This Agreement governs the terms and conditions of provision of fixed line telephone and/or internet service and/or Value Added Services (the Services) to the Company. This Agreement embodies all the agreements and representations. BAYAN TELECOMMUNICATIONS, (“Bayan” a member of the Globe group of companies) reserves the right to adjust, modify or amend these terms and conditions as the needs of the Services may require, with due notice to Company.
- Term of Agreement – this Agreement shall be effective for the agreed Minimum Subscription Period (“MSP”) stated in the application form from activation date unless otherwise stated in the promo offer. Upon the lapse of the MSP, this Agreement shall be deemed automatically renewed and shall continue on a month-to-month basis until terminated by notice in accordance with the provisions of this Agreement.
- Coverage Agreement – This Agreement shall cover Services as described in Service Order Agreement (“SOA”).
In case of special promotions, a separate document setting forth the terms and conditions of such special promotion may supersede or supplement this Agreement.
- Application for Service
- Bayan shall process Company’s application for Services only if he signs the application form and attaches all of the required documents for credit evaluation.
- Approval of applications shall be at Bayan’s sole discretion. Bayan reserves the right to disapprove any application based on the required documents submitted. Bayan shall not be required to give any reason for disapproving any application. Company acknowledges that he has no action for the disapproval of his application.
- Prior to the installation of service, the applicant shall pay the installation and connection charges itemized in the SOA provided by Bayan to the Company.
- Line and service activation shall take place on a specific date determined by Bayan after the installation shall have been completed and tested.
- Rates and Charges; Deposit
- Monthly Rates – Bayan shall charge the Company for his usage of the Services in accordance with the rates approved by the National Telecommunications Commission (NTC) and as indicated in the SOA. Billing shall commence upon activation of the Service. In the event of any adjustment in rates, Bayan shall charge the Company the adjusted rate upon the effectivity of the order of the NTC approving the same.
- Deposits – Please refer to the respective Service Order of the subscribed Service.
- Billing and Payments
- Due Dates – Company shall promptly pay all charges, fees, costs, rentals or such other sums due as reflected in the official bill of Bayan on or before the due date specified therein without need of any demand.
- Place of Payment
- All payments of bills which are not overdue shall be made to Bayan at its Globe Broadband Payments and Services Centers or through such other agents as shall be authorized by Bayan. Bayan shall not be bound to honor payments made to persons or entities or at places not authorized by Bayan.
- Settlement of bills which are overdue shall be made only at Globe Broadband Payments and Service Center in full and under such terms and conditions as Bayan may impose. Bayan’s legal right and cause of action related to the collection of the entirety of such sums, penalties and other damages which the delayed payment shall have caused shall not be affected by payment, whether in full or in part, of the bill.
- Bayan shall send billing statements to Company’s billing address as indicated in the application form. The Company shall inform Bayan in advance and in writing of any change in the Company’s billing address. Bayan shall not be responsible for the consequences of the Company’s inability to receive bills and make payments resulting from the Company’s failure to timely notify Bayan of any change in address.
- Penalty Interest. In the event of failure by the Company to pay on or before the due date specified in the billing invoice, legal rate of interest shall be imposed on all overdue amounts, without prejudice to Bayan’s right to pursue any other legal action which Bayan may deem necessary to protect its interest.
- Application of Payment. All payments shall be applied first to the penalty interest, then billings in arrears and the balance if any, to the current obligation. Any excess epayment in respect of one billing may be used by Bayan to offset outstanding charges, fees, costs, rentals or any other sum due in another bill of the Company or credit it to the next month’s bill.
- All complaints or questions on billings shall be made by way of a written complaint and duly filed by Company or its authorized representative at the Globe Broadband Payments and Service Center. Such complaints shall be filed within ten (10) days from receipt of the questioned billings; otherwise, the billing shall be deemed accepted, final and conclusive against the Company.
- Bayan reserves the right to suspend or disconnect the Services after notice is given to the Company should the latter fail to pay all sums that are due Bayan under this Agreement. Reconnection shall be at the sole discretion of Bayan and shall be subject to such terms and conditions as may be imposed by Bayan, including the payment of reconnection fee.
- Credit Limit
- The Company shall be assigned a credit limit, which limit shall include a limit on usage for both domestic and international telephone service usage and/or internet package and/or Value Added Services when applicable. Bayan may render an interim billing even before the billing cycle, in the event the Company exceeds its credit limit. Should the Company fail to make payment within forty-eight (48) hours from receipt of the interim bill, or should Bayan be unable to serve the interim bill on the Company because the Company is unreachable at the billing address which the Company has last registered with Bayan, then Bayan may re-direct the Services until payment is made by the Company and his available credit limit is restored.
- Bayan reserves the right to refuse any request for increase in the credit limit or to require as a condition for increased credit limit, additional deposit or revised billing cycle.
- Services Modifications and Adjustments
Bayan shall charge the applicable administrative fees to cover internal processing of requests for Service Modifications initiated and requested by Company, including but not limited to, transfer of ownership, change of telephone number, increase/reduction/modification of the Services, reconnection, and other modifications related to the Services. Bayan shall inform the Company of the applicable administrative fees prior to executing the service Modification.
- Special Facilities and Installations; Alterations to Existing Services
- In the event of additional wiring, cabling and trunking where the nature of Service to be provided to the Company requires the installation of wiring, conduits, cabling or other service equipment not ordinarily provided to single-line residential subscribers, or where the premises in which the Company is located wishes to locate his telephone requires cabling, wiring or other services not provided in the standard installation package of Bayan, Bayan’s staff and/or authorized agents shall decide on the route of wiring and cabling in the Company’s premises, and Bayan shall not be obliged to utilize trunking or conduits provided by the Company. Bayan and the Company shall agree on the shouldering of the cost for such additional installation as a pre-requisite to the commencement of installation.
- In the provision of PABX and other electronic telephone traffic handling facilities, or other equipments related to the telephone services which are dependent on an external power supply. Bayan may, if it deems the same necessary request the Company to provide at his own expense the main power supply for the equipment connected to the telephone line in accordance with Bayan’s requirements.
- If in the opinion of Bayan the Company’s existing are inadequate to cope with this telephone traffic and/or likely to cause congestion in Bayan’s telephone network. Bayan shall advise and the Company shall promptly comply with such advice to upgrade the existing facilities to cope with such telephone traffic, at the Company’s own expense.
- Bayan reserves the right to decline to provide the Services when installation and/or maintenance difficulties are anticipated without the provision of special facilities or power supply until such time that the Company provides the cabling (such as conduit, pipe, etc.) requested by Bayan or Bayan is able to provide the same and the Company and Bayan shall have agreed on an arrangement for shouldering the costs thereof.
- Bayan may, with prior written notice to the Company and without charging the Company any fees, make any alteration to its Services, if Bayan considers such as necessary and desirable in the interest of public service. Bayan shall not be liable for any loss or inconvenience to the Company resulting there from. Similarly, Bayan shall not be liable for any damage, whether direct or indirect, actual or consequential, or otherwise, for any interruption or failure in service due to causes beyond the control of Bayan. Bayan shall not be liable to the Company or to any third party claiming from or through the Company for any damage, loss or injury, to persons or properties however arising occasioned by the equipment or any part thereof.
- Bayan reserves the right to terminate the Service at premises which are unauthorized and unsafe.
- Customer Premises Equipment and Internal Wiring
- The Company shall provide his own internal facilities such as wiring and sockets within the premises according to Bayan’s specifications and guidelines based on NTC’s Code of Practice. The Company may request Bayan or any of the NTC’s registered contractors/individual installer to provide the internal wiring and sockets at the Company’s expense.
- Only type-approved telephone and/or internet equipment shall be permitted for connection to Bayan’s network. The Company shall ensure that Bayan’s prior written permission is obtained before connection of other type-approved equipment to Bayan’s network. Type- approved telephones and/or internet equipment refer to those equipment supplied by the holder of Bayan’s Type Approval Certificate or his appointed agent(s).
- The Company shall ensure that the equipment is installed, maintained and operated in a proper manner so that no interference is cause to Bayan’s service and network and the safety of Bayan’s staff or authorized agents and the public are not endangered. Bayan shall not be responsible for ensuring the compatibility of other equipment that Company may decide to connect to Bayan’s provided equipment.
- The Company shall not make any adjustments, modifications or alterations to the equipment including the incorporation of any equipment accessory without prior written approval of Bayan and if, in the opinion of Bayan, alterations or additions to the equipment are deemed necessary, Bayan shall direct and the Company shall at its own expense carry out such alterations, modifications or additions.
- The Company shall strictly comply with and ensure compliance with all instructions/notices given by Bayan or NTC from time to time regarding the use and installation of the equipment. The Company shall undertake to promptly disconnect the Company owned equipment and wiring not provided by Bayan from the telephone network if requested by Bayan to do so at any time.
- Bayan may charge the Company for the cost of responding to a maintenance request at the Company’s premises if it is ascertained that the cause of the problem is attributable to the Company’s equipment and internal wiring.
- The Company is responsible in keeping the telephone and/or modem equipment in good condition, fair wear and expected. The Company shall exercise all due diligence to maintain the telephone and modem units and other equipment, if any, provided by Bayan or its authorized agents, including cleanliness and protection of the same from pests, insects and rodents. Company shall promptly report to Bayan any damage or malfunction of any telephone and/or modem unit or other equipment, if any. Company shall not attempt to make any repairs on any telephone and/or modem or any of the equipment provide by Bayan. Bayan shall not be responsible for any damage to the telephone and/or modem units, or for the voiding of warranties on repair in the case of units acquired by the Company through outright purchase, which may be caused by Company’s own attempt at repairing or causing the repair of such damage to wiring or sockets by persons unauthorized by Bayan.
- Bayan shall not be liable for any delay or interruption in or failure to provide or restore the Services caused by or attributable to Company’s equipment and facilities or any service provided by another person or entity.
- Telephone Numbers
Telephone numbers are randomly assigned by Bayan in accordance with the numbering plan assigned by the NTC and the Company has no property right to the telephone number assigned to him. Bayan reserves the right to alter and/or allocate any telephone number of, or to the Company at any time without being liable for any loss or inconvenience attributable to the change/ allocation of the telephone number whatever may be the cause for the change/ allocation.
- Assignment or Transfer of Ownership or Rights:
Transfer of Location of Telephone and/or Internet Service
- Company shall not, without Bayan’s prior written consent and the filling up of appropriate service modification request with Bayan, assign this Agreement or any right, interest or benefit herein, transfer or cause the transfer of the location of the telephone and/or modem, sub-lease the premises in which the telephone and/or modem is located, mortgage or hypothecate the telephone and/or modem or allow any person to share in the use and benefits of the Services or of this Agreement, whether for consideration or not.
- In the event Bayan discovers that Company has caused any of the foregoing without Bayan’s prior written consent, Bayan reserves the right to immediately terminate the Services without any obligation whatsoever to provide service to the transferee or mortgagee, or honor any agreement between the transferor and the transferee, or to impose such terms and conditions as it may deem fit, including the terms and conditions of this Agreement, for the reconnection or continuation of the Services to the transferee.
- Company shall continue to be liable for all charges for the use of the Services until he has personally notified Bayan and Bayan has approved such transfer or alternative arrangement. Company shall indemnify Bayan for all sums for which it may be liable arising from its refusal to render service to the authorized transferee.
- Furthermore, in the event Bayan opts not to execute a new agreement with the transferee, Company shall indemnify Bayan against all expenses incurred in respect of removing any wires or posts used solely for the Services.
- Responsibility of Company
- Ensure that the telephone service shall not be used at any time to make calls which may cause or may cause irritation, annoyance, embarrassment, harassment, vexation or nuisance of any kind whatsoever to others;
- Use all telephone and/or modem equipment and instruments installed by Bayan on the Company’s premises in a proper manner;
- Obtain the written approval of Bayan whenever he contemplates using the telephone Services as part of another telecommunications service, or as medium for promotion, publicity for any campaign for whatever purpose, of whatever nature, by whatever name called which is likely to generate a change in the telephone traffic in excess of his normal daily usage of the service, and/or likely to cause congestion in Bayan’s telephone network;
- Keep equipment provided by Bayan, if any, in good condition (fair wear and tear only excepted) and be fully responsible for any loss or damage to Bayan’s equipment in his premises whether the same be caused by fire, theft, vandalism, accident, fault or negligence by the Company or other persons or otherwise. The cost of the repair rendered necessary thereby or the cost of replacement of lost equipment shall be paid for by the Company.
- Promptly report to Bayan any problem with or damage to his fixed access unit, telephone and/or modem or telephone and/or internet line and any circumstance or any act of other persons which may or which the Company has reason to believe will cause damage to the telephone and/or internet lines or other instruments or equipment of Bayan;
- Permit Bayan’s staff and/or authorized agents at all reasonable times to enter its premises and every other place under its control through or over which any part of the equipment, or wire accessories pass or to which any part of the equipment, or wire or accessories is/are fixed for the purpose of inspecting, testing, examining, or altering Bayan’s equipment and/or ability to deliver the Services;
- Ensure that it shall not allow the telephone, telephone line and/or modem to be tapped, operated through a remote station, or messages transmitted therein to be in violation of existing law except by an answering machine which duly notifies the caller of the fact that the message is recorded.
- Company shall not cause or allow the extension of such telephone lines except with the prior written consent of Bayan, not allow Bayan’s telephone lines to be connected to a PABX without prior consultation with and written approval of Bayan;
- Exercise full control and responsibility for the use of and for all telephone calls originating from the telephone unit and number assigned to the Company. Company therefore agrees and acknowledges that all telephone calls made from the unit and number assigned to him shall, absent concrete proof produce by the Company of any specific fraud perpetrated by Bayan on his telephone unit or line, be conclusively presumed to be his or authorized by him and his accountability and obligation to Bayan;
- Company shall obey all applicable laws relating to the Services and shall;
- abide by generally accepted standards of conducts and usage of Services;
- not engage in any other activity that threatens the integrity of any network system;
- ensure that his use of the Services does not improperly restrict, inhibit, or degrade any other Subscriber’s use of the Services nor represent an unusually large burden on the network itself as determined by Bayan upon its sole discretion or does not improperly restrict, inhibit, disrupt, degrade or impede Bayan’s ability to deliver and monitor the service, backbone, network nodes and/or other services;
- not provide Internet access to other third party through dial-up connection, host shell account over the Internet, provide e-mail or news service, or send a news feed;
- not engage in any activity that may constitute transmission of voice or telephone calls using Voice Over Internet Protocol (VOIP).
- For either user
- Single User – Company shall also obtain Bayan’s prior written consent whenever he foresees possible expansion of subscribed network or when the circumstances warrants an update to a multi-user,
- Multiple User – whenever Company foresees any possibility of expansion outside the defined and delineated multi-user covered premises. Company shall likewise obtain Bayan’s written consent for any possible upgrade.
- Company shall provide true, correct and complete information as may be required by Bayan.
- Representations and Warranties
- Bayan shall endeavor to provide the Services reasonably in accordance with industry standards.
- Bayan does not warrant that the Services shall be interruption or error-free. The use of the Services, any information available and/or accessed to the Services and any security features provided for the Services shall be at Company’s sole risk. Bayan disclaims all warranties, either expressed or implied, including, without limitation, any warranties of merchantability or fitness for a particular purpose, or non-infringement.
- Bayan is not responsible for loss of data. The Services are not intended to be the sole back-up location for any data. Company is responsible for backing up his own data files to a location other than the Service. Company agrees that his Service comes with no warranty and is on an “AS IS” and “AS AVAILABLE” basis only. Company assumes all the risks associated with accepting the Services.
- Company represents and warrants that he has not represented to any third party that Bayan has made any warranty or representation of any kind with respect to the Services.
- Indemnification/Limitation of Liability
- Company shall defend and hold Bayan free and harmless from and against all claims, demands, actions, cause of action, judgment, cost and reasonable attorney’s fee and expenses of any nature for any damage of any kind arising from or related to any use of the Services whether such use was by Company or any party irrespective of whether Company has authorized or has known about such usage, or arising from any breach by Company of the terms and conditions of this Agreement, or otherwise arising under or related to this Agreement.
- In no event shall Bayan be liable for any unauthorized access by a third party to Company’s network or data resulting to Company’s loss of profits or data or any incidental, special, exemplary or consequential damage.
- Company acknowledges that the Services may be deactivated, suspended, disconnected, or interrupted due to various reasons or causes beyond Bayan’s control including but not limited to force majeure or acts of Gods, power and equipment failure or acts of omissions on the part of a third party. Accordingly, Bayan shall not be liable for any claim, liability, or damage whether direct, indirect, consequential or special, including but not limited to loss of opportunity, anticipated profits or other economic gains.
- Company shall be fully responsible for all claims and suits for damages to property or any injury or death to any person or persons resulting from the operation or malfunctioning of the equipment, his power supply or any other cause whatsoever, or failure or delay of Bayan’s system caused by such Company-supplied equipment, or for failure in establishing connection between the Company and other party or parties whatsoever because of such equipment.
- Bayan’s maximum liability for any damage arising out of or in any way related to this Agreement shall be limited to an amount equivalent the monthly service fee.
- By the Company – The Company may terminate this Agreement by filling-up at Globe Broadband Payments and Service Centers a written notice of termination at least one (1) calendar week prior to the intended effectivity of such termination. However, if the Company chooses to terminate or cancel the Services before the expiration of the MPS, Company will be subject to Clause 7 of the SOA.
- By Bayan – Bayan reserves the right to terminate this Agreement and disconnect Service to the Company, without liability whatsoever to said Company, if;
- The charges, fees, costs, rentals, or any other moneys payable under this Agreement or any other agreement, including any agreement between the Company and another party whereby Bayan derives pecuniary or other benefit and/or acts as billing and/or collecting agent for such other party, are not paid;
- The Company has otherwise breached any of the terms herein contained or performs acts otherwise prejudicial to Bayan;
- The Company fails to make deposits when required;
- The Company shall be adjudged bankrupt, insolvent, or be subject to a petition for suspension of payments or receivership, or if he makes any composition or arrangements for the benefits of his creditors
- The Company has provided any particular or information which is incorrect, false or incomplete;
- The Company resells or uses the Services in violation of the existing laws or for an illegal purpose or the Company uses the Services to conduct service such as international simple resale (ISR), unauthorized audiotex or as part of a ringback, dialback or similar operation, or avails of ringback, dialback or similar services utilizing the telephone issued by Bayan, no matter how short, be it temporary or permanent, whether or not for value.
- Any law enforcement body objects to the provision of telephone and/or internet service to the Company or an enforcement body advises Bayan that the telephone and/or internet service provided by Bayan to the Company has been or is being used in violation of the law, or that it has reasonable ground to believe that such telephone and/or internet service will be used in violation of the law;
- The Company is engaged in any act which defrauds or tends to defraud Bayan, whether the same is punishable under law or not.
- Company’s Liability on Termination
- Company shall from the date the notice of termination of this Agreement is given, be responsible for the safe custody of all properties of Bayan until such time that they are collected by Bayan’s staff or authorized agents or surrendered by Company to Bayan’s staff or authorized agents. Company shall allow Bayan’s staff and authorized agents to enter his premises where the equipment is installed and to remove said Bayan properties.
- Company shall use the Bayan facilities and/or Bayan services provided only for the purposes herein stated and shall not use the same to conduct any service such as callback, unauthorized audiotex, international simple resale (ISR), and other analogous services which are prohibited in the Philippines, or which operation or service constitutes a bypass defrauding Bayan and/or its interconnect partners the rightful access charges and other interconnect revenues.
- In the event that Company uses the Bayan facilities and services for any illegal or unauthorized service including but not limited to those enumerated above, Company shall immediately compensate Bayan upon demand an amount equivalent to the prevailing access and hauling charges or the appropriate revenue share (as agreed to be payable by Bayan pursuant to its Interconnection Agreement, or any amendment or renewal thereof with its Interconnect Partners) at the time the bypass was committed plus 50% of the total bypass compensation charges. Such bypass compensation shall be payable, without limitation, from the time the bypass activity was conducted by the Company until its discovery by Bayan and the complete payment thereof by the Company, and such bypass compensation shall be computed from the time the bypass occurred or was discovered, whichever is earlier, until actual cessation of bypass. Bayan shall likewise pass on, and Company agrees to accept and immediately pay, all other claims and damages by Bayan’s Interconnect Partners who may have been affected, directly or indirectly, by the unauthorized service.
- The foregoing notwithstanding, Bayan may, in the event of any violation of this provision and in addition to its right to demand bypass compensation, immediately and without need of notice to the Company, terminate this Agreement and disconnect or deactivate any of the interconnecting trunks or interconnection facilities for the purpose of severing the interconnection. Bayan shall not be liable to offending Company for any liability, loss or damage whatsoever, in such a case.
- The foregoing is without prejudice to any civil or criminal action that Bayan may have under the law or to Bayan’s claim for any and all damages that Bayan may suffer by virtue of any illegal and/or prejudicial acts of the Company and which Bayan is entitled to claim under the law and equity.
- Abandonment of Location of telephone and/or Internet service – If the Company vacates the premises or when/if Bayan finds that the said premises is no longer occupied by the Company, Bayan reserves the right to summarily terminate the Services, without being liable to the Company in damages otherwise, and also without prejudice to Bayan’s other rights under this Agreement.
- Required Disclosure – Bayan shall respect and comply with any and all laws, orders of the courts of law, government or law enforcement agencies and regulatory authorities, requiring disclosures of information regarding the Company’s account. Company acknowledges and agrees that such disclosures may be made and that he has no cause of action in law or in equity against Bayan for such disclosures.
- Easement – If Bayan shall at any time be unable to obtain or maintain any license, way leave, permission, or easement necessary for the provision or maintenance of telephone and/or internet service, Bayan may, by notice in writing to that effect, terminate this Agreement effective as of the date of such notice, and the Company shall be entitled to no payment or compensation except a return of so much of the subscription as shall have been paid for a period in advance of the date of termination and the balance of any deposit standing in the books of Bayan to the credit of the Company, less the value of any charges, fees and rentals due to Bayan under this Agreement.
- Venue of Suits and Litigation Expenses – In the event of suit arising from or connected with this Agreement, venue shall be in Mandaluyong City, to the exclusion of all other venues. In case of suit, the Company shall in addition to the amount due and collectible, pay twenty-five (25%) of such amounts as damages and another twenty-five (25%) of such amounts by way of attorney’s fees and costs of suits.
- Taxes – All taxes such as Value Added Tax presently imposed by the Government on the Service, usage charges and other fees as well as those taxes which the Government may impose hereon and in the future shall be for the account of the Company.
- Separability – If any provision of this Agreement or the application thereof to any situation or circumstances shall be invalid or unenforceable, the remained of this Agreement shall not be affected, and each remaining provision shall be valid and enforceable to the fullest extent.
- Notices – Any notice demand, request, or other communication under this Agreement shall be in writing and shall be deemed to have been duly given or made: (a) if made by hand delivery, when delivered; (b) if sent by mail, seven (7) days after being deposited in the post office, postage prepaid; and (c) if sent by facsimile receiver at proper number of a party hereto as specified below, when receipt is acknowledged, addressed as follows:
Innove Communications, Inc.
15/F Globe Telecom Valero Telepark
111 Valero St., Salcedo Village, Makati City
Email Address: [email protected]
Monday to Friday 8:00 AM to 8:00 PM
Hotline Tel.: (632)730-1288
Monday to Sunday 8:00 AM to 8:00 PM
- Amendments to this Agreement - Bayan reserves the right, in its sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of the change. In the event of any such change, Bayan will post it in its website. Subscriber should frequently visit Bayan's page to monitor any changes. Subscriber's continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes.
Acceptance User Policy (AUP) and Fair Usage Policy (FUP)
The Acceptable Use Policy (“AUP”) is designed to provide an understanding of the rules, limitations and restrictions regarding the use of Bayan’s services by the Company. References to “you" and “your” are references to you, the Company. This AUP supplements Bayan’s Service Agreement (“SA”). From time to time Bayan may impose reasonable rules and limitations regarding the use of its Services. The AUP is not exhaustive and Bayan reserves the right to modify the AUP at any time, effective upon either the posting of the modified AUP.
By registering for and using the services, and thereby accepting the terms and conditions of the Terms of the Service Agreement or its equivalent, 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:
- Personal or Business Use
- Use that is within the bounds of the laws and any rules and regulations of any government agencies for the use of the Service
- 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 suspension or termination of your account or such other action as Bayan deems appropriate. An unlisted activity may also be a violation of the AUP if it is illegal, irresponsible, or disruptive use of the internet. 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 SERVICES YOU RECEIVE FROM BAYAN. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. CONTENT INCLUDES, WITHOUT LIMITATION, YOUR ELECTRONIC MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS BAYAN’S POLICY TO TERMINATE REPEAT INFRINGERS, BAYAN RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME.
Customer Security Responsibilities
You are solely responsible for any breaches of security affecting servers under customer control. If your server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, you are responsible for the cost to rectify the damage done to your server and any other requirement affected by the security breach. The labor used to rectify any such damage is categorized as emergency security breach recovery and Bayan reserves the right to charge all costs related to rectifying the damage. Inquiries regarding security matters may be directed to [email protected]
System and Network Security Violations of system or network security are prohibited, and may result in criminal or civil liability. Bayan 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, mail-bombing, flooding, deliberate attempts to overload a system and broadcast attacks.M
- Forging of any TCP-IP packet header or any part of the header information in an e-mail or newsgroup posting.
High-risk services, which are services which tends to attract denial of service attacks, are strictly prohibited. This includes, but is not limited to, Internet Relay Chat (“IRC”) related services and selling of shell accounts.
Violators of the policy are responsible, without limitations, for the cost incurred by Bayan 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 Bayan reserves the right to change all costs related to rectifying the damage. Inquiries regarding security matters may be directed to [email protected] Bayan is concerned with the privacy of online communications and web sites. In general, the internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Bayan urges you to assume that all of your online 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
Bayan cannot take responsibility for the security of information transmitted over Bayan facilities.
You are responsible for protecting your password and for any authorized and unauthorized use of your password. You will not use or permit anyone to use Bayan Service or to access other systems or networks without authorization. Bayan will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.
You are expected to be familiar with and to practice good internet etiquette (Netiquette) as stated in this AUP. You will comply with the rules, appropriate to any network to which Bayan may provide access. You will not post, transmit, or permit Internet access to information you desire to keep confidential. You are not permitted to post any material that is illegal, libelous and/or tortuous, indecent or is likely to result in retaliation against Bayan by offended users. You are not allowed to post any material that will result to rebellion, insurrection, coup d’ etat, sedition, conspiracy to commit sedition or inciting to sedition.
Bayan reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.
Copyright Infringement – Software Piracy Policy
The Bayan network may only be used for lawful purposes. Transmission, distribution or storage of any information, data or material in violation of the law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Making unauthorized copies of software is a violation of the law, regardless how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating copyright law. If caught with pirated software, you may be liable under both civil and criminal law, and you may be fined and/or imprisoned. In compliance with the laws relating to Intellectual Property, please send notifications of claimed infringements to [email protected]. Bayan will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.
You have a responsibility to use the Bayan network responsibly. This includes respecting the other subscribers of Bayan. Bayan reserves the right to suspend and/or cancel service of any subscriber who uses the Bayan network in such a way that adversely affects other Bayan network subscribers. This includes but is not limited to:
Attacking or attempting to gain unauthorized access to servers and services that belong to Bayan or its subscribers (i.e. computer hacking), and/or participating in behavior which result in reprisals that adversely affect the Bayan network or other subscribers access to the Bayan network.
Bayan will react strongly to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include, but are not limited to “Internet Scanning” (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning, etc. Any unauthorized use of the accounts or computer by a Bayan subscriber, whether or not the attacked account or computer belongs to Bayan, will result in severe action taken against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. Any attempt to undermine or cause harm to a server or subscriber of Bayan is strictly prohibited.
All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation or AUP is prohibited. This includes, but is not limited to:
- copyrighted material; and/or
- material protected by trade secret and other and other statute; and/or
- dissemination of harmful or fraudulent content
Using any Bayan 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, stalking, abuse, spamming, the spread of viruses, or denial of service attacks in connection with use of Bayan services or products is prohibited. Using the Bayan 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 Bayan network are open to the public. You are solely responsible for your usage of the Bayan network and servers and any statement you make on servers hosted within the Bayan 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.
Pornography on the Internet
Our policy on pornography is zero tolerance, Bayan will cooperate fully with any criminal investigation into a subscriber’s violation of the Child Protection Act of 1984 concerning child pornography and the other laws on pornography. You are ultimately responsible for the actions of your clients over the Bayan network, and will be liable for illegal material posted by your clients.
According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ on the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.
Commercial Advertisements with E-mail
Bayan takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. This means that a subscriber of Bayan may not use or permit others to use Bayan’s network to transact in UCE. You may not host or permit hosting of sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Sending unsolicited messages to a number of recipients is by itself spamming, unless the individuals have specifically requested to be added to a mailing on the topic. This includes commercial advertisements and informational messages sent to recipients via electronic mail (e-mail) as well as off-topic messages posted in Usenet discussion groups where the recipients has not requested or invited the message. Mailing lists must be true opt-in mailing lists. Before sending any e-mail to listed user, a confirmation e-mail, with a tracking number, must be sent to the new subscriber, to which they must respond with a confirmation that they wish to be added to the list. You must keep these confirmations on file, so that in the case that a spam complaint is made against you, you have proof that the user did indeed opt-in. In addition, you must provide at least one easy way to opt-out. Opt-out requests must be honored immediately.
E-mail is a Person-to-Person Medium, Not a Broadcast Medium
You are strictly prohibited from using or permitting others to use UCE or SPAM over our network. As our Subscribers are ultimately responsible for the actions of their clients over the Bayan network, it is advisable to develop a similar or stricter policy for your clients.
Violation of Bayan’s SPAM policy as contained in this Agreement will result in appropriate legal action. Upon notification of an alleged violation of the SPAM policy, Bayan will initiate an immediate investigation (within 48 hours of notification). During the investigation, Bayan may restrict your access to the network to prevent further violation of the SPAM policy. Bayan may, at its sole discretion, restrict, suspend or terminate your account. Further, Bayan reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Bayan will notify law enforcement officials if the violation is believed to be a criminal offence.
Violation if Bayan SPAM policy may be reported to [email protected]
IP Address Overlap
Bayan administers the network on which your servers reside. You cannot use IP addresses which have not been assigned to you by Bayan staff. Any server found using IPs that have not been assigned will be suspended from network access until such time as the IP address overlap can be connected.
Bayan does not allow use of IRC Servers on the Bayan network without written authorization. This includes but is not limited to the use of server software, bits or the like. Violators’ servers will be suspended.
You understand that you are responsible for paying for any network resources that are used to connect your service to the Internet. You may request that your server be disconnected from the Internet, but you will still be responsible for paying for any network resources used up to the point of suspension or cancellation.
Bayan reserves the right to suspend network access to you if, in the judgment of the Bayan 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 Bayan’s reasonable judgment are violations of the terms of the AUP. If inappropriate activity is detected, all your accounts in question will be deactivated until an investigation is complete. Prior notification to you under these circumstances is no assured. In extreme cases, law enforcement will be contacted regarding the activity. You will not be credited for the time the customers’ machines had to be suspended. You will be credited on a prorated basis based on the monthly fees you pay for the servers that suspended for the time your machines had to be suspended.
Bayan reserves the right to cancel service at any time. If inappropriate activity is detected, all your accounts in question will be deactivated until an investigation is complete. Prior notification to you under these circumstances is not assured. In extreme cases, law enforcement will be contacted regarding the activity. All fees paid in advance of cancellation are non-refundable if Bayan institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to you (i.e. transfer, space, etc.).
Bayan wishes to emphasize that in signing the Bayan Terms and Conditions Agreement, or its equivalent, you will indemnify Bayan for any violation of Bayan terms and conditions agreement, law or AUP that results in loss to Bayan or the bringing of any claim against Bayan by any third party. This means that if Bayan is sued because of your or your customer’s activity, you will pay any damages awarded against Bayan, plus costs and reasonable attorney’s fee.
Acceptable Use – Broadband Services
You must not use the service in manner which interferes with the rights of the other users or which breaches Internet Etiquette as likewise enumerated herein.
Among others, you must not:
- disobey the rules of any newsgroup, forum, e-mail mailing list or other similar group
- post the same or similar messages to more than one USENET newsgroups (including excessive cross-posting or multiple-posting, also known as “SPAM”)
You must not use the service to obtain unauthorized access to computer, system or network.
If you do not have authorization, you must not:
- access or use any data, 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 of any other user or system or network.
Unlawfully accessing or damaging data in a computer is not only a breach of the Acceptable Use Policy, it is also a criminal offense punishable by fine imprisonment or both according to law.
You must not use the service in 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 Bayan systems or network connections or the Bayan or its upstreams or any other network. The Bayan 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 Bayan systems or the Internet or any other connected networks. You must not use the service as a staging ground to disable or interfere with other systems, for example DoS/DDoS attacks, Port Scans, etc. You must not use IRC (or other “chat” networks) bots or clone-bots on the service. An IRC bot is a program that runs and is connected to an IRC server 24 hours a day, automatically performing certain actions.
In using the service, you must not break any laws or infringe the rights of other persons.
For example, you must not:
- distribute or make available any abusive, obscene, defamatory or pornographic material
- distribute or make available any material which would be classified R or X (or refused classification) by the Classification Board or banned under the laws of the Republic of the Philippines
- copy or attempt to copy any material if you do not have the owner’s permission to do so.
To detect and deal with the breaches of the AUP, Bayan may take the following actions:
- Co-operate with the other service providers to control unacceptable user behavior,
- Co-operate with the Police (state or federal), 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
- Co-operate with any court order requiring information about the activities or the service details. Bayan may implement technical mechanisms to prevent behavior which breaches this policy (for example, which block multiple postings before they are forwarded to their intended recipients, access to peer-to-peer networks or websites or network addresses deemed to hold illegal content).
Bayan may exercise any rights it has under its contract with you whose account is being used in breach of this policy. Such rights include the right to suspend or terminate your use of the service.
Bayan may take any other action it deems appropriate, including taking action against offenders to recover costs and expenses of identifying them.
IP Address Allocation
An IP address is a number(s) that identifies a connection to the internet.
- Residential grade services are assigned an IP address upon successful authentication. This means that an IP address from an allocated pool is assigned to you upon log-in and that IP address will change from time to time as set by the system.
- Customers with static IP or those that do not form part of the allocated pool and will have a constant IP address
- Residential Grade services are required to re-connect/re-authenticate to Bayan network every 24-hour period (from initial log-in). This provides consistency and accuracy for usage and accounting purposes.
- Premium/Business DSL and fiber services are exempt from the above.
There are internet “servers” or “services” that are considered inappropriate to be hosted on Budget Grade and Fixed Wireless/Mobile Broadband services of Bayan namely:
- Anything that nay be defined as a “server”; examples are as follows:
- Web Server (port 80)
- Mail Server (port 25, 110, 143)
- Game Server (various ports)
- Any FTP Server (20, 21)
- DNS Servers (53)
- P2P Server (various ports)
- IRC (or other Chat) servers (various ports)
- Services specifically exempt are:
- Non-Business VPN
- Remote Control (i.e., Remote administrator, PC anywhere, Terminal Services, Laplink, VNC, etc.)
- On the fixed Wireless/Mobile Broadband, no P2P or anonymous services although SMTP, FTP and alike are allowed
Bayan reserves the right to block these or any other like services from operating on Bayan’s network by utilizing access-lists, firewall, filtering or other bandwidth control technologies to limit the amount of bandwidth available to services that are not permitted.
Open Relay Mail Servers
Bayan define an “Open-Relay” mail server as an SMTP mail server that allows third parties to send e-mails to other third parties. Third parties are those people/services that are not authorized to use an end-customer mail server.
One use of an Open-Relay server is that they are used to send spam/viruses to many people (perhaps hundreds of thousands). Open Relay servers cause significant stress on Bayan’s network and are not allowed under any circumstances.
Business customers who choose to operate their own mail servers are responsible for the orderly administration of those servers. They must be configured not to be able to be used for “open relaying”. If you need assistance, please contact Bayan.
Any customer, who operates an Open Relay mail server, whether purposefully or accidentally, will be liable for costs incurred by Bayan in dealing with the situation.
Disclaimer of Responsibility
Bayan 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 internet-related activities. Bayan 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 Bayan must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate cancellation.