Introduction

The Acceptable Use Policy (“AUP”) is designed to provide an understanding of the rules, limitations, and restrictions regarding the use of Innove Communications, Inc. (“Innove”) Voice Service (“Service”) by the Customer. References to “you" and “your” are references to you, the Customer. This AUP supplements Innove’s Customer Agreement/Service Proposal/Service Schedule (“CA”). From time to time, Innove may impose reasonable rules and limitations regarding the use of its Service. The AUP is not exhaustive and Innove reserves the right to modify the AUP at any time, effective upon either the posting of the modified AUP at its website or notification of the modified AUP to you.

 

By registering for and using the Service, and thereby accepting the terms and conditions of the CA, you agree to abide by the AUP as modified from time to time. You agree that you shall only use the Service for the following:

1. Business Use;
2. Use that is within the bounds of the laws and any rules and regulations of any government agencies for the use of the Service;
3. Use that does not in any way violate, impinge, interfere with the rights or affect the use by other users of the network.

Any violation of the AUP, direct and indirect, by you or by a third party on your behalf, may result in the immediate suspension or termination of your Service without prior notice or such other action as Innove deems appropriate. An unlisted activity may also be a violation of the AUP if it is illegal, irresponsible, or disruptive use of the Service. No credits will be issued for any interruption in Service resulting from policy violations.

 

VIOLATION OF THE AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICE YOU RECEIVE FROM INNOVE WITHOUT PRIOR NOTICE. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICE. IT IS INNOVE’S POLICY TO IMMEDIATELY TERMINATE REPEAT INFRINGERS WITHOUT PRIOR NOTICE. INNOVE RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME WITHOUT THE NEED TO EXPLAIN THE REASON THEREOF.

 

Customer Security Responsibilities

 

You are solely responsible for any breaches of security affecting servers under your control or under a third party’s control on your behalf. If your server is involved in an attack on another server or system, it will be immediately shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such an event, you are responsible for anything related to the rectification of the damage done to such server and any other requirement affected by the security breach. In the event that Innove needs to rectify, the labor used to rectify any such damage is categorized as emergency security breach recovery and Innove shall charge to you all costs related to rectifying the damage.

 

System and network security violations are prohibited, and may result in criminal or civil liability. Innove may investigate incidents involving such violations and may involve and could mean cooperation with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network;
• Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network;
• Interference with Service to any user, host or network including, without limitation, flooding, deliberate attempts to overload a system and broadcast attacks.

High-risk Service, which are services that tends to attract denial of Service attacks, are strictly prohibited.

 

Violators of the policy are responsible, without limitations, for the cost incurred by Innove to clean up and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints including but not limited to labor costs. Such labor is categorized as emergency security breach recovery and Innove reserves the right to change you all costs related to rectifying the damage. Innove is concerned with the privacy of the Service. In general, the Service is neither more nor less secure than other means of communication, including mail, facsimile, and voice service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Innove urges you to assume that all of your communications are not secure, and we encourage you to make use of the following tools including but not limited to:

• Anti-virus software;
• Appropriate software and/or hardware firewalls;
• Privacy protection tools.

Innove shall not take responsibility for the security of information transmitted over Innove facilities.

 

Network Responsibility

 

You have a responsibility to use the Innove network responsibly. This includes respecting the other customers of Innove. Innove reserves the right to immediately suspend and/or cancel the Service without prior notice of any customer who uses the Innove network in such a way that adversely affects other Innove network customers . This includes but is not limited to:

 

Attacking or attempting to gain unauthorized access to servers and Service that belong to Innove or its customers (i.e. system or network hacking), and/or participating in behavior which result in reprisals that adversely affect the Innove network or other customers’ access to the Innove network.

 

Innove will react strongly to any use or attempted use of an account or system or network or Service without the owner’s authorization. Such attempts include, but are not limited to network and security attacks like Distributed Denial of Service (DDoS), etc. Any unauthorized use of the accounts or network or systems or Service by an Innove customer, whether or not the attacked account or network or systems or Service belongs to Innove, will result in severe action taken against the attacker. Possible actions include warnings, immediate account or Service suspension or cancellation without prior notice, and civil or criminal legal action, depending on the seriousness of the attack. Any attempt to undermine or cause harm to a server or customer of Innove is strictly prohibited.

 

Lawful Purpose

 

All Service and its product may be used for lawful purposes only. Transport, servers, or presentation of any information, Call Detail Records (CDR) as data or material in violation of any applicable law, regulation or AUP is prohibited. This includes, but is not limited to:

 

Using any Innove service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under the applicable law is prohibited;

 

Any conduct that constitutes harassment, fraud, toll-bypass, abusive voice calls, spam calls, or denial of Service attacks in connection with use of Innove Service or products is prohibited. Using the Innove network to solicit the performance of any illegal activity is also prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution, is prohibited;

 

Servers hosted within the Innove network are open to the public. You are solely responsible for your usage of the Innove network and servers and any statement you make on servers hosted within the Innove network may be deemed “publication” of the information entered. Acknowledging the foregoing, you specifically agree not to use our Service in a manner that is illegal or libelous.

 

Internet Protocol (“IP”) Address Overlap

 

Innove administers the network on which your servers reside. You cannot use IP addresses which have not been assigned to you by Innove staff. Any server found using IPs that have not been assigned will be immediately suspended from network access without prior notice until such time as the IP address overlap can be connected.

 

Billing

 

You will be responsible for paying for any network resources used up to the point of suspension or cancellation.

 

Suspension

 

Innove reserves the right to immediately suspend without prior notice network access to you if, in the judgment of the Innove network administrators, your server is the source or target of the violation of any of the other terms of the AUP or for other analogous grounds which in Innove’s reasonable judgment are violations of the terms of the AUP. If inappropriate activity is detected, all your accounts or Service in question will be immediately deactivated without prior notice until an investigation is complete. In extreme cases, law enforcement will be contacted regarding the activity. You will not be credited for the time the customers’ equipment had to be suspended. You will be credited on a prorated basis based on the monthly fees you pay for the servers that were suspended for the time your equipment had to be suspended.

 

Cancellation

 

Innove reserves the right to immediately cancel Service at any time without prior notice. If inappropriate activity is detected, all your accounts or Service in question will be immediately deactivated without prior notice until an investigation is complete. In extreme cases, law enforcement will be contacted regarding the activity. All fees paid in advance of cancellation are non-refundable if Innove institutes its right of immediate cancellation without prior notice. Any violation of policies which results in extra costs will be billed to you (i.e. transfer, space/location, etc.).

 

Indemnification

 

Innove wishes to emphasize that in signing the CA, you will indemnify Innove for any violation of Innove’s CA, law or AUP that results in loss to Innove or the bringing of any claim against Innove by any third party. This means that if Innove is sued because of your or your customer’s activity, you will pay any damages awarded against Innove, plus costs and reasonable attorney’s fee.

 

Unauthorized Access

 

You must not use the Service to obtain unauthorized access to servers, system or network.

 

If you do not have authorization, you must not:

• Access or use any CDR data, Service, systems or networks;
• Probe, scan or test the vulnerability of a system or network;
• Breach any security or authentication measures for a system or network;
• Attempt to gain access to the account or Service of any other user or system or network.

Unlawfully accessing or damaging servers, network, systems, or Service platform is not only a breach of the AUP, it is also a criminal offense punishable by fine or imprisonment or both according to law.

 

You must not use the Service in a manner which may interfere with the technical operation of the Service or any other computer, system or network.

 

You must not attempt to interfere with the regular workings of the Innove systems or network connections or the Innove or its providers/partners or any other network. Innove may override any attempt by you to specify a particular traffic routing pattern.

 

You must not impair the ability of other people to use the Innove systems or any other connected networks. You must not use the Service as a staging ground to disable or interfere with other systems, for example Denial of Service (DoS)/DDoS attacks, Port Scans, etc.

 

Legal

 

In using the Service, you must not break any laws or infringe the rights of other persons.

 

For example, you must not: 

• Resell the Service;
• Reassign and route the Innove numbers against its termination which is considered as a toll-bypass;
• Mask Innove numbers.

 

Detection/Cooperation

 

To detect and deal with the breaches of the AUP, Innove may take the following actions:

1. Cooperate with the other service providers to control unacceptable user behavior;
2. Cooperate with the Police, or other law enforcement or intelligent agencies of the Republic of the Philippines, by providing the details and related data (i.e., log files) of users who are suspected of breaking any laws of the Republic of the Philippines;
3. Cooperate with any court order requiring information about the activities or the Service details. Innove may implement technical mechanisms to prevent behavior which breaches this policy (for example, access to peer-to-peer networks or network addresses deemed to hold voice content).

Innove may exercise any rights it has under its CA with you whose account or Service is being used in breach of this policy. Such rights include the right to immediately suspend or terminate your use of the Service without prior notice.

 

Innove may take any other action it deems appropriate, including taking action against offenders to recover costs and expenses of identifying them.

 

Disclaimer of Responsibility

 

Innove is under no duty to look at each customer’s activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Service-related activities. Innove disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person’s or party’s violation of this policy.

All sub-networks, resellers and managed servers of Innove must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate cancellation, suspension or termination without prior notice.