Manila Online

I. General Policy On Acceptable Uses Of Manila Online Services

Manila Online supports the free interchange of information, ideas and data over the Internet. It does not exercise any form of control or monitoring over the contents of any electronic mail transmission, web site, mailing list, listserve, news groups or other material or information storage or retrieval system made or accessed through the services of Manila Online. However, Manila Online reserves the right to remove or prohibit the transmission of any material that, in the judgment of Manila Online, is illegal, or potentially illegal, or may subject Manila Online to liability, or violates the subscription agreement, or violates this acceptable use policy.

Violation of this acceptable use policy may result in the cancellation or suspension of Manila Online services as the circumstances may warrant. Unless otherwise stated in this policy, all actions that may be taken by Manila Online in connection with any violation of this policy shall be at the sole discretion of Manila Online. This policy is to be interpreted and applied in conjunction with the subscription agreement.

II. Uses That Violate This Policy

The following uses of Manila Online services shall be deemed a violation of the General Policy on Acceptable uses of Manila Online services:

1. High volume or commercial use of a personal account.

   Should you wish to avail of the high volume or commercial use services of Manila Online, please contact our Sales staff at +63 (2) 687-5156. For purposes of this provision, high volume or commercial use activities include, but are not limited to, the following:

   1. Having the contents of any mailbox exceed 10MB. Any mailbox exceeding 10MB may be transferred as the need arises to a compressed temporary file or storage upon notification thereof by Manila Online of the member concerned. The temporary file may be deleted by Manila Online from the server Sixty (60) days after such notification in the absence of any action by the member to reduce the contents of such file;
   2. Having the contents of any free web site exceed the stated content allowance of the chosen subscription plan. The contents of the free web site may not exceed the stated allowable limit for the Subscriber's current plan. Any free web site exceeding the stated content allocations above, shall be suspended until the subscriber reduces the contents thereof to fit within such stated content allocation;
   3. Having in excess of 250MB worth of data traffic per month for any free web site. The subscriber shall be liable for any traffic in excess of 250MB for any free web site. The rates for excess traffic for free web sites may be obtained from the Sales staff at +63 (2) 687-5156.

2. Using Manila Online services for any illegal purpose or activity.

   Manila Online reserves the right to cooperate with lawful authorities and/or third parties injured by such illegal use of Manila Online services in any investigation or prosecution of any crime or tort or civil injury arising from such illegal use. Activities which are deemed illegal under this provision include, but are not limited to:

   1. Activities in violation of Philippine Intellectual Property laws;
   2. Exportation of software or technical information through the Internet in violation of Philippine Laws governing national security and trade secrets;
   3. Posting or emailing of scams such as fraudulent "Get-rich-quick" money-laundering or "pyramid" financial schemes;
   4. Threatening physical injury, death, or damage to property to individuals or groups in violation of Philippine Criminal Laws;
   5. Libeling or defaming other persons in violation of Philippine Criminal Laws;
   6. Using Manila Online services to offer goods or services with the intent to defraud, or having actually committed fraud against other persons using Manila Online services; and
   7. Accessing or attempting to access the accounts of others, or penetrating or attempting to penetrate ('hacking') the data security systems of Manila Online or other entities, regardless whether such hacking results in data loss, corruption or loss of service.

3. Using Manila Online services to "mail-bomb" or "news-bomb" others without the express consent or invitation of the recipients.

   For the purposes of this provision, "mail-bomb" refers to sending more than three (3) identical or similar unsolicited emails to the same recipient; "news-bomb" means sending more than 10MB of unsolicited data to a specific newsgroup; "unsolicited" mailing or sending of data refers to posting data in violation of the rules of a usenet or newsgroup or listserve and/or mailing or sending of data done without the express consent or invitation of the recipient. Public accessibility of a person's email address does not constitute "express consent or invitation" of such person to be a recipient of unsolicited messages for the purposes of this provision. Activities deemed prohibited under this provision include, but are not limited to:

   1. Sending unsolicited email message(s) of identical, similar or substantially similar content to a single recipient or a group of recipients at any one time and the recipient or recipients object either to the contents of the messages or to the receipt of such messages from the sender. Any action taken by Manila Online under this sub-provision shall be made upon the complaint of the concerned recipient or recipients; and
   2. Using or implicating Manila Online services or data addresses in connection with the sending or receipt of unsolicited mass mailings from another Internet Service Provider.

4. Using a false, fraudulent, or forged message header, in whole or in part, in an

5. Originating or transmitting viruses using Manila Online services;

6. Using the subscriber account electronic data traffic from or through Manila Online services. Any action to be taken by Manila Online under this provision shall be made upon the complaint of the concerned recipient. t to operate any type or model of server without prior consent from Manila Online;

7. Using any software or equipment to stay logged-on even while not actively using Manila Online with the intent or in such a manner as to monopolize the use of such services or to deprive other subscribers of easy access to Manila Online.

8. Originating or transmitting advertisements for goods or services to ten (10) or more unrelated newsgroups, usenets, or listserve, or other similar fora. Any action to be taken by Manila Online under this provision shall be made upon the complaint of the affected fora.

9. Originating or transmitting data or information to any newsgroup, listserve, mailing list, other similar fora which is not relevant to the publicly expressed or stated concerns or interests of such fora. Any action taken by Manila Online under this provision shall be made upon the complaint of the affected fora.

10. Originating or transmitting frivolous, irrelevant, obscene, vulgar, or repetitious information or data to any newsgroup, listserve, mailing list, or similar fora. Any action to be taken by Manila Online under this provision shall be made upon the complaint of the affected fora.

11. Originating or transmitting binary or excessively large unrelated text files to non-binary fora that has expressly stated that such data or information may not be posted in their Frequently Asked Questions (FAQ) board. Any action to be taken by Manila Online under this provision shall be made upon the complaint of the affected fora.

12. Installing or using automated or manual routines to generate net data traffic, disrupt net fora, or disrupt or curtail email use by others. Any action to be taken by Manila Online under this provision shall be made upon the complaint of the affected fora or person.

13. Using Manila Online services as a conduit for data traffic in connection with the use of the services of another Internet Service Provider for any of the other uses deemed prohibited under this policy.

III. No Liability Clause

Manila Online does not practice any censorship of data or information originating from or transmitted through its facilities and services before or after transmission thereof. Therefore, Manila Online may not be held liable for any injury or damage accruing to its subscribers or third parties in the enforcement, delayed enforcement or non-enforcement of any provision of this policy.