1. DESCRIPTION OF SERVICE
Innove grants the Subscriber a revocable, non-exclusive, non-transferable and limited access to use the Domain Name Service (“Service”) described as domain name registration and hosting. Subscriber acknowledges that the description of the Service may be changed by Innove anytime and hence, any such change is not a ground for termination of the Service by Subscriber.
2. SUBSCRIPTION AS BOOSTER TO WIRELINE SERVICE
Subscription to a wireline service is a condition precedent to subscription to the Service. In the event that Subscriber terminates the subscription to a wireline service, subscription to the Service will also be automatically terminated subject to the applicable pre-termination charge.
3. MINIMUM SUBSCRIPTION PERIOD (MSP)
a. Subscription to the Service has an MSP of twenty-four (24) months from activation. Upon expiration of the MSP, subscription to the Service will continue until Subscriber or Innove terminates the subscription subject to a fifteen (15) day prior notice.
b. Should the Service be terminated within the MSP (a) by Subscriber or (b) by Innove due to breach by Subscriber, Subscriber shall pay pre-termination charge equivalent to the total Monthly Service Fee (MSF) of the Service times the remaining months of the MSP.
4. SERVICE RENEWAL PERIOD
The Service shall be renewed automatically on a yearly basis under the same terms and conditions. Should a subscriber wish to terminate the Service, Subscriber must declare intent to do so at least 15 days prior to the expiration of the Renewal Period. Subscriber may call the hotline at (02) 730 1288 or email [email protected] Failure to do will result to the imposition of pre-termination charges.
Subscriber shall provide for a security system for its own network, equipment, and/or operating system and other similar appurtenances. The Subscriber shall be responsible for ensuring the security and confidentiality of its own systems and devices.
6. CUSTOMER SUPPORT
Customer support is available twenty four (24) hours daily for resolution of issues such as access, content, hardware limitations and other similar problems. For customer support, Subscriber may call up the hotline at +632 730 1288 or send email to [email protected]
7. PROHIBITED ACTS
The Subscriber shall use the Service only for legitimate purposes and shall not:
a. use the Service for any purpose that is illegal, immoral, or contrary to public policy.
b. cause or cause others to copy, reconfigure, reverse engineer, decompile, disassemble, derive source code, modify or prepare derivative works of the Service, or tamper with any of the components of the Service;
c. remove, disable, or defeat any functionality in the Service designed to limit or control access to or use of the Service;
d. introduce into the application any program which contains viruses, worms, ‘Trojan horses’ or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication service;
e. provide a third party access to the Service, or any portion thereof;
f. resell or bundle the Service together with other services rendered by Subscriber or a third party;
g. make any portion of the Service available through any timesharing system, service bureau, the Internet, or any other similar technology now existing or developed in the future;
i. use the Service in any fashion that may infringe any copyright, intellectual property right, or proprietary or property right or interest of Innove or Innove’s licensor;
j. engage in any activity analogous to the foregoing.
8. INDEMNITY AND LIQUIDATED DAMAGES
a. Subscriber shall indemnify Innove for any and all damages that Innove may suffer, as well as against any third party claim for which Innove may be held liable arising out of Subscriber’s commission of any of the prohibitions stated in Clause 8, or violation of any of these terms and conditions.
b. In the event that Innove terminates the Service due to Customer’s breach, Customer shall pay Innove liquidated damages equivalent to the monthly service fee multiplied by the number of remaining months of the initial term or renewal term, as applicable.
9. FORCE MAJEURE
Neither party shall be in default if its failure to perform any obligation hereunder is caused solely by supervening conditions beyond that party’s reasonable control, including, but not limited to, natural calamities, civil commotion, strikes, labor disputes, fires, terrorist acts, or governmental demands or requirements; provided that any such performance shall be completed as soon as commercially reasonable following the termination of any such supervening conditions.
10. WARRANTY DISCLAIMER
a. The Service is furnished on an "as is", as-available basis. Innove does not warrant that the Service will be uninterrupted or error-free. All warranties of any type not expressly stated in the Agreement, express or implied, including the warranties of merchantability, fitness for a particular purpose or non-infringement are expressly disclaimed.
b. Innove shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from: (a) any errors in or omissions from the Service, (b) the unavailability or interruption of the Service, (c) Subscriber’s use of the Service (regardless of whether Subscriber received assistance from Innove or its licensor in using the Service, or (d) Subscriber’s use of any equipment in connection with the Service.
c. Innove shall not be liable for loss of data. The Service is not intended to be the sole back-up location for any data. Subscriber is responsible for backing up its own data files to a location other than the Service.
11. LIMITATION OF LIABILITY
a. In no event shall Innove be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including without limitation, damages for loss of profits, loss of use, business interruption, loss of data or other pecuniary loss), in connection with Subscriber’s subscription to the Service whether based upon contract, tort or any other legal theory, including negligence, even if Innove has been advised of the possibility of such damages.
b. In no event shall Innove’s liability to Subscriber arising from the Service exceed the total amount of MSF for the Service actually paid by Subscriber to Innove, or an amount equivalent to one year MSF, whichever is lower.
a. Innove may terminate the subscription to Service upon notice if Subscriber commits any of the Prohibited Acts stated in Clause 7;
b. Innove may terminate the subscription to the Service upon 15 days prior written notice (“Cure Period”) if Subscriber fails to pay the MSF and other charges, if any, unless during the Cure Period, Subscriber pays all outstanding amounts to the full satisfaction of Innove
c. Innove may terminate the subscription to the Service upon seven (7) days prior written notice in the event any circumstance arises which prevents Innove from rendering the Service. In such an event, Subscriber shall not be liable to pay pre-termination charge.
Subscriber shall not assign or transfer its subscription to the Service without the prior written consent of Innove.