This Acceptable Use Policy (the "Agreement") sets forth the terms and conditions of Your Use of hosting and related services ("Services"). In this Agreement "You" and "Your" refer to You, as the user of Our Services, or any agent, employee, servant or person authorized to act on Your behalf. "We", "us" and "our" refer to Stormcell Integrated Services Limited trading as (Naija Domains), as well as its subsidiaries and sister companies. This Agreement explains Our obligations to You, and explains Your obligations to Us for various services offered by Naija Domains. When You Use Your account or permit someone else to Use it to purchase or otherwise acquire access to additional Naija Domains service(s) or products or to cancel Your Naija Domains service(s) (even if We were not notified of such authorization), this Agreement covers such service or actions. Stormcell Integrated Services Limited Terms of Service agreement (“TOS”) is incorporated herein by reference and is applicable to all Services under this Accepted Use Policy.
You represent and warrant to Naija Domains that: Your content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person and that You own Your account content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your server account. You also represent and warrant that the server content being hosted by Naija Domains shall not be used in connection with any illegal activity.
Naija Domains will use its best efforts to maintain a full time Internet presence for Your account. You hereby acknowledge that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall Naija Domains be liable to You for any damages resulting from or related to any failure or delay of Naija Domains in providing access to the Internet under this Agreement. In no event shall Naija Domains be liable to You for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of Naija Domains under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive the termination of this Agreement.
This Agreement applies to all accounts, sub-accounts, and alternative account names associated with Your principal account. You are responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A Naija Domains account may not be transferred without prior written approval from Naija Domains.
You may enable SSH access in Your account, or by contacting our Support team. Upon completion of said terms You will be granted Jail access to the system on a provisionary basis any misuse of the system will result in access being revoked. The use of php or any other means to circumvent this policy will result in immediate account termination.
Unacceptable material on our servers include without limitation:
Content that is potentially harmful to minors, as determined in Naija Domains sole discretion, is strictly forbidden, including but not limited to, child pornography or content perceived to be child pornography. Any website found to host child pornography or linking to child pornography will be suspended immediately without notice.
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 or this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice.
You may not:
The use of more than two hundred and fifty thousand (250,000) inodes on any shared or reseller account may result in a warning, and if no action is taken to reduce the excessive use of inodes, your account may be suspended. If an account exceeds one hundred thousand (100,000) inodes it will be automatically removed from our backup system to avoid over-usage, however, databases will still be backed up as a courtesy in our sole discretion. Every file (i.e. a webpage, image file, email, etc.) on your account uses up one (1) inode.User accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes is typically due to Users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past an acceptable amount of inodes. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: fail: No such user here.
We take a zero tolerance stance against the sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists,” purchased lists, and selling of lists will be treated as spam. We may terminate the account of any User who sends out spam with or without notice.
This Acceptable Use Policy (“AUP”) governs your use of the Services and is incorporated by reference into Naija Domains Terms of Service. Unless otherwise stated, defined terms in this AUP have the meanings provided in the Terms of Service. Naija Domains may modify this AUP at any time without notice.
The Services provided by Naija Domains may only be used for lawful purposes. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services. Naija Domains reserves the right to refuse service to anyone. Any material that in our judgment violates this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to an email from our abuse department within the specified time period in our email to you may result in the suspension or termination of the Services.
Server Resource Provision. Your use of the server resources shall not endanger the capacity and operation of the shared server.
*The burst allowance is considered an exception to the acceptable use allowance and shall be permitted solely to stabilize the operation of the website during peak intervals. Any user whose account/server employs the higher burstable resources on a consistent
basis shall agree to upgrade it to a package with higher resource availability.
The decision to upgrade shall rest solely with Naija Domains and shall be made in its reasonable discretion.
Naija Domains staff may use the following tools at our discretion to identify use of system resources:
Conventional UNIX system tools, like 'ps', 'top', 'iostat' etc
MySQL/PostgreSQL stats reporting features
cPanel report Resource usage alerts from CSF/LFD server security system
Disk Usage Provision. The content on your website must be linked from an HTML or similarly coded web page with all content is freely available to the public. Your website must consist of web pages of a standard design, essentially HTML based text and graphics. Your hosting account should consist mostly of html and php files.
At all times, You shall bear full risk of loss and damage to Your server and all of Your server content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your server content; (ii) maintain independent archival and backup copies of Your server content; (iii) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on Naija Domains servers; and (iv) ensure the confidentiality of Your password. Naija Domains services are not intended to be used for data backup or archiving purposes. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of hosting services without prior notice. We reserve the right to delete Your archives if they affect Our overall server performance and Naija Domains shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The services offered by Naija Domains are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. Naija Domains shall have no liability to You or any other person for Your use of Naija Domains products and/or services in violation of these terms.
In the event You terminate this Agreement or Your use of Naija Domains products and/or services, then moving Your server content off of the Naija Domains servers is Your responsibility. Naija Domains will not transfer or FTP Your server content to another provider. In the event Your use of Naija Domains products and/or services is terminated, Naija Domains will not transfer or manage Your services or Your content.
Naija Domains provides some third-party software to You for easier account management including, but is not limited to cPanel, Softaculous, etc. Such software is provided on an as is as available basis. We do not guarantee that any specific results can be obtained by using such software. Naija Domains does not take responsibility for any faults in such software functioning.
You can add and use third-party software on Your account only if it is compatible with Our servers and is approved by Naija Domains. Your use of any third party software is at Your own risk. Naija Domains cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. Naija Domains will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products.
You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup.
Naija Domains explicitly reserves the right and sole discretion to: (i) modify its pricing, if desired by Naija Domains; (ii) establish limits and guidelines concerning the use of Naija Domains services and/or products; (iii) terminate Your use of Naija Domains services and/or products for use of Naija Domains services and/or products to unnecessarily or illegally harass Naija Domains or third parties, non-payment of fees for Naija Domains services and/or products, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the Federal Republic of Nigeria and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of Naija Domains, activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that Naija Domains determines, in its sole discretion, to be harmful to its other customers, operations, or reputation; (iv) terminate Your use of Naija Domains services and/or products if Your use of Naija Domains services and/or products may results in, results in, or is the subject of, legal action or threatened or proposed legal action, against Naija Domains or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit; and (v) terminate Your use of Naija Domains services and/or products at any time and for any reason if deemed reasonably necessary by Naija Domains. Naija Domains has no obligation to monitor Your use of Naija Domains services and/or products, but reserves the right in its sole discretion to do so. Right of Refusal. Naija Domains has the right to refuse services to anyone at Our discretion.
The services offered by Naija Domains are being provided on an "AS IS" and Naija Domains expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose, and non-infringement, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, Naija Domains expressly does not warrant that Naija Domains services and/or products will meet Your requirements, function as intended, or that the use of the provided Services will meet Your requirements, function as intended, or that the use of the provided Services will be uninterrupted or error free. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you from Naija Domains shall create any warranty not expressly made herein. You agree that Naija Domains will not be liable for any (i) suspension or loss of the Services, except to the limited extent that a remedy is provided under this Agreement; (ii) interruption of business; (iii) access delays or access interruptions to the website(s) provided through or by the Services; (iv) loss or liability resulting from acts of god; (v) data non-delivery, mis-delivery, corruption, destruction or other modification; (vi) events beyond the control of Naija Domains; (vii) the processing of Your application for Services; or (viii) loss or liability resulting from the unauthorized use or misuse of Your account identifier or password.
Information obtained by you from the internet may be inaccurate, offensive or in some cases illegal. Naija Domains has no control over information contained on the Internet and accepts no responsibility for any information that you may receive or transmit via the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you disseminate or display in connection with your use of the Services of obtain from the Internet. You agree that Naija Domains has no obligation to back-up any data related to your website unless Naija Domains expressly agrees otherwise in writing or has expressly stated so on the website.
Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge Naija Domains and all affiliates of Naija Domains, and all officers, agents, employees, and representatives of Naija Domains, and all of their heirs, personal representatives, predecessors, successors and assigns, for, from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages and liabilities of every kind and character whatsoever, including, but not limited to, any action omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the Services and Your acquisition and use thereof, including, but not limited to, the provision of the Naija Domains products and/or services by Naija Domains and its agents and employees. Further, You agree to defend, indemnify and hold harmless Naija Domains and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of (i) any breach of any representation or warranty provided in this Agreement, or as provided by Naija Domains’s AUP or any other agreement that has been incorporated by reference herein; (ii) the Services or your use of the Services, including without limitation infringement or dilution by You or by another using the Services from Your computer; (iii) any intellectual property or other proprietary right of any person or entity; (iv) any information or data You supplied to Naija Domains, including, without limitation, any misrepresentation in Your application, if applicable; (v) the inclusion of metatags or other elements in any website created for you or by you via the Services; (vi) any information, material, or services available on your Naija Domains hosted website; or (vii), any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets.
This indemnification is in addition to any indemnification required of You elsewhere. Should Naija Domains be notified of a pending law suit, or receive notice of the filing of a law suit, Naija Domains may seek a written confirmation from You concerning Your obligation to defend, indemnify Naija Domains. Such written confirmation may include the posting of performance bonds or other guarantees. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that Naija Domains shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Naija Domains of any such claim promptly in writing and to allow Naija Domains to control the proceedings. You agree to cooperate fully with Naija Domains during such proceedings. The terms of this section will survive any termination or cancellation of this Agreement.
Naija Domains is a service provider and respects the copyrights and other intellectual property rights of others [and herein incorporates its Copyright Infringement Policy]. To the extent Naija Domains receives a proper notice of infringement of copyright, trademark or other intellectual property, Naija Domains reserves the right to access, preserve and disclose to third parties any of Your information or data (including personally identifiable information and private communications) related to a written complaint of infringement if Naija Domains believes in its sole discretion that such access, preservation, or disclosure is necessary or useful to respond to or otherwise address such complaint. Naija Domains expressly reserves the right to terminate in appropriate circumstances an account or the access rights of a subscriber for repeated copyright infringement. Naija Domains also reserve the right to terminate an account or subscriber for even one instance of infringement.
Proper notice of infringement shall include the following information in writing to Naija Domains’s designated agent:
the electronic or physical signature of the rights holder or the person authorized to act on behalf of that person;
identification of the work that has been infringed;
an identification of the material that is claimed to be infringing, and information reasonably sufficient to permit Naija Domains to locate the material (for example, by providing a URL to the material); or, if applicable, identification of the reference or link to material or activity claimed to be infringing, and information reasonably sufficient to permit Naija Domains to locate that reference or link; Your name, address, telephone number, and email address;
a statement by You that You have a good faith belief that the disputed use is not authorized by the rights holder, its agent, or the law; and a statement that the information in Your notification is accurate and a statement, made under penalty of perjury, that You are the rights holder or are authorized to act on the behalf of the rights holder. Notice of infringement must be sent to Naija Domains’s designated agent to receive notification of claimed infringement as follows: Attn: Legal Department, Naija Domains, 4600 East Washington Street, Suite 305, Phoenix, AZ 85034; facsimile: (310)-312-9513.
Naija Domains expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any account or any Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Naija Domains in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Naija Domains in offering or delivering any Services (including any domain name registration); (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry; (iii) to assist with our fraud and abuse detection and prevention efforts; (iv) to comply with applicable local, state, national and international laws, rules and regulations; (v) to comply with requests of law enforcement, including subpoena requests; (vi) to comply with any dispute resolution process; (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of Naija Domains, its officers, directors, employees and agents, as well as Naija Domains’s affiliates.
In the event that Naija Domains need exercise any of its rights expressed herein to investigate any potential breach or violation of the terms and conditions of this Agreement, service fees may continue to accrue on your accounts, and you will continue to remain responsible for the payment of any service fees that accrue during the relevant period.
Except as otherwise set forth in the UDRP or any similar policy with respect to any dispute regarding the Services provided under this Agreement, Your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the Federal Republic of Nigeria and Rivers State. You agree that any action to enforce this agreement or any matter relating to Your use of the Services must be brought exclusively in the Federal Republic of Nigeria District Court, or if there is no jurisdiction in such court, then in a state court in Rivers State, Nigeria.
You agree that any notices required to be given under this Agreement by Us to You will be deemed to have been given if delivered in accordance with the account and/or domain name WHOIS information You have provided. You acknowledge that it is Your responsibility to maintain current contact information in the account and/or domain name WHOIS information You have provided.
You attest that you are of legal age (18 or over) to enter into this Agreement.
This Agreement, together with all modifications, constitute the complete and exclusive agreement between You and Us, and supersede and govern all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by You except by means of a written document signed by both You and an authorized representative of Us. By applying for Naija Domains’s services through the online application process or otherwise, or by using the Services under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated by reference.
Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.
In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
Except as otherwise set forth herein, Your rights under this Agreement are not assignable or transferable. Any attempt by Your creditors to obtain an interest in Your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at Our option. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any of the Services (or portion thereof) without Naija Domains's prior express written consent.
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over Naija Domains, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, Naija Domains may immediately terminate this Agreement.
The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.