The use of services from Siscomedia Nig Ltd, [hereafter referred to as "Reliable Host Nigeria"] also known as ReliablehostNg. Siscomedia Ltd Limited is also (hereinafter referred to as “Parent”) AND you (hereinafter referred to as “Customer”)HAVE entered into a Customer Master Agreement effective from MAY 15, 2013 of which this “TERMS OF SERVICE” is a part. WHERE AS Parent provides Web, Email Hosting, online back up and related other Services; WHERE AS the Customer wishes to place an Order for Web and/or Email Hosting Services (“Hosting Order”) through the Parent;
(1) “Business Day” refers to a working day between Mondays to Friday excluding all Public Holidays.
(2) “Communications” refers to date, time, content, including content in any link, of all oral / transmitted / written communications / correspondence between Registrar, and the Registrant, and any Artificial Juridical Person, Company, Concern, Corporation, Enterprise, Firm, Individual, Institute, Institution, Organization, Person, Society, Trust or any other Legal Entity acting on their behalf.
(3) “Customer” refers to the customer of the Order as recorded in the Reliablev Host Nigeria Database/SERVERS.
(4) “Reliable Host Nigeria” refers to the set of Servers, Software, Interfaces, Registrar Products and API that is provided for use directly or indirectly under this Agreement by Registrar and/or its Service Providers.
(5) “Reliable Host Nigeria Database” is the collection of data elements stored on the Reliable Host Nigeria Servers.
(6) “Reliable Host Nigeria Servers” refer to Machines / Servers that Registrar or its Service Providers maintain to fulfill services and operations of the Reliablev Host Nigeria.
(7) “Reliable Host Nigeria User” refers to the Customer and any Agent, Employee, Contractee of the Customer or any other Legal Entity, that has been provided access to the “Reliable Host Nigeria” by the Customer, directly or indirectly.
(8) “Registrar” refers to the Registrar of record as shown in a Whois Lookup for the corresponding Order at the corresponding Registry Operator.
(9) “Registrar Products” refer to all Products and Services of Registrar which it has provided/rendered/sold, or is providing/rendering/selling.
(10) “Registrar Servers” refer to web servers, Mailing List Servers, Database Servers, Reliable Host Nigeria Servers, Whois Servers and any other Machines / Servers that Registrar or its Service Providers Operate, for the Reliable Host Nigeria, the Registrar Website, the Registrar Mailing Lists, Registrar Products and any other operations required to fulfill services and operations of Registrar.
(11) “Registrar Website” refers to the website of the Registrar.
(12) “Registry Operator” refers individually and collectively to any Artificial Juridical Persons, Company, Concern, Corporation, Enterprise, Firm, Individual, Institute, Institution, Organization, Person, Society, Trust or any other Legal Entity that is involved in the management of any portion of the registry of the TLD, including but not limited to policy formation, technical management, business relationships, directly or indirectly as an appointed contractor.
(13) “Resellers” – The Registrant may purchase the Order through a reseller, who in turn may purchase the same through a reseller and so on (collectively known as the “Resellers”).
(14) “Service Providers” refers individually and collectively to any Artificial Juridical Persons, Company, Concern, Corporation, Enterprise, Firm, Individual, Institute, Institution, Organization, Person, Society, Trust or any other Legal Entity that the Customer and/or Registrar and/or Service Providers (recursively) may, directly or indirectly, Engage / Employ / Outsource / Contract for the fulfillment / provision / purchase of Registrar Products, Reliable Host Nigeria, and any other services and operations of Registrar.
(15) “Whois” refers to the public service provided by Registrar and Registry Operator whereby anyone may obtain certain information associated with the Order through a “Whois Lookup”.
(16) “Whois Record” refers to the collection of all data elements of the Order, specifically its Registrant Contact Information, Administrative Contact Information, Technical Contact Information, Billing Contact Information, Nameservers if any, its Creation and Expiry dates, its Registrar and its current Status in the Registry.
(17) "Online Back up" refers to servers and systems that store files and data remotely and easily accessed over the internet alsovia multiple devices. It's also known as Cloud storage .
(18) "Data Recovery" refers to the service rendered that helsp retrieve documents from a variety of data storage systems including hard drives, memory cards, flash drive, Compact Discs and more.
NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Parent and the Customer, intending to be legally bound, hereby agree as follows:
2. RIGHTS OF PARENTS
While certain attributes of the Hosting Order may consist of unlimited resources, Customer recognises that the Hosting Order is a shared hosting service, and that the Parent has the right in its sole discretion to apply any hard limits on any specific attribute or resource on the Hosting Order at any given time without notice in order to prevent degradation of its services, or incase of any breach or violation or threatened breach or violation of this Agreement, or incase Parent learns of a possibility of breach or violation of this Agreement which Parent in its sole discretion determines to be appropriate, or to protect the integrity and stability of the Parent Products and Reliable Host Nigeria, or to avoid any liability, civil or criminal, on the part of Parent and/or Service Providers, or for any other appropriate reason. The Customer agrees that Parent and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Parent and Service Providers, are not liable for loss or damages that may result from any of the above.
Customer, or its contractors, employees, directors, officers, representatives, agents and affiliates and Reliable Host Nigeria Users, either directly or indirectly, shall not use or permit use of the Hosting Order, in violation of this Agreement, and for any of the activities described below -
(1) As a backup/storage device (except the back up servers and other products).
(2) For any unacceptable or inappropriate material as determined by Parent in its sole discretion, including but not limited to Topsites, IRC Scripts/Bots, Proxy Scripts/Anonymizers, Pirated Software/Warez, Image Hosting Scripts (similar to Photobucket or Tinypic), AutoSurf/PTC/PTS/PPC sites, IP Scanners, Bruteforce Programs/Scripts/Applications, Mail Bombers/Spam Scripts, Banner-Ad services (commercial banner ad rotation), File Dump/Mirror Scripts (similar to rapidshare), Commercial Audio Streaming (more than one or two streams), Escrow/Bank Debentures, High-Yield Interest Programs (HYIP) or Related Sites, Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme), Sale of any controlled substance without prior proof of appropriate permit(s), Prime Banks Programs, Lottery Sites, MUDs/RPGs/PPBGs, Hateful/Racist/Harassment oriented sites, Hacker focused sites/archives/programs, Sites promoting illegal activities, Forums and/or websites that distribute or link to warez/pirated/illegal content, Bank Debentures/Bank Debenture Trading Programs, Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com), Mailer Pro.
(3) Use over 25% of system resources, including but not limited to Memory, CPU, Disk, Network, and Bandwidth capacity, for longer than 90 seconds in any consecutive 6 hour period.
(4) Execute long-running, stand-alone, unattended server-side processes, bots or daemons.
(5) Run any type of web spiders or indexers.
(6) Run any software that interfaces with an IRC (Internet Relay Chat) network.
(7) Run, host, or store any P2P client, tracker, software, server, files, content or application, including bittorrent.
(8) Participate in any P2P or file-sharing networks.
(9) Run any gaming servers.
(10) Run cron entries with intervals of less than 15 minutes.
(11) Store over 100,000 files.
(12) Constantly create and delete large numbers of files on a regular basis, or cause file system damage.
(13) Run any MySQL queries longer than 15 seconds.
(14) Divide Multi-Domain Hosting Orders into smaller packages to resell. Multi-Domain Hosting Orders may be used by only one company/Customer to host multiple domain names/websites. (15) Use excessive resources which in the Parent’s sole discretion result in damage or degradation to the performance, usage, or experience of Reliable Host Nigeria, other users, other orders, and any of Parent’s services. (16) Store a large number of media files (audio, video, etc.), wherein the limit is at Parent’s sole discretion. (17) Send over 100 messages per hour per user and/or 300 messages per hour for a domain name. Receive a high volume of emails, by a user or domain name, in any given period of time. (18) Use the email service for sending or receiving unsolicited emails. (19) Use the email service for sending or receiving emails through automated scripts hosted on your website. For sending out promotional emails, email campaigns, etc., we recommend using the Mailing Lists feature rather than using your email account. Upon detection of such mails going through the regular mailing system, such mails will get classified as spam even though the recipient might have opted in for receiving such mails. This would lead to immediate cessation of mail sending capabilities for the user or the domain name. Frequent violation would lead to permanent suspension of the domain name. (20) Sending mails to invalid recipient email addresses. On receipt of too many bounce back messages due to invalid recipient email addresses, the user sending such mails would get blocked. Frequent violation would lead to permanent suspension of the domain name. (21) Sending mails from an email address that is not valid and which results in triple bounces would result in suspension of the user sending such mails. Frequent violation would lead to permanent suspension of the domain name. (22) Send emails with malicious content. Such emails could be emanating from user(s) whose machine(s) are infected with a virus or malware and such activity could be happening without the user(s) knowledge or user(s) could be unknowingly sending out emails whose receivers may deem them as unsolicited. (23) Purchase/use a Dedicated IP Address without installing an SSL Certificate.
Reliable Host Nigeria is only responsible to the present owner of the Web hosting space. We verify ownership by Online payment or Bank Deposit and available data.
If you are a Web designer and you are not the person paying for the hosting account we advise you to receive payment for your work before you publish it to Reliable Host Nigeria servers. Once the Web site is published to Reliable Host Nigeria servers the account owner has retained ownership of that content.
Account Holder Disputes: Reliable Host Nigeria will only accept and process changes to a Customer Account, including the issue and/or re-issue of passwords, from the party that originally setup the Customer Account and can demonstrate to Reliable Host Nigeria satisfaction that they are the rightful Account Holder. Reliable Host Nigeria will not divulge or change passwords to any account without proof of identification, which is satisfactory to Reliable Host Nigeria, which may include written authorization with signature.
In the event of any partnership break-up, divorce or other legal problems that includes a Customer Account, the Account Holder understands that Reliable Host Nigeria will remain neutral and may put the Account on hold until the situation has been resolved by the parties involved.
Under no circumstances will Reliable Host Nigeria be liable for any losses incurred by the Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless Reliable Host Nigeria from any and all claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement.
4. ACCOUNT SET UP AND CHANGESa) Domain Names: If Reliable Host Nigeria shall acquire an Internet Domain Name on behalf of the customer, then in such case the Customer hereby waives any and all claims which it may have against Reliable Host Nigeria any loss, damage, claim or expense arising out of, or in relation to, the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of services by Reliable Host Nigeria for any reason. Reliable Host Nigeria may identify itself at the time of registration or at a later date as one of the Domain Name contacts in order to administrate the Domain Name. i) Registration: It is your responsibility to verify that the registration of your domain name is complete. And, when the domain name registration comes up for renewal, the Domain Name Registration Company ordinarily will email the contact for your domain to remind you it will soon expire. If you do not keep your domain name's registration current, then the domain registration will expire and the domain would then become available for others to register. It is your responsibility to be certain that you keep your domain name registered. ii) Changes: There is a one-time fee of =N= 2,200 for replacing an existing account domain name with another domain name, whether from spelling error(s) or other purposes.
Domain Registrant Agreement
5. DOMAIN REGISTRANT AGREEMENT This Domain Registrant Agreement (hereinafter referred to as the “Agreement”) between you (“you”, “your” or “Registrant”) and the Registrar of the Domain Name, or .NAME Defensive Registration, or .NAME Mail Forward (the “Order”) that you have registered/reserved through or transferred to Registrar, sets forth the terms and conditions of Registrar’s domain name registration service and other associated services as described herein. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you”, “your” and “Registrant” shall refer to such entity. This Agreement explains our obligations to you, and your obligations to us in relation to each Domain Name, or .NAME Defensive Registration, or .NAME Mail Forward that you have registered/reserved through or transferred to Registrar (“Order”), directly or indirectly, whether or not you have been notified about Registrar.
This Agreement will become effective when the term of your Order begins with Registrar and will remain in force until the Order remains as an active Order with Registrar. Registrar may elect to accept or reject the Order application for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for a prohibited Order.
WHEREAS, Registrar is authorized to provide Internet registration and management services for domain names, for the list of TLDs mentioned within APPENDIX ‘U’; AND WHEREAS, the Registrant is the Owner of a registration of a domain name (“the SLD”) in any of the TLDs mentioned within APPENDIX ‘U’, directly or indirectly; NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Registrar and the Registrant, intending to be legally bound, hereby agree as follows:
6. OBLIGATIONS OF THE REGISTRANT
(1) The Registrant agrees to provide, maintain and update, current, complete and accurate information of the Whois Record and all the data elements about the Order in the Reliablev Host Nigeria Database during the term of the Order. Registrant agrees that provision of inaccurate or unreliable information, and/or Registrant’s failure to promptly update information, or non-receipt of a response for over five (5) calendar days to inquiries sent to the email address of the Registrant or any other contact listed for the Order in the Reliable Host Nigeria database concerning the accuracy of contact information associated with the Order shall be constituted as a breach of this Agreement and a basis for freezing, suspending, or deleting that Order.
(2) The Registrant acknowledges that in the event of any dispute and/or discrepancy concerning the data elements of the Order in the Reliable Host Nigeria Database, the data element in the Reliable Host Nigeria Database records shall prevail. (3) The Registrant acknowledges that the authentication information for complete control and management of the Order will be accessible to the Registry Operator, Service Providers, Resellers and the Customer. Any modification to the Order by the Resellers, Customer or Service Providers will be treated as if it is authorized by the Registrant directly. Registrar is not responsible for any modification to the Order by the Customer, Resellers, Registry Operator, or Service Providers.
(4) The Registrant acknowledges that all communication about the Order will be only done with the Customer or the Resellers of the Order. Registrar is not required to, and may not directly communicate with the Registrant during the entire term of the Order.
(5) The Registrant shall comply with all terms or conditions established by Registrar, Registry Operator and/or Service Providers from time to time.
(6) The Registrant must comply with all applicable terms and conditions, standards, policies, procedures, and practices laid down by ICANN (http://www.icann.org/en/resources/registrars/registrant-rights-responsibilities) and the Registry Operator. (7) During the term of this Agreement and for three years thereafter, the Registrant shall maintain the following records relating to its dealings with Registrar, Resellers and their Agents or Authorized Representatives: (1) in electronic, paper or microfilm form, all written communications with respect to the Order; (2) in electronic form, records of the accounts of the Order, including dates and amounts of all payments, discount, credits and refunds. The Registrant shall make these records available for inspection by Registrar upon reasonable notice not exceeding 14 days.
7. REPRESENTATIONS AND WARRANTIESRegistrar and Registrant represent and warrant that: (1) They have all requisite power and authority to execute, deliver and perform their obligations under this Agreement. (2) This Agreement has been duly and validly executed and delivered and constitutes a legal, valid and binding obligation, enforceable against Registrant and Registrar in accordance with its terms. (3) The execution, delivery, and performance of this Agreement and the consummation by Registrar and the Registrant of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time, or both, conflict with or violate: (1) any provision of law, rule, or regulation; (2) any order, judgment, or decree; (3) any provision of corporate by-laws or other documents; (4) any agreement or other instrument. (4) The execution, performance and delivery of this Agreement has been duly authorized by the Registrant and Registrar.
(5) No consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made in connection with the execution, delivery, and performance of this Agreement or the taking of any other action contemplated hereby.
The Registrant represents and warrants that:
(1) the Registrant has read and understood every clause of this Agreement;
(2) the Registrant has independently evaluated the desirability of the service and is not relying on any representation agreement, guarantee or statement other than as set forth in this agreement; and
(3) the Registrant is eligible, to enter into this Contract according to the laws of his country.
8. RIGHTS OF REGISTRAR, REGISTRY OPERATOR AND SERVICE PROVIDERS (1) Registrar, Service Providers and Registry Operator may change any information, of the Order, or transfer the Order to another Registrant, or transfer the Order to another Customer, upon receiving any authorization from the Registrant, or the Customer, or Resellers as maybe prescribed by Registrar from time to time. (2) Registrar, Service Providers and Registry Operator may provide/send any information, about the Registrant, and the Order including Authentication information:
(1) to the Registrant;
(2) to any authorised representative, agent, contractee, employee of the Registrant upon receiving authorization in any form as maybe prescribed by Registrar from time to time; (3) to the Customer, Resellers, Service Providers and Registry Operator; (4) to anyone performing a Whois Lookup for the Order. (3) Registrar in its own discretion can at any point of time with reasonable notification temporarily or permanently cease to sell any Registrar Products. (4) Registrar and the Registry Operator, in their sole discretion, expressly reserve the right to deny any Order or cancel an Order within 30 days of processing the same. In such case Registrar may refund the fees charged for the Order, after deducting any processing charges for the same.
(5) Notwithstanding anything to the contrary, Registrar, Registry Operator and Service Providers, in their sole discretion, expressly reserve the right to without notice or refund, delete, suspend, deny, cancel, modify, take ownership of or transfer the Order, or to modify, upgrade, suspend, freeze Reliable Host Nigeria, or to publish, transmit, share data in the Reliable Host Nigeria Database with any person or entity, or to contact any entity in the Reliable Host Nigeria Database, in order to recover any Payment from the Registrant, Customer or Resellers, for any service rendered by Registrar including services rendered outside the scope of this agreement for which the Registrant, Customer or Reseller has been notified and requested to remit payment, or to correct mistakes made by Registrar, Registry Operator or Service Providers in processing or executing the Order, or incase of any breach of this Agreement, or incase Registrar learns of a possibility of breach or violation of this Agreement which Registrar in its sole discretion determines to be appropriate, or incase of Termination of this agreement, or if Registrar learns of any such event which Registrar reasonably determines would lead to Termination of this Agreement or would constitute as Breach thereof, or to protect the integrity and stability of the Registrar Products, Reliable Host Nigeria, and the Registry or to comply with any applicable laws, government rules or requirements, requests of law enforcement, or in compliance with any dispute resolution process, or in accordance/compliance with any agreements executed by Registrar including but not limited to agreements with Service Providers, and/or Registry Operator, and/or Customers and/or Resellers, or to avoid any liability, civil or criminal, on the part of Registrar and/or Service Providers, and/or the Registry Operator, as well as their affiliates, subsidiaries, officers, directors and employees, or if the Registrant and/or Agents or any other authorized representatives of the Registrant violate any applicable laws/government rules/usage policies, including but not limited to, intellectual property, copyright, patent, anti-spam, Phishing (identity theft), Pharming (DNS hijacking), distribution of virus or malware, child pornography, using Fast Flux techniques, running Botnet command and control, Hacking (illegal access to another computer or network), network attacks, money laundering schemes (Ponzi, Pyramid, Money Mule, etc.), illegal pharmaceutical distribution, or Registrar learns of the possibility of any such violation or upon appropriate authorization (what constitutes appropriate authorization is at the sole discretion of Registrar) from the Registrant or Customer or Reseller or their authorized representatives, or if Registrar, Registry Operator or Service Providers in their sole discretion determine that the information associated with the Order is inaccurate, or has been tampered with, or has been modified without authorization, or if Registrar or Service Providers in their sole discretion determine that the ownership of the Order should belong to another entity, or if Reseller/Customer/Registrant does not comply with any applicable terms and conditions, standards, policies, procedures, and practices laid down by Registrar, Service Providers, ICANN, the Registrar, the Registry Operator or for any appropriate reason. Registrar or Registry Operator, also reserve the right to freeze the Order during resolution of a dispute. The Registrant agrees that Registrar, Registry Operator and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Registrar, Registry Operator and Service Providers, are not liable for loss or damages that may result from any of the above.
(6) Registrar and Service Providers can choose to redirect an Order to any IP Address including, without limitation, to an IP address which hosts a parking page or a commercial search engine for the purpose of monetization, if an Order has expired, or is suspended, or does not contain valid Name Servers to direct it to any destination. Registrant acknowledges that Registrar and Service Providers cannot and do not check to see whether such a redirection, infringes any legal rights including but not limited to intellectual property rights, privacy rights, trademark rights, of Registrant or any third party, or that the content displayed due to such redirection is inappropriate, or in violation of any federal, state or local rule, regulation or law, or injurious to Registrant or any third party, or their reputation and as such is not responsible for any damages caused directly or indirectly as a result of such redirection.
(7) Registrar and Registry Operator has the right to rectify any mistakes in the data in the Reliable Host Nigeria Database with retrospective effect.
9. REGISTRANT – REGISTRANT TRANSFER (1) Registrar may transfer the Order of the Registrant to another registrant under the following circumstances: (1) authorization from the Registrant and/or their Agent or Authorized Representative in a manner prescribed by Registrar from time to time; (2) authorization from the Customer and/or the Reseller in a manner prescribed by Registrar; (3) on receiving orders from a competent Court or Law Enforcement Agency; (4) for fulfillment of a decision in a domain dispute resolution; (5) breach of Contract; (6) termination of this Agreement;10. REGISTRAR-REGISTRAR TRANSFER (1) The Registrant acknowledge and agree that during the first 60 days after initial registration of the Order, or after expiration of the Order the Registrant may not be able to transfer the Order to another registrar. (2) Registrar may request the Registrant or any other contact associated with the Order for authorization upon receiving a request to transfer the Order to another registrar. The Registrant agrees to provide such authorization to Registrar. Registrar, in its sole discretion will determine, if such authorization is adequate to allow the transfer.
(7) Registrar learns of any such event, which Registrar reasonably determines would lead to Termination of this Agreement, or would constitute as Breach thereof.
(10) Registrant acknowledges that Registrar cannot verify the authenticity of any information, authorization or instructions received in Section (8)(1). Upon receiving such authorization that Registrar in its absolute unfettered and sole discretion deems to be genuine, Registrar may transfer the Order. Registrar cannot be held liable for any such transfer under any circumstance including but not limited to fraudulent or forged authorization received by Registrar.
(11) In the above circumstances the Registrant shall extend full cooperation to Registrar in transferring the Order of the Registrant to another registrant including without limitation, handing over all data required to be stored by the Registrant as per Section 3(5), and complying with all requirements to facilitate a smooth transfer.
(12) The Registrant’s Order may not be transferred until Registrar receives such written assurances or other reasonable assurance that the new registrant has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by Registrar in its sole discretion). If the Transferee fails to be bound in a reasonable fashion (as determined by Registrar in its sole discretion) to the terms and conditions in this Agreement, any such transfer maybe considered by Registrar as null and void in its sole discretion.
(3) Registrar in its sole discretion may allow the transfer of a domain name away to another registrar, without contacting the Registrant or any other contact, if Registrar in its sole discretion determines that the transfer request it has received is a valid transfer request.
(4) Registrar in its sole discretion may allow the transfer of a domain name away to another registrar, without contacting the Registrant or any other contact pursuant to the then applicable process and rules of transfer of domain names as laid out by the Registry Operator. Registrant acknowledges that it is their responsibility to research and acquaint themselves with these rules and any applicable changes from time to time.
(5) Registrar may deny or prevent a transfer of an Order to another registrar in situations described in this Agreement including, but not limited to: (1) a dispute over the identity of the domain name holder; (2) bankruptcy; and default in the payment of any fees; (3) any pending dues from the Customer or Resellers’ or Registrant for any services rendered, whether under this agreement; (4) any pending Domain Dispute Resolution process with respect to the Order; (5) if the Order has been locked or suspended by the Customer or Resellers; (6) any situation where denying the transfer is permitted under the then applicable process and rules of transfer of domain names as laid out by the Registry Operator, Registrant acknowledges that it is their responsibility to research and acquaint themselves with these rules and any applicable changes from time to time; (7) any other circumstance described in this Agreement; (8) for any other appropriate reason; (6) Registrar may at its sole discretion lock or suspend the Order to prevent a Domain Transfer. (7) Registrar cannot be held liable for any domain name transferred away to another registrar, or for any denial of a transfer, in accordance with this Section 9 (Registrar-Registrar Transfer).
11. LIMITATION OF LIABILITY
IN NO EVENT WILL REGISTRAR, REGISTRY OPERATOR OR SERVICE PROVIDERS OR CONTRACTORS OR THIRD PARTY BENEFICIARIES BE LIABLE TO THE REGISTRANT FOR ANY LOSS OF REGISTRATION AND USE OF THE ORDER, OR FOR INTERRUPTIONS OF BUSINESS, OR ANY SPECIAL, INDIRECT, ANCILLARY, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RESULTING FROM LOSS OF PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF REGISTRAR AND/OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
REGISTRAR FURTHER DISCLAIMS ANY AND ALL LOSS OR LIABILITY RESULTING FROM, BUT NOT LIMITED TO:
(1) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF AUTHENTICATION INFORMATION; (2) LOSS OR LIABILITY RESULTING FROM FORCE MAJEURE EVENTS AS STATED IN SECTION 21 OF THIS AGREEMENT;
(3) LOSS OR LIABILITY RESULTING FROM ACCESS DELAYS OR ACCESS INTERRUPTIONS;
(4) LOSS OR LIABILITY RESULTING FROM NON-DELIVERY OF DATA OR DATA MISS-DELIVERY;
(5) LOSS OR LIABILITY RESULTING FROM ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY AND ALL INFORMATION OR REGISTRAR PRODUCT(S) PROVIDED UNDER THIS AGREEMENT; (6) LOSS OR LIABILITY RESULTING FROM THE INTERRUPTION OF SERVICE.
If any legal action or other legal proceeding (including arbitration) relating to the performance under this Agreement or the enforcement of any provision of this Agreement is brought against Registrar by the Registrant, then in no event will the liability of Registrar exceed actual amount received by Registrar for the Order minus direct expenses incurred with respect to the Order.
REGISTRANT ACKNOWLEDGES THAT THE CONSIDERATION RECEIVED BY REGISTRAR IS BASED IN PART UPON THESE LIMITATIONS, AND THAT THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT WILL THE LIABILITY OF REGISTRAR RELATING TO THIS AGREEMENT EXCEED TOTAL AMOUNT RECEIVED BY REGISTRAR IN RELATION TO THE ORDER.
12. DISPUTE PROCESS
The Registrant agrees that, if the use of the Order is challenged by a third party, the Registrant will be subject to the provisions of the appropriate Dispute policy for that Order as mentioned in the appropriate Appendix in effect at the time of the dispute. The Registrant agrees that in the event a dispute arises with any third party, the Registrant will indemnify and hold Registrar, Registry Operator and Service Providers harmless in all circumstances, and that Registrar, Registry Operator and Service Providers will have no liability of any kind for any loss or liability resulting from any such dispute, including the decision and final outcome of such dispute. If a complaint has been filed with a judicial or administrative body regarding the Registrant’s use of the Order, the Registrant agrees not to make any changes to the Order without Registrar’s prior approval. Registrar may not allow the Registrant to make changes to such Order until:
(1) Registrar is directed to do so by the judicial or administrative body; or
(2) Registrar receives notification, in a manner prescribed by Registrar from time to time, by the Registrant and the other party contesting the Registrant registration or use of the Order, that the dispute has been settled.
13. TERM OF AGREEMENT / RENEWALS(1) The term of this Agreement shall continue until the registrant of the Order in the Reliable Host Nigeria database continues to be the Registrant and the Order continues to exist and the Order Registration term continues to exist. (2) Registrant acknowledges that it is the Registrant’s responsibility to keep records and maintain reminders regarding the expiry of any Order. As a convenience to the Registrant, and not as a binding commitment, we may notify the Customer, via an email message sent to the contact information associated with the Customer in the Reliable Host Nigeria database, about the expiry of the Order. Should renewal fees go unpaid for an Order, the Order will expire.
(3) Registrant acknowledges that after expiration of the term of an Order, Registrant has no rights on such Order, or any information associated with such Order, and that ownership of such Order now passes on to the Registrar. Registrar and Service Providers may make any modifications to said Order or any information associated with said Order. Registrar and Service Providers may intercept any network/communication requests to such Order and process them in any manner in their sole discretion. Registrar and Service Providers may choose to monetize such requests in any fashion at their sole discretion. Registrar and Service Providers may choose to display any appropriate message, and/or send any response to any user making a network/communication request, for or concerning said Order. Registrar and Service Providers may choose to delete said Order at anytime after expiry upon their sole discretion. Registrar and Service Providers may choose to transfer the ownership of the Order to any third party in their sole discretion. Registrant acknowledges that Registrar and Service Providers shall not be liable to Registrant or any third party for any action performed under this clause.
(4) Registrar at its sole discretion may allow the renewal of the Order after Order expiry, and such renewal term will start as on the date of expiry of the Order, unless otherwise specified. Such process may be charged separately at the price then prevailing for such a process as determined by the Registrar in its sole discretion. Such renewal after the expiry of the Order may not result in exact reinstatement of the Order in the same form as it was prior to expiry. (5) Registrar makes no guarantees about the number of days, after deletion of an Order, after which the same Order will once again become available for purchase. (6) This Agreement shall terminate immediately in the event: (1) Registrar’s contract with the Service Providers for the fulfillment of such Order is terminated or expires without renewal; (2) Registrar’s contract with the Registry Operator is terminated or expires without renewal; (3) Registry Operator ceases to be the Registry Operator for the particular TLD; (4) of Registrant-Registrant Transfer as per Section 8; (5) of Registrar-Registrar Transfer as per Section 9. (7) Upon Termination of this Agreement, Registrar may delete/suspend/transfer/modify the Order and suspend Reliable Host Nigeria Users’ access to the Reliable Host Nigeria with immediate effect, upon the sole discretion of Registrar. (8) Neither Party shall be liable to the other for damages of any sort resulting solely from terminating this Agreement in accordance with its terms, unless specified otherwise. The Registrant however shall be liable for any damage arising from any breach by it of this Agreement.
14.PAYMENT POLICIES, FEES AND REFUNDS
a) Payment: Full payment is required before any hosting service is rendered, which includes renewals. Prepayment is due each anniversary (one month, three month, six month, one year, two years) following the date the account was established. For international customers, if you are sending a check/money order the amount must be drawn in US dollars.
b) Taxes and Other Payments: All prices and fees payable to Reliable Host Nigeria or SISCOMEDIA LTD hereunder are exclusive of all federal, state, municipal, or other government, excise, sales, use, occupational, or like taxes now in force or enacted in the future, and therefore, prices are subject to an increase equal in amount to any tax Reliable Host Nigeria may be required to collect or pay upon the sale or delivery of such services. If a certificate of exemption or similar document or proceeding is to be made in order to exempt the sale from such tax liability, Customer will obtain and pursue such certificate, document or proceeding prior to Service activation.
c) Billing and Invoicing All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. You must notify Reliable Host Nigeria within 60 days of receipt of the payment due notice if you have a dispute with the amount due. If your web site has an overdue balance, Reliable Host Nigeria automated billing system will suspend your account until you pay the overdue balance. Please note that it is your responsibility to keep your account current. You can check your account balance at any time by clicking "billing history" in your account's control panel. Billing will continue until you cancel your hosting account. Reliable Host Nigeria reserves the right to change prices at any time.
d) Payment for Cloud storage (online back up) and Data recovery: payment for Online staorage shall be made monthly othrwise access to your stored files will be suspended for the month missed and customer must pay up previous months balance before he/she can use it for any futurer months. Also full payment must be made for Data recovery plus courier fees for the data hardware.
e) Refunds: Domain registration, one time upgrade and maintenance fees and setup fees are nonrefundable. We do not refund partial-recurring fees. Reliable Host Nigeria will only allow for the refund if cancellation is not the fault of the client, as determined by Reliable Host Nigeria. Accounts closed for violating Reliable Host Nigeria policies do not qualify for a refund. Reliable Host Nigeria refund policy does not apply to any additional items or services; this includes but is not limited to Data Storage, Data Transfer, MySQL Databases, FTP Logins, and Sub Domains. Also not included are Domain Registrations as well as Reseller programs. Because it is not possible to return a Miva license that you may have received, your refund amount will be reduced by the amount you were charged for the Miva license. Please allow at least 4-6 weeks for refunds of check, online payment, Mobile money or bank deposit.
f)30-Day Money Back Guarantee: Every hosting account with Reliable Host Nigeria features a 30-day money back guarantee. If you choose to cancel your account within the first 30 days and notify us, we will refund all routine account fees, exclusive of any set up, one time upgrade and maintenance fees, overage charges or domain names fees. If your plan includes a free domain name and you cancel within the first 30 days, a fee for the domain will be deducted from your refund. Accounts closed after 30 days do not qualify for refund of any pre-paid fees. Cancellations over the telephone and informal email are not accepted. The 30 day money back guarantee does not apply to reseller accounts, or any fees associated with these accounts. Accounts cancelled/terminated by Reliable Host Nigeria for violating Reliable Host Nigeria policies do not qualify for the 30-day money back guarantee. For example, if your account is cancelled due to spamming, you will not be given any refund. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
g) Cancellation: You may cancel at anytime. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Reliable Host Nigeria of cancellation. Accounts closed after 30 days do not qualify for refund of any pre-paid fees such as multi-year plans. Domain registration fees, one time upgrade and maintenance fees and setup fees are non refundable. To cancel your account, please notify us by completing the form located here.
Phone requests and email will not constitute acceptance of any cancellation. Notification of cancellation must be received at least five business days prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. It is the Clients Responsibility to secure email confirmation from Reliable Host Nigeria that account has been cancelled. If the client has not yet received email confirmation of account cancellation, then the account remains active, and you will continue to be invoiced. If Client has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve Client of any outstanding financial obligations. All Reliable Host Nigeria accounts must be paid in full before the cancellation will be considered complete. Transferring your domain to another provider or nonuse of your hosting account does not constitute canceling your account. You must notify Reliable Host Nigeria to formally cancel your account and avoid further charges.
15. TERM, TERMINATION AND CANCELLATION
Reliable Host Nigeria has the right to suspend or terminate any service without prior notice or warning for any reason at any time. If the terms and conditions or the general usage policies are violated in any way we reserve the right to immediately terminate the service without prior warning or notice and no refunds are issued for such terminated services.
a) The initial term of this Agreement shall be as set forth in the Order Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to User, typically the order date. After the Initial Term, this Agreement shall automatically renew. ADDITIONALLY AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE US TO AUTOMATICALLY BILL FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN THIS SECTION. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term". b) This Agreement may be terminated or cancelled; i) If an account with a thirty (30) day money-back guarantee is purchased and cancelled within thirty (30) days of sign-up, the User will, upon request, receive a full refund of all hosting fees. Requests for these refunds should be made through our Support Team. Refunds made for a thirty (30) day money-back guarantee will not include domain registration fees or setup fees, nor will they include any fees for additional services that are purchased in the first thirty (30) days. If your plan includes a free domain name and you cancel within the first 30 days, a fee for the domain will be deducted from your refund.
The thirty (30) day money-back guarantee is valid for any means of payment.
ii) by Reliable Host Nigeria in the event of nonpayment by User,
iii) by Reliable Host Nigeria, at any time, without notice, if, in Reliable Host Nigeria's sole and absolute discretion and/or judgment, User is in violation of any term or condition of this Agreement and related agreements, or User's use of the Services disrupts or, in Reliable Host Nigeria's sole and absolute discretion and/or judgment, could disrupt, Reliable Host Nigeria's business operations and/or
iv) by Reliable Host Nigeria as provided herein.
c) If You cancel this Agreement, upon proper notice to Reliable Host Nigeria, prior to the end of the Initial Term or any Term thereafter,
i) You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; ii) Any cancellation request shall be effective thirty (30) days after receipt by Reliable Host Nigeria, unless a later date is specified in such request. d) Reliable Host Nigeria may terminate this Agreement, without penalty,
i) if the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, Terms of Service or regulatory reason, by giving User as much prior notice as reasonably practicable; or
16. WEBSITE CONTENT POLICY:
All Services provided by Reliable Host Nigeria may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law, and Nigerian Law or in violation of the laws of any country, is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, material that advocates or calls for the commission of crimes or civil harms to any person, group of people, corporation, country, or any entity, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless Reliable Host Nigeria from any claims resulting from the use of the Service which damages the subscriber or any other party.
Pornography is prohibited on all Reliable Host Nigeria servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Reliable Host Nigeria will be the sole arbiter in determining violations of this provision. We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble-ticket /email and will have a response within 48 hours. If in doubt regarding the acceptability of your site or service, please contact us and we will be happy to assist you. Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account. Direct customers: Your services will be terminated with or without notice. Any illegal activity, including adult content, links to adult content web sites, spamming or hacking will result in your site being shut down and all your files deleted without warning. Hosting space is intended for normal use only, and is limited to Web files, e-mail and content of the hosted Web sites, not for storage of media or other data. Hosting space may not be used as offsite storage for electronic files or for third party electronic mail or FTP hosts. You are responsible for removing any files which do not meet these requirements, and for adhering to any hosting space (disk usage) limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials, and/or in discontinuation of your services or account, which actions we may take in our sole discretion. Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation or service to other Reliable Host Nigeria customers. You will be notified about offending cgi script that has been disabled. No chat room or similar scripts allowed. Also prohibited are sites that promote any illegal activity or present content that may be damaging to Reliable Host Nigeria servers or any other server on the Internet. Links to such materials are also prohibited. Reliable Host Nigeria will be the sole arbiter as to what constitutes a violation of website content restrictions.
Examples of unacceptable material on all Shared and Reseller servers include:
IRC Scripts/Bots Proxy Scripts/Anonymizers Pirated Software/Warez Image Hosting Scripts (similar to Photobucket or Tinypic) AutoSurf/PTC/PTS/PPC sites IP Scanners Bruteforce Programs/Scripts/Applications Mail Bombers/Spam Scripts Banner-Ad services (commercial banner ad rotation) File Dump/Mirror Scripts (similar to rapidshare) Commercial Audio Streaming (more than one or two streams) Escrow/Bank Debentures High-Yield Interest Programs (HYIP) or Related Sites Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme) Sale of any controlled substance without prior proof of appropriate permit(s) Prime Banks Programs Lottery Sites MUDs/RPGs/PPBGs Hateful/Racist/Harassment oriented sites Hacker focused sites/archives/programs Sites promoting illegal activities Forums and/or websites that distribute or link to warez/pirated/illegal content Bank Debentures/Bank Debenture Trading Programs Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com) Mailer Pro 17. ACCEPTABLE USEAGE POLICY: eMail Policy: Reliable Host Nigeria may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. We consider mass email any email message sent to more than 150 emails/hour; this limit does not apply to virtual private server accounts. Client is responsible for keeping email storage on each POP3 box below 300 MB. This is normal for most accounts since email is typically downloaded from the server on a regular basis using an email client such as Outlook, Outlook Express or Eudora. In most cases, emails are limited to 10MB per file size. Spam Policy: Reliable Host Nigeria is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the Reliable Host Nigeria, by customers or any other users of the Reliable Host Nigeria network (including customers' customers); and/or over ANY network- if the message sent advertises or mentions a site hosted on the Reliable Host Nigeria server. We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to a Reliable Host Nigeria email address or web site URL is prohibited. The use Reliable Host Nigeria servers as a mail drop for responses to activities described above is also prohibited. Additional Shared Hosting Account Restrictions Using a shared hosting account as a backup/storage device is not permitted, with the exception of one Reliable Host Nigeria panel backup of the same account. Please do not take backups of your backups. Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. In some cases, Reliable Host Nigeria may not establish a specific amount of Bandwidth and/or Disk Usage, and refer to that as "Unlimited" disk space or bandwidth. In all cases, the Services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited. Reliable Host Nigeria reserves the right to suspend, discontinue or delete the accounts of Users whose disk space or bandwidth utilization results in or presents the risk of degradation of service to other customers, regardless of the amount of disk space or bandwidth included in the User's plan 18. FEES / RENEWAL Payment of fees for any service on our website shall be governed as per the Payment Terms and Conditions set out ON THE WEBSITE RELIABLEHOSTNG.COM 19. INDEMNIFICATION (1) The Registrant, at its own expense, will indemnify, defend and hold harmless, Registrar, Service Provider, Registry Operator, Resellers and the contactors, employees, directors, officers, representatives, agents and affiliates, of Registrar, Registry Operator, Service Providers, and Resellers against any claim, suit, action, or other proceeding brought against them based on or arising from any claim or alleged claim, of third parties relating to or arising under this Agreement, Registrar Products provided hereunder, or any use of the Registrar Products, including without limitation: (1) infringement by the Registrant, or someone else using a Registrar Product with the Registrant’s computer, of any intellectual property or other proprietary right of any person or entity; (2) arising out of any breach by the Registrant of this Agreement; (3) arising out of, or related to, the Order or use of the Order; (4) relating to any action of Registrar as permitted by this Agreement; (5) relating to any action of Registrar carried out on behalf of Registrant as described in this Agreement. However, that in any such case Registrar may serve either of the Registrant with notice of any such claim and upon their written request, Registrar will provide to them all available information and assistance reasonably necessary for them to defend such claim, provided that they reimburse Registrar for its actual costs. (2) Registrar will not enter into any settlement or compromise of any such indemnifiable claim without Registrant’s prior written consent, which shall not be unreasonably withheld. (3) The Registrant will pay any and all costs, damages, and expenses, including, but not limited to, actual attorneys’ fees and costs awarded against or otherwise incurred by Registrar in connection with or arising from any such indemnifiable claim, suit, action or proceeding. 20. INTELLECTUAL PROPERTY Subject to the provisions of this Agreement, each Party will continue to independently own his/her/its intellectual property, including all patents, trademarks, trade names, domain names, service marks, copyrights, trade secrets, proprietary processes and all other forms of intellectual property. Any improvements to existing intellectual property will continue to be owned by the Party already holding such intellectual property. Without limiting the generality of the foregoing, no commercial use rights or any licenses under any patent, patent application, copyright, trademark, know-how, trade secret, or any other intellectual proprietary rights are granted by Registrar to the Registrant, or by any disclosure of any Confidential Information to the Registrant under this Agreement. Registrant shall further ensure that the Registrant does not infringe any intellectual property rights or other rights of any person or entity, or does not publish any content that is libelous or illegal while using services under this Agreement. Registrant acknowledges that Registrar cannot and does not check to see whether any service or the use of the services by the Registrant under this Agreement, infringes legal rights of others. 21. OWNERSHIP AND USE OF DATA (1) You agree and acknowledge that Registrar owns all data, compilation, collective and similar rights, title and interes
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