This Web Hosting Agreement is between AfriQ Network Solution and the person/persons who use our website hosting and domain service. Please read carefully to ensure you understand our terms before purchasing any of our products or services.
A web hosting service is a type of Internet service that offers individuals and organizations the opportunity to host their own websites, and to store information related to the website, images, video, or other content accessible via the World Wide Web. A Storage Service Provider (SSP) is a company that provides computer storage space and related management services. SSPs also offer periodic backup and archiving. AfriQ Networks offers only web hosting services, not data storage services. The backups offered by AfriQ Networks will be executed on a weekly basis and will overwrite all previous ones. The backups are provided as a courtesy service and may be discontinued at any given time. Shared accounts using more than 20 GB of disk space will be entitled solely to an internal backup service, which is used only in disaster recovery cases and is aimed at preventing our storage servers from being overloaded.AfriQ Network Solution agrees to provide the services stated for the price agreed at any given time. We do not miss lead customers with hidden costs unlike many other web hosting companies.
Terms / Service Eligibility
By registering for or using the Services, you represent and warrant that: you are of legal age or older. The Services are intended solely for Users who are of legal age or older. Any registration, use of or access to the Services, by any minor is unauthorized and is a violation of this Agreement.The Service and any data you provide to AfriQ Networks is hosted in the United States (U.S.) or anyother location afliated by our partners unless otherwise provided. If you access the Service from outside of the U.S., you are voluntarily transferring information (potentially including personally-identifiable information) and content to the U.S. and you agreeing that our collection, use, storage and sharing of your information and content is subject to the laws of the U.S., and not necessarily of the jurisdiction in which you are located. Site Migrations will make every effort to help you move your website to us. Migration are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date. Migration outside of the thirty (30) day period will incur a charge; please contact our Migration department to receive a price quote. In no event shall AfriQ Networks be held liable for any lost or missing data or files resulting from a transfer to or from AfriQ Networks. You are solely responsible for backing up your data in all circumstances.All customers are responsible for monitoring their storage space and bandwidth transfer each month. Customers who go over the limit of their account will be sent an email with the option to either upgrade their account or reduce store and or storage. If customers continue to go over we will do everything possible to fix the problem. We do hold to right to ban accounts for continuous problems. If customers sign up for an account and cancel it within the first month they will still be charged for the full first month.
Renewal notices are emailed sixty days before the actual renew date in your account. If your using a credit card you will not have to worry about manuel payments. All accounts are set up on a pre-pay basis. If payment is not received within 7 days a kes 600 fee will be added. AfriQ Network Solution reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) after due of e-mail notice or exceeding this time frame in any way is subject to suspension. and is Permanently Terminated if Payment is not recieved within 30 Days after its due. AfriQ Networks SHALL NOT BE LIABLE FOR ANY DATA LOSS AS A RESULT OF TERMINATION DUE TO NON PAYMENT IN TIME. YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notify AfriQ Network Solution to request for termination of services. YOUR particular billing cycle corresponds to the contract length that was initially chosen at setup. YOUR account will automatically renew at this length unless cancelled before hand. There is no fee for cancelled accounts that have been paid for yearly. If you cancell an account on the monthly billing cycle AfriQ Network Solution can not refund any payments made before.
All annual payments are non refundable once the 30 day money back guarantee has passed. The only time your annual plan will end is if your account does not comply with our terms of service/acceptable usage policy. Both monthly and annual payments are non-refundable if your account does not follow our terms of service/acceptable usage policy.
Cancellation and Early Termination
Customers must acknowledge that the amount of the services bought is based on customers agreement to pay the fee for the initial term or renewal term.
Any attempt to undermine or cause harm to a server or customer of AfriQ Network Solution is strictly prohibited.
AfriQ Network Solution will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include 'Internet scamming' (tricking other people into releasing their passwords), password theft, security hole scanning, etc.
Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or computer belongs to AfriQ Network Solution, will result in action against YOU. Possible actions include warnings, account suspension or cancelation, as well as civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE - AfriQ Network Solution has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.
YOU may not run IRC, bots or clients on Web servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, upload scripts (Rappidleach), pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by AfriQ Network Solution to be unacceptable use of our services including abuse of server resources.
WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS - All web applications that are out-of-date and actively being exploited will be shut down immediately without prior notice. YOU are responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure their security and orderliness.
Web hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
Disk Space Abuse
AfriQ Network Solution will be the sole arbiter as to what constitutes a violation of this provision. You are reponsable for monitoring your disk space usage. If you need extra disk space contact one of our staff and they will be happy to help out. You can also upgrade your hosting plan from inside your AfriQ Network Solution client account.
The intention of AfriQ Network Solution is to provide a large bandwidth to transfer web documents, and not an offsite storage area for electronic files. If YOU violate this condition, YOU will be notified and given 48 hours to remedy the problem. Failure to do so will result in YOU being billed for the overages.
Traffic will go unmonitored until YOU reach the amount of quota allocated to YOUR specific PLAN. AfriQ Network Solution will be the sole arbiter as to what constitutes a violation of this provision.
Customers agree to use our services under the Acceptable Usage Policy which is here by incorporated with this agreement. Customers agree that AfriQ Network Solution hold the right to change their AUP at any time to meet web hosting standards and laws. Amendments to the AUP are effective on the earlier of AfriQ Network Solution notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with AfriQ Network Solution reasonable investigation of any suspected violation of the AUP. In the event of a dispute between AfriQ Network Solution and Customer regarding the interpretation of the AUP, AfriQ Network Solution commercially reasonable interpretation of the AUP shall govern.
Customer represents and warrants to AfriQ Network Solution that the information he, she or it has provided and will provide to AfriQ Network Solution for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to AfriQ Network Solution that he or she is at least 18 years of age. AfriQ Network Solution may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contract.
UNSOLICITED EMAIL & SPAMMING
Unsolicited commercial advertisements ('SPAM') are not allowed in e-mail, and will likely result in account cancelation. AfriQ Network Solution takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, YOUR account may be deleted.
The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers - any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ('mail bombing'); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages.
NOTE - If YOU use the services of another provider to promote a website hosted by or through AfriQ Network Solution ('spamvertising'), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
99.99% UPTIME GUARANTEE
(1.) COVERAGE - This 99.99% uptime guarantee applies to any Customer in good financial standing with AfriQ Network Solution at the time of a service outage.
(2.) SERVICE LEVEL AGREEMENT ('SLA') & SPECIFICATIONS - AfriQ Network Solution endeavors to have the content of YOUR website available for http access by any party in the world 99.99% of the time. Network downtime ('unavailability') is defined as 100% packet loss from AfriQ Network Solution to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via AfriQ Network Solution's online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the AfriQ Network Solution NOC.
AfriQ Network Solution's administrators will determine the end of the downtime by a traceroute to YOUR machine from outside the AfriQ Network Solution network.
(3a.) Web HOSTING CREDITS - In the event that YOUR website is unavailable for less than 100%, AfriQ Network Solution will credit the following month's service fee as follows. YOUR credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month.
- 95% to 99.9% - YOUR account will be credited 10% of your monthly hosting fee
- 90% to 94.9% - YOUR account will be credited 20% of your monthly hosting fee
- 89.9% or below - YOUR account will be credited 50% of your monthly hosting fee (3b.)
Credit shall not be provided to YOU in the event that you have any outage resulting from:
- scheduled maintenance as posted from time to time at AfriQ Network Solution,
- your behavior or the performance or failure of your equipment, facilities or applications,
- circumstances beyond AfriQ Network Solution's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site,
- YOU breaking any agreement policy in AfriQ Network Solution's 'Terms & Conditions and AUP' causing a machine to fail as a result.
TECHNICAL SUPPORT BOUNDARIES
AfriQ Network Solution provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues.
Unlike many hosting companies We do our best to help with scripts, templates and programing languages. However, under no circumstances is AfriQ Network Solution obligated to help YOU in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by YOU previously.
Each Web web hosting account comes with its own CGI-BIN. YOU are free to use any CGI scripts YOU wish, however we reserve the rights to disable any CGI script that effects normal Web server operation without prior notice.
AfriQ Networks may act as a reseller of certain third party services, hardware, software and equipment used in connection with the Services. AfriQ Networks shall not be responsible for any changes in the Services that cause any thirdparty Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of thirdparty Products, either sold, licensed or provided by AfriQ Networks to you will not be deemed a breach of AfriQ Networks's obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-AfriQ Networks Product are limited to those rights extended to you by the manufacturer of such Product. You are entitled to use any Non-AfriQ Networks Product supplied by AfriQ Networks only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-AfriQ Networks Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-AfriQ Networks Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
YOU AGREE TO DEFEND,INDEMNIFY AND HOLD HARMLESS AfriQ Network Solution AGAINST LIABILITIES ARISING OF:
(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH AfriQ Network Solution'S SERVER.
(2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY
(3) COPYRIGHT INFRINGEMENT AND
(4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM AfriQ Network Solution'S SERVER.
Disclaimer of Warranties
AfriQ Network Solution does not warrant or represent that the services will be uninterrupted, error free, or completely secure. To the extent permitted by applicable law AfriQ Network Solution disclaims any and all warranties including the implied warranties or merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law all services are provided on an "As Is" basis.
Limitation of Damages
Neither party shall be liable to the other for any lost profits or any indirect, special incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.
Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of AfriQ Network Solution and any of its employees, agents or affiliates, under any theory of the law (including breach of contract, tort, strict liability and infringement) shall be a payment of money not to exceed the amount payable by customer for the three months service.
Suspension of Services/Termination
Customer agrees that AfriQ Network Solution may suspend services to Customer without notice and without liability if: (i) AfriQ Network Solution reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) AfriQ Network Solution reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay AfriQ Network Solution reasonable reinstatement fee if service is AfriQ Network Solution following a suspension of service under this subsection.
The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if AfriQ Network Solution fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail. The Agreement may be terminated by AfriQ Network Solution prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon five (5) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from AfriQ Network Solution describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer's Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
If you break our terms of service/acceptable usage policy we hold the right to cancel any services. We will never cancel any services without trying our best to resolve the problem with you. However in extreme cases such as an account containing child pornography we hold the right to cancel services without any prior warning. We do not refund any accounts breaking our terms of service/acceptable usage policy. For example if we cancel your hosting account during your first month for breaching copyright, we will not refund you for the first month. This is to prevent people signing up for our services with the intention of breaching our terms. Any account not brought current within a week (7 days) after due of e-mail notice or exceeding this time frame in any way is subject to suspension. Account is Permanently Terminated if Payment is not recieved within 30 Days after its due. AfriQ Networks SHALL NOT BE LIABLE FOR ANY DATA LOSS AS A RESULT OF TERMINATION DUE TO NON PAYMENT IN TIME. YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notify AfriQ Network Solution to request for termination of services.
Request For Customer Information
Customer agrees that AfriQ Network Solution may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that AfriQ Network Solution believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
Account Backup /Data Back Up/Data Loss
Your use of the Services is at your sole risk.Our backup service is provided as a courtesy to you, and, therefore, AfriQ Networks will be in no way held responsible for the files stored in your account. You, as a customer, agree to take full responsibility for all the files in your account and to maintain an appropriate backup of the data stored on our servers. We will back up the files located in the /www folder of your account, as well as the databases you have created. Backups are only kept for a period of 7 days. After this period, a backup cannot be restored. General Backup: The default available backup disk storage space for each customer is 5 GB. User accounts with content over 5 GB cannot be (partially or entirely) backed up. Additional space for backup purposes is available under our Upgrade section in the Control Panel. We provide backup services only to accounts with disk space usage below the purchased backup quota limit. For example, if the purchased data backup quota amounts to 20 GB, we will back up your files as long as your account's disk usage does not exceed the 20 GB quota limit. As soon as this 20 GB quota limit has been reached - the backup script will no longer back up any of your files. Database Backup: Our database backup script WILL NOT back up databases, which contain more than 256 tables. Databases bigger than that take too much time and use too much of the server's resources to be backed up.Customer agrees to maintain a current copy of all content hosted by AfriQ Network Solution not with standing any agreement by AfriQ Network Solution to provide back up services.
Request For Restore Of Hosting Package
During any service term, customer may request up to 10 free restore for any reason of choice. If a customer should need to request a restore after this a kes 500/Account one time fee will be enforced.
Changes To AfriQ Network Solution's Network
Upgrades and other changes in AfriQ Network Solution's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. AfriQ Network Solution reserves the right to change its network in its commercially reasonable discretion, and AfriQ Network Solution shall not be liable for any resulting harm to Customer.
Notices to AfriQ Network Solution under the Agreement shall be given via electronic mail to the e-mail address posted for customer support. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.
AfriQ Network Solution shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond AfriQ Network Solution's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
The Agreement shall be governed by the laws of the United Sates of America Sate of Texas, exclusive of its choice of law principles, and the laws of the United Sates of America Sate of Texas , as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods.
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer's purchase order or other business forms are not binding on AfriQ Network Solution unless they are expressly incorporated into a formal written agreement signed by both parties. A party's failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the Agreement. A party's waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without AfriQ Network Solution's prior written consent. AfriQ Network Solution's approval for assignment is contingent on the assignee meeting AfriQ Network Solution's credit approval criteria. AfriQ Network Solution may assign the Agreement in whole or in part. This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.
All files stored on AfriQ Network Solution's servers must be legally-owned and be accompanied with a valid license and/or copyright. This include and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion.
CANCELATION OF SERVICE
AfriQ Network Solution reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by AfriQ Network Solution if we institutes our right of cancelation. Any violation of policies which results in extra costs billed to YOU.
PROMOTIONAL RATES & SPECIAL OFFERS
AfriQ Network Solution may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not effect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.
We have various special promotions that include a domain name. The cost of this domain name is usually covered by the first month‰Ûªs payment. As a result of this our promotions are not refundable and are not covered by our 30-day money back guarantee.
INTELLECTUAL PROPERTY RIGHTS
Material accessible to you through AfriQ Network Solution's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use AfriQ Network Solution or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the AfriQ Network Solution network. If YOU use a domain name in connection with AfriQ Network Solution or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Customers may not use the AfriQ Network Solution network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. AfriQ Network Solution will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
YOU will be solely responsible for the development, operation and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including without limitation:
(a.) the accuracy and appropriateness of content and materials appearing within the store or related to YOUR products,
(b.) ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party, and
(c.) ensuring that the content and materials appearing within the store or related to YOUR products are not libelous or otherwise illegal. YOU will be solely responsible for the final calculation and application of shipping and sales tax. YOU will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.
YOU are also responsible for the security of any customer credit card numbers and related customer information YOU may access as a result of conducting electronic commerce transactions through YOUR website. YOU will keep all such information confidential and will use the same degree of care and security as YOU use with your confidential information.
STATIC & DYNAMIC CONTENT CACHING
(i) grant to AfriQ Network Solution a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by AfriQ Network Solution under this Agreement and
(ii) agree that such caching is not an infringement of any of YOUR intellectual property rights or any third party's intellectual property rights.
IP ADDRESS OWNERSHIP
AfriQ Network Solution shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by AfriQ Network Solution. AfriQ Network Solution reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
DOMAIN NAME REGISTRATION
YOU agree to pay AfriQ Network Solution prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the AfriQ Network Solution price schedule for the initial registration of the domain name and, should YOU choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if YOUR domain name registration is suspended, canceled or transferred prior to the end of YOUR then current registration term. AfriQ Network Solution reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from AfriQ Network Solution to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by AfriQ Network Solution) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to AfriQ Network Solution as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. AfriQ Network Solution will reinstate YOUR domain name registration solely at AfriQ Network Solution's discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Transfer domain registrar to AfriQ Network Solution
YOU agree to pay AfriQ Network Solution prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the AfriQ Network Solution price schedule for the initial transfer request of the domain name. YOU agree and acknowledge that the domain name transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to:
- No response from the Registered Name Holder or Administrative Contact
- Domain name in Registrar Lock Status
- Domain name registration period time expires or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
AfriQ Network Solution reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from AfriQ Network Solution to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by AfriQ Network Solution) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to AfriQ Network Solution as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. AfriQ Network Solution will reinstate YOUR domain name registration solely at AfriQ Network Solution discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Transfer domain away from AfriQ Network Solution
AfriQ Network Solution reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:
- No response from the Registered Name Holder or Administrative Contact
- Domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for the status change
- Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
YOU agree and acknowledge that the failure or success of a domain name transfer will be his/her sole responsibility, and AfriQ Network Solution will not be held liable for the failure of a domain name transfer for any reason.
Domain registrations are non-refundable. Please do not purchase the domain name until you are certain that it is exactly what you would like to buy.
AfriQ Network Solution reserves the right to refuse service to anyone. YOU may only use AfriQ Network Solution server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: 'Pirated Warez', OGG, AVI, MPEG, ISO, 'Hacker programs or archives', 'Copyrighted Digital Movie Copies (DIVX)' and 'Unlicensed MP3'. The designation of any materials as such described above is left entirely to the discretion of AfriQ Network Solution management.
If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that AfriQ Network Solution may disclose any and all YOUR information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.
Regardless of the place of signing this agreement, YOU agree that for purposes of venue this contract is entered in Nairobi, kenya, and any dispute will be litigated or arbitrated in Nairobi, kenya. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Kenya courts. IN NO EVENT SHALL AfriQ Network Solution'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($100.00) DOLLARS.
AfriQ Network Solution follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.
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