Acceptable Use Policy

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Websites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Your violation of this AUP may result in the suspension or immediate termination of either your PHILBYTE.COM account or other actions WITHOUT PRIOR NOTICE. While the PHILBYTE.COM is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both the PHILBYTE.COM and the Internet and cannot be permitted under the guise of free speech.

If a PHILBYTE.COM account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

Violations of our Acceptable Use Policy:

Illegal Activities: PHILBYTE.COM's services may not be used for illegal purposes, or in support of illegal activities. PHILBYTE.COM reserves the right to co-operate fully with legal authorities and/or injured third parties in the investigation of any criminal or civil wrongdoing. Illegal activities which are prohibited by this AUP include, but are not limited to: Harm to Minors (including, but not limited to Child Pornography), transmission of material that harasses, threatens, or encourages the bodily harm of another, Fraudulent Activity, Forgery or Impersonation, Initiating Denial of Service Attacks or other unfriendly network activity.

PHILBYTE.COM reserves the right to suspend network access to any customer if in the judgment of the PHILBYTE.COM network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which PHILBYTE.COM chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

Unsolicited Bulk E-Mail (Spam): PHILBYTE.COM takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of PHILBYTE.COM may not use or permit others to use our network to transact in UCE. Customers of PHILBYTE.COM may not host, or permit hosting of, sites or information that is advertised by UCE from other networks, or sending of UCE directly from our servers. Violations of this policy carry severe penalties, including termination of service.

Violation of PHILBYTE.COM's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, PHILBYTE.COM will initiate an immediate investigation (within 48 hours of notification). During the investigation, PHILBYTE.COM may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, PHILBYTE.COM may, at its sole discretion, restrict, suspend or terminate customer's account. Further, PHILBYTE.COM reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. PHILBYTE.COM will notify law enforcement officials if the violation is believed to be a criminal offense.

First violations of this policy will result in an "Administrative Fee" of P5,000 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of P10,000 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed P500 per hour that PHILBYTE.COM personnel must spend to investigate the matter. Very simple, PLEASE DO NOT SPAM from your account.

Shared Resource Usage: PHILBYTE.COM standard hosting accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network or server performance is prohibited by this policy and may result in termination of your account. You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of PHILBYTE.COM's servers or networks. PHILBYTE.COM reserves the right to terminate or limit such activities. This policy also prohibits the installation/running of server processes within a users account, for instance IRC proxies, IRC bots, etc.