercial service but a cooperative community
of over 50 million inter-connected computer users. An EASYNET
subscriber automatically becomes a member of this community.
To remain a member of good standing, a subscriber must:
- Abide by the
generally accepted rules of network etiquette and promote
the efficient use of the network by minimizing unnecessary
network traffic.
- Not resort
to vandalism or take any action that would disrupt EASYNET,
as a whole, or any equipment, system or service on it.
- Not attempt
unauthorized entry into any network or computer system or
become a security risk.
- Not transmit
any messages which may be offensive or in violation of any
applicable law or regulation.
- Not engage
in mass distribution of any messages, or use the network
for advertising purposes. Messages may not be "broadcast"
or sent in an unsolicited or intrusive manner.
2.0 Definition
of Terms
2.1 The following
words will have these meanings in this Agreement unless
the context is otherwise specified:
"Service"
- Access to the global Internet via EASYNET and any subsidiary
Internet-based technologies, consulting, and other service
offerings provided from time to time by EASYNET SERVICES,
Inc.
"Subscriber"
- Any person, agency, institution, organization or corporation
which has expressed interest in availing of Services.
"Third
Party Content" - All information, software and other
content that can be accessed through or by virtue of the
Services.
3.0 Initial Cash
Outlay
3.1 New Subscribers
shall initially pay EASYNET the one-time set-up charge,
one month advance and one month deposit based on the monthly
subscription fee of his chosen Dial Up EASY Plan.
4.0 Payment of
Dues
4.1 Subscribers
located in areas within Metro Manila shall pay all dues
directly to a bonafide EASYNET Bank or Payment Center. EASYNET
will assign a specific payment due date in the Subscriber's
billing statement. Should the assigned date of collection
not be acceptable to the Subscriber, he may request EASYNET
to modify it to a mutually agreed payment.
4.2 Should the
Subscriber fail to tender his payment on the specified date
or arrive at a mutually convenient schedule with EASYNET,
the Subscriber may pay his dues at: (a) EASYNET SERVICES
INC, Unit D, Reach Networks Resource Center, 34/F RCBC Plaza
Tower 2, Ayala Avenue, Makati City
4.3 EASYNET
shall not provide any courier services for collection.
5.0 Indemnification
5.1 In no event
will EASYNET or its employee be liable to anyone for any
special, incidental or consequential damages arising from
the use of (or inability to use) the Services, including,
but not limited, to damages resulting from lost data or
lost profits. The Services are supplied on an "as is
" basis without expressed or implied warranties except
for those imposed by fair business practice under Philippines
laws.
5.2 The Subscriber
agrees to indemnify and hold EASYNET harmless from any claims,
including attorney's fees, resulting from Subscriber receiving
EASYNET services, which cause direct or indirect damage
to another party.
5.3 EASYNET
shall not be liable for unauthorized access to Customer's
computer facilities, or information through accident or
fraudulent means.
6.0 Billing
6.1 EASYNET
will send the Subscriber a Billing Statement on a monthly
basis by postal service, electronic mail (e-mail) and/or
facsimile transmission, upon Subscriber's request. Payment
must be made fully by the invoiced amount.
6.2 If the Subscriber
does not pay within 5 working days after the invoice date,
delinquency charges amounting to 5% per month of the outstanding
balance shall be imposed.
6.3 If the Subscriber
is not able to pay EASYNET's services despite repeated notices,
then EASYNET may, at its sole discretion, either suspend
or disconnect the Subscriber's access to and use of its
Services. EASYNET at its discretion may transfer collection
of receivables to an external collection agency.
6.4 Should EASYNET
suspend or terminate the Services pursuant to any of the
justifiable reasons earlier stipulated, the Subscriber has
no right to any stored data and EASYNET will be under no
obligation to make such data or copies of it available to
Subscriber in any form. If the Subscription is terminated
for any reasons, the Subscriber data stored in EASYNET's
facilities will be explicitly erased without prior notice.
6.5 All dial-up
accounts, which exceeded the Subscriber Credit Limit, will
be suspended until the bill is paid. Subscriber Credit Limit
is equivalent to twice the monthly subscription fee of the
Subscriber's chosen dial-up Easy Plan.
7.0 Abuse of
Services
7.1 Any use
of EASYNET system resources that disrupts the normal use
of the system for the EASYNET customers is considered to
be abuse of system resources and are grounds of administrative
intervention.
7.2 Depending
on the nature and the severity of the abuse, the users may
receive an E-mail warning or have their account suspended
by EASYNET. If the misuse is unintentional, the suspension
may be rescinded at the discretion of the EASYNET Chief
Operating Officer, and will require the payment of a service
reconnection charge. Occasionally, unintentional misuse
is misclassified as intentional misuse.
7.3 Violations
of any of the EASYNET conditions of use are unethical and
may be criminal offenses. You are expected to report to
EASYNET any information you may have concerning instances
in which the conditions of use have been or are being violated.
When EASYNET becomes aware of possible violations, we will
initiate an investigation. At the same time, in order to
prevent further possible unauthorized activity, EASYNET
may suspend access to services to the individual account
in question. Confirmation of violations may result in cancellation
of the individual account and/or criminal prosecution. The
account suspension may be rescinded at the discretion of
the Chief Operating Officer, following payment of a reconnection
charge.
8.0 Disconnection
8.1 EASYNET
reserves the right to suspend or disconnect without prior
notice access of Subscriber in the following instances:
- failure to
settle dues on time
- unauthorized
transfer of subscription
- misrepresentation
or false statement in the Service Agreement
- abuse or fraud
- serious violation
of network etiquette
- manipulation
of and unauthorized entry to any EASYNET's computer program
or system
- other acts
contrary to the stipulations set forth in this Agreement
8.2 Subscriber
shall be billed for the full advance monthly service fee
regardless of the effective date of disconnection.
9.0 Reconnection
9.1 Internet
access of the Subscriber shall only be reactivated upon
settlement of the Subscriber's arrears, a reconnection fee
equivalent to 50% of the regular set-up fee of the plan
and a one month advance of the monthly subscription fee.
10.0 Updating
Subscriber Information
10.1 EASYNET
may occasionally require new registration and account information
from Subscriber to continue the service. Subscriber must
notify EASYNET of any changes in his account information
(address, etc.)
11.0 Transfer
of Assignment
11.1 Subscriber
agrees not to transfer or assign this Agreement or any right
or interest originating there from to any person or entity
without prior written approval from EASYNET. Subscriber
shall be liable to pay all accrued charges pending approval.
Upon approval of the same, the transferee of assignee shall
be liable for any and all charges due on the account.
12.0 Technical
Support and Monitoring
12.1 EASYNET
shall provide service-related technical support assistance
to Subscriber in all circumstances other than those that
fall under the following:
- hardware and
modem failure and other defects on any equipment due to
poor quality of equipment or negligence on part of the user.
- software problems
resulting from negligence on the part of the user.
- telephone
line underground cabling problem
- problems arising
from the other party the Subscriber is trying to communicate
with
- circumstances
consequent to any fortuitous events such as fire, earthquake,
natural calamities and other incidents beyond human control.
13.0 Termination
13.1 EASYNET
may terminate a client's subscription of it is found abusing
the service as stipulated in items 7.0 and 8.0.
13.2 The Subscriber,
on the other hand, may terminate this Agreement subject
to formal written notification and payment of any outstanding
dues and the full advance monthly service fee from the period
covering the effectivity of termination. To terminate his
subscription, the Subscriber should serve one month's notice
in writing to EASYNET.
13.3 Advance
payments, other than that for the period covering the effectivity
of termination, shall be refunded less of any outstanding
dues.
13.4 The Subscriber
can also choose to upgrade or downgrade the account. In
this case, the Subscriber should notify EASYNET at least
five (5) days before the cut-off date.
14.0 Judicial
Action
14.1 Demand
letters or any correspondence pertaining to judicial extrajudiical
action to be taken by EASYNET against Subscriber shall be
sent by mail or by personal delivery to the address stated
by Subscriber in the application form and shall be considered
sufficient notice for legal purposes. Subscriber who refuses
to settle any obligation to EASYNET and moves out of location
shall be published in selected national dailies.
14.2 Additional
sum equivalent to 25% of the total sum due but not less
that P 1,000.00, in payment of attorney's fees and other
litigation-related expenses such as collection, photocopying,
notarization, etc. as provided for in the Rules of Court
shall be charged to Subscriber.
14.3 The remedies
hereby conferred upon EASYNET shall be and are in addition
to and cumulative with such other right of actions as EASYNET
may have in accordance with the present and future laws
of the Philippines.
14.4
The terms and conditions mentioned above are governed by
the laws of the Philippines and the venue of all actions
arising from/or in connection with this Agreement shall
be solely in the proper courts of the City of Makati, Philippines.
I understand and will abide by the above Terms and Conditions.
I further understand that any violation of these regulations
above is unethical and may constitute a criminal offense.
Should I commit any violation, my access privileges may
be revoked, and appropriate legal action may be taken.
