BROADBAND SERVICE AGREEMENT

This Broadband Service Agreement (the “Agreement) governs the terms and conditions of provision of Broadband Service (the “Service”) to the Customer. The Service is a Broadband service that encompasses diverse high-capacity transmission methods for efficiently transmitting data, voice, and video over long distances at high speeds. It utilizes mediums such as coaxial cables, fiber optic cables, and radio waves. Broadband ensures a constant connection, eliminating the need for dial-up connections. This Agreement embodies all the agreements of the parties and supersedes any and all prior written and oral agreements and representations. INNOVE COMMUNICATIONS, INC. (“INNOVE,” a wholly-owned subsidiary of Globe Telecom, Inc.) and [CUSTOMER NAME] (“Customer”) reserve the right to adjust, modify or amend this Agreement as the needs of the Service may require, with consent in writing of the parties.

1. Coverage of Agreement

a) This Agreement shall cover Service as described in Broadband Service Order Form (the “Order Form”).

b) In case of special promotions, a separate document setting forth the terms and conditions of such special promotion may supersede or supplement this Agreement.

2. Documents Forming Part of this Agreement and Order of Precedence

a) Broadband Service Order Form;

b) Broadband Service Agreement;

c) Supplemental Form to the Broadband Service Agreement, if any.

Customer acknowledges that it has read and understood this Agreement and it shall faithfully and strictly comply with its terms and conditions.

In the event of any conflict of interpretation or inconsistency:

• a) between the Broadband Service Order Form and Broadband Service Agreement, the Broadband Service Order Form shall prevail;
• b) between the Broadband Service Order Form and Supplemental Form, the Supplemental Form shall prevail;
• c) between the Broadband Service Agreement and the Supplemental Form, the Supplemental Form shall prevail.

3. Application for Service

a) Innove shall process Customer’s application for Service only if all the following are provided and complied with:

• i. Signed copy of this Agreement;
• ii. Signed copy of the Order Form;
• iii. All required credit documentation;
• iv. Payment of all fees and charges, including advances and deposits if required by Innove; and
• v. Such other documents as may be required by Innove.

b) Approval of applications shall be at Innove’s sole discretion. Innove reserves the right to approve or disapprove any application for Service. Innove shall not be required to give any reason for disapproving any application. Customer acknowledges that it has no cause of action for the disapproval of its application.

4. Service Installation/Activation

a) Service activation shall take place on a specific date determined by Innove after the completion and testing of the installation.

5. Rates, Charges and Deposit

a) Monthly Service Fee (MSF) and One Time Charge (OTC) – Innove shall charge the Customer for its usage of the Service as indicated in the Statement of Account (SOA). In the event of any adjustment in rates, Innove shall charge the Customer the adjusted rate upon the effectivity of the order of the National Telecommunications Commission (NTC) approving the same.

b) Deposits – The Customer shall pay the deposit stated in the respective Order Form, if any.

6. Billing and Payments

a) Billing Commencement – Billing shall commence upon activation of the Service.

b) Due Dates – The full amount stated in the SOA shall be paid by the Customer on or before the due date stated therein, without need of any demand, such demand hereby expressly waived by Customer.

c) Place of Payment

• i. All payments of bills which are not overdue shall be made to Innove at any of its accredited payment channels. Innove shall not be bound to honor payments made to persons or entities or at places not authorized by Innove.
• ii. Settlement of bills which are overdue shall be made only at any of Innove’s accredited payment channels in full and under such terms and conditions as Innove may impose and Innove’s legal rights 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.

d) Penalty Interest – If Customer fails to pay the MRF within the said period, Customer shall pay a penalty interest on the overdue amount at the rate of 1.5% per month from date due until the same is fully paid. In addition, Innove reserves the right, without incurring any liability, to suspend or temporarily disconnect the Service until the overdue amount, plus interest, is paid in full.

e) Application of Payments – Any excess payment in respect of one bill may be used by Innove to offset outstanding charges, fees, costs or any other moneys in another bill or may be credited to the next month’s bill of the Customer. All payments shall be applied first to all overdue penalty interest, then billings in arrears and the balance, if any, to be applied to the current obligation.

f) Check Payments - Check payments shall be made payable to Innove Communications, Inc.

g) Denomination - The Customer shall pay based on the denomination set forth in this Agreement.

h) Disputed Billings

• i. All complaints or questions on billings shall be made by way of a written complaint emailed by the Customer or its authorized representative to [email protected] and [email protected]. Such complaints shall be filed not later than the due date. Otherwise, the SOA shall be deemed accepted, final, and conclusive against the Customer.
• ii. Innove shall endeavor to settle all disputed billings with the Customer at the soonest possible time. The foregoing notwithstanding, Innove reserves the right to disconnect the Service without prior notice if any SOA remains unpaid after due date. Innove shall not be liable to the Customer in any way for the disconnection and Innove’s only obligation shall be to reconnect the Service without penalty or fee and rectify amount erroneously paid and such amount shall be credited to the next bill, in the event Customer’s complaint proves to be valid. Innove will decide the billing complaints based on its records.

i) Changes in the Billing Address - Customer shall inform Innove in writing of any change in billing address by emailing [email protected] and [email protected]. Innove shall not be responsible for the consequences of Customer’s inability to receive and pay its bills as a result of its failure to timely notify Innove.

j) Service Suspension, Disconnection and Reconnection – Innove reserves the right to suspend or disconnect the Service after notice is given to the Customer should the latter fail to pay all sums that are due Innove under this Agreement. Reconnection shall be at the sole discretion of Innove and shall be subject to such terms and conditions as may be imposed by Innove, including the payment of reconnection fee.

7. Credit Limit

a) Each Customer shall be assigned a credit limit, which shall include a limit on usage for data, domestic and international telephone. Innove reserves the right to suspend, redirect or temporarily disconnect the Service as soon as the Customer exceeds its credit limit, or when otherwise warranted by abnormal usage patterns or other circumstances, without prior notice to the Customer. Innove may also render an interim billing even before the end of any one month or any one billing cycle in the event the Customer exceeds its credit limit. Should the Customer fail to make payment within forty-eight (48) hours from receipt of the interim bill, or should Innove be unable to serve the interim bill on the Customer because the Customer is unreachable at the billing address which it has last registered with Innove, then Innove may likewise suspend, redirect or disconnect the Service at its discretion, without liability to Innove. Innove shall have no liability whatsoever to the Customer for such suspension, redirection or temporary disconnection and shall have no obligation to reconnect the Service unless the cause for such suspension, redirection or temporary disconnection has been cured to its satisfaction. Such temporary disconnection may be made permanent at Innove's option due to the Customer's failure to cure the cause of disconnection within thirty (30) days from receipt of notice of the breach, in which case Section 6.j (Service Suspension, Disconnection and Reconnection) above shall apply. Non-exercise of the remedies herein above stated shall not absolve Customer from liability for all charges incurred in excess of the credit limit.

b) Innove 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 cycles, at its sole discretion.

8. Service Modifications

a) Innove shall charge an administrative fee to cover internal processing of service modifications requested by the Customer, 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 Service.

9. Special Facilities and Installations; Alterations to Existing Service

a) Where the nature of Service to be provided to the Customer requires special facilities and installation of wiring, conduits, cabling or where the premises in which the Customer is located or wishes to locate the Service requires cabling, wiring or other services not provided in the standard installation package of Innove, Innnove’s staff and/or authorized agents shall decide on the route of wiring or cabling in the Customer’s premises, Innove shall not be obliged to utilize trunking or conduits provided by the Customer and the Customer shall be liable for the costs of such additional installation as a pre-requisite to the commencement of installation.

b) In the provision of Private Automatic Branch Exchange (PABX), electronic handling facilities, or other equipment related to the Service which are dependent on an external power supply, Innove may, if it deems the same necessary request the Customer to provide at its own expense the main power supply for the equipment connected to the Service, in accordance with Innove’s requirements. Innove shall not be liable for any damages brought about by the non-provision of an external power supply.

c) Should Innove decides that the Customer’s existing facilities are inadequate to cope with Service traffic and/or likely to cause congestion in Innove’s network or Service, Innove shall advise and the Customer shall promptly comply, within Innove’s timeline, with such advice to upgrade the existing facilities to cope with such Service traffic, at the Customer’s own expense.

d) Without any liability whatsoever, Innove reserves the right to withdraw/terminate the Service when installation and/or maintenance difficulties are anticipated without the provision of special facilities or power supply until such time that the Customer provides the cabling, including but not limited to conduit, pipe, etc., requested by Innove or Innove is able to provide the same subject to charges against the Customer.

e) Innove may, with prior notice to the Customer, make any alteration to its equipment, apparatus, installation or Service, if Innove considers such as necessary and desirable in the interest of public service. Innove shall not be liable for any loss or inconvenience to the Customer resulting therefrom. Similarly, Innove 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 Innove. Innove shall not be liable to the Customer or to any third party claiming from or through the Customer for any damage, loss or injury, whether to persons or properties howsoever arising from or occasioned by the equipment or any part thereof.

f) Innove reserves the right to terminate the Service at premises which, in Innove’s sole discretion, is unauthorized or unsafe.

10. Customer Premises Equipment (CPE) and In House Wiring

a) The Customer shall provide its own internal facilities such as wiring and sockets within its premises according to Innove’s specifications and guidelines based on NTC’s Code of Practice. The Customer may request Innove or any of the NTC’s registered contractors/individual installers to provide the inhouse wiring and sockets at the Customer’s expense. The Customer shall exercise all due diligence to maintain the internal wiring and sockets, including cleanliness and protection of the same from pests, insects and rodents. Customer shall not however, attempt to make repairs on any damaged internal wiring and sockets and promptly report to Innove. Innove shall not be responsible for any damage to the telephone unit or line or other damages which may be caused by Customer’s own attempts at repairing or causing the repair of such damage to wiring or sockets by persons unauthorized by Innove.

b) Only type-approved CPE shall be permitted for connection to Innove’s network. The Customer shall ensure that Innove’s prior written permission is obtained before connection of other type-approved CPE to Innove’s network. Type-approved CPE refers to those equipment supplied by the holder of Innove’s Type Approval Certificate or its appointed agent(s).

c) The Customer shall ensure that the CPE is installed, maintained and operated in a proper manner so that no interference is caused to Innove’s Service and network, and the safety of Innove’s staff or authorized agents and the public are not endangered. Innove shall not be responsible for ensuring the compatibility of other CPE that Customer may decide to connect to Innove’s provided equipment, network or Service.

d) The Customer shall not make any adjustments, modifications or alterations to the CPE including the incorporation of any equipment or accessory without prior written approval of Innove. If, in the opinion of Innove, alterations, modifications or additions to the CPE are deemed necessary, Innove shall direct and the Customer shall, at its own expense, carry out such alterations, modifications or additions.

e) The Customer shall strictly comply with and ensure compliance with all instructions/notices given by Innove or NTC from time to time regarding the use and installation of the equipment. The Customer shall undertake to promptly disconnect the CPE and wiring not provided by Innove from Innove’s network or Service if requested by Innove to do so at any time.

f) The Customer shall be fully responsible for and shall fully indemnify Innove against all claims and suit for damages to property and/or any injury or death to any person or persons resulting from the operation, malfunctioning of its CPE, its power supply or any other cause whatsoever, or failure or delay of the Innove's system caused by such Customer-supplied-equipment, or for the failure in establishing connection between the Customer and another party or parties whatsoever because of such equipment.

g) Innove may charge the Customer for the cost of responding to a maintenance request at the Customer’s premises if it is ascertained that the cause of the problem is attributable to the Customer’s equipment or internal wiring.

h) The Customer is responsible for keeping the equipment in good condition, fair wear and tear excepted. The Customer shall exercise all due diligence to maintain any equipment, if any, provided by Innove or its authorized agent, including cleanliness and protection of the same from pests, insects and rodents. Customer shall not, however, attempt to make repairs on any Innove-provided equipment and promptly report any damage or malfunction to Innove. Innove shall not be responsible for any damage to any CPE or lines and cabling, or for the voiding of warranties on repair in the case of units acquired by the Customer through outright purchase, which may be caused by Customer's own attempts at repairing or causing the repair of such damage to wiring or sockets by persons unauthorized by Innove.

i) Innove shall not be liable for any delay or interruption in or failure to provide or restore the Service caused by or attributable to Customer’s equipment or facilities or any service provided by another person or entity.

11. Service Numbers

a) Service numbers are randomly assigned by Innove in accordance with the numbering plan assigned by the NTC. The Customer has no property right to the Service number assigned to it. Innove reserves the right to alter and/or allocate any Service number of, and or to, the Customer at any time without being liable for any loss or inconvenience attributable to the change/allocation of the Service number whatever may be the cause for the change/allocation.

12. Assignment or Transfer of Ownership or Rights: Transfer of Location of the Service

a) A Customer shall not, without Innove’s prior written consent and the filing of appropriate service modification request with Innove, assign this Agreement or any right, interest or benefit therein, nor transfer or cause the transfer of the location of the Service and any equipment owned by Innove, or the sub-lease of or transfer of ownership of the equipment owned by Innove (whether by itself or as part of a sale or lease of the premises in which the Service and equipment owned by Innove is located or incidental to any other commercial transaction) or mortgage or hypothecate the Service and equipment owned by Innove or allow any person to share the use of the Service or in the benefits of the Service and equipment owned by Innove or of this Agreement, whether for consideration or not.

b) In case of request for Service location transfer by the Customer, Innove reserves the right to deny the said transfer for such cause as may be determined by Innove, including among others, the unavailability of telecommunication facilities in the new location.

c) In the event Innove discovers that Customer has procured or caused any of the foregoing without Innove’s prior written consent, Innove reserves the right to immediately terminate the Service without any obligation whatsoever to provide the Service to the transferee or mortgagee, or honor any agreement between the transferor and/or 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 Service to the transferee.

d) Customer shall continue to be liable for all charges incurred on the Service, up and until it has personally notified Innove of any arrangements made with regard to the Service and Innove has approved such transfer or alternative arrangement, and shall in any event indemnify Innove for all sums for which it may be held liable by virtue of its refusal to render Service to the unauthorized transferee.

e) Furthermore, in the event Innove opts not to execute a new agreement with the transferee, Customer shall indemnify Innove against all expenses incurred with respect to removing any wires or posts used solely for the Service.

13. Responsibility of Customer

In addition to the other obligations of the Customer stated elsewhere in this Agreement, the Customer further agrees to:

a) Ensure that the Service shall not be used at any time to make calls which cause or may cause irritation, annoyance, embarrassment, harassment, vexation or nuisance of any kind whatsoever to others;

b) Use all equipment and instruments installed by Innove on the Customer’s premises in a proper manner such as but not limited to ensuring that the equipment is restored to its normal resting position when it is not being used;

c) Obtain the written approval of Innove whenever it contemplates using the Service as part of another telecommunications service, or as a 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 Service traffic in excess of its norm al daily usage of the Service, and/or likely to cause congestion in Innove’s network;

d) Keep equipment owned/provided by Innove, if any, in good condition (fair wear and tear only excepted) and be fully responsible for any loss or damage to Innove’s equipment in its premises whether the same be caused by fire, theft, vandalism, accident, fault or negligence by the Customer 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 Customer;

e) Promptly report to Innove any problem with or damage to its Service, instruments, equipment owned and installed by Innove, and any circumstance or any act of other persons which may or which the Customer has reason to believe will cause damage to the Service, instruments or equipment of Innove;

f) Permit Innove’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, wire or accessories is/are fixed for the purpose of inspecting, testing, examining or altering Innove’s equipment, properties or Service;

g) Not allow the Service or equipment owned by Innove to be tapped, operated through a remote station, or messages transmitted therein to be recorded in violation of existing law except by an answering machine which duly notifies the caller of the fact that the message is recorded;

h) Not cause or allow the extension of such Service except with the prior written consent of Innove, nor allow Innove’s Service to be connected to a PABX without prior consultation with and written approval of Innove;

i) Exercise full control and responsibility for the use of and for all calls originating from the Service number/s assigned to the Customer, and therefore agrees and acknowledges that all calls made from the Service number assigned to it shall, absent concrete proof produced by the Customer of any specific fraud perpetrated by Innove on its Service, be conclusively presumed to be its or authorized by it and its accountability and obligation to Innove;

j) Customer shall obey all applicable laws relating to the Service and shall:

• i. abide by generally accepted standard of conducts and usage of Service;
• ii. not engage in any other activity that threatens the integrity of any network system;
• iii. ensure that its use of the Service does not improperly restrict, inhibit or degrade any other customer’s use of the Service nor represent an unusually large burden on the network itself as determined by Innove upon its sole discretion or does not improperly restrict, inhibit, disrupt, degrade or impede Innove’s ability to deliver and monitor the Service, backbone, network nodes and/or other services;
• iv. 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;
• v. not engage in any activity that may constitute transmission of voice or calls using Voice Over Internet Protocol (VOIP).
• vi. For either user
  • Single User – Customer shall also obtain Innove’s prior written consent whenever it foresees possible expansion of subscribed network or when the circumstance warrants an update to a multi-user.
  • Multiple Users – Whenever Customer foresees any possibility of expansion outside the defined and delineated multi-user covered premises, Customer shall likewise obtain Innove’s written consent for any possible upgrade.
• vii. Customer shall provide true, correct and complete information as may be required by Innove.

14. Representations and Warranties

a) Innove shall endeavor to provide the Service reasonably in accordance with industry standards.

b) The Service is provided “as is.” Except to the extent prohibited by law, or to the extent any statutory rights apply that cannot be excluded, limited or waived, Innove and its affiliates (a) make no representations or warranties of any kind, whether express, implied, statutory or otherwise regarding the Service, and (b) disclaimer all warranties, including any implied or express warranties (i) of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, (ii) arising out of any course of dealing or usage of trade, and (iii) that the Service, will be uninterrupted, or that the Service is error free or free of harmful components, virus-free, or secure. The use of the Service, any information available and/or accessed to the Service and any security features provided for the Service shall be at Customer’s sole risk.

c) Innove shall not be responsible for loss of data. The Service is not intended to be the sole back-up location for any data. Customer is responsible for backing up its own data files to a location other than the Service. Customer assumes all the risks associated with accepting the Service.

d) Customer represents and warrants that it has not represented to any third party that Innove has made any warranty or representation of any kind with respect to the Service.

15. Indemnification/Limitation of Liability

a) The Customer shall indemnify, defend and hold harmless Innove from any third-party claim, suit or demand, which is due to gross negligence, fraudulent act or omission, or willful misconduct attributable to the Customer.

b) Innove shall not be liable to the Customer for any special, indirect, consequential or incidental damages, including loss of profits or revenues or loss of prospective business advantage, regardless of whether Innove had been advised of such damages or whether that liability arises in contract, tort, strict liability, breach of warranty, or otherwise

c) In no event shall Innove be liable for any damages arising from any unauthorized access by a third party to Customer’s network or data.

d) Except for accrued rights or payment obligations of the parties, neither party shall be liable for any loss, damage or cost arising out of or relating to failure to perform any of its obligations under this Agreement if such failure results from force majeure or fortuitous events.

e) Customer 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 its equipment, power supply or any other cause whatsoever, or failure or delay of Innove’s system caused by such Customer-supplied equipment, or for failure in establishing connection between Customer and other party or parties whatsoever because of such equipment.

f) Without prejudice to the applicability of indemnity/compensation in the event of breach relating to Bypass Clause, neither party will be liable for direct damages in excess of what has been paid by the Customer within the twenty four (24) months period immediately prior to the event of claim.

16. Termination

a) By the Customer for Convenience – The Customer may terminate this Agreement by filing through Innove’s account manager a written notice of termination at least thirty (30) days prior to the intended effectivity of such termination. However, if the Customer chooses to terminate the Service before the expiration of the MSP, it shall pay Innove all outstanding bills and a termination fee of stated in the Order Form per pre-terminated line. The termination fee specified in the Order Form is without prejudice to the right of Innove to bill the Customer by way of supplementary bills for charges that it discovers after such termination and final billing, as well as for such other imposts, interest and penalties, as well as other remedial action, which Innove may impose/take against Customer.

b) By Innove for Cause – Innove reserves the right to terminate this Agreement and disconnect Service to the Customer, without liability whatsoever to said Customer, if; in the sole determination by Innove:

• i. The charges, fees, costs, rentals, or any other obligation payable under this Agreement or under any other agreement, including any agreement between the Customer and any other party whereby Innove derives pecuniary or other benefit and/or acts such as a billing and/or collecting agent for such other party, whether for arrears or otherwise, are overdue or in arrears;
• ii. The Customer has otherwise materially breached any of the terms herein contained or performs acts otherwise prejudicial to Innove;
• iii. The Customer fails to make deposits when required;
• iv. The Customer shall be adjudged bankrupt, insolvent, or be subject to a petition for suspension of payments or receivership, or if it makes any composition or arrangements for the benefits of his creditors;
• v. The Customer has provided any particular or information which is incorrect, false or incomplete, which results to damages;
• vi. The Customer resells or uses the Service in violation of existing laws or for an illegal purpose or the Customer uses the Service as part of a ringback, dialback or similar operation, or avails of ringback, dialback or similar services utilizing the Service issued by Innove, no matter how short, be it temporary or permanent, whether or not for value;
• vii. Any law enforcement body objects to the provision of the Service to the Customer or any law enforcement body advises Innove that the Service provided by Innove to the Customer has been or is being used in violation of the law, or that it has reasonable ground to believe that such Service will be used in violation of the law;
• viii. The Customer is engaged in any act which defrauds or tends to defraud Innove, whether the same is punishable under law or not.
• xi. The Customer will use the Service:
  • i. for spamming;
  • ii. in a manner that adversely affects, interferes with or disrupts the use of the Service by other parties;
  • iii. in violation of the Acceptable Use Policy;
  • iv. for any activity that is contract to law, morals, custom, public policy, rules and regulations.

c) By Customer for Cause – Customer reserves the right to terminate this Agreement if Innove has otherwise materially breached any of the terms herein contained or performs acts otherwise prejudicial to the Customer.

d) Innove reserves the right to summarily cut all Innove's services extended to the Customer under this and any/all subscription agreements and contracts, for non- payment or any other violation of the Agreement.

e) In the event of termination of the Agreement by Innove for any of the reasons stated in this Section, the Customer shall be liable as stipulated under Section 17 (Customer’s Liability on Termination).

17. Customer’s Liability on Termination

a) In the event of termination of the Agreement by Innove, the Customer shall be liable to Innove for all charges incurred up to the time of termination of the Service, and penalty interest from the date of termination and up until all such charges are paid and settled in full by the Customer. Where Innove is unable to retrieve its equipment from the premises of the Customer upon termination for reasons attributable to the Customer, the Customer shall also be liable for the full cost of such equipment. The foregoing is without prejudice to any civil or criminal action which Innove may have under law, or to Innove's claim for any and all damages which Innove may suffer by virtue of the illegal and/or prejudicial acts of the Customer and which Innove is entitled to claim under law and equity.

b) The Customer shall, from the date notice of termination of the Agreement is given, in addition to the liabilities stipulated in Section 17.a (Customer’s Liability on Termination) hereof, be responsible for the safe custody of all Innove’s properties until such time they are collected by Innove’s staff and/or authorized agents or surrendered by the Customer to Innove’s staff and/or agents, and allow Innove's staff and/or authorized agents to enter the premises where the equipment is installed or obtain the necessary authorization for the same so that Innove's staff and/or authorized agents may remove all Innove's properties.

18. Bypass

a) Customer shall use the Innove facilities and/or Innove services provide only for the purpose 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 Innove and/or its interconnect partners the rightful access charges and other interconnect revenues.

b) In the event that Customer uses Innove’s facilities and/or Innove services for any illegal or unauthorized service including but not limited to those enumerated above, Customer shall immediately compensate Innove upon demand an amount equivalent to the prevailing access and hauling charges or the appropriate revenue share (as agreed to be payable by Innove pursuant to its interconnection agreement, or any amendment or renewal thereof, with its interconnect partners) at the time the bypass was committed plus fifty percent (50%) of the total bypass compensation charges.

c) Such bypass compensation shall be payable, without limitation, from the time the bypass activity was conducted by the Customer until and the complete payment thereof by the Customer, and such bypass compensation shall be computed from the time the bypass occurred until the actual cessation of bypass. Innove shall likewise pass on, and Customer agrees to accept and immediately pay, all other claims and damages by Innove’s interconnect partners who may have been affected, directly or indirectly, by the unauthorized service. This shall not be subject to any limitation of liability provided under this Agreement.

d) The foregoing notwithstanding, Innove 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 Customer, terminate this Agreement and disconnect or deactivate any of the interconnecting trunks or interconnection facilities for the purpose of severing the interconnection. Innove shall not be liable to offending Customer for any liability, loss or damage whatsoever, in such a case.

e) The foregoing is without prejudice to any civil or criminal action that Innove may have under the law or to Innove’s claim for any and all damages that Innove may suffer by virtue of any illegal and/or prejudicial acts of Customer and which Innove is entitled to claim under the law and equity.

19. Resale or Bundling of Service

a) Customer shall not resell or redistribute the Service or any portion thereof to any party, whether temporary or permanent, for value, or allow any such other party to occupy, use and/or gain access to the Service without Innove's prior written consent. Customer shall not use the Service as part of another telecommunication service or as a medium of promotion, publicity for any campaign for whatever purpose, of whatever nature, by whatever name called which is likely to generate a change in the usage of the Service in excess of its daily usage of the Service, and /or likely to cause congestion in Innove's network. In case of violation or suspicion of this prohibition, Innove shall immediately suspend or terminate the Service or this Agreement, without notice to the Customer and without any liability on the part of Innove. The foregoing is without prejudice to any civil or criminal action which Innove may have under law, or to Innove's claim for any and all damages which Innove may suffer by virtue of the illegal and/or prejudicial acts of the Customer and which Innove is entitled to claim under law and equity.

20. Data Privacy

a) Where applicable, each party agrees to the following security, privacy and data protection measures and provisions:

• i. Parties (where applicable), shall adhere to and abide by the provisions and obligations contained in Republic Act No. 10173 or the Data Privacy Act of the Philippines and its implementing rules and regulations, data privacy law and Innove’s data privacy policies which adopts Globe’s (Globe Telecom, Inc.) data privacy policy (http://www.globe.com.ph/privacy-policy). The use of personal information should also be specified to those authorized to process the personal data, and must be consistent with the purpose of this Agreement. Customer shall appoint an administrator internally who shall be in charge of managing, operating and controlling the data that will be for use by its end users. The administrator shall likewise function as the Single Point of Contact (SPOC) with third party vendor/licensor for the necessary documentation to be fulfilled as part of Service’s implementation activities. The Customer or its administrator shall create and implement Customer’s data information security policy.
• ii. Customer shall obtain all required consents under the Data Privacy Act of 2012 and all Relevant Laws before providing personal information. This includes the obligation to obtain the end user’s acceptance of the Service to signify consent to the processing of Customer Data/Information or personal identifiable information pursuant to the purpose of this Agreement. Customer or through its administrator shall exercise strict confidentiality and employ reasonable measures to ensure that its administrator officers, directors, employees, agents, attorneys, predecessors, successors, and assigns will hold such Customer Data Information with strictest confidence in accordance with this Agreement.
• iii. Customer acknowledges that Innove may use personal information to the extent necessary to comply with the requirements of the law and legal processes. Customer allows Innove to access and disclose to law enforcement or other government authorities, including any order of the court any data from, about or related to Customer, provided that Innove uses diligent reasonable efforts to assure that the personal information required to be disclosed is treated confidentially in the relevant proceeding and promptly notifies the Customer of the required disclosure to enable Customer the opportunity to prevent or control such disclosure.
• iv. Subject to the terms and conditions of the relevant third party terms, the Customer accepts/consents that some portions of the Service may require that personal information be provided. Such personal information refers to any and all information relating to the end user/s (including, but not limited to the name, contact number, email address, and mailing address) obtained via Customer access to or use of the Service.
• v. With Customer consent, Innove may use Customer Data for planning, research, design and marketing of services. Customer acknowledges that upon access to the Managed Security Services, including Personal information that the Customer and its end users knowingly provide via the Service. With Customer consent, Innove may use Customer Data for planning, research, design and marketing of services. Customer acknowledges that its data is automatically forwarded to the service provider upon access to the Service, including Personal Information that the Customer and its end user knowingly provide via the Service.
• vi. Any information disclosed in the public areas of the internet (such as message boards and forums) becomes public information. Customer should exercise caution when disclosing personal information in this way.

21. Counterpart and Electronic Signature

a) This Agreement may be executed in any number of counterparts, each of which is an original, but all of which together constitute one and the same agreement. This Agreement may be executed electronically or by way of electronic signature and such electronic signatures shall be deemed original signatures, have the same force and effect as manual signatures and binding upon the parties. If this Agreement shall be executed electronically, the best evidence of this Agreement shall be a copy of this Agreement bearing an electronic signature, in portable document format (.pdf) form, or in any other electronic format intended to preserve the original graphic and pictorial appearance of a document.

22. Taxes

a) Customer shall be responsible for all taxes such as Value Added Tax (VAT), sales, use or excise taxes, and similar charges of any kind imposed by any governmental entity for Services provided under this Agreement. Customers who are VAT exempt shall submit the necessary VAT exemption certificate.

Aside from the MRF and/or OTC, whichever is applicable, VAT and such other applicable taxes shall be imposed on Customer unless Customer is exempt from paying such taxes. If the Customer is not subject to VAT (this includes Exempt or Zero-Rated entities), Customer's authorized representative/s must inform their designated account managers and submit appropriate supporting documents as required by the Bureau of Internal Revenue (BIR). The non-imposition of VAT will be effective on the next billing date after the submission of appropriate documents, and no retroactive adjustments shall be made by Innove.

For Philippine Economic Zone Authority (PEZA) and other economic zone locators (eg. Subic Bay Metropolitan Authority [SBMA], Tourism Infrastructure and Enterprise Zone Authority [TIEZA]), yearly submission of updated zero-rated VAT certification is required to maintain the non-imposition of VAT.

b) Where applicable, Customer is responsible and shall pay for freight, shipping, handling insurance and other transportation charges, including, but not limited to all applicable import and export fees, duties and surcharges.

c) Customers who are designated withholding agents by the BIR shall submit electronically the BIR Forms 2307 and 2306, as applicable, via Globe’s eCWT Portal. The eCWT Portal is a platform that enables online end-to-end handling and processing of CWT certificates and is accessible via this link: https://ecwt.globe.com.ph/portal/.

23. Acceptable Use Policy (AUP)/Fair Use Policy (FUP)

Customer shall comply with Innove’s AUP/FUP found at https://www.globe.com.ph/business/sme/terms-conditions/globe-innove, which is made an integral part of this Agreement.

24. Miscellaneous

a) Abandonment of Location of Service – If the Customer vacates the premises or when/if Innove finds that the said premises is no longer occupied by the Customer, Innove reserves the right to summarily terminate the Service, without being liable to the Customer in damages or otherwise, and also without prejudice to Innove’s other rights under this Agreement.

b) Required Disclosure – Innove 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 Customer’s account. Customer acknowledges and agrees that such disclosures may be made and that it has no cause of action, in law or in equity, against Innove for such disclosures.

c) Easement – If Innove shall at any time be unable to obtain or maintain any license, way leave, permission, or easement necessary to the provision or maintenance of the Service, Innove may, by notice in writing to that effect, terminate this Agreement effective as of the date of such notice, and the Customer 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 Innove to the credit of the Customer, less the value of any charges, fees and rentals due to Innove under this Agreement.

d) Migration – Innove reserves the right to suspend or terminate the Service in case of migration.

e) 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 Customer shall in addition to the amount due and collectible, pay twenty-five percent (25%) of such amounts as damages and another twenty-five (25%) of such amounts by way of attorney’s fees and costs of suit.

f) Separability – If any provision of this Agreement or the application thereof to any situation or circumstance shall be invalid or unenforceable, the remainder of this Agreement shall not be affected, and each remaining provision shall be valid and enforceable to the fullest extent.

g) 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; and (b) if sent by mail, seven (7) days after being deposited in the post office postage prepaid, addressed as follows:

Innove Communications, Inc.

The Globe Tower, 32nd Street corner 7th Avenue, Bonifacio Global City, Taguig City,

Metro Manila 1634, Philippines

h) Aftersales, Technical and Non-Technical Inquiries, the Customer may contact the following:

• i. Website: business.globe.com.ph (for Enterprise accounts) www.https://www.globe.com.ph/business/sme.html (Small and Medium Business accounts)
• ii. Aftersales Support: [email protected], [email protected]
• iii. Premium Support Center: 02.77301288 (toll-free from anywhere in the Philippines using your Globe phone)
• iv. Technical Support Center: 02.79172888

Acceptance User Policy (AUP) and Fair Usage Policy (FUP)

INTRODUCTION

The Acceptable Use Policy (“AUP”) is designed to provide an understanding of the rules, limitations  and restrictions regarding the use of Innove’s services by the Company. References to “you" and  “your” are references to you, the Company. This AUP supplements Innove’s Service Agreement  (“SA”). From time to time Innove may impose reasonable rules and limitations regarding the use of its  Services. 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 https://www.globe.com.ph/business/sme/terms-conditions/globe-innove-aup-fup.html or notification of the modified AUP to you.

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:

1. Personal or 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 suspension or termination of your account 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  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 INNOVE. 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  INNOVE’S POLICY TO TERMINATE REPEAT INFRINGERS, INNOVE 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 Innove reserves the right to charge all costs related to rectifying the  damage. Inquiries regarding security matters may be directed [email protected]. 

System and Network Security Violations of system or network security 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, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
  
• 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 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 all costs  related to rectifying the damage. Inquiries regarding security matters may be directed  to [email protected]. Innove 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, Innove 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

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

Password Protection

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 Innove Service or to access other systems or  networks without authorization. Innove will fully cooperate with law enforcement authorities in the  detection and prosecution of illegal activity. 

Internet Etiquette

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 Innove 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 Innove 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. 

Innove 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 Innove 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]. Innove will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy. 

Network Responsibility

You have a responsibility to use the Innove network responsibly. This includes respecting the other subscribers of Innove. Innove reserves the right to suspend and/or cancel service of any subscriber who uses the Innove network in such a way that adversely affects other Innove network subscribers.  This includes but is not limited to: 

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

Innove 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 an Innove subscriber, whether or not the attacked account or computer belongs to Innove, 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 Innove is strictly prohibited. 

Lawful Purpose

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: 

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, stalking, abuse, spamming, the spread of viruses, or denial of service attacks in connection with use of Innove services 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 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. 

Pornography on the Internet

Our policy on pornography is zero tolerance, Innove 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  Innove 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

Innove 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 Innove may not use or permit others to use Innove’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 Innove network, it is advisable to develop a similar or stricter policy for your clients.

Violation of Innove’s SPAM policy as contained in this Agreement will result in appropriate legal action. Upon notification of an alleged violation of the SPAM policy, Innove will initiate an immediate investigation (within 48 hours of notification). During the investigation, Innove may restrict your access to the network to prevent further violation of the SPAM policy. Innove may, at its sole discretion, restrict, suspend or terminate your account. Further, Innove reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Innove will notify law enforcement officials if the violation is believed to be a criminal offence.

Violation if Innove SPAM policy may be reported to [email protected].

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 suspended from network access until such time as the IP address overlap can be connected.

IRC POLICY

Innove does not allow use of IRC Servers on the Innove 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.

Billing

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.

Suspension

Innove reserves the right to suspend 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 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.

Cancellation

Innove 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 Innove institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to you (i.e. transfer, space, etc.).

Indemnification

Innove wishes to emphasize that in signing the Innove Terms and Conditions Agreement, or its equivalent, you will indemnify Innove for any violation of Innove terms and conditions agreement, 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.

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”)

Unauthorized Access

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 Innove systems or network connections or the Innove or its upstreams or any other network. The 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 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.

Legal Material

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.

Detection/Co-operation

To detect and deal with the breaches of the AUP, Innove 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. Innove 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).

Innove 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.

Innove 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 Innove 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.

Permitted Services

There are internet “servers” or “services” that are considered inappropriate to be hosted on Budget Grade and Fixed Wireless/Mobile Broadband services of Innove 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

Innove reserves the right to block these or any other like services from operating on Innove’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

Innove 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 Innove’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 Innove.

Any customer, who operates an Open Relay mail server, whether purposefully or accidentally, will be liable for costs incurred by Innove in dealing with the situation.

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 internet-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.