Acceptable Usage Policy
In order to provide a professional service, we, Outsource Accelerator Ventures OPC (“OA”) have set up a few guidelines for users of our service. Our guidelines ensure a safe, functional, and trusted environment for all our customers to publish their information on the Web.
Many of our competitors do not require their customers to comply with these guidelines. If any of our potential customers are unwilling or unable to comply with these guidelines, we will not be able to provide them our services.
Use of our Service
Whether directly or indirectly using our services, constitutes your acceptance of these terms and agreement to abide by them. We reserve the right to amend or adjust these terms at any time, though we will do our best to notify you in advance. Your continued use of our services constitutes your acceptance of any changes we make.
You agree that you will only use our services in a manner consistent with this Acceptable Usage Policy (“AUP”) and that your failure to do so may be grounds for us to suspend or discontinue the service.
You are solely and fully responsible for the contents of your account. Any and all repercussions will be borne solely by you.
Prohibited Uses
You may not publish/host any material that is grossly offensive, including, exploitation of children, blatant expressions of bigotry, hatred, harassment, defamation, or invasion of privacy.
This prohibition includes, but is not limited to, the use or transmission of any data that is protected by copyright, trademark, trade secret, patent or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws.
Email Usage Policies
OA does not support unsolicited email messages sent by users of our system (also known as junk email or spam). Users sending unsolicited email messages from our system will have all of their services temporarily suspended. They will then be contacted by OA and informed of the suspension before having their services reinstated. A repeated offense may cause cancellation of service without refund of any fees (as may be applicable).
Fraudulent Activities
OA prohibits utilizing dedicated services or network services for fraudulent activities. Participation in fraudulent activities is in direct violation of state and federal law and OA’s AUP.
Miscellaneous Prohibited Activities
OA prohibits customers and users from using OA’s Network for any prohibited activities, including, but not limited to, the following activities:
- Intentionally transmitting files containing a computer virus or corrupted data.
- If OA has specified bandwidth limitations for your user account, use of the services shall not be in excess of those limitations.
- Attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization, or other methods to document use of the services.
- Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
- 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 deliver unsolicited commercial e-mail.
- Any activity that disrupts, degrades, harms or threatens to harm OA’s Network or its services.
- Any other inappropriate activity or abuse of the services (as determined by OA in its sole discretion), whether or not specifically listed in this AUP, may result in suspension or termination of the user’s access to or use of the services.
Vulnerability Monitoring and Testing
You may not attempt to probe, scan, penetrate or test the vulnerability of OA’s system, subsystem or network or to attempt to breach security or authentication measures, whether by passive or intrusive techniques, without OA’s express written consent.
Message Source
You may not obscure the source of your email in any manner, including by intentionally omitting, forging, or misrepresenting messages headers or return addresses.
Illegal Activities
Customers or users caught using our system for illegal activities, including but not limited to breaking into remote systems, credit card fraud, theft, vandalism, threats, or violence, will have their accounts immediately cancelled without refund of any fees.
Further Terms of Service
In no event will OA be liable for any losses or damages arising out of the use of or inability to use its services or any content thereon. We take no liability in case of data loss. Users should always keep their own backups of important data.
A billing dispute of any kind does not exempt you from paying current and future bills. Billing disputes resolved in the customer’s favor will receive account credit for overpayment.
If any chargebacks occur on your account, we reserve the right to suspend your service without notice and will terminate your service and recycle your server(s) if contact and payment has not been made within 3 days.
Right to Refuse Service
OA reserves the right to refuse service to anyone for any reason. We enforce this policy to ensure a professional environment for the users of our system.
OA is the sole determinant of what constitutes degraded server performance.
Complaints
OA reserves the right to suspend access. If OA receives complaints directly from Internet users, through Internet organizations and through other parties, OA shall not be required to determine the validity of complaints received, or of information obtained from anti-spamming organizations, before taking action under this AUP. A complaint from the recipient of commercial e-mail, whether received directly, or through an anti-spamming organization, shall be evidence that the message was unsolicited. OA has no obligation to forward the complaint to the customer or user, or to identify the complaining parties.
Suspension or Termination of Services
If customers or users engage in conduct or a pattern of conduct, including without limitation repeated violations by a user whereby correction of individual violations does not, in OA’s sole discretion, correct a pattern of the same or similar violations, while using the services that violates the AUP, or is otherwise illegal or improper, OA reserves the right to suspend and/or terminate the services or the user’s access to the services. OA will generally attempt to notify the customer or user of any activity in violation of the AUP and request that the user cease such activity; however, in cases where the operation of OA’s Network is threatened or cases involving unsolicited commercial e-mail/spam, a pattern of violations, mail relaying, alteration of the customer’s or user’s source IP address information, denial of service attacks, illegal activities, suspected fraud in connection with the use of services, harassment or copyright infringement, the Company reserves the right to suspend or terminate the Services or the user’s access to the services without notification.
In the event that OA becomes aware that any such material may violate the terms of this AUP and/or expose Company to civil or criminal liability, OA reserves the right to block access to such material and suspend or terminate the access of any user creating, storing, copying, or communicating such material, including any user whom OA becomes aware the customer or user has engaged in any of the foregoing activity multiple times.
OA does not make any promise, nor does OA have any obligation, to monitor or police activity occurring using the services and will have no liability to any party, including a customer and user, for any violation of the AUP.
Investigation and Enforcement
OA has the right, but is not obligated, to strictly enforce this AUP through self-help, active investigation, litigation and prosecution. OA shall not be obligated to monitor or exercise any editorial control over any material stored, copied, or communicated using the services or OA’s Network, but reserves the right to do so. In addition, OA may take any other appropriate action against the customer or a user for violations of the AUP, including repeated violations wherein correction of individual violations does not, in OA’s sole discretion, correct a pattern of the same or similar violations.
Company further reserves the right to conduct investigations into fraud, violations of the terms of this AUP or other laws or regulations, and to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the user that Company deems responsible for the wrongdoing.
Miscellaneous Provisions
Governing Law
This AUP is governed by and construed under the laws of the Republic of the Philippines without regard to its conflict of laws principles. The courts within the Philippines have exclusive jurisdiction over and venue of any suit that relates to this AUP. You are responsible for ensuring that your conduct is at all times in compliance with all applicable laws, rules, and regulations.
No Waiver and Severability of Policy
Failure by OA to insist upon or enforce strict performance of any provision of this AUP will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision of this AUP. OA may assign its rights and duties under these terms to any party at any time without notice to you. If any provision of this AUP is found to be unenforceable or invalid, this AUP’s unaffected provisions will remain in effect.
Complaints and Contact Information
Any complaints regarding prohibited use or other abuse of the OA’s Network, including violation of the AUP, should be sent to OA at [email protected]
