Please read these Terms and Conditions carefully before using the wireless broadband Internet service powered by CYBERPOINT .
The CYBERPOINT Internet wireless service (“Service”) is offered to you under the following terms and conditions, along with any amendments thereto that may be published from time to time (hereinafter referred to as “Terms and Conditions”) by CYBERPOINT Limited (hereinafter referred to as ” Cyberpoint Wi-Fi “).
Where service is provided outside the Philippines by CYBERPOINT’s partner, your use of service shall be subject to the related regulation of the local government.
The Service is offered to all subscribers of CYBERPOINT ’s partnered Internet Operators (“Partners”). CYBERPOINT provides its service, as they may exist from time to time, to Customers who establish an account with Partners. By establishing an account or using any service provided by CYBERPOINT , you agree to be bound by this Agreement and to use the Services in compliance with this Agreement and other policies posted on Partners web site. CYBERPOINT may in its sole discretion vary, suspend, disconnect or discontinue the Service (including, without limitation, the available CYBERPOINT Wireless hotspots and Service access) provided to the customer without notice and without compensation.
The Service is charged according to Partners’ pricing plan. You will be billed in accordance with the terms and conditions of Partners.
3.DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY
EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY CYBERPOINT , CYBERPOINT DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. CYBERPOINT HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.
CYBERPOINT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CYBERPOINT MAKES NO EXPRESS WARRANTIES AND CUSTOMER WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH CYBERPOINT OR THE INTERNET GENERALLY. CUSTOMER EXPRESSLY ACKNOWLEDGES THAT THERE ARE AND ASSUMES ALL RESPONSIBILITY RELATED TO THE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN WIRELESS COMMUNICATIONS AND TECHNOLOGY AND CYBERPOINT DOES NOT MAKE ANY ASSURANCES OR WARRANTIES RELATING TO SUCH RISKS. NO ADVICE OR INFORMATION GIVEN BY CYBERPOINT OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. ANY STATEMENTS MADE IN PACKAGING, MANUALS OR OTHER DOCUMENTS IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT AS WARRANTIES BY CYBERPOINT OF ANY KIND. CYBERPOINT AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES, THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
4. ACCEPTABLE USE POLICY
All Customers of the Services and users of this Web site agree to and must comply with this Acceptable Use Policy (AUP). This AUP is intended to improve the use of the Internet by preventing unacceptable uses. We do not actively monitor the use of the Services under normal circumstances. Similarly we do not exercise editorial control or review over the content of any Web site, electronic mail transmission, newsgroup or other material created or accessible over or through the Services. However, we may remove, block, filter or restrict by any other means any materials that, in our sole discretion, may be illegal, may subject CYBERPOINT to liability or may violate this AUP. CYBERPOINT may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violation of this AUP may result in the suspension or termination of either access to the Services and/or CYBERPOINT account or other actions as detailed below.
5. LEGAL NOTICES
All content included on this Web site, including, but not limited to, text, graphics, logos, buttons, icons, /main/images/eng and software, is the property of CYBERPOINT CORP. or its licensors or partners and is protected by laws of the Philippines. Reproduction, duplication, modification, distribution, transmission, replication, display or performance of the content of this Web site without the express written permission of CYBERPOINT is strictly prohibited.
6. PUBLIC DISCLOSURE OF INFORMATION
Before you send any Information, YOU MUST CHECK WHETHER YOU ARE SENDING IT IN THE PUBLIC AREA OF THE WEB SITE. IF YOU ARE SENDING IT IN THE PUBLIC AREA, you acknowledge that you are doing so voluntarily and that any person may use such Information for the purpose of exchanging mails or chatting between or amongst Customers or introducing you to Customers. All such Information you voluntarily make available in the public area is not to be regarded as being collected by us and we have no responsibility whatsoever to handle such Information given by other persons in the public area of the Web Site which may be untrue, misleading, obscene, unlawful or defamatory. You acknowledge that it is beyond our control to verify the truthfulness of all such Information and we also have no responsibility whatsoever to handle any request for correcting or removing such Information.
The Web Site contains links to other sites and pages which are not maintained or controlled by CYBERPOINT and for which CYBERPOINT is not responsible. When you activate any of these links or pages you leave the Web Site and access to such a site or page is at your own risk for which CYBERPOINT disclaims all responsibility and liability.
8. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Web Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the CYBERPOINT shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Web Site.
(1) only use such equipment recommended by CYBERPOINT for use with the Service
(2) comply with all relevant legislation, regulations, and CYBERPOINT ‘s instructions in using the Service; and
(3) fully and punctually settle each and every charges as invoiced by CYBERPOINT Partners .
If CYBERPOINT , in its sole discretion, believes you have violated these Terms and Conditions, CYBERPOINT may terminate your access to the Service forthwith without prior notice and without compensation.
You agree to indemnify and keep CYBERPOINT fully and effectively indemnified against any action, liability, cost, claim, loss, damage, proceeding, expense (including without limitation, legal costs) suffered or incurred by CYBERPOINT arising from or which is directly or indirectly related to any breach or non-observance of these Terms and Conditions by you.
These Terms and Conditions are governed by the laws of The Republic of the Philippines.