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Terms & Conditions

Upon signing up and/or utilizing our services, you agree upon the following terms

Hosting Agreement

  1. Hosting Services. MABUHAY SOLUTIONS LLC shall provide CUSTOMER with certain website hosting services and systems [including website server space, email capability, internet access, and domain name registration / the “HOSTING”).
  2. Fees. CUSTOMER will pay MABUHAY SOLUTIONS LLC an annual subscription fee (the advertised price [on this site] for their plan (the “Subscription Fee”)) for the HOSTING provided under this agreement.
  3. Payment. CUSTOMER will pay the Subscription Fee to MABUHAY SOLUTIONS LLC
    1. due on the annual renewal date from the Effective date each year,
    2. in immediately available funds, and
    3. though PayPal or Credit Card via the customer portal, or
    4. other form or payment arrangement that MABUHAY SOLUTIONS LLC agrees with.
  4. Taxes. Payment amounts under this agreement do not include Taxes. CUSTOMER will pay all Taxes applicable to payments between the parties under this agreement. 
  5. Late Payments
    1. Right to Suspend. If CUSTOMER fails to make payments within [fifteen] days of the due date, MABUHAY SOLUTIONS LLC may suspend the HOSTING until CUSTOMER pays all outstanding fees.
  6. Representations
    1. Mutual Representations
      1. [Existence. The parties are corporations incorporated and existing under the laws of the jurisdictions of their respective incorporation.]
      2. Authority and Capacity. The parties have the authority and capacity to enter into this agreement.
      3. Execution and Delivery. The parties have duly executed and delivered this agreement.
      4. Enforceability. This agreement constitutes a legal, valid, and binding obligation, enforceable against the parties in accordance with its terms.
      5. No Conflicts. Neither party is under any restriction or obligation that may affect the performance of its obligations under this agreement.
    2. MABUHAY SOLUTIONS LLC Representations. MABUHAY SOLUTIONS LLC exercises no control over, and accepts no responsibility for, third party content of the information passing through MABUHAY SOLUTIONS LLC’s system, network hubs and points of presence, or the internet.
  7. Compliance with Laws. Each party will
    1. comply with all applicable Laws [relating to [Web Hosting and the content thereof]], and
    2. notify the other party if it becomes aware of any non-compliance in connection with this section.
  8. CUSTOMER Restrictions 
    1. Prohibited Use. CUSTOMER will not use the HOSTING for any unlawful or harmful purpose, or any purpose that would put MABUHAY SOLUTIONS LLC in a bad light, including that CUSTOMER will not 
      1. use it to host, store, send, relay or process any harmful components, including malware, viruses, and trojan horses, 
      2. use it to infringe any Person’s Intellectual Property, privacy, or other proprietary rights,
      3. use it to slander, libel, or defame any Person, publish a Person’s personal information or likeness without consent, or otherwise violate a Person’s privacy,
      4. use it to harass or threaten harm, or make offensive, indecent, or abusive statements or messages,
      5. use it to send mass unsolicited e-mail to third parties,
      6. use it to use internet relay chat,
      7. use it for filesharing or storage unrelated to the content of the website.
      8. use it in a way that abuses the HOSTING, disrupts other users’ access to the HOSTING, or otherwise harms or impedes the HOSTING,
      9. reverse engineer any of MABUHAY SOLUTIONS LLC’s systems,
      10. attempt to or help others gain unauthorized access to or use of the HOSTING, or
      11. use it in any way which could reasonably put MABUHAY SOLUTIONS LLC in breach of any of its other obligations.
    2. Acknowledgement MABUHAY SOLUTIONS LLC Does Not Monitor. CUSTOMER hereby acknowledges that MABUHAY SOLUTIONS LLC does not, and does not claim to, monitor any users’ content or use of the HOSTING.
    3. Breach of These Restrictions. If MABUHAY SOLUTIONS LLC reasonably believes CUSTOMER has breached any restrictions under this section [CUSTOMER RESTRICTIONS], MABUHAY SOLUTIONS LLC may
      1. delete or amend any relevant CUSTOMER Content, or
      2. suspend CUSTOMER’s use of and access to the HOSTING while investigating the issue.
    4. Status of Breach. If after MABUHAY SOLUTIONS LLC’s reasonable investigation of the issue it discovers CUSTOMER has actually breached this section [CUSTOMER RESTRICTIONS], MABUHAY SOLUTIONS LLC may consider it a material breach of this agreement.
  9. Limitation of Liability
    1. Mutual Limitation of Liability. Neither party will be liable for breach-of-contract damages that are remote or speculative, or that the breaching party could not reasonably have foreseen on entry into this agreement.
    2. Limitation on MABUHAY SOLUTIONS LLC’s Liability. MABUHAY SOLUTIONS LLC will not be liable for any damages that result from any downtime or failure of performance of the HOSTING, or CUSTOMER otherwise not being able to use or access the HOSTING.
  10. Term. This agreement begins on the Effective Date and will continue until terminated (the “Term”).
    1. At-Will Termination. Either party may terminate this agreement with immediate effect by delivering notice to the other party.
  11. Effect of Termination
    1. Pay Outstanding Amounts. Customer shall immediately pay to Company all amounts outstanding as of the date of, and any amounts outstanding as a result of, termination.
    2. Discontinuance of Use. Customer shall cease all use of the Service upon the effective date of the termination.
    3. Recovery of Data. Customer will have 30 days from the date of termination to retrieve any of data that Customer wishes to keep.
  12.  Indemnification and Notification
    1. Indemnity. CUSTOMER will indemnify MABUHAY SOLUTIONS LLC and its collaborators, suppliers and licensors, and their officers, directors, agents and employees from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense arising out of or in connection with CUSTOMER’s
      1. access to or use of the Service or third party content and services,
      2. breach of this agreement,
      3. violation of law,
      4. negligence or willful misconduct, or
      5. violation of the rights of a third party.
    2. Notification of Claim. CUSTOMER will promptly notify MABUHAY SOLUTIONS LLC in writing of any third-party claim arising out of or in connection with CUSTOMER’s access to or use of the Service.
  13. General Provisions
    1. Amendment. MABUHAY SOLUTIONS LLC may unilaterally amend the agreement, or any exhibit, schedule, or appendix of this agreement, by giving notice to CUSTOMER, subject to the following conditions:
      1. The amendment will take effect at the specified time after the effective date of the notice.
      2. No amendment will retroactively amend any terms of this agreement.
      3. CUSTOMER may, upon receipt of MABUHAY SOLUTIONS LLC’s notice, elect to terminate the agreement.
    2. No Third-Party Beneficiaries. Unless explicitly stated otherwise elsewhere in this agreement, no Person other than the parties themselves has any rights or remedies under this agreement.
    3. Relationship of the Parties
      1. No Relationship. Nothing in this agreement creates any special relationship between the parties, such as a partnership, joint venture, or employee/employer relationship between the parties.
      2. No Authority. Neither party has the authority to, and will not, act as agent for or on behalf of the other party or represent or bind the other party in any manner.
    4. Dispute Resolution. Any controversy or claim arising out of this agreement will be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction.
    5. Governing Law. This agreement will be governed, construed, and enforced in accordance with the laws of the State of Texas, without regard to its conflict of laws rules.
    6. Force Majeure. A party shall not be liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is
      1. beyond the reasonable control of a party,
      2. materially affects the performance of any of its obligations under this agreement, and
      3. could not reasonably have been foreseen or provided against, but
      4. will not be excused for failure or delay resulting from only general economic conditions or other general market effects.
  14. Interpretation. Each party has had adequate opportunity to review this agreement. Any interpretation of this agreement shall be made without regard to authorship or negotiation.