These Terms of Service (the "Agreement") are an agreement between Domains Africa Technologies, ("Domains Africa Technologies" or "us" or "our") and you ("User" or "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Domains Africa Technologies and of the www.domainsafrica.co.ke website (collectively, the "Services"). By buying and using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services. Domains Africa Technologies has the right to add, edit, modify this this agreement anytime without giving any notice.
1. Acceptable Use Policy
This Acceptable Use Policy ("AUP") governs your use of the Services and is incorporated by reference into Domains Africa Technologies Terms of Service. Unless otherwise stated, defined terms in this AUP have the meanings provided in the Terms of Service. Domains Africa Technologies reserves the right may modify this AUP at any time without notice. The Services provided by Domains Africa Technologies may only be used for lawful purposes. By purchasing and using any of our services as displayed in our website www.domainsafrica.co.ke , you agree to be bound by our acceptable user policy and also to comply with all applicable laws, rules and regulations in connection with your use of the Services. Domains Africa Technologies 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 support department within the specified time period in our email to you may result in the suspension or termination of the Services.
2. Prohibited Uses
a). Infringement of Intellectual Property Rights.
Use of the Services to infringe upon another party's intellectual property rights is prohibited. This includes, but is not limited to, the unauthorized copying or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work. Selling or offering to sell any counterfeit merchandise will result in the immediate termination of your account. Any account found to be infringing on the intellectual property rights of others will be expeditiously removed or access to the material will be disabled. Any account found to be in repeated violation of this prohibition will be suspended or terminated.
b). Zero Tolerance Spam
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. Websites advertised via spam (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to, spam sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any User account which results in our IP space being blacklisted will be immediately suspended and/or terminated. Domains Africa Technologies reserves the right to require changes or disable as necessary, any website, account, database, or other component that does not comply with our policies, or to make any such modifications in an emergency that we deem necessary at our sole discretion. Domains Africa Technologies reserves the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee or any charges incurred for blacklist removal at our sole discretion.
c). Pornography Prohibited.
Content that is potentially harmful to minors, pornographic in nature as determined in our sole discretion, is strictly forbidden, including but not limited to, child pornography or content perceived to be child pornography. Any website found to host pornography or sending pornographic spam emails will be suspended immediately without notice.
3. Account Security.
It is your responsibility to ensure that scripts/programs installed under your account are secure, updated and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password.
4. Non-refundable Products and Services.
There are no refunds on web hosting, webdesign, domain renewal, and crm system software.
You agree to indemnify, defend and hold harmless Domains Africa Technologies, our affiliates, and their respective officers, directors, employees and agents (each an "Indemnified Party" and, collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
In no event will Domains Africa Technologies and its directors, employees or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the services, or any user content, user websites or other materials accessed or downloaded through the services, even if Domains Africa Technologies is aware or has been advised of the possibility of such damages.
Domains Africa Technologies shall not be responsible for any damages your business may suffer. Domains Africa Technologies makes no warranties of any kind, expressed or implied for the Services. Domains Africa Technologies disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by Domains Africa Technologies or our employees.
7. Backups and Data Loss
Your use of the Services is at your sole risk. You must keep a backup of your hosted data and files. Domains Africa Technologies is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on Domains Africa Technologies servers.
8. Entire Agreement
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
10. Force Majeure
Domains Africa Technologies is not liable for any default or delay in the performance of any of its obligations under this Agreement if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.