DIGITELONE TERMS OF SERVICE (DTS)

In consideration for this Service, the Member agrees to: (1) provide certain current, complete, and accurate information about the Member as prompted to do so by the Service and (2) maintain and update this information as required to keep it current, complete and accurate. All information requested on the original Registration Form shall be referred to as registration data ("Registration Data"). Furthermore, the Member grants DIGITELONE the right to disclose to third parties certain Registration Data about the Member and his/her membership in the aggregate; however, such disclosures will exclude the Member's name, mailing address, email address, account and phone number, unless: (1) the Member expressly directs DIGITELONE, or any other person which the Member may specifically designate to disclose such information through the Service as provided by the Service or (2) DIGITELONE is required to disclose such information by any applicable law or legal process served on DIGITELONE.

If any information provided by Member is inaccurate, misleading or fraudulent,  DIGITELONE retains the right to terminate the Member's membership and rights to use the Service.

3. MODIFICATIONS TO TERMS OF SERVICE.

DIGITELONE may change the terms and conditions of the DTS from time to time. Upon any change in the terms and conditions of the DTS, DIGITELONE will notify the member by posting the changes as a start-up screen prior to your subsequent use of the Service. Member's continued use of the Service constitutes an acceptance of the modified DTS.

4. MODIFICATIONS TO SERVICE.

DIGITELONE reserves the right to modify or discontinue the Service with or without notice to the Member.DIGITELONE shall not be liable to the Member or any third party should DIGITELONE exercise its right to modify or discontinue the Service.

5. PRIVACY POLICY.

It is DIGITELONE’s policy to respect the privacy of the Member’s correspondence and will not monitor, edit or disclose the contents of a Member’s private communications unless required to do so by law or in the good faith belief that such action is necessary to comply with the law or any legal process served on DIGITELONE; protect and defend the rights or property of DIGITELONE; or act under exigent circumstances to protect the personal safety of its Members or the public.

6. MEMBER ACCOUNT, PASSWORD, AND SECURITY.

Once you become a Member of the Service, you shall receive a password and an account. You are entirely responsible for maintaining the confidentiality of your password and account, and for any and all activities which occur under your account.The Member agrees to immediately notify DIGITELONE of any unauthorized use of the Member's account or any other breach of security known to Member.

7. DISCLAIMER OF WARRANTIES.

MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT THE MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.DIGITELONE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.DIGITELONE MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NETIHER DOES DIGITELONE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.THE MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT THE MEMBER'S OWN DISCRETION AND RISK AND THAT THE MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.DIGITELONE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE MEMBER FROM DIGITELONE OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

8. LIMITATION OF LIABILITY.

DIGITELONE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF THE MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF DIGITELONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.The Member acknowledges and agrees that DIGITELONE neither endorses the contents of any Member’s communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.The Member may enter into correspondence with or participate in promotions of the advertisers showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding Member and the advertiser. DIGITELONE assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. NO RESALE OR COMMERCIAL USE OF THE SERVICE.

The Member's right to use the Service is personal to the Member, who must be an individual. The Member agrees not to resell or make any commercial use of the Service without the express consent of DIGITELONE.

10. EMAIL MESSAGE STORAGE AND OTHER LIMITATIONS

DIGITELONE assumes no responsibility for the deletion of or failure to store email messages. The Member may send or receive an unlimited number of messages through the Service, but the storage of such messages shall be subject to an upper limit which DIGITELONE shall publish from time to time.

11. MEMBER CONDUCT

The Member is solely responsible for the contents of his or her transmissions through the Service.The Member hereby warrants that his/her use of the Service complies with all applicable local, state, national and international laws and regulations and agrees, among others, not to use the Service for illegal purposes; not to interfere or disrupt networks connected to the Service; and to comply with all regulations, policies and procedures of networks connected to the Service.The Service makes use of the Internet to send and receive certain messages; therefore, the Member's conduct is subject to Internet regulations, policies and procedures. The Member will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.The Member agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. The Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.Attempts to gain unauthorized access to other computer systems are prohibited.The Member shall not interfere with another Member's use and enjoyment of the Service or another entity's use and enjoyment of similar services.DIGITELONE may, at its sole discretion, immediately terminate the Service should the Member's conduct fail to conform with these terms and conditions of the DTS.

12. INDEMNIFICATION

The Member agrees to indemnify and hold DIGITELONE, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the Member's use of the Service, the violation of this DTS by the Member, or the infringement by the Member, or other user of the Service using the Member's computer, of any intellectual property or other right of any person or entity.

13. TERMINATION

The Member or DIGITELONE may terminate the Service without prior notice,with or without cause, at any time and effective immediately.Should the Member object to any terms and conditions of the DTS or any subsequent modifications thereto or become dissatisfied with the Service in any way, the Member's recourse is limited to immediately discontinuing use of the Service, terminating his/her membership and notifying DIGITELONE of termination.Upon termination of the Service, the Member's right to use the Service and software immediately ceases, and the Member understands that DIGITELONE may immediately delete files in the Member’s account and bar any further access to such files or the Service. The Member shall have no right and DIGITELONE will have no obligation thereafter to forward any unread or unsent messages to the Member or any third party.The Member further agrees that DIGITELONE may terminate the Member’s right to use the Service if the Member fails to use the Service at least one time during a reasonable period of time as determined by DIGITELONE from time to time which period shall not be less than three months.

14. NOTICE

DIGITELONE may broadcast notices or messages through the Service to inform Member of changes to the DTS, the Service, or other matters of importance; such broadcasts shall constitute notice to the Member.

15. PROPRIETARY RIGHTS TO CONTENT

The Member acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to the Member by the Service ("Content") by DIGITELONE or DIGITELONE's advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, the Member is only permitted to use this Content as expressly authorized by the Service or the advertiser. The Member may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser.

16. LAWS

This DTS shall be governed by and construed in accordance with the laws of the Republic of the Philippines, excluding its conflict of law provisions.The Member and DIGITELONE agree to submit to the exclusive jurisdiction of the courts of the Republic of the Philippines.DIGITELONE's failure to exercise or enforce any right or provision of the DTS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by DIGITELONE in writing.The Member and DIGITELONE agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.The section titles in this DTS are solely used for the convenience of the parties and have no legal or contractual significance.

1999 DigitelOne. All Rights Reserved.