TERMS AND CONDITIONS

In this Agreement, "We", "Ours", "UPLINK", "UPLINKNDS" or "Us" means UPLINK NETWORK AND DATA SOLUTIONS. "User(s)", "You" or "Customer's" means customer or anyone else who uses or accesses the UPLINK service.

A. CUSTOMER RESPONSIBILITIES

The customer must provide us with accurate and truthful information in his/her application and keep us informed of any changes to this information. The customer shall pay all monthly service charges, as they appear on their billing statement. The customer is also responsible for notifying us if there is any problem with the service.

B. INSTALLATION

The customer shall allow access within their premises as necessary for our personnel to install, repair, inspect, maintain, replace or remove the equipment we provide. We are allowed to leave the customer's premises at reasonable hours. The customer shall provide any assistance or help necessary for the installation.

C. EQUIPMENT

In event Customer utilizes equipment supplied by UPLINK, the equipment will remain the property of us. The customer will use reasonable care to avoid damaging the equipment and Customer will not move, relocate, alter, sell, lease, assign, encumber or otherwise tamper with any equipment owned by us. In event any of the equipment is not returned in good condition immediately upon termination of Customer's Internet service, Customer will be charged and agrees to pay fair market value for replacement of any of the equipment.

D. WARRANTY

If our provided device(s) turns out to be defective or malfunction without customer's fault or any negligence, we will replace the defective device at no additional cost upon confirmation of defect.

E. SERVICE

The customer is fully aware that all service plans have a minimum speed as indicated and fluctuations are possible based on usage and peak hour demands.

F. PAYMENT DATE

The bill covers consumption for the preceding month, and payment is due on the 1st day of each month. If the customer fails to pay on or before that date, a three-day grace period will be given. Should the customer still fail to settle the obligation after the grace period, UPLINK reserves the right to impose a late payment charge of Php 50.00 and/or to suspend or terminate the service by retrieving the modem rental unit on the 15th day of each month.

G. REBATES

This will be automatically deducted from monthly dues if there is any service interruptions reported by the customer and or UPLINK's maintenance. The calculation for rebates and/or adjustments will be included on the current billing statement of the customer.

H. SERVICE DISCONNECTION AND RECONNECTION

UPLINK reserves the right to suspend or disconnect the service, with or without prior notice, in the event of non-payment past the grace period, breach of any terms in this Agreement, unauthorized alteration or transfer of provided equipment, or fraudulent use of the service. Disconnection does not relieve the Customer of the obligation to pay all accrued charges, late fees, and remaining balance. To restore disconnected service, the Customer must settle all outstanding dues, pay an advance equivalent to 1 month of his or her chosen plan, and grant UPLINK personnel access to inspect or reinstall the equipment as needed.

I. FORCE MAJEURE

We shall not have any liability whatsoever or be deemed to be in default for any delay or failure on the performance of its obligations under the contract resulting from acts beyond its control, including without limitation, main internet provider's cable faults; acts of nature such as natural disasters, acts or regulations of any governmental authority; war; national emergency; accident; fire; riot; strike; lock-outs, industrial disputes; epidemic or pandemic.

J. RESTRICTION ON TRANSFER

The customer shall not assign this agreement to any other person. We retain the right to assign this Agreement to an affiliate or another party.

ACCEPTABLE USE POLICY (AUP)

1. OVERVIEW AND SCOPE

This Acceptable Use Policy (“AUP”) governs the use of residential internet services provided by UPLINK NETWORK AND DATA SOLUTION (“Provider”). By subscribing to or using the Provider’s residential service, the Subscriber (“Customer”) agrees to comply strictly with all terms outlined below. This policy applies to the primary subscriber and anyone accessing the service through the Customer’s connection.

2. STRICTLY EXCLUSIVE TO SINGLE HOUSEHOLD USE

• RESIDENTIAL INTENDED USE: Services provided under residential subscription plans are designed, priced, and delivered exclusively for personal, non-commercial use by members of a single, physical household at the registered service address.
• NO COMMERCIAL HOSTING: Residential connections must not be used to host commercial servers, commercial web services, public file repositories, or continuous high-volume commercial data traffic.

3. TOTAL PROHIBITION ON RE-DISTRIBUTION, RESALE, AND EXTENSION

The Customer is strictly forbidden from reselling, sub-licensing, extending, or sharing the internet service outside the physical boundaries of the registered residential premises. Prohibited setups include:

• PISO-WIFI AND VENDED HOTSPOTS: Installation or operation of coin-operated Wi-Fi systems (Piso-WiFi), voucher/captive portal devices, or any paid/unpaid public access hardware on a residential line.
• INTER-HOUSEHOLD NETWORK EXTENSIONS: Extending network connectivity to neighboring houses, adjacent buildings, apartment units, or secondary structures via Ethernet cables, outdoor Wi-Fi point-to-point bridges, mesh nodes, or powerline adapters.
• BANDWIDTH SHARING WITH NON-RESIDENTS: Sub-leasing, renting out, or sharing internet access with third parties or surrounding households, whether for a fee or free of charge.

4. NETWORK INTEGRITY AND PROHIBITED ACTIVITIES

Residential connections must be used lawfully and responsibly. The Customer shall not:

• VIOLATE COPYRIGHT OR LOCAL LAWS: Download, stream, or distribute pirated software, copyrighted media, or illegal material.
• COMPROMISE NETWORK SECURITY: Engage in IP spoofing, port scanning, malware distribution, Denial of Service (DoS) attacks, or unauthorized manipulation of Provider-owned equipment (ONT/ONU/Modem).
• ABUSE NETWORK RESOURCES: Generate automated mass traffic, spam, or abusive continuous data loads that degrade service quality for surrounding residential neighbors.

5. MONITORING, AUDITS, AND PENALTIES

• TRAFFIC & TOPOLOGY AUDITS: The Provider actively monitors network connection metrics—including unusual concurrent device counts, high-volume persistent session behavior, and hardware signature patterns—to identify unauthorized redistribution devices or bridge links.
• ACCOUNT ACTIONS: Violations will result in immediate action, including service throttling, suspension, or permanent termination of the residential account without refund.

6. POLICY MODIFICATIONS

The Provider reserves the right to amend this AUP at any time. Continued use of the residential service constitutes acceptance of the modified terms.