Web Site Hosting End User Agreement
This Web site Hosting End User Agreement (the "Agreement") is by and between you
and Kavatec, and sets forth the terms and conditions of your
use of Registrar's Web site Hosting service and Web site building tools (the
"Service"). You acknowledge that you have read, understood, and agree to be bound
by all terms and conditions of this Agreement, as well as any additional rules or
policies that are or may be published by Registrar from time to time, including
Registrar's End User Services Agreement.
This Agreement, as well as any additional rules and policies, together with all
modifications thereto, constitute the complete and exclusive agreement between you
and Registrar concerning your use of the Service, and supersede and govern all prior
proposals, agreements, or other communications. IN THE EVENT OF A CONFLICT
BETWEEN THE TERMS OF THIS AGREEMENT AND THE TERMS OF THE
SERVICES AGREEMENT, THIS AGREEMENT SHALL GOVERN. Unless
explicitly stated otherwise, any new features, updates, upgrades or versions that
augment or enhance the current Service shall be subject to this Agreement. Please
note that other Registrar services, outside of the Service, are governed by the Services
Agreement and may be governed by other terms and conditions.
THE SERVICE
The Service provides the ability both to create and to publish a World Wide
Web site (a "User Web Site"). Registrar may, from time to time, offer basic
User Web Sites for free. You further agree and acknowledge that Registrar
allows only one User Hosting Service per domain name.
Your right to use the Service is personal to you. If you transfer your domain
name record to a third party registrar or registrant, or allow your domain name
registration to expire, you may no longer be able to use the Service. In
addition, we may, in our sole discretion, choose not to transfer the Service to
another customer or to another domain name residing at Registrar.
When you sign up for the Service, you may receive an email or instructions
from Registrar advising you to configure your domain name to an IP address
for your account.
ADDITIONAL PAYMENT TERMS
a.Data Storage and Transfer Fees
All hosting plans are subject to storage and transfer limitations. In the
event usage of the Service exceeds the allocated limits for a plan, you
are responsible for all charges related to such excess stored data or
transfers. In the event that you do not pay any applicable overage fees,
Registrar reserves the right to suspend or disable your account until
such fees are paid.
b. Upgrades
You will have the ability to upgrade the Service at any time during the
term of your Service. Such upgrade will take effect immediately. For
any upgrade in package level, the credit or debit card that you provided
in connection with your initial registration for the Service will be
charged a pro-rata amount for the higher-level Service based on the
number of days remaining in the term. Downgrades in Service are not
available.
c. Billing and Renewal
Billing is done vias Mpesa and Paypal.
d. Cancellation and Termination
If you cancel the Service before the end of the term, you will have
access to the Service for the remainder of the term for which you have
prepaid. When your Service expires or is terminated, or your domain
name expires, your User Web Site will cease resolving on the Internet,
you will no longer have access to the Service, and all information and
Content contained therein will be deleted. Registrar accepts no liability
for such deleted information or Content.
User Web Site Content
You understand that you are solely and fully responsible for all information,
data, text, software, music, sound, photographs, graphics, video, messages,
goods, products, services or other materials ("Content"), whether publicly
posted or privately transmitted using the Service or a User Web Site. Registrar
does not pre-screen Content, but Registrar and its designees shall have the
right (but not the obligation) in their sole discretion to refuse or remove any
Content that is made available to others using the Service or on a User Web
Site. Registrar neither endorses the Content of your User Web Site nor
assumes responsibility for such Content. You agree that you must evaluate,
and bear all risks associated with, the use of any Content, including any
reliance on the accuracy, completeness, or usefulness of such Content.
The following is a non-exclusive list of activities prohibited under the terms of
this Agreement:
a. The uploading, posting or otherwise transmitting of any Content on a
User Web Site that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, libelous, hateful,
racially, ethnically or otherwise objectionable, or violates privacy,
publicity or other personal rights of others;
b. Sending unsolicited bulk and/or commercial messages over the Internet
to a large number of recipients (known as "spamming"), or maintaining
an open SMTP relay. This prohibition extends to the sending of
unsolicited mass mailings from another service that in any way
implicates the use of the Service, Registrar's equipment or any domain
name registration or electronic mail address serviced by Registrar;
c. the forgery of any headers or other manipulation of identifiers in order
to disguise the origin of any message sent in connection to a User Web
Site;
d. Using the Service to harm minors in any way, including to advertise,
transmit, store, post, display, or otherwise make available child
pornography. Registrar is required by law, and will, notify law
enforcement agencies when it becomes aware of the presence of child
pornography on, or being transmitted through, the Service;
e. The uploading, posting or other transmittal of any Content that violates,
infringes or misappropriates the intellectual property rights of others,
including patents, trademarks, service marks, trade secrets, copyrights
or other proprietary rights of any party;
f. The uploading, posting or other transmittal of any Content that you do
not have a right to transmit under any law or under contractual,
fiduciary or personal relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
g. Using the Service to create, upload, post or transmit any viruses,
worms, Trojan horses, or for pinging, flooding, mailbombing or denial
of service attacks or any other malicious computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment;
h. Attacking or attempting to gain unauthorized access to the data,
computers, accounts, systems or networks of others, or attempting to
penetrate security measures of Registrar or other entities' systems
("hacking"), or eengaging in any activity that might be used as a
precursor to an attempted system penetration (i.e. port scan, stealth
scan, probe, or other information gathering activity);
i. Installation of 'auto-responders', 'cancel-bots' or similar automated or
manual routines that generate excessive amounts of net traffic, or
disrupt net newsgroups or email use by others.
j. engaging in activities that disrupt the use of or interfere with the ability
of others to effectively use the network or any connected network,
system, service, or equipment;
k. Violating any local, state, national or international laws;
l. Engaging in or promoting gambling;
m. Displaying or promoting any type(s) of intoxicant, alcoholic beverage,
cigarettes or drug, where prohibited by local, state, national or
international law;
n. "stalking" or otherwise harassing another;
o. Collecting or storing personal data about others without their consent;
p. The impersonation of any person or entity, including, but not limited to,
q. Registrar official, forum leader, guide or host, or falsely stating or
otherwise misrepresenting your affiliation with a person or entity;
Proprietary Rights; License Grant
a. The Software
You acknowledge and agree that the Service and any necessary
software used in connection with the Service (the "Software") contains
proprietary and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and
agree that Content contained in sponsor advertisements or information
presented to you through the Service or advertisements is protected by
copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by Registrar or its
advertisers, you agree not to duplicate, modify, reproduce, rent, lease,
loan, sell, give, sublicense, assign, distribute, otherwise transfer, create
derivative works based on, reverse engineer, reverse assemble,
decompile or otherwise attempt to discover any source code for the
Service or the Software, in whole or in part, or to allow or assist any
others to do so. Subject to the use restrictions,
Registrar grants you a personal, non-transferable, non-sublicensable
and non-exclusive right and license to use the object code of its
Software for the sole purpose of accessing and using the Service. You
agree not to access the Service by any means other than through the
interface that is provided by Registrar for use in accessing the Service.
Your Representations; Communications
By applying to use the Service, or by asking us to maintain or renew your use
of the Service, you hereby represent and warrant to us that (a) any statements
made by you in connection with your application to use or renew the Service
are complete and accurate; (b) to your knowledge, your use of the Service will
not infringe upon or otherwise violate the rights of any third party; (c) you are not using the Service for an unlawful purpose; (d) you will not knowingly use
the Service in violation of this Agreement or any applicable laws or
regulations; and (e) you are at least 18 years of age and under no legal
disabilities that would prevent you from entering into this Agreement
(otherwise, a parent or guardian must accept this Agreement and make the
proper payment). You agree and acknowledge that it is your responsibility to
determine whether your User Web Site infringes or violates someone else's
rights. You understand and agree that the Service may include certain
communications from Registrar, such as renewal and billing notices, service
announcements and administrative messages, and that these communications
are considered part of the Service and you will not be able to opt out of
receiving them. On occasion, Registrar may have a need to communicate with
you via email about these issues. It is your responsibility to check email sent
to the email address associated with the Service, which is the address that you
provide to us in your Service application.
Agents
You agree that, if you are using the Service for someone else, you additionally
represent and warrant that you have obtained consent to post the content
included on your User Web Site.
Suspension, Cancellation, Transfer or Modification
You agree and acknowledge that Registrar will, in its sole discretion,
determine whether or not your User Web Site is consistent with (i) the terms
and conditions of this Agreement, or (ii) applicable Registrar operating rules
and policies. You also agree and acknowledge that Registrar may suspend,
remove, delete or modify any User Web Site or any portion thereof that
Registrar deems inconsistent with the terms and conditions of this Agreement
or unacceptable for any other reason and may suspend, cancel or modify your
access to and use of the Service for any violation of those terms and
conditions, in Registrar's sole discretion, and without prior notice to you. Such
termination of the Service may result in the deactivation or deletion of your
User Web Site, and the forfeiture, and deletion of all related files contained in
your account. You further agree and acknowledge that Registrar may, in its
sole discretion, charge a reinstatement fee of up to to customers who have had
their Service suspended or canceled as a result of a violation of the terms and
conditions of this Agreement, or otherwise. If you re-register for services after
Registrar's cancellation of your account without Registrar's written consent,
Registrar will cancel your account and all dues and fees paid to date regardless
of whether service has been rendered will be forfeited. Additionally, any
amounts due will be immediately payable.
Registrar shall also have the right in its sole discretion to suspend, cancel, or
otherwise modify your use of the Service or User Web Site at such time as
Registrar receives what reasonably appears to be an authentic notification
from a court or tribunal of competent jurisdiction. Finally, Registrar reserves
the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or withoutnotice. You agree that Registrar shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
