PLEASE READ THIS TERMS OF SERVICE CAREFULLY BEFORE REGISTERING FOR GOMANILAHOST.NET WEB SERVICES. IF YOU DO NOT AGREE WITH OUR POLICIES, YOU MAY NOT ACCESS OR USE GOMANILAHOST.NET WEB SERVICES OR YOU MUST DISCONTINUE THE USE OF OUR SERVICES. SUBMISSION TO ANY ONLINE FORM VIA GOMANILAHOST WEB SERVICES WEBSITE AND YOUR USE OF GOMANILAHOST.NET WEB SERVICES INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ FULLY AND ACCEPTED THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND AS SET FORTH HEREIN. ALL CLIENTS OF GOMANILAHOST WEB SERVICES ARE SUBJECT TO THE FOLLOWING TERMS OF SERVICE.

GoManilaHost.Net is also referred to as "we" and anyone who uses GoManilaHost.Net's services is also referred as "you". We reserve full rights to change these terms at any time with or without notice and it is your responsibility to keep track of the changes. However, we will notify you via email if we do make any major changes most of the times. You can review our Privacy Policy at https://gomanilahost.net/privacy-policy, Acceptable Usage Policy and Transparency Policy at https://gomanilahost.net/aup-transparency-policy, Anti-Spam Policy at https://gomanilahost.net/anti-spam-policy. By accepting the terms of services mentioned below, you also accept our Privacy Policy, Acceptable Usage Policy and Transparency Policy, Anti-Spam Policy.

Account Setup

We setup your account after we have received your payment and we/our payment partner(s) have screened the order(s) in case of fraud. In most cases we do provide instant provisioning of service(s) but that is provided as a courtesy and we deserve rights to manually process orders if necessary. It is your responsibility to provide us with accurate and valid account information that includes your name, address and phone number. It is also your responsibility to keep them updated if something changes. We deserve rights to terminate or suspend your services if we find invalid or incorrect account information. In high risk transactions, we might require you to send us scans of Credit Cards or other necessary information before we can setup the service(s). Domain Registrations are usually instant, but it might take some time for it to get processed in some cases.

Email On File

You are responsible for providing us with a valid and reachable email address on file so that we can contact you when necessary. We may contact you if we get report of abuse, to notify you about server maintainence and downtimes or for anything else if necessary. It is your responsibility to keep track of your spam filters and we will not be liable for anything if you are unable to receive the emails we send because of any reasons that includes your spam filter. We reserve rights to terminate or suspend your services if we do not hear back from you in a certain period of time in extreme cases.

Account Ownership

The owner of the payment method that we store on file that was used to pay for the service will be the owner of the account

Transfers

We will try our best to get your transfers (domain or website) done as fast as possible. However, transfers are provided as a courtesy service and we cannot make any guarantees regarding the availability, possibility, or time required to complete a transfer. Each domain registrar and/or hosting company is configured differently so we may not be able to transfer services at all in some cases. It is your responsibility to make sure that you provide us with all the information needed for us to complete the transfer.

Third Party Services

All the transactions with third party are solely between you and the third party and we are liable for anything that happens on the third party’s side. We will try our best to resolve issues as much as we can, but we cannot provide any guarantee or warranty with anything related to third party.

Content

You agree to follow our acceptable usage policy located at https://www.gomanilahost.net/aup-transparency-policy, We reserve rights to terminate or suspend services or take legal actions if we find you not following it.

Backups and Data Loss

You use our services at your sole risk. We do not provide any warranty of your data, however as a courtesy service, we provide daily or weekly backups through an off-site backup on our Web Hosting service only and not to VPS Hosting service or related services. You may use our backup service as the only backup method, but you are responsible for making backups of your data. We are not liable for any data loss caused by your or our fault.

Billings and Payments

We accept Paypal, UnionBank of the Philippines, Landbank of the Philippines, Cebuana Lhuillier, M.Lhuillier, Palawan Pawnshop, LBC, GCash, and PayMaya as payment methods. Full payment is required before any hosting service is rendered. Renewal invoice is sent seven days before due and services are renewed automatically when you paid the invoice. We reserve rights to charge extra fees 10% of the amount of non-payment invoice after the due date. We also reserve rights to suspend your services if you did not pay within 1 day after the due date, terminate your services if you did not pay within 3 days after suspended, or take legal action if you fail to pay the invoice(s) after the due date. You agree to provide us with payment for the services that you receive from us. You agree to pay for all the services that you use until you give us a cancellation notice. It is your responsibility to keep your payment information up to date and pay your invoices in time. We will try our best to work with you on any problems that might arise because of the payment processors, but we do reserve rights to take actions in those cases as well.

NOTE: When your service is terminated, all files and data will be deleted.

Disputes / Chargebacks

You may not perform disputes or chargeback on any payments you have sent to GoManilaHost.Net Web Services. Otherwise, your service will be immediately suspended or terminated without notice and your refund will be void. If you have any problems regarding payments, please contact us and we’ll be glad to help you.

Refunds and Cancellations

REFUND POLICY:
We do not provide any refunds on Domain Registrations, SSL Certificates, IP Addresses, VPS Hosting, Dedicated Server, Dedicated IP, Website Builder, VPN, ID Protection (WHOIS), Payment Gateway Charges, Setup Fees, or any other Add-ons/Services; Except for the Web Hosting and WordPress Hosting services are We do provide 30 days money-back guarantee without any questions and where we will refund the partial refund for the remainder of your payment term if you wish to cancel your services. If your hosting plan came with any of the above-mentioned addons while purchasing, the price of those services would be deducted while providing the refund, and in some circumstances can be refunded as an account credit. The price of free domain registration, ID Protection (WHOIS) included in Business and Enterprise Web Hosting plan would be deducted while providing a refund.
We reserve rights to cancel, suspend or terminate your services anytime, with or without prior notice.

NOTE: Refund requests after the allotted time stated above will not be refunded.

A.) Quarterly, Semi-Annually, and Annually payment plans
Quarterly, Semi-Annually and Annually Payment plans are only refundable on or before the 45th day of service. Quarterly, Semi-Annually and Annually Payment plans are NOT refundable after the 45th day of service. When paying through PayPal, refunds will only contain the amount received to us after PayPal fees are deducted from the payment.

B.) Account Credit Balance/GoManilaHost LLC Credit
GoManilaHost LLC Credit also known as Account Credit Balance is not, and will not be refunded under any circumstances. Please take full responsibility when adding credit to your account. Please also realize that the amount added to your account will be the amount GoManilaHost LLC receives after PayPal fees have been deducted.

C.) Violations of the Terms of Service will waive/void the refund policy.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

For the following service items being canceled is within the refund grace period, the full cost will be refunded to your account credit balance.
The refund grace periods are as follows:
SpamExperts Email Security (4 Days)
SiteLock Website Security (4 Days)
CodeGuard Website Backup (29 Days)
MarketGoo SEO (4 Days)
OX App Suite Email Hosting (29 Days)
XOVI Now (29 Days)
360 Site Monitoring (13 Days)
Once the refund period has elapsed, a service can still be cancelled but no credit can be given.

CANCELLATION POLICY:
Cancellations must be made via the cancellation form provided in the client area. To get to this area, please follow these directions:
Client Area > My Hosting Packages > View Details > Request Cancellation. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account has been canceled. At this time, your account with us has been canceled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately.

Dedicated Server can cancel an unpaid invoice up to 5 days after the due date. Note that any servers with an overdue invoice will be suspended until the invoice has been paid.

Uptime Guarantee - SLA

GoManilaHost.Net offers a 99.9% Uptime Guarantee. That means your web server is guaranteed operational 99.9% of the time in any calendar month. GoManilaHost.Net guarantee 99.9% service uptime allows for 45 minutes of unscheduled (HTTP) service outage per month as defined here. For each additional 45 minutes of downtime you will receive 10% credit or refund. Regardless of the number of outages, all refunds are limited to one month’s hosting service fees and do not include excess usage fees or other nonstandard recurring charges. The amount of the credits are determined by the following table, based on the amount of server uptime for the month in which credits are requested.

SERVER UPTIME FOR THE MONTH PERCENTAGE OF MONTHLY CREDIT
99.9 – 100% 0% credit
99.7 – 99.8% 10% credit = 3 days
99.5 – 99.6% 25% credit = 8 days
99.3 – 99.4% 50% credit = 15 days
99.0 – 99.2% 75% credit = 23 days
98.9% and below 100% credit = 1 month

GoManilaHost.Net will not be held responsible for Service Outages resulting from non-GoManilaHost.Net operated equipment including, but not limited to, Internet NAP failures, upstream network outages or congestion and backbone failures. Additionally, GoManilaHost.Net will not be held responsible for delays in the registration or transfer of a domain due to InterNIC-related issues, unscheduled outages, web site specific outrages and 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.

Hybrid services, colocation services or renting out rack space, cloud servers, services under bare metal environment such as dedicated servers and virtual private services does not qualify for any credit under this server uptime guarantee.

Refunds will be issued upon request by the customer and upon determination that a service outage, as defined by this guarantee, has occurred. To be eligible for a refund, the refund request must be made to the Billing Department at the end of the month for the current month (last day of the current month) or within the 1st week of the month for the previous month.

We reserve rights to approve or not approve credits. We are not liable for any losses or problems caused due to downtimes or usage of our services. Third party monitoring services may not be used to justify the downtime because of numerous factors.

Support

We reserve full rights to not provide support if necessary. We do not guarantee that our support staff will be able to fix the issue or help you accomplish some task, but we will try our best. We reserve rights to cancel this service anytime. It is your responsibility to provide us with all the necessary information that our support staff might need in order to resolve your issue or help you with anything. We reserve rights to not provide any support if you are not able to provide us with necessary information that we will need.

Price Change

We reserve full rights to change prices for any of our services or products. It is your responsibility to keep track of changes, however we will try our best to keep you updated on our changes.

Coupons and Special Promotions

If you have used coupons or special promotions to use any of our services, we reserve full rights to take action if any coupon abuse is found.

Account Credit

You may add extra account credit on your account so that you can pay your invoices without using any external payment processors. Account credit is non-refundable but you can use it to purchase new services from us.

Addons

Your service may come with complimentary addons without any extra costs. Free addons are provided as courtesy service and we reserve rights to cancel/discontinue them anytime. All free ad credits from third parties come with their own restrictions and terms, and it is your responsibility to follow those restrictions and terms.

Disclosure to Law Enforcement

GoManilaHost.Net Web Services may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

Employee Abuse

We will not tolerate any employee abuse, whether that is verbally over the phone, or by any other means like email, support tickets, live support or any other method. We will take strict actions against employee abuse, and we might even terminate, suspend, restrict access or take legal action against anyone involved in employee abuse.

General Server Resource Limits

User agrees to not use excessive amounts of resources. Any violations may result in us taking corrective action in order maintain server stability by killing any processes, disabling and/or suspending your account. The user may not use 50% or more of available system resources (CPU or memory) for longer than 30 seconds or more than 2% CPU daily, 3% memory daily. The user may not run more than 10 simultaneous processes per user or allow any process to run for longer than 30 CPU seconds or run any process that consumes more than 32 MB of memory. Databases are limited to 16 max user connections. Cron jobs must not execute more than once every 30 minutes unless if specified by the script provider and will be nice to 15 or greater. Each cPanel account may not send more than 300 emails per hour. If it is determined that a customers account is overusing the system resources, we may temporarily suspend the account to prevent the server from experiencing any issues, resulting in problems with other valued customers. If it is determined that the account is not suitable for the shared or reseller server environment, a notice will be sent to the customer providing them alternative solutions or a Premium Hosting account. Gomanilahost.net will be the sole arbiter as to what constitutes a violation of this provision and gomanilahost.net reserves the right to make adjustments to these limits at our sole discretion.

CloudLinux Regular Server Resource Limits Regular limit means a limit that users are allowed to burst at any given time and for any time period that they prefer*, individual resource limit allocations are for each cPanel account, listed for each plan is given below.

CL Limits for Cloud Web Hosting
– CPU SPEED = 100%
– Dedicated RAM (PMEM) = 1GB
– Read & write operations limit (IO) = 1024Kbps
– File Download Speed Limit = 1Gbps
– Max Number of Processes (NPROC) = 100
– Entry Process Limit (EP) = 20

*In addition to the above burst CPU limits users are required to use no more than 2% CPU per month (Example: If a user uses 100% CPU continuously for 1 hour his monthly CPU usage would be 00.138% so it’s unlikely an average user would ever reach the monthly 2% limit ). There are no monthly limits for other resource types listed here.

All unmetered dedicated servers and virtual private servers are installed on a hundred Mbps shared bandwidth ports, unless service is sold as a specified port size or specified/requested as a capped port. GoManilaHost.Net reserves the right to monitor network usage, and if a service significantly exceeds average usage, to throttle the available speed to conserve network resources. This will generally not include short spikes in usage, but will include, but not be limited to, sustained transfers of significantly larger than average amounts of bandwidth. If at any time any client’s data transfer rate affects other gomanilahost.net clientele, gomanilahost.net reserves the right to throttle the service causing such a problem.

GoManilaHost.Net performs backups of client databases daily and weekly and all other files every other day and weekly on all of our Web Hosting plans to ensure critical files are never lost. Our backups are created for accounts that are under 50GB and 200,000 Inodes. For any Web hosting plans, these limits apply to each cPanel user individually. Furthermore, GoManilaHost.Net does not guarantee this feature to any of the clients, and therefore strongly advise the client to regularly perform a backup of their own data, hosted with us. In the unfortunate event that the client has lost their data hosted with GoManilaHost.Net, will use reasonable endeavors to restore the client’s data; however GoManilaHost.Net will not be responsible for lost data, time, income or any other resource due to faulty backups or non-existent back-ups or any data loss due to faulty hardware. We highly encourage our customers to have their own separate backups if your website or data is critical to your business or livelihood as no backup method is failsafe therefore we make no warranties.

The use of more than 190,000 inodes on any cPanel account (single user) may result in automatic warning on cPanel > Stats > inodes. There will be no service interruption at this stage but if no action is taken to reduce the inodes, service interruption may take place once a user reach 200,000 Inodes. Accounts found to be exceeding the 200,000 inode limit will automatically show resource exceeded message and may be suspended if no action is taken to reduce the inode count. Virtual private servers have a server wide limit of 5 million and there are no per cPanel user limits. Shared hosting have a wide limit of 1 million inodes in addition to the per user limit, however this shared hosting limit is not something we actively enforce and it will only become an issue if a shared hosting is causing problems for other shared hosting on the server. If a shared hosting inode usage is in between 5 to 10 million inodes we may request the shared hosting to upgrade to a dedicated server or provide adequate time to resolve the inode usage, if no action is taken by the shared hosting, account may be suspended. Budget Web hosting have a per user limit of 50,000 inodes and a 200,000 shared hosting wide limit of inodes. If this limit is exceeded, we may request the budget shared hosting to upgrade to a normal shared hosting plan or provide adequate time to resolve the inode usage, if no action is taken by the budget shared hosting, account may be suspended.

Every file (a webpage, image file, email, etc) on your account uses up 1 inode. Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files or shared hosting with millions of files that cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here.

File hosting and file storage of any type is strictly prohibited on any and all shared and hosting servers. You MAY NOT use your hosting with GoManilaHost.Net as a download or file storage repository. Our services are strictly offered for website hosting only. This does NOT mean that you can not have downloads on your site. This means you can not operate a site that specializes in downloads like Download.com or similar and you may not use your account as a storage repository for MP3, games, video, photos, images, audio or music files or as a backup storage facility.

Dedicated Server Bandwidth Usage

Once the client’s dedicated server has 20% of its bandwidth allocation left, we will email them. Once the dedicated server reaches 100% usage of its allocated bandwidth, we will suspend the network port and contact the client again to work out a bandwidth upgrade.

Changes to these Terms Of Service

GoManilaHost.Net Web Services reserves the right to revise its policies at any time without notice.

If you have any questions about this Terms of Service, please Contact Us.

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