|
NigeriaWEBhost.Net/Nigeria-web-host.com, a division of
Purpletriangle Communications is dedicated to providing value-added
web/email Design/hosting services, and we have a responsibility to
protect and provide each Customer the best services available. The
following Policies, Guidelines, and Disclaimer were designed to
ensure these obligations are met and are intended for all domains
using NigeriaWEBhost hosting services. NigeriaWEBhost agrees to
perform these services, subject to availability, and upon complete
payment by the Customer of the specified amount.
Introduction. This Terms of Service is an agreement between
Customer and NigeriaWEBhost, a division of Purpletriangle
Communications, ("Agreement") and applies to Customer's account(s)
with NigeriaWEBhost. PLEASE READ THIS DOCUMENT CAREFULLY and retain
it for future reference. Please note that the information contained
herein is subject to change without notice. Customer agrees to
periodically consult NigeriaWEBhost website (http://www.nigeria-web-host.com)
for changes or amendments to this Agreement. NigeriaWEBhost may, but
is under no obligation to, provide notices of any amendment,
modification or update of this Agreement via e-mail to Customers.
Account Activation. The Customer has applied to
NigeriaWEBhost for the provision of web presence/hosting services as
specified on the order form. By this application, Customer agrees
that NigeriaWEBhost shall have the right to control and determine
the method and means of performing the services. Customer shall not
have any right to control or determine such method or means. Upon
requesting account activation, Customer is required to accept the
policies, guidelines, and disclaimer. Customer acknowledges that no
joint venture, partnership, employment, or agency relationship
exists between Customer and NigeriaWEBhost, because of Customers’
use of NigeriaWEBhost service.
Illegal Usage. Customer may use NigeriaWEBhost services for
lawful purposes only. Transmission, storage, or distribution of any
information, data or material in violation of any applicable law or
regulation is prohibited. This includes, but is not limited to
copyrighted material, 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 software, Hackers programs or archives. Customer agrees to
indemnify and hold harmless NigeriaWEBhost from any claims resulting
from the use of the service that damages the subscriber or any other
party. If NigeriaWEBhost become aware of any violation by Customer,
which is criminal, NigeriaWEBhost will notify the appropriate law
enforcement authorities of such criminal use of our services without
prior information to Customer.
Adult Content. Adult oriented sites, pornography and
sex-related merchandising are prohibited. This includes sites that
may infer sexual content, or links to adult content elsewhere.
Security. Violations of system or network security are
prohibited, and may result in criminal and civil liability. Examples
include, but are not limited to the following: Unauthorized access,
use, probe, or scan of a systems security or authentication
measures, data or traffic. Interference with service to any user,
host or network including, without limitation, mail bombing,
flooding, deliberate attempts to overload a system and broadcast
attacks. Forging of any TCP/IP packet header or any part of the
header information in an email or a newsgroup posting.
Server Resource. Any account that uses a high amount of
server resources (such as, but not limited to, CPU time, memory
usage, and network resources) will be given an option of either
paying extra (which depends on the resource needed) or reducing the
resource used to an acceptable level
CGI/PHP/ASP Scripts. Any cgi-scripts deemed to be adversely
affecting the server performance or the network integrity will be
shut down without prior notice.
Chat Rooms. NigeriaWEBhost does not allow Customers to
install their own chat rooms. Chat rooms tend to be large system
hogs and we cannot permit it as an account option.
Background Running Programs. NigeriaWEBhost may allow
programs to run continually in the background. These are considered
on a case-by-case basis and an extra charge will be incurred based
on system resources used and operational maintenance needed.
Backups. Backups are performed on all servers to ensure
critical files are never lost. However, NigeriaWEBhost is NOT
responsible for lost data, time, income or any other resource due to
faulty backups or non-existent backups.
SPAM (Unsolicited Commerce Email). NigeriaWEBhost may not be
the source, intermediary, or destination address involved in the
transmission of spam, flames, or mail bombs. Your domain may not be
referenced as originator, intermediary, or reply-to address in any
of the above. We consider spam to be any mass unsolicited message in
the mediums of Newsgroups and Email. If you engage in any of the
foregoing activities using the service of another ISP or IPP, but
channeling activities through NigeriaWEBhost as a maildrop for
responses, then we reserve the right to immediately, without
warning, disable your domain. In addition, any site selling or
promoting bulk email services (spam) or software is forbidden.
Multimedia Files. Multimedia files are defined as any
graphics, audio, and video files. NigeriaWEBhost Web Hosting
accounts are not to be used for the purposes of distributing and
storing unusual amount of multimedia files. Any Web site whose disk
space usage for storing the multimedia files exceed 70% of its total
usage, either in terms of total size or number of files, will be
deemed to be using unusual amount of multimedia files.
Database. Any database stored on NigeriaWEBhost hosting
accounts shall be limited in size to 20% of the total disk space
allotted for a particular domain.
Customers’ Responsibility. You are responsible for all
activity originating from your account unless proven a victim of
outside hacking or address forgery. You are responsible for securing
your username and password. You assume responsibility for all
material on your site that may be put on by a third party (such as
the usage of Free for All links pages). Use of NigeriaWEBhost
service requires a certain level of knowledge in the use of Internet
languages, protocols, and software. This level of knowledge varies
depending on the anticipated use and desired content of the web
space by the Customer. The following examples are offered: Web
Publishing: requires knowledge of HTML, properly locating and
linking documents, FTPing Web contents, Graphics, text, sound, image
mapping, etc. FrontPage web publishing: knowledge of the FrontPage
tools as well as Telnet and FTP understanding and capability. Mail:
a use of mail to receive and send mail, etc. The Customer agrees
that he or she has the necessary knowledge to create and maintain
their web space. You agree that it is not the responsibility of
NigeriaWEBhost to provide this knowledge.
Payment Obligations and Renewal Fees. The Customer shall pay
all services to be rendered in advance and such charges and tariffs
as may become payable for the provision of NigeriaWEBhost services.
NigeriaWEBhost may send out invoices as a matter of courtesy in
accordance with the applicable Services fees for services to be
rendered for the applicable year, thirty (30) days to the Account
Renewal Date. NigeriaWEBhost will NOT send bills or invoices by
postal mail or FAX. Where an invoice is delivered to Customer,
Customer shall make payment to NigeriaWEBhost within 24 hours but
not later than the specified payment due date. NigeriaWEBhost shall
be entitled to terminate this Agreement immediately for Customer's
failure to make timely payments. Because the Services are provided
on a yearly basis, Customer will be responsible for Service fees
incurred each year regardless of when Customer provides notice of
termination. If payment is not received by the renewal date, your
account will be suspended within 10 days after payment due date. Any
suspended account will be terminated within 15 days after payment
due date if no payment is received within this time.
Refunds. Refunds will not be entertained for any unused
portions of the Services upon Customers request. Therefore, if
Customer's account is cancelled at any point during the one (1) year
term, Customer will not be entitled to a refund for the months
remaining.
Disclaimer. NigeriaWEBhost service is provided on an “as is”
basis without warranties of any kind, either express or implied,
including, but not limited to, warranties of merchantability,
fitness for a particular purpose or non-infringement. NigeriaWEBhost
expressly disclaims any representation or warranty that the
NigeriaWEBhost service will be error-free, secure or uninterrupted.
No oral advice or written information given by NigeriaWEBhost, its
employees, licensors or the like, will create a warranty; nor may
you rely on any such information or advice. NigeriaWEBhost and its
partners and suppliers will not be liable for any cost or damage
arising either directly or indirectly from any transaction or use of
the service.
Modification. NigeriaWEBhost reserves the right to add,
delete, or modify any provision of this Policies, Guidelines, and
Disclaimer at any time without notice. We also retain the right to
increase any pricing, and make changes to our account plans without
notification.
Refusals of Service. We reserve the right to refuse, cancel,
or suspend service at our sole discretion. Failure to follow any
terms or conditions will result in grounds for your account
deactivation. NigeriaWEBhost will be the sole arbiter as to what
constitutes a violation of any of these provisions. Any activity
that results in the suspension or deactivation of your account will
result in a forfeiture of all fees paid.
Entire Agreement; Severability. This Agreement represents the
entire agreement between the parties, and supersedes all previous
representations, understandings or agreements. If any provision of
this Agreement is held by a court of competent jurisdiction to be
invalid, unenforceable, or void, the remainder of this Agreement
will remain in full force and effect.
Customer hereby represents that he, she or it, is either an
individual entering this Agreement for his or her personal use and
is over 18 years of age, or is a corporation, other legal corporate
entity, duly organized, validly existing and in good standing under
the laws of Nigeria and the person acting on behalf of Customer is
duly authorized to accept, execute and deliver this Agreement on
behalf of Customer.
If you do not agree to these Terms, then please don't submit an
order!
The laws of Nigeria shall govern these Terms and Conditions.
|
