4b. You agree to comply with the requirements of the Digital Millennium Copyright Act (the "DMCA") and acknowledge that Softvertix Web Solutions is a "service provider" under the DMCA and is therefore immune from liability under the DMCA, including 17 U.S.C.? 512. Consistent with the DMCA, Softvertix Web Solutions will accommodate standard technical measures used to identify and protect copyrighted works, and, as further described herein, Softvertix Web Solutions has a policy of terminating accountholders who are repeat copyright infringers.

5. UNLAWFUL OF PROHIBITED USE

As a condition of your use of Softvertix Web Solutions web services you warrant to Softvertix Web Solutions that you will not use the Softvertix Web Solutions web service for any unlawful purpose. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, international 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. Softvertix Web Solutions reserves the right to remove such illegal material from the Softvertix Web Solutions network servers immediately.

6. SERVER ABUSE

Any attempt to undermine or cause harm to a server, or customer is strictly prohibited. We also may move your site or request cancellation if you use a majority of system resources which affects other users.

6a. Refusal of Service: We reserve the right to refuse, cancel, or suspend service at our sole discretion.

6b. All accounts and customers using our services must adhere to all of our policies. Failure to follow any term or condition will be grounds for immediate account deactivation.

7. PASSWORD PROTECTED DIRECTORIES

Using password protected directories to conduct illegal activities is strictly prohibited. Sites that use password protected directories where their use is not clear are subject to suspension while we investigate the legality of the hidden content.

8. DOWNLOADABLE FILES

Collections of download files are not permitted on shared web servers because they slow the server down. A reasonable amount of download files can be permitted if you keep the file size under 2000 k. Downloadable files must be hosted on a download file server. Hosting accounts may not be used as a download distribution point for your software or media. They are to be used for standard web practices only.

10.  TERMS OF PAYMENT

You agree to pay Softvertix Web Solutions appropriate payment for the services received from Softvertix Web Solutions, in advance of the time period during which such services are provided. Payment may be made Smart Money, Globe GCach, or Western Union. Softvertix Web Solutions. You agree to provide Softvertix Web Solutions with current billing and contact information and authorize Softvertix Web Solutions to bill all account and related charges to the information on file. You further agree that until and unless you notify Softvertix Web Solutions of your desire to cancel any or all services received, those services will be billed on a recurring basis. You agree that subscriptions will be billed and charged automatically.

.    Delinquent accounts are those that remain unpaid at the next due date.

10a. Users (Shared Hosting) will have fifteen (15) days of due period to make payment. After fifteen (15) days of due period your account is considered delinquent, Softvertix Web Solutions will suspend your account and a 5% late fee will be assessed. After thirty (15) days of due period, Softvertix Web Solutions will terminate your delinquent account. All files within the account will be deleted on termination and no backups will be made. Reactivation of a terminated account has a fee of $20.00 (Approximate Php1000) plus fees due at the time of termination and you will be responsible to upload your site with your own backup copy.

10b. Prices do not include domain registration.

10c. No receipts or invoices will be sent by regular snail mail. If you definitely require one, you will shoulder the mailing expenses.

10d. Philippine residents have the option to pay in local currency through the options provided by Softvertix Web Solutions. Current options are Smart Money, Smart Padala, Globe GCash, or Western Union.

10i. If you wish to cancel your Web Hosting account, you must do so prior to your next due date to avoid being charged for additional month(s) of service. You may cancel your Softvertix Web Solutions service(s) by login to your Client Area > Select 'My Hosting Packages' > View Details > Request Cancellation from within your Client Area which is located at http://softvertixsolutions.com/whmcs/

10j. Softvertix Web Solutions does not offer a prorated refund based on the early cancellation of your services. If you are on a multi-month payment interval and wish to cancel a service prior to the end of the term, you will forfeit any monies paid for the service(s). Once money has been received on an account, this account will be considered under contract for the service provided by Softvertix Web Solutions for the term of agreement. This policy is in effect for all accounts at Softvertix Web Solutions. This only applies if you have been with us more than 30-days.


11. WEB SITE CONTENT

Full back-ups are made every two weeks. No guarantees are made of any kind, either expressed or implied, as to the integrity of these back-ups. Back-ups are made for server restoration purposes only. You (the client) are responsible for keeping a copy of your most current web site files as backup on a remote system. Softvertix Web Solutions is not responsible for any lost files, information, or data. However, if any loss of data occurs due to an error of Softvertix Web Solutions, Softvertix Web Solutions will use reasonable efforts to recover the data from the last available backup at no charge to you. If data loss occurs due to your negligence in securing an account or due to an action on your part, Softvertix Web Solutions will use reasonable efforts to recover the data from the most recent archive for a $20.00 (Php1000) fee.

12. USER RESPONSIBILITIES

You may not initiate sites that provide any of the following of the following content or links on the Softvertix Web Solutions servers:

Illegal use: Softvertix Web Solutions's services may not be used for illegal purposes, or in support of illegal activities. Softvertix Web Solutions reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil/international wrong doing.

Pirated Software (Warez) or any software that is copyrighted and not freely available for distribution without cost. To include software cracks.

Phreaking. Use of Softvertix Web Solutionss Hosting services for tricking telephone system is prohibited.

Archives. Softvertix Web Solutions's servers will not be used to store music, video and program archives.

Anarchy. The use of Softvertix Web Solutions's service for political disorder and confusion is prohibited.

Sexually explicit, obscene or pornographic content (whether in text or graphics) are prohibited.

Speech or images that are offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, and discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, and physical disability or otherwise) or that promote any illegal activity are prohibited.

Collection of personal data (Web Spoofing): Use of the Softvertix Web Solutions service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
Graphic violence. Softvertix Web Solutions's services will not be used to upload or display any clear and uncensored depiction of various violent acts.

Mirrored sites. Use of Softvertix Web Solutions's service as a file server that contains a duplicate set of files of another file server, thereby sharing the burden of distribution to ensure rapid availability of data when there is heavy demand is prohibited.

Harm to minors: Use of the Softvertix Web Solutions service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.

Threats: Use of the Softvertix Web Solutions service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

Harassment: Use of the Softvertix Web Solutions service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

Fraudulent activity: Use of Softvertix Web Solutions service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."

Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM): Use of the Softvertix Web Solutions service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Softvertix Web Solutions account.

E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending Softvertix Web Solutions account.

E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Softvertix Web Solutions service is in violation of this TOS.

Usenet SPAMing: Softvertix Web Solutions has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

Unauthorized access (Hacking): Use of the Softvertix Web Solutions service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Softvertix Web Solutions' or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Softvertix Web Solutions account is subject to immediate termination.
Copyright or trademark infringement: Use of the Softvertix Web Solutions service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

Network disruptions and unfriendly activity: Use of the Softvertix Web Solutions service for any activity which affects the ability of other people or systems to use Softvertix Web Solutions Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. Unauthorized entry and/or use of another company and/or individual's account or service will result in immediate account termination. Softvertix Web Solutions will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.

Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Softvertix Web Solutions services could result in suspension service.

Third Party Accountability: Softvertix Web Solutions subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.

Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

IRC networks: It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers found to be connecting to or part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the irc server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation will result in immediate account termination.

Topsites: It is absolutely prohibited to run a topsite script on Softvertix Web Solutions servers. Spammer sites will try to load the button.php applications in the site simultaneously at a certain time, causing the server to crash, and the network to be down.

12a. We will be the sole arbiter as to what constitutes a violation of this provision.

12b. You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by Softvertix Web Solutions, including restrictions on services available with each service type, restrictions on certain features, and all other policies. You agree to abide by any and all future Softvertix Web Solutions policy decisions. Softvertix Web Solutions reserves the right to terminate any account that does not conform to these requirements.

13. ZERO TOLERANCE SPAM POLICY

Softvertix Web Solutions takes a zero tolerance stance against sending of unsolicited e-mail, commonly known as SPAM. Any user who sends out spam will have their account terminated without notice, and may be charged a one time administration fine of one hundred ($100) dollars if we can show proof that the user sent the e-mail from our servers or network. Softvertix Web Solutions reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. Softvertix Web Solutions also reserves the right to make any such modifications in an emergency at our sole discretion.

14. HOSTING SERVICE PROVIDER'S RIGHTS

You agree that Softvertix Web Solutions has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. Softvertix Web Solutions reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. Softvertix Web Solutions also reserves the right to refuse refunds in cases where Softvertix Web Solutions believes abuse has taken place.

14a. Softvertix Web Solutions reserves the right to monitor any and all communications through or with our facilities. You agree that Softvertix Web Solutions is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.

14b. Softvertix Web Solutions does not set a usage limit on our Private Hosting customers, however if a customer consumes large amounts of system resources, Softvertix Web Solutions reserves the right to send an e-mail notice to the customer and set a limit on the customer's account.

14c. Any accounts that have more than 10,000 INODES (INODES=pages) are deemed to be a potential harm to the servers and should look at acquiring a VPS or Dedicated Server. We can help with this.

Prohibited: Sending more than 1000 Emails per day to your subscriber, or forum members. Using up more than 15% of the CPU usage per day. These are shared servers.

15. UPTIME GUARANTEE

Softvertix Web Solutions offers a 99% Uptime Guarantee. That means your web site is guaranteed operational 99% of the time in any calendar month.

Softvertix Web Solutions guarantee 99 service uptime allows for 45 minutes of (HTTP) service outage per month as defined here. Softvertix Web Solutions will not be held responsible for Service Outages resulting from non Softvertix Web Solutions operated equipment including, but not limited to, Internet NAP failures or congestion and backbone failures. Additionally, Softvertix Web Solutions will not be held responsible for delays in the registration or transfer of a domain due to third party-related issues, for outages resulting from malfunctioning customer scripts or applications that are installed by the customer, or for unusual traffic spikes or "denial of service" attacks on customer web sites. We also have a strict Server Abuse policy to avoid these unwanted cases, and PRO-Actively check customer's website to assure a good hosting experience for EVERYBODY.

16. DOMAIN REGISTRATION

In connection with requesting that Softvertix Web Solutions assist you with registration services, you represent and warrant the following: (a) the registration you have asked Softvertix Web Solutions to make is not made with a "bad faith intent" (as that term is used in the Anticybersquatting Consumer Protection Act, 15 U.S.C. 1125(d)); (b) the Domain Name does not conflict with another domain name; (c) to your knowledge, the registration of the Domain Name will not infringe upon or otherwise violate the rights of any third party; (d) you are not seeking registration for an unlawful purpose; (e) you will not use the Domain Name to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, such as "netiquette"; and (f) you will not knowingly use the Domain Name in violation of any applicable laws or regulations, for any slanderous purposes, or in connection with the distribution or receipt of child pornography. It is your responsibility to determine whether the Domain Name registration infringes or violates someone else's rights. You represent and warrant that all information provided by you in connection with your Online Order form is complete and accurate. Softvertix Web Solutions makes no representation or warranties of any kind regarding the availability, or the propriety of any use of, any Domain Name requested by you. Softvertix Web Solutions does not represent or warrant that its services in connection with registration of the Domain Name will prevent challenges to the Domain Name or shield you in any way for liability for the use of the Domain Name.

16a. Softvertix Web Solutions is bound to use ICANN's dispute policy if any person challenges the registration of the Domain Name you have selected (the "Dispute Policy"), which can be found at http://www.icann.org/dndr/udrp/policy.htm You agree that Softvertix Web Solutions, in its sole discretion, may cancel, transfer, suspend or otherwise make changes to the domain registration if Softvertix Web Solutions (a) is in any way involved in a proceeding in connection with the Dispute Policy, (b) receives any order from any court or arbitral tribunal threatening or requiring such action, or (c) determines that you have breached any of your representations and warranties in Section

1.2. You understand that Softvertix Web Solutions has no obligation to defend you in the event any dispute arises in connection with the Domain Name.

16b. As consideration for Softvertix Web Solutions's domain name registration services, you agree to pay all applicable registration fees and renewal fees. Such registration fees and renewal fees are non-refundable. You agree that Softvertix Web Solutions will attempt to collect payment for a one year renewal of your domain name registration 30 days prior to its expiration date and renew your domain name accordingly, unless you select to 'Disable Auto Renew' through your Client Area > My Domains > View Details, located at http://www.softvertixsolutions.com/whmcs/. If Softvertix Web Solutions is unable to collect payment for your domain name registration, your domain name registration will not be renewed. To renew your domain name manually, login to your Client Area located at http://www.softvertixsolutions.com/whmcs/.  If you do not pay the renewal fees by the time specified in the renewal notice, your registration will expire.  You agree that Softvertix Web Solutions will have no liability whatsoever with respect to any such expiration and that Softvertix Web Solutions may transfer the Domain Name in the event of any delinquency in payment.

17. SCHEDULED MAINTENANCE

Softvertix Web Solutions will conduct routine scheduled maintenance of its Internet Data Centers and Internet Data Center Services. In the event a mission critical maintenance situation arises, Softvertix Web Solutions may be required to perform emergency maintenance at any time. During these scheduled and emergency maintenance periods, Client's Equipment may be unable to transmit and receive data and Client may be unable to access the Client Equipment. Client agrees to cooperate with Softvertix Web Solutions during the scheduled and emergency maintenance periods.

18. REFUND POLICY

Softvertix Web Solutions will refund payments for the service within thirty (30) days of account activation, with the exception of setup fees, domain registration fees and additional options charges. No refunds will be issued after thirty (30) days, whether in full or prorated. All refunds will be issued back to the Smart Money, Globe GCash, or Western union account within thirty (30) days of receipt of cancellation.

18a. Accounts terminated by Softvertix Web Solutions for violation of the Terms of Service do not qualify for the 30-day money back guarantee. Account setup fees and domain registration fees are not refundable.

19. TERMINATION

Softvertix Web Solutions may terminate this agreement and your access to any or all Softvertix Web Solutions related services at any time, with or without cause, effective immediately. Softvertix Web Solutions shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. Anyone determined by Softvertix Web Solutions to have violated these Terms may be barred from receiving any services from Softvertix Web Solutions.

19a. You may terminate this Agreement at any time via Client Area. You may not terminate the account via the telephone or e-mail, nor does simply canceling the PayPal subscription terminate an account. No refund shall be issued. All termination requests must be received by Softvertix Web Solutions by midnight on the end of the current billing period in order to avoid paying for the next term's service. Account cancellations for accounts with a negative balance will be passed on to collections, and all services rendered to the party with the negative balance, including domain registrations, will be terminated.

20. DISCLOSURE TO LAW ENFORCEMENT

The TOS specifically prohibits the use of our service for illegal activities. Therefore, subscriber agrees that Softvertix Web Solutions may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agency that requests such information, provided they posses the proper court-approved warrant, without consent or notification to the subscriber.

21. RELATIONSHIP OF THE PARTIES

Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.

22. DISCLAIMER OF WARRANTIES / LIMITATION OF LIABILITY