Acceptable Use Policy (AUP) and Terms of Service (TOS)

AjA Web Solutions trading as African Web Hosting issues this document.
The company shall be known throughout this document as African Web Hosting.

African Web Hosting agrees to provide the client web hosting for an annual fee. African Web Hosting will never require clients to advertise for African Web Hosting on their website in any way shape or form unless agreed upon such as a non-profit organization receiving complimentary hosting. Clients are allowed to use the service for business/commercial or personal websites or content.

Content:
All services provided by African Web Hosting may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Nigeria,United Kingdom or USA (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is "adult only" content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless African Web Hosting from any claims resulting from the use of the service which damages the subscriber or any other party.

Adult Content:
Pornography and sex-related merchandising are prohibited on any server. This includes sexual content, or direct links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. African Web Hosting will be the sole arbiter as to what constitutes a violation of this provision.

Examples of non-acceptable content or links:
- Pirated software
- Hacking programs or archives
- Warez Sites
- Porn
- Spamming Software

Background-running Programs:
We do not allow background-running programs. This includes any IRC related software such as bouncers and bots. In certain cases we may allow programs to run continually in the background, these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

Banned Scripts:
You are free to use any scripts you wish provided they do not affect the normal operations of the server and they are not mentioned specifically below. Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, African Web Hosting reserves the right to disable the account pending client cooperation and resolution.

Scripts we do not allow include:

- Chat servers/scripts of any kind are strictly prohibited.

- Formmail is not allowed on our servers.

You can use formmail scripts but they must be upto date and not running with the filename "formmail". Any files named "formmail" will be deleted without notice.

Distribution and/or Transmission of Obscene or Indecent Speech or Materials:
Violation of indecency and obscenity laws can result in criminal penalties.

Intellectual Property Rights:
Material accessible to you through African Web Hosting's Services may be subject to protection under any Nigeria,United Kingdom or USA (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the African Web Hosting Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the African Web Hosting Network. If you use a domain name in connection with the African Web Hosting Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network Security:
Customers may not use the African Web Hosting Network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. African Web Hosting will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Defamation:
Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Refusal of Service:
African Web Hosting reserves the right at its sole discretion to refuse or cancel service. Violation of any of African Web Hosting's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Free domains which have been granted for customers paying annually are released to the customer at the end of there hosting period. Domains terminated due to policy violations will not be released to the customer.

Spam Or Unsolicited E-Mail:
You must not use the African Web Hosting Network, African Web Hosting equipment or any African Web Hosting email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the African Web Hosting Network, African Web Hosting equipment or any African Web Hosting email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.

If you are found to have spammed, African Web Hosting reserves the right to disable your domain without warning. In addition, African Web Hosting may impose a £100 penalty for each spam policy violation. African Web Hosting solely reserves the right to refuse or cancel service to known spammers. Lastly, African Web Hosting reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

Abuse:
Any attempts to undermine, slander, libel, threaten, or cause harm to a African Web Hosting server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.

Indemnification:
Customer agrees that it shall defend, indemnify, save and hold African Web Hosting (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against African Web Hosting, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless African Web Hosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with African Web Hosting server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of African Web Hosting to the amount paid for service.

Free Domain Offer:
When this offer is being run and you have a valid promo code:
The terms & conditions for our free domain name offer are plain and simple. We will register the domain name for 1 year (2 years for .uk domains) on your behalf. All we ask is that you stay hosting with us for a minimum of 3 months. If you decide to leave before 3 months and you want to take the domain with you we will only release it once you have paid our normal domain registration fee. If you stay for 3 months or longer and then decide to leave you are free to take the domain at no charge.

Refunds Policy:
You may cancel your account at any time before your annual billing date, and you will not be billed for the next year.

If you are paying annually for web site hosting services, we will issue a pro-rata refund for months not used.

All domain registration fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term.

We do not offer any kind of "money back" guarantee.

Disclaimer:
African Web Hosting will not be responsible for any damages your business may suffer. African Web Hosting makes no warranties of any kind, expressed or implied for services we provide. African Web Hosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by African Web Hosting and its employees. African Web Hosting makes no "uptime" guarantees.

African Web Hosting keeps backups of key server systems only and these backups are not available for customer use. African Web Hosting can accept no responsibility for any loss of data or consequences arising from this. African Web Hosting always advises clients to back up their site data regularly for their own protection.

African Web Hosting furthermore expects that its customers who provide hosting services (resellers) to others will ensure its customers fully comply with all applicable laws concerning the privacy of online communications and any other policy of African Web Hosting. A customer's failure to comply with those laws will violate this policy.

If a customer provides hosting services (resellers) to others and decides to cancel their reseller hosting account with African Web Hosting then African Web Hosting will not be responsible for maintaining hosting for the resellers customers.

All communications (emails, verbal or written) are between African Web Hosting and the client. These communications are private and are therefore not to be shared with any other parties.

Finally, African Web Hosting wishes to emphasize that in accepting services, customers indemnify African Web Hosting for the violation of any law or African Web Hosting policy, that results in loss to African Web Hosting or the bringing of any claim against African Web Hosting. This means that if African Web Hosting is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against African Web Hosting, plus costs and reasonable legal fees.

Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation.

African Web Hosting reserves the right to change, edit, or update the policies contained in this document at any time for any reason without notice.

Contact information

If you have any questions regarding these Terms of Use, or if you have any other questions regarding the site, please contact us.