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  1. TERMS AND CONDITIONS
  2.  
  3. These Terms and Conditions of the Subscription Agreement govern the relationship between Globe Telecom, Inc./Innove Communications, Inc. (hereinafter referred to as “We”) and an eligible Subscriber (hereinafter referred to as “You”) for the provisioning of Globe Postpaid for mobile, Tattoo for Broadband and/or Globe Landline for postpaid landline services (hereinafter referred to as “Service”).
  4.  
  5. Our agreement is made up of: (a) your application, (b) these Terms and Conditions, (c) the service description (if any), (d) subscription plans, and (e) the appendices such as but not limited to Fair Use Policy and Privacy Policy (the “Subscription Agreement” or “Agreement”). Our Agreement defines our respective rights and obligations.
  6.  
  7. We reserve the right to modify our Agreement as the Service may require. Said modifications shall be posted in www.globe.com.ph, and once published, the same becomes binding to you. It shall be your obligation to be informed thereof by accessing such website from time to time. Your continued use of the Service shall be deemed an acceptance of any modifications of our Agreement.
  8.  
  9. You may obtain a copy of the latest version of these Terms and Conditions, service description, subscription plans and appendices from www.globe.com.ph.
  10.  
  11. ARTICLE 1: SERVICE
  12.  
  13. 1.1 We shall activate the Service upon approval of your application form and receipt of our Agreement signed by you.
  14.  
  15. 1.2 You affirm that the information and documents provided by you are true and correct and hereby authorize us to verify such information from whatever sources. We may request for additional requirements to facilitate the processing of your application.
  16.  
  17. 1.3 We rely on the information you provided and you agree that any incorrect information provided by you may result in the delay of approving your application, delay in the installation and provisioning of the Service, or suspension and termination of the Service.
  18.  
  19. ARTICLE 2: FEES AND CHARGES
  20.  
  21. Upon activation of the Service, you will be charged for your usage of the Service as stated in your application and based on the rates approved by the National Telecommunications Commission (NTC). We reserve the right to charge you with any rate adjustment on the effective date of NTC approval.
  22.  
  23. 2.1 Monthly Service Fees
  24.  
  25. You must pay the fees and charges for the Service stated in your subscription plan or promotional plan, and any additional fees and charges noted in this Agreement or as may be notified by us in accordance with this Agreement from time to time. Further, you agree to pay all fees and charges which are incurred for the Service even if you did not authorize its use, you are unable to access the Service, or the Service has become unavailable.
  26.  
  27. 2.2 Administration charges and other charges
  28.  
  29. 2.2.1 In addition to the fees and charges you incur in the normal use of the Service (including an access fee, where applicable), we may charge you for an administration fee and other similar charges, which may include suspension fees or cancellation fees, late payment fees, reconnection or reactivation fees as may be stated in your subscription plan.
  30.  
  31. 2.2.2 We may also charge you with service modification fees for any request for transfer of ownership, change of telephone number, increase/reduction/modification of the Services, reconnection, and other modifications related to the Service.
  32.  
  33. 2.2.3 We may also ask you to make a deposit or request that you make an interim good-faith payment (such as deposit for equipment, if there has been an unusually high use of the service or if you want to activate roaming for mobile services).
  34.  
  35. 2.3 Upgrade and Downgrade Fees
  36.  
  37. 2.3.1 You agree that an essential consideration for provisioning the Service described in your application is your commitment to maintain or upgrade your subscription plan for the agreed minimum subscription period. As such, you agree not to downgrade your subscription plan to lower plans within the agreed minimum subscription period.
  38.  
  39. 2.3.2 If you will downgrade your subscription plan within the agreed minimum subscription period, you agree to be bound by and to pay any penalty as stated in the Suspension, Pre-Termination and Downgrade Policy pertaining to the Service.
  40.  
  41. 2.3.3 You acknowledge and agree that we have the sole discretion to approve any upgrade or downgrade of your subscription plan. If we approve your request, the corresponding adjustment in rates and fees shall be made effective in the subsequent billing cycle following the approval of the request for plan upgrade and downgrade.
  42.  
  43. 2.4 Promotions
  44.  
  45. 2.4.1 We may offer and notify you of any promotion from time to time (including a particular pricing plan, minimum subscription period, the terms and conditions for the relevant promotion) through general advertising.
  46.  
  47. 2.4.2 If you validly accept a promotion, the terms and conditions applicable to the promotion will prevail to the extent that the terms of the promotion are inconsistent with the terms of this Agreement. Otherwise, the terms and conditions of this Agreement will continue to apply.
  48.  
  49. 2.4.3 After the promotion expires, the terms and conditions applicable to the promotion will be terminated and this Agreement will apply.
  50.  
  51. 2.5 Charges Applicable to Globe Mobile Service
  52.  
  53. Some fees and charges for the service are subject to variation, such as charges relating to: international services or roaming, value-added, and content or premium services.
  54.  
  55. 2.6 Charges Applicable to Globe Broadband and Landline Service
  56.  
  57. For Broadband and Landline Service, we reserve the right to charge you the following additional charges for Broadband and Landline Service: (a) installation, connection and maintenance; (b) development and customization; and (c) relocation and modification. You agree to pay these additional charges for Broadband and Landline Service prior to us providing you with the requested service.
  58.  
  59. ARTICLE 3: CREDIT LIMIT
  60.  
  61. 3.1 You will be assigned a credit limit which specifies the maximum recurring charges which you may subscribe to.
  62.  
  63. 3.2 We reserve the sole right to review the criteria for the increase/decrease of your credit limit and approve or disapprove any such request subject to existing terms and conditions. We may also proactively increase your credit limit and notify you of the increase. If you do not concur to your new credit limit, you have to inform us within the specified period indicated in the notification. Failure on your part to advise us within the specified period shall be deemed an acceptance of the new credit limit.
  64.  
  65. ARTICLE 4: SPENDING LIMIT
  66.  
  67. 4.1 You may opt to set a spending limit which represents your cap which will enable you to manage your usage within a billing cycle. If you exceed your spending limit, we may require payment even before the end of your billing cycle or we may notify you through any of your contact details/numbers. Notwithstanding non-receipt of any notification, you may request, at any time, details about your unbilled charges by calling our Customer Service Hotline at (+632 7301000), by visiting any of our Globe Stores nearest you, or consulting your account manager. For Globe Postpaid, you may also inquire about your unbilled charges through any of our communication channels. Failure on your part to inquire about your unbilled charges for whatever reason does not absolve you from liability in settling your outstanding balance in excess of your spending limit. Further, we may bar, suspend or temporarily disconnect the Service as soon as you exceed your spending limit, or when otherwise warranted by abnormal usage patterns or other circumstances, without need of prior notice and liability on our part. You agree to pay for all usage whether within or in excess of your spending limit in order to continuously avail of the Service.
  68.  
  69. 4.2 We reserve the sole right to review the criteria for the increase/decrease of your spending limit and approve or disapprove any such request subject to existing terms and conditions. We may also proactively increase your spending limit and notify you of the increase. If you do not concur to your new spending limit, you have to inform us within the specified period indicated in the notification. Failure on your part to advise us within the specified period shall be deemed as acceptance of the new spending limit.
  70.  
  71. ARTICLE 5: BILLING AND PAYMENTS
  72.  
  73. 5.1 Billing
  74.  
  75. 5.1.1 We will regularly send your bill to your preferred billing address as indicated in your application. We reserve the right to send your bill(s) to your other address(es) disclosed in your application in case of “Moved Out/Return to Sender”. You agree to inform us of any change in your billing address. We are not responsible for any consequence of your inability to receive your bill and pay them by the due date as a result of your failure to timely notify us of the change in your billing address.
  76.  
  77. 5.1.2 Notwithstanding the non-delivery of any of your bill, you are responsible to inform yourself of any outstanding balance either by calling our Customer Service Hotline at (+632 7301000), visiting our Globe Stores, through your account manager, or through the myBill website at www.globe.com.ph and make payment by the due date without need of further demand on our part.
  78.  
  79. 5.1.3 We will try to include on your bill all charges for the relevant billing period. However, this is not always possible and we may include these unbilled charges in a later bill(s). We may also render interim billings in advance of the usual billing cycle whenever your actual usage charges exceed your credit limit.
  80.  
  81. 5.1.4 For any billing inquiry or complaint, you are required to file a complaint with our Customer Service Hotline or Globe Stores or your assigned account manager within thirty (30) days from statement date. Failure to file your complaint within said period shall mean that you have accepted the accuracy and correctness of the bill and in effect final and conclusive. We will respond to your billing queries or settle your billing complaint at the soonest possible time. You agree that we shall rely on our records that you agree to be correct and conclusive.
  82.  
  83. 5.1.5 We may place your Service on a single bill with other Services that you have with us. At point of sale, you may choose to have all Services billed individually. If you receive a single bill, afterwards it may not be possible to obtain individual bills for your Services. You may also opt to enroll in myBill online at www.globe.com.ph to enable you to view your bill for Services you have availed of.
  84.  
  85. 5.1.6 We may bill you by using an authorized billing agent.
  86.  
  87. 5.2 Payments
  88.  
  89. 5.2.1 You agree to pay the entire amount billed by the due date specified in the payment notification, bill or as otherwise notified by us. Failure or refusal on your part to pay any outstanding charges by the due date shall entitle us to exercise our right to redirect, bar or temporarily disconnect your Service(s) without liability on our part.
  90.  
  91. 5.2.2 Your payments shall be first applied to any late payment fee, billings in arrears and your current billing.
  92.  
  93. 5.2.3 In case of overpayment, the excess amount shall be used to offset outstanding charges, fees, cost, rentals or any other sum due in your other bills or your account will be credited with the amount you have overpaid. If you have stopped obtaining the Service, we will use reasonable endeavors to notify you of the overpayment and refund the same in accordance with our company policies.
  94.  
  95. 5.2.4 You may pay your bill through any of our accredited payment channels listed in our website at www.globe.com.ph or Globe Stores. We are not bound to honor your payments made to persons or entities or at places not authorized by us to receive payments on our behalf. If your payment is not honored (for example, in the case of insufficient funds for direct debit or credit card payment, or a dishonored cheque), we may charge you a fee.
  96.  
  97. 5.2.5 Any late payment made by you, whether in full or in part, shall not affect our right to pursue legal remedies to collect any penalties or damages we incur as a result of your late payment or non-payment of your bill. This may include but is not limited to (1) penalty fee for your failure to comply with the minimum subscription period or the value of the handset, equipment, reward or promotional product, whichever is higher; (2) reconnection fee and (3) reactivation fee.
  98.  
  99. 5.3 Taxes and Currency Exchange Rates Adjustment (CERA)
  100.  
  101. Unless otherwise indicated, the fees and charges set out in this Agreement include any amount on account of tax and Currency Exchange Rates Adjustment (if any). Should there be additional taxes or increase in tax rate as mandated under Philippine laws, we will bill you accordingly.
  102.  
  103. ARTICLE 6: EQUIPMENT
  104.  
  105. 6.1 For Telco Owned Equipment, you agree that ownership over the said equipment shall remain with us. Subject to our obligations and warranties, you agree to be responsible for Telco Owned Equipment from the time you accepted the delivery of our equipment. Responsibility will include but not limited to the following:
  106.  
  107. (a) To pay for all applicable charges and fees as stated in your application and that activation occurs upon completion of equipment installation and testing;
  108.  
  109. (b) To keep our equipment used for the Service in good condition (fair wear and tear only excepted) and be fully responsible for any loss or damage to the equipment whether the same be caused by fire, theft, vandalism, accident, fault or negligence by you, a third person or as a result of force majeure. You agree to shoulder the cost of repair or replacement of our equipment;
  110.  
  111. (c) To promptly report to our Customer Service Hotline (+632 7301000) or 211 via Globe Mobile, Globe Stores or your account manager any problem with or damage to the equipment and/or any act of third persons which may or which you have reason to believe will cause damage to the equipment or the delivery of the Service;
  112.  
  113. (d) To promptly report to our Customer Service Hotline (+632 7301000) or 211 via Globe Mobile, Globe Stores or your account manager for loss or theft to the equipment, to be followed by submission of a duly notarized written affidavit of loss or police report to document such loss within twenty four (24) hours from discovery of the loss. We will disconnect the Service upon receipt of such notice; however you shall continue to be responsible and liable to pay for usage of the Service until the time the loss is reported and for a period of twenty-four (24) hours after receipt of the written affidavit of loss or police report. You shall remain liable for Monthly Service Fees during the period of temporary disconnection. The Service may be automatically reconnected after 30 days from the date of disconnection; and
  114.  
  115. (e) To prohibit the equipment from being used for the Service either: (i) to be tapped, operated through a remote station, or messages transmitted therein to be in violation of existing law, (ii) to connect, disconnect, or alter any instruments or facilities to the equipment used for the Service without our written approval, and (iii) to exercise full control of and responsibility for the equipment used for the Service and you are accountable for the use of the Service from the equipment assigned to you.
  116.  
  117. 6.2 You may also purchase equipment from us to use in connection with the Service. Subject to our obligations and warranties, you will own the equipment only upon full payment of the purchase price of said equipment. Further, you will be responsible for any outstanding payments for the purchased equipment, even when said equipment is lost, stolen or damaged. Warranty claims shall be dealt with in accordance with the warranty extended to the equipment by the authorized dealer or manufacturer, as applicable, of the same and we shall not be responsible for the consequences of any of your acts which voids the warranty or renders the same inapplicable.
  118.  
  119. 6.3 You shall not mortgage or create any encumbrance on this Agreement and on any right or interest originating from it nor sell, mortgage or pledge the Service or equipment, without our prior written approval. We reserve the right not to honor any transfer of ownership executed without our prior consent, and immediately disconnect the Service, without any liability on our part, upon discovery of such unauthorized transfer. Moreover, our consent to any transfer shall be given only after submission of all our credit requirements relative to the transferee as a new subscriber after credit investigation. Pending approval of the transfer, you shall be liable to pay accrued charges. If the transfer occurred within the minimum subscription period and the transferee is unable to complete the said period, the latter shall be liable to pay the corresponding penalty fee as may be imposed by us proportionate to the unfulfilled holding period, whichever is higher. You shall indemnify us for all sums for which we may be liable arising from our refusal to render Service to the unauthorized transferee.
  120.  
  121. 6.4 Where applicable, you will provide an adequate and suitable space, power supply and environment for all equipment used in connection with the Service located in your premises. Further, where applicable, you will allow our personnel or designated contractors to enter your premises at reasonable times to inspect, test, service, modify, repair or replace any Telco Owned Equipment.
  122.  
  123. 6.5 If you breach any of the preceding paragraphs, we may either: (a) disconnect the equipment from the Service, (b) suspend or terminate the Service in accordance with Article 6 hereof.
  124.  
  125. ARTICLE 7: TERMINATING AND SUSPENDING THE SERVICE
  126.  
  127. 7.1 You may cancel the Service at any time by:
  128.  
  129. (a) giving us thirty (30) days prior notice (please note that you are required to give us this notice if you do not wish to continue to use the Service after the end of the minimum subscription period), otherwise we will continue to supply the Service to you and you will continue to be charged for the Service), or
  130.  
  131. (b) giving us notice (whether in the form of a letter or a call to our Customer Service Hotline), if: (i) we breach a material term of this Agreement and we cannot remedy that breach, except if such breach was a result of circumstances reasonably attributable to you; or (ii) we breach a material term of this Agreement, which we can remedy, but we do not remedy that breach within thirty (30) days after you give us notice requiring us to do so; or (iii) due to force majeure.
  132.  
  133. 7.2 We may terminate the Service at any time by giving you at least due notice. We may however terminate the service without notice in the event of the following:
  134.  
  135. (a) there is an emergency or threat to our network, such as but not limited to your equipment emitting signals or code that are harmful to or interfere with our network,
  136.  
  137. (b) we reasonably suspect that you directly or indirectly engage in any fraud either by yourself or with any other person in connection with the Service, whether the said act is punishable under the law or not and other analogous cases such as but not limited to international simple resale (ISR), authorized audiotex or as part of a ringback, dialback or similar operation, or availed of ringback, dialback or similar services utilizing the telephone issued by us, no matter how short, be it temporary or permanent, whether or not for value or which operation or service constitutes a bypass defrauding us or our interconnect partners of the rightful access/termination charges due them (“Bypass”),
  138.  
  139. (c) we are required to do so to comply with an order, instruction, request or notice of any competent legal authority or by authorization of or under law,
  140.  
  141. (d) you breach a material term of this Agreement (including for the avoidance of doubt, but not limited to, your obligations relating to the use of the Service set out in your application or otherwise misuse either the Service or breach of any terms and conditions of this Agreement and you can remedy that breach but you fail to remedy the breach within ten (10) days after receipt of notice from us requiring you to do so or you cannot remedy that breach, such as but not limited to transferring your account without our consent, have connected accessories (pertaining to the application software that may have virus bugs), have installed and used software that you do not have any license that may result in an infringement of third party’s intellectual property rights, which may be harmful to our equipment and network,
  142.  
  143. (e) you suffer an insolvency event and we reasonably believe we are unlikely to receive payment for amounts due, or
  144.  
  145. (f) due to force majeure.
  146.  
  147. 7.3 The Service will be terminated on termination date. You will not be able to use the Service after the termination date.
  148.  
  149. 7.4 In addition to the above grounds, we may also suspend the Service at any time, if: (a) doing so is necessary to allow us or a supplier to repair, maintain or service any part of our network or a supplier's network used to supply the Service, (b) we reasonably believe there has been an unusually high use of the Service, (c) problems are experienced interconnecting to our network with any supplier's network, or (d) we are otherwise entitled to do so under this Agreement.
  150.  
  151. 7.5 If we suspend the Service, we may later cancel the Service for the same or a different reason.
  152.  
  153. 7.5.1 If the Service is suspended, you will have to pay access fees for the Service while it is suspended.
  154.  
  155. 7.5.2 If the Service is suspended and the suspension was not as a result of circumstances reasonably attributable to you or to the equipment that is owned by you for use with the Service, you will be entitled to a refund or a rebate of any access fees for the period of suspension. You should contact our Customer Service Hotline (+632 7301000) or 211 via Globe Mobile, Globe Stores or your account manager for your refund.
  156.  
  157. 7.5.3 If you wish to lift the suspension, you should contact us.
  158.  
  159. 7.6 If the suspension is temporary and was requested by you for personal reasons, the Service may be automatically lifted after 30 days. If you wish to continue the suspension of the Service, you should contact us.
  160.  
  161. 7.7 We reserve the right to redirect, bar or temporarily disconnect your telecommunication service(s) in the event we find inconsistencies in the information provided in your application form, non-payment of an overdue account, usage in excess of credit limit, abnormal usage patterns, fraud, or other similar cases. You shall have no cause of action against us for call redirection, call barring or temporary disconnection. We may reconnect your service(s) once you fully comply with our requirements. Further, you will continue to be liable for any applicable charges and/or fees, including but not limited to the monthly service fees during the applicable period despite the call redirection, call barring or temporary disconnection.
  162.  
  163. 7.8 Further, we reserve the right to effect a permanent disconnection of your service(s) if you continue to fail to pay your bill within our identified period. Once the service(s) is terminated, all outstanding balance becomes due and demandable.
  164.  
  165. 7.9 In the event that you fail and continue to fail to pay your bill, we will engage the services of a collection agency or institute legal proceedings against you to recover the money you owe us and we may seek to collect recovery fee and/or reasonable costs and legal fees.
  166.  
  167. ARTICLE 8: REPRESENTATIONS AND WARRANTIES
  168.  
  169. 8.1 We represent that we will reasonably provide the Service in accordance with industry standards.
  170.  
  171. 8.2 We make no representation that the Service is available throughout the Philippine territory and in all international territories.
  172.  
  173. 8.3 WE PROVIDE THE SERVICE ON AN "AS IS" BASIS AND MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE IS UNINTERRUPTED OR ERROR FREE. WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES AS TO THE SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, WE DO NOT REPRESENT NOR WARRANT THAT THE INFORMATION ACCESSIBLE ON OR THROUGH THE SERVICE IS ACCURATE, COMPLETE OR CURRENT, AND ALL INFORMATION, INCLUDING PRICES AND AVAILABILITY, IS SUBJECT TO CHANGE WITHOUT PRIOR NOTICE TO YOU.
  174.  
  175. 8.4 You assume all the risks associated with the use of the Service, any information available and/or accessed through the Service and any security features provided for the Service. We are not responsible for loss of data. You are solely responsible to ensure that your data is properly backed-up and stored in another location other than the Service.
  176.  
  177. 8.5 You represent and warrant that---
  178.  
  179. (a) your use of the Service will be strictly in accordance with this Agreement,
  180.  
  181. (b) you will not violate or infringe upon any proprietary or other rights and any applicable laws or regulations, and
  182.  
  183. (c) you have not represented to any party that we made any warranty or representation of any kind with respect to the Service.
  184.  
  185. ARTICLE 9: LIABILITY
  186.  
  187. 9.1 NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOSS OF INCOME, PROFITS, DATA, DAMAGES FROM LOSS OF USE, OR BUSINESS OPPORTUNITY, OR FAILURE TO ACHIEVE COST SAVINGS, IN CONTRACT, TORT, OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, COST, OR DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT; PROVIDED HOWEVER, THAT THE FOREGOING LIMITATION SHALL NOT APPLY TO ANY CLAIMS FOR PERSONAL INJURY OR DEATH OR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR YOUR/OUR INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT.
  188.  
  189. 9.2 OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE MONTHLY SERVICE FEE AS STATED IN YOUR APPLICATION.
  190.  
  191. 9.3 We shall not be liable for such suspension, redirection or temporary disconnection and shall have no obligation to reconnect the Service unless you have cured the cause for such suspension, redirection or temporary disconnection to our satisfaction. We have the right to make permanent the temporary disconnection if you failed to cure the cause of disconnection within the agreed period of time. Reconnection/Reactivation shall be at our sole discretion and subject to reconnection/reactivation fees.
  192.  
  193. 9.4 Upon reconnection/reactivation of Service, you shall be bound by the terms and conditions of our Agreement.
  194.  
  195. 9.5 In the event that you use the Service for any Bypass activities, you shall immediately compensate us an amount equivalent to the rightful access or termination charge prevailing at the time the unauthorized service was committed plus 50% of such access or termination charge and all other claims and damages demanded by our interconnect partners who have been affected by the unauthorized service (“Bypass Compensation”). Such Bypass Compensation shall be computed from the time the unauthorized service was committed by you until the actual cessation of bypass. This provision shall not be subject to any limitation of liability provided in this Agreement.
  196.  
  197. 9.6 We reserve the right to investigate any possible violations of this Agreement and we may gather information from you, the recipient(s) or the complaining party. We may, without incurring any liability, suspend your use of the Service as it deems appropriate and without notice. If we, at our own discretion, determine that a violation of this Agreement has occurred, we may terminate, temporarily or permanently, the Service or take other corrective action as we deem appropriate. We will fully cooperate with any court order requesting or directing us to disclose your identity in case you are found to have violated this Agreement.
  198.  
  199. 9.7 If the Service is terminated, you are liable to immediately pay any charges incurred (including the termination fee and outstanding equipment charges and penalty fees, if any) until termination date. You shall also immediately pay for charges that we discover after such termination. If you are able to use the Service after the termination date, you are liable for any charges incurred by you for that use, in addition to any other charges under this clause. Further, you authorize us to apply any of your advance payment to any outstanding charges.
  200.  
  201. 9.8 If the Service is terminated as a result of circumstances reasonably attributable to you: (a) before the service start date, you must pay us all infrastructure and installation costs incurred by us in connection with preparations for supplying the Service to you, and (b) during the minimum subscription period, you must pay us the pre-termination fee.
  202.  
  203. 9.9 In addition to your liabilities stated above, you will be responsible for the safe custody of Telco Owned Equipment until such time you have surrendered the same to us. You agree to delete any application and data that may be stored in said equipment. In this regard, you allow us to enter your premises and remove our equipment.
  204.  
  205. 9.10 If we are unable to retrieve our equipment from your premises, for whatever reason, you shall be liable for the full cost of such equipment, without prejudice to any remedies that may be available to us under this Agreement or under the law and we can claim any damages that we may suffer for your failure to surrender our equipment.
  206.  
  207. ARTICLE 10: LIMITATION OF LIABILITY AND REMEDIES
  208.  
  209. 10.1 You agree to defend and hold us free and harmless from any and against all claims, demands, actions, causes of action, judgment, cost and reasonable attorney's fee and expenses of any nature for--- (a) any damage of any kind arising from or related to your use of the Service or by another party irrespective of whether you have known or authorized such usage, (b) any damage to property or injury or death to any person resulting from your use and operation or malfunction of any equipment or power supply used for the Service, (c) any claims resulting from any action taken by us during or as a result of our investigations and/or from any actions taken as a consequence of investigations conducted by us or by law enforcement authorities, and (d) any damage as a result of your acts or your failure to comply with the terms and conditions of this Agreement.
  210.  
  211. 10.2 In no event shall we be liable for: (a) any damage of any kind arising from or related to your use of the Service or by another party irrespective of whether you have known or authorized such usage, (b) any damage to property or injury or death to any person resulting from your use and operation or malfunction of any equipment or power supply used for the Service, (c) any damage as a result of your acts or your failure to comply with the terms and conditions of this Agreement, (d) any unauthorized access by a third party to your network or data, (e) any error, omission or inaccuracy with respect to any information disclosed through the use of the Service, or for any damages which such errors may cause, (f) any delay, interruption or failure to provide or restore the Service due to causes beyond our control or force majeure, etc.
  212.  
  213. 10.3 You acknowledge that we have the discretion to interrupt, suspend, call redirect (for Globe Mobile), deactivate or disconnect the Service for various reasons or causes beyond our control including but not limited to force majeure, power and equipment failure or acts or omissions on your part or a third party.
  214.  
  215. ARTICLE 11: ASSIGNMENT OR TRANSFER OF SERVICE
  216.  
  217. 11.1 You agree that you will not: (a) allow any person to share in the use and benefits of the Service or of this Agreement, whether for consideration or not, (b) assign this Agreement or any right, interest or benefit herein, (c) transfer or cause the location transfer of the telephone, modem or any equipment owned by us, or (d) mortgage or hypothecate the telephone, modem or any equipment owned by us, without our prior written consent.
  218.  
  219. 11.2 You may secure our written consent by accomplishing and submitting the appropriate service modification request together with the required supporting documents with our Customer Service Hotline (+632 7301000) or 211 via your Globe Mobile, Globe Stores or your account manager.
  220.  
  221. 11.3 In the event we discover that you have procured or caused any of the above-stated activities without our written consent, we reserve the right to immediately terminate the Service without any obligation whatsoever to provide Service to your transferee or mortgagee, or honor any agreement between you and your transferee, or to impose such terms and conditions as we may deem fit, including the terms and conditions of this Agreement, for the reconnection or continuation of the Service to your transferee.
  222.  
  223. 11.4 You will continue to be liable for all charges incurred and until we have approved your service modification request. You further agree to indemnify us for all sums for which we may be held liable by virtue of our refusal to render Service to your unauthorized transferee.
  224.  
  225. ARTICLE 12: TELEPHONE NUMBERS (for Mobile and Landline Service)
  226.  
  227. Randomly assigned telephone numbers for mobile or landline follow the numbering plan assigned by the NTC. We retain ownership over these numbers, thus, having the right to change and allocate any telephone number assigned to you at any time without incurring any liability for any loss or inconvenience on your part. Furthermore, we have the right to dispose of the telephone number in whatever way we deem necessary and/or convenient in the event of termination of this Agreement.
  228.  
  229. ARTICLE 13: MISCELLANEOUS
  230.  
  231. 13.1 This Agreement represents our entire understanding and supersedes all prior written and oral agreements and representations and will commence on the date of our acceptance of your signed application and shall continue for the agreed minimum subscription period unless earlier terminated.
  232.  
  233. 13.2 Upon the lapse of the minimum subscription period, this Agreement shall be renewed automatically on a month-to-month basis until terminated by notice in accordance with the provisions of this Agreement. Notwithstanding, we may require a different minimum subscription period for additional service availed after the execution of this Agreement, which shall be stated in another agreement and shall be reckoned from the date of acceptance of application for other services.
  234.  
  235. 13.3 Any failure by us to enforce this Agreement, for whatever reason, shall not necessarily be construed as a waiver of any right to do so at any time.
  236.  
  237. 13.4 You and we agree that, if any portion of this Agreement is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.
  238.  
  239. 13.5 This Agreement shall be construed in accordance with the Philippine laws. In case of suit arising from this Agreement, you and we agree to submit to the appropriate courts in Mandaluyong City or Makati City that has jurisdiction over the case to the exclusion of all other courts. You agree that in addition to the amount due and collectible, you will pay an additional twenty-five percent (25%) of such amount by way of damages and another twenty-five percent (25%) of such amount by way of attorney’s fees and costs of suit.
  240.  
  241. 13.6 You hereby acknowledge that you have read and understood all the terms and conditions herein stated and that you voluntarily sign this Agreement with full knowledge and consent of everything under this Agreement contains.
  242.  
  243.  
  244.  
  245. TERMS AND CONDITIONS: UNIQUE TO GLOBE MOBILE
  246.  
  247. MINIMUM SUBSCRIPTION PERIOD
  248.  
  249. Your service shall be maintained active for the agreed minimum subscription period from activation date unless otherwise stated in the promo offer. You abide to complete the minimum subscription period and the corresponding pre-termination fee should you terminate your Service before the agreed minimum subscription period ends.
  250.  
  251. CONSUMABLE AMOUNT
  252.  
  253. The consumable amount of your Monthly Service Fee, if any, shall be specified in your subscription plan, and may or may not include all types of calls.
  254.  
  255. MOBILE PHONE AND SIM CARD SECURITY
  256.  
  257. Phone and Card Security: You will be responsible for the security of your Subscriber Identity Module (SIM) Card and the confidentiality of your Personal Identification Number (PIN). All calls, including long distance charges regardless of who accepts such calls, made using your SIM card are presumed made by or authorized by you. You will be liable for all calls using your mobile phone and your SIM Card and/or knowledge of your PIN. You are also responsible for the charges of incoming long distance collect calls received through your mobile number regardless of who may accept such calls.
  258.  
  259. SPENDING LIMIT
  260.  
  261. You may opt to set a spending limit which represents your cap which will enable you to manage your usage within a billing cycle. If you exceed your spending limit, we may require payment even before the end of your billing cycle or we may notify you through any of your contact details/numbers. Notwithstanding non-receipt of any notification, you may request, at any time, details about your unbilled charges by calling our Customer Service Hotline at (+632 7301000), by visiting any of our Globe Stores nearest you, or consulting your account manager. For Globe Postpaid, you may also inquire about your unbilled charges through any of our communication channels. Failure on your part to inquire about your unbilled charges for whatever reason does not absolve you from liability in settling your outstanding balance in excess of your spending limit. Further, we may bar, suspend or temporarily disconnect the Service as soon as you exceed your spending limit, or when otherwise warranted by abnormal usage patterns or other circumstances, without need of prior notice and liability on our part. You agree to pay for all usage whether within or in excess of your spending limit in order to continuously avail of the Service.
  262.  
  263. We reserve the sole right to review the criteria for the increase/decrease of your spending limit and approve or disapprove any such request subject to existing terms and conditions. We may also proactively increase your spending limit and notify you of the increase. If you do not concur to your new spending limit, you have to inform us within the specified period indicated in the notification. Failure on your part to advise us within the specified period shall be deemed as acceptance of the new spending limit.
  264.  
  265. INTERNATIONAL ROAMING SERVICE
  266.  
  267. You understand and agree that the subscription is IDD and International Roaming capable which is built in with the Service upon activation of your account subject to compliance with the payment, billing and spending limit conditions found in this Agreement. However, International Roaming activation shall be at our sole discretion and we may require you to pay an advance payment for the use of the International Roaming Service.
  268.  
  269. Your payment shall be first applied to any late payment fee, billings in arrears and your current billing in that order.
  270.  
  271. You agree to be subject to and abide by your Subscription Agreement and those applicable to the domestic subscriber of the foreign mobile telephone service network that you have selected.
  272.  
  273. You further understand and agree that we will exert best efforts but will not guarantee: (1) to monitor all calls, SMS and VAS usage on a daily basis and (2) to strictly implement the spending limit on your account. Moreover, you understand and agree that we may communicate with you in the event of any unusual surge in calls, SMS and VAS usage.
  274.  
  275. You warrant that you are using the International Roaming Service for your own use. Thus, you are responsible and will pay for all calls, SMS, Roaming GPRS and VAS originating from your handset using your SIM card. You acknowledge that when roaming, you will be charged for both incoming and outgoing voice call and SMS. Some roaming partners may or may not charge incoming SMS. Voice calls and SMS rates may vary depending on the roaming partner and is also subject to change at the discretion of the roaming partner without need of prior notice. You also acknowledge your obligation to secure from us the charging principle of the country of destination.
  276.  
  277. You warrant that all call charges are settled in full in order to avail of the International Roaming Service. Moreover, when the sum of previously billed but unsettled charges and the unbilled charges corresponding to calls placed while roaming in these countries exceed the spending limit, we may require and you shall agree to pay all billed and unbilled charges as a condition for the continuation of the International Roaming Service. You agree that we may bar, suspend, temporarily or permanently disconnect the Service in the event that charges are not settled on a timely basis as required by us.
  278.  
  279. In case of loss of your handset with your SIM card, you agree to immediately notify us by calling collect (operator-assisted) the Globe Roaming Support Hotline at (+632 7301212). We shall only shoulder collect call charges to the Globe Roaming Support Hotline. Any other charges, including, but not limited to, IDD charges, hotel call charges or surcharges, shall be shouldered by you. In the event that the loss is not immediately reported, you shall be liable for all calls made using the handset up to and until you have successfully reported the loss.
  280.  
  281. You understand that we reserve the right to cancel or pre-terminate the International Roaming Service at any time without incurring liability thereto.
  282.  
  283. You agree that while outside the Philippines, your contact person in the Philippines as indicated in this form is authorized to transact with us regarding your International Roaming Service. You shall promptly inform us prior to your departure, if the contact person or his contact details have changed. We shall not be liable for any failure on your part to inform us of any such change.
  284.  
  285. TERMS AND CONDITIONS: UNIQUE TO GLOBE BROADBAND AND LANDLINE
  286.  
  287. MINIMUM SUBSCRIPTION PERIOD
  288.  
  289. Your service shall be maintained active for the agreed minimum subscription period from activation date unless otherwise stated in the promo offer. You abide to complete the minimum subscription period and the corresponding pre-termination fee should you terminate your Service before the agreed minimum subscription period ends.
  290.  
  291. SERVICE ACTIVATION, PROVISIONING AND INSTALLATION
  292.  
  293. We shall provide you with the equipment and peripherals needed to avail the Service, which may include a Customer Premise Equipment (CPE) or Modem kit, a Globe Landline unit, a Globe Subscriber Identity Module (SIM) Card, Ethernet cabling, and/or an external antenna. These equipment and peripherals are non-refundable, non-exchangeable for cash or any other product. Should any of the equipment and peripherals provided by us be inherently defective, these equipment and peripherals may be replaced within seven (7) days from first use.
  294.  
  295. Our provided equipment is locked to the Globe Broadband and Landline network. In cases where a SIM card is needed, only Globe issued SIM card may be used to access the Service. The use of any unauthorized equipment to access the Service is strictly prohibited, and shall be sufficient cause for the immediate disconnection of the Service without need of prior notice and liability to us.
  296.  
  297. Globe Broadband and Landline Service can be accessed only in areas where Globe Broadband and Landline facilities and/or signal are present. You shall hold us free and unaccountable from any liability arising from the non-availability of the Service or inability to access the Globe Broadband and Landline Service.
  298.  
  299. SPECIAL FACILITIES
  300.  
  301. In the event the nature of the Service to be provided to you requires additional wiring, cabling and trunking (hereon to be called “service equipment”) not ordinarily provided to single-line residential subscribers or the premises in which you are located or wish to locate your telephone or requires service equipment not provided in the standard installation package, we shall decide on the wiring route on your premises and shall not be obliged to utilize service equipment you provide. As a pre-requisite to installation, all parties should agree to who will shoulder the additional installation costs.
  302.  
  303. In the case of special telephone traffic handling facilities, or other equipment related to the telephone service provided by you, you agree to the following: (i) that any and all facilities should adhere to all applicable law, regulations and standards required by us, the NTC and the laws of the Philippines, (ii) that written approval has been obtained from us prior to installation, and (iii) that if deemed necessary, we may request you to provide at your own expense the main power supply for equipment which are dependent on an external power supply, connected to the telephone line, in accordance with our requirements.
  304.  
  305. If, in our opinion, your existing facilities are inadequate to cope with your telephone traffic or likely to cause congestion in our telephone network, we shall advise you and you shall promptly comply with such advice to upgrade the existing facilities to cope with such telephone traffic, at your own expense. The provisioning of special facilities or power supply until such time that the requested required cabling/upgrade is provided and shouldering of costs corresponding to these facilities should be agreed upon by all parties.
  306.  
  307. We may, with prior notice to you and without charging you any fees, make alterations to our Service, if we consider such as necessary and desirable in the interest of public service. We shall not be liable for any loss or inconvenience to you resulting therefrom.
  308.  
  309. UNUSUALLY HIGH USE
  310.  
  311. We may contact you if we become aware of an unusually high use of the Service or any network abuse which results as a threat to our business.
  312.  
  313. UPGRADE AND DOWNGRADE POLICY
  314.  
  315. You agree to the following upgrade and downgrade policy:
  316.  
  317. MCRE:Users:mac:Desktop:Screen Shot 2014-04-22 at 5.25.08 PM.png
  318.  
  319. FAIR USE POLICY FOR MOBILE AND BROADBAND SERVICE
  320.  
  321. Your use of the Service is subject to the following rules and guidelines contained in this policy. This policy is designed to ensure that your use of the Service does not break any laws, hinder the efficient operation of our network, and interfere with the rights of our subscribers and other internet users.
  322.  
  323. You are responsible for ensuring that use of the Service and your internet account (if any) complies with this policy. You are also responsible for any use of the Service even if it was used with or without your consent, by any person who gains access to the Service or your internet account (if any).
  324.  
  325. If you become aware of any violations of this policy by other subscribers, you should contact us.
  326.  
  327. ILLEGAL ACTIVITY
  328.  
  329. You agree to use the Service only for the purpose agreed under our Agreement. You must not use the Service for any activity that breaches any law or violates any law, order, regulation or industry code of practice, whether local or international.
  330.  
  331. Prohibited activities include (but are not limited to): posting, disseminating, or in some cases accessing content which is unlawful, including: (i) content that includes (but is not limited to) material containing excessive and/or sexual violence, implied or simulated sexual activity, or materials which deal with issues or contain depictions that require an adult perspective, detailed instruction in crime, violence or drug use, child pornography, bestiality, excessive violence or sexual violence, real depictions of actual sexual activity or criminal activities, (ii) content which violates the copyright or other intellectual property rights of others. You assume all risks regarding the determination of whether material is in the public domain, or (iii) content that defames, harasses or abuses anyone or violates their privacy, (iv) pyramid or other illegal soliciting schemes, or (v) any fraudulent activities, including impersonating any person or entity or forging anyone else’s digital or manual signature. In addition, may not engage in any activity that constitutes a Bypass or Simple Resale. These are activities where a subscriber resells or uses the Service in violation of existing laws for an illegal purpose or uses the Service as part of ringback, dialback, or similar operation, or avails of ringback, dialback, or similar services utilizing the Services provided to subscribers.
  332.  
  333. SECURITY
  334.  
  335. You are responsible for any misuse of the Service, as set out in the preceding clause. You must take reasonable steps to ensure that others do not gain unauthorized access to the Service and your Internet account (if any).
  336.  
  337. The Service must not be used to obtain or attempt to obtain unauthorized access to any computer, system or network. If you do not have authorization, prohibited activities include (but are not limited to): (i) accessing, monitoring or using any data, systems or networks, (ii) probing, scanning or testing the vulnerability of a system or network, (iii) breaching any security or authentication measures for a system or network, (iv) accessing the account or private information of any other person or entity, (v) accessing any server in violation of any acceptable use policy of that server, including any attempt to do any of the things mentioned in paragraphs (i) to (iv) above.
  338.  
  339. You must not (i) use (or attempt to use) or distribute tools designed for compromising security including, but not limited to, password guessing programs, cracking tools, packet sniffers or network probing tools, (ii) knowingly transmit or disseminate any information or software which contains a virus or other harmful feature, (iii) use (or attempt to use) the Service in a manner that may interfere with the technical operation of the Service or any other computer system, network or telecommunications services, including (but not limited to) denial of service attacks, flooding of a network, overloading a Service, improper seizing and abuse of operator privileges and attempts to ‘crash’ a host, or (iv) interfere (or attempt to interfere) with the regular workings of our systems or network connections.
  340.  
  341. You are solely responsible for the security of any device you choose to connect to the Service including any data stored on that device. You have full control and responsibility for ensuring the security and confidentiality of any software application, codes, passwords, IDs, and the like used with the Service. You agree and acknowledge that all transmission either through voice calls, Short Messaging Service (SMS) and, data originating from your account shall be conclusively presumed to be your transmissions or has been authorized by you. Further, you acknowledge that it is your sole obligation and responsibility to obtain the consent of all recipients of transmissions made using the Service. We recommend against enabling file or printer sharing of any sort. We recommend that any files or services you do choose to make available for remote access be protected with a password or other appropriate measures to prevent unauthorized access. You must notify us immediately of any unauthorized or attempted unauthorized use of your Service and any other breach or attempted breach of security.
  342.  
  343. SOFTWARE APPLICATION
  344.  
  345. You acknowledge and agree that you will ---(a) use the software application provided and installed by us (”Application”) on your equipment in a proper manner and will not re-configure or tamper with the Application as stated in the relevant software license agreement or user’s guide; (b) not allow the installation of the Application to any other personal computer, storage device such as a network server unless covered by the relevant software license agreement; (c) not, without our prior written consent to resell or transfer, rent, lease or lend the use of the Application; and (d) not reverse engineer, decompile, or disassemble the Application.
  346.  
  347. You agree to promptly report to us any problem with or damage to the Application and any circumstances or any acts of other persons which may or which you have any reason to believe will cause damage to the Service.
  348.  
  349. RISKS OF THE INTERNET
  350.  
  351. Some activities that you can perform when accessing the Internet may be harmful or cause loss to you, other people that may access your Service, or your equipment. Typical activities include (but are not limited to): (i) downloading content (including receiving emails) from the Internet which may introduce viruses or other harmful features to your computer, (ii) purchasing goods or services using the Internet, (iii) transmitting confidential information over the Internet (such as your credit card number or other personal information), or (iv) accessing and viewing content on the Internet or otherwise available through the Service that may be offensive to some individuals, or inappropriate for children (for example, it is possible to obtain access to content that is pornographic, offensive and/or unsuitable for children).
  352.  
  353. You bear all risk associated with the activities referred to in the preceding paragraph, and we do not have any liability for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such activities.
  354.  
  355. You may minimize the risk of accessing illegal or offensive content as well as managing use of the Internet by using a filtering solution. We will provide access to one or more of these filtering solutions at a reasonable cost to you as part of the Service.
  356.  
  357. CONTENT PUBLISHING
  358.  
  359. You are solely responsible for any content that you publish via websites, email, newsgroups, online forums or other publishing mediums accessed via the Service.
  360.  
  361. You must not publish material that is or would be classified as illegal activity as stated in clause 1 via websites, email, newsgroups or other publishing mediums accessible via the Service.
  362.  
  363. You must take appropriate precautions to prevent minors from accessing or receiving any content you have published that may be inappropriate for them. This includes implementing a restricted access system or content that is or would be classified as illegal activity as stated in clause 1. We also encourage you to use appropriate warnings and/or labelling systems in respect of content which is likely to be considered unsuitable for children.
  364.  
  365. We reserve the right to block access to, to remove, or to refuse to post any content, in whole or in part, that we, in our sole discretion, deem to be offensive, indecent, or otherwise inappropriate regardless of whether such content or its dissemination is unlawful. This includes (but is not limited to) obscene material, fraudulent or deceptive statements, threatening, intimidating or harassing statements, or material which violates the privacy rights or intellectual property rights of others, or is likely to be defamatory of another person.
  366.  
  367. We reserve the right to remove certain prohibited or potentially prohibited content from our servers or to prevent users from accessing certain Internet content. We may take any steps necessary in order to ensure compliance with any relevant industry code of practice, or notification or direction from third parties, including removing any content (including part or all of a website) from our servers, blocking access to newsgroups, closing or suspending your account, filtering the Internet content made available to you or restricting access to a particular website. We may take these steps at any time and without notice to you.
  368.  
  369. We reserve the right that allows copyright owners or their agents to direct us to remove copyright materials from our servers or to prevent users from accessing copyright materials. We may take any steps necessary in order to ensure compliance with a notification from a copyright owner or their agent, including removing any content (including part or all of a website) from our servers, closing or suspending your internet account, filtering the Internet content made available to you or restricting access to a particular website. We may take these steps at any time and without notice to you.
  370.  
  371. We are under no obligation to monitor transmissions or published content on the Service. However, we (or our agents) have the right to monitor such transmissions or published content from time to time to ensure that you are complying with the terms of this policy, and to disclose that content as required.
  372.  
  373. By using the Service to reproduce, publish, display, transmit or distribute content, you warrant that the content complies with this policy and authorizes us (or our agents) to reproduce, publish, display, transmit and distribute such content as necessary for us to deliver the content in a timely manner.
  374.  
  375. ELECTRONIC MESSAGING AND SPAM
  376.  
  377. You must not use the Service to spam, send bulk and/or unsolicited messages. For avoidance of doubt, spam means unsolicited commercial electronic messages, or the sending of such messages, that do not include accurate sender information and do not contain an unsubscribe facility, as defined in the NTC Memorandum Circular No. 03-03-2005A as amended by NTC Memorandum Circular No. 04-07-2009, Rules and Regulations on Broadcast Messaging Service.
  378.  
  379. This includes, but is not limited to commercial advertising, informational announcements, chain letters, and political or religious messages. You must only send such a message to those individuals who have explicitly requested it.
  380.  
  381. The Service must not be used to: (i) send messages to any individual or entity who has indicated the he/she/it does not wish to receive messages from you, or (ii) collect or redirect responses from unsolicited messages sent from accounts on other Internet hosts or messaging services which violate this policy, or the equivalent policy or any other policy of any other Internet service provider or website. Moreover, unsolicited messages sent from accounts on other Internet hosts or messaging services may not direct the recipient to any website or other resource that uses our network.
  382.  
  383. You must not: (i) obscure, alter or delete the source of messages that you send or forger message headers, (ii) send numerous copies of the same or substantially similar messages, or send very large messages or files, to a recipient with the intent to disrupt a server or account (for example, ‘mail bombing’), (iii) send chain letters, whether or not the recipient wishes to receive such mailings.
  384.  
  385. We are not responsible for forwarding or storing messages sent to any account that has been suspended or cancelled. Such messages may be returned to sender, ignored, deleted, or stored temporarily at our sole discretion.
  386.  
  387. We have responsibilities under the NTC Memorandum Circular No. 03-03-2005A as amended by NTC Memorandum Circular No. 04-07-2009 Rules and Regulations on Broadcast Messaging Service to take steps which attempt to minimize the amount of spam. To assist us with us, we may (i) restrict your ability to forward emails; (ii) limit your access to the Service to a closed user group relevant to your use of the Service; (iii) scan our allocated IP address ranges for misconfigured mail and proxy servers and suspend your Service if you fail to rectify any problem found within a reasonable period.
  388.  
  389. We may also require you to take actions to comply with, or which assist us to comply with, the NTC Memorandum Circular No. 03-03-2005A as amended by NTC Memorandum Circular No. 04-07-2009 Rules and Regulations on Broadcast Messaging Service.
  390.  
  391. ONLINE FORUMS
  392.  
  393. In addition to the previous clauses, this clause applies to online forums.
  394.  
  395. Messages posted to an online forum must comply with the written charters for that forum. You are responsible for determining the policies of a given forum before posting a message to it. Data files may only be posted to online forums that specifically permit this.
  396.  
  397. Posting or cross-posting the same or substantially similar messages to more than eight online forums is prohibited.
  398.  
  399. You must not disrupt or attempt to disrupt online forums by posting a large number of messages that contain no substantive content. Disruption occurs when normal discussion in the group is significantly hindered.
  400.  
  401. You must not use the Service to connect to an online forum from which you have been previously banned.
  402.  
  403. RESALE OR BUNDLING OF SERVICE
  404.  
  405. You agree not to resell, redistribute the Service or any portion thereof to any party, whether temporary or permanent, for value, occupy, use, and/or gain access to the Service without our written consent.
  406.  
  407. You further agree that you will not use the Service as part of another telecommunication service or as a medium of promotion, publicity for any campaign for whatever purpose, of whatever nature, by whatever name called which is likely to generate a change in the usage of the services in excess of your daily usage of the service, and/or likely to cause congestion in our network.
  408.  
  409. VIOLATION OF ACCEPTABLE USE POLICY
  410.  
  411. If you, or someone with access to the Service, use the Service in a way that we reasonably believe violates this policy, we may take any responsive action we deem appropriate.
  412.  
  413. Such actions may include (but are not limited to) temporary or permanent removal of content and content publishing capabilities, filtering of Internet transmissions and the immediate suspension or cancellation of all or any portion of the Service.
  414.  
  415. We may take any other legal or technical action we deem appropriate, including taking action against offenders to recover the costs and expenses of identifying them. If your use of the Service causes a loss to third parties and we are required to pay compensation, we may require you to reimburse us.
  416.  
  417. We are not obligated to regularly monitor your usage of the Service (including any content posted, disseminated or accessed by you); however we reserve the right to monitor your use of the Service to identify violations of this policy, and to protect our network, the other users of this Service, and other Internet users.
  418.  
  419. We reserve the right to investigate any use of the Service that we reasonably suspect violates this policy, including the gathering of information from the users involved and the complaining party, if any, and examination of transmissions and material on our servers and network. During an investigation, we may suspend the internet accounts involved, interrupt transmissions and/or remove material that we reasonably believe potentially violates this policy.
  420.  
  421. In order to enforce this policy, you authorize us (or our agents) to cooperate with the law enforcement authorities in the investigation of suspected criminal violations and system administrators at other Internet service providers or other network or computing facilities. Such cooperation may include us providing, for example, the username, IP address or other identifying information about a user.
  422.  
  423. Upon cancellation of your internet account, we are authorized to delete any files, programs, data and email messages associated with your account.
  424.  
  425. PRIVACY STATEMENT
  426.  
  427. We respect your privacy. Any information provided by you is held with the utmost care and confidence and shall not be used in ways to which you have not consented. We have therefore taken several steps to ensure that the information you have provided is processed accurately and confidentially.
  428. If you purchase products or services or apply to become our subscriber, we require you to provide certain details, such as your name and contact information, so that we can establish, process and manage your account and provide you with the product or service.
  429. Your personal information may be used: (a) for application evaluation purposes; (b) for billing purposes; (c) to maintain your account; (d) to notify you about other or new services or promotions from time to time; (e) to provide customer support; (f) in order to provide you with the products, services or information you have requested; (g) to avoid an imminent threat to a person's life or to public safety and (h) for reasons related to law enforcement or internal investigations into unlawful activities.
  430. We may conduct surveys or request additional information from you to enable us to develop new services and products or to improve the quality of services offered and the manner in which those services are offered.
  431. We may outsource these functions to third parties who are only authorized by us to use this information for these purposes. We may also use our subscriber database to distribute information about our other services. If at any time you no longer wish to receive email or SMS communications from us or from third parties, you can contact our Customer Service Hotline (+632 7301000) or visit Globe Stores or your account manager. For Globe Mobile Service, you may also do an 'opt out' request, as per details of the SMS communication you have received.
  432. Personal information collected from you will only be disclosed to third parties in accordance with this Privacy Statement and your Subscription Agreement. Your Personal Information may be disclosed to (a) third parties where functions are being outsourced, (b) law enforcement agencies, government agencies, courts or external advisors where permitted or required by law, or (c) financial institutions, credit bureaus or similar organizations tasked to provide credit reporting.
  433. Once you have registered as our subscriber, you may access your account details and correct your personal information, by contacting Globe Customer Service Hotline (+632 7301000) or through our Globe Stores or through your account manager.
  434. We strive to protect your personal information submitted through our website www.globe.com.ph. Your subscriber account information provided through this site is held in a secure server environment behind our company firewalls. Our secure server software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information so that it cannot be read as the information travels over the Internet. However, while we maintain high standards in protecting your security, no transmission over the Internet or storage of information on servers connected to the Internet can be guaranteed to be absolutely secured. Thus, we shall not be liable for any breach of security in our servers or in the transmission of your personal information.
  435. We take reasonable steps to ensure the security of personal information held by us from such risks as loss or unauthorized access, destruction, use, modification or disclosure of data. We only permit your details to be accessed by authorized personnel. However, since we cannot guarantee full security of your personal information, we shall not be liable for such loss, unauthorized access, use, destruction, modification or disclosure to third parties.
  436. Changes to this Privacy Statement
  437.  
  438. This Privacy Statement may change from time to time. Any changes to our Privacy Statement will be posted in our website www.globe.com.ph from time to time.
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