Bayan Telecommunications, Inc. - Acceptable Use Policy

ACCEPTABLE USE POLICY

1. Goals. The Bayan Telecommunications, Incorporate (“BAYAN”) Acceptable Use Policy (AUP) has been formulated with the following goals in mind: (a) ensure security, reliability and integrity of BAYAN's systems and network; (b) avoid situations that may cause BAYAN to incur civil and/or criminal liability; (c) maintain the image and reputation of BAYAN as a responsible provider; (d) preserve the value of Internet resources as a medium for free expression; (e) encourage the responsible use of net resources, discouraging practices which degrade the usability of network resources and thus the value of Internet services; (f) preserve the privacy and security of individual users.

2. General Policy. BAYAN reserves the sole discretion to deny or restrict your Service, or immediately to suspend or terminate your Service, if the use of your Service by you or anyone using it, in our sole discretion, violates the Agreement or other BAYAN policies, is objectionable or unlawful, interferes with the functioning or use of the Internet or the BAYAN network by BAYAN or other users, or violates the terms of this AUP.

BAYAN will cooperate fully with investigations of violations of systems or network security at other sites and that of its own, including cooperating with law enforcement authorities in the investigation of suspected criminal violations

The resale of BAYAN's products and services is not permitted, unless specifically authorized and documented in a written agreement.

By the continued use of BAYAN Internet service, the subscriber expressly agrees to be bound by the terms and conditions stated herein as well as future modifications thereto, just as if you had signed this agreement.

BAYAN reserves the right to change the contents of any but not limited to its Acceptable Use Policies, Guidelines without the benefit of prior warning or notification if necessary.

3. Bandwidth Usage. BAYAN Internet, like other Internet service, is a shared- access medium. Accordingly, in order to provide a sustainable quality of Internet service for all customers, BAYAN shall intervene in regulating excessive use of bandwidth. What is deemed excessive will be determined by a number of factors including (but not limited to) the length of time which the excessive usage continues and the type of activity the Internet service was used for as well as the effect of the excessive usage on the service quality of other subscribers in the same general area. BAYAN's intervention for the promotion of fair use of the internet shall include but shall not be limited to, suspension or denial of service. The service may be reactivated provided appropriate arrangements are made between the customer and BAYAN.

4. Specific Examples of AUP Violations. The following are examples of conduct which may lead to termination of your Service. Without limiting the general policy in Section 1, it is a violation of the Agreement and this AUP to: a) transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, national or international law, or any rules or regulations promulgated thereunder; (b) make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "Ponzi schemes." (c) access without permission or right the accounts or computer systems of others, to spoof the URL, DNS or IP addresses of BAYAN or any other entity, or to penetrate the security measures of BAYAN or any other person's computer system, or to attempt any of the foregoing; (d) transmit uninvited communications, data or information, or engage in other similar activities, including without limitation, "spamming", "flaming" or denial of service attacks; (e) intercept, interfere with or redirect email or other transmissions sent by or to others; (f) introduce viruses, worms, harmful code or Trojan horses on the Internet; (g) post off-topic information on message boards, chat rooms or social networking sites; (h) engage in conduct that is defamatory, fraudulent, obscene or deceptive; (i) violate BAYAN's or any third party's copyright, trademark, proprietary or other intellectual property rights; (j) engage in any conduct harmful to the BAYAN network, the Internet generally or other Internet users; (k) generate excessive amounts of email or other Internet traffic; (l) use the Service to violate any rule, policy or guideline of BAYAN; or (m) use the service in any fashion for the transmission or dissemination of images containing child pornography or in a manner that is obscene, sexually explicit, cruel or racist in nature or which espouses, promotes or incites bigotry, hatred or racism. The foregoing enumeration is not exclusive but is merely illustrative of AUP violations.

5. Copyright Infringement/Repeat Infringer Policy. BAYAN respects the intellectual property rights of third parties. Accordingly, you may not store any material or use BAYAN's systems or servers in any manner that constitutes an infringement of third party intellectual property rights. In accordance with Republic Acts No. 8293 (also known as the Intellectual Property Code) and 9239 (also known as the Optical Media Act of 2003) and other applicable laws, it is the policy of BAYAN to suspend or terminate, in appropriate circumstances, the Service provided to any subscriber or account holder who is deemed to infringe third party intellectual property rights, including repeat infringers of copyrights. In addition, BAYAN expressly reserves the right to suspend, terminate or take other interim action regarding the Service of any Subscriber or account holder if BAYAN, in its sole judgment, believes that circumstances relating to an infringement of third party intellectual property rights warrant such action. These policies are in addition to and do not affect or modify any other rights BAYAN may have under law or contract.

6. Compliance Monitoring. BAYAN may, but is not required to, monitor your compliance, or the compliance of other subscribers, with the terms, conditions or policies of this AUP. You acknowledge that BAYAN shall have the right, but not the obligation, to pre-screen, refuse, move or remove any content available on the Service, including but not limited to content that violates the law or this AUP.

7. Reporting of Violations. Violations to this AUP may be reported to abuse@bayan.com.ph. Submissions are requested to have: (a) the IP address used to commit the violation; (b) the date and time (including the time zone); (c) evidence of the violation such as full header information in emails and syslog files.

Actions that BAYAN may take on verified reports may consist of but not limited to any of the following: (a) issue written warnings; (b) suspend the customer's account; (c) terminate the customer's account; (d) bill the customer for appropriate items like administrative costs, penalties, and/or reactivation charges.