Terms and Conditions

The following indicates and explains the terms and conditions for the Acceptable Use Policy for the use of ISPx Unlimited. Upon using the ISPx Unlimited, users are bound to follow the rules and regulations stated herein, as well as future modifications, should there be any. Penalty for the violation of any of these rules and regulations are specified under the section "Penalty for Violation".

Disclaimer

ISPx Unlimited reserves the right to modify, if necessary, the contents of its Acceptable Use Policies without the benefit of prior warning or notification.

ISPx Unlimited reserves the right to deny any requests for, but not limited to personal data/information, port numbers, caller-ID numbers to its subscribers, especially in cases of network, services, and security abuse.

ISPx Unlimited does not warrant that the service shall be uninterrupted or error-free, nor does it make any warranty as to the accuracy, reliability, or content of any information, service, or merchandise provided through the subscriber's access to the Internet service.

ISPx Unlimited assumes no responsibility and liability for any content on the Internet other than what is developed and published on the World Wide Web by ISPx Unlimited.

ISPx Unlimited will not be held liable to anyone for any loss or damages arising from the use of and/or inability to use the Internet services, including, but not limited to damages resulting from lost data or lost profits.

General Policy

Use of ISPx Unlimited for advertising or promotion of a product or service without the express, written consent of ISPx Unlimited is prohibited. ISPx Unlimited reserves the right to restrict/deny and/or change for any use of ISP Bonanza systems and/or ISPx Unlimited networks which, in ISPx Unlimited's sole discretion, is beyond the regular bounds of space, bandwidth or frequency. Some of the materials available on the Internet may be considered profane, pornographic, obscene and/or illegal. Such being the case, the subscriber is solely held responsible for his/her own discretionary judgment in accessing, viewing, reading obtaining and/or using such materials.

The Users hereby warrants that any material submitted for publication entered into ISPx Unlimited systems by the User's Account does not violate or infringe upon any copyright, trademark, patent, statutory or common law or proprietary rights of others or contain anything obscene or libelous and is not in conflict or competition with ISPx Unlimited or any ISPx Unlimited affiliate.

ISPx Unlimited reserves the right to disconnect or deactivate the equipment or software of any User at anytime without any prior notice in situations where the subject equipment or software is directly interfering with ISPx Unlimited's capability to provide Services. The User must, at all times, comply with ISPx Unlimited's requirements regarding the proper access equipment, as well as the mode of access to and/or use of the Services.

ISPx Unlimited reserves the right to withhold the release of a User's information to another User or to any person or entity, since all applications shall be treated with confidentiality, except where the prior written consent of the User is obtained or when such information is required to be disclosed pursuant to any applicable law or legal process or inquiry issued by any goverment body or court of law.

The User acknowledges that the Services provided by ISPx Unlimited is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, User agrees that ISPx Unlimited shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the Company. User further acknowledges that the Company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by User for services during the period damages occurred. In no event shall ISPx Unlimited be liable for any special or consequential damages, loss or injury. ISPx Unlimited, at its sole discretion may decide whether or not credit is due for any loss of Service.

ISPx Unlimited reserves the right to revise the terms and conditions aforementioned at any time upon notice to the User in such terms as determined appropriate by ISPx Unlimited.

ISPx Unlimited reserves the right to cancel User's rights under this contract at anytime without further obligation.

User Guideline

Users are prohibited from transmitting on or through any of the ISPx Unlimited services, any material that is, in ISPx Unlimited's sole discretion, unlawful, threatening, abusive, libelous, hateful, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law.

ISPx Unlimited's services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data, or material in violation of the Republic of the Philippines or state regulation or law, or by common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. ISPx Unlimited reserves the right to remove such illegal material from its servers.

Reselling of ISPx Unlimited products and services is not permitted, unless specifically authorized and documented in a written agreement.

Security of passwords is the main responsibility of users. Users are not allowed to share password or account with others.

Users are responsible for all charges against their account, but not limited to charges resulting from unauthorized use of their account, until such time that ISPx Unlimited has been notified in writing of any possible security breach, which is still subject for investigation.

E-Mail

Harassment in all forms thru the Internet, sending unsolicited/bulk mail, including the sending of "Junk Mail" or other advertising materials to individuals who did not specifically request such material or so-called "Email Spam" is explicitly prohibited unless the recipient requested it. Malicious emails, chain letters or pyramid schemes, whether the recipient requested it or not, are prohibited. Unauthorized use of subscriber or user account, whether company or individual, to retrieve messages and misuse or forging of mail header information are also prohibited. ISPx Unlimited also prohibits the following : (a.) Use of unsolicited email originated from the company or other companies connected in their behalf. (b.) Willful failure to secure open SMTP ports so as to prevent the authorized use of Subscriber or User resources for the purpose of sending unsolicited email by third party. (c.) Sending or receiving messages and/or information, which is offensive on moral, religious, racial, or political grounds or of an abusive, indecent, obscene, or menacing nature. (d.) Harassment, whether through language, frequency, or size of messages, is prohibited. (e.) Distributing viruses, trojans, and/or worms to or from the ISPx Unlimited network is strictly prohibited. (f.) Using a company or a customer account to collect replies to messages sent from another provider. Unauthorized use, or forging of mail header information is likewise prohibited. Administrator's Email; All Subscribers are required to accept and read email(s) addressed from the Management Team (info@tri-isys.com) and the Technical Support Team (support@tri-isys.com). Such mails must not be "bounced" or ignored. More so, Subscribers are required to respond to the email(s) should a reply be requested.

Dial-up, System, and Network Security

Users must acknowledge that the Internet connection Service provided by ISPx Unlimited has its own automatic self-maintenance routine check. This maintenance may need an automatic disconnection of every 4-5 hours of continuous session and is applicable to all ISPx Unlimited Users. After the User had been disconnected, the User may reconnect immediately after disconnection occurs.

Users may not attempt to circumvent user authentication or security of any host, network, or account. This includes, but shall not be limited to, accessing data that is not intended for the user, logging into a server or account the user is not authorized to access, or probing the security of the ISPx Unlimited's network or any other networks. Users may not attempt to interfere with service to other users, host or network, through "flooding" of networks, deliberate attempts to overload a service, and attempts to overload a service, and attempts to "crash" a host via "nuking" programs of any form.

Users may not use any kind of program/script/command, or send messages of any kind, designed to interfere with a user's Internet session via any means, locally or by the Internet.

Penalty for Violation

This acceptable User Policy will serve as the last and final warning.

Violators face potential restriction on and / or revocation of all privileges for a specific period of time. Blacklisting of the user, should it be necessary, is a right reserved by ISPx Unlimited. ISPx Unlimited reserves the right to suspend or terminate subscribers' access to and use of ISPx Unlimited's Internet service anytime, due to violations of these Terms and Conditions.

Finally, ISPx Unlimited reserves the right to take any legal action against violators, which it deems necessary to protect its interest.

Last Updated: 06/29/2004