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TERMS OF SERVICE

AFROWEBIT.COM (Nodek Ltd) referred to as "The Company" agrees to give services to our Clients referred to as The Client, subject to the following TOS (Terms of Service). Use of The Company's Service constitutes acceptance and agreement to The Company's TOS (Terms of Service).All provisions of this contract are subject to the TOS (Terms of Service) of The Company.                 

Indemnification Policy The Client agrees to use all The Company's services and facilities at The Client’s own risk. The Company specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall The Company be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold The Company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against The Company, 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 The Company against liabilities arising out of: Any injury to person or property caused by any products sold or otherwise distributed in connection with The Company's servers;
Any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
Copyright infringement;
Any defective products sold to Customer from The Company's servers; The The Company shall be the sole judge of what violates this Policy.

SPAM Policy The Company is committed to a zero-tolerance, Anti-Spamming policy. Under this policy, The Company prohibit Spam, or any unsolicited commercial email, from being sent either: Over The Company's network, by Customers or any other users of The Company's network (including Customers' customers); AND/OR over ANY network, if the message(s) sent advertises or mentions a site hosted on The Company's servers. The Company reacts very quickly and seriously to violations and further reserves the right to terminate the services, without prior notice, or option of refund of any Customer disregarding this policy. Sending unsolicited commercial email (also known as "Spam"), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to The Company's email address(es) or web site URL(s) is prohibited. The use of The Company's servers as a mail drop for responses to activities described above is also prohibited. Accounts cancelled due to spam are subject to a "clean up" fee of $500 with no refunds given.  

Content Policy All services provided by The Company may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material(s) in violation of any Nigerian Federal, State or Local Government law is prohibited. This includes, but is not limited to: copyrighted material(s), trademark, intellectual property, material(s) The Company judge to be threatening or obscene, or material(s) protected by trade secret and other statute without proper authorization. The Client agrees to indemnify and hold harmless The Company from any claims resulting from the use of the service which damages the Client or any other party. Pornography and sex-related merchandising is prohibited on all The Company's servers. This includes sites that may infer illegal sexual content, or links to illegal adult content elsewhere. The Company will be the sole arbiter in determining violations of this provision. Also prohibited are sites that promote any illegal activity or present content that may be damaging to The Company's servers or any other server on the internet. Links to such material(s) are also prohibited. Examples of unacceptable content or links: Pirated software;
Hacker programs or archives;
Warez sites;
Illegal Adult sites;
MP3 Sites;
Financial scam (pyramid schemes, ponzi schemes, chain letters, fake financial institutions, etc.). The Company does not host sites of its competitors or web pages promoting sites of its competitors with exception for resellers using reseller's services provided by The Company. Any illegal activity, including adult content, links to illegal adult content web sites, spamming or hacking will result in The Client’s site being shut down and all The Client’s files deleted without warning or option of refund. The same is also applicable for all resellers and any other Sub Accounts hosted under these Reseller Accounts. The Company will be the sole arbiter as to what constitutes a violation of this provision.

CGI Scripts Policy Each Account comes with its own cgi-bin. The Client are free to use any CGI scripts The Client wish, however The Company reserve the right to disable any CGI script that effects normal server operation or service to other The Company's Customers. The Client will be notified in 48 hours about offending cgi script. The Company is not responsible for scripts that The Client use in The Client’s hosting. It is not our responsibility to ensure The Client’s scripts function. Please don't expect our support techs to troubleshoot aspects of The Client’s scripts or third party scripts that The Client use on The Client’s sites hosted on our servers.

Chat Policy The Company does not allow chat rooms if that effects normal server operation or service to other The Company's Customers.

CGI Proxy Policy The Company does not allow CGI proxies on Shared and Reseller Accounts. CGI proxies are allowed to Dedicated servers Customers only. The Company reserves the right to remove every CGI proxy script without notification for Shared and Reseller Accounts.

Backups Full system backups are made daily. Accounts backups are made weekly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for servers' restoration purposes only. It is the clients' responsibility to maintain local copies of their web content and information. The Backup Manager is available to every Customer and The Client can use this tool to backup The Client’s files.

Our Guarantees Moneyback Guarantee. The Company offers a 30 day moneyback guarantee for monthly payments only. One 30 day moneyback refund for Customer allowed per 180 days preventing abuse. No refunds will be available for Customer's Account which breaks any terms of the TOS. No refunds will be available for third party related services including, but not limited to scripts installation, certificates, custom programming, scripting and designing work, domain names registrations, transfers and renewals, dedicated servers, management and monitoring services. As a conclusion, refunds are for The Company's hosting and reseller packages only. After the end of the 30 day period the Payment Policies apply on all services.

Uptime Guarantee The Company offer a 99.9% uptime guarantee. The Company calculates average uptime per each server using distributed monitoring systems each month beginning for past month. If The Company failed to maintain 99.9% availability of Customer's site(s) during any single calendar month, Customer may request a credit of 50% off that month's hosting fee, but not later than 7 days after that month's end, by sending a notice to us using the contact section of the website. The Company do not offer a credit when interruptions are caused by scheduled maintenance(s) or cases beyond our control (interruption and/or failure of telecommunication and/or digital transmission links, power outages, network attacks, network congestion); errors from Customer's own custom scripting or coding; outages that do not affect the appearance of Customer's web site but merely affect access to Customer's site (such as FTP, POP3/IMAP, SMTP); when average server's uptime calculated equal or greater than 99,9% during calendar month; when notice sent later than 7 days after month's end. All Moneyback and Uptime refunds sent without processing fees applied on them.

Payment Policy Establishment of these services are dependent upon receipt by The Company of payment of stated charges. The Account will be charged at the beginning of each billing cycle for the entire cycle. Failed charge will be turned into outstanding invoice. Billing cycles will continue until the package is canceled according to the Account Cancellation.

Account Cancellation Customer should email cancellation request with at least 7 days, but no more than 30 days, prior notice using the contact us section of the website with cancellation reason, domain name, Account's username and password. The Company verifies the details sent and ensure that Customer has no outstanding invoices, then email back to the Customer asking for confirmation; Customer should pay all outstanding invoices, if any, respond and confirm Account's cancellation. Customer's data removed from the Company's servers as soon as confirmation email from a Customer received and outstanding invoices paid in full, if any.

Domain Names AFROWEBIT.COM (Nodek Ltd) is not a domain name registrar and does not pretend to be one. However, due to difficulty on behalf of our clients to register their domains themselves, we do assist in doing this after which the domain is pushed into the account of the owner.By registering domains using this medium, The Client agree to accept The Client’s domain and be responsible for any issue regarding the domain which includes but is not limited to legal issues.The Client also agree to indemnify The Company in case any such cases, in other words The Client are solely responsible for the registration and the use of The Client’s domain names. In addition, monitoring of The Client’s domain name is solely The Client’s responsibility. Where we can, we will try to warn The Client of The Client’s domain expiry but we shall assume no responsibility for the loss of The Client’s domains due to The Client’s personal carelessness.

TERM OF REGISTRATIONUnless otherwise specified on our web site, each domain name registration through us, is for a one-year initial term.  However, some domain names may be registered for a term of up to ten years, if The Client so wish.

RESTORATION OF AN EXPIRED DOMAINUnless otherwise specified herein or on our web site, the following terms and conditions apply to expiring domain name registrations.  Post-Expiration Period.  If The Client fail to renew The Client’s domain name before the designated expiration date, The Client understand and agree that the domain name registration will enter a "Post-Expiration period".  During the Post-Expiration period, The Client’s domain will be placed on Hold and The Client will lose access to and use of the domain, and any web site operating at the expired domain will have its name servers suspended. In addition, The Client will not be able to transfer the domain to another registrar or to change the registrant information.  Further, The Client will lose any and all rights in, or claim to, any revenue generated from domain parking services, if any, beginning from the date of expiration of the domain name registration.  The Client understand and agree that, at the start of the Post-Expiration period, The Client’s domain will be provisionally renewed on The Client’s behalf in order to preserve The Client’s ability to renew the domain name registration during the Post-Expiration period.  This period usually lasts for about 30days. After this, if The Client still do not renew The Client’s domain, the domain will be placed on a pending delete list and to get it back might cost The Client as much as $140 or as stated by the registrar in their terms of service. END