Welcome to SURFSTER ISP! To ensure a
safe and non-offensive environment for all of our users, we have established
the Terms and Conditions of Use stipulated herein. It spells out what you
can expect from us and what we expect from you. By using the SURFSTER ISP
Pre-paid Internet Card Service or by accessing any area of the SURFSTER ISP
website, you agree to be legally bound and to abide by the terms and conditions
set forth below. We reserve the right, at our discretion, to change, modify,
add, or remove portions of these terms and conditions at any time. Please
check these terms periodically for changes. Your continued use of SURFSTER
ISP following the posting of changes to these terms will mean you accept
those changes. Please read carefully before using the card and this site.
1. Coverage Area of the Service
The User acknowledges that the SURFSTER ISP Pre-paid
Internet Service (the “Service”)
is only available in the Metro Manila area. Accordingly, SURFSTER ISP shall
not be liable for any long distance charges incurred by the User on account
of accessing the Service in areas outside Metro Manila or through the use of
mobile phones or other toll charging devices.
2. Acceptable Use of the
Service
CUSTOMER shall use the Service only for the purposes
herein stated and shall not use the same to conduct any service such as callback,
unauthorized audiotex, international simple resale (ISR), and other analogous
services which are prohibited in the Philippines, or which operation or service
constitutes a bypass defrauding SURFSTER ISP and/or its interconnect partners
of the rightful access charges and other interconnect revenues.
In case
SURFSTER ISP finds the user engaging in any of the above unauthorized services,
SURFSTER ISP may terminate the Service motu proprio and the user shall protect
from, hold harmless against and fully compensate SURFSTER ISP for any and all
cases and/or claims that may arise due to such unauthorized use of the Service.
SURFSTER ISP shall likewise pass on, and user agrees to accept and immediately
pay, all other claims and damages demanded by SURFSTER ISP’s
interconnect partners who may have been affected, directly or indirectly, by
the unauthorized use of the Service.
3. Extent of Use
The CUSTOMER shall be entitled to avail of the Service to the extent of the
number of hours indicated on the SURFSTER ISP Pre-paid Internet Card. The
safe-keeping and confidentiality of the Username and Password accompanying
each card shall be for the account of the CUSTOMER. SURFSTER ISP shall not
be liable or made answerable for the unauthorized usage of the CUSTOMER’s
account due to loss or unauthorized disclosure by the CUSTOMER of his username
and password.
4. Privacy
SURFSTER ISP respects your privacy. Any and all information collected at this
site will be kept strictly confidential and will not be sold, reused, rented,
loaned, or otherwise disclosed. When we present information to our advertisers,
it is in the form of statistics compiled among all of our visitors' answers
to survey questions as well as grouped on-site behavior.
A user who has registered in SURFSTER ISP is responsible for his/her registration
name and/or password, for ensuring that use of the same complies with the terms
herein and for protecting their confidentiality.
SURFSTER ISP reserves the right to access your e-mail account for any legal
purposes as required or governed by national and/or international law.
SURFSTER ISP uses cookies for server statistics. Cookies are small text files
that allow SURFSTER ISP to both store and retrieve login information on a user's
system. They have no ability to search thru your computer and transmit information
about you.
5. Site Access Restrictions
SURFSTER ISP grants you a limited license to access and make personal use of
this site and not to download (except for Freebies) or modify it, or any portion
of it, except with express written consent of SURFSTER ISP. This license does
not include any resale or commercial use of this site or its contents; any
collection and use of any product listings, descriptions, or prices; any derivative
use of this site or its contents; any downloading or copying of account information
for the benefit of another merchant; or any use of data mining, robots, or
similar data gathering and extraction tools. This site or any portion of this
site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise
exploited for any commercial purpose without express written consent of SURFSTER
ISP. You may not frame or utilize framing techniques to enclose any trademark,
logo, or other proprietary information (including images, text, page layout,
or form) of SURFSTER ISP and our affiliates without express written consent.
You may not use any meta tags or any other "hidden text" utilizing
SURFSTER ISP 's name or trademarks without the express written consent of SURFSTER
ISP. Any unauthorized use terminates the permission or license granted by SURFSTER
ISP. You are granted a limited, revocable, and nonexclusive right to create
a hyperlink to the home page of SURFSTER ISP so long as the link does not portray
SURFSTER ISP, its affiliates, or their products or services in a false, misleading,
derogatory, or otherwise offensive matter. You may not use any SURFSTER ISP
logo or other proprietary graphic or trademark as part of the link without
express written permission.
6. Interactive Functions and Search Facility
Interactive functions of SURFSTER ISP include the following sections: Chat,
E-mail, Discussion Board, and other similar features. These free services are
offered as a special privilege for the members of SURFSTER ISP.
When participating in an interactive function, never assume that people are
who they say they are, know what they say they know, or are affiliated with
whom they say they are affiliated with in any chat room, discussion board,
or other user generated content area. Information obtained in an interactive
function may not be reliable, and it is not a good idea to trade or make any
investment decisions based solely or largely on information you cannot confirm.
We cannot be responsible for the content or accuracy of any information, and
shall not be responsible for any trading or investment decisions made based
on such information.
We reserve the right to remove or edit content from any of the aforementioned
interactive functions at any time and for any reason.
By uploading materials to any of the aforementioned functions or submitting
any materials to us, you automatically grant (or warrant that the owner of
such materials expressly granted) us a perpetual, royalty-free, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt, publish,
translate, publicly perform and display, create derivative works from and distribute
such materials or incorporate such materials into any form, medium, or technology
now known or later developed throughout the universe. In addition, you warrant
that all so-called "moral rights" in those materials have been waived.
SURFSTER ISP encourages you to exercise discretion while using its search engine
to browse the Internet. The SURFSTER ISP Search engine may generate automated
search results or otherwise link you to sites containing information that some
people may find inappropriate or offensive. Since we have no control over such
sites and information, we make no guarantee as to such sites and information,
including the accuracy, currency, content or quality of any such sites and
information and we assume no responsibility as to whether the search locates
unintended or objectionable content.
7. Disclaimer of Warranties and Limitation of Liability
This site is provided by SURFSTER ISP on an "as is" and "as available" basis.
SURFSTER ISP makes no representations or warranties of any kind, express or
implied, as to the operation of this site or the information, content, materials,
or products included on this site. You expressly agree that your use of this
site is at your sole risk.
To the full extent permissible by applicable law, SURFSTER ISP disclaims all
warranties, express or implied, including, but not limited to, implied warranties
of merchantability and fitness for a particular purpose. SURFSTER ISP does not
warrant that this site, its servers, or e-mail sent from SURFSTER ISP are free
of viruses or other harmful components. SURFSTER ISP will not be liable for
any damage of any kind arising from the use of this site, including, but not
limited to direct, indirect, incidental, punitive, and consequential damages.
8. Indemnification
You are entirely responsible for maintaining the confidentiality of your password
and account and for all activities that occur under your account. You hereby
indemnify, defend and hold us and our affiliates and our officers, directors,
owners, agents, information providers, affiliates, licensors and licensees
(collectively, the "Indemnified Parties") harmless from and against
any and all liabilities and costs (including reasonable attorneys fees) incurred
by the Indemnified Parties in connection with any claim arising out of any
breach by you of this Agreement or claims arising from your account. You shall
use your best efforts to cooperate with us in the defense of any claim. We
reserve the right, at our own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you.
9. Severability
The provisions of these Terms of Use are intended to be severable. If for any
reason any provision of these Terms of Use shall be held invalid or unenforceable
in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction,
be ineffective to the extent of such invalidity or unenforceability without
in any manner affecting the validity or enforceability thereof in any other
jurisdiction or the remaining provisions hereof in any jurisdiction.
10. Complete Agreement
The Terms and Conditions of Use, including any document referenced herein,
represents the entire understanding between you and SURFSTER ISP regarding your
relationship with SURFSTER ISP and supersedes any prior statements or representations.