Windows-Based Hosting Application Form

Please Print out this form, indicate your approval by signing on all the pages and at the space 
provided below and fax (+63-75-522-5089). Please allow for 24 hour business day processing of your application.  You will be contacted upon acceptance.

Domain Name Owner:

 

Registered Domain Name:
ie. yourcompany.domain 

 

[  ] Please register this domain for my account. (Registration fee is 100 usd for the 1st 2 years. Lead time is normally48 hours during business days. )

Alternative Domain Name to register in case the Domain Name above is already taken:

 

Website URL: i.e. www.yourcompany.domain

 

Telephone and Fax Number

 

Address:

 

Domain Owner's E-mail Address:

 

Domain Owner's Mobile Phone:

 

Technical Contact Name:   
(leave blank if Bitstop will register your domain)

 

Technical Contact E-mail Address:
(leave blank if Bitstop will register your domain)

 

Position:
(leave blank if Bitstop will register your domain)

 

Technical Contact's Mobile Phone:
(leave blank if Bitstop will register your domain)

 

Hosting Type

[   ] WebHosting         [   ] MailHosting         [  ]Others

Hosting Platform

[    ] Windows NT/2000 [    ] UNIX

Contract Duration 

 From:                                    To:

Upload Process

[   ] FTP          [   ] FrontPage         [  ]Both

Special Requests

 

[   ] SharePoint Team Services [  ] Database Support
[   ] Site Usage Analysis           [  ] WebMonitoring

Others:(subject to approval)
[   ] To run executable Programs 

 

Set-Up fee 
(Rate subject to change.)

[  ] PHP    500.00
[  ] PHP 2,500.00 (if with special requests)

Storage Rate
(Rate subject to change.)

[  ] PHP    500.00 per 400mb increments/month
[  ] PHP 5,000.00 per 3.5 gb/month
[  ] PHP _______ per _____month if w/ special request

 I have read and agree to the conditions stated below, I also understand that Bitstop reserves the right to refuse service without need for any reason or explanation.

 

_________________________________________        ______________________

Webhost Applicant Signature                                    Date Signed

 

Terms and Conditions: 

1.  Bitstop Licenses you the Right to a Web Site hosting services with Certain Limitations.

Subject to and conditioned upon BITSTOP Network Services’ retained rights and all other terms and conditions set forth in this AGREEMENT, BITSTOP agrees to license to YOU the right to use storage space for YOU for the exclusive purpose of storing and serving YOUR web site content via BITSTOP’s equipment for purposes consistent with this AGREEMENT. A monthly charge of PHP 550.00 for 400  megabytes of storage space used, including all files in the subdirectory, logs and database space used, will be billed to you at the end of each month. Each bill should be paid not later than 5 working days for date thereof. This agreement is for a period of one year, unless sooner revoked by Bitstop.

2.  The Original Owner Retains The Rights To Any And All Materials YOU Upload.

Any and all materials uploaded by YOU remain the property of the original owner of such materials. BITSTOP does not obtain any ownership interest in such materials, although YOU expressly instruct BITSTOP to make such materials available for public viewing on YOUR Web Site until such time that YOU delete such materials from YOUR Web Site or for the life of this agreement, whichever is shorter. Of course, BITSTOP’s rights to these materials are also not less than those of the general public could use them, such as by linking to YOUR web pages or publishing a review of YOUR web pages.

3.   Bitstop Makes No Warranties or Promises About The Performance Or Other Characteristics Of The Information, Services, or Products Provided.

No warranty is made by BITSTOP regarding any information, services or products provided through or in connection with this AGREEMENT, and BITSTOP hereby expressly disclaims any and all warranties, including without limitation: 1) any warranties as to the availability, quality, quantity, or content or services or goods provided to YOU hereunder; and 2) any warranties of merchantability or fitness for a particular purpose. The Parties hereby agree and acknowledge that no representations of any kind have been made to YOU regarding the potential volume of patronage of YOUR web site or any other person’s or entity’s web site or web page.

4.   Bitstop Will Never Be Liable To You, Even If You Are Harmed By Bitstop’s Negligence.

a.   BITSTOP shall not be liable for any damages resulting from disseminating, failing to disseminate, or incorrectly or inaccurately disseminating any communication, advertisement, or other materials of any kind comprising in whose or in part YOUR use of Web Site Space or BITSTOP’s Equipment

b.      BITSTOP shall in no event be liable to YOU, your customers or any third party for any loss resulting from any negligent or unintentional act of BITSTOP, and YOU specifically agree that BITSTOP does not owe YOU any duty of care with regard to BITSTOP’s performance of its obligations under this agreement. Without limiting, and in addition to the foregoing, BITSTOP shall not be liable for any losses resulting from a failure of computer equipment, or in the event that BITSTOP intentionally takes down some or all of its computer equipment or network, whether for maintenance or otherwise. It is YOUR duty to maintain primary storage of YOUR web site content on YOUR premises, and BITSTOP will have no liability for the accidental or unintentional destruction of any data stored on BITSTOP’s equipment, regardless of the cause.

5.  This Agreement Is Based On Various Material Promises And Representations, Including  Those Set Forth In Detail In This Paragraph.

a.   YOU told the truth when YOU signed up for web hosting; You Will Keep Us Informed Of Changes To Your Sign up information: When you signed up to host your web site with us, you provided  us with certain information (i.e. e-mail address, phone number, etc.). All of this information must be true and accurate. If it changes, you must immediately notify us of the change. The provision of current, accurate, and complete information is a material term of this Agreement.

b.       YOU will not break the law, including intellectual property law: YOU agree and warrant that YOUR use of Web Site Space and/or BITSTOP’s Equipment shall at all times comply with all laws, including, but not limited to, all federal, state and local laws throughout the Philippines. Affirmatively present, agree and warrant that you have and at all times shall have all necessary intellectual property rights, including, but not limited to, all copyrights, trademark and service mark rights and rights of publicity, both in the Philippines and throughout the world, to reproduce and disseminate, via the World Wide Web, all materials of every kind which YOU store in Web Site Space.

c.        YOU will not upload viruses: YOU agree and warrant that any and all material(s) of every kind which YOU store in Web Site Space or transmit using BITSTOP’s Equipment shall at all times be free from any and all damaging software defects, including, but not limited to, software “viruses” and other source code anomalies, which may cause software or hardware disruption or failure, significantly reduced computer operating speed, or compromise any security system.

d.     YOU will comply with the Accepted Uses: YOU shall at all times comply with the Accepted Uses and Policy as set forth at http://bitstop.com/policy.html. Failure to comply shall be grounds for immediate termination.

6.  If Bitstop Is Held Liable, Gets Sued, Has To Hire Attorneys, Or Otherwise Incurs Costs As A Result Of Your Actions, You Will Indemnify Bitstop For These Costs.

YOU agree that you shall fully indemnify BITSTOP including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from any and all claims, demands, actions, suits, losses, liabilities, damages, injuries, fines, penalties, costs and expenses, attorney’s fees, and all other consequences of every kind, directly or indirectly resulting from any and all failure(s) to fully comply with all the duties, obligations and other provisions set forth in this AGREEMENT,  including, but not limited to, YOUR warranties set forth in paragraph 6. 

YOU further agree to indemnify and hold harmless BITSTOP including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from and against any and all claims, demands, actions, suits, losses, liabilities, damages, injuries, fines, penalties, costs and expenses, including, without limitation, reasonable attorney’s fees, arising out of any property damage or recoverable economic loss incurred by a third party, to the extent such damage or loss is caused by any act or omission by YOU in connection with the performance of this AGREEMENT. In the event that BITSTOP reasonably believes that such an indemnity may become required, BITSTOP may suspend YOUR web site until YOU provide BITSTOP with proof of financial ability to provide this indemnity.

7.  This Agreement Does Not Create a Joint Venture or Partnership, and Bitstop Retains The Right To Provide Electronic Commerce Services If It Desires.

Nothing in this AGREEMENT is intended by the Parties to create or constitute a joint or collaborative venture or partnership of any kind between BITSTOP and YOU, nor shall anything in this AGREEMENT be construed as constituting or creating any such joint or collaborative venture or partnership between BITSTOP and YOU. BITSTOP shall have no control nor ownership interests of any kind in YOUR business. BITSTOP shall have no direct financial or other interest in, nor in any way “own” any online “store” or other online venture pertaining YOUR use of Web Site Space or BITSTOP’s Equipment. 

BITSTOP’s relationship to YOU shall be restricted to matters pertaining to the licensing of the use of Web Site Space exclusively.

8.  Bitstop’s Services Are Rendered On A Non-exclusive Basis, And Bitstop Can Provide Any Other Services To Any Other Party As It May Desire.

Any and all services which are or may be provided to YOU by BITSTOP pursuant to this AGREEMENT are not exclusive and nothing in this AGREEMENT shall limit or restrict BITSTOP from providing similar services to third parties regardless of whether such third parties are your competitors.

9.   Bitstop Expressly Disclaims Any Editorial Control, But Reserves The Right To Terminate Your Web Site And/Or This Agreement Should Bitstop Be Made Aware Of Violations Of The Law By You; Bitstop Also Reserves Its Right To Remove Offending Material.

BITSTOP and YOU hereby agree that, consistent with the strict policy of BITSTOP and in reliance of YOUR express warranties regarding the substantive content of advertisements, communications, messages and other materials which YOU store in Web Site Space, and/or otherwise disseminate via the use of BITSTOP’s Equipment, BITSTOP shall not be required to exert any editorial or other subjective control over the substantive content of such advertisements, communications, messages or other materials. However, BITSTOP reserves the right to terminate your use of its servers should Bitstop be made aware of violations of the law or this Agreement by YOU. 

BITSTOP is not required to provide any advance notice or explanation of such termination. Bitstop may also remove material it reasonably suspects to violate this Agreement, and such removal may be effected to use of a computerized detection and removal program.

10. This Agreement May Be Terminated upon 60 day notice; All Rights To The “Bitstop” Name And Sites and or any other root domain name and sites offered by BITSTOP Remain With Bitstop.

The term of this AGREEMENT is at will, and may be terminated upon a 60 day written notice by either BITSTOP or YOU  or otherwise as provided herein. Furthermore, upon termination, the rights to any name and/or internet address that terminates in bitstop.com, dagupan.com, pangasinan.com (i.e. “mysite.bitstop.com” or “mysite.dagupan.com” or “mysite.pangasinan.com”) or any other root domain name offered by BITSTOP (i.e. “mysite.rootdomainname.com”) shall remain with BITSTOP to be used in any manner BITSTOP desires.

11. If One Part Of This Agreement Is Unenforceable, Other Portions May Still Be Enforced.

In case any one or more of the provisions contained in this AGREEMENT shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this AGREEMENT shall be construed as if such invalid, illegal or unenforceable provision(s) had never been included. The invalidity or unenforceability of any provision(s) of this AGREEMENT shall not affect the validity or enforceability of any other provision.

12. If One Of The Parties Does Not Enforce Its Rights Under This Agreement That Does Not Mean That Its Rights Under The Agreement Are Waived.

Failure of either of the Parties at any time to enforce any of the specific provisions of this AGREEMENT shall not preclude any other or further enforcement of such provision(s) or the exercise of any other right hereunder. No waiver of a breach of this AGREEMENT shall be valid unless made in writing and signed by duly authorized representatives of both BITSTOP and YOU.

13. Any Disputes Under This Agreement Will Be Arbitrated Except For Cases Under A Certain Peso Amount,

Any and all disputes as to the interpretation of or any performance under this AGREEMENT which are not first resolved informally, shall be determined by binding arbitration in Dagupan City, Philippines in accordance with the rules of the Philippine Laws. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. Nothing in this paragraph shall preclude either party from seeking and obtaining any injunctive relief or other provisional remedy available in a court of law, including, specifically, BITSTOP’s right to prejudgment attachment and expedited discovery. 

Should any legal fees, costs, or other expenses be incurred by any party in attempting to enforce this, the prevailing party with regard to enforcement of this arbitration shall be entitled to recover such legal fees, costs, or other expenses without regard to whether such party prevails in the underlying case. The monetary limitation on relief that may be sought in a lawsuit filed in the city of Dagupan, shall not apply where the web site(s) at issue were created as a result of fraud (i.e. if YOU create web sites using falsified information during the sign up process, or create web sites knowing that you will use them in violation of the terms of this agreement, YOU waive the right to force us to arbitrate claims above the monetary limit set forth above).

14. The Agreement Provides For The Giving of Notices In A Specific Manner; Bitstop  May Change This Agreement At Any Time By Posting A New Version At A Specified Web Site.

All notices, payments, statements or other documents that any party to this AGREEMENT is required to or elects to give to the other parties will be in writing and will be delivered in one of the following ways: (a) by addressing the notice as indicated below and depositing the same registered or certified mail, postage prepaid, in the Philippine mail; (b) by Federal Express; or (c) by e-mail. Furthermore, this AGREEMENT may be materially altered by BITSTOP by posting the new version of the AGREEMENT at http://www.dagupan.com/policy.htm <http://www.dagupan.com/policy.htm> and if posted in this manner, shall be effective five business days after posting without providing notice pursuant to one of the foregoing mechanisms, or immediately upon providing notice pursuant to one of the foregoing mechanisms, whichever comes first. Each notice, statement or other document so delivered, except as this AGREEMENT expressly provides otherwise, shall be conclusively deemed to have been given when first personally delivered, on the date of delivery or on the first date of receipt. 

In the event that BITSTOP does materially change the terms of this agreement, you shall be bound by such changed terms unless you opt to terminate your agreement within five days of receipt of notice of such change. However, notice by e-mail or facsimile to BITSTOP shall be deemed ineffective, null and void unless a copy of such notice is also sent by registered or certified mail and postmarked not less than five days subsequent to the giving of facsimile or e-mail notice. Until further written notice, the addresses of the parties hereto are the following: For BITSTOP NETWORK SERVICES, INC.  2/f New Sim Too Bldg., AB Fernandez Ave., Dagupan City, Philippines E-mail: legal@dagupan.com For YOU: To the e-mail addresses and/or fax number, and physical address you entered when you registered your web site.

15. This Agreement May Be Executed In Counterparts.

This AGREEMENT, and all documents and instruments pertaining to it, may be executed in counterparts, each of which shall be deemed to be an original and all of which shall constitute the AGREEMENT, provided that the AGREEMENT shall not become effective until completely conforming counterparts have been signed and delivered by each of the parties hereto.

16. This Agreement May Not Be Assigned By You, But May Be Freely Assigned By BITSTOP.

This AGREEMENT and the rights pertaining thereto may not be assigned, resold or otherwise transferred in whole or in part by YOU without BITSTOP’s prior written consent. In particular, you may not sell accounts or sub accounts to third parties. Notwithstanding the above, this AGREEMENT shall be binding upon YOUR successors and assigns, if any. BITSTOP may assign and or all of its rights and/or obligations hereunder in its free, sole, and unfettered discretion. BITSTOP may immediately assign such rights by posting a notice at http://www.dagupan.com/policy.htm http://www.dagupan.com/policy.htm, and such assignment shall be immediately effective upon posting without the need or obligation for any further notice to YOU.

17. Any Dispute Are To Be Resolved In Dagupan City, Philippines, And This Agreement Is Binding On The Parties’ successors, Assigns, Etc.

This AGREEMENT shall be construed in accordance with the laws of the Philippines governing contracts executed and performed therein, and shall be binding upon and inure to the benefit of the parties, respective heirs, executors, administrators, successors and assigns. The parties agree that the City of Dagupan, Philippines shall be the proper place of jurisdiction for the determination of any disputes arising from this AGREEMENT, and the parties consent to jurisdiction of the Courts of the Dagupan City. Should any legal fees, costs, or other expenses be incurred by any party in attempting to enforce this choice of venue, the prevailing party with regard to enforcement of this choice of venue shall be entitled to recover such legal fees, costs, or other expenses without regard to whether such party prevails in the underlying case.

18. This Agreement Constitutes The Entire Agreement Between The Parties.

This AGREEMENT constitute the entire agreement of the parties with respect to the subject matter hereof, and supersedes and cancels all other prior agreement, discussion, or representations, whether written or oral. No officer, employee or representative of BITSTOP, INC. or YOU has any authority to make any representation or promise in connection with this AGREEMENT or the subject matter thereof which is not contained expressly in this AGREEMENT; and, BITSTOP and YOU hereby acknowledge and agree that neither BITSTOP nor YOU have executed this AGREEMENT in reliance upon any such representation or promise.

19. This Agreement May Not Be Modified Except In Writing Except That Bitstop May Make Any Modification By Posting On The Web As Set Forth In Paragraph 14.

No modification of this AGREEMENT, in whole or in part, shall be enforceable unless reduced to writing and signed by duly authorized representatives of the Parties. Notwithstanding the foregoing, Bitstop may make any modification by posting on the World Wide Web as set forth in paragraph 14 thereto.

20. Bitstop Will Cooperate Fully With Any Investigation By Law Enforcement, Or With Any Investigation Involving A Violation of These Terms and Conditions; Any Information You Put On Our Servers Is Intended For Public Release:

Bitstop will fully and completely cooperate with any official law enforcement investigation, and may choose, in its sole and unfettered discretion, to provide information of any kind to such law enforcement officials without the need for an official subpoena or search warrant. In addition, should Bitstop be made aware that a third party is conducting an investigation that involves a violation of these terms and conditions (for example, if an internet service provider is investigating the source of spam sent through its mail servers but promoting a site that the spammer created on Bitstop), Bitstop may choose, in its sole and unfettered discretion, to provide information of any kind to such third party without the need for a formal subpoena or other legal process. Furthermore, YOU specifically represent and agree that any information you post to our servers is intended by YOU as a communication made available to any and all members of the public. This means that YOU have no expectation of or request for privacy in any files or other materials YOU upload to our servers.

21. If you Previously Had A Bitstop Site That Was Terminated By Bitstop, You Cannot Host With Bitstop If You Are On Our “Permanent Termination” List:

When a site is terminated, Bitstop, Inc. may choose to add the owner of the site to a list of persons that may never host with Bitstop. That list may be found at http://www.dagupan.com/terminated.html. Note that if you signed up under a different or false name, we have put sufficient information on that list for you to identify yourself – the fact that your alias or false name, and not your real name, appears on the list does not alter the fact that you have been placed on the list. If you are on that list, Bitstop refuses to enter into a contract for web hosting services with you. What this means is that if you are on the list but nevertheless sign up and host with us again, you have committed the crime of theft of service and may face both civil and criminal penalties. YOU specifically agree that Bitstop may post any information about you, including without limitation the information you provided during the sign of process, on the “Permanent Termination” web page.

22. Disconnections – Bitstop reserves the right to suspend or disconnect, without need of prior notice, access of subscriber in the following instances:

·          Failure to settle dues on time including returned checks for any reason not imputable to the fault of Bitstop

·          Spamming, abusive behavior and or serious violation of internet etiquette

·          Unauthorized transfer of subscription or any unfair competition

·          Any form of reselling of this service withour prior written consent of Bitstop, except when YOU contract for a reseller package.

·          Any form of fraud or misrepresentation or false statement  in the service agreement

·          Manipulation of and or unauthorized entry to any computer program or system whether destructive or not

·          Violation of any of the terms of this agreement and of Bitstop Network Services’ Acceptable Use Policy (see Annex A)

23. Reconnection Web hosting service shall only be reactivated upon settlement of subscriber’s arrears and reconnection fee equivalent to 50% of the regular set-up fee or 2,500 whichever is higher, and an advance of 2 months, monthly fee.

24. Bitstop can provide free DNS server hosting for so long as the web the dns entries refer to are part of this agreement. For purposes of expediency, the DNS servers to use are as follows:

·                              Primary        : master.dagupan.com 202.91.161.130

·                              Secondary    : rasserv.dagupan.com 202.91.161.132

·                      

 

Annex A.

Bitstop Network Services: Acceptable Use Policy

As a provider of Internet access, web site hosting, and other Internet-related services, Bitstop Network Services offers its customers (also known as subscribers), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. Bitstop Network Services respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Bitstop Network Services, Inc. reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Bitstop Network Services has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing Bitstop Network Services' services. This AUP will be revised from time to time. A customer's use of Bitstop Network Services' services after changes to the AUP are posted on Bitstop Network Services' web site, http://www.bitstop.ph, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Bitstop Network Services cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because Bitstop Network Services cannot monitor or censor the Internet, and will not attempt to do so, Bitstop Network Services cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.

When subscribers disseminate information through the Internet, they also must keep in mind that Bitstop Network Services does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over Bitstop Network Service’s network and may reach a large number of people, including both subscribers and non-subscribers of Bitstop Network Services, subscribers' postings to the Internet may affect other subscribers and may harm Bitstop Network Service’s goodwill, business reputation, and operations. For these reasons, subscribers violate Bitstop Network Services policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward Bitstop Network Services, but also because it can overload Bitstop Network Services’ network and disrupt service to Bitstop Network Services subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Bitstop Network Services has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.

Intellectual Property Violations -- Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Bitstop Network Services is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Bitstop Network Services’ policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Obscene Speech or Materials -- Using Bitstop Network Services’ network to advertise, transmit, store, post, display, or otherwise make available pornography or obscene speech or material. Bitstop Network Services is required by law to notify law enforcement agencies when it becomes aware of the presence of pornography on or being transmitted through Bitstop Network Services’ network.

Gambling – Bitstop Network Services will not accept sites that offer gambling in any form. If a client is found to host such site, Bitstop Network Services has the right to shut it down and revoke the client’s contract.

Defamatory or Abusive Language -- Using Bitstop Network Services’ network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks -- Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities -- Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.

Facilitating a Violation of this AUP -- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.

Export Control Violations -- Exporting encryption software over the Internet or otherwise, to points where exporting of encryption software is considered illegal.

Usenet Groups -- Bitstop Network Services reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities -- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.

Other Activities -- Engaging in activities, whether lawful or unlawful, that Bitstop Network Services determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. Bitstop Network Services will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Bitstop Network Services policy or applicable law. When Bitstop Network Services becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.

Bitstop Network Services also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching Bitstop Network Services’ facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. Bitstop Network Services does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Bitstop Network Services has the right to directly take action against a customer of a subscriber. Also, Bitstop Network Services may take action against the Bitstop Network Services subscriber because of activities of a customer of the subscriber, even though the action may effect other customers of the subscriber. Similarly, Bitstop Network Services anticipates that subscribers who offer Internet services will cooperate with Bitstop Network Services in any corrective or preventive action that Bitstop Network Services deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Bitstop Network Services policy.

Bitstop Network Services also is concerned with the privacy of on-line 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, Bitstop Network Services urges its subscribers to assume that all of their on-line communications are insecure. Bitstop Network Services cannot take any responsibility for the security of information transmitted over Bitstop Network Services’ facilities.

Bitstop Network Services will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. Bitstop Network Services may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Bitstop Network Services may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Bitstop Network Services assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Bitstop Network Services may disclose subscriber information or information transmitted over its network where necessary to protect Bitstop Network Services and others from harm, or where such disclosure is necessary to the proper operation of the system.

Bitstop Network Services expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate Bitstop Network Services policy. Finally, Bitstop Network Services wishes to emphasize that in signing the service agreement, subscribers indemnify Bitstop Network Services for any violation of the service agreement, law, or Bitstop Network Services policy, that results in loss to Bitstop Network Services or the bringing of any claim against Bitstop Network Services by any third-party. This means that if Bitstop Network Services is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against Bitstop Network Services, plus costs and reasonable attorneys' fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including Bitstop Network Services and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to abuse@dagupan.com.

 

 

 

Windows-Based Hosting Application Form

Please Print out this form, indicate your approval by signing on all the pages and at the space 
provided below and fax (+63-75-522-5089). Please allow for 24 hour business day processing of your application.  You will be contacted upon acceptance.

Domain Name Owner:

 

Registered Domain Name:
ie. yourcompany.domain 

 

[  ] Please register this domain for my account. (Registration fee is 100 usd for the 1st 2 years. Lead time is normally48 hours during business days. )

Alternative Domain Name to register in case the Domain Name above is already taken:

 

Website URL: i.e. www.yourcompany.domain

 

Telephone and Fax Number

 

Address:

 

Domain Owner's E-mail Address:

 

Domain Owner's Mobile Phone:

 

Technical Contact Name:   
(leave blank if Bitstop will register your domain)

 

Technical Contact E-mail Address:
(leave blank if Bitstop will register your domain)

 

Position:
(leave blank if Bitstop will register your domain)

 

Technical Contact's Mobile Phone:
(leave blank if Bitstop will register your domain)

 

Hosting Type

[   ] WebHosting         [   ] MailHosting         [  ]Others

Hosting Platform

[    ] Windows NT/2000 [    ] UNIX

Contract Duration 

 From:                                    To:

Upload Process

[   ] FTP          [   ] FrontPage         [  ]Both

Special Requests

 

[   ] SharePoint Team Services [  ] Database Support
[   ] Site Usage Analysis           [  ] WebMonitoring

Others:(subject to approval)
[   ] To run executable Programs 

 

Set-Up fee 
(Rate subject to change.)

[  ] PHP    500.00
[  ] PHP 2,500.00 (if with special requests)

Storage Rate
(Rate subject to change.)

[  ] PHP    500.00 per 400mb increments/month
[  ] PHP 5,000.00 per 3.5 gb/month
[  ] PHP _______ per _____month if w/ special request

 I have read and agree to the conditions stated below, I also understand that Bitstop reserves the right to refuse service without need for any reason or explanation.

 

_________________________________________        ______________________

Webhost Applicant Signature                                    Date Signed

 

Terms and Conditions: 

1.  Bitstop Licenses you the Right to a Web Site hosting services with Certain Limitations.

Subject to and conditioned upon BITSTOP Network Services’ retained rights and all other terms and conditions set forth in this AGREEMENT, BITSTOP agrees to license to YOU the right to use storage space for YOU for the exclusive purpose of storing and serving YOUR web site content via BITSTOP’s equipment for purposes consistent with this AGREEMENT. A monthly charge of PHP 550.00 for 400  megabytes of storage space used, including all files in the subdirectory, logs and database space used, will be billed to you at the end of each month. Each bill should be paid not later than 5 working days for date thereof. This agreement is for a period of one year, unless sooner revoked by Bitstop.

2.  The Original Owner Retains The Rights To Any And All Materials YOU Upload.

Any and all materials uploaded by YOU remain the property of the original owner of such materials. BITSTOP does not obtain any ownership interest in such materials, although YOU expressly instruct BITSTOP to make such materials available for public viewing on YOUR Web Site until such time that YOU delete such materials from YOUR Web Site or for the life of this agreement, whichever is shorter. Of course, BITSTOP’s rights to these materials are also not less than those of the general public could use them, such as by linking to YOUR web pages or publishing a review of YOUR web pages.

3.   Bitstop Makes No Warranties or Promises About The Performance Or Other Characteristics Of The Information, Services, or Products Provided.

No warranty is made by BITSTOP regarding any information, services or products provided through or in connection with this AGREEMENT, and BITSTOP hereby expressly disclaims any and all warranties, including without limitation: 1) any warranties as to the availability, quality, quantity, or content or services or goods provided to YOU hereunder; and 2) any warranties of merchantability or fitness for a particular purpose. The Parties hereby agree and acknowledge that no representations of any kind have been made to YOU regarding the potential volume of patronage of YOUR web site or any other person’s or entity’s web site or web page.

4.   Bitstop Will Never Be Liable To You, Even If You Are Harmed By Bitstop’s Negligence.

a.   BITSTOP shall not be liable for any damages resulting from disseminating, failing to disseminate, or incorrectly or inaccurately disseminating any communication, advertisement, or other materials of any kind comprising in whose or in part YOUR use of Web Site Space or BITSTOP’s Equipment

b.      BITSTOP shall in no event be liable to YOU, your customers or any third party for any loss resulting from any negligent or unintentional act of BITSTOP, and YOU specifically agree that BITSTOP does not owe YOU any duty of care with regard to BITSTOP’s performance of its obligations under this agreement. Without limiting, and in addition to the foregoing, BITSTOP shall not be liable for any losses resulting from a failure of computer equipment, or in the event that BITSTOP intentionally takes down some or all of its computer equipment or network, whether for maintenance or otherwise. It is YOUR duty to maintain primary storage of YOUR web site content on YOUR premises, and BITSTOP will have no liability for the accidental or unintentional destruction of any data stored on BITSTOP’s equipment, regardless of the cause.

5.  This Agreement Is Based On Various Material Promises And Representations, Including  Those Set Forth In Detail In This Paragraph.

a.   YOU told the truth when YOU signed up for web hosting; You Will Keep Us Informed Of Changes To Your Sign up information: When you signed up to host your web site with us, you provided  us with certain information (i.e. e-mail address, phone number, etc.). All of this information must be true and accurate. If it changes, you must immediately notify us of the change. The provision of current, accurate, and complete information is a material term of this Agreement.

b.       YOU will not break the law, including intellectual property law: YOU agree and warrant that YOUR use of Web Site Space and/or BITSTOP’s Equipment shall at all times comply with all laws, including, but not limited to, all federal, state and local laws throughout the Philippines. Affirmatively present, agree and warrant that you have and at all times shall have all necessary intellectual property rights, including, but not limited to, all copyrights, trademark and service mark rights and rights of publicity, both in the Philippines and throughout the world, to reproduce and disseminate, via the World Wide Web, all materials of every kind which YOU store in Web Site Space.

c.        YOU will not upload viruses: YOU agree and warrant that any and all material(s) of every kind which YOU store in Web Site Space or transmit using BITSTOP’s Equipment shall at all times be free from any and all damaging software defects, including, but not limited to, software “viruses” and other source code anomalies, which may cause software or hardware disruption or failure, significantly reduced computer operating speed, or compromise any security system.

d.     YOU will comply with the Accepted Uses: YOU shall at all times comply with the Accepted Uses and Policy as set forth at http://bitstop.com/policy.html. Failure to comply shall be grounds for immediate termination.

6.  If Bitstop Is Held Liable, Gets Sued, Has To Hire Attorneys, Or Otherwise Incurs Costs As A Result Of Your Actions, You Will Indemnify Bitstop For These Costs.

YOU agree that you shall fully indemnify BITSTOP including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from any and all claims, demands, actions, suits, losses, liabilities, damages, injuries, fines, penalties, costs and expenses, attorney’s fees, and all other consequences of every kind, directly or indirectly resulting from any and all failure(s) to fully comply with all the duties, obligations and other provisions set forth in this AGREEMENT,  including, but not limited to, YOUR warranties set forth in paragraph 6. 

YOU further agree to indemnify and hold harmless BITSTOP including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from and against any and all claims, demands, actions, suits, losses, liabilities, damages, injuries, fines, penalties, costs and expenses, including, without limitation, reasonable attorney’s fees, arising out of any property damage or recoverable economic loss incurred by a third party, to the extent such damage or loss is caused by any act or omission by YOU in connection with the performance of this AGREEMENT. In the event that BITSTOP reasonably believes that such an indemnity may become required, BITSTOP may suspend YOUR web site until YOU provide BITSTOP with proof of financial ability to provide this indemnity.

7.  This Agreement Does Not Create a Joint Venture or Partnership, and Bitstop Retains The Right To Provide Electronic Commerce Services If It Desires.

Nothing in this AGREEMENT is intended by the Parties to create or constitute a joint or collaborative venture or partnership of any kind between BITSTOP and YOU, nor shall anything in this AGREEMENT be construed as constituting or creating any such joint or collaborative venture or partnership between BITSTOP and YOU. BITSTOP shall have no control nor ownership interests of any kind in YOUR business. BITSTOP shall have no direct financial or other interest in, nor in any way “own” any online “store” or other online venture pertaining YOUR use of Web Site Space or BITSTOP’s Equipment. 

BITSTOP’s relationship to YOU shall be restricted to matters pertaining to the licensing of the use of Web Site Space exclusively.

8.  Bitstop’s Services Are Rendered On A Non-exclusive Basis, And Bitstop Can Provide Any Other Services To Any Other Party As It May Desire.

Any and all services which are or may be provided to YOU by BITSTOP pursuant to this AGREEMENT are not exclusive and nothing in this AGREEMENT shall limit or restrict BITSTOP from providing similar services to third parties regardless of whether such third parties are your competitors.

9.   Bitstop Expressly Disclaims Any Editorial Control, But Reserves The Right To Terminate Your Web Site And/Or This Agreement Should Bitstop Be Made Aware Of Violations Of The Law By You; Bitstop Also Reserves Its Right To Remove Offending Material.

BITSTOP and YOU hereby agree that, consistent with the strict policy of BITSTOP and in reliance of YOUR express warranties regarding the substantive content of advertisements, communications, messages and other materials which YOU store in Web Site Space, and/or otherwise disseminate via the use of BITSTOP’s Equipment, BITSTOP shall not be required to exert any editorial or other subjective control over the substantive content of such advertisements, communications, messages or other materials. However, BITSTOP reserves the right to terminate your use of its servers should Bitstop be made aware of violations of the law or this Agreement by YOU. 

BITSTOP is not required to provide any advance notice or explanation of such termination. Bitstop may also remove material it reasonably suspects to violate this Agreement, and such removal may be effected to use of a computerized detection and removal program.

10. This Agreement May Be Terminated upon 60 day notice; All Rights To The “Bitstop” Name And Sites and or any other root domain name and sites offered by BITSTOP Remain With Bitstop.

The term of this AGREEMENT is at will, and may be terminated upon a 60 day written notice by either BITSTOP or YOU  or otherwise as provided herein. Furthermore, upon termination, the rights to any name and/or internet address that terminates in bitstop.com, dagupan.com, pangasinan.com (i.e. “mysite.bitstop.com” or “mysite.dagupan.com” or “mysite.pangasinan.com”) or any other root domain name offered by BITSTOP (i.e. “mysite.rootdomainname.com”) shall remain with BITSTOP to be used in any manner BITSTOP desires.

11. If One Part Of This Agreement Is Unenforceable, Other Portions May Still Be Enforced.

In case any one or more of the provisions contained in this AGREEMENT shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this AGREEMENT shall be construed as if such invalid, illegal or unenforceable provision(s) had never been included. The invalidity or unenforceability of any provision(s) of this AGREEMENT shall not affect the validity or enforceability of any other provision.

12. If One Of The Parties Does Not Enforce Its Rights Under This Agreement That Does Not Mean That Its Rights Under The Agreement Are Waived.

Failure of either of the Parties at any time to enforce any of the specific provisions of this AGREEMENT shall not preclude any other or further enforcement of such provision(s) or the exercise of any other right hereunder. No waiver of a breach of this AGREEMENT shall be valid unless made in writing and signed by duly authorized representatives of both BITSTOP and YOU.

13. Any Disputes Under This Agreement Will Be Arbitrated Except For Cases Under A Certain Peso Amount,

Any and all disputes as to the interpretation of or any performance under this AGREEMENT which are not first resolved informally, shall be determined by binding arbitration in Dagupan City, Philippines in accordance with the rules of the Philippine Laws. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. Nothing in this paragraph shall preclude either party from seeking and obtaining any injunctive relief or other provisional remedy available in a court of law, including, specifically, BITSTOP’s right to prejudgment attachment and expedited discovery. 

Should any legal fees, costs, or other expenses be incurred by any party in attempting to enforce this, the prevailing party with regard to enforcement of this arbitration shall be entitled to recover such legal fees, costs, or other expenses without regard to whether such party prevails in the underlying case. The monetary limitation on relief that may be sought in a lawsuit filed in the city of Dagupan, shall not apply where the web site(s) at issue were created as a result of fraud (i.e. if YOU create web sites using falsified information during the sign up process, or create web sites knowing that you will use them in violation of the terms of this agreement, YOU waive the right to force us to arbitrate claims above the monetary limit set forth above).

14. The Agreement Provides For The Giving of Notices In A Specific Manner; Bitstop  May Change This Agreement At Any Time By Posting A New Version At A Specified Web Site.

All notices, payments, statements or other documents that any party to this AGREEMENT is required to or elects to give to the other parties will be in writing and will be delivered in one of the following ways: (a) by addressing the notice as indicated below and depositing the same registered or certified mail, postage prepaid, in the Philippine mail; (b) by Federal Express; or (c) by e-mail. Furthermore, this AGREEMENT may be materially altered by BITSTOP by posting the new version of the AGREEMENT at http://www.dagupan.com/policy.htm <http://www.dagupan.com/policy.htm> and if posted in this manner, shall be effective five business days after posting without providing notice pursuant to one of the foregoing mechanisms, or immediately upon providing notice pursuant to one of the foregoing mechanisms, whichever comes first. Each notice, statement or other document so delivered, except as this AGREEMENT expressly provides otherwise, shall be conclusively deemed to have been given when first personally delivered, on the date of delivery or on the first date of receipt. 

In the event that BITSTOP does materially change the terms of this agreement, you shall be bound by such changed terms unless you opt to terminate your agreement within five days of receipt of notice of such change. However, notice by e-mail or facsimile to BITSTOP shall be deemed ineffective, null and void unless a copy of such notice is also sent by registered or certified mail and postmarked not less than five days subsequent to the giving of facsimile or e-mail notice. Until further written notice, the addresses of the parties hereto are the following: For BITSTOP NETWORK SERVICES, INC.  2/f New Sim Too Bldg., AB Fernandez Ave., Dagupan City, Philippines E-mail: legal@dagupan.com For YOU: To the e-mail addresses and/or fax number, and physical address you entered when you registered your web site.

15. This Agreement May Be Executed In Counterparts.

This AGREEMENT, and all documents and instruments pertaining to it, may be executed in counterparts, each of which shall be deemed to be an original and all of which shall constitute the AGREEMENT, provided that the AGREEMENT shall not become effective until completely conforming counterparts have been signed and delivered by each of the parties hereto.

16. This Agreement May Not Be Assigned By You, But May Be Freely Assigned By BITSTOP.

This AGREEMENT and the rights pertaining thereto may not be assigned, resold or otherwise transferred in whole or in part by YOU without BITSTOP’s prior written consent. In particular, you may not sell accounts or sub accounts to third parties. Notwithstanding the above, this AGREEMENT shall be binding upon YOUR successors and assigns, if any. BITSTOP may assign and or all of its rights and/or obligations hereunder in its free, sole, and unfettered discretion. BITSTOP may immediately assign such rights by posting a notice at http://www.dagupan.com/policy.htm http://www.dagupan.com/policy.htm, and such assignment shall be immediately effective upon posting without the need or obligation for any further notice to YOU.

17. Any Dispute Are To Be Resolved In Dagupan City, Philippines, And This Agreement Is Binding On The Parties’ successors, Assigns, Etc.

This AGREEMENT shall be construed in accordance with the laws of the Philippines governing contracts executed and performed therein, and shall be binding upon and inure to the benefit of the parties, respective heirs, executors, administrators, successors and assigns. The parties agree that the City of Dagupan, Philippines shall be the proper place of jurisdiction for the determination of any disputes arising from this AGREEMENT, and the parties consent to jurisdiction of the Courts of the Dagupan City. Should any legal fees, costs, or other expenses be incurred by any party in attempting to enforce this choice of venue, the prevailing party with regard to enforcement of this choice of venue shall be entitled to recover such legal fees, costs, or other expenses without regard to whether such party prevails in the underlying case.

18. This Agreement Constitutes The Entire Agreement Between The Parties.

This AGREEMENT constitute the entire agreement of the parties with respect to the subject matter hereof, and supersedes and cancels all other prior agreement, discussion, or representations, whether written or oral. No officer, employee or representative of BITSTOP, INC. or YOU has any authority to make any representation or promise in connection with this AGREEMENT or the subject matter thereof which is not contained expressly in this AGREEMENT; and, BITSTOP and YOU hereby acknowledge and agree that neither BITSTOP nor YOU have executed this AGREEMENT in reliance upon any such representation or promise.

19. This Agreement May Not Be Modified Except In Writing Except That Bitstop May Make Any Modification By Posting On The Web As Set Forth In Paragraph 14.

No modification of this AGREEMENT, in whole or in part, shall be enforceable unless reduced to writing and signed by duly authorized representatives of the Parties. Notwithstanding the foregoing, Bitstop may make any modification by posting on the World Wide Web as set forth in paragraph 14 thereto.

20. Bitstop Will Cooperate Fully With Any Investigation By Law Enforcement, Or With Any Investigation Involving A Violation of These Terms and Conditions; Any Information You Put On Our Servers Is Intended For Public Release:

Bitstop will fully and completely cooperate with any official law enforcement investigation, and may choose, in its sole and unfettered discretion, to provide information of any kind to such law enforcement officials without the need for an official subpoena or search warrant. In addition, should Bitstop be made aware that a third party is conducting an investigation that involves a violation of these terms and conditions (for example, if an internet service provider is investigating the source of spam sent through its mail servers but promoting a site that the spammer created on Bitstop), Bitstop may choose, in its sole and unfettered discretion, to provide information of any kind to such third party without the need for a formal subpoena or other legal process. Furthermore, YOU specifically represent and agree that any information you post to our servers is intended by YOU as a communication made available to any and all members of the public. This means that YOU have no expectation of or request for privacy in any files or other materials YOU upload to our servers.

21. If you Previously Had A Bitstop Site That Was Terminated By Bitstop, You Cannot Host With Bitstop If You Are On Our “Permanent Termination” List:

When a site is terminated, Bitstop, Inc. may choose to add the owner of the site to a list of persons that may never host with Bitstop. That list may be found at http://www.dagupan.com/terminated.html. Note that if you signed up under a different or false name, we have put sufficient information on that list for you to identify yourself – the fact that your alias or false name, and not your real name, appears on the list does not alter the fact that you have been placed on the list. If you are on that list, Bitstop refuses to enter into a contract for web hosting services with you. What this means is that if you are on the list but nevertheless sign up and host with us again, you have committed the crime of theft of service and may face both civil and criminal penalties. YOU specifically agree that Bitstop may post any information about you, including without limitation the information you provided during the sign of process, on the “Permanent Termination” web page.

22. Disconnections – Bitstop reserves the right to suspend or disconnect, without need of prior notice, access of subscriber in the following instances:

·          Failure to settle dues on time including returned checks for any reason not imputable to the fault of Bitstop

·          Spamming, abusive behavior and or serious violation of internet etiquette

·          Unauthorized transfer of subscription or any unfair competition

·          Any form of reselling of this service withour prior written consent of Bitstop, except when YOU contract for a reseller package.

·          Any form of fraud or misrepresentation or false statement  in the service agreement

·          Manipulation of and or unauthorized entry to any computer program or system whether destructive or not

·          Violation of any of the terms of this agreement and of Bitstop Network Services’ Acceptable Use Policy (see Annex A)

23. Reconnection Web hosting service shall only be reactivated upon settlement of subscriber’s arrears and reconnection fee equivalent to 50% of the regular set-up fee or 2,500 whichever is higher, and an advance of 2 months, monthly fee.

24. Bitstop can provide free DNS server hosting for so long as the web the dns entries refer to are part of this agreement. For purposes of expediency, the DNS servers to use are as follows:

·                              Primary        : master.dagupan.com 202.91.161.130

·                              Secondary    : rasserv.dagupan.com 202.91.161.132

·                      

 

Annex A.

Bitstop Network Services: Acceptable Use Policy

As a provider of Internet access, web site hosting, and other Internet-related services, Bitstop Network Services offers its customers (also known as subscribers), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. Bitstop Network Services respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Bitstop Network Services, Inc. reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Bitstop Network Services has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing Bitstop Network Services' services. This AUP will be revised from time to time. A customer's use of Bitstop Network Services' services after changes to the AUP are posted on Bitstop Network Services' web site, http://www.bitstop.ph, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Bitstop Network Services cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because Bitstop Network Services cannot monitor or censor the Internet, and will not attempt to do so, Bitstop Network Services cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.

When subscribers disseminate information through the Internet, they also must keep in mind that Bitstop Network Services does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over Bitstop Network Service’s network and may reach a large number of people, including both subscribers and non-subscribers of Bitstop Network Services, subscribers' postings to the Internet may affect other subscribers and may harm Bitstop Network Service’s goodwill, business reputation, and operations. For these reasons, subscribers violate Bitstop Network Services policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward Bitstop Network Services, but also because it can overload Bitstop Network Services’ network and disrupt service to Bitstop Network Services subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Bitstop Network Services has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.

Intellectual Property Violations -- Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Bitstop Network Services is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Bitstop Network Services’ policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Obscene Speech or Materials -- Using Bitstop Network Services’ network to advertise, transmit, store, post, display, or otherwise make available pornography or obscene speech or material. Bitstop Network Services is required by law to notify law enforcement agencies when it becomes aware of the presence of pornography on or being transmitted through Bitstop Network Services’ network.

Gambling – Bitstop Network Services will not accept sites that offer gambling in any form. If a client is found to host such site, Bitstop Network Services has the right to shut it down and revoke the client’s contract.

Defamatory or Abusive Language -- Using Bitstop Network Services’ network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks -- Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities -- Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.

Facilitating a Violation of this AUP -- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.

Export Control Violations -- Exporting encryption software over the Internet or otherwise, to points where exporting of encryption software is considered illegal.

Usenet Groups -- Bitstop Network Services reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities -- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.

Other Activities -- Engaging in activities, whether lawful or unlawful, that Bitstop Network Services determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. Bitstop Network Services will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Bitstop Network Services policy or applicable law. When Bitstop Network Services becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.

Bitstop Network Services also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching Bitstop Network Services’ facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. Bitstop Network Services does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Bitstop Network Services has the right to directly take action against a customer of a subscriber. Also, Bitstop Network Services may take action against the Bitstop Network Services subscriber because of activities of a customer of the subscriber, even though the action may effect other customers of the subscriber. Similarly, Bitstop Network Services anticipates that subscribers who offer Internet services will cooperate with Bitstop Network Services in any corrective or preventive action that Bitstop Network Services deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Bitstop Network Services policy.

Bitstop Network Services also is concerned with the privacy of on-line 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, Bitstop Network Services urges its subscribers to assume that all of their on-line communications are insecure. Bitstop Network Services cannot take any responsibility for the security of information transmitted over Bitstop Network Services’ facilities.

Bitstop Network Services will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. Bitstop Network Services may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Bitstop Network Services may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Bitstop Network Services assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Bitstop Network Services may disclose subscriber information or information transmitted over its network where necessary to protect Bitstop Network Services and others from harm, or where such disclosure is necessary to the proper operation of the system.

Bitstop Network Services expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate Bitstop Network Services policy. Finally, Bitstop Network Services wishes to emphasize that in signing the service agreement, subscribers indemnify Bitstop Network Services for any violation of the service agreement, law, or Bitstop Network Services policy, that results in loss to Bitstop Network Services or the bringing of any claim against Bitstop Network Services by any third-party. This means that if Bitstop Network Services is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against Bitstop Network Services, plus costs and reasonable attorneys' fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including Bitstop Network Services and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to abuse@dagupan.com.